HomeMy WebLinkAbout2013-10-22 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
OCTOOBER 22, 20013
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 – Final Drraft Review
V. ADJOURNMENT
Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please
coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the
mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104
ADDA Title 1).
Memo
DATE: October22, 2013
TO:AshlandPlanning Coommission
FROM:Maria Haarris, Planninng Manager
RE:
Unified LLand Use Orrdinance (ULLUO)
Pre-adopption processs review – Paarts 1 and 3
SSUMMARYY
TThe revised ddraft of the UULUO is schheduled for PPlanning Coommission reeview in Octtober and Noovember.
TThe purpose is to provide the Commmission an oppportunity too review and discuss the edits made ssince the
CCommissionn’s review off the first draaft prior to beeginning thee formal adopption processs.
BBACKGROOUND
AAttached aree Parts 1 and 3 of the ULLUO, and a mmatrix covering the substantive channges. The
CCommissionn has received a previouss version of tthe matrix. NNew or revissed amendmeents are highhlighted
in yellow in the matrix.
TThe changes to the curreent ordinancee are detailedd in the attacched draft UULUO. The eedits that werre
ppresented in the first drafft continue to be highlighted in grayy, and the neww and latest edits that were
aadded after thhe Commisssion’s revieww of the firstt draft are higghlighted in yellow. Commment boxes are
rretained throoughout the ddocument, annd include nnotations aboout changes.
AA set of neww graphics wiill be added to the ULUOO, and included for the CCommissionn review at ann
uupcoming meeting. Therre are numerrous existingg graphics in the current code. All graphics will bbe
inserted into the final draaft for the addoption process.
AATTACHMMENTS
11. Amendmment Matrix
22. Title 18 –– Part 1 – Inntroductionaand General Provisions
33. Title 18 -- Part 3 – Sppecial Districcts and Overrlay Zones
Matrix
10/17/131
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18-1.1 – Introduction
TITLE 18 – PART 1 – INTRODUCTION AND GENERAL PROVISIONS 2
Chapter 18-1.1 — Introduction 3
Chapter 18-1.2 — Title, Purpose, and General Administration 4
18-1.2.010Title4
18-1.2.020Purpose 4
18-1.2.030Enactment and Effect 4
18-1.2.040Compliance Required 5
18-1.2.050Rules of Ordinance Construction 5
18-1.2.060Land Use Ordinance Consistency with Comprehensive Plan and Laws 6
18-1.2.070 Land Use Ordinance and Zoning Map Implementation 6
18-1.2.080Building Permits 7
18-1.2.090Official Action 7
Chapter 18-1.3 — Lot of Record and Legal Lot Determination 9
18-1.3.010Purpose and Intent 9
18-1.3.020Criteria9
18-1.3.030Legal Lot Determination Procedure 10
Chapter 18-1.4 — Nonconforming Situations 11
18-1.4.010Purpose and Applicability 11
18-1.4.020Nonconforming Uses 12
18-1.4.030Nonconforming Structures 14
18-1.4.040Nonconforming Developments 15
18-1.4.050Nonconforming Lots 16
Chapter 18-1.5 — Ordinance Interpretations 17
18-1.5.010Purpose 17
18-1.5.020Interpretations Authorized 17
18-1.5.030Interpretation Criteria 17
18-1.5.040Similar Uses 18
18-1.5.050Ordinance Interpretation Procedure 18
18-1.5.060Referral to Planning Commission and City Council 19
Chapter 18-1.6 — Zoning Permit Expiration, Extension and Enforcement 20
18-1.6.010 Zoning Permits 20
18-1.6.020 Duties of Officer 20
18-1.6.030 Permit Expiration 22
18-1.6.040 Permit Extension 21
18-1.6.050 Conditions of Approval 21
18-1.6.060 Revocation – Conditions Violated 21
18-1.6.070 Revocation – Public Hearing 22
18-1.6.080 Violations 22
18-1.6.090 Complaints 23
18-1.6.100 Penalties 23
City of Ashland 1-1 Module 1 - Draft #3 - October 2013
Land Use Ordinance
TITLE 18 – PART 1 – INTRODUCTION AND GENERAL
PROVISIONS
18-1.1 Introduction
18-1.2 Title, Purpose, and General Administration
18-1.3 Lot of Record and Legal Lot Determination
18-1.4 Non-Conforming Situations
18-1.5 Ordinance Interpretations
18-1.6 Zoning Permit Expiration, Extension and Enforcement
City of Ashland 1-2 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.1 – Introduction
Chapter 18-1.1 — Introduction
The Staff Advisor or his or her designee administers the City of Ashland Land Use Ordinance (“this
ordinance”). This ordinance regulates land use and development within the City of Ashland and is
organized as follows:
Part 18-1.
Part 18-1 describes the title, purpose, authority, organization and general administration of
this ordinance. Part 18-1 also explains how city officials interpret and enforce code requirements.
Part 18-2.
Part 18-2 contains Ashland’s zoning regulations. The City of Ashland Zoning Map, consistent
with the City of Ashland Comprehensive Plan, designates zoning districts, or zones. The zoning
regulations specify allowed land uses, and lot and development standards that are specific to particular
land uses or zones. Before commencing a new use or development, changing an existing use or
development, or applying for a building permit, the property owner should verify the City’s zoning
requirements.
Part 18-3.
Part 18-3 contains Ashland’s special zoning districts and overlay zones. The City of Ashland
Zoning Map designates special districts for distinct geographic areas based on a special area plan such
as the North Mountain Neighborhood (NM) and Croman Mill (CM) districts. The zoning regulations for
the special districts specify allowed land uses, and lot and development standards that are specific to
particular land uses or zones. The overlay zones include special regulations and standards that
supplement the base zoning district and zoning regulations.
Part 18-4
.Part 18-4 contains the City’s development design standards, formerly referred to as the site
design and use standards and street design standards. It includes requirements for building design;
street access; pedestrian and vehicle circulation; bicycle and automobile parking; landscaping,
screening, fences and walls; outdoor lighting; adequate transportation, water, sanitary sewer, and storm
drainage facilities; and utility requirements. Part 18-4 applies to all development, including land
divisions and projects for which no land use application or review is required.
Part 18-5
.Part 18-5 contains the City’s application requirements and review procedures for land use
and development decisions, including but not limited to procedures for land divisions, property line
adjustments, conditional use permits, site design review, master planned developments, and variances.
Part 18-6.
Part 18-6 contains definitions and other exhibits that the City uses in interpreting and
administering this ordinance. For example, where Part 18-2 contains a general list of land uses allowed
in each zone, Part 18-6 provides examples of uses that are consistent with each general category.
City of Ashland 1-3 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.2 – Title, Purpose, and Authority | Compliance and Scope
Chapter 18-1.2 — Title, Purpose, and General Administration
Sections:
Section 18-1.2.010 Title
Section 18-1.2.020 Purpose
Section 18-1.2.030 Enactment and Effect
Section 18-1.2.040 Compliance Required
Section 18-1.2.050 Rules of Ordinance Construction
Section 18-1.2.060 Land Use Ordinance Consistency with Comprehensive Plan and Laws
Section 18-1.2.070 Land Use Ordinance and Zoning Map Implementation
Section 18-1.2.080 Building Permits
Section 18-1.2.090 Official Action
Comment:
Section 18-1.2 carries forward Chapter 18.04 General Provisions. The current ordinance contains the
first three sections – Title, Purpose, and Enactment and Effect. The following six sections are new, and provide
the foundation for how the ordinance relates to the Comprehensive Plan, the Zoning Map and building permits.
18-1.2.010 Title
This ordinance shall be known as the “Land Use Ordinance” of the City.
18-1.2.020 Purpose
The purpose of this ordinance is to encourage the most appropriate and efficient use of land; to
accommodate orderly growth; to provide adequate open space for light and air; to conserve and
stabilize the value of property; to protect and improve the aesthetic and visual qualities of the living
environment; to aid in securing safety from fire and other dangers; to facilitate adequate provisions for
maintaining sanitary conditions; to provide for adequate access to and through property; and in general
to promote the public health, safety and the general welfare, all of which is in accordance with and in
implementation of the Comprehensive Plan of the City of Ashland. Race, color, religion, sexual
orientation, gender identity, national origin or disability shall not be an adverse consideration in making
any decision under the Land Use Ordinance.
Comment:
Section 18-1.2.030 replaces 18.04.030, which excludes land uses and development that are either
permitted outright in commercial zones or have: final site review approval, preliminary partition or subdivision
approval, PUD final approval, sign permit approval, or variance approval.
18-1.2.030 Enactment and Effect
This ordinance applies to all land uses and development in the City.
City of Ashland 1-4 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.2 – Title, Purpose, and Authority
18-1.2.040 Compliance Required
Comment:
Section 18-1.2.040 is new. The section is added to explain that uses, lots and structures are required
to comply with the ordinance, and who is responsible for complying with the ordinance.
A. Compliance with Land Use Ordinance.
No structure or lot shall hereinafter be used, developed,
or occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended,
enlarged or otherwise altered except as permitted by this ordinance. A lawful use of land (“use”) is
one that is permitted in accordance with this ordinance, or is allowed as a legal non-conforming
use, pursuant with Chapter 18-1.4, provided State or Federal law does not prohibit the use.
Amendments to the Zoning Map, Comprehensive Plan Map and other official maps, amendments to
the Land Use Ordinance, and annexations shall conform to applicable provisions of this ordinance.
B. Obligation by Successor.
The requirements of this ordinance apply to the owner(s) of record,
persons undertaking the development or the use of land, and to those persons’ successors in
interest.
18-1.2.050 Rules of Ordinance Construction
Comment:
Section 18-1.2.050 is new. The section is added to clarify how the ordinance works: that the
ordinance includes the minimum requirements, when there are conflicting sections the higher standard applies,
how tenses are used, the difference between requirements and guidelines, the role of illustrations, and the
concept of severability.
A. Provisions of this Ordinance Declared to be Minimum Requirements.
The provisions of this
ordinance, in their interpretation and application, are minimum requirements, adopted for the
protection of the public health, safety, and general welfare.
Comment:
Subsection B is currently covered in 18.112.070 Interpretation as well as throughout individual
chapters.
B. Highest Standard or Requirement Applies.
Where a requirement of this ordinance varies from
another provision of this ordinance or with other applicable regulations, the highest standard or
regulation shall govern.
C. Tenses.
Words used in the present tense include the future; the singular form includes the plural;
and the plural includes the singular.
D. Requirements versus Guidelines.
Use of the word “shall,” “must,” “required,” “prohibited” or
similar directive term means the ordinance provision is a requirement. Use of the word “should,”
“encouraged,” “recommended,” “may,” or similar term, means the provision is a guideline.
Guidelines are intended to assist City decision-making bodies where certain land use actions
require the exercise of discretion.
City of Ashland 1-5 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.2 – Title, Purpose, and Authority
E. Interpreting Illustrations.
This ordinance contains illustrations and photographs, ordinance
“graphics,” which are intended to serve as examples of development design that either meet or do
not meet particular ordinance standards. Except where a graphic contains a specific numerical
standard or uses the word “shall,” “must,” “required” or “prohibited,” strict adherence to the graphic
is not required.
F. Severability.
The provisions of this ordinance are severable; where any section, sentence, clause
or phrase is judged to be invalid by a court of competent jurisdiction, that decision shall not affect
the validity of the remaining portion of the ordinance.
18-1.2.060 Land Use Ordinance Consistency with Comprehensive Plan and Laws
Comment:
Section 18-1.2.060 is new. The section is added to clarify the relationship between the Land Use
Ordinance, Comprehensive Plan, and the requirements of other jurisdictions.
A. City of AshlandComprehensive Plan.
This ordinance implements the City of Ashland
Comprehensive Plan. Provisions of this ordinance shall be interpreted consistent with the
Comprehensive Plan, including any Comprehensive Plan elements or public facility master plans
adopted pursuant to the Comprehensive Plan.
B. Compliance with Other Laws Required.
In addition to the requirements of this ordinance, all uses
and development must comply with all other applicable City, State of Oregon, and Federal rules and
regulations.
C. References to Other Regulations.
All references to other City, State, and Federal rules and
regulations are for informational purposes only and do not constitute a complete list of such
requirements. The references do not imply any responsibility by the City for enforcement of State or
Federal regulations. Where a proposal, permit, or approval is subject to both City of Ashland
requirements and State or Federal requirements, the property owner is responsible for contacting
the applicable agencies and complying with their rules and regulations.
18-1.2.070 Land Use Ordinance and Zoning Map Implementation
Comment:
Section 18-1.2.070 is new. The section is added to explain the relationship between the zoning and
land use control maps and ordinance, to clarify the establishment of zoning boundaries, and references to the
sections that deal with boundary questions or changes.
A. Zoning of Areas to be Annexed.
Concurrent with annexation of land, the City Council, upon
considering the recommendation of the Planning Commission,shall enact an ordinance applying
applicable zoning designation(s) to the subject land, pursuant with Chapter 18-5.8. The
Comprehensive Plan shall guide the designation of zoning for annexed areas.
City of Ashland 1-6 Module 1 - Draft #3 - October 2013
Land Use Ordinance
1.2 – Title, Purpose, and Authority
B. Land Use Ordinance and Zoning Map.
The City’s official Zoning Map (“Zoning Map”), which may
be published, amended, and filed separately from this ordinance, is part of this ordinance. The
zoning districts depicted on the Zoning Map correspond to the zoning districts in this ordinance. In
addition, this ordinance may contain zoning regulations for special areas, (i.e., overlay zones), and
for certain uses or structures that do not appear on the Zoning Map.
C. Interpreting the Zoning Map.
Except as otherwise specified by this ordinance, the City’s zoning
boundaries are as designated on the Zoning Map, which is kept on file at City Hall. The City may
adopt and publish supplemental zoning and land use control maps where it is impractical to
illustrate all regulated features on one map; examples of regulated features include but are not
limited to historical landmarks, floodplain corridor boundaries, local wetland inventories, and specific
area plans. In addition, the City may require field verification and mapping (e.g., survey) of a
regulated feature as part of a development application, where the feature is thought to exist on or
adjacent to the subject property but its exact location is unknown.
D. Boundary Lines.
Zoning district boundaries are determined pursuant to Section 18-2.1.030.
E. Changes to Official Zoning Map.
Proposed changes to the Zoning Map are subject to review and
approval under Chapter 18-5.6 Amendments.
18-1.2.080 Building Permits
Comment:
Section 18-1.2.080 is new. This section is added to clarify the relationship between the land use
ordinance and building codes, and the review of building permits for land use ordinance compliance.
A. Land Use Approvals and Building Permits
. The City of Ashland Building Official, pursuant with
Ashland Municipal Code Title 15, administers the City’s building codes and issues building permits.
The Staff Advisor administers the Land Use Ordinance, processes land use approvals, and
coordinates with the Building Official on development and building projects to ensure compliance
with the Land Use Ordinance.
B. Zoning Compliance Required for Building Permits.
A building permit shall not be issued until the
Staff Advisor has confirmed that all applicable Land Use Ordinance requirements are met, or
appropriate conditions of approval are in place to ensure compliance.
18-1.2.090 Official Action
Comment:
Section 18-1.2.090 is new. This section is added to explain who has the authority to approve land use
actions, the ability of the Staff Advisor to review questions or applications to the Planning Commission and clarify
the general parameters for noticing requirements.
A. Official Action.
The City of Ashland Staff Advisor, Planning Commission, and City Councilare “City
Officials” vested with authority to issue permits and grant approvals in conformance with this
City of Ashland 1-7 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.2 – Title, Purpose, and Authority | Compliance and Scope
ordinance, pursuant to Part 18-5 Application Review Procedures and Approval Criteria. City officials
shall issue no permit and grant no approval for any development or use that violates or fails to
comply with conditions or standards imposed to carry out this ordinance.
B. Void Future Actions.
Any permit or approval issued or granted in conflict with the provisions of this
ordinance shall be void, unless the City modifies it in conformance with this ordinance. The Staff
Advisor shall determine when an approval is void and, as applicable, he or she shall refer it back to
the decision body for modification to ensure compliance.
C. Referral to Planning Commission.
In addition to those actions that require Planning Commission
approval, the Staff Advisor may refer any question or permit request to the Planning Commission,
who then shall take action on the request pursuant to the applicable provisions of this ordinance.
See also, Chapter 18-1.5 Ordinance Interpretations and Part 18-5 Application Review Procedures
and Approval Criteria.
D. Notices, Filing, and Validity of Actions.
The failure of any person to receive mailed notice or
failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this
ordinance, provided a good faith effort was made to notify all parties entitled to such notice report,
or form. See Chapter 18-5.1 General Review Procedures.
City of Ashland 1-8 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.3 – Legal Lot Determination and Validation of Lot
Chapter 18-1.3 — Lot of Record and Legal Lot Determination
Sections:
18-1.3.010 Purpose and Intent
18-1.3.020 Criteria
18-1.3.030 Legal Lot Determination Procedure
Comment:
This is a new chapter, though the issues are partially addressed in 18.68.130 Lot Size Requirements
General Exception. The new chapter is intended to address state law requirements for lots that were legally
created in Jackson County, or before the City’s partition and subdivision regulations (“lots of record”). Local
jurisdictions may adopt local procedures for lot of record determinations, provided they are not in conflict with
ORS 92.010 to 92.190.
18-1.3.010 Purpose and Intent
Comment:
The following provision is intended to comply with US Constitution and case law related to regulatory
takings. Owners of legal lots are entitled to reasonable economic use of their property.
The purpose of Chapter 18-1.3 is to establish criteria and a process for determining when a lot of
record exists for the purpose of allowing a use or development on a non-conforming lot (e.g.,
substandard lot that does not meet lot area, setback, or coverage regulations). The owner of lot of
record shall not be denied reasonable development on a lot of record; where the underlying zone
allows residential use, one single-family dwelling per lot of record is deemed reasonable use, provided
applicable building codes are met. The city may also accept a legal lot determination as sufficient
evidence of a hardship for in approving a variance under Chapter 18-5.7
18-1.3.020 Criteria
Comment:
The Legislature amended the land division statute in 2009. The amendment was intended to provide
for regulatory relief where the legality of a lot not created through a land division is in question. The cutoff date of
January 1, 2007 is contained in the statute.
A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010
to 92.190:
A.
The plot of land was lawfully created through a subdivision or partition plat in Jackson County prior to
annexation to the City of Ashland;
B.
The plot of land was created through a deed or land sales contract recorded with Jackson County prior
to August 18, 1964 before the City adopted planning, zoning, subdivision or partition regulations
(Ordinance 1361); or
City of Ashland 1-9 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.3 – Legal Lot Determination and Validation of Lot
C.
The plot of land was created through a deed or land sales contract recorded with Jackson County prior
to January 1, 2007 and the subject plot of land would have complied with the applicable planning,
zoning, subdivision or partition regulations in effect at the time it was created.
18-1.3.030 Legal Lot Determination Procedure
Comment:
The lot of record procedure is regulated by state statute. Local jurisdictions may adopt local
procedures for lot of record determinations, provided they are not in conflict with ORS 92.010 to 92.190.
The Staff Advisor through a Ministerial procedure, shall process requests to validate a lot of record. It
shall be the property owner’s responsibility to demonstrate that his or her plot of land meets the lot of
record criteria in Section 18-1.3.020.
City of Ashland 1-10 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.4 – Non-Conforming Situations
Chapter 18-1.4 — Nonconforming Situations
Sections:
18-1.4.010 Purpose and Applicability
18-1.4.020 Nonconforming Uses
18-1.4.030 Nonconforming Structures
18-1.4.040 Nonconforming Developments
18-1.4.050 Nonconforming Lots
Comment:
Chapter 18-1.4 carries forward and updates 18.68.090 Nonconforming Uses and Structures and
18.68.130 Lot Size Requirements – General Exception. The Purpose and Applicability and Nonconforming
Developments sections are new. The chapter has been reorganized since the previous draft according to the four
types of nonconforming situations – uses, structures, developments and lots.
18-1.4.010 Purpose and Applicability
Chapter 18-1.4 contains standards and procedures for the continuation of uses, structures,
developments and lots that are lawfully established but do not comply with current ordinance standards
(“nonconforming” situations). The chapter is intended to protect public health, safety, and general
welfare, while allowing reasonable use of private property. Nonconforming situations are not
necessarily looked at as a negative influence on a neighborhood; rather the benefits of continuing a
nonconformity should be weighed against the detriment to the neighborhood. The chapter contains
four sections as follows:
A. Nonconforming uses
(e.g. commercial use in a residential zone) are subject to Section 18-
1.4.020;
B. Nonconforming structures
(e.g. structure does not meet setback standards) are subject to
Section 18-1.4.030;
C. Non-conforming developments
(e.g. site does not meet landscaping standards) are subject to
Section 18-1.4.030;
D. Nonconforming lots
(e.g. lot smaller than minimum area standard) are subject to Section 18-
1.4.040.
City of Ashland 1-11 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.4 – Non-Conforming Situations
18-1.4.020 Nonconforming Uses
Where a use of land exists that would not be permitted under the current ordinance, but was lawful at
the time it was established, the use may continue, provided it conforms to the following requirements:
A.Change in Nonconforming Use.
A nonconforming use may be changed to another nonconforming
use of the same or a more restricted nature. A change in a nonconforming use requires approval of
a Conditional Use Permit under Chapter 18-5.4.
Comment:
The current code does not address the expansion of a building that houses a nonconforming use.
Section B is added to address this situation. Examples: 1) a single-family residence located in a commercial zone
could expand the home up to 50% of the square footage through the conditional use permit process; 2) an
existing business located in a residential zone could expand the building up to 50% of the square footage through
the conditional use permit process.
B.Expansion of Nonconforming Use.
Expansion of a nonconforming use shall not exceed fifty (50)
percent of the building square footage. Expansion of a nonconforming use requires approval of a
Conditional Use Permit under Chapter 18-5.4.
Comment:
The Planning Commission raised the issue of whether the time period should be lengthened for a
nonconforming use to be deemed abandoned. The state model code suggests 12 to 18 months.
C. Discontinuation or Abandonment of Nonconforming Use.
Except as provided by subsection 18-
1.4.020.D, a nonconforming use that is discontinued for any reason other than fire or catastrophe
beyond the owner’s control for a period of more than six (6) twelve (12 months shall be deemed
abandoned and shall no longer be an allowed use pursuant to subsections 1-2 below.
1. After the City has deemed a nonconforming use abandoned, the use shall not be allowed to
resume, in whole or in part, under the same or different ownership/management; any such
activity is a violation of this ordinance.
2. For purposes of calculating six twelve-month period, discontinuance does not include a period
of active reconstruction following a fire or other catastrophe beyond the owner’s control, and the
Planning Commission through a Type II procedure may extend the discontinuance period in the
event of special unforeseen circumstances. A use is discontinued upon the first occurrence of
any one of the following:
a. The date when the use of land is physically vacated;
b. The date the use ceases to be actively involved in the sale of merchandise or the provision
of services; for example, as evidenced by the removal of signs, goods/stock, or office
equipment, or the disconnection of telephone or utility service;
c. The date of termination of any lease or contract under which the nonconforming use has
occupied the land;
City of Ashland 1-12 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.4 – Non-Conforming Situations
d. The date a request for final reading of water and power meters is made to the applicable
utility districts; or
e. The date of an event similar to those listed in subsections 1-5, above, as determined by the
Staff Advisor.
D. Reestablishment of Nonconforming Status for Discontinued Use.
Notwithstanding the
provisions of subsection 18-1.4.020.C, a nonconforming use that is discontinued shall not be
considered abandoned where the approval authority approves a Conditional Use Permit pursuant to
Chapter 18-5.4. The applicant shall demonstrate the reestablished use is equivalent to or more
restricted than the abandoned use. In evaluating whether or not to permit the reestablishment of a
nonconforming use, the approval authority, in addition to applying the criteria required for
Conditional Use Permit, shall apply the criteria in subsections 1-6, below:
1. Any improvements for the reestablishment of a nonconforming use on the site are limited to fifty
(50%) percent of the value of the structure, except where such improvements bring the subject
site, development or use into closer conformity with this ordinance. Valuation shall be
determined as follows:
a. An independent real estate appraiser licensed in the State of Oregon shall determine the
value of the structure.
b. The value of the improvement shall be determined based upon copies of the contractor’s bid
for said improvements, which shall be required with the Conditional Use permit application.
c. Personal property necessary for the operation of the business or site improvements not
included in the structure shall not be counted as improvements under this criterion.
2. The traffic generated by the proposed use is not greater than the greatest traffic that would be
generated by a permitted use. In assessing the traffic generated by the proposed use, the
approval authority shall consider the average peak-hour number of vehicle trips per day, the
hours of operation, and the types of traffic generated; i.e., truck or passenger vehicle. The
approval authority may condition approval of the Conditional Use Permit limiting the land use so
that traffic impacts are not greater than for uses permitted in the same zone.
3. The noise generated by the proposed use will comply with the Ashland Noise Ordinance,
Chapter 9.08.170, and will not exceed the average ambient noise level already existing in the
area, as measured pursuant to this code section.
4. There shall be no lighting of the property that would have direct illumination on adjacent uses.
5. In a residential zone, the reestablishment will further implement Goal VI, Policy 2, Housing
Chapter of the Ashland Comprehensive Plan.
6. Nothing herein shall apply to nonconforming signs, which are governed by the provisions of
Section 18-4.7 of this ordinance.
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Land Use Ordinance
18-1.4 – Non-Conforming Situations
18-1.4.030 Nonconforming Structures
Section 18-1.4.030 regulates nonconforming structures, except for nonconforming structures in water
resource protection zones, subject to Section 18-3.10.050.A.3. Nonconforming structures exist on the
effective date of adoption or amendment of this ordinance, but could not be built under the terms of the
ordinance today; for example, the structure(s) does not comply with current requirements for height and
setbacks. If the structure or development was lawful when constructed, it may remain on site so long as
.
it remains otherwise lawful and complies with the following regulations
A. Exempt Alterations A nonconforming structure may be altered as follows, subject to approval of
.
required building permits. A planning application approval is not required for exempt alterations.
1. Additions and alterations are allowed if the improvement, evaluated separately from the existing
structure, conforms to this ordinance.
Comment:
The following provisions in a-c below are intended to establish clear and enforceable criteria for
allowing nonconforming structures to be restored, rehabilitated and repaired. This is currently covered in section
18.68.090.A 3 and 4.
2. Restoration, rehabilitation, repair and maintenance of a nonconforming structure (e.g. roof
repair, upgrading electrical systems, and similar work) are allowed where the criteria in
subsections a-c, below, are met:
a. The structure is not changed in size or shape (i.e. three-dimensional building envelope
must not change including but not limited to building footprint, mass, volume, roof shape
and height).
b. Not more than 40% of any exterior building wall and not more than 50% of the building
floor area is permanently removed; where a larger alteration is proposed, approval of a
Conditional Use Permit is required.
c. Where temporary or permanent removal of a building wall or floor area is proposed, the
owner shall submit with a building permit application a construction management plan
that documents existing building conditions, proposed methods of construction, and
proposed building plans.
Comment:
The provision below allows the reconstruction of nonconforming garages and sheds with a building
permit rather than a Conditional Use Permit, and was added based on the review and discussion of the previous
draft. The current ordinance allows “rehabilitation and restoration” with a building permit which involve a fairly
involved repair of a historic structure. This change will allow “reconstruction” which is the partial or complete
replacement of the building.
3. Reconstruction of garages and sheds if the use is not changed and the structure is not
changed in size or shape (i.e. three-dimensional building envelope does not change
including but not limited to building footprint, mass, volume, roof shape and height).
Comment:
The terminology below is replaced for consistency with the current definitions. Reconstruction is the
replacement in form, shape and location as originally built. In contrast, restoration is more involved as it is the
“process of accurately depicting the form, features and character of a property as it appeared at particular period
of time…” Restoration is typically used to refer to contributing properties in the historic districts.
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Land Use Ordinance
18-1.4 – Non-Conforming Situations
4. Destruction. A legal nonconforming structure that is damaged by means beyond the owner’s
control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50% or more
of its replacement cost, may be restored or replaced reconstructed within the original three-
dimensional building envelope (i.e., relative to coverage, height, setbacks, and other
dimensions of the developed area) provided the nonconformity shall not increase. Any
residential structure in a zone where residential uses are allowed that is damaged beyond
50% of its replacement cost by such catastrophe may be reconstructed at the original
density, provided a Building Permit application for the reconstruction is submittedwithin two
(2) years of the catastrophe.
B. Planning Approval Required
. A nonconforming structure may be altered (i.e., reconstructed,
enlarged, or modified) subject to approval of a Conditional Use Permit under Chapter 18-5.4. and
approval of required building permits, except that a planning action is not required for projects
described above in Section 18-1.4.030.A. A nonconforming structure may be rebuilt pursuant to this
subsection, provided in a historic district the applicant must demonstrate that restoration is not
practicable.
Comment:
The current ordinance does not clearly address developments with nonconforming site improvements
such as parking location, amount of landscaping and driveway locations. The following section is added to
address these types of situations.
18-1.4.040 Nonconforming Developments
AExempt Alterations
.. Repair and maintenance of a nonconforming development (e.g. paved area,
parking area, landscaping)are allowed subject to approval of required building permits if the
development is not enlarged or altered in a way that brings the nonconforming site less in
conformity with this ordinance. A planning application approval is not required for exempt
alterations. See also Section 18-3.10.060 related to nonconforming uses in Water Resource
Protection zones.
B. Planning Approval Required
. A nonconforming development may be enlarged or altered subject
to approval of a Conditional Use Permit under Chapter 18-5.4 and approval of required building
permits.
C. Roadway Access
. The owner of a nonconforming driveway approach or access to a public street
or highway, upon receiving land use or development approval, may be required as a condition of
approval to bring the nonconforming access into conformance with the standards of the approval
authority.
D. Destruction
. A legal nonconforming development that is damaged by means beyond the owner’s
control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50% or more of its
replacement cost, may be restored or reconstructed within the original three-dimensional building
envelope (i.e., relative to coverage, height, setbacks, and other dimensions of the developed area)
provided the non-conformity shall not increase.
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Land Use Ordinance
18-1.4 – Non-Conforming Situations
Comment:
The section below is carried forward from 18.68.130 Lot Size Requirements – General Exception.
Language is added allowing nonconforming lots to have the property lines adjusted.
18-1.4.050 Nonconforming Lots
If a lot or the aggregate of contiguous lots or land parcels held in single ownership, and recorded in the
office of the County Clerk at the time of passage of the ordinance codified herein, a legal lot or lot of
record, as provided by Chapter 18-1.3, with an area or dimensions that do not meet the standards of
the zoning district in which the property is located, may be occupied by a use permitted in the zone
subject to other requirements of the ordinance. Lot line adjustments to nonconforming lots are allowed
if the lot line adjustment brings the nonconforming lot closer in conformity with this ordinance. See
also, Chapter 18-1.3 Legal Lot Determination.
City of Ashland 1-16 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.5 – Ordinance Interpretations
Chapter 18-1.5 — Ordinance Interpretations
Sections:
18-1.5.010 Purpose
18-1.5.020 Interpretations Authorized
18-1.5.030 Interpretation Criteria
18-1.5.040 Similar Uses
18-1.5.050 Ordinance Interpretation Procedure
18-1.5.060 Referral to Planning Commission and City Council
Comment:
This chapter updates and clarifies 18.12.050 Similar Uses and 18.108.160 Ordinance Interpretations,
and provides procedures for responding to requests for written code interpretations. The new procedures are
intended to clarify current procedure.
18-1.5.010 Purpose
Some terms or phrases within this ordinance may have two or more reasonable meanings. This section
provides a process for resolving differences in the interpretation of the ordinance text.
18-1.5.020 Interpretations Authorized
Where the intent of this ordinance, the status of a use, or the meaning of a word or phrase is unclear,
the Staff Advisor may interpret the ordinance in writing through a Ministerial or Type I procedure, as
applicable, pursuant to Section 18-5.1.040 or 18-5.1.050. Alternatively, the Staff Advisory may refer the
question to the Planning Commission for its written interpretation through a Type II procedure, pursuant
to Section 18-5.1.060. Neither the Staff Advisor's interpretation nor the Commission's interpretation
shall have the effect of amending this ordinance.
18-1.5.030 Interpretation Criteria
Comment:
The criteria below are reworded for clarity, but are the same content as currently included in section
18.108.160.A.
Any interpretation made through the foregoing procedures shall be based on the following criteria:
A.
The interpretation is consistent with applicability policies of the Comprehensive Plan;
B.
The interpretation is consistent with the purpose and intent of the ordinance provision that applies to
the particular ordinance section, or sections, in question; and
C.
The interpretation is consistent with the opinion of the City Attorney.
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18-1.5 – Ordinance Interpretations
18-1.5.040 Similar Uses
Comment:
Section 18-1.5.040 updates and clarifies sections 18.12.050 Similar Uses. Currently, the ordinance
requires the Planning Commission to analyze and determine if a use is similar to those listed in the zone, and
therefore can occur in a zone. In the following revised section, the Staff Advisor may find a uses is similar to
another use, and make a determination that a use is allowed or prohibited in a zone. If discretion is required for
the Staff Advisor to make the determination, a Type I procedure is required unless the Staff Advisor refers the
interpretation to the Planning Commission for its review.
Where a proposed use is not specifically identified by this ordinance, or the ordinance is unclear as to
whether the use is allowed in a particular zone, the Staff Advisor may find the use is similar to another
use that is permitted, allowed conditionally, or prohibited in the subject zone and apply the ordinance
accordingly. However, uses and activities that this ordinance specifically prohibits in the subject zone,
and uses and activities that the Staff Advisor finds are similar to those that are prohibited, are not
allowed. Similar use rulings that require discretion on the part of City officials shall be processed
following the Type I procedure, pursuant to Section 18-5.1.050, except where the Staff Advisor refers a
request for a similar use determination to the Planning Commission for its review and decision through
a Type II procedure, pursuant to Section 18-5.1.060.
18-1.5.050 Ordinance Interpretation Procedure
Comment:
Sections 18-1.5.050 and 060 are new, and added to clarify the procedure and application required for
an ordinance interpretation.
Requests for a code interpretation, including but not limited to similar use determinations, shall be
made in writing to the Staff Advisor and shall be processed as follows:
A.
The Staff Advisor within thirty (30) days of the inquiry shall respond in writing to person making the
inquiry indicating whether additional information or a formal application is required.
B.
Where an application for a formal interpretation is required, the Staff Advisor shall determine
whether the request will be processed through a Ministerial or Type I process. Where the
interpretation does not involve the exercise of discretion, the application shall be processed using
the Ministerial procedure in Section 18-5.1.040; and where an interpretation requires discretion, the
application shall be processed using the Type I procedure in Section 18-5.1.050. When a code
interpretation using the Type I procedure is called up for review, the Commission, following the
Type II procedure in Section 18-5.1.060, shall have the authority to modify the interpretation based
on the criteria in subsection 18-1.5.030.A.
C.
At a minimum, an application for code interpretation shall include a letter citing the nature and
reasons for the request, and, as required, a City fee. The Staff Advisor then shall review relevant
background information, including but not limited to other relevant ordinance sections and previous
City land use decisions.
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Land Use Ordinance
18-1.5 – Ordinance Interpretations
18-1.5.060 Referral to Planning Commission and City Council
Where a code interpretation may have significant citywide policy implications, the Staff Advisor may
bypass the procedure in subsection 18-1.5.010.C and refer the request directly to the Planning
Commission and City Council for its legislative review in a public hearing following the Legislative
procedure in Chapter 18-5.1.060.
City of Ashland 1-19 Module 1 - Draft #3 - October 2013
Land Use Ordinance
18-1.6 – Zoning Permits and Enforcement
Chapter 18-1.6 — Zoning Permit Expiration, Extension and Enforcement
Sections:
18-1.6.010 Zoning Permits
18-1.6.020 Duties of Officer
18-1.6.030 Permit Expiration
18-1.6.040 Permit Extension
18-1.6.050 Conditions of Approval
18-1.6.060 Revocation – Condition Violated
18-1.6.070 Revocation – Public Hearing
18-1.6.080 Violations
18-1.6.090 Complaints
18-1.6.100 Penalties
Comment:
This chapter is carried forward from Chapter 18.112 Enforcement, edited, and reordered for a more
logical flow. Two sections that were redundant with other chapters, 18.112.020 Maintenance of Minimum
Requirements and 18.112.070 Interpretation, were removed. The content of the first section, 18-1.6.010, is
unchanged from the current 18.112.010 Zoning Permits.
18-1.6.010 Zoning Permits
Zoning permits or approval shall be required for all buildings and structures, hereinafter erected,
constructed, altered, repaired, or moved within or into any district established by this ordinance, and for
the use of vacant land or for a change in the character of the use of land or buildings, within any district
established by this ordinance. Such permit may be a part of the building permit.
18-1.6.020 Duties of Officer
Comment:
The following is a revision to 18.112.060 Duties of Officer. The intent is to clearly identify one city
official, the Staff Advisor, with land use ordinance enforcement responsibility. Currently, the ordinance says it is
the Staff Advisor or Building Officials responsibility to enforce the land use ordinance.
All departments, officials, and employees of the City vested with the duty or authority to issue permits
shall issue no permit, certificate, or license for uses, buildings or purpose in conflict with the provisions
of this ordinance; the Staff Advisor in consultation with the Building Official and City Engineer is
responsible for enforcing the provisions of this ordinance.
18-1.6.030 Permit Expiration
Comment:
The content of the section 18-1.6.030 is from the current 18.112.030 Revocation – permit expiration.
Per the procedures evaluation and planning commission feedback, the life of a planning approval has been
extended from one year to 18 months.
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Land Use Ordinance
18-1.6 – Zoning Permits and Enforcement
Any zoning permit, or planning action granted in accordance with the terms of this ordinance shall be
deemed revoked if not used within one year eighteen (18) months from date of approval, unless
another time period is specified in another section of this ordinance. Said permit shall not be deemed
used until the permittee has obtained a building permit and commenced construction in compliance with
permits and approvals for the project, or has commenced the permitted use of the premises in
compliance with this ordinance. If an application for extension is deemed complete for processing prior
to the timetable expiration date, the permit or action shall not expire by operation of this section unless
the application is abandoned or not approved or denied within 90 days.
18-1.6.040 Permit Extension
Comment:
The following is a revision to 18.112.035 Timetable Extension. The requirements in A-C are identical
to the current ordinance, except that per the procedures evaluation and planning commission feedback, the
extension time has been extended from18 months to 2 years. The current section 18.112.035.B on extensions for
projects that were during the recession was removed because the window for recession extensions ended
January 2012.
The Staff Advisor shall grant a timetable extension of any zoning permit or planning action approval
under demonstrated compliance with the following conditions:
A.
One time extension no longer than eighteen (18) months two (2) years is allowed.
B.
The Staff Advisor shall find that a change of conditions for which the applicant was not responsible
prevented the applicant from completing the development within the original time limitation.
C.
Land Use Ordinance requirements applicable to the development have not changed since the
original approval. An extension may be granted, however, if requirements have changed and there
is no material effect upon the original approval, and the applicant agrees to comply with any new
requirements, as a condition of the extension.
18-1.6.050 Conditions of Approval
Comment:
The content of the section 18-1.6.050 is unchanged from the current 18.112.085 Conditions of
Approval.
The Staff Advisor, the Planning Commission, the Hearings Board, or the City Council, when acting as
the hearing authority, may impose conditions of approval on any planning action to modify that planning
action to comply with the criteria of approval or to comply with other applicable City ordinances. Such
conditions shall be binding on the approved planning action, and a violation of a condition imposed by
the hearing authority shall be a violation of this ordinance, and subject to all the penalties thereof.
18-1.6.060 Revocation – Conditions Violated
Comment:
The content of the section 18-1.6.060 is unchanged from the current 18.112.040 Revocation –
conditions violated.
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Land Use Ordinance
18-1.6 – Zoning Permits and Enforcement
Any zoning permit, or planning action granted in accordance with the terms of this ordinance may be
revoked if any of the conditions or terms of such permit or variance are violated or if any law or
ordinance is violated in connection therewith.
18-1.6.070 Revocation – Public Hearing
Comment:
The content of the section 18-1.6.070 is from the current 18.112.050 Public Hearing. The existing
language refers the revocation process chapter to the Conditional Use Permit (CUP) chapter. However, this is an
incorrect reference as the current CUP chapter doesn’t include procedural information. As a result, the highlighted
references below point to the process for a Type II public hearing which staff believes was the original intention.
A. The Planning Commission shall hold a hearing on any proposed revocation after giving written
notice to the permittee and owners within two hundred (200) feet of subject property as provided in
Chapter 18-5.1.060.
B. The Planning Commission shall render its decision within thirty (30) days after the conclusion of the
hearing.
C. In case the permittee is not satisfied with the decision, he/she may within fifteen (15) days appeal in
writing to the City Council.
D. The City Council shall set a date for public hearing and shall give notice thereof in the manner
provided in Chapter 18-5.1.060. A report shall be submitted to the City Council setting forth the
reasons for the action taken by the Planning Commission. Notice of the appeal to City Council shall
also be given to the Planning Commission. Notice shall also be given to the Planning Commission
of such appeal, and a report shall be submitted setting forth the reasons for the action taken by the
Planning Commission, or it shall be represented at the hearing.
E. The City Council shall render its decision within sixty (60) days after the filing of such appeal.
18-1.6.080 Violations
Comment:
The content of the section 18-1.6.080 is from the current 18.112.080 Violations – nuisance. The
section is edited for clarity per the Planning Commission feedback.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or
maintained contrary to the provisions of this ordinance, and any use of land, building, or premise
established, conducted, operated, or maintained contrary to the provisions of this ordinance, shall be
and the same is hereby declared to be unlawful and a public nuisance. and theThe Staff Advisor or City
Attorney of the City may, or upon order of the City Council shall, immediately commence action or
proceedings for the abatement and removal and enjoinment thereof in the manner provided by law.,
and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as
will abate and remove such buildings or prevent any person from setting up, erecting, building,
maintaining, or using any such building or structure or using property contrary to the provisions of this
ordinance. The remedies provided for herein shall be cumulative and not exclusive.
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Land Use Ordinance
18-1.6 – Zoning Permits and Enforcement
18-1.6.090 Complaints
Comment:
The content of the section 18-1.6.090 is unchanged from the current 18.112.100 Complaints.
Complaints concerning violations to this ordinance can be initiated only as provided in Ashland
Municipal Code Chapter 1.08.
18-1.6.100 Penalties
Comment:
The content of the section 18-1.6.100 is unchanged from the current 18.112.090 Penalties.
Any person, firm or corporation, whether as principal, agent employee, or otherwise, violating or
causing the violation of any of the provisions of this ordinance has committed a Class A violation
offense, and upon conviction thereof is punishable as prescribed in Ashland Municipal Code Section
1.08.020, subject to the limitations of the Ashland City Charter. Such person, firm, or corporation is
guilty of a separate violation for each and every day during any portion of which any violation of this
ordinance is committed or continued by such person, firm or corporation.
City of Ashland 1-23 Module 1 - Draft #3 - October 2013
Land Use Ordinance
TITLE 18 – PART 3 – SPECIAL DISTRICTS AND OVERLAY ZONES 4
Chapter 18-3.1 – Special District and Overlay Zone Purpose and Administration 5
18-3.1.010Purpose 5
18-3.1.020Zoning Map and Classification of Special Districts and Overlays 5
18-3.1.030Applicability of Special District and Overlay Regulations 5
Chapter 18-3.2 – Croman Mill District 6
18-3.2.010Purpose 6
18-3.2.020Applicability6
18-3.2.030General Requirements 6
18-3.2.040Use Regulations 9
18-3.2.050Dimensional Regulations 13
18-3.2.060Site Development and Design Standards 15
18-3.2.070Open Space Zone 28
Chapter 18-3.3 – Health Care Services District 29
18-3.3.010Purpose 29
18-3.7.020Applicability29
18-3.3.030Permitted Uses 29
18-3.3.040Conditional Uses 30
18-3.3.050General Regulations 30
18-3.3.060Other Regulations 30
Chapter 18-3.4 – North Mountain Neighborhood District 32
18-3.4.010Purpose 32
18-3.4.020Applicability32
18-3.4.030General Regulations. 32
18-3.4.040Neighborhood Central Zone NM-C 34
18-3.4.050Neighborhood Core Zone NM-MF 35
18-3.4.060Neighborhood General Zone NM-R-1-5 36
18-3.4.060Neighborhood Edge Zone NM-R-1-7.5 37
18-3.4.070Civic Spaces Zone NM-Civic 39
18-3.4.080Open Spaces Zone NM-O 39
18-3.4.090North Mountain Greenway Zone NM-G 39
18-3.4.100Site Plan and Architectural Review Procedure 41
18-3.4.110Site Development and Design Standards 41
Chapter 18-3.5 – Southern Oregon University District 47
18-3.5.010Purpose 47
18-3.5.020Applicability47
18-3.5.030Permitted Uses 48
18-3.5.040Conditional Uses 48
Chapter 18-3.6 – Airport Overlay 49
18-3.6.010Purpose 49
18-3.6.020Applicability49
18-3.6.030Airport Overlay Regulations 49
Chapter 18-3.7 – Freeway Sign Overlay 50
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Land Use Ordinance
Purpose 50
18-3.7.010
18-3.7.020Applicability50
18-3.7.030Freeway Sign Overlay Regulations 50
Chapter 18-3.8 – Performance Standards Option Overlay 51
18-3.8.010Purpose 51
18-3.8.020Applicability51
18-3.8.030 PSO Overlay 52
18-3.8.040Review Procedures and Criteria 52
18-3.8.050Performance Standards for Residential Developments 57
18-3.8.060Parking Standards 59
18-3.8.070Setbacks and Lot Coverage 59
18-3.8.080Performance Standards Guidelines 60
Chapter 18-3.9 – Physical and Environmental Constraints Overlay 61
18-3.9.010 Purpose and Intent 61
18-3.9.020 Applicability 61
18-3.9.030 Application Submission Requirements 62
18-3.9.040 Approval Criteria 64
18-3.9.050Land Classifications 64
18-3.9.060 Official Maps 65
18-3.9.070 Development Standards for Flood Plain Corridor Lands 65
18-3.9.080 Development Standards for Hillside Lands 68
18-3.9.090 Development Standards for Wildfire Lands 76
18-3.9.090 Development Standards for Severe Constraint Lands 79
18-3.9.100 Density Transfer 80
18-3.9.110 Penalties 80
Chapter 18-3.10 – Water Resources Protection Zones (Overlays) 82
18-3.10.010Purpose 82
18-3.10.020Applicability83
18-3.10.030Inventory of Ashland’s Water Resources 84
18-3.10.040Establishment of Water Resource Protection Zones 84
18-3.10.050Activities and Uses Exempt from These Regulations 86
18-3.10.060Limited Activities and Uses 91
18-3.10.070Water Resource Protection Zone Reduction 95
18-3.10.080Hardship Variances for Development in Water Resources Protection Zones 95
18-3.10.090Approval Standards for Land Divisions and Property Line Adjustments 96
18-3.10.100Application Submission Requirements 97
18-3.10.110Mitigation Requirements for Water Resource Protection Zones 99
18-3.10.120Map Errors and Adjustments 103
18-3.10.130Enforcement and Penalties 103
Chapter 18-3.11 – Site Development and Design Overlays 104
18-3.11.010Purpose 104
18-3.11.020Applicability104
18-3.11.030Detail Site Review Overlay 104
18-3.11.040Downtown Design Standards Overlay 104
18-3.11.050Historic District Overlay 105
18-3.11.060Pedestrian Place Overlay 105
Chapter 18-3.12 – Residential Overlay 108
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Land Use Ordinance
Residential Overlay Regulations 108
18-3.12.010
Chapter 18-3.13 – Normal Avenue Neighborhood Plan Overlay (Placeholder)
City of Ashland 3-3 Draft 3 - October 2013
Land Use Ordinance
TITLE 18 – PART 2 – SPECIAL DISTRICTS AND OVERLAY ZONES
Chapters:
18-3.1 Special District and Overlay Zone Purpose and Administration
18-3.2 Croman Mill District (CM)
18-3.3 Health Care Services District (HC)
18-3.4 North Mountain Neighborhood District (NM)
18-3.5 Southern Oregon University District (SOU)
18-3.6 Airport Overlay (A)
18-3.7 Freeway Sign Overlay (FS)
18-3.8 Performance Standards Options Overlay (PSO)
18-3.9 Physical and Environmental Constraints Overlay (PEC)
18-3.10 Water Resource Overlay (W)
18-3.11 Site Development and Design Overlays (SDD)
18-3.12 Residential Overlay (R)
Comments:
Article 18-3 reorganizes and reformats Ashland’s special zoning districts and overlays without
changing the regulations.
City of Ashland 3-4 Draft 3 – October 2013
Land Use Ordinance
18-3.1 – Special District and Overlay Zone Purpose and Administration
Chapter 18-3.1 Special District and Overlay Zone Purpose and Administration
Sections:
18-3.1.010 Purpose
18-3.1.020 Zoning Map and Classification of Special Districts and Overlays
18-3.1.030 Applicability of Special District and Overlay Regulations
Comment:
Chapter 18.12 Districts and Zoning Map is carried forward specifically as it relates to the special
districts and overlay zones.
18-3.1.010 Purpose
Comment:
This section establishes the connection between the special districts and overlay zones, and the
Ashland Comprehensive Plan.
Chapter 18-2.1 establishes zoning districts pursuant to the City of Ashland Comprehensive Plan. Every
parcel, lot, and tract of land within the City of Ashland is designated with a zoning district. The use of
land is limited to the uses allowed by the applicable zoning district. The special districts are based on
neighborhood planning processes for specific geographic areas. Overlay zones address special
situations or site characteristics that apply across zones and supplement the base zoning regulations.
18-3.1.020 Zoning Map and Classification of Special Districts and Overlays
Comment:
This section carries forward 18.12.020 Classification of Districts.
For the purpose of this ordinance, the City is divided into zones designated and depicted on the City of
Ashland Zoning Map, pursuant to the City of Ashland Comprehensive Plan Map, and summarized in
Table 18-2.1.020.
18-3.1.030 Applicability of Special District and Overlay Regulations
Part 18-3 applies to properties with base zone, special district, and overlay zone designations
summarized in Table 18-2.1.04
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18-3.2 – Croman Mill District
Chapter 18-3.2 Croman Mill District
Sections:
18-3.2.010 Purpose
18-3.2.020 Applicability
18-3.2.030 General Requirements
18-3.2.040 Use Regulations
18-3.2.050 Dimensional Regulations
18-3.2.060 Site Development and Design Standards
18-3.2.070 Open Space Zone
Comment:
The following carries forward and edits the existing provisions of 18.53 and CM Site Design and Use
Standards, with no substantive changes. Definitions are relocated to 18-6. The word “overlay” replaces “zone”
throughout the chapter to provide clarity and consistency in terminology throughout the ULUO. The term overlay
was previously used to designate the five zones within the Croman Mill district (e.g. Neighborhood Commercial
overlay, Mixed Use overlay). In the ULUO, the zone designations are changed to Neighborhood Commercial
zone, Mixed Use zone, etc.
18-3.2.010 Purpose
The purpose of this section is to implement the Croman Mill Site Redevelopment Plan. The district is
designed to provide an environment suitable for employment, recreation and living. The CM district is a
blueprint for promoting family-wage jobs, professional office and manufacturing commerce,
neighborhood-oriented businesses, mixed-use projects and community services in a manner that
enhances property values by providing transportation options and preserving significant open spaces
while minimizing the impact on natural resources through site and building design.
18-3.2.020 Applicability
Comment
: This section replaces 18.53.070 Applicability of Other Sections of the Land Use Ordinance.
This chapter applies to properties designated as CM on the City of Ashland Zoning Map, and pursuant
to the Croman Mill District Plan maps adopted by Ordinance #3031 (August, 2010). Development
located within the Croman Mill (CM) district is required to meet all applicable sections of this ordinance,
except as otherwise provided in this chapter; where the provisions of this chapter conflict with
comparable standards described in any other ordinance, resolution or regulation, the provisions of the
CM district shall govern.
18-3.2.030 General Requirements
A. Conformance with the Croman Mill District Plan.
Land uses and development, including
buildings, parking areas, streets, bicycle and pedestrian access ways, multi-use paths and open
spaces shall be located in accordance with those shown on the Croman Mill District Plan maps
adopted by Ordinance #3031.
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18-3.2 – Croman Mill District
B. Amendments.
Major and minor amendments to the Croman Mill District Plan shall comply with the
following procedures:
1. Major and Minor Amendments
Comment
: There are five zones in the Croman Mill District. Staff suggests making a change to any zone a major
amendment.
a. Major amendments are those that result in any of the following:
i. A change in the land use overlay zoning to CI Compatible Industrial or OE Office
Employment.
ii. A modification to the street layout plan that necessitates a street or other transportation
facility to be eliminated.
iii. A change not specifically listed under the major and minor amendment definitions.
b. Minor amendments are those that result in any of the following:
i. A change in the Plan layout that requires a street, access way, multi-use path or other
transportation facility to be shifted more than twenty-five (25) feet in any direction, as
long as the change maintains the connectivity established by the Croman Mill District
Plan.
ii. Changes related to street trees, street furniture, fencing or signage.
iii. A change in the design of a street in a manner inconsistent with the Croman Mill District
Standards.
iv. A modification of a driveway access location in a manner inconsistent with the Croman
Mill District Standards.
v. A site layout, landscaping or building design which is inconsistent with the Croman Mill
District Standards.
vi. A change to an area allocation for special permitted uses in section 18-3.2.040.B.
vii. A change in a dimensional standard requirement in section 18-3.2.050, but not including
height and residential density.
A major amendment to the Croman Mill District Plan is
2. Major Amendment – Type II Procedure.
subject to a public hearing and decision under a Type II Procedure. A major amendment may be
approved upon the hearing authority finding that:
a. The proposed modification maintains the connectivity established by the district plan, or the
proposed modification is necessary to adjust to physical constraints evident on the property,
or to protect significant natural features such as trees, rock outcroppings, wetlands, or
similar natural features, or to adjust to existing property lines between project boundaries;
b. The proposed modification furthers the design, circulation and access concepts advocated
by the district plan; and
c. The proposed modification will not adversely affect the purpose and objectives of the district
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18-3.2 – Croman Mill District
plan.
3. Minor Amendment – Type I Procedure. A minor amendment to the Croman Mill District Plan is
subject to an administrative decision under the Type I Procedure. Minor amendments shall not
be subject to the Administrative Variance from Site Design and Use Standards of chapter 18-
5.2. A minor amendment may be approved upon finding that granting the approval will result in
a development design that equally or better achieves the stated purpose of this chapter,
objectives of specific Croman Mill District Standards, and guiding principles of the Croman Mill
Site Redevelopment Plan.
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18-3.2 – Croman Mill District
18-3.2.040 Use Regulations
A. Generally.
Uses and their accessory uses are permitted, special permitted or conditional uses in
the Croman Mill District as listed in the Land Use Table.
Table 18-3.2.040 – Croman Mill District Land Use 1
Croman Mill District Zones
NC MU OE CI OS
A. Residential 2
Residential Uses S S N N N
Temporary Employee Housing N N S S N
B. Commercial
Stores, restaurants and shops less than
P N N N N
3,000 sq. ft., excluding fuel sales,
automobile sales and repair
Limited stores, restaurants and shops, N S S S N
excluding fuel sales, automobile sales and
repair
Professional, financial, business and N P P S N
medical offices
Administrative or research and N P P P N
development establishments
Child or day care centers P S S S N
Fitness, recreations sports, gym or athletic P N N N N
club
Ancillary employee services (e.g. N S S S N
cafeteria, fitness area)
Motion picture, television or radio N P P P N
broadcasting studios
Temporary uses C C C C C
C. Industrial
Manufacturing, assembly, fabrication or N P S P N
packaging including manufacturing of food
products
Limited manufacturing affiliated with a S N N N N
retail use
1
Key to zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open Space.
2
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
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1
Table 18-3.2.040 – Croman Mill District Land Use
Croman Mill District Zones
NC MU OE CI OS
2
Rail freight loading dock facilities N N N P N
Rail or rapid transit passenger facilities P P P P N
Warehouse and similar storage facilities N S S S N
Limited outdoor storage N S S S N
Wireless communication facilities attached C C P P N
to an existing structure pursuant to
18.72.180
Freestanding wireless communication C C C C N
support structures pursuant to 18.72.180
D. Public and Institutional
Public service or community buildings with P C C C P
office or space used directly by the public
Public service or community buildings with C C C C C
office or space used directly by the public
Public and quasi public utility facilities S S S S S
enclosed in a building
Oregon Department of Transportation S N N N N
(ODOT) maintenance facility and yard
Private school, college, trade school, C C C C N
technical school or similar school
Electrical substations N N C C N
B. Special Permitted Uses.
The following uses and their accessory uses are special permitted uses
as listed in the Land Use Table and are subject to the requirements of this section and the
requirements of chapter 18-5.2, Site Design and Use Standards.
1. Residential Uses. Residential uses provided the following standards are met.
a. The ground floor area shall be designated for permitted or special permitted uses, excluding
residential.
b. Residential densities shall not exceed the densities in section 18-3.2.050. For the purposes
of density calculations, units of less than 500 square feet of gross habitable floor area shall
count as 0.75 of a unit.
c. Residential uses shall execute a hold harmless covenant and agreement stating they shall
not protest impacts from commercial and industrial uses within the district.
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18-3.2 – Croman Mill District
2. Temporary Employee Housing. Residential units for use by persons employed within the facility
and their families when the following standards are met.
a. Employee Housing densities shall not exceed two units per acre. For the purposes of
density calculations, units of less than 500 square feet of gross habitable floor area shall
count as 0.75 of a unit.
b. The employee housing shall be in conjunction with a permitted or special permitted use on
the property.
c. Units shall be restricted by covenant to be occupied by persons employed by a business
operating on the property.
3. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities,
and ancillary employee services, when the following standards are met.
a. In the Compatible Industrial (CI), Mixed Use (MU) and Office Employment (OE) zones, a
maximum of 15 percent of the gross floor area in a building may be used for any or a
combination of the following special permitted uses when the standards in this section are
met: limited stores, restaurants and shops; child or day care facilities; and ancillary
employee services.
b. Limited Stores, Restaurants and Shops: In the MU zone, the floor area shall be limited to
retail uses in conjunction with a permitted use.
c. Child or Day Care Facilities: Primary program activities are integrated into the interior of the
building.
d. Ancillary Employee Services: Developments may include ancillary employee services such
as cafeterias, fitness areas, or other supportive services generally intended to support the
needs of employees when the following standards are met.
i. The use is integrated into the interior of the building.
ii. The ancillary employee services shall be in conjunction with a permitted or special
permitted use on the property.
4. Professional, Financial, Business and Medical Offices in CI Zone. Developments in the CI zone
may include ancillary office uses to support the operations of a permitted use on-site provided
the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor
area.
5. Kennels. Kennels when the following standards are met.
a. Kennels shall be located at least 200 feet from the nearest residential dwelling.
b All animals shall be boarded within a building at all times.
c. No noise or odor shall emanate outside the walls of the building used as a kennel.
d. A disposal management plan shall be provided demonstrating all animal waste will be
disposed of in a sanitary manner.
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18-3.2 – Croman Mill District
6. Manufacture, Assembly, Fabrication and Packaging in OE Zone. Developments in the OE zone
may include ancillary manufacturing, assembly, fabrication and packaging uses to support the
operations of a permitted or special permitted use on-site when the following standards are met.
a. The maximum floor area dedicated to manufacturing, assembly, fabrication and packaging
shall be 50 percent of the ground floor area.
b. No outside space shall be used for the manufacturing, assembly, fabrication and packaging
processes.
7. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication or
packaging contiguous to and associated with a retail space, provided the maximum floor area
dedicated to manufacturing occupies 1,000 square feet, or ten percent (10%) of ground floor
area, whichever is less.
8. Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when the
following standards are met.
a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE
and MU zones shall be 50 percent of the ground floor area.
b. Warehouse and storage facilities shall be provided only in conjunction with, and for the
exclusive use by, a permitted or special permitted use on the property.
c. Self-service mini-warehouses are prohibited.
d. No outside space shall be used for storage, unless approved as a limited outdoor storage
area.
9. Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special
permitted use when the following standards are met.
a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU
zone; and 2,500 sq. ft. in the CI zone, or 50 percent of the ground floor area of the building
housing the associated permitted or special permitted use, whichever is greater.
b. The outdoor storage shall be located behind or on the side of buildings, and shall be located
so the outdoor storage is the least visible from the street that is reasonable given the layout
of the site.
c. The outdoor storage shall be screened from view by placement of a solid wood or metal
fence, or a masonry wall from five to eight feet in height.
d. The associated permitted use shall obtain a minimum of 50% of the employment density
targets for the Croman Mill District.
10. Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings
when the following standards are met.
a. Facilities and structures that are accessory to a public park in the OS zone, including but not
limited to maintenance equipment storage, enclosed picnic facilities, and restrooms.
b. Public and Quasi-Public utility service building relating to receiving and transmitting
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18-3.2 – Croman Mill District
antennas and communication towers are subject to the applicable provisions of 18-4.14.
c. Public and Quasi-Public utility service building shall demonstrate:
i. The need for the facility, present or future; and how the facility fits into the utility's Master
Plan.
ii. The facility utilizes the minimum area required for the present and anticipated expansion.
iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan
designation.
11. Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon
Department of Transportation Ashland maintenance facility and storage yard located on
property within the NC zone the following shall apply.
a. Buildings may be enlarged or replaced subject to Basic Site Review Standards.
b. Are exempt from the Dimensional Regulations per 18-3.2.050 with the exception of
minimum side and rear yard setbacks abutting a residential district and maximum height.
c. Are exempt from the requirements of Part 18-4 Site Development and Design Standards,
and the requirements of 18-3.2.060 Croman Mill District Site Development and Design
Standards.
18-3.2.050 Dimensional Regulations
The lot and building dimensions shall conform to the standards in Table 18-3.2.050.
Table 18-3.2.050 Croman Mill District Dimensional Standards 3
Croman Mill District Zones
NC MU OE CI OS
4
Max. Residential Density (units per acre)
Without bonus 30 15 ----- ----- -----
With bonus 60 30
Minimum Lot Size (square feet)
----- ----- 20,000 40,000 -----
Minimum Frontage (feet)
50 ----- 100 100 -----
Minimum Lot Width (feet)
3
Keytozones:NC=NeighborhoodCommercial;MU=MixedUse;OE=OfficeEmployment;CI=CompatibleIndustrial;OS=OpenSpace.
4
Densityofthedevelopmentshallnotexceedthedensityestablishedbythisstandard.Densityshallbecomputedbydividingthetotal
numberofdwellingunitsbytheacreageoftheproject,includinglanddedicatedtothepublic.Fractionalportionsshallnotapplytoward
thetotaldensity.
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3
Table 18-3.2.050 Croman Mill District Dimensional Standards
Croman Mill District Zones
NC MU OE CI OS
50 ----- 100 100 -----
Yard Setback (feet)
5
Minimum yard abutting a street 2 2 2 2/10 -----
6
Maximum yard abutting a street 10 10 10 10 -----
Minimum side yard abutting a Residential 10 10 ----- ----- -----
zone
Minimum rear yard per story abutting a 10 10
Residential zone
Minimum Landscaping Coverage (% site)
15% 15% 15% 10% -----
7
Height
8
Minimum number of stories 2 2 2 2 -----
Maximum height without bonus, 2.5/35 3/40 3/40 3/40 1/20
stories/feet
9
Maximum height with bonus, stories/feet 4/50 4/50 5/75 5/75 -----
Solar Access: The solar access setback in chapter 18-4.10 Solar Access does not apply in the Croman
Mill District.
Frontage Build Out on Active Edge Street
minimum, percent 65 65 65 65 -----
10
Minimum Floor Area Ratio (FAR)
0.60 0.60 0.60 0.50 -----
5
MinimumyardinCIOverlayabuttinganActiveEdgeStreetistwofeet,minimumyardinCIOverlaynotabuttinganActiveEdgeStreetis
tenfeet
6
Maximumyardrequirementsshallnotapplytoentryfeaturessuchasalcoves,andtohardscapeareasforpedestrianactivitiessuchas
plazasoroutsideeatingareas.
7
Solarenergysystemsandparapetsmaybeerecteduptofivefeetabovethecalculatedbuildingheight,andnogreaterthanfivefeet
abovetheheightlimitedspecifiedbythedistrict.
8
Secondstoryshallbeaminimumof20%ofthegrossfloorarea.
9
IntheResidentialBufferZone,themaximumheightwithabonusis40feet.
10
PlazasandpedestrianareasshallcountasfloorareaforthepurposesofmeetingtheminimumFloorAreaRation(FAR).
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18-3.2 – Croman Mill District
18-3.2.060 Site Development and Design Standards
Comment:
The following carries forward and edits the existing Croman Mill District Design Standards with no
substantive changes.
A. Street Design and Access.
The design and construction of streets and public improvements shall
be in accordance with the Ashland Street Standards, except as otherwise required for the following
facilities within the Croman Mill District. A change in the design of a street in a manner inconsistent
with the Croman Mill District Street Design Standards requires a minor amendment in accordance
with section 18-3.2.020.B.
1. Central Boulevard. The tree-lined boulevards along Siskiyou Boulevard and Ashland Street are
an easily identifiable feature of Ashland’s boulevard network. Application of this street design to
the Central Boulevard will create a seamless boulevard loop, linking the Croman Mill district with
downtown Ashland. The Central Boulevard also serves as the front door to the Croman Mill
district, creating a positive first impression when entering the district. Options addressing the
street configuration and intersection geometry will be evaluated with the final design of the
Central Boulevard.
Build-out of the Central Boulevard can be accommodated through a
2. Phased Street Plan.
phased development plan.
a. Phase I implementation will require:
i. Maintain the existing Mistletoe Road alignment from Tolman Creek Road to the
northwest corner of the Croman Mill site.
ii. Include developer-constructed minor improvements to the existing portion of Mistletoe
Road such as a minimum six-foot wide sidewalk on the north side of the street, two 11-
foot travel lanes and the addition of a left-turn pocket at the intersection with Tolman
Creek Road.
iii. A developer-constructed three-lane Central Boulevard from the northwest corner of the
district to Siskiyou Boulevard.
b. Phase II implementation will require:
i. Options addressing the street configuration and intersection geometry will be evaluated
with the final design of the Central Boulevard. Final street configuration may involve a
modification in the Central Boulevard cross section (e.g. delete on-street parking lanes)
to address limitations to right-of-way width (e.g. existing buildings).
ii. The alternative Central Boulevard location and realignment of Tolman Creek Road is
contingent upon property owner’s consent, and future sale and relocation of the existing
ODOT maintenance yard.
3. Tolman Creek Road Realignment. Additional traffic will be generated by the redevelopment of
the Croman Mill district. The alternative Central Boulevard location includes the realignment of
Tolman Creek Road with the Central Boulevard to discourage non-local through traffic in the
Tolman Creek neighborhood and in the Bellview School area. The modifications to the street
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18-3.2 – Croman Mill District
network will preserve neighborhood character and address impacts to the neighborhood by
directing traffic away from the neighborhood and Bellview School, and toward the Croman Mill
district while maintaining access to Tolman Creek Road for neighborhood-generated trips. Key
elements of the realigned Tolman Creek Road include:
a. Two through traffic lanes and a northbound turn lane.
b. New traffic signal.
c. Bike lanes.
d. Sidewalks separated from auto traffic by landscaping and canopy trees.
e. Landscaped neighborhood gateway.
f. Evaluation of the intersection alignment of local streets with Tolman Creek Road including
Takelma Way, Grizzly Drive and Nova Drive.
4. Local Commercial Streets. Local Commercial Streets provide district circulation to and from
employment uses, the Central Park and the neighborhood center.
5. Protected Bike Lane. The protected bike lane runs parallel to the Central Boulevard and
connects with the City’s existing Central Bike Path in two locations – adjacent to the Central
Park and at the neighborhood center. The design of the protected bike lane should include the
following elements:
a. A grade-separated two-way colored bicycle lane buffered from on-street parking by
landscaping.
b. A sidewalk separated from the bicycle lane by striping, bollard, grade separation or other
treatments.
c. Tabled intersections.
d. Elimination of auto right turns on red at intersections.
e. Incorporate rumble strips along the bike lane at the approaches to all intersections.
f. Signage, lighting or other treatments to alert drivers, pedestrians and riders approaching
intersections.
g. Consideration of a bikes-only signal phase at signalized intersections.
6. Multi-use Paths. The multi-use paths provide pedestrian and bicycle connections between the
district and adjacent neighborhood, employment and commercial areas. The plan includes
extension of the Central Bike Path and establishment of the Hamilton Creek Greenway trail. The
Central Bike Path extends the existing multi-use path along the southern edge of the CORP rail
line within a 20-foot wide dedicated easement, and serves as a viable commuter route and link
to the downtown. The Hamilton Creek Greenway trail provides access to the neighborhood
center and an east/west connection across the creek.
The accessways are intended to balance circulation needs of pedestrians,
7. Accessways.
bicycles and vehicular access, and to preserve the grid that encourages development of a form
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18-3.2 – Croman Mill District
that is of human scale and proportion. The accessways would connect the Central Boulevard to
the Central Bike Path and allow for shared bicycle, travel lanes, optional on-street parking, and
temporary loading zones as necessary to serve development sites.
Developments abutting the Central Boulevard and the Central
8. Limited Auto Access Streets.
Park shall not have curb cuts through the sidewalk and the protected bike lane on the Limited
Auto Access Streets as indicated on the Limited Access Streets map. A modification of a
driveway access location in a manner inconsistent with the Croman Mill District Standards
requires a minor amendment in accordance with section 18-3.2.020.B.
9. Access – General Standards. Street and driveway access points in the Croman zones shall be
limited to the following.
a. Distance Between Driveways.
On Collector Streets – 75 feet
On Local Streets and Accessways – 50 feet
b. Distance from Intersections
On Collector Streets – 50 feet
On Local Streets and Accessways – 35 feet
10. Shared Access. All lots shall provide a shared driveway aisle to abutting parking areas that is at
least 20 feet in width. The applicant shall grant a common access easement across the lot. If
the site is served by a shared access or alley, access for motor vehicles must be from the
shared access or alley and not from the street frontage.
11. On-Street Parking. On-street parallel parking may be required along the Central Boulevard and
local streets as indicated on the On-Street Parking map. If on-street parking is required on
streets identified on the On-Street Parking map, angled parking and loading zones are
prohibited on these streets. Options addressing the street configuration will be evaluated with
the final design of the streets identified on the On-Street Parking map.
B. Site and Building Design Standards.
The Croman Mill District Design Standards provide specific
requirements for the physical orientation, uses and arrangement of buildings; the management of
parking; and access to development parcels. Development located in the Croman Mill District shall
be designed and constructed consistent with the following Design Standards. Additional design
standards apply and are specified for developments located adjacent to an Active Edge Street, or
that are located within the NC, MU and OE zones. A site layout, landscaping or building design in a
manner inconsistent with the Croman Mill District Design Standards requires a minor amendment in
accordance with section 18-3.2.020.B.
Comment:
The following reorganizes the building standards applicable to Active Edge Streets. The requirements
currently under “Orientation” and “Streetscapes” are consolidated here.
1. Building Orientation and Scale – General Requirements. The following standards apply to all
buildings, except the Staff Advisor may waive one or more of the following where a building is
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18-3.2 – Croman Mill District
not adjacent to an Active Edge Street and is not accessed by pedestrians, such as warehouses
and industrial buildings without attached offices.
a. Buildings shall have their primary orientation toward the street rather than the parking area.
Building entrances shall be oriented toward the street and shall be accessed from a public
sidewalk.
b. All front doors must face streets and walkways. Where buildings are located on a corner lot,
the entrance shall be oriented toward the higher order street or to the lot corner at the
intersection of the streets.
d. Buildings on corner lots shall be located as close to the intersection corner as practicable.
e. Public sidewalks shall be provided adjacent to a public street along the street frontage.
f. Building entrances shall be located within ten feet of the public right of way to which they are
required to be oriented. Exceptions may be granted for topographic constraints, lot
configuration, designs where a greater setback results in an improved access or for sites
with multiple buildings where this standard is met by other buildings. The entrance shall be
designed to be clearly visible, functional and shall be open to the public during all business
hours.
g. Automobile circulation or parking shall not be allowed between the building and the right-of-
way.
h. Buildings shall incorporate lighting and changes in mass, surface or finish giving emphasis
to entrances.
2. Building Orientation and Scale – Additional Requirements Adjacent to Active Edge Street or
Within NC, MU or OE Zones. Where development is adjacent to an Active Edge Street or is
within a NC, MU or OE zones, it shall conform to the following:
a. Buildings shall be setback not more than ten (10) feet from a public sidewalk unless addition
setback area is used for pedestrian entries, such as alcoves, or for pedestrian activities such
as plazas or outside eating areas. This standard shall apply to both street frontages on
corner lots. If more than one structure is proposed for a site, at least 65% of the aggregate
building frontage shall be within ten (10) feet of the sidewalk.
b. Building frontages greater than 100 feet in length shall have offsets, jogs or have other
distinctive changes in the building façade.
c. Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings that protect
pedestrians from the rain and sun.
d. Buildings shall incorporate display areas, windows and doorways as follows. Windows must
allow view into working areas or lobbies, pedestrian entrances or displays areas. Blank walls
within 30 feet of the street are prohibited.
e. At least 50% of the first-floor façade is comprised of transparent openings (clear glass)
between three and eight feet above grade.
3. Building Orientation for Within the NC, MU and OE Zones and Not Adjacent to an Active Edge
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Street. Any wall that is within 30 feet of the street, plaza or other public open space shall contain
at least 20% of the wall area facing the street in display areas, windows, or doorways. Up to
40% of the length of the building perimeter can be exempted for this standard if oriented toward
loading or service areas.
Except as otherwise required by this chapter, automobile
4. Parking Areas and On-site Circulation.
parking, loading and circulation areas shall comply with the requirements of chapter 18-4 Site
Development and Design Standards and the following standards:
a. Primary parking areas shall be located behind buildings with limited parking on one side of
the building, except that parking shall be located behind buildings only where development
is adjacent to an Active Edge Street or is within a NC, MU or OE zone.
b. Parking areas shall be shaded by deciduous trees, buffered from adjacent non-residential
uses and screened from non-residential uses.
c. Maximum On-Site Surface Parking. After a parking management strategy for the Croman
Mill District is in place, a maximum of 50% of the required off-street parking can be
constructed as surface parking on any development site. The remaining parking requirement
can be met through one or a combination of the credits for automobile parking in chapter 18-
4.4.
5. Streetscapes. One street tree chosen from the street tree list shall be placed for each 30 feet of
frontage for that portion of the development fronting the street. Street trees shall meet the
standards of chapter 18-4.5 Landscaping and Screening. Developments adjacent to Active
Edge Streets, or Within NC, MU and OE zones, shall utilize hardscape (paving material) to
designate “people” areas. Sample materials could be unit masonry, scored and colored
concrete, pavers or combinations of these materials.
6. Building Materials. Buildings may not incorporate glass as a majority of the building skin, and
bright or neon paint colors used extensively to attract attention to the building or use are
prohibited.
7. Building Height Standards. All buildings shall have a minimum height, as indicated in the
Building Height Requirements map and Table 18-3.2.050 Croman Mill Dimensional Standards,
and shall not exceed the maximum height standards in that table, except as approved under
subsection 18-3.2.060.C Green Development Standards.
a. Street Wall Height: Maximum street wall façade height for the Croman Mill district for all
structures located outside the Residential Buffer Zone is 50 feet.
b. Upperfloor Setback: Buildings taller than 50 feet must step back upper stories, beginning
with the fourth story, by at least six feet measured from the façade of the street wall facing
the street, alleyway, public park or open space.
c. Residential Buffer Zone: All buildings in the Croman Mill District within the Residential Buffer
Zone shall meet the following height standards:
i. Maximum Height: The maximum height allowance without a performance standards
bonus for all structures within the Residential Buffer Zone is 35 feet in the NCzone and
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18-3.2 – Croman Mill District
40 feet in the MU, and the maximum height with a bonus is 40 feet in accordance with
subsection 18-3.2.060.C.13.
ii. Upper Floor Setback Requirements: Buildings taller than two stories must step back the
third story by at least six (6) feet measured from the façade facing the street, alleyway,
public park or open space.
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18-3.2 – Croman Mill District
8. Design of Large-Scale Buildings. Architectural Standards for Large Scale Buildings Located
Adjacent to Active Edge Streets, or Within NC, MU and OE Zones: The following architectural
standards will apply to all buildings with a gross floor area greater than 10,000 square feet, a
façade length in excess of 100 feet or a height taller than 45 feet.
a. On upper floors, use windows and/or architectural features that provide interest on all four
sides of the building.
b. Use recesses and projections to visually divide building surfaces into smaller scale
elements.
c. Use color or materials to visually reduce the size, bulk and scale of the building.
d. Divide large building masses into heights and sizes that relate to human scale by
incorporating changes in building masses or direction, sheltering roofs, a distinct pattern of
divisions on surfaces, windows, trees and small scale lighting.
e. On-site circulation systems shall incorporate a streetscape containing curbs, sidewalks,
pedestrian-scale light standards and street trees.
9. Landscaping. In addition to the requirements of chapter 18-4.5 Landscaping and Screening,
development shall conform to the following.
a. Efforts shall be made to save as many existing healthy trees and shrubs on the site as
possible.
b. Landscaping design shall utilize a variety of low water use deciduous and evergreen trees
and shrubs and flowering plant species as described in subsection 18-4.4.030.H Water
Conserving Landscaping.
c. For developments in the CI zone and not adjacent to an Active Edge Street, buildings
adjacent to streets shall be buffered by landscaped areas at least ten (10) feet in width,
unless the area is used for entry features such as alcoves or as hardscape areas for
pedestrian activities such as plazas or outside eating areas.
d. Loading facilities shall be screened and buffered when adjacent to residentially zoned land.
e. Landscaping shall be designed so that 50% coverage occurs after one year and 90%
coverage occurs after five years.
f. Irrigation systems shall be installed to assure landscaping success.
10. Lighting. Development shall provide adequate lighting, including pedestrian-scale lighting not
greater than 14 feet in height along pedestrian pathways. All lighting shall conform to chapter
18-4.6 Light and Glare.
In addition to meeting the requirements of chapter 18-4.5
11. Screening Mechanical Equipment.
Landscaping and Screening, all development shall conform to the following.
a. Screen rooftop mechanical equipment from public rights-of-way or adjacent residentially
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18-3.2 – Croman Mill District
zoned property through extended parapets or other roof forms that are integrated into the
overall composition of the building.
b. Parapets may be erected up to five feet above the calculated building height, and shall be
no greater than five feet above the height limit specified in the district in accordance with the
Dimensional Standards Table in section 18-3.2.050.
c. Screen ground floor mechanical equipment from public rights-of-way and adjacent
residentially zoned property.
d. Solar energy systems are exempt from the standards of a-d, above. Additionally, rooftop
solar energy systems may be erected up to five (5) feet above the calculated building height,
and shall be no greater than five (5) feet above the height limit specified in the district in
accordance Table 18-3.2.050 Dimensional Standards.
e. Installation of mechanical equipment requires Site Review approval, unless otherwise
exempted per chapter 18-5.2.
12. Transit Facilities Standards. The location of planned transit routes within the Croman Mill District
shall be defined according to the Croman Mill District Transit Framework map in collaboration
with the local transit authority. Transit service facilities such as planned bus rapid transit
facilities, shelters and pullouts shall be integrated into the development application consistent
with the following standards.
a. All Large Scale development located on an existing or planned transit route shall
accommodate a transit stop and other associated transit facilities unless the Director of
Community Development determines that adequate transit facilities already exist to serve
the needs of the development; or
b. Provide the City with a bond or other suitable collateral ensuring satisfactory completion of
the transit facilities at the time transit service is provided to the development. Suitable
collateral may be in the form of security interest, letters of credit, certificates of deposit, cash
bonds, bonds or other suitable collateral as determined by the City Administrator.
13. Freight Rail Spur Easement – Compatible Industrial (CI)
a. A Rail Spur easement a minimum of 500 feet in length by 25 feet in width shall be set aside
at the approximate location presented on the Croman Mill District Transit Framework map.
b. No buildings or permanent structures can be established within the spur easement so not to
preclude installation of a rail spur for freight loading and unloading.
c. Buildings adjacent to the reserve strip shall be designed and configured to permit loading
and unloading.
14. Commuter Rail Platform Easement – Neighborhood Commercial (NC)
a. A Commuter Rail Platform easement or designated railroad right-of-way a minimum of 400
feet in length and 25 feet in width shall be set-aside at the approximate location presented
on the Croman Mill District Transit Plan map.
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18-3.2 – Croman Mill District
b. No building or permanent structure shall be placed within the platform easement or in such a
way as to preclude installation of a commuter rail platform or planned bus rapid transit
facility.
c. Buildings adjacent to the reserve strip shall be designed and configured to permit loading
and unloading.
15. Transit Plaza. A location for the transit plaza shall be reserved between the commuter rail
platform and commercial uses along the Central Boulevard. The design of the plaza shall
include the following elements.
a. A passenger waiting, loading and unloading area.
b. Outdoor gathering space adjacent to commercial uses.
c. Accommodate the central bike path.
d. Conveniently located and secure bike parking.
16. Open Spaces – Central Park. The purpose of the Central Park is to serve as a public amenity
and accommodate the daily needs of employees (e.g. breaks, lunch time) as well as for special
events that will attract residents citywide. The Central Park design shall provide a minimum of
the following elements.
a. Circulation through and around the park.
b. A centrally located hardscape area to accommodate large gatherings, and of no more than
50% of the total park area.
c. Street furniture, including lighting, benches, low walls and trash receptacles along walkways
and the park perimeter.
d. Simple and durable materials.
e. Trees and landscaping that provide visual interest with a diversity of plant materials.
f. Irregular placement of large-canopy trees within passive areas adjacent to the Central
Boulevard.
g. Eight-foot minimum sidewalk width and seven-foot minimum park row width.
h. Landscaped swales to capture and treat runoff.
i. Porous solid surfacing for at least 50% of the hardscape area, and paving materials that
reduce heat absorption (Solar Reflective Index (SRI) of at least 29).
17. Compact Development. New development shall provide a compact development pattern. This
standard is met where the site layout enables future intensification of development and changes
to land use over time, as applicable. The following measures shall be used to demonstrate
compliance with this standard.
a. The development achieves the required minimum floor area ratio (FAR) and minimum
number of stories, or shall provide a shadow plan that demonstrates how development may
be intensified over time for more efficient use of land and to meet the required FAR and
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18-3.2 – Croman Mill District
minimum number of stories; and
b. Opportunities for shared parking are utilized.
C. Green Development Standards.
The Croman Mill District Green Development Standards provide
specific requirements for the management of stormwater run-off, use and collection of recycled
materials, solar orientation and building shading, and conserving natural areas. Development
located in the Croman Mill District shall be designed and constructed consistent with the following
Green Development Standards. A site layout, landscaping or building design in a manner
inconsistent with the Croman Mill District Green Development Standards requires a minor
amendment in accordance with section 18-3.2.020.B.
1. Conserve Natural Areas. Development plans shall preserve water quality, natural hydrology and
habitat, and preserve biodiversity through protection of streams and wetlands. In addition to the
requirements of chapter 18-3.10 Water Resources, conserving natural water systems shall be
considered in the site design through application of the following standards.
a. Designated stream and wetland protection areas shall be considered positive design
elements and incorporated in the overall design of a given project.
b. Native riparian plant materials shall be planted in and adjacent to the creek to enhance
habitat.
c. Create a long-term management plan for on-site wetlands, streams, associated habitats and
their buffers.
2. Create Diverse Neighborhoods. Development plans shall use the following measures to
encourage diversity in the district by providing a balanced range of housing types that
compliment a variety of land uses and employment opportunities.
a. Differentiate units by size and number of bedrooms. For developments including more
than four dwelling units, at least 25% of the total units shall be designated as rental units.
b. Affordable purchase housing provided in accordance with the standards established by
section 18-2.5.080 Affordable Housing (Resolution 2006-13) for households earning at or
below 80% of the area median income shall apply toward the required percentage of rental
housing per subsection ‘a’, above.
c. Units designated as market rate or affordable rental units shall be retained as one
condominium tract under one ownership.
3. Design Green Streets. Development plans shall conform to the following standards for Green
Streets.
a. New streets shall be developed to capture and treat stormwater in a manner consistent with
the Croman Mill District Stormwater Management Plan map, the City of Ashland Stormwater
Master Plan and Ashland Green Streets Standards.
b. All development served by planned Green Streets as designated on the Croman Mill District
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18-3.2 – Croman Mill District
Green Street map shall accommodate said facilities by including the same in the
development plan; and/or
c. Provide the City with a bond or other suitable collateral ensuring satisfactory completion of
the Green Street(s) at the time full street network improvements are provided to serve the
development. Suitable collateral may be in the form of security interest, letters of credit,
certificates of deposit, cash bonds, bonds or other suitable collateral as determined by the
City Administrator.
4. Design Green Surface Parking. Development of parking areas shall conform to the standards of
chapter 18-4.4 Parking and Loading, chapter 18-4.5 Landscaping and Screening, and the
applicable provisions of this chapter. In addition, a maximum 25% of the project area shall be
used for surface parking to minimize the adverse environmental and microclimatic impacts of
surface parking through design and material selection.
5. Stormwater Management. Development shall reduce the public infrastructure costs and adverse
environmental effects of stormwater run-off by managing run-off from building roofs, driveways,
parking areas, sidewalks and other hard surfaces through implementation of the following
standards.
a. Design grading and site plans to capture and slow runoff.
b. Use pervious or semi-pervious surfaces that allow water to infiltrate the soil.
c. Direct discharge storm water runoff into a designated green street and neighborhood storm
water treatment facilities.
d. Retain rainfall on-site through infiltration, evapotranspiration or through capture and reuse
techniques.
6. Recycling Areas. All developments in the Croman Mill District shall provide an opportunity-to-
recycle site for use of the project occupants, pursuant to the following standards.
a. Commercial developments having a solid waste receptacle shall provide a site of equal or
greater size adjacent to or with access comparable to the solid waste receptacle to
accommodate materials collected by the local solid waste franchisee under its on-route
collection program for purposes of recycling.
b. All newly constructed residential units, either as part of an existing development or as a new
development, shall provide an opportunity-to-recycle site in accord with the following
standards.
i. Residential developments not sharing a common solid waste receptacle shall provide an
individual curbside-recycling container for each dwelling unit in the development.
ii. Residential developments sharing a common solid waste receptacle shall provide a site
of equal or greater size adjacent to or with access comparable to the common solid
waste receptacle to accommodate materials collected by the local solid waste franchisee
under its residential on-route collection program for purposes of recycling.
c. Both opportunity-to-recycle sites and common solid waste receptacles shall be screened by
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18-3.2 – Croman Mill District
fencing or landscaping, such as to limit the view of such facilities from adjacent properties or
public rights-of-way. Such screening shall consist of placement of a solid wood, metal, or
masonry wall from five (5) to eight (8) feet in height. All refuse and recycle materials shall be
contained within the refuse area.
Construction activity shall minimize pollution and waste
7. Minimize Construction Impacts.
generation through the following measures.
a. Develop and implement an erosion and sediment control plan to reduce pollution from
construction activities by controlling soil erosion, waterway sedimentation and airborne dust
generation in accordance with Ashland Public Works Standards. The erosion and sediment
control plan shall be submitted with the final engineering for public improvements and
building permits.
b. Recycle and/or salvage non-hazardous construction and demolition debris in accordance
with the Building Demolition Debris Diversion requirements in 15.04.216.C.
Comment:
Staff recommends the following edits in consultation with the Water Conservation Analyst to make the
potable water reduction standard more measurable. A definition of baseline will be added to the 18-6.
8. Potable Water Reduction for Irrigation. Development plans shall provide water-efficient
landscape irrigation designs that reduces by 50% the use of potable water by at least 50% of
the baseline after the initial period for plant installation and establishment. Calculations for the
reduction shall be based on the water budget, and the water budget Landscape and irrigation
design, along with irrigation schedules shall be developed for landscape irrigation that conforms
to the mandatory policies in section 18-4.4.030.H Water Conserving Landscaping. Methods
used to accomplish the requirements of this section may include, but are not limited to, plant
species selection, irrigation efficiency, proper scheduling, and use of captured rainwater,
recycled water, graywater, and/or water treated for irrigation purposes and conveyed by a water
district or public utility.
In addition to complying with the applicable provisions of section 18-3.2.060.B
9. Solar Orientation.
Building and Site Design, development plans shall incorporate passive and active solar
strategies in the design and orientation of buildings and public spaces. When site and location
permit, orient the building with the long sides facing north and south.
In order to promote energy conservation, development plans shall incorporate
10. Building Shading.
shade features as follows.
a. Provide horizontal exterior shading devices for south-facing windows to control solar gain
during the peak cooling season.
b. Provide vertical exterior shading devices for east- and west-facing windows to control solar
gain and glare due to low sun angles during the peak-cooling season.
c. A combination of horizontal and vertical exterior shading devices may be necessary to
control solar gain on southwest- and southeast-facing windows.
11. Recycled Content in Infrastructure. For new streets, driveways, parking lots, sidewalks and
curbs, the aggregate materials shall be at least 50% by volume recycled aggregate materials
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18-3.2 – Croman Mill District
such as crushed Portland cement concrete and asphalt concrete. Above-ground structured
parking and underground parking are exempt from this requirement.
12. Outdoor Lighting. Outdoor lighting, in addition to complying with chapter 18-4.4 Light and Glare,
shall use down-shielded light fixtures that do not allow light to emit above the 90-degree plane
of the fixture. Lighting fixtures provided to implement Federal Aviation Administration mitigation
measures to enhance safe air navigation are exempt from this standard.
13. Performance Standard Bonuses. The permitted building height or base residential density,
whichever is applicable, shall be increased by the number of stories or percentage residential
density as outlined below. In no case shall the building height or residential density exceed the
height and density bonus maximums in the Table 18-3.2.050 Croman Mill Dimensional
Standards.
a.Green Building Bonus. Projects that achieve a high performance green building standard
and significantly improve energy performance beyond the current minimum Oregon
requirements are eligible for a building height bonus as follows.
i. In the event that a building or structure is determined to be meet the standard for LEED®
Certified building, the building height may exceed the maximum height specified for the
CM zones within the Table 18-3.2.050 Dimensional Standards, through application of a
height bonus as follows.
(A) A building obtaining LEED® Certification as meeting the LEED® Silver Standard
may be increased in height by up to one story.
(B) A building obtaining LEED® Certification as meeting the LEED® Gold Standard may
be increased in height by up to two stories.
(C) A building in the Residential Buffer overlay obtaining LEED® Certification as meeting
the LEED® Silver or Gold Standard may be increased in height by ½ story up to a
maximum height of 40 feet.
(D) Applications to increase the building height in excess of the maximum permitted
height through the application of a height bonus shall address any conditional
determination by the Federal Aviation Administration requesting air navigation safety
mitigation measures.
ii. Demonstration of Achieving LEED® Certification. Projects awarded a height bonus
pursuant to this section, shall provide the City with satisfactory evidence of having
completed the following steps in the process toward demonstrating achievement of
LEED® certification.
(A) Hiring and retaining a LEED® Accredited Professional as part of the project team
throughout design and construction of the project.
(B) Developments seeking a height bonus shall provide documentation with the planning
application, and prior to issuance of a building permit, that the proposed
development as designed and constructed will meet or exceed the equivalent
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18-3.2 – Croman Mill District
LEED® standard relating to the height bonus awarded.
(C) A final report shall be prepared by the LEED® Accredited Professional and
presented to the City upon completion of the project verifying that the project has
met, or exceeded, the LEED® standard relating to the height bonus awarded.
(D) The report shall produce a LEED® compliant energy model following the
methodology outlined in the LEED® rating system. The energy analysis done for the
building performance rating method shall include all energy costs associated with the
building project.
b.Structured Parking Bonus. A building may be increased by up to one story in height when
the corresponding required parking is accommodated underground or within a private
structured parking facility, subject to building height limitations for the zoning district.
c.Affordable Housing Bonus.
i. For every percent of units that are affordable, an equivalent percentage of density bonus
shall be allowed up to a maximum bonus of 100%.
ii. Affordable housing bonus shall be for residential units that are affordable for moderate-
income persons in accordance with the standards established by section 18-2.5.080
Affordable Housing (Resolution 2006-13), and guaranteed affordable through
procedures contained therein.
14. Employment Density. To promote transit supportive development, efficient use of employment
zoned lands and local economic vitality, it is recommended that developments within the
Croman Mill District are planned to accommodate employment densities as follows.
a. 60 employees per acre in the Office Employment (OE) zone.
b. 25 employees per acre in the Compatible Industrial (CI) zone.
c. 25 employees per acre in the Mixed Use (MU) zone.
d. 20 employees per acre in the Neighborhood Center (NC) zone.
18-3.2.070 Open Space Zone
All projects containing land identified as Open Space on the Croman Mill District Land Use Zoning map
shall dedicate those areas as common areas or public open space. It is recognized that the master
planning of the properties as part of the Croman Mill Site Redevelopment Plan imparted significant
value to the land, and the required dedication of those lands within the Croman Mill district for open
space and conservation purposes is proportional to the value bestowed upon the property through the
change in zoning designation.
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Land Use Ordinance
18-3.3 – Health Care Services District
Chapter 18-3.3 – Health Care Services
Sections:
18-3.3.010 Purpose
18-3.3.020 Applicability
18-3.3.030 Permitted Uses
18-3.3.040 Conditional Uses
18-3.3.050 General Regulations
18-3.3.060 Other Regulations
Comment:
The provisions of 18.54 HC zone are carried forward.
18-3.3.010 Purpose
This district is designed to provide the type of environment suitable for the development of health
related services and residential uses, and related activities, while reducing the conflicts between uses
through appropriate design.
18-3.7.020 Applicability
This chapter applies to properties designated as HC on the City of Ashland Zoning Map.
18-3.3.030 Permitted Uses
The following uses and their accessory uses are permitted outright:
A. Residential uses, subject to the requirements of the R-2 zone.
B. Home occupations.
C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to,
nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational
therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional
counseling, health maintenance, and rehabilitation services.
D. Ambulance and paramedic service.
E. Medical laboratories.
F. Sales or rentals of durable medical goods.
G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes.
H. Any use, located on City owned property, that is specifically allowed by the Ashland Community
Hospital Master Facility Plan adopted by the City of Ashland by ordinance.
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18-3.3 – Health Care Services District
18-3.3.040 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with the
chapter on Conditional Use Permits:
A. Limited personal service providers in the home, such as beauticians and masseurs.
B. Travelers' accommodations, subject to the requirements of the R-2 zone.
C. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
D. Any medically related use, located on City-owned property that is not specifically allowed by the
Ashland Community Hospital Master Facility Plan.
E. Wireless Communication Facilities authorized pursuant to chapter 18-4.14.
18-3.3.050 General Regulations
A. Minimum lot area: Minimum lot area shall be 5,000 square feet.
B. Minimum lot width: Minimum lot width shall be 50 feet.
C. Minimum lot depth: All lots shall have a minimum depth of 80 feet. No lot depth shall be
more than two and one-half times its width.
D. Standard yard requirements:
1. Front yard, twenty (20) feet
2. Side yards (interior), six (6) feet
3. Street-Side yard/side yard abutting a public street, ten (10) feet.
4. Rear yard, ten (10) feet, plus ten (10) feet for each story in excess of one story.
E. Special Yards - distances between buildings.
1. The distance between any principal building and accessory building shall be a minimum of ten
(10) feet.
2. An inner court providing access to a double-row dwelling group shall be a minimum of twenty
(20) feet.
F. Maximum height: No structure shall be over thirty-five (35) feet in height.
G. Maximum coverage: Maximum lot coverage shall be 65%.
H. Solar Access. In addition to the above minimum requirements, compliance with chapter 18-4.10
Solar Access is required.
18-3.3.060 Other Regulations
Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2
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18-3.3 – Health Care Services District
zone (chapter 18-2) shall apply.
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18-3.4 – NM - North Mountain Neighborhood
Chapter 18-3.4 – North Mountain Neighborhood
18-3.4.010 Purpose
18-3.4.020 Applicability
18-3.4.030 General Regulations
18-3.4.040 Neighborhood Central Zone NM-C
18-3.4.050 Neighborhood Core Zone NM-MF
18-3.4.060 Neighborhood General Zone NM-R-1-5
18-3.4.070 Neighborhood Edge Zone NM-R-1-7.5
18-3.4.080 Civic Spaces Zone NM-Civic
18-3.4.090 Open Spaces Zone NM-O
18-3.4.100 North Mountain Greenway Zone NM-G
18-3.4.110 Site Plan and Architectural Review Procedure
18-3.4.120 Site Development and Design Standards
Comment:
The following carries forward and edits the existing provisions of 18.50 and the NM Site Design and
Use Standards, with no substantive changes. Definitions are relocated to 18-6. The word “overlay” replaces
“zone” throughout the chapter to provide clarity and consistency in terminology throughout the ULUO. The term
overlay was previously used to designate the seven zones within the North Mountain district (e.g. Neighborhood
Central overlay, Neighborhood Core overlay). In the ULUO, the zone designations are changed to Neighborhood
Central zone, Neighborhood Core zone, etc.
18-3.4.010 Purpose
This district is designed to provide an environment suitable for traditional neighborhood living, working,
and recreation. The NM district and Neighborhood Plan is a blueprint for promoting a variety of housing
types, mixed-use developments, neighborhood oriented businesses and community services in a
manner which enhances property values and preserves open spaces and significant natural features.
18-3.4.020 Applicability
Comment
: This section replaces and updates 18.30.110 Applicability of Other Sections of the Land Use
Ordinance.
This chapter applies to properties designated as NM on the City of Ashland Zoning Map, and pursuant
to the North Mountain Neighborhood Plan adopted by Ordinance #2800 (April, 1997). Development
located within the NM district is required to meet all applicable sections of this ordinance, except as
otherwise provided in this chapter; where the provisions of this chapter conflict with comparable
standards described in any other ordinance, resolution or regulation, the provisions of the North
Mountain Neighborhood district shall govern.
18-3.4.030 General Regulations.
A. Conformance with North Mountain Neighborhood Plan.
Land uses, streets, alleys and
pedestrian/bicycle access ways shall be located in accordance with those shown on the North
Mountain Neighborhood Plan adopted by Ordinance No. 2800.
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18-3.4 – North Mountain Neighborhood
B. Amendments.
Major and minor amendments to the North Mountain Neighborhood Plan shall
comply with the following procedures:
1. Major and Minor Amendments.
a. Major amendments are those that result in any of the following:
i. A change in land use.
ii. A change in the street layout plan that requires a street to be eliminated or to be located
in such a manner as to not be consistent with the neighborhood plan.
iii. A change in the North Mountain Neighborhood Design Standards.
iv. A change in planned residential density.
v. A change not specifically listed under the major and minor amendment definitions.
b. Minor amendments are those that result in any of the following:
i. Changes related to street trees, street furniture, fencing, or signage.
ii. A change in the street layout that requires a local street, alley, easement,
pedestrian/bicycle accessway or utility to be shifted more than 50 feet in any direction,
as long as the change maintains the connectivity established by the neighborhood plan.
2. Major Amendment Type II Procedure. A major amendment to the neighborhood plan shall be
processed as a Type II planning action concurrently with specific development proposals. In
addition to complying with the standards of this section, findings must demonstrate that:
a. The proposed modification maintains the connectivity established by the neighborhood plan;
b. The proposed modification furthers the design and access concepts advocated by the
neighborhood plan, including but not limited to pedestrian access, bicycle access, and de-
emphasis on garages as a residential design feature;
c. The proposed modification will not adversely affect the purpose, objectives, or functioning of
the neighborhood plan;
d. The proposed modification is necessary to adjust to physical constraints evident on the
property, or to protect significant natural features such as trees, rock outcroppings,
wetlands, or similar natural features, or to adjust to existing property lines between project
boundaries.
3. Minor Amendment Type I Procedure. A minor amendment to the neighborhood plan may be
approved as a Type I planning action concurrently with specific development proposals. The
request for a minor amendment shall include findings that demonstrate that the change will not
adversely affect the purpose, objectives, or functioning of the neighborhood plan.
C. Utilities.
Utilities shall be installed underground to the greatest extent feasible. Where possible,
alleys shall be utilized for utility location, including transformers, pumping stations, etc.
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18-3.4 – North Mountain Neighborhood
D. Lots With Alley Access
. If an alley serves the site, access and egress for motor vehicles shall be
to and from the alley. In such cases, curb openings along the street frontage are prohibited.
E. Streets, Alleys and Pedestrian/Bicycle Accessways.
Streets, alleys, and pedestrian/bicycle
accessways shall be improved as designated in the North Mountain Neighborhood Design
Standards.
F. Minimum Density.
Proposals resulting in the creation of additional parcels or greater than three
units on a single parcel shall provide for residential densities between 75 to 110 percent of the base
density for a given zone, unless reductions in the total number of units is necessary to
accommodate significant natural features, topography, access limitations or similar physical
constraints. (Proposals involving the development of neighborhood commercial businesses and
services shall be exempt from the above requirements).
G. Density Transfer.
Density transfer within a project from one zone to another may be approved if it
can be shown that the proposed density transfer furthers the design and access concepts
advocated by the neighborhood plan, and provides for a variety of residential unit sizes, types and
architectural styles.
F. Drive-Up Uses.
Drive-Up uses are not permitted within the North Mountain Neighborhood Plan
area.
G. Performance Standards Overlay.
All applications involving the creation of three or more lots shall
be processed under chapter 18-3.8 Performance Standards Option.
H. Fencing.
No fencing exceeding three feet in height shall be allowed in the front lot area between
the structure and the street. No fencing shall be allowed in areas designated as Floodplain
Corridor.
I. Adjustment of Lot Lines.
As part of the approval process for specific development proposals,
adjustments to proposed lot lines may be approved consistent with the density standards of the
applicable zone, as designated by the North Mountain Neighborhood Plan.
18-3.4.040 Neighborhood Central Zone NM-C
A. Permitted Density.
The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer
shall not apply towards the total density. Base density for the Neighborhood Central zone shall be
20 units per acre, however, units of less than 500 square feet of gross habitable area shall count as
0.75 units for the purposes of density calculations.
B. Off-Street Parking.
In all areas within the Neighborhood Central zone, all uses are not required to
provide off-street parking or loading areas, except for residential uses where one space shall be
provided per residential unit. All parking areas shall comply with the Off-Street Parking chapter and
the Site Review chapter.
C. Area, Yard Requirements.
There shall be no minimum lot area, lot coverage, front yard, side yard
or rear yard requirement, except as required under the Off-Street Parking chapter or where required
by the Site Review chapter.
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18-3.4 – North Mountain Neighborhood
D. Solar Access.
Chapter 18-4.10 Solar Access shall not apply in the Neighborhood Central zone.
E. Permitted Uses.
The following uses are permitted in the NM-C zone subject to conditions limiting
the hours and impact of operation.
1. Residential Uses, subject to the above density requirements
2. Home Occupations
3. Parks and Open Spaces
4. Agriculture
5. Neighborhood Oriented Retail Sales and Personal Services, with each building limited to 3,500
square feet of total floor area.
6. Professional Offices, with each building limited to 3,500 square feet of total floor area
7. Restaurants
8. Manufacturing or assembly of items sold in a permitted use, provided such manufacturing or
assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet
9. Basic Utility Providers, such as telephone or electric providers, with each building limited to
3,500 square feet of total floor area
10. Community Services, with each building to 3,500 square feet of total floor area
11. Churches or Similar Religious Institutions, when the same such use is not located on a
contiguous property, nor more than two such uses in a given zone
12. Neighborhood Clinics, with each building limited to 3,500 square feet of total floor area
F. Conditional Uses.
The following uses are allowed subject to approval of a conditional use permit.
1. Temporary Uses
2. Public Parking Lots
Comment
: Staff suggests increasing the lot coverage in the commercial core to 85% which is comparable to the
commercial (C-1) and employment (E-1) zones in other areas of the city.
G. Lot Coverage.
Maximum lot coverage shall be seventy-five eighty-five (85) percent.
18-3.4.050 Neighborhood Core Zone NM-MF
A. Permitted Density.
The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer
shall not apply towards the total density.
1. Base density for the Neighborhood Core zone shall be 12.0 units per acre; however, units of
less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of
density calculations.
2. Subdivisions or multi-family developments shall be developed, or shall not preclude further
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18-3.4 – North Mountain Neighborhood
development, in accordance with the minimum density standard in subsection 18-3.4.020.D.
B. Off-Street Parking.
In all areas within the Neighborhood Core zone, off-street parking shall be
provided in accordance with chapter 18-4.4 Parking and Loading.
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of
twenty-five (25) feet, excluding garages. Front yards may be reduced to five (5) feet for
unenclosed porches with a minimum depth of six (6) feet and a minimum width of eight (8) feet.
Garages shall be setback a minimum of fifteen (15) feet from the front building facade and
twenty (20) feet from the sidewalk. No greater than 50 percent (50%) of the total lineal building
facade facing the street shall consist of garage, carport or other covered parking space.
Side yard setbacks shall be a minimum of five (5) feet for the first story, excluding
2. Side Yards.
half-stories and upper floor dormer space, five (5) feet for each additional story, and ten (10)
feet when abutting a public street. Single story, detached garages and accessory structures
shall have a minimum three (3) foot side yard, except that no side yard is required for accessory
buildings sharing a common wall.
3. Rear Yards. Ten (10) feet per story, with the exception of upper floor dormer space, which may
be setback fifteen (15) feet. Single story, detached garages and accessory buildings, and two
story accessory buildings adjacent to an alley shall have a minimum rear yard of four feet.
D. Lot Coverage.
Maximum lot coverage is seventy-five (75) percent
E. Permitted Uses.
The follow uses are permitted:
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
18-3.4.060 Neighborhood General Zone NM-R-1-5
A. Permitted Density.
The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer
shall not apply towards the total density. Base density for the NM-R-1-5 zone shall be 5.0 units per
acre. Accessory Residential Units shall not be included in base density calculations.
B. Off-Street Parking.
In all areas within the Neighborhood General zone, off-street parking shall be
provided in accordance with the General Regulations of this chapter and the Off-Street Parking
chapter.
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of twenty-
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18-3.4 – North Mountain Neighborhood
five (25) feet, excluding garages. Front yards may be reduced to five (5) feet for unenclosed
porches with a minimum depth of six (6) feet and a minimum width of eight (8) feet. Garages
shall be setback a minimum of fifteen (15) feet from the front building facade and twenty (20)
feet from the sidewalk. No greater than 50 percent (50%) of the total lineal building facade
facing the street shall consist of garage, carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the first story, excluding
half-stories and upper floor dormer space, five (5) feet for each additional story, and ten (10)
feet when abutting a public street. Single story, detached garages and accessory structures
shall have a minimum three (3) foot side yard, except that no side yard is required for accessory
buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor dormer space, which may be
setback fifteen (15) feet. Single-story, detached garages and accessory buildings, and two story
accessory buildings adjacent to an alley shall have a minimum rear yard of four (4) feet.
D. Permitted Uses.
The following uses are permitted:
Comment:
This draft consolidates permitted and special permitted uses, and incorporates by reference the ARU
standards of section 18-2.3.040.
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
5. Accessory Residential Units, subject to the standards in section 18-2.3.040, except that the
maximum gross habitable floor area (GHFA) of the accessory residential unit not exceed 50% of
the GHFA of the primary residence on the lot, and shall not exceed 750 sq. ft. GHFA, and
second story accessory residential units constructed above a detached accessory building shall
not exceed 500 sq. ft. GHFA.
6. Community Services, with each building limited to 2,500 square feet of total floor area.
E. Lot Coverage.
Maximum allowed lot coverage is fifty (50) percent
18-3.4.060 Neighborhood Edge Zone NM-R-1-7.5
A. Permitted Density.
The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer
shall not apply towards the total density. Base density for the Neighborhood Edge zone shall be 3.6
units per acre. Accessory Residential Units shall not be included in base density calculations.
B. Off-Street Parking.
In all areas within the Neighborhood Edge zone, off-street parking shall be
provided in accordance with the General Regulations of this chapter and the Off-Street Parking
chapter.
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18-3.4 – North Mountain Neighborhood
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of twenty-
five (25) feet, excluding garages. Front yards may be reduced to five (5) feet for unenclosed
porches with a minimum depth of six (6) feet and a minimum width of eight (8) feet. Garages
shall be setback a minimum of fifteen (15) feet from the front building facade and twenty (20)
feet from the sidewalk. No greater than 50 percent (50%) of the total lineal building facade
facing the street shall consist of garage, carport or other covered parking space.
Side yard setbacks shall be a minimum of five (5) feet for the first story, excluding
2. Side Yards.
half-stories and upper floor dormer space, five (5) feet for each additional story, and ten (10)
feet when abutting a public street. Single story, detached garages and accessory structures
shall have a minimum three (3) foot side yard, except that no side yard is required for accessory
buildings sharing a common wall.
Ten feet per story, with the exception of upper floor dormer space, which may be
3. Rear Yards.
setback 15 feet. Single story, detached garages and accessory buildings, and two story
accessory buildings adjacent to an alley shall have a minimum rear yard of four feet.
D. Permitted Uses.
The following uses are permitted:
Comment:
This draft consolidates permitted and special permitted uses, and incorporates by reference the ARU
standards of section 18-2.3.040.
1. Residential Uses, subject to the above density calculations.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture
5. Accessory Residential Units, subject to the standards in section 18-2.3.040, except that the
maximum gross habitable floor area (GHFA) of the accessory residential unit not exceed 50% of
the GHFA of the primary residence on the lot, and shall not exceed 750 sq. ft. GHFA, and
second story accessory residential units constructed above a detached accessory building shall
not exceed 500 sq. ft. GHFA.
F. Floodplain Corridor.
Developments including lands within the identified floodplain corridor,
including street development, shall comply with the following requirements:
1. A hydrologic study prepared by a geotechnical expert shall be submitted concurrently with
specific development proposals indicating the impact of the development on the floodplain
corridor, and all efforts to be taken to mitigate negative impacts from flooding in the area of the
floodplain corridor and areas of historic flooding.
2. The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate flood
protection measures, as determined by a geotechnical expert, in the overall design of the new
street. Such protection measures shall address flooding in the floodplain corridor and in areas of
historic flooding.
3. A grading plan for the overall development, indicating grade relationships between the
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18-3.4 – North Mountain Neighborhood
development and the floodplain corridor, shall be included with the specific development
proposal. A statement shall be included, prepared by a geotechnical expert or licensed
surveyor, indicating that the finish grade for all buildable areas outside of the floodplain corridor
shall be at or above the Ashland floodplain corridor elevations indicated on the officially adopted
city maps.
G. Lot Coverage.
Maximum lot coverage is forty-five percent (45%).
18-3.4.070 Civic Spaces Zone NM-Civic
A. General Requirements.
Civic spaces identified on the Neighborhood Plan map shall be developed
as part of a specific project approval. If the project is proposed to be developed in phases, fifty (50)
percent of the area of the Civic Space shall be developed in the first phase with the remainder of
the area to be developed prior to building permit issuance for two-thirds (2/3) of the project's units.
B. Permitted Uses of Civic Spaces.
The following uses are permitted:
1. Community Services.
2. Recreation and Open Space.
3. Agriculture, including community garden space.
18-3.4.080 Open Spaces Zone NM-O
A. General Requirements.
Open spaces identified on the Neighborhood Plan map shall be developed
as part of a specific project approval. If the project is proposed to be developed in phases, fifty (50)
percent of the area of the Open Space shall be developed in the first phase with the remainder of
the area to be developed prior to building permit issuance for two-thirds 2/3 thirds of the project's
units.
18-3.4.090 North Mountain Greenway Zone NM-G
A. Applicability.
All projects containing land identified on the North Mountain Neighborhood Plan map
as part of the North Mountain/Bear Creek Greenway shall dedicate that area so designated to the
City of Ashland for park purposes. It is recognized that previous zone changes allowing increases in
allowable development density (up-zoning) as part of the North Mountain Neighborhood Plan
imparted significant value to properties, and the required dedication of those lands within the North
Mountain/Bear Creek Greenway for park purposes is both necessary based on the impacts of
planned development and proportional to the value bestowed upon the property through the change
in zoning designation.
B. Dedication on Final Survey Plat.
The dedication of lands within the North Mountain/Bear Creek
Greenway shall be indicated on the final survey plat accompanying all partitions, subdivisions and
Performance Standards developments.
C. Development Restrictions.
It is recognized that lands within the North Mountain/Bear Creek
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18-3.4 – North Mountain Neighborhood
Greenway are identified as part of Ashland's Floodplain Corridor Lands, and are prohibited from
further development, except as outlined in the Physical and Environmental Constraints chapter.
D. Prohibition of Density Transfer.
No transfer of density from lands identified within the North
Mountain/Bear Creek Greenway shall be permitted. It is recognized that the up-zoning associated
with the North Mountain Neighborhood Plan accommodated such transfers.
E. Greenway Drive.
The design of Greenway Drive, as indicated on the neighborhood plan, shall
incorporate flood protection measures, as determined by a geotechnical expert, in the overall
design of the new street. Such protection measures shall address flooding in the floodplain corridor
and in areas of historic flooding.
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18-3.4 – North Mountain Neighborhood
18-3.4.100 Site Plan and Architectural Review Procedure
Comment:
The applicability and approval sections are revised for clarity and enforceability.
A. Applicability.
The following planning applications shall comply with applicable North Mountain
Neighborhood Design Standards and all other requirements outlined in the Site Design and Use
Standards chapter 18-5.2.
1. Developments Requiring Site Plan Approval under the chapter 18-5.2.
2. Performance Standards Option Developments. In addition to the submittal requirements for
Final Plan approval, per chapter 18-3.8, the applicant shall provide typical elevations
incorporating the architectural elements described in the North Mountain Neighborhood Design
Standards for all proposed buildings.
3. Partitions.
B. Review and Approval Procedure.
All land use applications shall be reviewed and processed in
accordance with the applicable procedures of Part 18-5.
C. Supplemental Approval Criteria.
In addition to the criteria for approval required by other sections
of this ordinance, applications within the NM district shall also meet the following criteria:
1. The application demonstrates conformity to the general design requirements of the North
Mountain Neighborhood Plan, including density, transportation, building design, and building
orientation.
2. The application complies with the specific design requirements as provided in the North
Mountain Neighborhood Design Standards.
18-3.4.110 Site Development and Design Standards
Comment:
The following carries forward and revises the existing North Mountain Neighborhood Design
Standards. The housing standards are revised to make them clear and objective – changes in the content of the
standards is noted in comment boxes below. The background narrative and non-regulatory text has been
removed. Definitions will be relocated to 18-6.
A. Housing.
The following design standards apply to residential developments. While the standards
are specific, the intent is not to limit innovative design, but rather provide a framework for clear
direction and minimum standards.
The street-facing elevations of residential buildings shall be broken with
1. Architectural Design.
reveals, recesses, trim elements and other architectural features to avoid the appearance of a
blank wall. In addition, at least two (2) of the following design features must be provided along
the front of each residence.
a. Dormers
b. Gables
c. Recessed entries
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18-3.4 – North Mountain Neighborhood
d. Covered porch entries
e. Cupolas
f. Pillars or Posts
g. Bay window (min. 12” projection)
h. Eaves (min. 6” projection)
i. Off-sets in building face or roof (min. 16”)
2. Orientation. Dwellings shall be designed with a primary elevation oriented towards a street.
Such elevation shall have a front door, framed by a simple porch or portico, porch, or other
design feature clearly visible from the street to promote natural surveillance of the street.
3. Repetitive Elevations. Excessive repetition of identical floor plans and elevations shall be
discouraged.
4. Supplemental Setback Requirements for Garages and Accessory Structures. In addition to the
setback requirements of section 18-3.4.020 through 18-3.4.090, the following garage and
accessory structure setbacks are required, in order to promote an attractive streetscape where
garages and accessory structures are visually subordinate to primary dwellings:
a. Where no alleys are present, garages shall be located a minimum of fifteen (15) feet behind
the primary façade and a minimum of twenty (20) feet from the sidewalk.
b. Garages and accessory structures adjacent to an internal property line (i.e., neighbor’s
residence) shall maintain a minimum first floor side yard setback of four (4) feet and a
second floor setback of six (6) feet, excluding dormers.
c. No side yard setback is required where when two (2) or more garages adjoin along are
attached by a common wall between the property lines.
d. Garage or accessory structures accessed from the alley shall have a minimum rear yard
setback of four (4) feet. (See Illustration A-6 & 7).
e. The maximum allowed width of a garage opening is twenty-two (22) feet. Expansion of the
garage’s depth is allowed should be considered for additional storage needs.
f. Common wall garages (i.e., adjacent garage openings), and dwellings with more than one
garage openings, where the total width of adjacent garage openings exceeds twenty-two
(22) feet, shall have at least one garage opening recessed behind the other(s) by not less
than three (3) feet.
Comment:
The following terracing standard is revised to say “shall be minimized” (instead of should be
minimized), with the qualified “to the extent practicable.”
5. Terracing. Grading for new homes and accessory structures shall be minimized and building
designs shall respond to the natural grade, to the extent practicable, pursuant to the following
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18-3.4 – North Mountain Neighborhood
guidelines:
a. Terracing, as shown in Illustration A-8 to the right, should be incorporated into the design of
each lot’s development. “Terraces” help ease transition between the public and private
space.
b. In determining whether grading is minimized and building designs are practicable, this
standard shall not be interpreted so as to preclude permitted housing at planned densities.
6. Porches. Where practicable, porches shall be incorporated into building designs within the North
Mountain Neighborhood, in order to promote a sense of place, socialization, and natural
surveillance of the street. Porches shall be large enough to allow at least one person to sit
facing the street – eight (8) feet wide – and deep enough to allow a person to stand while the
door is opening – six (6) feet deep. Porches with dimensions less than 8’ X 6’ are often used as
storage areas for bike, barbecues, etc., and do not realistically function as “outdoor rooms” (see
Illustration A-9).
Comment:
The following driveway width standard is revised to say “shall be no greater” (instead of
should be no greater), and to state “measured at sidewalk” (instead of at street) because driveway aprons
typically extend driveway width at the roadway.
7. Driveways. In order to minimize impervious surfaces, increase opportunities for on-street
parking and street trees, and provide a visually attractive streetscape that comfortably
accommodates pedestrians, driveways for single dwellings shall be no greater than nine (9) feet
wide, measured at the sidewalk. Where no alley is present and garages for multiple dwellings
share a common wall (e.g., townhomes), a common driveway twelve (12) feet in width may be
used but shall serve as a shared drive for paired garages.
Comment:
The current standard for detached accessory residential units (e.g. backyard cottages or
garage apartments) is somewhat ambiguous.
“Considerate design and placement standards shall be incorporated into the development of accessory
residential units. When adjacent to side property line, the second floor area should be staggered and
minimized. However, with the addition of a dormer, this point could be achieved without an additional
setback or minimizing the floor area.”
The standard below is revised for clarity.
8. Accessory Residential Units. When a detached accessory dwelling unit is adjacent to a
residential property:
a. A visual buffer shall be provided using window placement, a sight obscuring fence and/or
vegetation; and
b. Within five (5) feet of a side property line, the second floor area of the unit shall be
staggered and step-back an additional five (5) feet or contain other detailing, in order to
break up the mass of the building. With the addition of a dormer, this standard can be met
without the step-back or reduced floor area.
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18-3.4 – North Mountain Neighborhood
B. Neighborhood Central.
In addition to the following, refer to the site design and development
standards of chapter 18-3.
Comment:
The following SDUS guidelines are revised for clarity.
1. Transitional Architectural Design. Buildings developed for residential use shall be designed and
constructed in a way that allows a simple transition to commercial use, for example, through
appropriate floor-to-ceiling heights and location of HVAC and other building systems.
2. Architectural Character. The architectural character of commercial buildings should reflect their
importance as a focus of the North Mountain Neighborhood. Rather than taking on a residential
appearance, these buildings should emulate a traditional storefront appearance. Ashland has
many storefront buildings, which should be looked at for reference but not duplication. These
building have a simple and flexible form, yet have a strong architectural identity.
3. Building Setbacks & Height. Buildings shall be built up to the front and side property lines. Along
the front, exceptions will be allowed to create courtyards, seating areas for cafes, or other
special uses (see Illustration B-3). These areas should be designed to further the activity along
the streets. Arcades, awnings, bays, and balconies shall extend over walkways to form a
continuous covered walk. In only rare cases should the façade of the second story extend
beyond the first floor's front setback.
4. Side Setbacks. A side yard setback should only be considered where the building is adjacent to
a residential zone or a pedestrian accessway connects to a rear parking area. A side yard
setback accommodating a rear parking area shall only occur at mid-block between two buildings
(see Illustration B-4).
5. Transit Facilities. The neighborhood central area will need a transit shelter. The general design
of the facility should be consistent with the City's adopted bus shelter design. While transit
service is not presently available to the neighborhood, the overall density of the area will
ultimately support it, and the integration of the transit shelter within the neighborhood central
area will further its use.
Second story apartments over ground floor shops are encouraged wherever
6. Mixed Uses.
practicable. Bays and balconies are encouraged to provide outlooks and create an articulated
rhythm and visual interest (see Illustration B-7).
C. Street Types and Design
. Several types of residential streets are planned for in the North
Mountain Neighborhood. These streets would extend through the planned area to accommodate
not only multi-modal movement, but also a variety of circulation options.
1. Greenway Drive. The Greenway Drive, as shown in Illustration C-1, has a 49-foot right-or-way,
which provides for a travel surface of 28 feet, an 8-foot planting strip, and sidewalks on each side.
The sidewalk on the residential side is 5 feet and on the side of the Bear Creek Greenway an 8-foot
sidewalk is shown. In cases where medians are identified on the North Mountain Neighborhood
Plan, the median width shall be 8 feet and the two travel lanes 10 feet.
2. Neighborhood Access Street. The primary type of street traversing the neighborhood is the
Neighborhood Access Street. This street has a 48-foot right-of-way, which provides for a 15-foot
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18-3.4 – North Mountain Neighborhood
travel surface, 7-foot parking bays, and 8-foot planting strips and 5-foot sidewalks on each side (see
Illustration C-2).
. One of the most important features making up the neighborhood is the alley. Alleys allow
3. Alleys
parking to be located at the property's rear and diminish the negative impact of garages proliferating
along street frontages, reduces pedestrian and vehicle conflicts at curb-cuts, and reduces
impervious hard surface. In addition, homes, instead of garages, fill the street frontages, providing
maximum opportunity for social interaction. The alley cross section (C-3), within a 20-foot right-of-
way, contains a 12-foot wide improved alley with 4-foot planted or graveled strips or shoulders. The
minimum rear setback for garages and accessory structures, including accessory residential units,
fronting an alley is 4 feet.
4. Pedestrian Accessways. The Pedestrian Accessway, separate from the Bear Creek multi-use path,
provides a direct and convenient alternative route. The accessway, which is contained in a 12-foot
right-of-way (C-3) is intended to be similar to the Alice Peil Walkway located off Granite Street.
5. Neighborhood Commercial Street. As a focal point of the North Mountain Neighborhood, the
commercial street area should portray a strong "sense of place.” This is the place where neighbors
will comfortably socialize on the sidewalk or plaza area before and after they patronize
neighborhood businesses. The neighborhood's commercial street cross section (C-5) provides for
an improved 45-foot wide right-of-way with a 10-foot wide sidewalk, a 17-foot deep parking space
(angled 60 degrees), and an 18-foot, one way, travel lane. Street trees planted within the sidewalk
and between the parking area and the pedestrian path are also included. The appropriate tree
spacing should be no greater than 30 feet.
6. North Mountain Avenue. As the entrance to the neighborhood and the primary access route, North
Mountain Avenue shall have significant design components that evoke a welcome and inviting
feeling. Illustration C-6 identifies a tree-lines street, which provides, not only an efficient vehicle,
bicycle and pedestrian thoroughfare, but also creates an attractive environment.
7. Planter Strips. All development fronting on streets shall be required to plant street trees in
accordance with the Street Tree Standards of chapter 18-4.5 Landscaping and Screening. Large
stature street trees should be used to provide a canopy effect for residential streets, while smaller
stature trees may be more appropriate along alley frontages. The planting strips will also be planted
with low lying ground cover and street trees that cantilever over the travel lanes and sidewalks.
8. Street Lighting. North Mountain, East Nevada, Greenway Drive (new), and streets within the
Neighborhood Commercial zone shall incorporate pedestrian scaled lighting as shown in the
Illustration C-8. Light poles and illuminating fixtures shall be decorative in design and shall be
similar in design to the lights on Oak Street, between "A" and "B" Streets. Wherever possible, light
poles shall be centered within the planter strips and between street trees to increase illumination
cast on the sidewalk and street, and light bollards shall be used to illuminate pedestrian
accessways. Lighting fixtures for pedestrian use along residential streets and alley may be attached
to building walls, porches, carports or patio walls.
Outdoor hardscape elements such as benches, bollards, trash receptacles,
9. Street Furniture.
mailboxes, light poles, etc. shall be consistent throughout the project area. The use of treated,
stained wood, indigenous stone or rock, exposed aggregate concrete and painted steel is
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18-3.4 – North Mountain Neighborhood
acceptable for the construction of street furniture.
D. Open Space and Neighborhood Focal Point.
1. Open Space. A variety of open space types are located within the North Mountain Neighborhood
and each type should be designed based upon its environmental impact and benefiting attributes.
Open space types within the area include the Bear Creek Floodplain, pocket parks, pedestrian
access ways, a commercial common (plaza) and street medians. Each type of open space shall be
accessible to the general public at all times. Development of open spaces shall be as follows.
a. Except for pedestrian accessways and a small picnic area, use of the Bear Creek Floodplain
shall be kept to a minimum. No buildings shall be permitted the area except for a small gazebo
type structure associated with the picnic area.
b. Whenever possible, pocket parks and pedestrian access ways shall be linked to formulate a
more interesting and inevitable alternative. Each should be designed around natural features
minimizing their impact, but increasing their appeal. Developments fronting these areas are
encouraged as long as vehicular access is from an alley.
c. Street medians or small pocket medians shall be designed with large stature trees, shrubs and
perennial flowers as an accent (see Illustration D-2). Use of turf shall be minimized wherever
possible. An irrigation system shall be installed at the time of plant installation.
d. A plaza or commons area, similar to the plaza in the downtown shall be incorporated within the
Neighborhood Commercial Zone. The area shall be designed to provide adequate shading for
comfortable midday summer use and sunny areas for winter use. Hardscape areas shall be
centrally located, but minimized whenever possible. Benches, news racks, kiosks and other
street furniture shall be located within the area.
e. The area shall enclose and define the central space of the commercial core. The relationship of
the maximum height of the surrounding buildings to the width of the plaza area should fall
between a 1:1 and 1:5 ratio to assure special definition (see Illustration D-3).
2. Neighborhood Focal Point. The intersection of Greenway Drive and North Mountain Avenue should
serve as a neighborhood focal point. Special right-of-way design considerations shall be
incorporated into the development of these streets, including but not limited to landscaping, special
paving patterns, and a neighborhood monument or gateway. (See Illustration D-4.)
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18-3.5 – Southern Oregon University District
Chapter 18-3.5 – Southern Oregon University District
Sections:
18-3.5.010 Purpose
18-3.5.020 Applicability
18-3.5.030 Permitted Uses
18-3.5.040 Conditional Uses
Comment:
The following carries forward and edits 18.64. An “Applicability” section is added for consistency with
other chapters. The definition of SOU Plan is relocated to 18-6.
18-3.5.010 Purpose
This district is designed to provide for the unique needs of Southern Oregon University (SOU) as a
State educational institution functioning within the planning framework of the City. It can be applied to
all areas now or hereinafter owned by the State of Oregon acting by and through the State Board of
Higher Education, and SOU and located with the SOU boundary, as shown on the SOU Plan, adopted
by SOU and approved by the City.
18-3.5.020 Applicability
A. This chapter applies to properties designated as SO on the City of Ashland Zoning Map. The
Southern Oregon University (SOU) district implements the Campus Master Plan Update for
Southern Oregon University dated April 12, 2010, with all conditions added by the City Planning
Commission and City Council, as adopted and incorporated into the Ashland Comprehensive Plan
by Ordinance No. 3014 on June 1, 2010. It can be applied to all areas now or hereinafter owned by
the State of Oregon acting by and through the State Board of Higher Education, and SOU and
located with the SOU boundary, as shown on the SOU Plan, adopted by SOU and approved by the
City.
B. This chapter, together with chapters 18-5.2 Site Review, 18-4.4 Off-Street Parking, and 18-4.9
Signs are the only portions of this ordinance to be effective within the SOU zone; except that areas
within fifty (50) feet of privately owned land are subject to chapter 18-5.4 Conditional Use Permits.
In addition, the creation or vacation of public streets or public ways shall be subject to mutual
agreement between the City and SOU and all other applicable laws.
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18-3.5 – Southern Oregon University District
18-3.5.030 Permitted Uses
Permitted uses are as follows:
A. Uses permitted outright are all those which are directly related to the educational functions of SOU,
provided that such uses are indicated and located in conformance with the adopted and City
approved SOU Plan, and are greater than fifty (50) feet from privately owned property.
B. Wireless Communication Facilities authorized pursuant to chapter 18-4.14.
18-3.5.040 Conditional Uses
Uses subject to approval of a conditional use permit, per chapter 18-5.4, are as follows:
A. Any use, site design, or construction or alteration of same not agreed upon in advance by the City
and SOU in the SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately owned property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not permitted outright and authorized pursuant to chapter 18-
4.14.
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Land Use Ordinance
18-3.6 – Airport Overlay (A)
Chapter 18-3.6 Airport Overlay
Sections:
18-3.6.010 Purpose
18-3.6.020 Applicability
18-3.6.030 Airport Overlay Regulations
Comment:
The following carries forward and edits the existing provisions of 18.56.030.
18-3.6.010 Purpose
The Airport Overlay is intended to be applied to properties that lie within close proximity to the Ashland
Airport where aircraft are likely to be flying at relatively low elevations. Further, the zone is intended to
prevent the establishment of airspace obstructions in such areas through height restrictions and other
land use controls. Application of the overlay zone does not alter the requirements of the parent zone
except as specifically provided herein
.
18-3.6.020 Applicability
This chapter applies to properties located in the Airport Overlay (A) on the City of Ashland Zoning map.
In addition to the provisions of this title, the requirements of section 18-3.6.030 apply within the A
Overlay.
18-3.6.030 Airport Overlay Regulations
A. Residential uses are not permitted, unless approved pursuant to chapter 18-5.4 Conditional Use
Permits.
B. Maximum height of structures, trees or other airspace obstructions shall be twenty (20) feet.
C. All planning actions will require, as a condition of approval that the applicant sign an agreement with
the City agreeing that airport noise is likely to increase in the future and that they waive all rights to
complain about airport noise.
D. The City may top any tree that is in excess of those maximum heights listed in section18-3.6.030.B,
or locate appropriate lights or markers on those trees as a warning to the operators of aircraft.
E. No use shall be made of land or water within any of this zone in such a manner as to create
electrical interference with navigational signals or radio communication between airport and aircraft,
make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes
of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise create a hazard
which may in any way endanger the landing, takeoff, or maneuvering of aircraft using the airport.
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Land Use Ordinance
18-3.7 – Freeway Sign Overlay (FS)
Chapter 18-3.7 Freeway Sign Overlay
Sections:
18-3.7.010 Purpose
18-3.7.020 Applicability
18-3.7.030 Freeway Sign Overlay Regulations
Comment:
The following carries forward and edits the existing provisions of 18.96.100.
18-3.7.010 Purpose
The Freeway Sign Overlay provides for and regulates certain ground signs that identify businesses in
commercial districts located at freeway interchanges.
18-3.7.020 Applicability
This chapter applies to properties located in the Freeway Sign Overlay (FS) on the City of Ashland
Zoning Map. In addition to the provisions of chapter 18-4.9 Sign Regulations, the requirements of
section 18-3.7.030 apply within the FS Overlay.
18-3.7.030 Freeway Sign Overlay Regulations
The following regulations apply within the FS Overlay:
1. One freeway sign shall be permitted for each lot in addition to the signs allowed by chapter 18-4.9
Signs.
2. Signs shall not exceed an area of one hundred (100) square feet per sign.
3. Signs shall not exceed a height of 2,028 feet above mean sea level.
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Land Use Ordinance
18-3.8 – Performance Standards Option and PSO Overlay
Chapter 18-3.8 – Performance Standards Option and PSO Overlay
Sections:
18-3.8.010 Purpose and Intent
18-3.8.020 Applicability
18-3.8.030 PSO Overlay
18-3.8.040 Review Procedures and Criteria Procedure for Approvals
18-3.8.050 Performance Standards for Residential Developments
18-3.8.050Street Standards
18-3.8.060 Parking Standards
18-3.8.070 Setbacks and Lot Coverage
18-3.8.080 Performance Standards Guidelines
Comment:
This chapter is carried forward from chapter 18.88, edited, and reordered for a more logical flow. The
street standards apply to all development in the city and as a result, are relocated to the street standards in 18-4.
Definitions for Performance Standards are relocated to 18-6.
18-3.8.010 Purpose
The purpose of this chapter is to allow an option for more flexible design than is permissible under the
conventional zoning codes. The design should stress energy efficiency, architectural creativity and
innovation; use the natural features of the landscape to their greatest advantage; provide a quality of
life equal to or greater than that provided in developments built under the standard zoning codes; be
aesthetically pleasing; provide for more efficient land use; and reduce the impact of development on the
natural environment and neighborhood.
18-3.8.020 Applicability
Comment:
The following carries forward 18.88.100. The Performance Standards option can be used to divide
property larger than two acres per the current code or that has environmental constraints (see 18.3.8.070.D). As a
result, language was added clarifying that the Performance Standard option can be used for both residential and
non-residential land divisions.
Developments exercising the Performance Standards option, including developments that are required
to apply the option pursuant to this ordinance, shall meet the provisions of this chapter and all other
applicable sections of this ordinance; except that developments subject to this chapter are not required
to meet the minimum lot size, lot width, lot depth and setback standards of Part 18-2, and other
standards as specifically provided by this chapter. The Performance Standards option may be used to
divide residential and non-residential zoned land. All public improvements and commonly owned areas
in a Performance Standards development shall follow the same procedure as a subdivision for bonding.
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18-3.8 – Performance Standards Option and PSO Overlay
18-3.8.030 PSO-Overlay
Comment:
The following carries forward and edits 18.88.080. An statement referencing overlay as shown on the
zoning map is added for clarity and consistency.
A. Purpose.
The purpose of the PSO overlay is to distinguish between those areas that have been
largely developed under the subdivision code, and those areas, which, due to the undeveloped
nature of the property, sloping topography, or the existence of vegetation or natural hazards, are
more suitable for development under Performance Standards.
B. Applicability.
This chapter applies to properties located in the Performance Standards Option
Overlay (PSO) as depicted on the City of Ashland Zoning Map. All developments in PSO overlay,
other than partitions and development of individual dwelling units, shall be processed under chapter
18-3.8. The minimum number of dwelling units for a Performance Standards Subdivision within
residential zoning districts is three (3).
C. Permitted Uses.
In a PSO overlay, the granting of the application shall be considered an outright
permitted use, subject to review by the Commission for compliance with the standards set forth in
this ordinance and the guidelines adopted by the Council.
D. Development Outside PSO-overlay.
If a parcel is not in a PSO overlay, then development under
this chapter may only be approved if one or more of the following conditions exist:
1. The parcel is larger than two acres and is greater than 200 feet in average width; or
2. That development under this chapter is necessary to protect the environment and the
neighborhood from degradation which would occur from development to the maximum density
allowed under subdivision standards, or would be equal in its aesthetic and environmental
impact; or
3. The property is zoned R-2, R-3 or CM.
18-3.8.040 Review Procedures and Criteria Procedure for Approvals
Comment:
The following is carried forward from 18.88.030. This section has been reordered for better flow, but
the content is not changed.
Review Steps
. There are two required steps to Performance Standards Options and PSO Overlay
approval, which may be completed individually or combined for concurrent review pursuant to
18.3.8.040.A:
1. Application for outline plan approval; and
2. Application final plan approval.
Permitting and guarantees for public improvements, including bonding, and the creation of common
areas shall follow the same procedures as for a subdivision.
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18-3.8 – Performance Standards Option and PSO Overlay
A. Outline Plan.
A proposed Outline Plan shall accompany applications for subdivision approval under
this chapter. For developments of fewer than 10 lots, the Outline Plan may be filed concurrently with
the Final Plan, as that term is defined in 18-3.8.040.B.4. For developments of 10 or more lots, prior
Outline Plan approval is mandatory.
. A Type II procedure, as defined in this ordinance, shall be used for the
1. Review Procedure
approval of the outline plan.
2. ContentsApplication Submission Requirements. The contents for an outline plan shall be as
follows. The following information is required for a Performance Standards Subdivision Outline
Plan application submittal:
a. A topographic map showing contour intervals of five (5) feet.
b. The proposed land uses and approximate locations of the existing buildings to be retained,
the proposed structures on the site, the proposed and existing property lines and easements
on the site, and existing buildings, structures, and trees greater than six (6) inches in
diameter measured at breast height on the properties adjacent to the site, and all buildings
within one hundred sixty (160) feet of the site boundaries.
c. The locations of all proposed thoroughfares, walkways, and parking facilities.
d. Public uses, including schools, parks, playgrounds, open spaces and trails.
e. Public or private utilities.
f. General areas of cuts and fill.
g. The location of natural features such as rock outcroppings, marshes, wooded areas, and
isolated preservable trees.
h. The location and direction of all watercourses and areas subject to flooding.
i. Plans shall indicate building envelopes for all proposed lots, which show the area and
maximum height of improvements, including solar access and view protection where
required.
Comment:
Elevation wording is simplified for clarity. Elevations are not required for nonresidential structures at
the subdivision stage because more detailed elevations and building design is addressed through the required
Site Review process.
j. Elevation drawings of all typical proposed structuresexcept single-family, detached
residences which meet parent zone setbackrequirements. Elevations of typical proposed
residential structures. Elevations should be to scale and should include the approximate
dimensions of the proposed structures and all attached exterior hardware for heating and
cooling.
k. A written statement containing an explanation of:
i. The character of the proposed development and the manner in which it has been
designed to take advantage of the Performance Standards concept.
ii. The proposed manner of financing.
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18-3.8 – Performance Standards Option and PSO Overlay
iii. The present ownership of all the land included within the development.
iv. The method proposed to maintain common open areas, buildings and private
thoroughfares.
v. The proposed time schedule of the development.
vi. The findings of the applicant showing that the development meets the criteria set forth in
this ordinance and the Ashland Comprehensive Plan.
4. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when
it finds the following criteria have been met:
a. The development meets all applicable ordinance requirements of the City of Ashland.
b. Adequate key City facilities can be provided including water, sewer, paved access to and
through the development, electricity, urban storm drainage, police and fire protection and
adequate transportation; and that the development will not cause a City facility to operate
beyond capacity.
c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds,
large trees, rock outcroppings, etc., have been identified in the plan of the development and
significant features have been included in the open space, common areas, and unbuildable
areas.
d. The development of the land will not prevent adjacent land from being developed for the
uses shown in the Comprehensive Plan.
e. There are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases
have the same or higher ratio of amenities as proposed in the entire project.
f. The proposed density meets the base and bonus density standards established under this
chapter.
g. The development complies with the Street Standards.
Comment:
The following language is deleted (shown in strikeout) because it repeats basic information covered in
the Part 5 Procedures.
5. Approval of the Outline Plan.
a.To the extent allowed by statute, the Planning Commission may extend the public hearing to
gather more information.
a.The Planning Commission may approve or disapprove the outline plan and application or
require changes, or impose conditions of approval that it finds necessary to conform to the
standards of this ordinance and the purpose of this chapter. Approval of the Outline Plan
and application, and conditions of approval are final to all issues resolved at that time unless
appealed.
a. After the City approves an outline plan, which has had a public hearing, is approved and
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18-3.8 – Performance Standards Option and PSO Overlay
adopts any zone change necessary for the development, the developer may then file a final
plan in phases or in its entirety. However, a final plan may not be filed until the Council
adopts any zone change necessary for the development.
b. If an outline plan is phased, fifty (50%) percent of the value of the recreational amenities
shall be provided in the first phase and all recreational amenities shall be provided when
two-thirds (2/3) of the units are finished.
B. Final Plan
1. Procedure for approvalReview Procedure. Type I procedure, as defined in this Title, shall be
used for approval of final plans, unless an outline plan has been filed, in which case Type II
procedure shall be used, and the criteria for approval of an outline plan shall also be applied.
The final plan may be filed in phases as approved on the outline plan.
2. Phasing.
3. Expiration. If the final plan or the first phase of the outline plan is not approved within eighteen
(18) months from the date of the approval of the outline plan, then the approval of the plan is
terminated and void and of no effect whatsoever. Extensions may be granted as a Type I
procedure.
4. ContentsApplication Submission Requirements. The following information is required for a
Performance Standards Subdivision Final Plan application submittal. The final plan shall contain
a scae map or maps and a written document showing the following for developments:
a. A topographic map showing contour intervals of five (5) feet
b. Location of all thoroughfares and walks, their widths and nature of their improvements, and
whether they are to be public or private
c. Road cross-sections and profiles, clearly indicating the locations of final cuts and fills, and
road grades
d. The location, layout, and servicing of all off-street parking areas
e. The property boundary lines
f. The individual lot lines of each parcel that are to be created for separate ownership
g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the
location of the electric, gas, and telephone lines, telephone cable and lighting plans
h. Landscaping and tree planting plans with the location of the existing trees and shrubs which
are to be retained, and the method by which they are to be preserved
i. Common open areas and spaces, and the particular uses intended for them
j. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways,
playgrounds, schools or public buildings
k. A plan showing the following for each existing or proposed building or structure for all sites
except single-family, detached housing which meets the parent zone setbacks:
i. Its location on the lot and within the Planned Unit Development
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18-3.8 – Performance Standards Option and PSO Overlay
ii. Its intended use
iii. The number of dwelling units in each residential building
iv. Plans shall indicate building envelopes for all proposed lots, which show the area and
maximum height of improvements, including solar access and view protection where
required.
l. Elevation drawings of all typical proposed structures except single-family, detached
residences which meet parent zone setback requirements. Elevations of typical proposed
residential structures. Elevations should be to scale and should include the approximate
dimensions of the proposed structures and all attached exterior hardware for heating and
cooling.
m. Manner of financing
n. Development time schedule
o. If individual lots are to be sold, a final plat is required, similar to that required for a
subdivision, per chapter 18-5.3.
p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities, and plans
for street improvements and grading or earth-moving improvements.
q. The location of all trees over six (6) inches diameter at breast height, which are to be
removed by the developer. Such trees are to be tagged with flagging at the time of Final
Plan approval. See also, chapter 18-4.13 Tree Preservation and Protection.
5. Criteria for Final Plan Approval Approval Criteria for Final Plan. Final Plan approval shall be
granted upon finding of substantial conformance with the Outline Plan. Nothing in this provision
shall limit reduction in the number of dwelling units or increased open space provided that, if this
is done for one phase, the number of dwelling units shall not be transferred to another phase,
nor the open space reduced below that permitted in the outline plan.This substantial
conformance provision is intended solely to facilitate the minor modifications from one planning
step to another. Substantial conformance shall exist when comparison of the outline plan with
the final plan meets all of the following criteriashows that:
a. The number of dwelling units vary no more than ten (10%) percent of those shown on the
approved outline plan, but in no case shall the number of units exceed those permitted in
the outline plan.
b. The yard depths and distances between main buildings vary no more than ten (10%)
percent of those shown on the approved outline plan, but in no case shall these distances
be reduced below the minimum established within this Title.
c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan.
d. The building size does not exceed the building size shown on the outline plan by more than
ten (10%) percent.
e. The building elevations and exterior materials are in conformance with the purpose and
intent of this Title and the approved outline plan.
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f. That the additional standards which resulted in the awarding of bonus points in the outline
plan approval have been included in the final plan with substantial detail to ensure that the
performance level committed to in the outline plan will be achieved.
g. The development complies with the Street Standards.
h. Nothing in this section shall limit reduction in the number of dwelling units or increased open
space provided that, if this is done for one phase, the number of dwelling units shall not be
transferred to another phase, nor the open space reduced below that permitted in the outline
plan.
6. Any substantial amendment to an approved Final Plan shall follow a Type I procedure and be
reviewed in accordance with the criteria for above criteria.
18-3.8.050 Performance Standards for Residential Developments
Comment:
The following is carried forward from 18.88.040 and edited for clarity.
A. Base Densities.
The density of the development shall not exceed the density established by this
section. The density shall be computed by dividing the total number of dwelling units by the
acreage of the project, including land dedicated to the public. Fractional portions of the final answer,
after bonus point calculations, shall not apply towards the total density.
1. The base density, for purposes of determining density bonuses allowed under this section, is as
provided in Table 18-3.8.050:
Table 18-3.8.050 Base Densities for Determining Allowable Density
Bonus with Performance Standards Option
Zone Allowable Density (dwelling
units per acre)
WR-2 0.30 du/acre
WR-2.5 0.24 du/acre
WR-5 0.12 du/acre
WR-10 0.06 du/acre
WR-20 0.03 du/acre
RR-1 0.60 du/acre
RR-.5 1.2 du/acre
R-1-10 2.40 du/acre
R-1-7.5 3.60 du/acre
R-1-5 4.50 du/acre
R-1-3.5 7.2 du/acre
R-2 13.5 du/acre
R-3 20 du/acre
2. Open Space Required. All developments with a base density of ten (10) units or greater shall be
required to provide a minimum of five percent (5%) of the total lot area in Open Space; that area
is not subject to bonus point calculations, however, density bonuses shall be awarded to open
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space areas in excess of the 5% required by this subsection.
B. Density Bonus Point Calculations.
The permitted base density shall be increased by the
percentage gained through bonus points. In no case shall the density exceed that allowed under the
Comprehensive Plan. The maximum density bonus permitted shall be 60% (base density x 1.6),
pursuant to the following criteria:
1. Conservation Housing. A maximum 15% bonus is allowed – 100% of the homes or residential
units approved for development, after bonus point calculations, shall meet the minimum
requirements for certification as a Earth Advantage home, as approved by the Ashland
Conservation Division under the City’ s Earth Advantage program as adopted by resolution
2006-06.
2. Provision of Common Open Space. A maximum 10% bonus is allowed, pursuant to the
following:
a. Purpose. Common open spaces may be provided in the form of natural areas, wetlands,
playgrounds, active or passive recreational areas, and similar areas in common ownership.
All areas set aside for common open space may be counted for base density, unless
otherwise excluded by section 18-3.8.050.A.2. However, for the purposes of awarding
density bonus points, the Planning Commission shall consider whether or not the common
open space is a significant amenity to project residents, and whether project residents will
realistically interact with the open space on a day-to-day basis. The purpose of the density
bonus for common open space is to permit areas, which could otherwise be developed, or
sold as individual lots, to be retained in their natural state or to be developed as a
recreational amenity. It is not the purpose of this provision to permit density bonuses for
incidental open spaces that have no realistic use by project residents on a day-to-day basis.
b. Standard. Except as required for cottage housing developments, under subsection 5, below,
developments with fewer than ten (10) units that provide more than 2% of the project area
for common open space, or for developments of ten (10) units or greater that provide more
than 5% open space, a 1% bonus shall be awarded for each 1% of the total project area in
common open space.
3. Provision of Major Recreational Facilities. A maximum 10% bonus is allowed, pursuant to the
following:
a. Purpose. Points may be awarded for the provision of major recreational facilities such as
tennis courts, swimming pools, playgrounds, or similar facilities.
b. Standard. For each percent (1%) of total project cost devoted to recreational facilities, a 6%
density bonus may be awarded up to a maximum of 10% bonus. Total project cost shall be
defined as the estimated sale price or value of each residential unit times the total number of
units in the project. Estimated value shall include the total market value for the structure and
land. A qualified architect or engineer shall prepare the cost of the recreational facility using
current costs of recreational facilities.
Comment:
The affordable housing incentive is revised to provide two market rate units for every affordable unit,
per the Planning Commission input on the Policy Issues and Recommendations from the 2006 Land Use
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Ordinance Review. The current bonus is an equivalent increase in density as the percentage of affordable units
provided. The amendment was included in the previous draft, but the language was edited for clarity.
A density bonus for cottage housing is added per the Planning Commission discussion and recommendations of
the green development evaluation. The standards for cottage housing will be included in 18-2.
4. Affordable Housing. A maximum bonus of 35% is allowed, pursuant to the following: For every
percent of units that are affordable, an equivalent percentage of density bonus shall be allowed.
Developments shall receive a density bonus of two units for each affordable housing unit
provided. Affordable housing bonus shall be for residential units that are guaranteed affordable
-income persons in accord with the standards of section 18-2.5.070.
for moderate
5. Cottage Housing. In the R-1 zone, developments meeting the standards of section 18-2.3.085
Cottage Housing, two (2) cottage house units shall be allowed in place of each single-family
home allowed by the base density of the district. Duplexes are allowed and shall count as two
(2) cottage house units.
18-3.8.060 Parking Standards
Comment:
The following is carried forward from 18.88.060 and edited for clarity.
All development under this chapter shall conform to the following parking standards, which are in
addition to the requirements of chapter 18-4.4 Parking and Loading.
A. On-Street Parking Required.
At least one (1) on-street parking space per dwelling unit shall be
provided, in addition to the off-street parking requirements for all developments in an R-1 zone and
for all developments in R-2 and R-3 zones that create or improve public streets.
B. On-Street Parking Standards
. On-street parking spaces shall be immediately adjacent to the
public right-of-way on publicly or association-owned land and be directly accessible from public
right-of-way streets. On-street parking spaces shall be located within 200 feet of the dwelling that it
is intended to serve. In addition, on-street public parking may be provided pursuant to minimum
criteria established under section 18-4.3.060.A.
C. Signing of Streets.
The installation of "No Parking" signs regulating parking in the public right-of-
way and any other signs related to the regulation of on-street parking shall be consistent with the
Street Standards in 18-4.6.030, and shall be consistent with the respective City planning approval.
18-3.8.070 Setbacks and Lot Coverage
Comment:
The following is carried forward from 18.88.070 and edited for clarity.
All development under this chapter shall conform to the following setback standards, which are in
addition to the requirements of the applicable zone.
A. Front Yard Setback.
Front yard setbacks shall follow the requirements of the underlying district.
Comment:
The section on building separation is reworded for clarity, but the content is not changed.
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B. Building Separation.
The minimum separation between two buildings equals half of the height of
the tallest building, where height is measured at the two closest exterior walls, and the maximum
required separation is twelve (12) feet. See Table 18-2.5.030.A. One-half of the building height at
the wall closest to the adjacent building shall be required as the minimum width between buildings
on the same site, except within non-residential zoning districts including C-1, C-1-D, E-1, CM and
M-1.This standard does not apply to non-residential zoning districts including C-1, C-1-D, E-1, CM,
and M-1.
C.Solar Setback
. Solar setbacks shall meet the requirements of 18-4.
D. Perimeter Setback.
Setbacks along the perimeter of the development shall have the same
setbacks as required in the parent zone.
E. Building Envelope for Single-Family Structure.
Any single-family structure not shown on the plan
must meet the setback requirements established in the building envelope on the Outline Plan.
Comment:
The lot coverage section is new, and is added to clarify that lot coverage in a Performance Standards
Subdivision can be either calculated for each individual lot or on for the entire site. This is the approach that has
been used historically, but it is not currently stated in the ordinance.
F.Lot Coverage.
Lot coverage may be addressed on an individual lot basis, or for the entire site at
the time of subdivision application. In either option, the maximum lot coverage for the zone shall be
met. If lot coverage is calculated for the entire site, the Outline Plan application shall include the lot
coverage calculations as well as the lot coverage assigned to the individual lots.
18-3.8.080 Performance Standards Guidelines
Comment:
The following carries forward and edits 18.88.090.
The Council may adopt guidelines for Performance Standards developments by ordinance, following a
Legislative public hearing held by the Planning Commission. These guidelines may contain:
A. Minimum standards for Performance Standards developments, including energy and water efficient
housing standards; turn-around and other street standards; and minimum landscaping and design
standards.
B. Methods of achieving bonuses recommended by the Council.
C. Additional standards and recommendations regarding project and unit design and layout,
landscaping, street furniture, and other aesthetic considerations.
D. Interpretations of the intent and purpose of this chapter, applied to specific examples.
E. Other informational or educational materials the Council deems advisable.
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Chapter 18-3.9 Physical and Environmental Constraints Overlay
Sections
18-3.9.010 Purpose and Intent
18-3.9.020 Applicability
18-3.9.030 Application Submission Requirements
18-3.9.040 Approval Criteria
18-3.9.050 Land Classifications
18-3.9.060 Official Maps
18-3.9.070 Development Standards for Flood Plain Corridor Lands
18-3.9.080 Development Standards for Hillside Lands
18-3.9.090 Development Standards for Wildfire Lands
18-3.9.100 Development Standards for Severe Constraint Lands
18-3.9.110 Density Transfer
18-3.9.120 Penalties
Comment:
This chapter carries forward 18.62. Edits are limited to renumbering sections/subsections and minor
grammatical corrections (e.g., hyphenations, spelling, and commas). Definitions are relocated to 18-6.
18-3.9.010 Purpose and Intent
The purpose of this chapter is to provide for safe, orderly and beneficial development of districts
characterized by diversity of physiographic conditions and significant natural features; to limit alteration
of topography and reduce encroachment upon, or alteration of, any natural environment and; to provide
for sensitive development in areas that are constrained by various natural features. Physiographic
conditions and significant natural features can be considered to include, but are not limited to: slope of
the land, natural drainage ways, wetlands, soil characteristics, potential landslide areas, natural and
wildlife habitats, forested areas, significant trees, and significant natural vegetation.
18-3.9.020 Applicability
The type of regulation applicable to the land depends upon the classification in which the land is
placed, as provided in section 18-3.9.030. Where this chapter and any other ordinance (e.g. 18-2.10
Water Resource Protection Overlay), easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
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A Physical Constraints Review Permit is required for the following activities:
A. Development, as defined in 18-6, in areas identified as Flood Plain Corridor Land, Hillside Land, or
Severe Constraint Land. In addition all activities located within an area of special flood hazard are
subject to the provisions for a Development Permit under 15.10 Flood Damage and Prevention
Regulations.
B. Tree removal, as defined in 18-6, in areas identified as Flood Plain Corridor Land.
C. Commercial logging, in areas identified as Flood Plain Corridor Land, Hillside Land, or Severe
Constraint Land.
D. Tree removal, in areas identified as Hillside Land and Severe Constraint Land, except that a permit
need not be obtained for tree removal that is not associated with development, and done for the
purposes of wildfire management and carried out in accord with a Fire Prevention and Control Plan
approved by the Fire Chief.
E. If a development is part of a Site Review, Performance Standards Development, Conditional Use
Permit, Subdivision, Partition, or other Planning Action, then the Review shall be conducted
simultaneously with the Planning Action.
F. If a development is exclusive of any other Planning Action, as noted in subsection B, then the
Physical Constraints Review shall be processed as a Staff Permit.
G. Where it appears that the proposal is part of a more extensive development that would require a
master site plan, or other planning action, the Staff Advisor shall require that all necessary
applications be filed simultaneously.
18-3.9.030 Application Submission Requirements
Plans Required. The following plans shall be required for any development requiring a Physical
Constraints Review:
1. Plans shall contain the following:
a. Project name
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale
that fits on 22" x 34" paper. Multiple plans or layers shall be prepared at the same scale,
excluding detail drawings. The Staff Advisor may authorize different scales and plan sheet
sizes for projects, provided the plans provide sufficient information to clearly identify and
evaluate the application request.
d. North arrow.
e. Date.
f. Street names and locations of all existing and proposed streets within or on the boundary of
the proposed development.
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g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences and structures within the
proposed development. Indicate which buildings are to remain and which are to be
removed.
i. Location and size of all public utilities affected by the proposed development.
j. Location of drainage ways or public utility easements in and adjacent to the proposed
development, and location of all other easements.
k. Topographic map of the site at a contour interval of not less than two feet nor greater than
five feet – the topographic map shall also include a slope analysis, indicating buildable
areas, as shown in the graphic.
l. Location of all parking areas and spaces, ingress and egress on the site, and on-site
circulation
m. Accurate locations of all existing natural features including, but not limited to, all trees as
required in 18-3.9.070.D.1, including those of a caliper equal to or greater than six (6) inches
in diameter at breast height (dbh), native shrub masses with a diameter of ten (10) feet or
greater, natural drainage, swales, wetlands, ponds, springs, or creeks on the site, and
outcroppings of rocks, boulders, etc. Natural features on adjacent properties potentially
impacted by the proposed development shall also be included, such as trees with drip-lines
extending across property lines. In forested areas, it is necessary to identify only those trees
that will be affected or removed by the proposed development. Indicate any contemplated
modifications to a natural feature, including trees, method of erosion control, water runoff
control, and proposed tree protection for the development as required by this chapter.
o. Building envelopes for all existing and proposed new parcels that contain only buildable
area, as defined by this chapter.
p. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts, fills, driveways, building sites, and
other construction areas. Indicate total area of disturbance, total percentage of project site
proposed for disturbance, and maximum depths and heights of cuts and fill.
r. Location for storage or disposal of all excess materials resulting from cuts associated with
the proposed development.
s. Applicant name, firm preparing plans, person responsible for plan preparation, and plan
preparation dates shall be indicated on all plans.
t. Proposed timeline for development based on estimated date of approval, including
completion dates for specific tasks.
2. Additional plans and studies as required in sections 18-3.9.060, 18-3.9.070, 18-3.9.080 and 18-
3.9.090 of this chapter.
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18-3.9.040 Approval Criteria
The Staff Advisor shall issue a Physical Constraints Review Permit on finding the application
demonstrates the following:
A. Through the application of the development standards of this chapter, the potential impacts to the
property and nearby areas have been considered, and adverse impacts have been minimized.
B. That the applicant has considered the potential hazards that the development may create and
implemented measures to mitigate the potential hazards caused by the development.
C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment.
Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or
Planning Commission shall consider the existing development of the surrounding area, and the
maximum development permitted by this ordinance.
18-3.9.050 Land Classifications
The following factors shall be used to determine the classifications of various lands and their
constraints to building and development on them:
A. Flood Plain Corridor Lands - Lands with potential stream flow and flood hazard. The following lands
are classified as Flood Plain Corridor Lands:
1. All land contained within the 100 year Flood Plain as defined by the Federal Insurance
Administration and identified in the Flood Insurance Map (FIRM) adopted by the Council as
provided for in chapter 15.10 of the Ashland Municipal Code.
2. All land within the area defined as Flood Plain Corridor Land in maps adopted by the Council as
provided for in section 18-3.9.060.
3. All lands which have physical or historical evidence of flooding in the historical past.
4. All areas within 20 feet (horizontal distance) of any stream identified as a Riparian Preservation
Creek on the Physical and Environmental Constraints Floodplain Corridor Lands map adopted
pursuant to section 18-3.9.060.
5. All areas within ten (10) feet (horizontal distance) of any stream identified as a Land Drainage
Corridor on the Physical and Environmental Constraints Floodplain Corridor Lands maps
adopted pursuant to section 18-3.9.060.
B. Hillside Lands - Hillside Lands are lands that are subject to damage from erosion and slope failure,
and which include areas that are highly visible from other portions of the city. The following lands
are classified as Hillside Lands: All areas defined as Hillside Lands on the Physical and
Environmental Constraints Hillside Lands and Severe Constraints map and which have a slope of
25% or greater.
C. Wildfire Lands - Lands with potential of wildfire. The following lands are classified as Wildfire Lands:
All areas defined as wildfire lands on the Physical and Environmental Constraints Wildfire Lands
map.
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D. Severe Constraint Lands - The following lands are classified as Severe Constraint Lands, which
have characteristics that severely limit normal development.
1. All areas that are within the floodway channels, as defined in chapter 15.10.
2. All lands with a slope greater than 35%.
E. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of
land falls under two or more classifications, it shall be subject to the regulations of each
classification. Those restrictions applied shall pertain only to those portions of the land being
developed and not necessarily to the whole parcel.
18-3.9.060 Official Maps
A. The City Council shall adopt official maps denoting the above-identified areas. Substantial
amendments of these maps shall be a Type 3 procedure.
B. Minor amendments of the maps to correct mapping errors when the amendments are intended to
more accurately reflect the mapping criteria contained in this chapter or in the findings of the
Council in adopting an official map may be processed as a Type 1 procedure.
18-3.9.070 Development Standards for Flood Plain Corridor Lands
For all land use actions that could result in development of the Flood Plain Corridor, the following is
required in addition to any requirements of chapter 15.10:
A. Standards for fill in Flood Plain Corridor Lands:
1. Fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and Oregon
Residential Specialty Code (ORSC), where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in
section 15.10, and the fill shall not exceed the angle of repose of the material used for fill.
3. The amount of fill in the Flood Plain Corridor shall be kept to a minimum. Fill and other material
imported from off the lot that could displace floodwater shall be limited to the following:
a. Poured concrete and other materials necessary to build permitted structures on the lot.
b. Aggregate base and paving materials, and fill associated with approved public and private
street and driveway construction.
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and shall not exceed the above
amounts. These amounts are the maximum cumulative fill that can be imported onto the
site, regardless of the number of permits issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials must
be obtained on the lot from cutting or excavation only to the extent necessary to create an
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elevated site for permitted development. All additional fill material shall be obtained from the
portion of the lot in the Flood Plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the outside edge of the
Flood Plain Corridor as feasible.
B. A crossing of any waterway identified on the official maps adopted pursuant to section 18-3.9.060
(e.g., for streets, property access or utilities) must be designed by an engineer. Stream crossings
shall be designed to the standards of chapter 15.10, or where no floodway has been identified, to
pass a one hundred (100) year flood without any increase in the upstream flood height elevation.
The engineer shall consider in the design the probability that the crossing will be blocked by debris
in a severe flood, and accommodate expected overflow. The crossing shall be at right angles to the
stream channel to the greatest extent possible. Fill for stream crossings shall be kept to the
minimum necessary to achieve property access, but is exempt from the limitations in subsection (A)
above.
C. Non-residential structures shall be flood-proof to the standards in chapter 15.10 to one foot above
the elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in
the official maps adopted by section 18-3.9.060, whichever height is greater. Where no specific
elevations exist, then they must be flood-proofed to an elevation of ten feet above the stream
channel on Ashland, Bear or Neil Creek; to five feet above the stream channel on all other Riparian
Preservation Creeks identified on the official maps adopted pursuant to section 18-3.9.060; and
three feet above the stream channel on all other Land Drainage Corridors identified on the official
maps adopted pursuant to section 18-3.9.060.
D. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one
foot above the elevation contained in the maps adopted in chapter 15.10, or to the elevation
contained in the official maps adopted pursuant to section 18-3.9.060, whichever height is greater.
Where no specific elevations exist, then they must be constructed at an elevation of ten feet above
the stream channel on Ashland, Bear, or Neil Creek; to five feet above the stream channel on all
other Riparian Preservation Creeks identified on the official maps adopted pursuant to section 18-
3.9.060; and three feet above the stream channel on all other Land Drainage Corridors identified on
the official maps adopted pursuant to section 18-3.9.060, or one foot above visible evidence of high
flood water flow, whichever is greater. An engineer or surveyor shall certify the elevation of the
finished lowest habitable floor prior to issuance of a certificate of occupancy for the structure.
E. To the maximum extent feasible, structures shall be placed on other than Flood Plain Corridor
Lands. In the case where development is permitted in the Flood Plain Corridor area, then
development shall be limited to that area which would have the shallowest flooding.
F. Existing lots with buildable land outside the Flood Plain Corridor shall locate all residential
structures outside the Corridor Land, unless 50% or more of the lot is within the Flood Plain
Corridor. For residential uses proposed for existing lots that have more than 50% of the lot in
Corridor Land, structures may be located on that portion of the Flood Plain Corridor that is two feet
or less below the flood elevations on the official maps, but in no case closer than 20 feet to the
channel of a Riparian Preservation Creek identified on the official maps adopted pursuant to section
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18-3.9.060. Construction shall be subject to the requirements in paragraph D above.
G. New non-residential uses may be located on that portion of Flood Plain Corridor Lands that equal to
or above the flood elevations on the official maps adopted in section 18-3.9.060. Second story
construction may be cantilevered or supported by pillars that will have minimal impact on the flow of
floodwaters over the Flood Plain Corridor for a distance of 20 feet if it does not impact riparian
vegetation, and the clearance from finished grade is at least ten feet in height. The finished floor
elevation may not be more than two feet below the flood corridor elevations.
H. All lots modified by property line adjustments, and new lots created from areas containing Flood
Plain Corridor Land, must have building envelopes containing buildable area of a sufficient size to
accommodate the uses permitted in the underling zone, unless the action is for open space or
conservation purposes. This section shall apply even if the effect is to prohibit further division of lots
that are larger than the minimum size permitted in the zoning ordinance.
I. Basements.
1. Habitable basements are not permitted for new or existing structures or additions located within
the Flood Plain Corridor.
2. Non-habitable basements, used for storage, parking, and similar uses are permitted for
residential structures but must be flood-proofed to the standards of chapter 15.10.
J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in
Flood Plain Corridor Lands.
K. Fences shall be located and constructed in accordance with section 18-3.10.060.B.3. Fences shall
not be constructed across any waterway or stream identified on the official maps adopted pursuant
to section 18-3.9.060. Fences shall not be constructed within any designated floodway.
L. Decks and structures other than buildings, if constructed on Flood Plain Corridor Lands and at or
below the levels specified in section 18-3.9.070.C and D, shall be flood-proofed to the standards
contained in chapter 15.10.
M. Local streets and utility connections to developments in and adjacent to the Flood Plain Corridor
shall be located outside of the Flood Plain Corridor, except for crossing the Corridor, except as
provided for in chapter 18-3.10 Water Resource Protection Zones, or in the Flood Plain Corridor as
outlined below:
1. Public street construction may be allowed within the Bear Creek Flood Plain Corridor as part of
development following the adopted North Mountain Neighborhood Plan. This exception shall
only be permitted for that section of the Bear Creek Flood Plain Corridor between North
Mountain Avenue and the Nevada Street right-of-way. The new street shall be constructed in
the general location as indicated on the neighborhood plan map, and in the area generally
described as having the shallowest potential for flooding within the corridor.
2. Proposed development that is not in accord with the North Mountain Neighborhood Plan shall
not be permitted to utilize this exception.
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18-3.9.080 Development Standards for Hillside Lands
It is the purpose of the Development Standards for Hillside Lands to provide supplementary
development regulations to underlying zones to ensure that development occurs in such a manner as
to protect the natural and topographic character and identity of these areas, environmental resources,
the aesthetic qualities and restorative value of lands, and the public health, safety, and general welfare
by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage,
flooding problems, and severe cutting or scarring. It is the intent of these development standards to
encourage a sensitive form of development and to allow for a reasonable use that complements the
natural and visual character of the City.
A. General Requirements. The following general requirements shall apply in Hillside Lands:
1. All development shall occur on lands defined as having buildable area. Slopes greater than 35%
shall be considered unbuildable except as allowed below. Variances may be granted to this
requirement only as provided in section 18-3.9.080.H.
a. Existing parcels without adequate buildable area less than or equal to 35% shall be
considered buildable for one unit.
b. Existing parcels without adequate buildable area less than or equal to 35% cannot be
subdivided or partitioned.
2. All newly created lots either by subdivision or partition shall contain a building envelope with a
slope of 35% or less.
3. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to
35% slope with the following exceptions:
a. The street is indicated on the City of Ashland Transportation System Plan Street Dedication
map.
b. The portion of the street, flag drive, or driveway on land greater than 35% slope does not
exceed a length of 100 feet.
4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or partitions,
the following additional information is required: A geotechnical study prepared by a geotechnical
expert indicating that the site is stable for the proposed use and development. The study shall
include the following information:
a. Index map.
b. Project description to include location, topography, drainage, vegetation, discussion of
previous work and discussion of field exploration methods.
c. Site geology, based on a surficial survey, to include site geologic maps, description of
bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and
structural data including bedding, jointing and shear zones, soil depth and soil structure.
d. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or
that may be affected by on-site development.
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e. Suitability of site for proposed development from a geologic standpoint.
f. Specific recommendations for cut and fill slope stability, seepage and drainage control or
other design criteria to mitigate geologic hazards.
g. If deemed necessary by the engineer or geologist to establish whether an area to be
affected by the proposed development is stable, additional studies and supportive data shall
include cross-sections showing subsurface structure, graphic logs with subsurface
exploration, results of laboratory test and references.
h. Signature and registration number of the engineer and/or geologist.
i. Additional information or analyses as necessary to evaluate the site.
j. Inspection schedule for the project as required in 18-3.9.080.B.9.
k. Location of all irrigation canals and major irrigation pipelines.
B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide
plans conforming to the following items:
1. All grading, retaining wall design, drainage, and erosion control plans for development on
Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform
to the International Building Code and be consistent with the provisions of this Title. Erosion
control measures on the development site shall be required to minimize the solids in runoff from
disturbed areas.
2. For development other than single family homes on individual lots, all grading, drainage
improvements, or other land disturbances shall only occur from May 1 to October 31.
Excavation shall not occur during the remaining wet months of the year. Erosion control
measures shall be installed and functional by October 31. Up to 30 day modifications to the
October 31 date, and 45 day modification to the May 1 date may be made by the Planning
Director, based upon weather conditions and in consultation with the project geotechnical
expert. The modification of dates shall be the minimum necessary, based upon evidence
provided by the applicant, to accomplish the necessary project goals.
3. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions,
and existing lots with an area greater than one-half acre, an area equal to 25% of the total
project area, plus the percentage figure of the average slope of the total project area, shall be
retained in a natural state. Lands to be retained in a natural state shall be protected from
damage through the use of temporary construction fencing or the functional equivalent. For
example, on a 25,000 sq. ft. lot with an average slope of 29%, 25%+29%=54% of the total lot
area shall be retained in a natural state. The retention in a natural state of areas greater than
the minimum percentage required here is encouraged.
4. Grading - cuts. On all cut slopes on areas classified as Hillside Lands, the following standards
shall apply:
a. Cut slope angles shall be determined in relationship to the type of materials of which they
are composed. Where the soil permits, limit the total area exposed to precipitation and
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erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional
equivalent to control erosion and provide slope stability when necessary. Where cut slopes
are required to be laid back (1:1 or less steep), the slope shall be protected with erosion
control getting or structural equivalent installed per manufacturers specifications, and
revegetated.
b. Exposed cut slopes (See Graphic), such as those for streets, driveway accesses, or yard
areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section
shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three
feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not
exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural
retaining walls shall be located a minimum setback of one-half the height of the cut slope
from the nearest property line. Cut slopes for structure foundations encouraging the
reduction of effective visual bulk, such as split pad or stepped footings shall be exempted
from the height limitations of this section.
c. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction
of top soil where necessary, and the use of irrigation if necessary. The vegetation used for
these areas shall be native, or species similar in resource value to native plants, which will
survive, help reduce the visual impact of the cut slope, and assist in providing long term
slope stabilization. Trees, bush-type plantings and cascading vine-type plantings may be
appropriate.
5. Grading and fills. On all fill slopes on lands classified as Hillside Lands, the following standards
shall apply:
a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not
utilizing structural retaining shall be a minimum of six feet from the nearest property line.
b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent.
Netting or blankets shall only be used in conjunction with an organic mulch such as straw or
wood fiber. The blanket must be applied so that it is in complete contact with the soil so that
erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to
the slope in accordance with manufacturer's recommendations.
c. Utilities. Whenever possible, utilities shall not be located or installed on or in fill slopes.
When determined that it necessary to install utilities on fill slopes, all plans shall be designed
by a geotechnical expert.
d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource
value and which will survive and stabilize the surface. Irrigation may be provided to ensure
growth if necessary. Evidence shall be required indicating long-term viability of the proposed
vegetation for the purposes of erosion control on disturbed areas.
6. Revegetation requirements. Where required by this chapter, all required revegetation of cut and
fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a
required survey plat, or other time as determined by the hearing authority. Vegetation shall be
installed in such a manner as to be substantially established within one year of installation.
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7. Maintenance, Security, and Penalties for Erosion Control Measures.
a. Maintenance. All measures installed for the purposes of long-term erosion control, including
but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in
perpetuity on all areas which have been disturbed, including public rights-of-way. The
applicant shall provide evidence indicating the mechanisms in place to ensure maintenance
of measures.
b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion Control
Plan is approved by the hearing authority and prior to construction, the applicant shall
provide a performance bond or other financial guarantees in the amount of 120% of the
value of the erosion control measures necessary to stabilize the site. Any financial
guarantee instrument proposed, other than a performance bond, shall be approved by the
City Attorney. The financial guarantee instrument shall be in effect for a period of at least
one year, and shall be released when the Planning Director and Public Works Director
determine, jointly, that the site has been stabilized. All or a portion of the security retained by
the City may be withheld for a period up to five years beyond the one year maintenance
period if it has been determined by the City that the site has not been sufficiently stabilized
against erosion.
8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following
factors:
a. No terracing shall be allowed except for the purposes of developing a level building pad and
for providing vehicular access to the pad.
b. Avoid hazardous or unstable portions of the site.
c. Avoid hazardous or unstable portions of the site.
d. Building pads should be of minimum size to accommodate the structure and a reasonable
amount of yard space. Pads for tennis courts, swimming pools and large lawns are
discouraged. As much of the remaining lot area as possible should be kept in the natural
state of the original slope.
9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of
the final survey plat on partitions, or issuance of a certificate of occupancy for individual
structures, the project geotechnical expert shall provide a final report indicating that the
approved grading, drainage, and erosion control measures were installed as per the approved
plans, and that all scheduled inspections, as per 18-3.9.070.A.4.j were conducted by the project
geotechnical expert periodically throughout the project.
C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the
following standards:
1. All facilities for the collection of stormwater runoff shall be constructed on the site and according
to the following requirements:
a. Stormwater facilities shall include storm drain systems associated with street construction,
facilities for accommodating drainage from driveways, parking areas and other impervious
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surfaces, and roof drainage systems.
b. Stormwater facilities, when part of the overall site improvements, shall be, to the greatest
extent feasible, the first improvements constructed on the development site.
c. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping
surfaces of a fill.
d. Existing natural drainage systems shall be utilized, as much as possible, in their natural
state, recognizing the erosion potential from increased storm drainage.
e. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where
practical to minimize increases in runoff volume and peak flow rate due to development.
Each facility shall consider the needs for an emergency overflow system to safely carry any
overflow water to an acceptable disposal point.
f. Stormwater facilities shall be designed, constructed and maintained in a manner that will
avoid erosion on-site and to adjacent and downstream properties.
g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields,
shall be designed by a registered engineer or geotechnical expert and approved by the
City’s Public Works Department or City Building Official.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the
following requirements:
1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be
prepared, which locates all trees greater than six (6) inches d.b.h., identified by d.b.h., species,
approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree
base elevations shall be provided. Dead or diseased trees shall be identified. Groups of trees in
close proximity (i.e. those within five feet of each other) may be designated as a clump of trees,
with the predominant species, estimated number and average diameter indicated. All tree
surveys shall have an accuracy of plus or minus two feet. The name, signature, and address of
the site surveyor responsible for the accuracy of the survey shall be provided on the tree survey.
Portions of the lot or project area not to be disturbed by development need not be included in
the inventory.
2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees
shall also be identified as to their suitability for conservation. When required by the hearing
authority, the evaluation shall be conducted by a landscape professional. Factors included in
this determination shall include:
a. Tree health. Healthy trees can better withstand the rigors of development than non-vigorous
trees.
b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in
damage to people and property.
c. Species. Species vary in their ability to tolerate impacts and damage to their environment.
d. Potential longevity.
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e. Variety. A variety of native tree species and ages.
f. Size. Large trees provide a greater protection for erosion and shade than smaller trees.
3. Tree Conservation in Project Design. Significant trees (2 ft. d.b.h. or greater conifers and 1 ft.
d.b.h. or greater broadleaf) shall be protected and incorporated into the project design whenever
possible.
a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be
located such that the maximum number of existing trees on the site are preserved, while
recognizing and following the standards for fuel reduction if the development is located in
Wildfire Lands.
b. Building envelopes shall be located and sized to preserve the maximum number of trees on
site while recognizing and following the standards for fuel reduction if the development is
located in Wildfire Lands.
c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection
areas.
4. Tree Protection. On all properties where trees are required to be preserved during the course of
development, the developer shall follow the following tree protection standards:
a. All trees designated for conservation shall be clearly marked on the project site. Prior to the
start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change
in ground elevation, the applicant shall install fencing at the drip line of all trees to be
preserved adjacent to or in the area to be altered. Temporary fencing shall be established at
the perimeter of the drip-line. Prior to grading or issuance of any permits, the fences may be
inspected and their location approved by the Staff Advisor. (See chapter 18-4.13 Tree
Preservation and Protection)
b. Construction site activities, including but not limited to parking, material storage, soil
compaction and concrete washout, shall be arranged so as to prevent disturbances within
tree protection areas.
c. No grading, stripping, compaction, or significant change in ground elevation shall be
permitted within the drip line of trees designated for conservation unless indicated on the
grading plans, as approved by the City, and landscape professional. If grading or
construction is approved within the drip-line, a landscape professional may be required to be
present during grading operations, and shall have authority to require protective measures
to protect the roots.
d. Changes in soil hydrology and site drainage within tree protection areas shall be minimized.
Excessive site run-off shall be directed to appropriate storm drain facilities and away from
trees designated for conservation.
e. Should encroachment into a tree protection area occur which causes irreparable damage,
as determined by a landscape professional, to trees, the project plan shall be revised to
compensate for the loss. Under no circumstances shall the developer be relieved of
responsibility for compliance with the provisions of this chapter.
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5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a
site. The development shall follow the standards for fuel reduction if the development is located
in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the
removal of trees for one or more of the following conditions:
a. The tree is located within the building envelope.
b. The tree is located within a proposed street, driveway, or parking area.
c. The tree is located within a water, sewer, or other public utility easement.
d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes
an unacceptable hazard to life or property when evaluated by the standards in 18-
3.9.080.D.2.
e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to
the life of the tree, as determined by a landscape professional.
6. Tree Replacement. Trees approved for removal, with the exception of trees removed because
they were determined to be diseased, dead, or a hazard, shall be replaced in compliance with
the following standards:
a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall
include all locations for replacement trees, and shall also indicate tree planting details.
b. Replacement trees shall be planted such that the trees will in time result in canopy equal to
or greater than the tree canopy present prior to development of the property. The canopy
shall be designed to mitigate of the impact of paved and developed areas, reduce surface
erosion and increase slope stability. Replacement tree locations shall consider impact on
the wildfire prevention and control plan. The hearing authority shall have the discretion to
adjust the proposed replacement tree canopy based upon site-specific evidence and
testimony.
c. Maintenance of replacement trees shall be the responsibility of the property owner.
Required replacement trees shall be continuously maintained in a healthy manner. Trees
that die within the first five years after initial planting must be replaced in kind, after which a
new five-year replacement period shall begin. Replanting must occur within 30 days of
notification unless otherwise noted.
7. Enforcement.
a. All tree removal shall be done in accord with the approved tree removal and replacement
plan. No trees designated for conservation shall be removed without prior approval of the
City of Ashland.
b. Should the developer or developer's agent remove or destroy any tree that has been
designated for conservation, the developer may be fined up to three times the current
appraised value of the replacement trees and cost of replacement or up to three times the
current market value, as established by a professional arborist, whichever is greater.
c. Should the developer or developer's agent damage any tree that has been designated for
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protection and conservation, the developer shall be penalized $50.00 per scar. If necessary,
a professional arborist's report, prepared at the developer's expense, may be required to
determine the extent of the damage. Should the damage result in loss of appraised value
greater than determined above, the higher of the two values shall be used.
E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside
Lands shall be designed and constructed in compliance with the following standards:
1. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain
building envelopes conforming to the following standards:
a. The building envelope shall contain a buildable area with a slope of 35% or less.
b. Building envelopes and lot design shall address the retention of a percentage of the lot in a
natural state as required in 18-3.9.080.B.3.
c. Building envelopes shall be designed and located to maximize tree conservation as required
in 18-3.9.080.D.3 while recognizing and following the standards for fuel reduction if the
development is located in Wildfire Lands
d. It is recommended that building envelope locations should be located to avoid ridgeline
exposures, and designed such that the roofline of a building within the envelope does not
project above the ridgeline. See also, 18-2.5.040.A.3.
2. Building Design. To reduce hillside disturbance through the use of slope responsive design
techniques, buildings on Hillside Lands, excepting those lands within the designated Historic
District, shall incorporate the following into the building design and indicate features on required
building permits:
a. Hillside Building Height. The height of all structures shall be measured vertically from the
natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or
other feature perpendicular to that grade. Maximum Hillside Building Height shall be 35 feet.
b. Cut buildings into hillsides to reduce effective visual bulk.
i. Split pad or stepped footings shall be incorporated into building design to allow the
structure to more closely follow the slope.
ii. Reduce building mass by utilizing below grade rooms cut into the natural slope.
Comment:
The highlighted text in section c below is new language, and has been added to clarify that decks do
not constitute a building step back.
c. A building step-back shall be required on all downhill building walls greater than 20 feet in
height, as measured above natural grade. Step-backs shall be a minimum of six feet. Decks
projecting out from the building wall and hillside shall not be considered a building step-
back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum
height of 20 feet above natural grade. (see graphic)
d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes
longer than 36 feet shall include a minimum offset of six feet.
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e. It is recommended that roof forms and roof lines for new structures be broken into a series
of smaller building components to reflect the irregular forms of the surrounding hillside.
Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations
should be avoided, however smaller gables may be permitted.
f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space
for upper floor levels. The use of overhanging decks with vertical supports in excess of 12
feet on downhill elevations should be avoided.
g. It is recommended that color selection for new structures be coordinated with the
predominant colors of the surrounding landscape to minimize contrast between the structure
and the natural environment.
F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with
demonstrable geotechnical design experience. A designer, as defined, shall not complete working
drawings without having foundations designed by an engineer.
G. All newly created lots or lots modified by a lot line adjustment must include building envelopes
containing a buildable area less than 35% slope of sufficient size to accommodate the uses
permitted in the underlying zone, unless the division or lot line adjustment is for open space or
conservation purposes.
H. Exception to the Development Standards for Hillside Lands - 18-3.9.080. An exception under this
section is not subject to the variance requirements of section 18-5.5 and may be granted with
respect to the development standards for Hillside Lands if all of the following circumstances are
found to exist:
1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site;
2. The exception will result in equal or greater protection of the resources protected under this
chapter;
3. The exception is the minimum necessary to alleviate the difficulty; and
4. The exception is consistent with the stated Purpose and Intent of the Physical and
Environmental Constraints chapter and section 18-3.9.080.
5. Appeals of decisions involving exceptions shall be processed pursuant to chapter 18-5.1.
18-3.9.090 Development Standards for Wildfire Lands
A. Requirements for Subdivisions, Performance Standards Developments, or Partitions.
1. A Fire Prevention and Control Plan shall be required with the submission of any application for
an outline plan approval of a Performance Standards Development, preliminary plat of a
subdivision, or application to partition land where the site contains area designated as Wildfire
Hazard.
2. The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3
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days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention
and Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the
scheduled hearing. The Fire Chief's report shall be a part of the record of the Planning Action.
3. The Fire Prevention and Control Plan, prepared at the same scale as the development plans,
shall include the following items:
a. An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation
and topography.
b. A map showing the areas that are to be cleared of dead, dying, or severely diseased
vegetation.
c. A map of the areas that are to be thinned to reduce the interlocking canopy of trees.
d. A tree management plan showing the location of all trees that are to be preserved and
removed on each lot. In the case of heavily forested parcels, only trees scheduled for
removal shall be shown.
e. The areas of Primary and Secondary Fuel Breaks that are required to be installed around
each structure, as required by 18-3.9.090.B.
f. Roads and driveways sufficient for emergency vehicle access and fire suppression activities,
including the slope of all roads and driveways within the Wildfire Lands area.
4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan
when, in addition to the findings required by this chapter, the additional finding is made that the
wildfire hazards present on the property have been reduced to a reasonable degree, balanced
with the need to preserve and/or plant a sufficient number of trees and plants for erosion
prevention, wildlife habitat, and aesthetics.
5. The hearing authority may require, through the imposition of conditions attached to the
approval, the following requirements as deemed appropriate for the development of the
property:
a. Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning.
b. Clearing of sufficient vegetation to reduce fuel load.
c. Removal of all dead and dying trees.
d. Relocation of structures and roads to reduce the risks of wildfire and improve the chances of
successful fire suppression.
6. The Fire Prevention and Control Plan shall be implemented during the public improvements
required of a subdivision or Performance Standards Development, and shall be considered part
of the subdivider's obligations for land development. The Plan shall be implemented prior to the
issuance of any building permit for structures to be located on lots created by partitions and for
subdivisions or Performance Standards developments not requiring public improvements. The
Fire Chief, or designee, shall inspect and approve the implementation of the Fire Prevention and
Control Plan, and the Plan shall not be considered fully implemented until the Fire Chief has
given written notice to the Staff Advisor that the Plan was completed as approved by the hearing
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authority.
7. In subdivisions or Performance Standards Developments, provisions for the maintenance of the
Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions
for the development, and the City of Ashland shall be named as a beneficiary of such
covenants, restrictions, and conditions.
8. On lots created by partitions, the property owner shall be responsible for maintaining the
property in accord with the requirements of the Fire Prevention and Control Plan approved by
the hearing authority.
B. Requirements for construction of all structures.
1. All new construction and any construction expanding the size of an existing structure, shall have
a "fuel break" as defined below.
2. A "fuel break" is defined as an area that is free of dead or dying vegetation, and has native, fast-
burning species sufficiently thinned so that there is no interlocking canopy of this type of
vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be
planted in slow-burning species. Establishment of a fuel break does not involve stripping the
ground of all native vegetation. "Fuel Breaks" may include structures, and shall not limit distance
between structures and residences beyond that required by other sections of this Title.
3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a
minimum of 30 feet, or to the property line, whichever is less, in all directions around structures,
excluding fences, on the property. The goal within this area is to remove ground cover that will
produce flame lengths in excess of one foot. Such a fuel break shall be increased by ten feet for
each 10% increase in slope over 10%. Adjacent property owners are encouraged to cooperate
on the development of primary fuel breaks.
4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a
minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and
under the control of the property owner during construction. The goal of the secondary fuel
break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels
control.
5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings,
as determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in
the Wildfire Lands area for which at least 50% of the roofing area requires re-roofing shall be
done under approval of a zoning permit. No structure shall be constructed or re-roofed with
wooden shingles, shakes, wood-product material or other combustible roofing material, as
defined in the City's building code.
C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion
control measures outlined in section 18-3.9.080.
D. Implementation.
1. For land that have been subdivided and required to comply with A(6) above, all requirements of
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the pan shall be complied with prior to the commencement of construction with combustible
materials.
2. For all other structures, the vegetation control requirements of subsection (B) above shall be
complied with before the commencement of construction with combustible materials on the lot.
3. As of November 1, 1994, existing residences in subdivisions developed outside of the Wildfire
Lands Zone, but later included due to amendments to the zone boundaries shall be exempt
from the requirements of this zone, with the exception of subsection 18-3.9.090.B.5 above. All
new residences shall comply with all standards for new construction in section 18-3.9.090.B.
4. Subdivisions developed outside of the wildfire lands zone prior to November 1, 1994, but later
included as part of the zone boundary amendment, shall not be required to prepare or
implement Fire Prevention and Control Plans outlined in subsection 18-3.9.090.A.
18-3.9.090 Development Standards for Severe Constraint Lands
A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation
removal and, whenever possible, alternative development should be considered.
B. Development of floodways is not permitted except for bridges and road crossings. Such crossings
shall be designed to pass the 100-year flood without raising the upstream flood height more than six
inches.
C. Development on lands greater than 35% slope shall meet all requirements of section 18-3.9.080 in
addition to the requirements of this section.
D. Development of land or approval for a planning action shall be allowed only when the following
study has been accomplished. An engineering geologic study approved by the City's Public Works
Director and Planning Director establishes that the site is stable for the proposed use and
development. The study shall include the following:
1. Index map.
2. Project description to include location, topography, drainage, vegetation, discussion of previous
work and discussion of field exploration methods.
3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock
and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural
data including bedding, jointing and shear zones, soil depth and soil structure.
4. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or
that may be affected by on-site development.
5. Suitability of site for proposed development from a geologic standpoint.
6. Specific recommendations for cut slope stability, seepage and drainage control or other design
criteria to mitigate geologic hazards.
7. If deemed necessary by the engineer or geologist to establish whether an area to be affected by
the proposed development is stable, additional studies and supportive data shall include cross-
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sections showing subsurface structure, graphic logs with subsurface exploration, results of
laboratory test and references.
8. Signature and registration number of the engineer and/or geologist.
9. Additional information or analyses as necessary to evaluate the site.
18-3.9.100 Density Transfer
Density may be transferred out of unbuildable areas to buildable areas of a lot provided the following
standards are met:
A. Partitions and subdivisions involving density transfer shall be processed under chapter 18-3.8
Performance Standards.
B. A map shall be submitted showing the net buildable area to which the density will be transferred.
C. A covenant shall be recorded limiting development on the area from which density is transferred.
D. Density may not be transferred to properties under different ownership.
E. Density may be transferred only on contiguous lots under common ownership.
F. The density of the buildable area may not be increased to more than two (2) times the permitted
density of the underlying zone. Fractional units are to be rounded down to the next whole number.
18-3.9.110 Penalties
Comment:
The following introduction is revised for clarity.
In addition to taking enforcement action and assessing penalties for violations of this code, as
authorized by chapter 18-1.6, the City make take the following actions where there is a violation of this
chapter:
A. Whenever any work is being done contrary to the provisions of this chapter or whenever erosion
control measures, tree protection measures, wildfire control measures, or Flood Plain Corridor
development measures are not being properly maintained or are not functioning properly due to
faulty installation or neglect, the Director of Community Development or the director’s designee,
may order the work stopped by notice in writing served on any persons engaged in the doing or
causing of such work to be done, and any such persons shall immediately stop work until
authorized by the director or designee to proceed with the work.
B. All development under this chapter and all work or construction for which a permit is required under
this chapter shall be subject to inspection by the Director of Community Development or the
director’s designee. When an inspection is made under this section or when it is necessary to make
an inspection to enforce this code, or when the Director or designee has reasonable cause to
believe that there exists upon Hillside Lands a condition which is contrary to or in violation of this
chapter which makes the premises unsafe, dangerous or hazardous, the Director or designee may
enter the premises at reasonable times to inspect or to perform the duties imposed by this chapter.
The Director or designee shall first make a reasonable effort to locate the owner or other person
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having charge of the premises and request entry.
C. The City may refuse to accept any development permit application, may revoke or suspend any
development or building permit, or may deny occupancy on the property until erosion control
measures, tree protection measures, wildfire control measures, or Flood Plain Corridor
development measures have been installed properly and are maintained in accordance with the
requirements of this chapter.
D. The owner of the property from which erosion occurs due to failure or neglect of erosion control
measures, together with any person or parties who cause such erosion shall be responsible to
mitigate the impacts of the erosion and prevent future erosion.
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18-3.10 – Water Resource Protection Zones (Overlays)
Chapter 18-3.10 Water Resources Protection Zones (Overlays)
Sections
18-3.10.010 Purpose
18-3.10.020 Applicability
18-3.10.030 Inventory of Ashland’s Water Resources
18-3.10.040 Establishment of Water Resource Protection Zones
18-3.10.050 Activities and Uses Exempt from These Regulations
18-3.10.060 Limited Activities and Uses
18-3.10.070 Water Resource Protection Zone Reduction
18-3.10.080 Hardship Variance for Development in Water Resource Protection Zones
18-3.10.090 Approval Standards for Land Divisions and Property Line Adjustments
18-3.10.100 Application Submission Requirements
18-3.10.110 Mitigation Requirements
18-3.10.120 Map Errors and Adjustments for Water Resource Protection Zones
18-3.10.130 Enforcement and Penalties
Comment:
This chapter carries forward 18-3.10. Edits are primarily limited to renumbering sections/subsections
and minor grammatical corrections (e.g., hyphenations, spelling, and commas). The section numbers shifted by
ten, as compared to 18-3.10, after removing the definitions, though the code cross-references are updated.
Definitions are relocated to 18-6.
18-3.10.010 Purpose
The purpose and intent of this chapter are:
A. To implement state and federal law with respect to the protection of clean water, pollution control
and preservation of endangered species.
B. To protect Ashland’s Goal 5 significant wetlands and riparian areas, thereby protecting and
restoring the hydrologic, ecologic and land conservation functions these areas provide for the
community.
C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering and
separation of those land uses and activities that lead to or may create impacts on water quality, as
well as to reduce the risk to people and property resulting from the inappropriate management of
wetland and riparian areas.
D. To implement the goals and policies of the Environmental Resources chapter of Ashland’s
Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding.
E. To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties adjacent
to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife habitat and
provide opportunities for trail connections.
G. To protect water associated with Ashland’s hydrology for human uses, fish and wildlife and their
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habitats.
H. To control erosion and limit sedimentation.
I. To protect the amenity values and educational opportunities of Ashland’s wetlands, water bodies
and associated riparian areas as community assets.
J. To improve public appreciation and understanding of wetlands and riparian areas for their unique
ecosystem structure and functions and for the human-nature interactions they provide.
K. To improve and promote coordination among local, state, and federal agencies regarding
development activities near Ashland’s wetlands, water bodies and associated riparian areas.
L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when offset
by appropriate mitigation, as stipulated in the ordinance and other applicable state and federal
requirements.
18-3.10.020 Applicability
A. The provisions of this chapter apply to all lands containing Water Resources and Water Resource
Protection Zones. Water Resources and Water Resource Protection Zones are defined, established
and protected in this chapter.
B. State and federal wetland and riparian regulations will continue to apply within the City of Ashland,
regardless of whether or not these areas are mapped on City of Ashland Water Resources map.
Nothing in this chapter shall be interpreted as superseding or nullifying state or federal
requirements. Additionally, the City of Ashland shall provide notification to the Oregon Department
of State Lands (DSL), as required by Division 23 of Oregon Administrative Rules, for all applications
concerning development permits or other land use decisions affecting wetlands on the inventory.
C. The burden is on the property owner to demonstrate that the requirements of this chapter are met
or are not applicable to development activity or other proposed use or alteration of land. The Staff
Advisor may make a determination based on the Water Resources map, field check, and any other
relevant maps, site plans and information that a Water Resource or Water Resource Protection
Zone is not located on a particular site or is not impacted by proposed development, activities or
uses. In cases where the location of the Water Resource or Water Resource Protection Zone is
unclear or disputed, the Staff Advisor may require a survey, delineation prepared by a natural
resource professional, or a sworn statement from a natural resource professional that no Water
Resources or Water Resource Protection Zones exist on the site.
D. All Water Resource Protection Zones shall be protected from alteration and development, except as
specifically provided in this chapter. No person or entity shall alter or allow to be altered any real
property designated as a Water Resource Protection Zone, except as set forth in an exemption,
approved planning application or permit authorized in this chapter. No person or entity shall use or
allow to be used, property designated as a Water Resource Protection Zone, except as set forth in
an exemption, approved planning application or permit authorized in this chapter.
E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will be
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some overlap between the regulations in this chapter and those in chapter 18-3.9 Physical and
Environmental Constraints, which regulates development in physical constrained areas including
floodplains. Where two regulations are in conflict, the most stringent shall govern.
18-3.10.030 Inventory of Ashland’s Water Resources
The approximate locations of Ashland’s Water Resources are identified on the City of Ashland Water
Resource Protection Zones Requirements map, adopted by the City of Ashland and added to the
Comprehensive Plan through Ordinance 2419 (May 1987), Ordinance 2528 (July 1989) and Ordinance
2999 (December, 2009). Because the Comprehensive Plan maps are acknowledged to be
approximate, the more precise wetland boundaries can be mapped, staked and used for development
review purposes without a modification of the Comprehensive Plan maps.
18-3.10.040 Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water Resources
to protect their integrity, function and value. The boundaries of the following Water Resource Protection
Zones shall be established by an on-site survey based upon the following standards.
A. Stream Bank Protection Zones. The following types of Stream Bank Protection Zones are hereby
established to protect streams and their associated riparian resources. The approximate locations
of streams are identified on the Water Resources map.
1. Riparian Corridor – For streams classified as Riparian Corridor fish-bearing streams with an
annual average stream flow less than 1,000 cubic feet per second and on the Water
Resourcesmap, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer
consisting of all lands within 50 feet upland from the top of bank (Figure 3).
Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams
2. Local Streams – For streams classified as non-fish-bearing Local Streams and on the Water
Resources map, the Stream Bank Protection Zone shall include the stream, plus a riparian
buffer consisting of all lands 40 feet from the centerline of the stream (Figure 4).
Figure 4: Stream Bank Protection Zone for Local Streams
3. Intermittent and Ephemeral Streams – For streams classified as Intermittent and Ephemeral
Streams on the Water Resource Protection Zones map, the Stream Bank Protection Zone shall
include the stream, plus a riparian buffer consisting of all lands within 30 feet from the centerline
of the stream (Figure 5).
Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams
4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part of a
significant wetland as identified on official maps adopted by the City of Ashland, the distance to
the Stream Bank Protection Zone boundary shall be measured from, and include, the upland
edge of the wetland.
5. Determination of Protection Zone - The measurement of the Stream Bank Protection Zones
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shall be a horizontal distance from the top of bank or from the center line of the stream as
specified above. For streams that were piped or relocated to a culvert prior to the effective date
of this chapter, the Stream Bank Protection Zones shall be reduced to half of the required width
or the width of any existing easement (e.g. drainage-way easement), whichever is greater.
B. Wetland Protection Zones. The following types of Wetland Protection Zones are hereby established
to protect wetland resources. The approximate locations of Locally Significant Wetlands and
Wetlands are identified on the Water Resources map. The precise boundary of a wetland and
wetland buffer shall be established through conducting an on-site wetland delineation and survey
based upon the following standards.
1. Locally Significant Wetlands – For wetlands classified as Locally Significant on the Water
Resources map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands within
50 feet of the upland-wetland edge (Figure 6). A wetland delineation prepared by a qualified
wetland specialist shall be submitted to the City of Ashland that graphically represents the
location of wetlands on a site plan map in accordance with subsection 18-3.10.100.A.3. An
average buffer width of 50 feet may be utilized around the perimeter of a significant wetland
upon submission of evidence and a detailed plan by a natural resources professional
demonstrating that equal or better protection of the functions and values of the resource will be
ensured, and that there will be an enhanced buffer treatment through the implementation and
maintenance of a restoration and enhancement plan within the buffer area.
Figure 6: Wetland Protection Zone for Locally Significant Wetlands
2. Possible Wetlands – For wetlands not classified as Locally Significant on the Water Resources
map, the Wetland Protection Zone shall consist of all lands identified to have a wetland
presence on the wetland delineation, plus all lands within 20 feet of the upland-wetland edge
(Figure 7). Possible Wetlands includes all areas designated as such on the Water Resources
map and any unmapped wetlands discovered on site. A wetland delineation prepared by a
qualified wetland specialist shall be submitted to the City of Ashland that graphically represents
the location of wetlands on a site plan map in accordance with subsection 18-3.10.100.A.3. An
average buffer width of 20 feet may be utilized around the perimeter of a possible wetland upon
submission of evidence and a detailed plan by a natural resources professional demonstrating
that equal or better protection of the functions and values of the resource will be ensured.
Figure 7: Wetland Protection Zone for Possible Wetlands
3. Determination of Protection Zone – The measurement of the Wetland Protection Zone shall be a
horizontal distance from the upland-wetland edge as specified above.
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18-3.10.050 Activities and Uses Exempt from These Regulations
A. Exempt Activities Within Water Resource Protection Zones. The following activities and uses do not
require a permit or authorization under this chapter to be conducted or to continue in a Water
Resource Protection Zone. Exempt activities and uses may qualify as development as defined in
Part 18-6 and may require a floodplain development permit.
1. Vegetation Maintenance, Planting and Removal
a. Landscaping Maintenance. Continued maintenance of existing vegetation such as
landscaping, lawn, gardens and trees.
b. Lawn. Existing lawn within Water Resource Protection Zones may be maintained, but
existing lawn shall not be expanded and new lawn shall not be installed.
c. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum and shall be
in accordance with the chapter 18-4.13 Tree Preservation and Protection. Under no
circumstances shall the maintenance pruning be so severe that it compromises the tree’s
health, longevity, or resource functions (i.e. shade, soil stability, erosion control, etc.)
d. Non-native, Noxious and Invasive Vegetation Removal. Removal of non-native, noxious and
invasive vegetation, and replacement with local native plant species is permitted. The act of
removing non-native, noxious and invasive vegetation shall not result in the removal of
native vegetation. Local native plant species for both wetland and stream bank applications
are identified on the City of Ashland’ s Local Native Plant Species List, and noxious and
invasive vegetation approved for removal is identified on the City of Ashland’ s Prohibited
Plant List. Removal and mowing of blackberries shall occur before May 1 or after July 31 to
protect nesting birds.
e. Hazardous Tree Removal. Removal of a hazardous tree is allowed under the procedures
and approval criteria described in chapter 18-4.13 Tree Preservation and Protection.
f. In-channel Vegetation Removal. Removal of emergent in-channel vegetation that is likely to
cause flooding using non-invasive methods such as mowing or weed-whacking that do not
disturb the underlying substrate. Mechanized removal of emergent in-channel vegetation
that would involve associated removal of soil below the ordinary high water line is not
permitted and would otherwise be subject to state and federal wetland permitting
requirements.
g. Routine Planting. The planting of local native plant species or the replacement of non-native,
noxious and invasive plants with local native plant species is allowed. Local native plant
species for both wetland and stream bank applications are identified on the City of Ashland’
s Local Native Plant Species List, and noxious and invasive vegetation approved for
removal is identified on the City of Ashland’ s Prohibited Plant List.
h. Use of Equipment or Machinery. Use of hand-held equipment or machinery for vegetation
maintenance, planting and removal within Water Resource Protection Zones is allowed.
Power-assisted equipment or machinery may be used for vegetation maintenance, planting
and removal within Water Resource Protection Zones when soil disturbance and erosion are
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minimized by all of the following measures:
i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31,
and shall not occur during the remaining wet months of the year.
ii. The general topography of the Water Resource Protection Zone shall be retained.
iii. Soil compaction from construction equipment shall be reduced by distributing the weight
of the equipment over a large area (e.g. laying lightweight geo-grids, mulch, chipped
wood, plywood, OSB, metal plats or other materials capable of weight distribution in the
pathway of the equipment).
iv. Local native plant species shall not be damaged or removed.
v. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after
one year and 90% after five (5) years.
2. Building, Paving and Grading
a. Testing. Site investigative work is allowed provided it has minimal surface area disturbance
and is conducted by or required by a city, county, state, or federal agency. Such work may
include surveys, percolation tests, soil borings or other similar tests.
b. Unpaved Trails. The establishment of unpaved trails and related educational displays is
allowed provided the trail width shall not exceed 36 inches, stair width shall not exceed 50
inches, and trail grade shall not exceed 20% except for the portion of the trail containing
stairs. Trails in public parks may be up to 72 inches in width to accommodate high
pedestrian traffic areas. Trails construction within a delineated wetland boundary shall be by
permit in accordance with local, state and federal permitting requirements and approved
management plans.
c. Storm Water Treatment Facility Maintenance. Routine maintenance of storm water
treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands is allowed in order to maintain flow and prevent flooding when
conducted in accordance with local, state and federal permitting requirements and approved
management plans. Multi-year maintenance plans for existing storm water treatment
facilities without previously approved management plans require a Limited Activity and Use
Permit in accordance with subsection 18-3.10.060.A.2.
3. Nonconforming Activities, Uses and Structures – An activity, use or structure legally established
prior to the adoption of this chapter, which would be prohibited by this chapter or which would
be subject to the limitations and controls imposed by this chapter, shall be considered a
nonconforming activity, use or structure, and may continue subject to the following provisions:
a. Nonconforming Structures. Nonconforming structures within or partially within a Water
Resource Protection Zone may be maintained and used.
b. Expansion of Nonconforming Structures. Expansion of the footprint of a nonconforming
structure within or partially within a Water Resource Protection Zone if the expansion of the
footprint occurs outside the Water Resource Protection Zone and additional surface area in
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the Water Resource Protection Zone is not disturbed. Additional stories may be added to
nonconforming structures if the following conditions are met:
i. The existing building footprint within the Water Resource Protection Zone is not changed
in size or shape.
Comment:
The highlighted language below is added to clarify that upper story projections beyond the original
footprint into the Water Resource Protection Zone are not permitted.
ii. The building, including decks, does not project beyond the building footprint over the
Water Resource Protection Zone.
ii. Additional surface area in the Water Resource Protection Zone is not disturbed.
c. Replacement of Nonconforming Principal Buildings in Residential Zoning Districts.
Nonconforming principal buildings within or partially within a Water Resource Protection
Zone and located in residential zoning districts may be replaced or rebuilt if the existing
building footprint within the Water Resource Protection Zone is not changed in size or shape
and additional surface area in the Water Resource Protection Zone is not disturbed. Repair
and reconstruction of a nonconforming structure under this section shall be in accordance
with the requirements of the Flood Damage Prevention Regulations in chapter 15.10.
d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within
Historic Districts. Nonconforming structures within or partially within a Water Resource
Protection Zone, located in a non-residential zoning district and within a Historic District may
be replaced or rebuilt if the existing building footprint within the Water Resource Protection
Zone is not changed in size or shape and additional surface area in the Water Resource
Protection Zone is not disturbed. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of chapter 15.10 Flood
Damage Prevention Regulations.
Comment:
The exemption for previously approved building envelopes is deleted because it was limited to 36
months after the effective date of the ordinance which has expired (Ordinance 3000 Adopted 12/15/2009;
effective date 1/15/2010; exemption therefore ended on 1/15/2013).
e.Previously Approved Building Envelopes and Driveways. Previously approved building
envelopes and driveways within or partially within a Water Resource Protection Zone may
be built as originally approved and do not have to meet the requirements of this chapter if
the following conditions are met:
i.Building permits are approved and construction is commenced within 36 months from
the effective date of this ordinance.
ii.The building envelope or driveway location was established and received City of
Ashland Planning Division approval prior the effective date of this ordinance.
iii.The building envelope is located on a vacant lot.
iv.The building envelope is located on a lot that was created prior to the effective date of
this ordinance.
v.The driveway will provide access to a lot that was created prior to the effective date of
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this ordinance.
f. Exemptions for Historic Public Parks and Properties. Nonconforming activities, landscaping,
uses and structures included in Lithia Park, Blue Bird Park and Calle Guanajuato and
located in the Water Resource Protection Zone may be used, maintained and replaced, but
shall not be expanded or enlarged within the Water Resource Protection Zone. Repair and
reconstruction of a nonconforming structure under this section shall be in accordance with
the requirements of the Flood Damage Prevention Regulations in chapter 15.10.
4. City Emergency Activities - Emergency repair authorized by the City Administrator or his/her
designee which must be undertaken immediately, or for which there is insufficient time for full
compliance with this chapter, in order to address at least one of the following.
a. Prevent an imminent threat to public health or safety.
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In addition to the
Exempt Activities and Uses in subsection 18-3.10.050.A, the following activities and uses do not
require a permit or authorization under this chapter to be conducted or to continue in a Stream
Bank Protection Zone.
1. Fire Hazard Prevention – Cutting or thinning of vegetation for fire hazard prevention
provided that the cutting or thinning is the minimum necessary to alleviate the potential fire
hazard and is consistent with City standards for Wildfire Lands described in chapter 18-3.0
Physical and Environmental Constraints.
2. Stream Restoration and Enhancement – Stream restoration and enhancement projects
when all of the following are met.
a. The restoration and enhancement results in a net gain in stream bank corridor functions.
b. The lot is in a residential zoning district and occupied only by a single-family dwelling
and accessory structures.
c. The property has not undergone stream restoration and enhancement work in the past
12 months.
d. The restoration and enhancement project does not involve in-stream work.
e. The restoration and enhancement project may include minor earth moving activities
involving excavation or placement of up to five cubic yards of soil and earth-moving
activity disturbing a surface area of no more than 1,000 square feet.
Comment:
The highlighted language below is new, and is added to clarify that tree protection fencing is allowed
in the Water Resource Protection Zone on a temporary basis during construction.
3. Fences – Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the
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upland half of the riparian buffer furthest away from the stream. Solid wood fencing is prohibited
in Water Resource Protection Zones. Temporary tree protection fencing in accordance with the
Tree Preservation and Protection standards in 18-4.11 is allowed in conjunction with a
development project. Fencing in a designated floodplain shall conform to the requirements of
subsection 18-3.9.060.K.
4. Outdoor Patio Areas – Outdoor patio areas consisting of porous solid surfaces up to 150 square
feet in size per lot, but not including decks, may be constructed in the upland half of the riparian
buffer furthest away from the stream.
5. Public Utility Maintenance and Replacement – Routine maintenance and replacement of
existing public utilities and irrigation pumps if work disturbs no more total surface area than the
area inside the public utility easement and up to an additional five percent surface area of the
public utility easement outside of the public utility easement.
6. Private Utility Maintenance and Replacement – Routine maintenance and replacement of
existing private utilities and irrigation pumps.
7. Driveway and Street Maintenance and Paving – Maintenance, paving and reconstruction of
existing public and private streets and driveways if work disturbs no more total surface area
than the area inside the street right-of-way or access easement and up to an additional five
percent surface area of the street right-of-way or access easement outside of the right-of-way or
easement. Public streets shall be located in public right-of-way or a public easement.
C. Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the Exempt
Activities and Uses in section 18-3.10.050.A, the following activities and uses do not require a
permit or authorization under this chapter to be conducted or to continue in a Wetland Protection
Zone.
Comment:
The highlighted language below is new, and added to clarify that mowing or thinning of vegetation in
wetland areas is allowed in situations where it is an part of an approved wetland mitigation plan, or if the mowing
or thinning will not remove native plants.
1. Fire Hazard Prevention – Perimeter mowing or thinning of vegetation for fire hazard prevention
consistent with a wetland mitigation plan approved by the Oregon Division of State Lands, or
within the wetland buffer provided that the mowing or thinning is the minimum necessary to
alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands
described in the chapter 18-3.9 Physical and Environmental Constraints. The Staff Advisor may
approve perimeter mowing or thinning of vegetation in wetlands that do not have an approved
wetland mitigation plan using the ministerial process if a plan is submitted demonstrating that
native plants will not be removed.
Comment:
The highlighted language in section 2 below is new, and added to clarify that tree protection fencing is
allowed in the Water Resource Protection Zone on a temporary basis during construction.
2. Fences – Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the
wetland buffer. Solid wood fencing is prohibited in Water Resource Protection Zones.
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Temporary tree protection fencing required in accordance with the Tree Preservation and
Protection standards in 18-4.11 is allowed in conjunction with a development project. Fencing
in a designated floodplain shall conform to the requirements of subsection 18-3.9.060.K.
18-3.10.060 Limited Activities and Uses
The following activities and uses within Water Resource Protection Zones are allowed under a Type I
land use procedure provided the activities or uses comply with the approval standards set forth in
subsection 18-3.10.060.D.
A. Limited Activities and Uses within Water Resource Protection Zones.
1. Use of Power-assisted Equipment or Machinery – Use of power-assisted equipment or
machinery for vegetation maintenance unless otherwise exempted in subsection 18-
3.10.050.A.1.i.
2. Multi-year Maintenance Plans – Multi-year maintenance plans may be authorized as follows for
existing areas or storm water treatment facilities in Water Resource Protection Zones which do
not have a previously approved management plans.
a. Publicly and Commonly Owned Properties. The routine restoration and enhancement of
publicly and commonly owned properties such as public parks and private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water
treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands in order to maintain flow and prevent flooding. Routine maintenance
of storm water treatment facilities in accordance with an approved management plan is
exempted as outline in subsection 18-3.10.050.A.2.c.
3. Building, Paving, and Grading Activities – Permanent alteration of Water Resource Protection
Zones by grading or by the placement of structures, fill or impervious surfaces may be
authorized as follows.
a. New Public Access and Utilities. The location and construction of public streets, bridges,
trails, multi-use path connections and utilities deemed necessary to maintain a functional
system and upon finding that no other reasonable, alternate location outside the Water
Resource Protection Zone exists. This Title, the Comprehensive Plan, Transportation
System Plan, adopted utility master plans and other adopted documents shall guide this
determination.
b. New Private Access and Utilities. The location and construction of private streets, driveways
and utilities to provide a means of access to an otherwise inaccessible or landlocked
property where no other reasonable, alternate location outside the Water Resource
Protection Zone exists.
c. Storm Water Treatment Facility Installation. Installation of public and private storm water
treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands.
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d. Replacement of Nonconforming Accessory Structures in Residential Districts and
Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Outside
Historic Districts. Replacement of nonconforming structures located within or partially within
the original building footprint, except those nonconforming principal buildings exempted in
subsection 18-3.10.050.A.3, provided replacement does not disturb additional surface area
within the Water Resource Protection Zone.
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B. Additional Limited Activities and Uses within Stream Bank Protection Zones.
In addition to the
Limited Activities and Uses in subsection 18-3.10.060.A, the following activities and uses with the
Stream Bank Protection Zones are allowed under a Type I land use procedure provided the
activities or uses comply with the approval standards set forth in subsection 18-3.10.060.D.
1. Stream Restoration and Enhancement – Restoration and enhancement projects resulting in a
net gain in stream bank corridor functions unless otherwise exempted in subsection 18-
3.10.050.B.2. Restoration and enhancement activities not otherwise associated with
development involving building, grading or paving are encouraged, and planning application
fees associated with reviewing these activities for compliance with applicable land use
standards may be waived by the Staff Advisor.
2. Driveway and Street Maintenance and Paving -– Maintenance, paving, and reconstruction of
existing public and private streets and driveways if work disturbs more total surface area than
the area inside the street right-of-way or access easement and an additional five percent
surface area of the street right-of-way or access easement outside of the right-of-way or
easement. Public streets shall be located in public right-of-way or a public easement.
3. Public Facility Paving and Reconstruction – Paving and reconstruction of public parking areas
and walkways if additional surface area in the Stream Bank Protection Zone is not disturbed, the
public facilities are deemed necessary to maintain a functional system and upon finding that no
other reasonable alternate location outside the Water Resource Protection Zone exits.
4. Public Utility Maintenance and Replacement – Routine maintenance and replacement of
existing public utilities and irrigation pumps if work disturbs more total surface area than the
area inside the public utility easement and an additional five percent surface area of the public
utility easement outside of the public utility easement.
5. Erosion Control – Erosion control and stream bank stabilization measures that have been
approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers,
or other state or federal regulatory agencies, and that utilize non-structural bio-engineering
methods.
6. Storm Water Outfall – Construction of a storm water outfall discharging treated storm water from
an adjacent developed area provided that the discharge meets local, state and federal water
quality regulations.
7. Bridges – The installation of a bridge or similar, bottomless crossing structure for the purpose of
constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a
means of access to an otherwise inaccessible or landlocked property.
8. Flood Control Measures – Installation or expansion of structural flood control measures,
including but not limited to concrete retaining walls, gabions, gravity blocks, etc., shall generally
be prohibited, but approved only if demonstrated that less-invasive, non-structural methods will
not adequately meet the stabilization or flood control needs.
C. Additional Limited Activities and Uses within Wetland Protection Zones.
In addition to the
Permitted Activities and Uses in subsection 18-3.10.060.A, the following activities and uses with the
Wetland Protection Zones are allowed under a Type I land use procedure provided the activities or
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uses comply with the approval standards set forth in subsection 18-3.10.060.D.
1. Wetland Restoration and Enhancement – Wetland restoration and enhancement projects
resulting in a net gain in wetland functions. Wetland restoration and enhancement activities not
otherwise associated with development involving building, grading or paving are encouraged,
and planning application fees associated with reviewing these activities for compliance with
applicable land use standards may be waived by the Staff Advisor.
2. Driveway and Street Maintenance and Paving – Maintenance, paving, and reconstruction of
existing public and private streets and driveways. Public streets shall be located in public right-
of-way or public easement.
3. Public and Private Utility Maintenance and Replacement – Routine maintenance and
replacement of existing public and private utilities that disturb lands within the Wetland
Protection Zone.
D. Approval Standards for Limited Activities and Uses within Water Resource Protection Zones.
All Limited Activities and Uses within Water Resource Protection Zones described in section 18-
3.10.060 shall be processed as a Type I land use procedure. The approval authority may approve
or approve with conditions a request to conduct Limited Activities and Uses in a Water Resource
Protection Zone based upon findings that the following standards have been satisfied.
1. All activities shall be located as far away from streams and wetlands as practicable, designed to
minimize intrusion into the Water Resources Protection Zone and disturb as little of the surface
area of the Water Resource Protection Zone as practicable.
2. The proposed activity shall be designed, located and constructed to minimize excavation,
grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse
impacts on Water Resources.
3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25% or
greater in a Water Resource Protection Zone, excavation, grading, installation of impervious
surfaces, and removal of native vegetation shall be avoided except where no practicable
alternative exists, or where necessary to construct public facilities or to ensure slope stability.
4. Water, storm drain and sewer systems shall be designed, located and constructed to avoid
exposure to floodwaters, and to avoid accidental discharges to streams and wetlands.
5. Stream channel repair and enhancement, riparian habitat restoration and enhancement and
wetland restoration and enhancement will be restored through the implementation of a
mitigation plan prepared in accordance with the standards and requirements in section 18-
3.10.110.
6. Long term conservation, management and maintenance of the Water Resource Protection Zone
shall be ensured through preparation and recordation of a management plan as described in
subsection 18-3.10.110.C, except a management plan is not required for residentially zoned lots
occupied only by a single-family dwelling and accessory structures.
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18-3.10.070 Water Resource Protection Zone Reductions
A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use procedure,
and by greater than 25% and up to 50% through a Type II land use procedure to allow alteration within
the Water Resource Protection Zone based upon findings that the following approval criteria have been
satisfied.
A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone
through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side
and rear yard setbacks; required distance between buildings) to permit development as far outside
or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable
dimensional standards shall be reviewed as part of the requested reduction, and shall not be
subject to a separate Variance application under chapter 18-5.5. Reductions to dimensional
standards may not be used to reduce required Solar Access setbacks without evidence of
agreement by the effected property owner(s) to the north through a concurrent Solar Access
Variance application as described in chapter 18-4.10.
B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently
perform the proposed activity and/or use. The proposed development shall minimize disturbance to
the Water Resource Protection Zone by utilizing the following design options to minimize or reduce
impacts of development.
1. Multi-story construction shall be considered.
2. Parking spaces shall be minimized to no more than that required as a minimum for the use.
3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a
pervious paving material.
4. Engineering solutions shall be used to minimize additional grading and/or fill.
C. The application demonstrates that equal or better protection for identified resources will be ensured
through restoration, enhancement and mitigation measures. The structures, functions and values of
the Water Resource will be restored through the implementation of a restoration and enhancement
strategy set forth in a mitigation plan prepared in accordance with the standards and requirements
described in section 18-3.10.110.
D. Long term conservation, management and maintenance of the Water Resource Protection Zone
shall be ensured through preparation and recordation of a management plan as described in
subsection 18-3.10.110.C, except a management plan is not required for residentially zoned lots
occupied only by a single-family dwelling and accessory structures.
18-3.10.080 Hardship Variances for Development in Water Resource Protection Zones
Hardship Variances shall be processed as a Type II land use procedure. Hardship Variances are not
subject to the Variance requirements of chapter 18-5.5. The approval authority may approve or approve
with conditions a request for a Hardship Variance based upon findings that the following approval
criteria have been satisfied.
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A. The application of this chapter unduly restricts the development or use of the lot, and renders the lot
not buildable.
B. The proposed activity or use of land would have been permitted prior to the effective date of this
ordinance.
C. The applicant has explored all other reasonable options available under this chapter and other
applicable provisions of this ordinance to relieve the hardship.
D. Adverse impacts on the structures, functions or values of the resource including water quality,
erosion, or slope stability that would result from approval of this Hardship Variance have been
minimized and will be mitigated to the greatest extent possible through restoration and
enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared
in accordance with the standards and requirements in section 18-3.10.110.
E. Long term conservation, management and maintenance of the Water Resource Protection Zone
shall be ensured through preparation and recordation of a management plan as described in
subsection 18-3.10.110.C, except a management plan is not required for residentially zoned lots
occupied only by a single-family dwelling and accessory structures.
18-3.10.090 Approval Standards for Land Divisions and Property Line Adjustments
Planning actions and procedures containing Water Resource Protection Zones and involving the
division of land or lot line adjustments shall comply with the following provisions and shall include the
plan requirements in subsection 18-3.10.100.A.3.
A. Building Envelope Established. Each lot shall contain a building envelope outside the Water
Resource Protection Zone of sufficient size to permit the establishment of the use and associated
accessory uses.
B. Conservation Area. Performance Standards Option Subdivision, Subdivision, Partition, and Site
Design Review applications shall include the Water Resource Protection Zone within a conservation
easement or recorded development restriction, which stipulates that the use or activity within the
Water Resource Protection Zone shall be consistent with the provisions of this chapter. The
approval authority may require that the Water Resource Protection Zone be included in a separate
tract of land managed by a homeowners’ association or other common ownership entity responsible
for preservation.
C. Density Transfer. Density calculated from the land area contained within the Water Resource
Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided
the following standards are met.
1. Partitions and subdivisions involving density transfer shall be processed under chapter 18-3.8
Performance Standards Option.
2. A map shall be submitted showing the land area not within the Water Resource Protection Zone
to which the density will be transferred.
3. The Water Resource Protection Zone shall be included in a separate preservation tract to be
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managed by a homeowner’s association or other common ownership entity responsible for
management of the area.
4. Density may only be transferred within the subject property or to a lot or lots contiguous to the
subject property and within the same ownership.
5. The density transferred to lands not within the Water Resource Protection Zone may not be
increased to more than one and a half times the base density of the underlying zoning district.
Fractional units are to be rounded down to the nearest whole number.
D. Management Plan. Long term conservation, management and maintenance of the Water Resource
Protection Zone consistent with the requirements of this chapter shall be ensured through
preparation and recordation of a management plan as described in subsection 18-3.10.110.C.
E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with
the requirements of section 18-3.10.110 to mitigate impacts resulting from land divisions.
F. Exemptions for a Public Purpose. An exemption to the requirements described above shall be
granted for lots created for public park purposes, or privately-owned tracts created for the sole
purpose of conserving in perpetuity the natural functions and values of the lands contained within
the Water Resource Protection Zone.)
18-3.10.100 Application Submission Requirements
A. Required Plans and Information.
The following plans and information shall be submitted with the
application for activities and uses in a Water Resource Protection Zone which are required to be
processed under a Type I or Type II land use procedure including Limited Activities and Uses,
Water Resource Protection Zone Reductions and Hardship Variances.
1. A narrative description of all proposed activities and uses including the extent to which any
Water Resource Protection Zone is proposed to be altered or affected as a result of the
proposed development activity or use (in terms both of square footage of surface disturbance
and cubic yards of overall disturbance).
2. Written findings of fact addressing all applicable development standards and approval criteria.
3. Site development plan map, drawn to scale - The application shall include a site map of the
subject property prepared by a licensed surveyor, civil engineer or other design professional
that includes the information described below. The Staff Advisor may request additional
information based upon the character of the site or the specific nature of the proposal.
a. All watercourses identified (including any drainage ways, ponds, etc).
b. Surveyed location of the Water Resource Protection Zone, as described in section 18-
3.10.040. For applications involving single-family residences or Limited Activities and Uses,
in lieu of a surveyed location, the Staff Advisor may approve a field determination of the
Water Resource Protection Zone by the Staff Advisor or his/her designee in which the
applicant shall be required to stake the top-of-bank or the upland-wetland edge and the
boundary of the Water Resource Protection Zone.
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c. For activities and use proposed within a Stream Bank Protection Zone: identification of the
stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or
center line as required; and surveyed location of the stream’s floodway and floodplain, if
applicable.
d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation
(with an accompanying site map) prepared by a natural resource professional and that has
been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo
with the wetland boundaries identified.
e. Topographic information at two foot contour increments identifying both existing grades and
proposed grade changes.
f. Surveyed locations of all trees six (6) inches in diameter at breast height (dbh) or greater
located in the Water Resource Protection Zone and within 15 feet of the Water Resource
Protection Zone, identified by edge of canopy, diameter at breast height and species;
g. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-
native, invasive species identified.
h. Location of existing and proposed development, including all existing and proposed
structures, any areas of fill or excavation, stream or wetland crossings, alterations to
vegetation, or other alterations to the site’ s natural state.
i. The location of natural features, proposed and existing structures, and other proposed and
existing improvements associated with lands within 100 feet of the Water Resource
Protection Zone.
j. Proposed and existing land uses within 100 feet of the Water Resource Protection Zone.
k. The location of temporary fencing and erosion control measures installed to prevent
encroachment and flow of material into the Water Resource Protection Zone, such as
sediment fencing and hay bales, etc.
l. North arrow and scale.
m. Sources of information (federal, state and local).
4. Mitigation Plan prepared in accordance with the requirements described in section 18-3.10.110.
5. Management Plan prepared in accordance with the requirements described in subsection 18-
3.10.110.C., except a management plan is not required for residentially zoned lots occupied
only by a single-family dwelling and accessory structures.
B. Building Permits and Development Activities.
When approval of a planning action is not
required, other permit applications for the construction of structures or other development activities
on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor to
assure that Water Resource Protection Zones are accurately identified on a site plan and that
Limited Activities and Uses or other site disturbances will not be conducted within the Water
Resource Protection Zone. Temporary fencing and erosion control measures may be required to be
installed to prevent encroachment and flow of material or other debris into the Water Resource
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18-3.10 – Water Resources Protection Zones (Overlays)
Protection Zone and to otherwise prevent impacts to the Water Resource Protection Zone by clearly
identifying its boundaries. When required, these measures shall be installed and site-verified by the
Staff Advisor before any permits are issued and prior to the commencement of excavation, grading,
site clearing, construction or similar site work resulting in changes to the land.
C. Required Information Waived – Determination.
Applications under this chapter involving
properties containing a Water Resource Protection Zone shall accurately indicate the locations of
these features and all other information as described and required above. The Staff Advisor may
waive one or more of the required elements of the site development plan map in subsection 18-
3.10.100.A.3 if evidence is provided conclusively demonstrating that proposed excavation, grading,
site clearing, construction or similar actions resulting in changes to the property are not located
within the boundaries of the Water Resource Protection Zone.
18-3.10.110 Mitigation Requirements for Water Resource Protection Zones
A. Vegetation Preservation and Construction Staging.
The following standards shall be addressed
in mitigation plans to protect vegetation identified for preservation and water resources from
sedimentation when construction activity is proposed within a Water Resources Protection Zone.
1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and
vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the
work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated
work areas.
2. Trees shall not be used as anchors for stabilizing equipment.
3. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource
Protection Areas on a permanent basis. Temporary storage shall employ erosion control
measures to ensure sediments are not transported to adjacent surface waters.
4. Temporary erosion control measures shall be installed to prevent encroachment and flow of
runoff, material or other debris into the Water Resource. These measures shall be installed prior
to the commencement of excavation, grading, site clearing, construction or similar site work
resulting in changes to the land. Access roads, staging areas, storage areas and other areas of
temporary disturbance necessary to complete the proposed activity shall be restored as soon as
possible, but not more than 90 days after authorized land disturbance. Erosion control
measures shall be in place concurrently with construction or establishment of the proposed
activity. Temporary measures used for initial erosion control shall not be left in place
permanently.
B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans.
Mitigation plans are required to meet the standards in either the Prescriptive Option or Alternative
Option as follows.
1. Prescriptive Option The mitigation plan shall meet the following standards.
a. Re-planting Timeline. Re-planting shall occur within 90 days of authorized land disturbance.
b. Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored,
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re-planted and enhanced at a one square foot to one and a half square feet (1:1.5) ratio
(e.g. if 100 square feet of surface area is disturbed, 150 square feet shall be restored, re-
planted and enhanced).
c. Local Native Plant Species Coverage. The Stream Bank Protection Zone shall be a
minimum of 50% plant coverage in local native plant species with the installation of new
trees only to consist of native trees (Figures 8, 9 and 10). The Wetland Protection Zone shall
be 100% plant coverage in local native plant species and in accordance with local, state and
federal approved management plans. Local native plant species for stream bank and
wetland applications are identified on the City of Ashland’s Local Native Plant Species List.
The use of noxious and invasive plants on the City of Ashland’s Prohibited Plant List in
Water Resource Protection Zones is prohibited.
d. Re-planting Priorities.
i. Priority shall be given to removal of noxious and invasive vegetation and planting of local
native plant species.
ii. Plant materials shall be located in such a manner as to maximize enhancement and
restoration of the Water Resource Protection Zone, with particular emphasis on
temperature reduction of watercourses, erosion control, bank stabilization and wildlife
habitat enhancement.
iii. Nearby riparian plant communities should be used as a guide for developing a re-
vegetation plan.
e. Shrub and Tree Requirements. Re-planting shall include shrubs and tree canopy layers in
accordance with the following coverage and spacing requirements.
i. Shrubs shall be planted and maintained to provide a minimum of 50% total coverage of
the restored area within a five year period. The minimum planting size shall be one
gallon. Restoration areas that have existing vegetated under-story consisting of healthy
riparian shrubs that covers at least 50% of the restoration area are considered compliant
with the restoration standards for under-story plantings.
ii. Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be
one inch caliper. All new trees shall be staked and protected by deer/rodent-proof
fencing. Restoration areas that have an existing vegetated tree canopy consisting of
healthy trees at least four inches d.b.h. and at an average spacing of 20 feet on–center
are considered compliant with the restoration standards for trees.
f. Erosion Control. Erosion control material such as mulch, hay, jute-netting, or comparable
material shall be applied to protect disturbed, re-planted areas. Disturbed areas shall be
replanted so that landscaping shall obtain 50% coverage after one year and 90% coverage
after five years.
g. Irrigation. New plantings shall be irrigated for a period of five years to ensure establishment.
h. Performance. Local native plant species that do not survive the first two years after planting
shall be replaced.
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18-3.10 – Water Resources Protection Zones (Overlays)
i. Landscape and Irrigation Plans. A mitigation plan shall include landscape and irrigation
plans, with details addressing the proposed plant species, variety, size of plant materials,
number of plants, timing of plantings, plant spacing and installation methods. The
landscape plan shall address the plant coverage by local native plant species after five
years.
2. Alternative Option – The mitigation plan shall address the following requirements, and shall
meet or exceed the standards in the Prescription Option in subsection 18-3.10.110.B.1. The
Staff Advisor may require the mitigation plan to be prepared by a natural resource professional.
a. Assessment of Water Resource Protection Zone Structures, Functions and Values. A
mitigation plan shall include an assessment of the structures, functions and values (i.e.
water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed
alterations of the Water Resource Protection Zone and a clear explanation of how these
impacts are to be mitigated.
b. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives
and establish clear and measurable standards for determining if stated objectives have been
accomplished. For example, the objective might be to restore or enhance the shade canopy
within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while
the standard might be a certain percentage of shade canopy coverage at the end of one
year and 100% shade canopy coverage after three years.
c. Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and
hydrology of the mitigation area, including a grading plan at two foot contour intervals. For
applications involving Wetland Protection Zones, the application shall demonstrate that
plants have adequate access to site hydrology. For applications involving Stream Bank
Protection Zones, the grading plan shall identify newly planted areas and include slope
stabilizing measures to prevent erosion, ensure vegetative coverage and limit plant
mortality.
d. Landscape Plan. The Stream Bank Protection Zone shall be a minimum of 50% plant
coverage in local native plant species with the installation of new trees only to consist of
native trees (Figures 8, 9 and 10). The Wetland Protection Zone shall be 100% plant
coverage in local native plant species and in accordance with local, state and federal
approved management plans. Local native plant species for stream bank and wetland
applications are identified on the City of Ashland’s Local Native Plant Species List. The use
of noxious and invasive plants on the City of Ashland’s Prohibited Plant List in Water
Resource Protection Zones is prohibited. The landscape plan shall address the plant
coverage by local native plant species after five years, and shall be size and species-
specific, with details addressing the timing of plantings, proposed plant placement and plant
spacing.
C. Management Plan.
The applicant shall implement a management plan for the Water Resource
Protection Zone and resource areas under the applicant’ s ownership or control, including the areas
restored and enhanced to assure long term conservation and maintenance. The management plan
shall detail proposed monitoring and maintenance, and shall include a schedule delineating how
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completed projects will be monitored and reported to the Staff Advisor. The management plan shall
contain the following requirements.
1. The approved mitigation plan.
2. Identification of Water Resources and Water Resource Protection Zone management practices
to be conducted and proposed intervals.
3. The following statements.
a. “There shall be no alteration of the Water Resource Protection Zones as delineated and
shown on the attached plan.” (attach reduced plan)
b. “There shall be no alteration of the size, shape or design of an approved Water Resource
Protection Zone without prior approval by the City of Ashland”.
c. “There shall be no amendment or change to this Management Plan without prior approval of
the City of Ashland”.
4. Provisions for the ongoing removal and management of noxious or invasive vegetation and
debris.
5. Provisions for the protection of protected plant and animal species in accordance with
recommendations from applicable state and federal agencies.
6. Specific provisions for city enforcement of the management plan.
7. Any additional measures deemed necessary to protect and maintain the structures, functions
and values of the Water Resource Protection Zone (e.g. signage delineating preservation
boundaries).
8. Provisions for the perpetual protection and maintenance of the Water Resource and Water
Resource Protection Zone including but not limited to the following.
a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions
(CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning
application, development permit, building permit, or proposed public facilities plans, and any
imposed by state or federal permits.
b. Transfer of the ownership and maintenance responsibilities for the area to a willing public
agency, non-profit association or private conservation organization with a recorded
conservation easement prescribing the conditions and restrictions set forth in the approved
planning application, development permit, building permit, or proposed public facilities plans,
and any imposed by state or federal permits.
c. Other mechanisms addressing long-term protection, maintenance and mitigation consistent
with the purposes and requirements of this ordinance as deemed appropriate and
acceptable by the approval authority.
D. A Performance Guarantee.
In general, mitigation shall be implemented prior to or concurrently
with the project. The approval authority may require a performance bond or similar monetary
insurance of up to 110% of the proposal’s cost to guarantee that the mitigation proposal will be
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carried out as approved, and to ensure that the objectives are met through demonstration of
compliance with measurable standards and that the site will be maintained to keep the Water
Resource functioning properly.
18-3.10.120 Map Errors and Adjustments
The Staff Advisor may authorize a correction to a wetland on the Water Resources map when the
applicant has shown that a mapping error has occurred and the error has been verified by the Oregon
Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update
the Water Resources map and record the wetland delineation document. No formal variance
application or plan amendment is required for map corrections where an approved delineation with a
DSL letter of concurrence is provided. Approved delineations shall be subject to the terms of expiration
set forth in the DSL approval.
18-3.10.130 Enforcement and Penalties
A. Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition
of a permit issued under this chapter shall be a violation as defined by General Penalty chapter
1.08 and punishable by a fine as set forth in that section.
B. Mitigation and Management. Within 30 days of notification by the City of Ashland Planning Division
of a violation of a provision of this chapter or any condition of a permit issued under this chapter,
mitigation shall be required and the Staff Advisor may require the property owner to submit a
mitigation plan prepared by a natural resource professional and in accordance with subsection 18-
3.10.110.B.
C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as restitution for
the enforcement costs incurred by the City. This fee may be imposed upon any person who
violates any provision of this chapter or who violates any permit or condition of any issued permit
under this chapter. The fee shall be in an amount established by resolution of the City Council.
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18-3.11 – Site Development and Design Overlays
Chapter 18-3.11 – Site Development and Design Overlays
Sections
18-3.11.010 Purpose
18-3.11.020 Applicability
18-3.11.030 Detail Site Review Overlay
18-3.11.040 Downtown Design Standards Overlay
18-3.11.050 Historic District Overlay
18-3.11.060 Pedestrian Place Overlay
Comment:
This chapter consolidates existing ordinance provisions and creates new enabling provisions for the
following overlays, which are applied through Site Review: Detailed Site Review Overlay, Downtown Design
Standards Overlay, Historic District Overlay, and Pedestrian Places Overlay.
18-3.11.010 Purpose
The Site Development and Design overlays provide special regulations and standards that supplement
the base zoning regulations which are implemented through Site Review.
18-3.11.020 Applicability
This chapter applies to the Detail Site Review, Downtown Design Standards, Historic District, and
Pedestrian Place overlays. Development located within these overlays is required to meet all other
applicable sections of this ordinance, except as modified by this chapter. Where the provisions of this
chapter conflict with comparable standards described in any other ordinance or regulation, the
provisions of this chapter apply.
18-3.11.030 Detail Site Review Overlay
Comment:
This section carries forward 18.72.050.
A. The Detail Site Review overlay is that area defined in the City of Ashland Site Design Zones map.
B. Development in the Detail Site Review overlay is subject to section 18-4.2.040.B Detail Site Review
Standards in addition to all other applicable sections of this ordinance.
C. Any development in the Detail Site Review overlay which exceeds 10,000 square feet or is longer
than 100 feet in length or width shall be reviewed according to the Type 2 procedure.
18-3.11.040 Downtown Design Standards Overlay
Comment:
This section carries forward 18.72.055.
A. The Downtown Design Standards Overlay is that area defined in the City of Ashland Site Design
Zones map.
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18-3.11 – Site Development and Design Overlays
B. Development in the Downtown Design Standards Overlay is subject to section 18-4.2.070
Downtown Design Standards in addition to all other applicable sections of this ordinance.
C. Any development in the Downtown Design Standards overlay which exceeds 2,500 square feet
shall be reviewed according to the Type 2 procedure.
18-3.11.050 Historic District Overlay
Comment:
This section provides enabling language for the historic district regulations currently contained in the
SDUS document.
A. The Historic District Overlay, also referred to as the Historic Interest Area, is that area defined in the
City of Ashland Historic Districts map.
B. Development in the Historic District Overlay is subject to section 18-4.2.050 Historic District
Standards in addition to all other applicable sections of this ordinance.
18-3.11.060 Pedestrian Place Overlay
Comment:
This section carries forward 18.56.040. The “Applicability” section is reworded for consistency
throughout the ULUO.
A. Purpose.
The Pedestrian Place overlay is intended to direct and encourage development of small
walkable nodes that provide concentrations of gathering places, housing, businesses and
pedestrian amenities situated and designed in a way to encourage walking, bicycling and transit
use.
B. Applicability
1. Location.The Pedestrian Place overlay is that area defined in the City of Ashland Site Design
Zones map. This section applies to properties designated as Pedestrian Places overlay on the
City of Ashland Site Design Zones map.
2. Review Procedure. The Pedestrian Place overlay requirements apply to proposed development
located in the Pedestrian Place overlay that requires a planning application approval, and
involves development of new structures or additions other than single-family dwellings and
associated accessory structures and uses.3.Pedestrian Overlay Standards Apply. The
provisions of the Pedestrian Place overlay supplement those of the applicable base zoning
district and other applicable ordinance requirements. Where the provisions of this chapter
conflict with comparable standards described in any other ordinance or regulation, the
provisions of the Pedestrian Place overlay shall apply.
Mixed-use buildings in a residential base zoning
3. Mixed-Use Buildings in Residential Zones.
district require Site Review approval in accordance with chapter 18-5.2, and are subject to the
non-residential standards section 18-4.2.040.A Basic Site Review Standards rather than the
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residential standards in section 18-4.2.030 Residential Development. Mixed-use buildings are
subject to all other applicable provisions of Part 18-4 Site Development and Design Standards.
C. Pedestrian Place Concept Plans.
The Pedestrian Place Concept plans (i.e. site plan,
development summary and building illustrations) are for the purpose of providing an example of
development that conforms to the standards, and do not constitute independent approval criteria.
Concept plans are attached to the end of this chapter.
D. Development Standards.
In addition to the requirements of the base zoning district, the The
following standards shall apply to development in the Pedestrian Places overlay in addition to all
applicable provisions of this ordinance.
1. Building Setbacks. The solar access setback in chapter 18-4.10 Solar Access applies only to
those lots abutting a residential zone to the north.
2. Plazas and Landscaping Ratio. Outdoor seating areas, plazas and other useable paved
surfaces may be applied toward meeting the landscaping area requirements in chapter 18-4.5,
but shall not constitute more than 50% of the required area.
within Pedestrian Place
E. Development in Residential Base Zone Residential Zoning Districts
Overlay.
The following provisions shall apply to development in residential base zones in the
Pedestrian Places overlay in addition to all applicable provisions of this ordinance.
1. Special Permitted Uses. In addition to the permitted uses in the base residential zoning district,
the following uses and their accessory uses are permitted outright subject to the requirements of
this section and the requirements of Part 18-4 Site Development and Design Standards.
a. Professional, financial, business and medical offices, and personal service establishments.
b. Stores, shops and offices supplying commodities or performing services.
c. Restaurants.
2. Development Standards and Limitations.
a. The maximum gross floor area occupied by a special permitted use shall be 2,500 square
feet.
b. Special permitted uses shall be allowed in a building or in a group of buildings including a
mixture of businesses and housing. At least 50% of the total gross floor area of a building or
of multiple buildings shall be designated for housing.
c. The development shall meet the minimum housing density requirements of the base zoning
district.
d. A building shall be setback not more than five feet from a public sidewalk unless the area is
used for pedestrian activities such as plazas or outside eating areas, or for a required public
utility easement.
e. Developments shall have a minimum Floor Area Ratio (FAR) of .50. Plazas and pedestrian
areas shall count as floor area for the purposes of meeting the minimum FAR. Projects
including existing buildings or vacant parcels of a half an acre or greater in size shall
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achieve the required minimum FAR, or provide a shadow plan (see graphic) that
demonstrates how development may be intensified over time to meet the required minimum
FAR.
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18-3.12 – Residential Overlay
Chapter 18-3.12 Residential Overlay
Comment:
This section carries forward 18.56.050. A purpose statement is added for clarity and consistency
throughout the ULUO.
Sections
18-3.12.010 Residential Overlay Regulations
18-3.12.010 Residential Overlay Regulations
A. Purpose.
The Residential overlay is intended to encourage a concentration and mix of businesses
and housing that provides a variety of housing types, supports resource and energy conservation,
and promotes walking, bicycling and transit use.
B. Applicability.
The Residential overlay applies to all property where ‘Residential Overlay’ (‘R’) is
indicated on the City of Ashland Zoning map. The Residential Overlay applies to all property where
a“R”is indicated on the Ashland Zoning Map.
C. Requirements.
The Residential Overlayapplies to all property where (R) is indicated on the
Ashland Zoning Map. The Residential overlay requirements are as follows:
Comment:
The highlighted language below is added to clarify the calculation for sites with multiple buildings. This
is an amendment made per the Planning Commission input, and was included as an item to address on the Policy
Issues and Recommendations from the 2005 Land Use Ordinance Review.
1. At least 65% of the total gross floor area of the ground floor, or if there are multiple buildings on
a site, at least 50% of the total lot area, including accessory uses such as parking, landscaping,
and public space, if there aremultiple buildings, shall be designated for permitted or special
permitted uses, excluding residential.
2. Residential densities shall not exceed fifteen (15) dwelling units per acre. For the purpose of
density calculations, units of less than 500 square feet of gross habitable floor area shall count
as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design standards as for
permitted uses in the E-1 District.
4. If the number of residential units exceeds ten (10), then at least 10% of the residential units
shall be affordable for moderate-income persons in accord with the standards established by
resolution of the Ashland City Council through procedures contained in the resolution. The
number of units required to be affordable shall be rounded down to the nearest whole unit.
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