HomeMy WebLinkAbout2013-07-23 Planning PACKET
Note: Anyyone wishing too speak at any Planning Commission meetinng is encourageed to do so. If you wish to sppeak,
please risee and, after youu have been reecognized by thhe Chair, give yyour name and complete address for the reccord.
You will then be allowed to speak. Pleaase note that thhe public testimmony may be limited by the CChair and normaally is
not allowed after the Pubblic Hearing is cclosed.
AASHLAND PLLANNING COOMMISSION
STUUDY SESSION
JUULY 23, 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. Unnified Land UUse Ordinancce: Definitioons.
V. OTHER BUSINESSS
A. Bi-Annual Attendance Repport (Januarry – June 20113).
Innformation Ittem Only. Noo Action Neccessary.
VI. ADJOURNMENT
Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please
coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the
mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104
ADDA Title 1).
The following consolidates definitions from the existing Land Use Ordinance and makes
User’s Guide:
minor edits for clarity and consistency. The gray highlighted text indicates new language or terms. The
new language and terms are primarily taken from the state model code. The strikeout text indicates
deletions. The yellow highlights indicate duplications in the existing ordinance.
itle186ΑDefinitions3
T
Chapter186.1ΓDefinitions3
186.1.010Purpose3
186.1.020ApplicabilityandGeneralProvisions3
186.1.030Definitions4
A4
B6
C7
D9
E12
F12
G13
H15
I16
J16
K16
L16
M18
N20
O21
City of Ashland 5-1 Draft Definitions - July 2013
Land Use Ordinance
P22
Q24
R24
S ERROR!BOOKMARKNOTDEFINED.
T32
U34
V34
W35
Y37
City of Ashland 5-2 Draft Definitions - July 2013
Land Use Ordinance
Title 18-6 Ï Definitions
Chapter 18-6.1 Ð Definitions
Sections:
18-6.1.010 Purpose
18-6.1.020 Applicability
18-6.1.030 Definitions
This chapter replaces Chapter 18.08 Definitions and sections of other chapters of Title 18
Comment:
containing definitions.
18-6.1.010 Purpose
The purpose of Chapter 18-6.1 is to define terms that are used in Title 18 (Ñthis ordinanceÒ) and other terms
that may arise in interpreting this ordinance, particularly those that may be uncommon or have more than one
meaning.
18-6.1.020 Applicability and General Provisions
A. Applicability. The definitions in Chapter 18-6.1 apply to actions and interpretations under Title 18 Land
Use Ordinance. The meanings of some terms in this chapter may, in certain contexts in which they are used,
be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning,
and that intent shall control.
B. General Provisions. Terms not defined herein shall have their ordinary accepted meanings within the
context in which they are used. \[WebsterÔs Third New International Dictionary of the English Language,
Unabridged,\]shall be considered a standard reference. Where the masculine term is used it also includes the
feminine, and the neuter and the singular variation of terms include the plural.
C. Conflicting Definitions.Where a term listed in Chapter 18-6.1 is defined by another section of this
ordinance or by another code or statute referenced by this ordinance, the term is not redefined herein for
purposes of that other code or statute.
City of Ashland 5-3 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
18-6.1.030 Definitions
The following definitions are organized alphabetically.
The following consolidates definitions from the existing Land Use Ordinance and makes minor
Comment:
edits for clarity and consistency. The gray highlighted text indicates new language or terms. The new
language and terms are primarily taken from the state model code. The strikeout text indicates
deletions. The yellow highlights indicate duplications in the existing ordinance.
A
Access. A way or means of approach to provide pedestrian, bicycle, and/or motor vehicular entrances or exits
to a property, as applicable.
Access Easement. An easement conveyed for the purposed of providing vehicle, bicycle, and/or pedestrian
access from a public street to a lot or parcel across intervening property under separate ownership from
the parcel being provided access. Cross access easement is an easement providing vehicular access
between two or more separate sites, so that the driver need not enter the public street system between
sites.
Access Management. The systematic control of the location, spacing, design, and operation of driveways,
median openings interchanges, and street connections to a roadway to minimize conflicts between turning
and through vehicles, bicyclists and pedestrians. The purpose of access management is to provide vehicular
access to land development in a manner that preserves the safety and efficiency of the transportation
system. Public facility measures to support access management include roadway design applications, such as
median treatments and auxiliary lanes, and the appropriate spacing of traffic signals. Measures that may be
included as conditions of approval for development decisions include but are not limited to 1) standards
such as minimum spacing of driveways and onsite vehicle storage requirements, 2) mitigations related to site
conditions such as right-in-right-out only approaches, medians, dedicated turn lanes, and shared driveways
and 3) provision for future opportunities for mitigation by land dedication or easement.
Alternate Access. The right to access a property by means other than the proposed approach or access
connection. It may include an existing public right of way, another location on the subject street or highway,
an easement across adjoining property, a different street, a service road, a local road, or an alley, and may be
in the form of a single or joint approach.
Access Point. A connection providing for the movement of vehicles to or from a lot or parcel to a public
roadway.
Access Spacing/Intersection Spacing. The minimum required distance from an intersection of a public or
private street to the nearest driveway or other access connection, measured from the closest edge of the
pavement of the intersecting street to the closest edge of the pavement of the connection along the traveled
way.
Access Way. A walkway providing a through connection for pedestrians between two streets, between two
lots, or between a development and a public right-of-way. It may be an access way for pedestrians and
i.e.,
bicyclists (with no vehicle access), or a walk way on public or private property ( with a public access
easement); may also be designed to accommodate emergency vehicles. See also, Walkway.
City of Ashland 5-4 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Accessible. Two meanings are possible depending on the specific code provision: In general, accessible means
approachable by pedestrians, vehicles or other transportation mode, as applicable. Accessible may also mean
approachable and useable by people with disabilities, in conformance with the Federal Americans With
Disabilities Act. Either or both definitions may apply in a particular situation.
Accessory Equipment, Wireless Communication Facilities. All appurtenances defined in wireless
communication facilities, with the exception of the support structure and antennas.
The definition of “accessory residential unit” is moved under “dwelling”.
Comment:
Accessory Structure or Use. A structure or use incidental and subordinate to the main use of the property,
and which is located on the same lot with the main use. Private garages and carports are accessory buildings
when not attached to the main building. This definition shall also apply to mechanical equipment as defined
herein.
Agriculture or Agricultural Use (Land Use). The use of the land for crops and tree farming; the tilling of
the soil, and the raising of field and tree crops.
Agricultural Structures. Structures intended primarily or exclusively for support of an agricultural function,
and exemplified by, but not restricted to barns, silos, water towers, windmills, greenhouses.
Airspace Obstruction. Any structure, tree, land mass, or use of land which penetrates a transitional,
horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Title
and/or regulations of the Federal Aviation Administration.
Alley. A narrow street, twenty (20) feet or less in width, through a block primarily for vehicular service access
to the back or side of properties otherwise abutting on another street. See standards in Section 18-4.6.030.
Alter or Alteration, Site. Any human-induced physical change to the existing condition of land or
improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation
(chemical or otherwise), excavation, grading, placement of fill material, placement of structures or
impervious surfaces or other construction. ÑPermit to be alteredÒ means allowing or failing to prevent the
alteration. See also definitions related to Signs, below.
Antenna. The device used to capture an incoming or to transmit an outgoing radio-frequency signal from
wireless communication systems. Antennas include the following types:
1. Omni-direction (whip) antenna - receives and transmits signals in a 360 degree pattern
2. Directional or Parabolic (panel or disk) Antenna - receives and transmits signals in a directional pattern.
They are typically rectangular in shape.
3. Microwave antennas - receives and transmits to link two telecommunication facilities together by line of
sight. They are typically circular or parabolic in shape and can be a grid or solid material.
Applicant. A person who applies for a permit or approval under this ordinance. An applicant can be the owner
of the property, a contract purchaser, or someone who is legally authorized to represent the owner, such as
a builder, developer, or contract purchaser.
Approval Authority. The Staff Advisor, Planning Commission or its Hearings Board, Hearings Officer, or City
Council as determined by the applicable procedural requirements.
Arborist. A person licensed by the State of Oregon State Landscape Contractors Board or Construction
City of Ashland 5-5 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Contractors Board who is certified as an arborist from the International Society of Arboriculture or
American Society of Consulting Arborists.
Architect. An architect licensed by the State of Oregon.
Architectural Projection. Eaves, decorative extensions, bay windows having no floor space, or other
portions of a building having no living space or key structural value.
Automobile Service Station. A business where motor vehicles are serviced or repaired that providing
service to the motoring public. Such uses can include light repair, tune-ups, transmission or drive train
repairs to automobiles or light trucks, but does not include. No outside storage of any automobiles or
.
materials such as tires, auto parts, etc., is allowable
Average Slope. Average slope for a parcel of land or for an entire project, for the purposes of determining
the area to remain in a natural state in Hillside Lands shall be calculated before grading using the following
formula:
S = .00229(I)(L)
A
where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the
contour interval in feet; "L" is the summation of length of the contour lines in scale feet; and "A" is the area
of the parcel or project in acres.
B
Ballot Measure 49. The measure enacted by the voters at the November, 2007 General Election, which
amended ORS Chapter 197. Ballot Measure 49 ÑClaimÒ means a written demand for compensation filed
under Section 12 to 14 of Measure 49 and ORS 197.25, as in effect on and after the effective date of
Measure 49. ÑClaimantÒ in this context means the person who has filed a claim. The claimant must be a
current owner of the property that is the subject of the claim.
Bank Full Stage. The two-year recurrence interval flood elevation.
Bar. Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and
where food may be available for consumption on premises as accessory to the principal use.
Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Base Flood Elevation (BFE). The water surface elevation during the base blood in relation to a specific
datum. The Base Flood Elevation (BFE) is depicted on the FIRM to the nearest foot and in the FIS to the
nearest 0.1 foot.
Basement. That portion of a building with a floor-to-ceiling height of not less than 6.5 feet and where fifty
percent (50%) or more of its perimeter walls are less than six (6) feet above natural grade and does not
exceed twelve (12) feet above finish grade at any point.
Block. The land surrounded by streets and other right-of-way other than an alley, or land that is designated as a
block on any recorded subdivision map.
Block Length. The distance measured along a street between the centerline of two intersecting through
City of Ashland 5-6 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
streets.
Block Perimeter. The sum of the block lengths of all sides of a block.
Boarding or Rooming House (Land Use). A dwelling or part thereof, other than a hotel or motel, where
lodging with or without means is provided, for compensation, for three (3) or more persons, for a minimum
period of thirty (30) days.
Building Code. The combined specialty codes adopted under ORS 446.062, 446.185, 447.020(2), 455.020(2),
455.610, 455.680, 460.085, 460.360, 479.730(1) or 480.545, but not include regulations adopted by the State
Fire Marshall pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and 479.210 to 479.220.
The current definition of Building Envelope is in Chapter 18.84 Manufactured Housing
Comment:
Development and Chapter 18.88 Performance Standards Option. Recommend clarification that
envelope pertains to building area, as fences and other structures may be permitted outside building
envelope.
Building Envelope. An area, within the property boundaries of a lot, parcel, or space, and generally defined by
required setback yards, floor area ratio, overlay zone restrictions, if any, and other development standards,
within which a permitted building manufactured housing or structure can be placed.
Building Line. A line on a plat indicating the limit beyond which buildings may not be erected.
C
Caliper Inch. A manner of expressing the diameter inches of a tree as calculated by measuring the tree's
circumference and dividing by Pi (approximately 3.14159). Specially calibrated "diameter tapes" or "calipers"
are used to determine caliper inches.
Carport. A stationary structure consisting of a roof, its supports, not more than one wall or storage cabinets
substituting for a wall, used to shelter motor vehicles, recreational vehicles, or boats; does not include
temporary shelters or canopies not affixed to a permanent foundation per applicable building codes.
Centerline of Stream. An imaginary line that is in the midpoint of the stream channel. In cases where a
stream has multiple or braided channels, the centerline of stream is the midpoint between the outermost or
upland sides of the stream channels
Centerline of Stream
Change of Use. Change in the primary type of use on a site.
City of Ashland 5-7 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
City. The City of Ashland, Oregon.
City Administrator. The City Administrator of the City of Ashland, or the City Administrator's designee.
City Facility. A public service or facility provided, owned and controlled by the City.
Clearing. Removal, redistribution or disturbance of vegetation, soil or substrate that may include trees, brush,
grass, ground cover, or other vegetative matter from a site.
Club (Land Use). Any organization, group, or association supported by the members thereof, the purpose of
which is to render a service customarily rendered for members and their guests but shall not include a
commercial use.
Cohesive Soils. Residual or transported soils, usually originating from parent rock that contains significant
quantities of minerals which weather to clay. Cohesive soils have a Plasticity Index of ten or more, based on
laboratory testing according to AASHTO methods, or a site-specific scientific analysis of a particular soil
material.
Collocation. The use of a single wireless communication facility by more than one wireless communications
provider.
Commercial. Land use involving the sale of goods or services for a profit. See also ÑRetail Sales and Services.Ò
Commission. The Planning Commission of the City.
Common Area. Land jointly owned to include open space, landscaping, parking or recreation facilities (e. g.,
may be managed by a homeowners' association).
Community Services (Land Use). Community Services are uses of a public, nonprofit, or charitable nature
generally providing a local service to people of the community, except for Schools, which are categorized
separately. Generally, they provide the service on the site or have employees at the site on a regular basis.
The service is ongoing, not just for special events. Private lodges, clubs, and non-profit organizations that
have membership provisions may be considered a Community Service. Uses providing mass shelter or short
term housing where tenancy may be arranged for periods of less than one (1) month when operated by a
public or non-profit agency may also be considered a Community Service. The use may also provide special
counseling, education, or training of a public, nonprofit or charitable nature. See also, ÑReligious InstitutionsÒ
and ÑParks and Open Spaces.Ò
Comprehensive Plan. The current adopted Comprehensive Plan of the City.
Condominium. A development providing for individual ownership of units or airspace in a multi-unit structure
or structures, in which the underlying land and/or structures are held under joint dominion.
Council. The City Council of the City.
County. Unless otherwise specified, Jackson County, Oregon.
Court, Inner. Area upon which any of four or more multifamily dwelling units in opposing (facing) buildings
open and share pedestrian access and/or yard area. dwellings opens.
Coverage, Lot or Site. Total area of all, buildings, parking areas, driveways, as well as other solid surfaces that
will not allow normal water infiltration to the ground. The coverage is expressed as a percentage of such
area in relation to the total gross area of the lot or site. Landscaping which does not negatively impact the
City of Ashland 5-8 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
natural water retention and soil characteristics of the site shall not be deemed part of the lot or site
coverage
D
Day Care Center, Nursery or Kindergarten (Land Use). An establishment providing for the care and
supervision of children for no more than twelve (12) hours per day .
Dead Tree. A tree that is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle
dry branches, or lack of any growth during the growing season.
Deer Fence. An open fence used to prevent entry by deer or other wildlife for the purpose of protecting
gardens, vegetation and yards.
Density(ies). A measurement of the number of dwelling units in relationship to a specified amount of land. A
common standard is dwelling units per acre.
Designer. A person not registered as an architect or engineer, approved to plan and design single family homes
and other buildings defined as exempt by the building code.
Develop. To construct or alter a structure or to make a physical change to the land including excavations,
clearing and fills. See also, Alteration.
Development. In lands with significant natural features and physical constraints (i.e. floodplain corridor,
hillside, wildfire and sever constrain lands), development is defined as alteration of the land surface by:
1. Earth-moving activities such as grading, filling, stripping, or cutting involving more than twenty (20) cubic
yards on any lot, or earth-moving activity disturbing a surface area greater than 1000 sq. ft. on any lot;
2. Construction of a building, road, driveway, parking area, or other structure; except that additions to
existing buildings of less than 300 sq. ft. to the existing building footprint shall not be considered
development for Section 18-3.9.070 Development Standards for Hillside Lands.
3. Culverting or diversion of any stream designated by chapter 18-3.9.
Development Plan. Any plan adopted by the Planning Commission for the guidance of growth and
improvement of the City, including modifications or refinements made from time to time.
Diameter at breast height or DBH. The diameter of the trunk at its maximum cross section, measured 54
inches (4 1/2 feet) above ground level at the base of the trunk. On sloped lands, the measurement shall be
taken on the uphill side of tree.
Disc Antenna. A devise device incorporating a reflective surface that is solid, open mesh, or bar configured
and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is
meant to include, but is not limited to, what are commonly referred as satellite earth stations, TVROS, and
microwave antennas.
Discontinued Use. A use that physically left the land it was on, a permitted use that ceased, or a use
terminated at the end of a lease or contract. See Chapter 18-1.4 Non-Conforming Situations.
District. A zoning district. See also, Chapter 18-2.1
City of Ashland 5-9 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
A. "R" district indicates any residential zoning district.
B. "C" district indicates any commercial zoning district.
C. "M" district indicates any industrial zoning district.
D. "A" district indicates any airport overlay district.
E. ÑCMÒ district indicates any Croman Mill Plan zoning district.
Drainage Ditch or Channels means a: include:
1. Roadside ditches that carries only storm water runoff from the adjacent road and the immediate
surrounding area. (Drainage ditches do not include historically altered streams or channels that convey
surface water flows. These features are still classified as streams for the purpose of this ordinance.)
2. Constructed channels designed as part of the storm water infrastructure and that drains directly from
storm water facilities or storm pipe systems; and
3. Features similar to those in 1 and 2, above.
Enhancement Ï means actions performed to improve the condition or functions and values of a Water
Resource and its associated Protection Zone. Enhancement actions include but are not limited to increasing
plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and
removing invasive plant species.
Dripline. An imaginary vertical line extending downward from the outermost tips of a tree's branches to the
ground.
Drive-Up Uses (Land Use). Drive-up uses are defined as any establishment which by design, physical facilities,
service or by packaging procedures encourages or permits customers to receive services, obtain goods
other than automobile fuel, or be entertained while remaining in their motor vehicles. The components of a
drive-up use include kiosks, canopies or other structures; windows; stalls; queuing lanes and associated
driveways. Drive-up uses may serve the primary use of the site or may serve accessory uses. Examples are
drive-up windows; automatic teller machines; coffee kiosks and similar vendors; menu boards; order boards
or boxes; gas pump islands; car wash facilities; auto service facilities, such as air compressor, water, and
windshield washing stations; quick-lube or quick-oil change facilities; and drive-in theaters. All driveways
queuing and waiting areas associated with a drive-through/drive-up facility are similarly regulated as part of
such facility.
Removed standard from definition. Cross-check to ensure it is included in applicable section
Comment:
of Title 18-4.
Driveway. The area that provides vehicular access to a site from a street, or the area that provides vehicular
circulation on a site. An access way serving a single dwelling unit or parcel of land, and no greater than 50'
travel distance in length. A flag drive serving a flag lot shall not be a driveway. Single dwelling or parcel
accesses greater than 50' in length shall be considered as a flag drive, and subject to all of the development
requirements thereof.
Driveway Apron. The edge of a driveway where it meets a public right-of-way.
Driveway Approach. A driveway connection to a public street or highway where it meets a public right-of-
way. Driveway, Shared. When land uses on two or more lots or parcels share one driveway. An
easement or tract (owned in common) must be created and recorded for this purpose.
City of Ashland 5-10 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Driving Surface. A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to be of
minimum width as required by ordinance. Width shall be increased on turns where necessary to ensure fire
apparatus remain on a paved surface during travel.
Dwelling. A structure conforming to the definition of a dwelling under applicable building codes and providing
complete, independent living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation. If the individual units are self-contained, assisted living facilities for
the elderly or disabled as defined by the State of Oregon, having common food preparation, dining, social,
recreational and/or housekeeping facilities are included in this definition. Typical accessory uses include:
accessory storage buildings; private garage and parking areas; storage of not more than one commercial
vehicle per dwelling unit; common area buildings for residents, guest houses and guest quarters not in the
main building, provided such houses and quarters are and remain dependent upon the main building for
either kitchen or bathroom facilities, or both, and the guest facilities are used for temporary lodging only
and not as a place of residence; and the taking of boarders or leasing of rooms by a resident family,
providing the total number of boarders and roomers does not exceed \[two (2)\] in any dwelling unit. For the
purposes of this ordinance, the following types of dwelling units are defined:
Based on the Oregon Model Code, the following terms replace single-family dwelling,
Comment:
two-family dwelling or duplex, and multiple-family dwelling in 18.08.200 through 18.08.230.
- Accessory Residential Unit. A secondary dwelling unit on a lot where the primary use is a single-
family dwelling, either attached to the single-family dwelling or in a detached building located on the
same lot with a single-family dwelling, and having an independent means of access.
-Duplex Dwelling.A building containing two (2) dwelling units.A structure that contains two dwelling
units on one lot. The units must share a common wall or common floor/ceiling.
The following amended definition is intended to clarify what does and does not
Comment:
constitute a dwelling unit with respect to the number and type of cooking facilities.
-Dwelling Unit. A building, or a portion of a building, that has independent living facilities including
provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group
of people. Buildings with more than one set of cooking facilities are considered to contain multiple
dwelling units or accessory dwelling units, as applicable, unless the additional cooking facilities are clearly
accessory to the primary use, such as an outdoor grill or wet bar. One (1) or more rooms designed for
occupancy by one (1) family and not having more than one (1) kitchen or cooking facility. For the
purpose of this Title, the term "dwelling," or "dwelling unit," does not include the term "trailer house."
- Manufactured Home. A structure constructed for movement on the public highways that has
sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for
residential purposes and that was constructed in accordance with federal manufactured housing
construction and safety standards and regulations in effect at the time of construction.
- Mobile Home. A structure constructed for movement on the public highways that has sleeping,
cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential
purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the
construction requirements of Oregon mobile home law in effect at the time of construction.
- Multifamily Dwelling. A building containing three (3) or more dwelling units.A dwelling in a structure
City of Ashland 5-11 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
or grouping of structures containing three (3) or more dwelling units on the same lot.
- Residential Care Home is a residential treatment or training or adult foster home licensed by or
under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a
residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under
ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or
training or a combination thereof for five (5) or fewer individuals who need not be related. (See also,
ORS 197.660.).
- Residential Facility is defined under ORS 430.010 (for alcohol and drug abuse programs); ORS
443.400 (for persons with disabilities); and ORS 443.880; residential facilities provide housing and care
for six (6) to fifteen (15) individuals who need not be related. Staff persons required to meet State-
licensing requirements is not counted in the number of facility residents and need not be related to each
other or the residents.
- Senior Housing. Housing designated and/or managed for persons over a specified age. Specific age
restrictions vary, and uses may include assisted living facilities, retirement homes, convalescent or
nursing homes, and similar uses not otherwise classified as Residential Homes or Residential Facilities.
- Single-Family Dwelling. A detached or attached structure building containing one (1) dwelling unit
per structure.
E
Easement. A grant of the right to use a strip of land for specific purposes.
Engineer. A registered professional engineer licensed by the State of Oregon.
Engineering Geologist. A registered professional engineering geologist licensed by the State of Oregon.
Exempt Vegetation, Solar Access. All vegetation over fifteen (15) feet in height at the time a solar access
permit is applied for.
F
Fair Market Value. For the purposes of implementing Measure 49, the amount of money, in cash, that the
property would bring if the property was offered for sale by a person who desires to sell the property but is
not obligated to sell the property, and if the property was bought by a person who was willing to buy the
property but not obligated to buy the property. The fair market value is the actual value of property, with all
of the propertyÔ s adaptations to general and special purposes. The fair market value of property does not
include any prospective value, speculative value or possible value based upon future expenditures and
improvements.
The definition of family is deleted because it is not needed. The ordinance limits use of
Comment:
the word family to the context of describing structures (e.g. single family dwelling, multifamily
dwelling) and referencing the U.S. Department of Housing and Urban Development’s (HUD) annual
income categories. In addition, the current definition does not meet fair housing law requirements.
City of Ashland 5-12 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Family. An individual, or two (2) or more persons related by blood, marriage, legal adoption, or guardianship,;
and not more than five (5) persons who are not related by blood, marriage, legal adoption or guardianship.
Family Daycare. Care for not more than sixteen (16) children in a home. See ORS 657A.440(4) for applicable
licensing and other requirements.
Fill Material. A deposit of earth or other natural or manmade material placed by artificial means.
Filling. The act of placing fill material in any amount, including the temporary stockpiling of fill material.
Final Plat. The diagrams, drawings, and other writing containing all the descriptions, locations, dedications,
provisions and information concerning a land division, pursuant with ORS 92 and Chapter 18-5.3 of this
ordinance.
Fire Work Area. An area capable of supporting up to 44,000 lbs. gross vehicle weight. Area to be a minimum
of 20' by 40', within 50Ô of the structure and clear of vertical obstructions.
Fish Bearing or Fish Habitat. Inhabited at any time of the year by anadromous or game fish species or fish
that are listed as threatened or endangered species under the state or federal endangered species acts. Fish
use is determined from Oregon Department of Forestry Stream Classification, Oregon Department of Fish
and Wildlife and Oregon Department of State Lands maps for salmonid fish distribution.
Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land
areas from:
1. the overflow of inland or tidal waters; or
2. the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM). An official map of a community, issued by the Federal Insurance
Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the
community.
Flood Insurance Study (FIS). The official report by the Federal Insurance Administration evaluating flood
hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood.
Floodway Channel. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
Floor Areas, Gross Habitable. The total area of all floors in a dwelling measured to its outside surfaces that
are under the horizontal projection of the roof or floor above with at least seven (7) feet of head room,
excluding uninhabitable spaces accessed solely by an exterior door.
Floor Area, Gross. The total area of all floors in a building measured to the outside surfaces that are under
the horizontal projection of the roof or floor above.
Floor-Area Ratio (FAR).The gross floor area of all buildings on a lot divided by the lot area.
G
Garage, private. A covered permanent structure designed to provide shelter for vehicles, and which may be
accessory to a dwelling or other primary use. Carports are considered garages. An enclosed or open
City of Ashland 5-13 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
(carport) roofed accessory structure designed to house vehicles owned by occupant(s) of a residential
structure.
Garage sale. A temporary activity conducted on the premises of a private residence for the purpose of
disposal of goods or belongings of the residents of the dwelling. Such activity shall have a duration of not
more than two (2) days, nor shall it occur more than twice within any three hundred sixty-five (365) day
period. Such activity shall not be accompanied by any off-premises advertisement. For the purposes of this
Title, garage sales shall not be considered a commercial activity.
Geotechnical Expert. An engineering geologist or an engineer with demonstrable expertise in geologic
hazards evaluation and geotechnical engineering.
Grade or Ground Level. The average of the finished ground level at the center of all walls of the building. In
case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the
sidewalk.
Grading. All cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with
development.
Ground Cover. Living or processed plant material (e. g. , mulch, bark chips), river rock and cinders used for
aesthetic purposes and to prevent erosion (i.e., cover bare ground) in designated landscape areas. See
Chapter 18-4.4 Landscaping, Fences and Walls, Outdoor Lighting.
Ground Floor. The first floor of a building other than a cellar or basement.
Group Home. See Residential Care Home. A dwelling housing a group in excess of five (5) individuals not
related by blood, marriage, adoption or guardianship who function as a single housekeeping unit under a
common management plan based on an intentionally structured relationship providing organization and
stability. Such facilities can include, but are not limited to, homes for orphans, foster children, the elderly and
battered women and children.
Group Living. Group Living is characterized by the long-term residential occupancy of a structure by a group
of people. The size of the group typically is larger than the average size of a household. Group Living
structures do not include self-contained units but rather have common facilities for residents including those
for dining, social and recreational and laundry. Group Living is divided into two subcategories based on
whether or not residents receive any personal care, training and/or treatment:
Room and board facilities are group living establishments where no personal care, training and/or treatment
is provided. Examples include dormitories, fraternities, sororities, boarding houses, monasteries and
convents, residential hotels, lodging houses operated by organizations for members only, and similar uses.
Long-term care facilities (Residential Care Homes and Residential Facilities) are group living establishments
where personal care for children, the aged, and special categories of persons with some limits on ability for
self-care is provided. In addition to the provision of room and board, services such as supervision;
protection; assistance while bathing, dressing, grooming or eating; management of money; transportation;
and recreation are provided. Medical care may or may not be a major element. Examples include hospice,
nursing and personal care facilities, homes for the deaf or blind, and similar uses.
Gully. A drainage incision, commonly caused by erosion, which does not experience regular or seasonal stream
flow, but does act as a channel for runoff during periods of high rainfall.
City of Ashland 5-14 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
H
Hand-held Equipment or Machinery. Equipment or machinery held in and operated by hand. Hand-held
equipment or machinery includes but is not limited to manual tools, weed eaters, chainsaws, and equipment
or machinery with wheels and a weight of 100 pounds or less such as push lawn mowers and brush mowers.
For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100
pounds is not considered hand-held equipment or machinery.
Height of Building or Structure. The vertical distance from the "grade" to the highest point of the coping of
a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or
hip roof.
Heritage Tree. Any tree listed on the official City of Ashland Heritage Tree list adopted by the City Council.
Highest Shade Producing Point, Solar Access. The point of a structure that casts the longest shadow
beyond the northern property boundary at noon on December 21st.
Historic District. A district identified as historically significant under the City of Ashland Comprehensive Plan
and its implementing regulations (e.g. overlay zones).
Home Occupation (Land Use). A business activity that is carried out in conjunction with a dwelling unit, and
which is accessory to the residential use, subject to the special use provisions of Chapter 18-2.3. A
commercial activity permitted in a residential zone as provided in Chapter 18.94.
Homeowners Association. A homeowners association is an organization formed for the maintenance and
operation of the common areas of the development. The membership in the association must be automatic
with the purchase of a dwelling unit or other property in the planned development. The association's
principal source of funds shall be an assessment levied against each dwelling unit or other property, which
assessment shall be enforceable as a lien against the property.
Review definition of Home-Oriented Commercial Activities and update for consistency with
Comment:
Railroad District standards. Relocate standards from definition to Railroad District chapter.
Home-Oriented Commercial Activities. The operation of small local-convenience businesses within the
Railroad District as identified by the Ashland Historic Commission and approved by the Council. Such
businesses may include grocery stores, barber and beauty shops and similar uses, provided the residential
character of the property is maintained and no additional off-street parking shall be required.
Hospital (Land Use). An establishment which provides sleeping and eating facilities to persons receiving
medical, obstetrical, or surgical care and nursing service on a continuous basis.
The definition of Hostel was last updated in 1985. It is consistent with the definition in ORS
Comment:
446.310.
Hostel (Land Use). Any establishment having beds rented or kept for rent on a daily basis to travelers for a
charge or fee paid or to be paid for rental or use of facilities and which are operated, managed or
maintained under the sponsorship of a non-profit organization which holds a valid exemption from federal
income taxes under the Internal Revenue Code of 1954, as amended.
Hotel is revised to include motel to represent a type of transient accommodation in
Comment:
commercial and employment zones. Revised definition is from state model code.
City of Ashland 5-15 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Hotel/Motel (Land Use). A building in which lodging is provided to guests for compensation and in which no
provisions are made for cooking in the lodging rooms. A building or portion thereof designed and used for
occupancy of transient individuals lodged with or without meals and which may include additional facilities
and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities.
(See ORS 446.310)
I
Immediate Danger of Collapse, Tree. A tree that may already be leaning, with the surrounding soil heaving,
and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a
tree removal permit could be obtained through the non-emergency process. "Immediate danger of collapse"
does not include hazardous conditions that can be alleviated by pruning or treatment.
Impact Area. That area which is immediately surrounding a use, and which may be impacted by it, including.
All all land that is within the applicable notice area for a use is included in the impact area. In addition, any
lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed
use, is also included in the impact area.
Impervious Surface. Surface materials that prevent the normal infiltration of storm water into the ground.
Industrial, or Industrial Use. An activity related to the manufacture, production or storage of produce to be
transported elsewhere for retail sale.
Infill. The development of more intensive land uses upon vacant or under-utilized sites.
Interest. For the purposes of implementing Measure 49, the average interest rate for a one-year United States
Government Treasury Bill on December 31 of each year of the period between the date the land use
regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of
the period.
J
Junk Yard (Land Use). (1) Any property or establishment on which one or more persons are engaged in
breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap or waste materials. (2) Any
establishment or place of business on which two or more inoperable motor vehicles or an equivalent
volume of waste or refuse are maintained, stored, bought, or sold. Includes wrecking yards, automobile
graveyards, garbage dumps, and scrap metal processing facilities.
K
Kennel (Land Use). Any premises where four (4) or more dogs or cats are kept or permitted to remain,
except veterinary clinics.
L
Landscape Professional. Arborist certified by the International Society of Arboriculture and licensed by the
City of Ashland 5-16 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
State of Oregon State Landscape Contractors Board or Construction Contractors Board, or landscape
architect licensed by the State of Oregon.
The following definition is consistent with ORS 197.015.
Comment:
Land Use Decision. A final decision or determination made by the City of Ashland (or other agency with
jurisdiction) that concerns the adoption, amendment, or application of the Comprehensive Plan or any
provision of this Land Use Ordinance where the decision requires the interpretation or exercise of policy
or legal judgment. All decisions requiring Quasi-Judicial review by the City of Ashland are Land Use
Decisions. Decisions subject to Administrative review are considered Limited Land Use Decisions, pursuant
with ORS 197.015.
Land Use Regulation. For the purposes of implementing Measure 49, a provision of a city comprehensive
plan, zoning ordinance or land division ordinance that restricts the residential use of private real property
zoned for residential use.
Lawn. Grass or similar materials maintained as a ground cover of less than six (6) inches in height. For purposes
of this ordinance, lawn is not considered native vegetation regardless of the species used.
LEED® Accredited Professional. A person who has earned a credential as a Leadership in Energy and
Environmental Design (LEED®) Accredited Professional from the U.S. Green Building Council, or Green
Building Certification Institute, in accordance with their standards and requirements.
LEED® Certification. A building registered with the U.S. Green Building Council which has satisfied all
prerequisites and has earned a minimum number of points outlined in the Leadership in Energy and
Environmental Design (LEED®) Rating System under which it is registered. Levels of certification include
Certified, Silver, Gold and Platinum.
LEED® Green Building Rating SystemÒ or ÑLEED§ Rating System.The most recently published
version of the Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems by
the U.S. Green Building Council, or the version to be superseded for one year after the publication of a new
applicable LEED® Rating System version.
Legislative Amendment. An amendment to the text of the land use ordinance or the comprehensive plan or
an amendment of the zoning map, comprehensive plan maps or other official maps including the street
dedication map described in chapter 18-5.8, for land involving numerous parcels under diverse ownerships.
Loading Area. The area available for the maneuvering and standing of vehicles engaged in delivering and
loading goods, freight, or other articles.
Local Native Plant Species. Those plant species appropriate to planting in or adjacent to a Water Resource
that are native species indigenous to the Rogue River Basin. Local native plant species are adapted to the
elevation, weather, soils and hydrology of the area; will support the desired structure, functions, and values
of the water resource; and once established require significantly less maintenance than non-native species.
The City of Ashland Planning Division maintains a list of recognized site-appropriate local native plant
species for both wetland and stream bank water resource applications, along with a list of known local
suppliers. Plants may be added to or removed from the Local Native Plant List if reviewed and approved by
the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups
with demonstrable expertise and local, state and federal agencies.
City of Ashland 5-17 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
The definition of a flag lot is revised to better describe the physical features of a flag lot using
Comment:
the definition from the state model code as well as the current definition.
Lot. A unit of land created by a partition or a subdivision, or a unit or contiguous units of land under single
ownership, which complies with all applicable laws at the time such lots were created. Any contiguous
ownership of non-conforming lots will be considered one (1) tract of land.
- Corner Lot. A lot abutting the intersection of two or more streets other than an alley.
- Flag Lot. A lot with two distinct parts:
- The flag, which is the building site; and is located behind another lot; and
- The pole, which connects the flag to the street; provides the only street frontage for the lot with
less than forty (40) feet of frontage on a street; and unless an alley provides access, includes a
driveway providing access.
- Through Lot. An interior lot having frontage on two (2) parallel or approximately parallel streets
other than alleys. Such a lot shall have one (1) front yard fronting on the primary public street.
Lot Area. The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way.
Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear of lot
line.
Lot, Flag. Any lot which has frontage on a city street which is less than forty (40) feet, and which is provided
with access by an alley or a driveway parallel to the lot line of a lot having standard access.
Lot, Interior. A lot other than a corner lot.
Lot Line. The property line bounding a lot.
Lot Line, Front. In the case of an interior lot, the lot line separating the lot from the street other than an
alley. A corner lot shall have one (1) street line considered the front lot line. The narrower street frontage
shall be the front lot line except when the Staff Advisor determines topographical or access problems make
such a designation impractical.
Lot Line, Rear. A lot line which is opposite and most distant from the front lot line, and in the case of an
irregular, triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a
maximum distance from the front lot line.
Lot Line, Side. Any lot line not a front or rear lot line.
Lot, Reversed Corner. A corner lot, the side street line of which is substantially a continuation of the front
line of the first lot to its rear.
Lot Width. The average (mean) horizontal distance between the side lot lines, ordinarily measured parallel to
the front lot line.
M
Manufactured home definition is updated and moved under “dwelling.”
Comment:
City of Ashland 5-18 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Manufactured Home. Residential structures with a Department of Housing and Urban Development (HUD)
label certifying that the structure is constructed in accordance with the national Manufactured Housing
Construction and Safety Standards Act of 1974, as amended on August 22, 1981.
Mobile Home Court, Park or SubdivisionManufactured Housing Development (Land Use). A plot
of ground upon which one (1) or more mobile subdivision or park comprised of manufactured homes
occupied for dwelling purposes are located, regardless of whether a charge is made for such
accommodation.
Map. A diagram or drawing of a partition or subdivision or any other land use or land development matter.
Review definition of Minor Amendment against draft criteria for Minor/Major Modifications
Comment:
under chapter 18-5.6.
Minor Amendment. An amendment to a subdivision or partition plat that:
A. Does not increase the number of lots or parcels created by the subdivision or partition;
B. Does not enlarge the boundaries of subdivided or partitioned area;
C. Does not change the general location or amount of land devoted to a specific land use; or
D. Makes only minor shifting of the established lines, location or size of buildings or building envelopes,
proposed public or private streets, pedestrian ways, utility easements, parks or other public open
spaces.
Mitigation. Taking one or more of the following actions listed in order of priority:
1. Avoiding the impact altogether by not taking a certain development action or parts of that action.
2. Minimizing impacts by limiting the degree or magnitude of the development action and its
implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life
of the development action by monitoring and taking appropriate corrective measures.
5. Compensating for the impact by replacing or providing comparable substitute resources or
environments.
Mitigation Plan. A plan that outlines the activities that will be undertaken to alleviate project impacts to
sensitive areas.
Mobile home definition is updated and moved under “dwelling.”
Comment:
Mobile home.A building or vehicle which is portable or which was originally designed to be portable and
which was constructed or modified to permit occupancy for dwelling purposes. This term shall include self-
propelled mobile homes, pickup campers, mobile homes, travel trailers, trailers, and other similar equipment
that may be utilized for dwelling purposes.
The definition of motel is deleted and the term included with the definition of hotel to
Comment:
represent a type of transient accommodations in commercial and employment zones. Motels are
described this way in The Latest Illustrated Book of Development Definitions by Harvey S. Moskowitz and
Carl G Lindbloom: “There is little distinction between hotels and motels. Traditionally, the motel (motor-
hotel) was a one or two-story, less- expensive accommodation catering to the automobile traveling
public, with a majority of all rooms having direct access to the outside without the necessity of passing
City of Ashland 5-19 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
through the main lobby of the building. Today, rentals range across the entire economic spectrum,
multistory structures are common, and motels may offer a full range of services, including restaurants,
meeting rooms, entertainment and recreational facilities.”
Motel. A building or group of buildings on the same lot containing guest units for rental to transients, with
separate entrances directly exterior and consisting of individual sleeping quarters, detached or in connected
rows, with or without cooking facilities.
Mural. A graphic design on a building which represents representing a person, place, scene or other artistic
endeavor. This definition does not include architectural enhancement of a building facade; however, this
would be subject to the procedural and substantive design review portion of the Site Review Chapter.
N
The current code contains two definitions of Natural Grade, in Chapter 18.70 Solar Access
Comment:
and 18.62 Physical and Environmental Constraints. The definitions have been combined, and edited for
clarity.
Natural Grade.The elevation of the natural ground surface in its natural state, before man-made alterations.
The natural ground surface is the ground surface in its original state, before any grading, excavation, or
filling.
Natural Grade. The elevation of the ground level in its natural and original state, before manmade alterations
such as construction, grading, filling, or excavation, and construction. (see graphic)
Natural Resources Professional. A Ñnatural resources professionalÒ includes individuals who have a
Bachelors degree, or the equivalent or greater, in the field of natural resources, biology, ecology, or related
fields, and at least four years of relevant post-graduate experience.
Natural State. All land and water that remains undeveloped and undisturbed. This means that grading,
excavating, filling and/or the construction of roadways, driveways, parking areas, and structures are
prohibited. Incidental minor grading for hiking trails, bicycle paths, picnic areas and planting and landscaping
which is in addition to and enhances the natural environment is permitted. Incidental brush removal for lot
maintenance and ecosystem health is permitted. Further, vegetation removal for the purposes of wildfire
control in conjunction with an approved fire prevention and control plan shall also be permitted.
Nightclub. An establishment dispensing liquor and meals and in which live music, dancing, or entertainment is
conducted.
Non-cohesive Soils. Residual or transported soils containing no or very little clay, usually from crystalline
granitic parent rock. Non-cohesive soils have a Plasticity Index of less than ten, based on laboratory testing
according to AASHTO methods, or a published scientific analysis of a particular soil type.
City of Ashland 5-20 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
The definition of nonconforming development from the state model code is added to
Comment:
support changes to the nonconforming chapter. The current definition of a “nonconforming structure or
use” in 18.08.620 was edited to define a structure, and the definition of nonconforming use from the
model code was added separately.
Nonconforming Development. An element of a development, such as lot area, setback, height, lot coverage,
landscaping, sidewalk, or parking area, or lack thereof, that was created in conformance with development
regulations but which subsequently, due to a change in the zone or applicable Code standards, is no longer
in conformance with the current applicable development regulations. See chapter 18-1.4.
Nonconforming Structure or Use.An existing structure or use lawful at the time the ordinance codified in
this Title, or any amendment thereto, becomes effective, and which does not conform to the requirements
of the zone in which it is located.
Nonconforming Use. A use that was allowed by right when established or a use that obtained a required land
use approval when established, but that subsequently, due to a change in the zone or zoning regulations, the
use or the amount of floor area of the use is now prohibited in the zone. See chapter 18-1.4.
Non-native Species. A plant species which is not indigenous to the local area.
Northern Lot Line, Solar Access. Any lot line or lines less than forty-five (45) degrees southeast or
southwest of a line drawn east-west and intersecting the northernmost point of the lot. If the northern lot
line adjoins any unbuildable area (e.g., street, alley, public right-of-way, parking lot, or common area) other
than a required yard area, the northern lot line shall be that portion of the northerly edge of the unbuildable
area which is due north from the actual northern edge of the applicant's property.
Noxious and Invasive Vegetation. Plant species which are recognized as having a significant potential to
disrupt the functions and values of local Water Resource ecosystems. The City of Ashland Planning Division
maintains a list of recognized noxious and invasive plants. Plants may be added to or removed from the
Prohibited Plant List if reviewed and approved by the Staff Advisor in consultation with the City
Horticulturist, Tree Commission, other professional groups with demonstrable expertise and local, state
and federal agencies.
O
Obstructed Street. A public street, or a private drive serving greater than three (3) units, or a driveway, that
has been obstructed by a gate or other barriers designed to restrict access.
Office (Land Use). Office uses are characterized by activities conducted in an office setting and generally
focusing on business, government, professional, medical, or financial services.
The following definitions of Open Space come from Chapter18.84 Manufactured Housing
Comment:
Developments and Chapter 18.88 Performance Standards Options. The standards will be removed from
the definition and relocated to applicable ordinance sections. For example, open space requirements
for manufactured housing developments should be contained in 18-2.3.180.
Open Space.A common area designated on the final plans of the development, permanently set aside for the
common use of the residents of the development. The open area may be landscaped and/or left with a
natural vegetation cover, and in which area no thoroughfares, parking areas, or improvements other than
recreational facilities are located. All developments shall provide a minimum of 5% of the total lot area in
City of Ashland 5-21 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Open Space.
Open Space. A common area designated on the final plans of the development, permanently set aside for the
common use of the members of the homeowners associationresidents of the development., which open
Open space area may be landscaped and/or left with a natural vegetation cover, and in which area no
thoroughfares, parking areas, or improvements other than recreational facilities are located. All
developments with a base density of 10 units or greater shall provide a minimum of 5% of the total lot area
in Open Space that is not subject to bonus point calculations. Bonus points shall only be awarded to that
Open Space area in excess of the 5% required for developments of 10 units or greater. Open Space shall be
optional for developments of less than 10 units, unless required by the application of the approval criteria.
Orientation. To cause to face toward a particular point of reference (e.g., ÑA building oriented to the streetÒ).
Owner. The owner of the title to real property or the contract purchaser of real property of record, as shown
on the latest assessment records in the Office of the County Assessor. Owner also includes a deed holder
or contract purchaser whose name does not appear in the latest assessment records, but who presents to
the City a copy of a deed or contract of sale signed by the owner of record.
P
Parking Space. A space designed and designated to provide parking for a motor vehicle and in compliance
with Chapter 18-4.3.
The definition of Partition is intended to be consistent with ORS 92.010. The statute refers to a
Comment:
calendar year, not 12 months.
Partition. To divide an area or tract of land into not more than three (3) parcels within one calendar year
when such area or tract of land exists as a unit or contiguous units of land under single ownership at the
beginning of such year. To divide an area or tract of land into three (3) or fewer lots within twelve (12)
months.
- Major Land Partition. A partition which necessitates the creation of a road or street.
- Minor Land Partition. A partition that does not necessitate the creation of a road or street.
Pedestrian Way. A right-of-way for pedestrian traffic.
Recommend removing the definition of pedestrian path, currently in the manufactured
Comment:
housing development chapter, and clarifying the standard for walkways/paths in 18-4.
Pedestrian Path. A graded cleared way, adjacent to the curb at curb level, for individuals who travel on foot.
There are two definitions of person in the ordinance, and the following definition was
Comment:
suggested by the Legal Department.
Person. An individual, firm, partnership, association, corporation, estate, receiver, syndicate, branch of
government, social or fraternal organization, or any other group or combination acting as a legal entity, and
including any trustee, assignee, or other representative thereof.
Person. Any individual or legal entity. Any natural person, their estate, or any legal entity; and includes any of
their designated representatives.
Planned Road or Street. A highway, road, street or alley identified in an adopted corridor plan,
City of Ashland 5-22 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
comprehensive plan or transportation system plan in accordance with administrative procedures of OAR 660-
012 and ORS chapter 197 but has not been constructed.
Two similar but different definitions of “Planning Application or Action” exist in Chapter 18.08.
Comment:
The definition has been updated to coordinate with the procedures section in 18-5 of the Unified Land
Use Ordinance. As requested by the Planning Commission, the types of procedures will be added as a
subset under the definition.
Planning Application or Planning Action. A planning application is an applicationaction, other than an
application for legislative amendment, filed pursuant to the requirements of this ordinance. A planning action
is a proceeding pursuant to this ordinance in which the legal rights, duties or privileges of specific parties are
determined, and any appeal or review of such proceeding, pursuant to the provision of this ordinance. A
planning action does not include a ministerial action or a legislative amendment.Planning Action. A
proceeding pursuant to this ordinance in which the legal rights, duties or privileges of specific parties are
determined, and any appeal or review of such proceeding, pursuant to the provisions of this ordinance. A
planning action does not include a ministerial action or a legislative amendment.
Plat. A diagram, drawing or replat containing all the descriptions, locations, specifications, dedications,
provisions and information concerning a subdivision.
Porch, Enclosed/Unenclosed. Covered porches, exterior balconies, or other similar areas attached to a
building and having dimensions of not less than six (6) feet in depth by eight (8) feet in length. ÑEnclosed
means the porch contains wall(s) that are more than forty-two (42) inches in height measured from finished
floor level, for fifty percent (50%) or more of the porch perimeter. ÑUnenclosedÒ means the porch contains
no such walls, but it may be covered.
Porous Solid Surface. Porous solid surface is a permeable surface built with an underlying stone reservoir
that temporarily stores surface runoff before it infiltrates into the subsoil. Porous solid surfaces include
pervious asphalt, pervious concrete, grass or permeable pavers, or decks that allow runoff to infiltrate the
subsoil beneath the deck.
Power-assisted Equipment or Machinery. Equipment or machinery other than hand-held equipment or
machinery. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess
of 100 pounds is considered power-assisted equipment or machinery.
Pre-existing Structure. Structure in existence prior to an application for a wireless communication facility
installation.
Primary Building Entrance. A main entrance is the entrance to a building that most pedestrians are
expected to use. Generally, each building has one main entrance, however, some buildings may have more
than one entrance or may have entrances that open directly into the building's lobby or principal interior
ground level circulation space.
Principal Building or Principal Structure. A structure or combination of structures in which the principal
use of the zoning district in which it is located is conducted. The difference between a principal and
accessory structure may be determined by comparing the size, placement, design, appearance, function, and
the orientation of the structures on a site, among other relevant factors.
Primary Orientation. Direction of the front of the building with the main entrance to the public.
Primary Use. An activity or combination of activities of chief importance on the site. One of the main
City of Ashland 5-23 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more
than one primary use.
Private Way. A private easement or ownership established by deed for vehicular access to property.
Property Line Adjustment. The relocation of a single common property line between two abutting
properties not resulting in an increase in the number of lots, pursuant with Chapter 18-4.3.
Property. For the purposes of implementing Measure 49, the private real property described in a claim and
contiguous private real property that is owned by the same owner, whether or not the contiguous property
is described in another claim, and that is not property owned by the federal government, an Indian tribe or a
public body, as defined in ORS 192.410.
Q
Quarry Face. The split face of the incision where the disturbed surface meets the natural, undisturbed surface.
Quasi-Judicial. An action or decision that requires substantial discretion or judgment in applying the standards
or criteria of this Code to the facts of a development or land use proposal, and requires a public hearing.
See chapter 18-5.1.
R
Rain Barrel. A barrel used to collect and store rain water runoff from rooftops via rain gutters for non-potable
uses.
Reconstruct. To recreate or reassemble a structure or building with a new or replacement structure that
recreates or reproduces its form, shape and location as originally built.
Recreational Vehicle or Travel Trailer. A self-propelled or towable mobile unit used for temporary
dwelling purposes by travelers.
the difference, if any, in the
Reduction in Fair Market Value. For the purposes of implementing Measure 49,
fair market value of the property from the date that is one year before the enactment of the land use
regulation to the date that is one year after the enactment, plus interest.
Rehabilitation. The act or process of making possible a compatible use for a property through repair,
alterations, and additions while preserving those portions or features which convey its historical, cultural, or
architectural values.
Religious Institutions and Places of Worship (Land Use). Uses primarily providing meeting areas for
religious activities; may include schools as an accessory use.
Residential, or Residential Use (Land Use). Long-term occupancy of a dwelling unit, which may be owner-
occupied or rented. Occupancy of a dwelling unit for shorter periods (i.e. less than 30 days) of time is
considered an overnight accommodation for transient individuals (e.g. hotel/motel, travelerÔs
accommodation). Any activity, as contrasted with commercial and industrial activities, which involves the
peaceful, private conduct of pursuits related to the living environment.
City of Ashland 5-24 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Restaurant (Land Use). An establishment where food and drink are prepared, served, and consumed.
Consumption may occur within the principal building or outside the confines of the building.
Retail Sales and Service Uses (Land Use). Retail Sales and Service uses sell, lease, or rent new or used
products, goods, or services.
Restoration. The act or process of accurately depicting the form, features, and character of a property as it
appeared at a particular period of time by means of the removal of features from other periods in its history
and reconstruction of missing features from the restoration period. The limited and sensate upgrading of
mechanical, electrical, and plumbing systems and other code-required work to make properties functional is
appropriate within a restoration project.
Restoration. Efforts performed to re-establish the functional values and characteristics of a critical area that
have been destroyed or degraded by past alterations such as filling, grading or draining.
Comment: The current ordinance contains two definitions of Riparian, in Chapter 18.62 Physical and
Environmental Constraints and Chapter18.63.Water Resource Protection Zones The most recent
definition from the Water Resources chapter is retained.
Riparian. That area associated with a natural watercourse including its wildlife and vegetation.
Riparian Area. The area adjacent to a stream, consisting of the area of transition from an aquatic ecosystem to
a terrestrial ecosystem, which affects or is directly affected by the stream.
Riparian Buffer. An area located adjacent to the stream and including the riparian area that is preserved for
the purpose of protecting the functions and values of the stream and the riparian area by serving to reduce
the adverse effects of adjacent land uses.
Riparian Corridor. ÑRiparian CorridorÒ is a Goal 5 resource that includes the water areas, fish habitat,
adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian Corridor is a type of
Stream Bank Protection Zone.
S
Schools (Land Use). Public and private schools, secular or parochial, at the primary, elementary, middle,
junior high, or high school level.
The definition of Secretary and the term Staff Advisor are used interchangeably in the current
Comment:
ordinance. Secretary was used a few times in one of the oldest chapters, Chapter 18.80 Subdivisions,
and it has been updated to Staff Advisor in the unified code.
Secretary. The Secretary to the Planning Commission who is the Director of the City Planning Department.
Self-Service Storage (Land Use). Mini-storage or other storage areas for individual or business uses. The
storage areas are designed to allow private access by the tenant for storing personal property.
The definition of setback has proven difficult for many people to understand, and therefore
Comment:
has been updated.
Setback. The horizontal perpendicular distance from a lot line to the closest part of a building or structure that
is subject to a setback or yard requirement. The minimum distance required between a specified object,
City of Ashland 5-25 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
such as a building or structure, and another point. Typically, a setback refers to the minimum distance (yard
dimension) from a building to a specified property line. A setback is measured horizontally at right angles to
the lot line, from the lot line to the nearest point of the building. Architectural projections may intrude into
required setbacks as set forth in section 18-2.4.100. When multi-story setbacks are specified, the setback
for a story above the ground floor is measured horizontally from the lot line to the plane of the nearest wall
of the upper story.
Shadow Plan. A schematic or conceptual design for future land development when a lot could be developed at
a higher intensity. A shadow plan demonstrates that the proposed development will not impede the future
use of the lot to be fully developed to the required building intensity standards (i.e. Floor Area Ratio), and
that the proposed development has been planned to prevent piecemeal and uncoordinated development.
Shared Driveway. A driveway used to access two or more lots or parcels.
Shared Parking. Required parking facilities for two or more uses that may or may not be on the same parcel,
which are satisfied jointly with the same facilities. See chapter 18-4.3.
Significant Tree. A "tree" having a trunk eighteen (18) caliper inches or larger in diameter at breast height
(DBH).
Signs Ï Definitions Related to Signs
Alter or Alteration. Any change excluding content, and including but not limited to the size, shape,
method of illumination, position, location, materials, construction, or supporting structure of a sign.
Area. The entire area within circles, triangles or rectangles which enclose the extreme limits of lettering,
logo, trademark, or other graphic representation, together with any frame or structural trim forming an
integral part of the display used to differentiate the sign from the background against which it is placed. In
the case of a multi-faced sign, the area of each face shall be included in determining sign area, excepting
double-faced signs placed no more than twenty-four (24) inches back-to-back.
Awning. A temporary or movable shelter supported entirely from the exterior wall of a building and
composed of non-rigid materials except for the supporting framework.
Building Face of Wall. All window and wall area of a building in one plane or elevation.
Bulletin Board or Reader Board. A sign of a permanent nature, but which accommodates changeable
copy.
Business. A commercial or industrial enterprise.
Business Frontage. A lineal front footage of a building or portion thereof devoted to a specific business or
enterprise, and having a pedestrian entrance/exit open to the general public during all business hours.
Business Premises. A parcel of property or that portion thereof occupied by one tenant.
Canopy. A non-movable roof-like structure attached to a building.
Construction sign. A temporary sign erected on the premises where construction is taking place during
the period of construction.
Direct Illumination. A source of illumination on the surface of a sign or from within a sign.
Election. The time designated by law for voter to cast ballots for candidates and measures.
City of Ashland 5-26 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Flashing Sign. A sign incorporating intermittent electrical impulses to a source of illumination or revolving
or moving in a manner which creates the illusion of flashing, or which changes color or intensity of
illumination. This definition is to include electronic time, date and temperature signs.
Ground Sign. A sign erected on a free-standing frame, mast or pole and not attached to any building. Also
known as a "free-standing sign".
Indirect Illumination. A source of illumination directed toward a sign so that the beam of light falls upon
the exterior surface of the sign.
Illegal Sign. A sign that is erected in violation of the Ashland Sign Code (18-4.7).
Marquee Sign. A sign that is painted on, attached to, or supported by a marquee, awning or canopy.
Marquee. A non-movable roof-like structure that is self-draining.
Non-conforming Sign. An existing sign, lawful at the time of enactment of this Ordinance, which does not
conform to the requirements of this Code.
Projecting Signs. Signs other than wall signs, which are attached to and project from a structure or
building face, usually perpendicular to the building face.
Portable Sign. A permitted sign not permanently attached to the ground or other permanent structure
including sandwich boards, pedestal signs, ÓAÔ Frame signs, flags, and wind signs (not including flags of
national, state or city governments).
Public Art. Public Art defined, approved, and installed in accordance with section 2.17 of the Ashland
Municipal Code shall not be regulated as a sign per the provisions of this Chapter.
Real Estate Sign. A sign erected on the premises, where the property, or a portion of the property, is
actively listed for sale or lease, during the period of sale or lease.
Replacement Sign. A change in the materials of permitted sign in which the approved sign dimensions,
supporting structure, and location remain unaltered.
Roof Sign. Any sign erected upon, against, or directly above a roof or top of or above the parapet of a
building.
Shopping Center or Business Complex. Any business or group of businesses which are in a building or
group of buildings, on one or more lots which are contiguous or which are separated by a public right-of-
way or a privately owned flag drive used for access and not greater than thirty-five (35) feet in width, which
are constructed and/or managed as a single entity, and share ownership and/or function.
Sign. Any identification, description, illustration, symbol or device which is placed or affixed directly or
indirectly upon a building, structure, or land, Interior illuminated panels, fascia strips, bands, columns, or
other interior illuminated decorative features located on or off a structure, visible from the public right-of-
way, and with or without lettering or graphics shall also be considered a sign and included in the overall sign
area of the site. Public Art shall not be considered a sign.
Sign, Public. A sign erected by a public officer or employee in the performance of a public duty which shall
include, but not be limited to, motorist informational signs and warning lights.
Street Frontage. The lineal dimension in feet that the property upon which a structure is built abuts a
City of Ashland 5-27 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
public street or streets.
Temporary Sign. A sign that is not permanently affixed. All devices such as banners, pennants, flags, (not
including flags of national, state or city governments), searchlights, curb signs, balloons or other air or gas-
filled balloons.
Three-Dimensional Sign. A sign which has a depth or relief on its surface greater than six inches
exclusive of the supporting sign structure and not to include projecting wall signs.
Vehicle Sign. A sign mounted on a vehicle, bicycle, trailer or boat, or fixed or attached to a device for the
purpose of transporting from site-to-site.
Wall Graphics. Including but not limited to any mosaic, mural or painting or graphic art technique or
combination or grouping of mosaics, murals, or paintings or graphic art techniques applied, implanted or
placed directly onto a wall or fence.
Wall Sign. A sign attached to or erected against the wall or window of a building with the face in a parallel
plane of the building wall.
Wind Sign or Device. Any sign or device in the nature of banners, flags, balloons, or other objects
fastened in such a manner as to move upon being subject to pressures by wind or breeze.
Site. For land divisions, property line adjustments, and lot consolidations, the site is the lots, lots of record,
parcels, or tracts proposed to be divided or reconfigured. For all other purposes, the site is an ownership
except as follows:
- If a proposed development includes multiple ownerships, then the site is the combined area of all
contiguous ownerships.
- If a proposed development includes only a portion of an ownership, and the balance of the ownership is
vacant, then the applicant may choose to define the site as the portion of the ownership that is
proposed for development.
- If a proposed development includes only a portion of an ownership, and there is other development on
the ownership, then the applicant may choose to define the site as the portion of the ownership that is
currently developed plus the portion proposed for development.
The current code contains two definitions of Slope, in Chapter18.62 Physical and
Comment:
Environmental Constraints and Chapter18.70 Solar Access. They are similar but the solar access
definition is more specific, limiting its application.
Slope. The deviation of a surface from the horizontal, usually expressed in percent.
Slope, Solar Access. For the purpose of calculating solar setback, a vertical change in elevation divided by the
horizontal distance of the vertical change. Slope is measured along lines extending one hundred fifty (150)
feet north from the end points of a line drawn parallel to the northern lot line through the midpoint of the
north-south lot dimension. North facing slopes will have negative (-) values and south facing slopes will have
positive (+) values.
Solar Energy System. Any device or combination of devices or elements which rely upon direct sunlight as an
energy source, including but not limited to any substance or device which collects sunlight for use in the
heating or cooling of a structure or building, the heating or pumping of water, or the generation of
City of Ashland 5-28 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
electricity. A solar energy system may be used for purposes in addition to the collection of solar energy.
These uses include, but are not limited to, serving as a structural member of part of the roof of a building or
structure and serving as a window or wall.
Solar Envelope. A three dimensional surface which covers a lot and shows, at any point, the maximum height
of a permitted structure which protects the solar access of the parcel(s) to the north.
Solar Heating Hours. The hours and dates during which solar access is protected by a solar access permit,
not to exceed those hours and dates when the sun is lower than twenty-four (24) degrees altitude and
greater than seventy (70) degrees east and west of true south.
Solar Access Permit Height Limitations. The height limitations on affected properties required by the
provisions of a Solar Access Permit displayed as a series of five (5) foot contour lines which begin at the
bottom edge of the solar energy system protected by the permit, rise at an angle to the south not less than
twenty-four (24) degrees from the horizon, and extend at an angle not greater than seventy (70) degrees to
the east and west of true south and run parallel to the solar energy system.
Solar Setback. The minimum distance that a structure, or any part thereof, can be located from a property
boundary.
The following definition is from Chapter18.64 Southern Oregon University .
Comment:
Southern Oregon University (SOU) Plan. The Campus Master Plan Update for Southern Oregon
University dated 12 April 2010, with all conditions added by the City Planning Commission and City Council
as adopted and incorporated into the Ashland Comprehensive Plan by Ordinance No. 3014 on June 1, 2010.
Staff Advisor. The Secretary Community Development Director, or an his or her authorized representative.
The existing ordinance currently contains two definitions of “Story” In Chapter 18.08
Comment:
Definitions. Text from the two definitions is combined under the second definition..
Story. That portion of a building included between the upper surface of any floor and the upper surface of the
floor next above, except that the top story shall be that portion of a building included between the upper
surface of the top floor and the ceiling above. A basement shall not be considered a story. If the wall face of
the upper most floor at the rear or side yard setback line is more than three (3) feet above the floor level
below, the upper floor shall be considered a story for purposes of setbacks. Unenclosed decks, porches,
balconies and similar features are not considered stories.
Story. That portion of a building included between the upper surface of any floor and the upper surface of the
floor next above, except that the top story shall be that portion of a building included between the upper
surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is
more than six (6) feet above grade, the basement or cellar shall be considered a story.A basement shall not
be considered a story. Unenclosed decks, porches, balconies and similar features are not considered stories.
Story, Half. A half story is a space under a sloping roof that has the line of intersection of the roof and
exterior wall face not more than three (3) feet above the floor level below and in which space the floor area
with head room of five (5) feet or more occupies no more than fifty percent (50%) of the total floor area of
the story directly beneath.
City of Ashland 5-29 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Sloping Roof Half Story. If Floor Area “A” is
no more than 50% of Floor Area “B” – then
“A” is a half story. If the wall face is more than
three (3) feet above the floor level below at
the rear or side yard setback line, then it shall
be considered a full story for purposes of
setback measurements.
Stream. A stream means a channel such as a creek that carries flowing surface water, including perennial,
intermittent and ephemeral streams with defined channels, and excluding man-made irrigation and drainage
channels. Drainage channels do not include historically altered streams or channels that convey surface
water flows. A stream is a type of Water Resource.
Stream, Ephemeral. An ephemeral stream generally flows only during and following a rain event.
Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for
stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone.
Stream, Intermittent. An intermittent stream generally flows only during part of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing
water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent and Ephemeral
Streams is a type of Stream Bank Protection Zone.
Stream, Perennial. A perennial stream has flowing water year-round during a typical year. Groundwater is
the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Stream, Local. A type of Stream Bank Protection Zone.
Stream Bank Protection Zone. An area subject to the provisions of this chapter which includes a stream
and an associated riparian buffer of varying width, as established herein, located adjacent to the stream, and
in which certain human activities are regulated in order to protect the structure and functions of the stream.
A Stream Bank Protection Zone is a type of Water Resource Protection Zone. There are three types of
Stream Bank Protection Zones defined, established and protected in this chapter Ï Riparian Corridor, Local
Streams and Intermittent and Ephemeral Streams.
Stream Bank Protection Zone Boundary. An imaginary line that is measured horizontally at a standard
distance upland from the top of bank or from the center line of the stream as required in Section 18.63.050.
City of Ashland 5-30 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Stream Corridor Functions. Includes providing shade for the stream, stream bank and channel stability,
woody debris for the stream, sediment retention, litter for aquatic organisms in the stream, water filtration,
aquatic and riparian fish and wildlife habitat.
Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms "road,"
"highway," "land," "place," "avenue," "alley" or other similar designations. The entire width between the right-
of-way lines of every way that provides for public use for the purpose of vehicular and pedestrian traffic.
Street, Arterial. A street used primarily for through traffic.
Street, Collector. A street used to some extent for through traffic and to some extent for access to abutting
properties.
Street, Cul-de-sac. A short dead-end street terminated by a vehicle turnaround.
Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining
portion of the street could be provided in another subdivision.
The definition of marginal access street is deleted because it is not used in the ordinance.
Comment:
Street, Marginal Access. A minor street parallel and adjacent to a major arterial street providing access to
abutting properties but protected from through traffic.
Street, Minor. A street intended primarily for access to abutting properties.
Street Connectivity. Expressed as the number of street and/or access way connections within a specific
geographic area. Higher levels of connectivity provide for more direct transportation routes and better
dispersion of traffic, resulting in less traffic on individual streets and potentially slower speeds through
neighborhoods.
Street-Facing/Oriented to Street. A wall plane of a structure that faces or is oriented within 45 degrees or
less from a street lot line.
Street Stub. A temporary street ending where the street will be extended through adjacent property in the
future, as those properties develop. Not a permanent street-end or dead-end street.
Stripping. Any activity that significantly disturbs vegetated or otherwise stabilized soil surface, including clearing
and grubbing operations.
All buildings are structures, but not all structures are buildings. Last part of definition is a
Comment:
standard, and will be moved to Part 18-2 Zoning Regulations.
Structure or Building. That which is built or constructed; an edifice or building of any kind or any piece of
work artificially built up or composed of parts joined together in some definite manner and which requires
location on, in, or above the ground or which is attached to something having a location on, in or above the
ground. Structures thirty (30) inches in height or less, including entry stairs, uncovered porches, patios and
similar structures, are exempt from the side and rear yard setback requirements and from half (1/2) the yard
requirements for the front yard and side yard abutting a public street.
Structural Alteration. A change to the supporting members of a structure including foundations, bearing
walls or partitions, columns, beams or girders, or the roof. See also, ÑAlteration.Ò
The statute refers to a calendar year, not 12 months.
Comment:
City of Ashland 5-31 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Subdivision, Subdivide Land. Division of land creating four or more lots within a calendar year. See also,
chapter 18-5.3, Land Divisions and ORS 92.010. To divide an area or tract of land into four (4) or more lots
within twelve (12) months.
Sunchart, Solar Access. Photographs or drawings, taken in accordance with the guidelines of the Staff
Advisor, which plot the position of the sun during solar heating hours. The sunchart shall contain at a
minimum the southern skyline as seen through a grid which plots solar altitude for a forty-two (42) degree
northern latitude in ten (10) degree increments and solar azimuth measured from true south in fifteen (15)
degree increments. If the solar energy system is less than twenty (20) feet wide, a minimum of one (1)
sunchart shall be taken from the bottom edge of the center of the solar energy system. If the solar energy
system is greater than twenty (20) feet wide, a minimum of two (2) suncharts shall be taken, one (1) from
the bottom edge of each end of the solar energy system.
T
The word reoccurring is inserted to address temporary uses that are seasonal but occur over
Comment:
some time period (e.g. farmers market is an annual event). Approval body replaces Commission
because the short-term events of 72 hours or less were made a ministerial approval.
Temporary Use. A short-term, seasonal, reoccurring,or intermittent use. Such use shall be approved by
Conditional Use Permit only, with such conditions as the City approval body Commission deems reasonable
in accordance with the Conditional Use standards.
Top of Bank. The elevation at which water overflows the natural banks of streams or other waters of the state
and begins to inundate upland areas. Physical characteristics that indicate the elevation include a clear,
natural line impressed on the shore, a change from bare soil to upland vegetation (e.g. oak, fir, pine), a
change in vegetation from riparian vegetation (e.g. willows, big leaf maple, alders) to upland vegetation (e.g.
oak, fir, pine), a textural change of depositional sediment or changes in the character of the soil (e.g. from
sand, sand and cobble, cobble and gravel to upland soils), absence of fine debris (e.g. needles, leaves, cones
and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree
trunks. In the absence of physical evidence or where the top of each bank is not clearly defined, the two
year recurrence interval flood elevation may be used to approximate the top of bank.
City of Ashland 5-32 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Top of Bank
Topping. The severe cutting back of a tree's limbs to stubs 3 inches or larger in diameter within the tree's
crown to such a degree so as to remove the natural canopy and disfigure the tree. Topping does not include
the practice of "pollarding" when conducted in accordance with the standards established by the
International Society of Arboriculture.
Tract, or Area of Land. A unit, or contiguous units, of land under single ownership.
Travel Trailer. A vacation structure or self-propelled vehicle equipped with wheels for street or highway use;
intended for human occupancy; equipped with plumbing, sink or toilets; used for vacation and recreational
purposes; and not used as a residence. See ORS 446.003(5), (24); and see Recreational Vehicle.
TravelerÔs Accommodations (Land Use). Any establishment in a residential zone having rooms or
dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental
or use of such facilities for a period of less than thirty (30) days.
Tree. Any woody plant having a trunk six caliper inches or larger in diameter at breast height (DBH). If a tree
splits into multiple trunks above ground, but below 4.5 feet, the trunk is measured at its most narrow point
beneath the split, and is considered one tree if greater than six inches DBH. Plants commonly planted as
shrubs, including but not limited to English laurel, photinia, arborvitae, poison oak, English holly, and English
ivy shall not be considered a "tree". Trees specifically planted and maintained as a hedge shall also not be
considered a "tree.Ò
Tree Account. An account established by resolution of the Council for the receipt of funds to be utilized for
future tree purposes, as outlined in the resolution.
Tree Protection Zone. The area reserved around a tree or group of trees in which no grading, access,
stockpiling or other construction activity shall occur as determined by the Staff Advisor based on review of
the tree and site conditions.
The code contains two different definitions of Tree Removal. The first one below is from
Comment:
chapter 18.61 Tree Protection. The second is from 18.62 Physical and Environmental Constraints. The
ordinance would be clearer if the standards for tree removal were removed from the definitions.
City of Ashland 5-33 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Tree Removal. To cut down a tree, or remove 50% or more of the crown, trunk, or root system of a tree; or
to damage a tree so as to cause the tree to decline and/or die. "Removal" includes topping. "Removal"
includes but is not limited to damage inflicted upon a root system by application of toxic substances,
operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved
excavation or filling, or unapproved alteration of natural physical conditions. "Removal" does not include
normal trimming or pruning of trees.
Tree Removal. The following activities are defined as tree removal:
1. The removal of three or more living trees of over six (6) inches diameter at breast height (d.b.h.), or the
removal of five percent (5%) of the total number of living (or dead trees) over six (6) inches d.b.h.,
whichever is greater, on any lot within five (5) year period, or any form of commercial logging;
2. The removal of one or more living conifers greater than two (2) feet d.b.h., or living broadleaf trees
greater than one (1) foot d.b.h.
Tree Removal Permit. Written authorization from the City for a tree removal to proceed as described in an
application, such authorization having been given in accordance with chapter 18-4.11.
Turnaround. A vehicle maneuvering area at the end of a dead-end street or driveway (e.g., hammerhead, cul-
de-sac, or other configuration) that allows for vehicles to turn around.
U
Unbuildable Area. All areas outside of building envelopes and within open space.
Upland. Land not characterized by the presence of riparian area, water bodies or wetlands.
Urban Growth Boundary (UGB). The City incorporates by reference the definition given the term in ORS
195.060, as amended.
Use (Land Use). The purpose for which land or a structure is designed, arranged, intended, occupied, or
maintained.
V
Vehicle Repair (Land Use). Repair of passenger vehicles, trucks or other motor vehicles such as
motorcycles, boats and recreational vehicles.
Vehicle Servicing (Land Use). Gas stations, unattended card key stations, car washes, commercial vehicle
maintenance and/or, oil and lubrication services, and similar uses.
Comment: Recommend relocating clear vision requirement/standard to chapter 18-2.4.090.
Vision Clearance Area. Areas near intersections of roadways and motor vehicle access points where a clear
field of vision is required for traffic safety and to maintain adequate sight distance. See Chapter 18-2.4.090. A
triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of
which are lot lines measured from the corner intersection of the lot lines for a distance specified in these
regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other
two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a
straight line to a point of intersection.
City of Ashland 5-34 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
W
Waive or Waiver. For the purposes of implementing Measure 49, an action or decision authorizing the
claimant to use the property without application of the land use regulation(s) to the extent necessary to
offset the reduction in fair market value of the property.
Walkway. A sidewalk or path, including any access way, improved to City standards, or to other roadway
authority standards, as applicable. See also, Access Way.
Water Budget. The amount of water a landscape needs taking into account the inputs and outputs of water to
and from the root zone. Inputs, such as precipitation, are subtracted from outputs, such as
evapotranspiration, to calculate the water needs of the landscape.
Water Resource. A riparian, local, intermittent or ephemeral stream corridor or a wetland, as distinguished
from a riparian or wetland buffer, which extends upland from the Water Resource.
Water Resources Map. The adopted City of Ashland map which identifies the approximate locations of
Water Resources in Ashland including officially recognized streams and wetlands identified on AshlandÔ s
Local Wetland Inventory.
Water Resource Protection Zone. An area subject to the provisions of this chapter which includes a Water
Resource and an associated buffer of varying width, as established herein, located adjacent to the Water
Resource and in which certain human activities are regulated in order to protect the structure, functions
and values of the resource. Water Resource Protection Zone is a category including Stream Bank
Protection Zones and Wetland Protection Zones, and is used throughout this chapter to refer to Stream
Bank Protection Zones and Wetland Protection Zones.
Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency or duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands are a type of Water Resource.
Wetlands, Locally Significant. Those wetlands identified on the Water Resources Map and determined
Ñsignificant wetlandsÒ using the criteria adopted the Oregon Department of State Lands (DSL). Locally
Significant Wetlands is a type of Wetland Protection Zone.
Wetlands, Possible. An area that appears to meet wetland criteria but is too small (less than a half acre
according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the Local Wetland
Inventory. The Water Resources Map notes areas that are in the Possible Wetland designation. However,
there may be additional existing areas that meet the DSL wetland criteria, but are not included on the
Water Resources Map. Possible Wetlands is a type of Wetland Protection Zone.
Wetland Boundary. A line marked on a map or flagged in the field that identifies the approximate
wetland/non-wetland boundary.
Wetland Buffer. An area extending away from the outer delineated wetland boundary or upland edge that is
preserved for the purpose of protecting the functions and values of the wetland by serving to reduce the
adverse effects of adjacent land uses.
Wetland Delineation. A determination of wetland presence that includes marking the wetland boundaries on
the ground and/or on a detailed map prepared by professional land survey or similar accurate methods.
City of Ashland 5-35 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Wetland Functions. Include wildlife habitat, fish habitat, water quality and hydrological control.
Wetland Protection Zone. An area subject to the provisions of this chapter that includes all wetlands
determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional wetland presence,
and an associated buffer area of varying width, as established herein, located adjacent to the wetland, and in
which certain human activities are regulated in order to protect the structure and functions of the wetland.
A Wetland Protection Zone is a type of Water Resource Protection Zone. There are two types of Wetland
Protection Zones defined, established and protected in this chapter Ï Locally Significant Wetlands and
Possible Wetlands.
Wetland Protection Zone Boundary. An imaginary line that is measured horizontally at a standard distance
upland from the delineated wetland boundary as required in Section 18-3.10.
Wetland Specialist. An individual who has the appropriate credentials verifying proven expertise and
vocational experience conducting wetland delineations.
Wildfire. Fire caused by combustion of native vegetation, commonly referred to as forest fire or brush fire, and
not a prescribed burn.
Wireless Communication Facilities. The site, structures, equipment and appurtenances used to transmit,
receive, distribute, provide or offer wireless telecommunications services. This includes, but is not limited to
antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching
equipment
Wireless Communications Systems. The sending and receiving of radio frequency transmissions and the
connection or relaying of these signals to land lines and other sending and receiving stations, and including,
but not limited to cellular radiotelephone, personal communications services (PCS), enhanced/specialized
mobile radio, and commercial paging services, and any other technology which provides similar services.
Wireless Communications Support Structure. A structure used to support wireless communications
antennas and connecting appurtenances. The purpose of such structures is to elevate an antenna above the
surrounding terrain or structures and may be attached to an existing building or other permanent structures
or as a free-standing structure which may include, but are not limited to monopole support structures and
lattice support structures, and may have supporting guyed wires and ground anchors.
1. Monopole - A support structure which consists of a single pole sunk into the ground or attached to a
foundation.
2. Lattice Tower - A support structure which consists of a network of cross braces that forms a tower.
These types of structures are primarily used for taller towers and require a larger base than that of a
monopole.
3. Alternative Structure - Man-made structures that, by design, camouflage or conceal the presence of
wireless communication facilities, such as clock towers, bell towers, church steeples, water towers, light
poles and similar alternative-design mounting structures.
X
\[reserved\]
City of Ashland 5-36 Draft Definitions - July 2013
Land Use Ordinance
18-6.1 Ï Definitions
Y
Yard. An open space on a lot which is unobstructed by a structure. May also be an area defined by required
setbacks (i.e., between the setback line and nearest property line).
Yard, Front. A yard between side lot lines and measured horizontally at right angles to the front lot line from
the front lot line to the nearest point of the building.
Yard, Side. An open space between the front and rear yards measured horizontally and at right angles from
the side lot line to the nearest point of the building.
Yard, Rear. A yard between side lot lines and measured horizontally at right angles to the rear yard line from
the rear yard line to the nearest point of the building.
Z
Zoning Permit. An acknowledgement made to the Building Official by the Staff Advisor that the application for
a building permit meets the requirements of the Land Use Ordinance. Where applicable a zoning permit
may also set forth any special conditions to be met by the applicant prior to issuance of a Certificate of
Occupancy or any other planning and zoning related conditions to be enforced by the Building Official.
City of Ashland 5-37 Draft Definitions - July 2013
Land Use Ordinance
Memo
DATE: July 23, 2013
TO: Planning Commission
RE: Planning Commission Attendance Report
Pursuant to AMC 2.10.025, below is the Planning Commission’s attendance record for January through
June 2013. This report is for information only; No action by the Planning Commission is needed.
Meeting Date Meeting Type Absences
January 8, 2013 Regular Meeting 0
January 22, 2013 Study Session 1 - Commissioner Brown
February 12, 2013 Regular Meeting 0
February 26, 2013 Study Session 0
March 12, 2013 Regular Meeting 0
March 26, 2013 Study Session 0
April 9, 2013 Regular Meeting 0
April 23, 2013 Study Session 0
May 14, 2013 Regular Meeting 0
May 28, 2013 Study Session 0
June 11, 2013 Regular Meeting 0
June 25, 2013 Study Session 1 – Commissioner Mindlin
AMC 2.10.025
All members are expected to attend all regularly scheduled meetings, study sessions and special meetings, when
applicable. If a member will be absent from a meeting the member must notify the chair or the staff liaison at
least two hours prior to the meeting. Any member who has two or more unexcused absences in a six month period
\[i.e. January 1– June 30 or July 1 - December 31\] shall be considered inactive and the position vacant. Further
any member not attending a minimum of two-thirds (2/3) of all scheduled meetings (inclusive of study sessions
and special meetings) shall be considered inactive and the position vacant. Attendance shall be reviewed by the
commission or board during the regularly scheduled meetings in January and July, with a report sent to the
Mayor and City Council advising of the need for appointment or re-appointment, if necessary.
Department of Community Development Tel: 541-488-5305
20 East Main St. Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us