HomeMy WebLinkAbout2013-11-12 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
REGUULAR MEETING
NOVEEMBER 12, 20013
AGENDA
I. CALL TO ORDER:
7:00 PM, Ciivic Center Coouncil Chambbers, 1175 E. Main Street
II.. ANNOOUNCEMENTTS
IIII. CONSSENT AGENDDA
A. Appproval of Minutes
1.October 8, 2013 Regular Meeting.
2.October 22, 2013 Study Session
IVV. PUBLIC FORUM
V. TYPE II PUBLIC HEARING
A. PLLANNING ACCTION: 2013-01505
SUUBJECT PROOPERTY: 31 North Mounntain Avenuee
APPPLICANT: AAyala Properties, LLC
DEESCRIPTIONN: A request ffor Site Review and Outline Plan appproval under the Performance
Standards Opttions Chapteer 18.88 for aa13 unit, 14 loot multi-famiily developmment for the pproperty
loccated at 31 NN. Mountain AAve. A Tree Removal Perrmit is requeested to remoove 11 trees greater
thaan six-inches in diameteer at breast hheight on the site. The exxisting buildinng has been previously
appproved for ddemolition peending approoval of a repplacement plaan.
COOMPREHENSSIVE PLAN DDESIGNATIOON: High Dennsity Multi-Family Resideential; ZONINNG: R-3;
ASSSESSOR’S MAP #: 39 1E 09 AD; TAXX LOT: 700.
VI. DISCUUSSION ITEMMS
A. Unnified Land UUse Ordinancce: Final Draaft Review off Section 18-22, Zoning Reegulations
VII. ADJOURNMENT
Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please
coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the
mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104
ADDA Title 1).
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 8, 2013
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Brandon Goldman, Senior Planner
Richard Kaplan April Lucas, Administrative Supervisor
Melanie Mindlin
Tracy Peddicord
Absent Members: Council Liaison:
Debbie Miller (Recused due to Mike Morris
potential conflict of interest)
ANNOUCEMENTS
Community Development Director Bill Molnar announced the Commission will be finishing up the Unified Land Use Ordinance
and Normal Neighborhood Plan projects over the next few months, and there are also two land use hearings coming. He also
stated the City Council will be discussing short term vacation rentals in single family zones and potential changes to the 200 ft.
rule in multi-family zones at their November Study Session.
CONSENT AGENDA
A. Approval of Minutes.
1. September 10, 2013 Regular Meeting.
2. September 24, 2013 Study Session.
Commissioners Kaplan/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 4-0.
\[Commissioner Brown abstained\]
PUBLIC FORUM
No one came forward to speak.
DISCUSSION ITEMS
A. Normal Avenue Neighborhood Plan.
Staff Report
Senior Planner Brandon Goldman stated the final draft plan was presented at their last meeting and reviewed the Staff Memo
which addressed the questions previously raised by the Commission. He noted the Transportation Commission discussed this
plan at their September 26 meeting and have continued their discussions to October 24. Mr. Goldman addressed the next steps
in the process and explained the Planning Commission will hear the plan again on November 26 with the public hearing
scheduled for December 10; and the City Council hearing has been tentatively scheduled for January 7, 2014.
Staff was asked to comment on any items that are unique to the Normal Plan and deviate from the current standards in the land
use code. Mr. Goldman responded that the dimensional regulations are unique to these zoning designations, and added the
cottage development minimum outdoor recreation space could be included in the new code language if they are specific to the
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October 8, 2013
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Normal Plan, or could be removed and included in the Unified Code if there are opportunities to apply those standards in other
zones throughout the City. Aside from those, he stated the remaining standards were intended to be consistent with the existing
standards in the land use code.
Staff was asked whether any of the properties have had their permitted density decreased. Mr. Goldman clarified the area in the
southwestern corner would change from suburban residential (7.2 units per acre) to single family residential (5 units per acre).
Public Input
Sue DeMarinis/145 Normal Avenue/Read aloud her prepared statement that outlined her concerns with the plan, including
density, wetlands, and traffic safety. (See Exhibit A, attached)
Randy Jones/815 Alder Creek Drive, Medford/Stated he is speaking on behalf of six different property owners and explained
while they would prefer to have lower density on their land they are willing to support the plan. Mr. Jones stated they are in the
process of obtaining a wetland delineation and the wetlands as currently shown on the map will significantly shrink and some
will disappear completely. He stated they are hoping for a wet year so they can determine the true hydrology of the site and
what has been artificially charged by irrigation water. Mr. Jones stated the Cemetery Creek wetland will shrink down because
there is some illegal dumping of storm water from projects to the east, and stated the local, significant wetland adjacent to the
new Normal Street will disappear as it is artificially charged by sloppy irrigation. Mr. Jones stated they are fixing these things
now so when the delineation happens this winter they will know exactly where the setbacks are and what can happen on their
property.
John Cowell/501 Canter Lane/Stated he represents Grace Point Church and read aloud a prepared statement that addressed
their concerns with the wetland delineation and the proposed density for their property. (See Exhibit B, attached)
Ray Eddington/501 Canter Lane/Stated he is also a representative of Grace Point Church and voiced his support for the
statements made by Mr. Cowell.
Suzanne Marshall/369 Meadow Drive/Commented on the issue of sewage and stated this is a problem that needs attention.
She stated they experience odors and have witnessed City workers vacuuming out the sewers on a monthly basis for several
years. Ms. Marshall stated denser housing will exacerbate this problem and asked for assurance that the sewer system will be
improved as new development occurs.
Howard Miller/160 Normal Avenue/Listed his concerns with the plan and stated currently there are two roads going across his
property and a sidewalk across his front porch. Mr. Miller commented on the hydrology of the site. He stated the wetlands do
indeed change and having roads too close to them is not the right way to handle this. He stated the subsurface flows are quite
significant and recommended this be carefully examined. Mr. Miller voiced concern with the adjacent cottonwood trees in the
wetland area that were removed today, and noted his four-acre property is used for food production and there has been no
discussion of this. He concluded by stating the Normal Plan is too compact for the area and asked them to recognize the
residents that are already there and will have to live with this plan.
Bryce Anderson/2092 Creek Drive/Stated he represents the Meadowbrook Park Estates Homeowners Association and read
aloud a prepared statement that outlined their traffic concerns. (See Exhibit C, attached)
Marni Koopman/1790 Homes Avenue/Read aloud her prepared statement which outlined her concerns about climate change
and the increased potential for floods, draught and wildfires. (See Exhibit D, attached)
Paula Skuratowicz/2124 Creek Drive/Stated she represents Ashland Meadows Homeowners Association and read aloud her
prepared statement that outlined their concerns with the lack of public transportation for this area. (See Exhibit E, attached)
Brett Lutz/1700 East Main Street/Noted he provided comment to the Transportation Commission at their September 26
th
meeting and shared his concerns with the wetland areas. He stated his property is on a well and there are areas of this property
that stay green year round due to the underground water. Mr. Lutz commented that the area that is now the bus loop used to be
Ashland Planning Commission
October 8, 2013
Page 2 of 4
a larger wetland area, but the water was diverted to a pipe under the road to a nearby stream. Additionally he voiced his
concern with the proposed density for the area and raised issue with the location of the roadway on East Main.
Bob Ayers/2090 Creek Drive/Stated his primary concern is the Cemetery Creek wetland area, which is adjacent to his home,
and encouraged the Commission to preserve the existing wetlands and wildlife.
Questions of Staff & Commissioner Comments
Staff was asked to clarify the relationship between the plan they are making and the property owner’s ability to delineate their
wetlands differently from what the plan shows. Mr. Molnar explained the maps that people have referred to were created by a
very prescriptive process laid out by the State of Oregon and those areas became part of the statewide local wetlands inventory.
He stated this inventory was much more detailed and contains better information than the national inventory that was done
decades ago, and was intended to let property owners know where the wetlands likely are. Mr. Molnar explained at the time
someone chooses to develop their property and encroach onto that area, they are required to provide a wetland delineation
which is a much more detailed survey that is submitted to the State for verification, and then becomes the official wetlands
boundary that our local ordinances go off of. He clarified wetland delineations are only good for a certain amount of time
because wetlands change, and if there is a wetland on any part of the property the delineation is required.
Comment was made questioning the potential weakness of approving the plan with the current wetland delineations from the
State.
Comment was made questioning delineating the wetlands in wet versus drought cycles. Commissioner Peddicord shared her
experience with submitting wetland delineations to the State and stated they have to meet a very prescriptive criteria. She
added while a delineation now would be very helpful, it might be very different 15-20 years from now when development actually
occurs.
Comment was made acknowledging the residents’ concerns with traffic on East Main Street, but clarifying that this is an issue
for the Transportation Commission. Mr. Goldman clarified these improvements are laid out in the Transportation System Plan,
but ultimately these are capital improvement projects as well as improvements that are development driven. He added in staff’s
conversations with RVTD they have indicated the buses will follow the people, and it will not be until this area builds out that bus
service is provided.
Staff was asked whether assisted living facilities are allowed in the proposed zones. Mr. Goldman clarified currently it is not
listed as a permitted or conditional use; however in our standard multi-family zones these are a conditional use. Several
commissioners voiced support for allowing assisted living facilities as a conditional use and for the Normal Area zones to not be
any more restrictive than similar zones throughout the City.
Mr. Molnar commented on the hydrology issue. He stated this is a difficult subject but staff has listened to the input and will
return with some options for the Commission to consider. He stated he would have a hard time recommending a full delineation
of the site at this point to the City Council, and noted the issues of who would pay for it and how long it would be valid. He stated
they will need to determine whether to address the wetlands on a case by case basis, and regardless of the delineation are
there areas they want to preserve; and if so, how are the property rights of the individual owners affected by the plan. Comment
was made expressing concern with creating special conditions in terms of the wetlands and hydrology of this area and
commenting that there are a lot of places in town that could be considered equally as sensitive. It was questioned how far they
can really go in creating special circumstances here.
Comment was made questioning if the increased density they are allowing compensates for the allocation of open space. Mr.
Goldman stated staff has not done a property by property analysis of this; however it is clear the properties in the southwest
corner will have a reduction from 7.2 units per acre to 5 units per acre. He added that all of these properties are currently in the
County and they are free to develop under the County’s standards which differ from the City’s. He noted the comment made
during public testimony of trees being removed and clarified that the County has different riparian protection standards and this
would have required a permit and review under the City’s ordinance. He added under the County standards property owners
can build a home with only building permits, and do not need to provide a wetland delineation if they show they are outside the
Ashland Planning Commission
October 8, 2013
Page 3 of 4
state’s wetland inventory; whereas if they annexed into the City, this would be a requirement as well as locating their home in a
way that allows for future street connectivity.
Comment was made questioning where the funds will come from to address the transportation concerns. Mr. Molnar stated staff
will meet with the Public Works Department and try to determine if the East Main Street improvements will be paid for by the
capital improvements plan. He added the other big ticket item will be improving the railroad crossing. Opinion was given that if
the Baptist property develops they should have to pay for the street improvements rather than pushing this cost onto the
neighbors.
Fire Marshall Margueritte Hickman was asked to come forward and speak to the fire access requirements. Ms. Hickman
explained that if a street dead-ends this would be a concern for the Fire Department. Mr. Molnar clarified this plan shows the
minimums necessary to access the property and there could be extra streets or requirements added based on the individual
development proposals. He also noted this plan anticipates the future connectivity for the entire site and there could be interim
requirements to facilitate fire apparatus access.
ADJOURNMENT
Meeting adjourned at 9:10 p.m.
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EXHIBIT A
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Planning Commission Minutes
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
October 22, 2013
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Maria Harris, Planning Manager
Richard Kaplan April Lucas, Administrative Supervisor
Debbie Miller
Melanie Mindlin
Tracy Peddicord
Absent Members: Council Liaison:
None Mike Morris, absent
ANNOUCEMENTS
Community Development Director Bill Molnar reminded the group of the upcoming meeting dates. He noted November 26,
2013 will be a Special Meeting and stated the December 24, 2013 meeting has been cancelled. He also asked that the
Commission start thinking about when they would like to present their update to the City Council.
PUBLIC FORUM
No one came forward to speak.
DISCUSSION ITEMS
A. Unified Land Use Ordinance – Final Draft Review
Planning Manager Maria Harris provided an overview of the process to date and explained staff is finishing up their work on
the final draft. She explained tonight they will be reviewing sections 18-1 and 18-3 and provided an overview of the proposed
changes.
18-1: Introduction and General Provisions
Nonconforming Situations: Chapter is reorganized according to the four types of nonconforming situations (uses,
structures, developments and lots)
Expansion of Nonconforming Use: A clause has been added that allows a structure that houses a nonconforming
use to be expanded up to 50% of the building square footage.
Discontinuation of Nonconforming Use: The existing standard has been revised to state if a nonconforming use is
discontinued for more than 12 months it is considered abandoned and no longer allowed.
Nonconforming Garages and Sheds: Language has been added that allows garages and sheds to be rebuilt with
just a building permit as long as the three dimensional shape, footprint, and use do not change.
Destruction of Nonconforming Structure: This amendment allows a nonconforming structure destroyed by a
catastrophe to be restored or reconstructed provided the nonconformity does not increase.
Nonconforming Developments: The existing standard applies to nonresidential development whereas the
proposed amendment would apply to residential and nonresidential developments.
Mr. Molnar clarified if the nonconformity encroaches into the public right of way, the property owner would not be allowed to
rebuild in its current location.
Ashland Planning Commission
October 22, 2013
Page 1 of 3
Planning Approval Expiration: The approval timeline has been extended to 18 months.
Planning Approval Extension: This provision has been increased from 18 months to 2 years.
Revocation Public Hearing: This amendment revises the references to Type II planning action noticing and process
which requires a public hearing.
Violations of Land Use Ordinance: Language has been edited for clarity.
18-3: Special Districts and Overlay Zones
Croman Mill Major Amendment for Zone Change: Amended the standard to require a major amendment in order
to change zoning in the Croman Mill District.
Croman Mill Potable Water Standard: Created a more measurable standard by adding “50% of baseline” and
inserted a definition of baseline into section 18-6.
North Mountain Allowable Lot Coverage in Neighborhood Central Zone: Increased maximum lot coverage to
85% to be more consistent with C-1 and E-1 zones.
Nonresidential Land Divisions in Performance Standards Options (PSO) Subdivisions: Added clarification that
PSOs can be used to subdivide land in nonresidential zones.
Affordable Housing Density Bonus in Performance Standards Options Subdivisions: Amended standard to
allow a density bonus of two market units (up to a maximum of 35%) for every affordable unit provided.
Cottage Housing Density Bonus in Performance Standards Options Subdivisions: Added language that states
in the
R-1 zone, two cottage housing units are allowed in place of each single-family unit allowed by base density.
Previously Approved Building Envelopes and Driveways in Water Resource Protection Zones: This provision
expired on January 15, 2013 and therefore has been removed.
Purpose of Residential Overlay: Added a purpose statement explaining the intent of the overlay is to encourage a
concentration and mix of business and housing to provide a variety of housing types; support resource and energy
conservation; and promote walking, bicycling, and transit use.
Residential Uses in Multiple Buildings Residential Overlay: Amended standard to state 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) shall be designated for nonresidential permitted uses.
Commission Discussion
The Commission issued the following statements and suggestions to staff regarding the proposed amendments:
A correction was noted to page 3-47. The last sentence of 18-3.5.020(A) should read: “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 within the SOU boundary…”
A correction was noted to page 3-4. The header at the top of the page should read: “Title 18 – Part 3 – Special
Districts and Overlay Zones”
Comment was made regarding the amendment to 18-3.8.020 which allows the performance standards option to
divide residential and non-residential zoned land and suggestion was made for staff to consider allowing this option
throughout the City.
Comment was made questioning why shifting a road up to 50 ft. in the North Mountain neighborhood is a minor
amendment, but in the Croman Mill district it is 25 ft.; Why isn’t this consistent? Mr. Molnar clarified the Croman plan
was more detailed than the North Mountain plan and stated the Croman site is fairly constrained with the railroad on
one side and the creek on the other; therefore some of the block lengths were pretty much set.
Comment was made that items 4 and 6a on page 3-25 are worded awkwardly and suggesting staff revisit these.
Comment was made that in order for cottage housing to work there will need to be separate parking standards in the
performance standards section.
Ms. Harris thanked the Commission for their input and clarified the final draft will come back in sections over the next few
meetings. She noted the final version will be a “clean copy” and recommended the commissioners hang onto these materials if
Ashland Planning Commission
October 22, 2013
Page 2 of 3
they want a marked copy for their discussions. She added the Unified Code is currently scheduled to be presented to the City
Council for final approval in December.
ADJOURNMENT
Meeting adjourned at 8:00 p.m.
Ashland Planning Commission
October 22, 2013
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TYPE II
PUBLIC HEARING
_________________________________
PA-2013-01505
31 North Mountain
DISCUSSION ITEM
_________________________________
Unified Land Use Ordinance
Section 18-2: Zoning Regulations
Memo
DATE: Novembeer 12, 2013
TO:AshlandPlanning Coommission
FROM:Maria Haarris, Planninng Manager
RE:
Unified LLand Use Orrdinance (ULLUO)
Pre-adopption processs review – Paart 2
SSUMMARYY
TThe revised ddraft of the UULUO is schheduled for PPlanning Coommission reeview prior tto beginningg the
fformal adopttion process so that Commmission hass an opportunnity to revieww and discuss the edits mmade
ssince the Commmission’sreview of thhe previous ddraft.
BBACKGROOUND
AAttached is PPart 2 Zoning Regulationns of the ULLUO, and a mmatrix coverring the substantive channges. The
mmore significcant changess since the laast draft are tthe addition of section 18-2.3.090CCottage Houssing, and
in Table 18-22.5.030.A a new exempttion for pervvious paving,, a new half story setbacck, and amenndments
tto building separation annd alley setbaacks.
TThe Commisssion has recceived a prevvious versionn of the matrrix. New or rrevised amenndments aree
hhighlighted iin 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
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TITLE 18 – PART 2 – ZONING REGULATIONS 3
Chapter 18-2.1 – Zoning Regulations - General Provisions 4
18-2.1.010Purpose 4
18-2.1.020Zoning Map and Classification of Zones 4
18-2.1.030Determination of Zoning Boundaries 6
18-2.1.040Applicability of Zoning Regulations 7
Chapter 18-2.2 – Base Zones - Allowed Uses 8
18-2.2.010Purpose 8
18-2.2.020Applicability8
18-2.2.030Allowed Uses 8
Chapter 18-2.3 – Special Use Standards 18
18-2.3.010Purpose 18
18-2.3.020Applicability18
18-2.3.030Review Process 19
18-2.3.040Accessory Residential Unit 19
18-2.3.050Automobile and Truck Repair Facility 20
18-2.3.060Bottling Plant, Cold Storage Facility, Creamery 20
18-2.4.070Commercial Excavation – Removal of Earth Products 21
18-2.3.080Commercial Laundry, Dry-cleaning, Dyeing, and Similar Uses 21
18-2.3.090Cottage Housing 22
18-2.3.100Drive-Up Use 27
18-2.3.110Duplex Dwelling Standards 29
18-2.3.120Dwelling in Historic District Overlay 29
18-2.3.130Dwelling in Non-Residential Zone 29
18-2.3.140Food Products Manufacture 30
18-2.3.150Home Occupation 31
18-2.3.160Keeping of Livestock and Bees 33
18-2.3.170Manufactured Home on Individual Lot 37
18-2.3.180Manufactured Housing Developments 39
18-2.3.190Multiple-Family Rental Unit Conversion to For-Purchase Units 43
18-2.3.200Retail Uses Allowed in Railroad Historic District 45
18-2.3.210Traveler’s Accommodations in R-2 and R-3 Zones 45
Chapter 18-2.4 – General Regulations for Base Zones 48
18-2.4.010Access – Minimum Street Frontage 48
18-2.4.020Accessory Structures and Mechanical Equipment 48
18-2.4.030Arterial Street Setback 48
18-2.4.040Vision Clearance Area 49
18-2.4.050Yard Requirements and General Exceptions 49
Chapter 18-2.5Standards for Residential Zones 50
18-2.5.010Purpose 50
18-2.5.020Applicability50
18-2.5.030Unified Standards for Residential Zones 50
18-2.5.040Accessory Buildings and Structures 57
18-2.5.050Affordable Housing Standards 58
18-2.5.060Yard Exceptions 61
18-2.5.070Maximum Permitted Residential Floor Area in Historic District 62
City of Ashland 2-1 Draft #3 – November 2013
Land Use Ordinance
Residential Density Calculation in R-2 and R-3 Zones 64
18-2.5.080
18-2.5.090Standards for Single-Family Dwellings 67
Chapter 18-2.6Standards for Non-Residential Zones 69
18-2.6.010Purpose 69
18-2.6.020Applicability69
18-2.6.030Unified Standards for Non-Residential Zones 69
City of Ashland 2-2 Draft #3 – November 2013
Land Use Ordinance
TITLE 18 – PART 2 – ZONING REGULATIONS
Chapters:
18-2.1 Zoning Regulations – General Provisions
18-2.2 Base Zones – Allowed Uses
18-2.3 Special Use Standards
18-2.4 General Regulations for Base Zones
18-2.5 Standards for Residential Zones
18-2.6 Standards for Non-Residential Zones
Comments:
Part 18-2 reorganizes Ashland’s existing zoning districts. Special districts (CM, HC, NM and SOU)
and overlay zones are contained in 18-3.
City of Ashland 2-3 Draft #3 – November 2013
Land Use Ordinance
18-2.1 – Zoning Regulations – General Provisions
Chapter 18-2.1 – Zoning Regulations - General Provisions
Sections:
18-2.1.010 Purpose
18-2.1.020 Zoning Map and Classification of Zones
18-2.1.030 Determination of Zoning District Boundaries
18-2.1.040 Applicability of Zoning Regulations
Comment:
Chapter 18-2.1 carries forward the current ordinance Chapter 18.12 Districts and Zoning Map. The
chapter establishes the zoning districts in accordance with the Ashland Comprehensive Plan.
18-2.1.010 Purpose
Comment:
Section 18-2.1.010 is new language establishing the connection between the zoning districts and the
Ashland Comprehensive Plan, and the allowed land uses according to the zoning district.
Chapter 18-2.1 establishes zoning districts pursuant to the City of Ashland Comprehensive Plan. Every
parcel, lot, and tract of land within the City of Ashland is designated with a zoning district. The use of
land is limited to the uses allowed by the applicable zoning district.
18-2.1.020 Zoning Map and Classification of Zones
Comment:
Section 18-2.1.020 is covered in 18.12.020. Classification of Districts. The wording and table are
improved, but the content is the same as the current ordinance.
City of Ashland 2-4 Draft #3 – November 2013
Land Use Ordinance
18-2.1 – Zoning Regulations – General Provisions
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.
Table 18-2.1.020
Base Zones Overlay Zones
Residential – Rural (RR) Airport Overlay
Detail Site Review Overlay
Woodland Residential (WR) Downtown Design Standards Overlay
Residential - Single-family (R-1 and R-1-3.5)Freeway Sign Overlay
Residential - Low Density Multiple Family Historic District Overlay
(R-2)
Residential - High Density Multiple Family Pedestrian Place Overlay
(R-3)
Commercial (C-1) Performance Standards Options
Overlay
Commercial – Downtown (C-1-D) Physical and Environmental Constraints
Overlay
Employment (E-1) -Hillside Lands
-Floodplain Corridor Lands
Industrial (M-1) -Severe Constraints Lands
-Water Resources
-Wildfire Lands
Special Districts
Croman Mill District Zone (CM)
Residential Overlay
Health Care Services Zone (HC)
North Mountain Neighborhood (NM)
Southern Oregon University (SOU)
City of Ashland 2-5 Draft #3 – November 2013
Land Use Ordinance
18-2.1 – Zoning Regulations – General Provisions
18-2.1.030 Determination of Zoning Boundaries
Comment:
Section 18-2.1.030 updates and clarifies 18.12.040 District Boundaries.
Unless otherwise specified, zoning boundaries are lot lines, the centerlines of streets, and railroad right-
of-way, or such lines extended. Where due to the scale, lack of scale, lack of detail or illegibility of the
Zoning Map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended
location of a zoning boundary, the Staff Advisor or, upon referral, the Planning Commission or City
Council, shall determine the boundary as follows:
A. Rights-of-way.
Boundaries that approximately follow the centerlines of a street, highway, alley,
bridge, railroad,or other right-of-way shall be construed to follow such centerlines. Whenever any
public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall
automatically be subject to the same zoning designation that is applicable to lands abutting the
vacated areas. In cases where the right-of-way formerly served as a zoning boundary, the vacated
lands within the former right-of-way shall be allocated proportionately to the abutting zones.
B. Parcel, lot, tract.
Where a zoning boundary splits a lot into two zones and the minimum width or
depth of a divided area is 20 feet or less, the entire lot shall be placed in the zone that accounts for
the greater area of the lot by the adjustment of the zoning boundary. Where a zoning boundary
splits a lot into two zones and the minimum width and depth of both divided areas is greater than 20
feet, the lot shall have split zoning with lot area designated proportionately to each zone.
C. Jurisdiction boundary.
Boundaries indicated as approximately following a City or County
boundary, or the Urban Growth Boundary, shall be construed as following said boundary; and
D. Natural features.
Boundaries indicated as approximately following the centerlines of a river or
stream, or a topographic contour, or similar feature not corresponding to any feature listed in
subsection A-C, above, shall be construed as following such feature.
City of Ashland 2-6 Draft #3 – November 2013
Land Use Ordinance
18-2.1 – Zoning Regulations – General Provisions
18-2.1.040 Applicability of Zoning Regulations
Comment:
Section 18-2.1.040 is new, and is intended to provide the reader with a roadmap to the zoning
standards that apply to a property given the location in the zoning district, special district, and overlay zones.
Part 18-2 applies to properties with base zone, special district, and overlay zone designations, as
follows:
Table 18-2.1.040: Applicability of Standards to Zones, Plan Districts and Overlays
Designation Applicability
Base Zones
Residential – Rural (RR) Chapter 18-2 Applies Directly
Woodland Residential (WR) Chapter 18-2 Applies Directly
Residential - Single-family (R-1 and R-1-3.5) Chapter 18-2 Applies Directly
Residential - Low Density Multiple Family (R-2) Chapter 18-2 Applies Directly
Residential - High Density Multiple Family (R-3) Chapter 18-2 Applies Directly
Commercial (C-1) Chapter 18-2 Applies Directly
Commercial – Downtown (C-1-D) Chapter 18-2 Applies Directly
Employment (E-1) Chapter 18-2 Applies Directly
Industrial (M-1) Chapter 18-2 Applies Directly
Special Districts
Croman Mill District Zone (CM) CM District Replaces chapter 18-2
Health Care Services Zone (HC)
North Mountain Neighborhood (NM) NM District Replaces chapter 18-2
Southern Oregon University (SOU)
Overlay Zones
AirportOverlay Modifies chapter 18-2
Detail Site Review Overlay Modifies chapter 18-2
Downtown Design Standards Overlay Modifies chapter 18-2
Freeway Sign
Overlay Modifies chapter 18-2
HistoricOverlay Modifies chapter 18-2
Pedestrian Place Overlay Modifies chapter 18-2
Performance Standards Options Overlay Modifies chapter 18-2
Physical and Environmental Constraints Overlay Modifies chapter 18-2
Residential Overlay Modifies chapter 18-2
City of Ashland 2-7 Draft #3 – November 2013
Land Use Ordinance
18-2.2 – Base Zones - Allowed Uses
Chapter 18-2.2 – Base Zones - Allowed Uses
Sections:
18-2.2.010 Purpose
18-2.2.020 Applicability
18-2.2.030 Allowed Uses
Comments:
The following five chapters – 18-2.2 through 18-2.6- consolidate and reformat the material
from the existing nine chapters on the residential and employment zones. The intent is to cover the same
material for a variety of zones (e.g. the uses allowed in districts, or the dimensional standards such as
setbacks, lot coverage and height in the residential districts) in one chapter, rather than having it
decentralized in the individual zoning district chapters.
The nine base residential and commercial zones from the current ordinance covered by 18-2.2 through
18-2.6 are as follows.
Chapter 18.14 W-R Woodland Residential District
Chapter 18.16 R-R Rural Residential District
Chapter 18.20 R-1 Single-Family Residential District
Chapter 18.22 R-1-3.5 Suburban Residential District
Chapter 18.24 R-2 Low Density Multiple-Family Residential District
Chapter 18.28 R-3 High Density Multiple-Family Residential District
Chapter 18.32 C-1 Retail Commercial District
Chapter 18.40 E-1 Employment District
Chapter 18.52 M-1 Industrial District
This chapter consolidates the lists of allowed uses from the residential and employment zones into one
table. The special use standards are contained in chapter 18-2.3
18-2.2.010 Purpose
Chapter 18-2.2 regulates allowed land uses pursuant to the City of AshlandComprehensive Plan and
the purposes of this ordinance, per chapter 18-1.2.020.
18-2.2.020 Applicability
All uses of land in the City of Ashland are subject to the regulations of chapter 18-2.2. Certain types of
land uses are also subject to the Special Use regulations in chapter 18-2.3, and some properties are
subject to the overlay zone regulations contained in 18-2.20 through 18-2.29, as applicable.
18-2.2.030 Allowed Uses
Comments:
Three types of land use designations are provided: “P” means the use is permitted; “S” means the
use is permitted with Special Use Standards (Chapter 18-2.3); “CU” means the use is allowed, subject to approval
of a Conditional Use Permit (Chapter 18-5.4). “N” indicates the use is prohibited in the zone.
A. Uses Allowed in Base Zones.
Allowed uses include those that are permitted, those that are
City of Ashland 2-8 Draft #3 – November 2013
Land Use Ordinance
18-2.2 – Base Zones - Allowed Uses
permitted subject to special use standards, and those that are allowed subject to approval of a
conditional use permit. Where Table 18-2.2.030 does not list a specific use and chapter 18-6 does
not define the use or include it as an example of an allowed use, the City may find that use is
allowed, or is not allowed, following the procedures of section 18-1.5.040 Similar Uses. Uses not
listed in Table 18-2.2.030 and not found to be similar to an allowed use are prohibited. For uses
allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City’s
overlays zones, please refer to Part 18-3.
B. Permitted Uses and Uses Permitted Subject to Special Use Standards.
Uses listed as
“Permitted (P)” are allowed. Uses listed as “Permitted Subject to Special Use Standards (S)” are
allowed, provided they conform to chapter 18-2.3 Special Use Standards. All uses are subject to the
development standards of zone in which they are located, any applicable overlay zone(s), and the
review procedures of Part 18-5. See section 18-5.1.020 Determination of Review Procedure.
C. Conditional Uses.
Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to
the requirements of chapter 18-5.4 Conditional Use Permits.
D. Prohibited Uses.
Uses not listed in Table 18-2.2.030 and not found to be similar to an allowed use
following the procedures of section 18-1.5.040 Similar Uses are prohibited.
E. Uses Regulated by Overlay Zones.
Notwithstanding the provisions of chapter 18-2.2, additional
land use standards or use restrictions apply within overlay zones. An overlay zone may also provide
for exceptions to some standards of the underlying zone. For regulations applying to the City’s
overlays zones, please refer to Part 18-3.
F. Accessory Uses.
Uses identified as “Permitted (P)” are permitted as primary uses and as
accessory uses. For information on other uses that are customarily allowed as accessory, please
refer to the description of the land use categories in Part 18.6 Definitions.
G. Mixed-Use.
Uses allowed in a zone individually are also allowed in combination with one another,
in the same structure or on the same site, provided all applicable development standards and
building code requirements are met.
Comment:
The following section addresses temporary uses. The existing ordinance requires a conditional use
permit for temporary uses in the residential and employment zoning districts. The temporary use applies to a wide
variety of activities including food carts and outdoor uses (e.g. farmers market).
Staff suggests an amendment allowing short-term events (72 hours or less) through the Ministerial process rather
than requiring a conditional use permit. Short-term events are typically performances or celebrations (e.g. the
th
circus, a beer garden on July 4), and the expense and time commitment involved in obtaining a conditional use
permit tends to be cost prohibitive. The intent of using the Ministerial review is to encourage event sponsors to
obtain a permit so that access and safety issues are reviewed by the appropriate city departments and state
agencies.
H. Temporary Uses.
Temporary uses require a Conditional Use Permit under chapter 18-5.4; except
as follows:
1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term
temporary uses occurring only once in a calendar year and lasting not more than 72 hours
including set up and take down. Activities such as races, parades, and festivals that occur on
City of Ashland 2-9 Draft #3 – October 2013
Land Use Ordinance
18-2.2 – Base Zones - Allowed Uses
public property (e.g. street right-of-way, parks, sidewalks or other public grounds) require a
Special Event Permits under AMC 12.03.
Comment:
Subsection 2 carries forward 18.84.080.C. Edits are made allowing a “similar structure” to a
manufactured housing unit because RV’s are occasionally used. Also, the limitation of having to be in conjunction
with building one’s residence is deleted because temporary buildings and job trailers are often used in public
projects, subdivisions and commercial developments during construction. For example, temporary classrooms
were used during the construction project at Bellview Elementary School.
2. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure
may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by
the Building Official. Such occupancy may only be allowed in conjunction with the construction
of the applicant’s residence on the site. Said permit shall not be renewable within a six-month
period beginning at the first date of issuance, except with approval of the Staff Advisor.
I. Disclaimer.
Property owners are responsible for verifying whether a proposed use or development
meets the applicable standards of this ordinance.
Comment:
The following table simplifies the lists of allowed land uses in the existing regulations. The current
ordinance regulates uses in nine residential and employment zones (Chapters 18.14 through 18.52). Each
chapter lists allowed uses in the zone, including those that are permitted outright, permitted with special
standards, or allowed conditionally (conditional use permit). The lists are repeated in each chapter and are often
redundant. This makes the ordinance difficult to read and prone to internal conflicts. As a result, the existing lists
of uses are consolidated into tables, which should help streamline the ordinance, resolve conflicts, and make the
document easier to read.
The following approach was used in preparing Table 18-2.2.030:
Where the current ordinance clearly describes a use as Permitted (P) or Permitted Conditionally (CU), those
designations are carried forward into the tables.
Where the current ordinance is silent on whether a use is allowed but it clearly designates a similar use as
Permitted or Permitted Conditionally, the subject use is designated the same as the similar use. For example,
“homes for the elderly and nursing homes” are allowed in the W-R Woodland Residential zone, and “rest,
nursing and convalescent homes are allowed in the R-1 Single-Family Residential zone. The two were
consolidated under the new “residential care facility” use.
Where the current ordinance identifies a use as Permitted (P) but it prescribes specific standards for the use
(e.g., setback from a residential zone, hours of operation for home occupations, etc.), the use is designated
as a Special Use (S), or the standards are incorporated into the table. Special use standards are listed in
chapter 18-2.3.
General development standards, such as those for lot area, setbacks, height, coverage, and single-family and
duplex buildings, are contained in 18-2.4.
City of Ashland 2-10 Draft #3 – November 2013
Land Use Ordinance
18-2.2 – Base Zones - Allowed Uses
See Cottage Housing standards in Sec.
District Overlay may require CU permit, District Overlay may require CU permit, City of Ashland 2-11 Draft #3 – November 2013
See Keeping of Livestock standards in
swine, commercial compost, or similar
Sec. 18-2.3.130 for C-1 zone and E-1
andards in Sec. Sec. 18-2.3.120 for Railroad Historic
Animal sales, feed yards, keeping of
Sec. 18-2.3.170 and not allowed in
Dwellings and additions in Historic Dwellings and additions in Historic
Duplex Dwelling S P P P N N S S N Sec. 18-2.3.110 Duplex Dwelling
dards; CU = Conditional Use Permit Required; N = Not Allowed.
Special Use Standards
Historic District Overlay
see Sec. 18-2.5.080
See Single-Family st
uses not allowed
Sec. 18-2.3.160
N N N N N N Sec. 18-2.3.180
S N N N N Sec. 18-2.3.040
18-2.5.050 18-2.3.090
District
zone
E-1 M-1
Agriculture and Farm Use, except Livestock P P P P P P N N N N N S N N
Keeping of Livestock S N N N S S N N N Single-Family Dwelling P P P P P P S S N Manufactured Home on Individual Lot S S S S N N N N N Multifamily Dwelling N P P P N N S S N
NNN
NNN
C-1 &
C-1-D
S
NN
R-2 R-3 RR WR
SS
N
SS
N
CU+
S S S
SSPS
KEY: P = Permitted Use; S = Permitted with Special Use Stan
CU+CU+
SSPSS
3.5
R-1-
CU+
Manufactured Housing Development N S
SSSS
R-1
SSSS
N
Table 18-2.2.030 – Uses Allowed by Zone
The change from CU to S is per the 2006
Dwelling with Personal or Professional
Service Exceeding Home Occupation
LUO Evaluation and PC input.
B. Household Living Uses
Accessory Residential Unit
Keeping of Micro-livestock
Land Use Ordinance
1
A. Agricultural Uses
Cottage Housing
Keeping of Bees
Threshold
1
City of Ashland 2-12 Draft #3 – November 2013
P P N N N Subject to State licensing requirements P CU CU N N N Subject to State licensing requirements
employment zones per PC direction.
Airport See chapter 18-3.6 Airport Overlay
Use added to commercial and
Special Use Standards
see Sec. 18-2.5.080
N N S S N N N N N Sec. 18-2.3.190 S N Sec. 18-2.3.150
Use Standards; CU = Conditional Use Permit Required.
Boarding/Rooming House N P P P N N N N N Public Parking Facility N N N N N N P N N Cemetery, Mausoleum, Columbarium N N N N CU N N N N CU CU N N CU CU P P P Electrical Substation
N N N N N N CU CU P
E-1 M-1
CU
CU
C-1 &
C-1-D
SP
R-2 R-3 RR WR
Club Lodge, Fraternal Organization CU CU CU CU CU CU
Home Occupation S S S S S S
P
PP
KEY: P = Permitted Use; S = Permitted with Special
3.5
R-1-
PP
18-2.2 – Base Zones - Allowed Uses
R-1
CU
P
Table 18-2.2.030 – Uses Allowed by Zone
Use currently described as “rest, nursing and
Community Service, includes Governmental
convalescent home” and requires a CUP in
all residential zones. ORS 197.667 requires
and Federal Fair Housing Amendments Act
Permitted per ORS 197.665 and 197.670,
Police, Fire); excluding Outdoor Storage
Rental Dwelling Unit Conversion to For-
that cities permit residential facilities in
Offices and Emergency Services (e.g.
ily is permitted.
(FHAA) of 1988 (42 U.S.C. § 3615).
D. Public and Institutional Uses
Residential Care Facility
Residential Care Home
Land Use Ordinance
zones where multifam
Purchase Housing
2
C. Group Living
2
18-2.2 – Base Zones - Allowed Uses
City of Ashland 2-13 Draft #3 – November 2013
Subject to State licensing requirements
employment zones per PC direction.
See 18-4.5 Screening requirements
N N N N N N P P P Yards not allowed in the C-1 zone
Not allowed within 200 ft of an R
Use added to commercial and
Special Use Standards
Sec.18-4.14
Use Standards; CU = Conditional Use Permit Required.
zone
P P P P P P N N N N N N N N N N P P p CU CU CU CU CU CU CU CU CU School, Public (Kindergarten and up) P P P P P CU N N N N N N N N N N CU P
Mortuary, Crematorium N N N N CU N P P P CU CU CU CU CU CU N N N
Hospital, includes Acute Care Center CU CU CU CU CU N N N N
E-1 M-1
CU
Recycling Depot N N N N N N N P P Amusement/Entertainment, includes theater, N N N N N N P CU P
P/
P
CU
P/
P
C-1 &
C-1-D
P/
CU
P
R-2 R-3 RR WR
CU CU CU CU CU CU
CU
CU
Wireless Communication Facility CU CU CU CU
KEY: P = Permitted Use; S = Permitted with Special
3.5
R-1-
R-1
Table 18-2.2.030 – Uses Allowed by Zone
preserves, athletic fields, courts, swim pools,
Public Works/Utilities Storage Yard; includes
excluding underground utilities and electrical
vehicle and equipment, maintenance, repair
Facility, including playgrounds, trails, nature
Public Park, Open Space, and Recreational
School, Private College/Trade/Technical
Religious Institution, Houses of Worshi
School, Private (Kindergarten and up)
Utility and Service Building, Yard and
School, Private (Daycare, Nursery or
Structure, Public and Quasi-Public,
D. Public and Institutional Uses
Land Use Ordinance
E. Commercial Uses
Kindergarten)
similar uses
3
(continued)
substations
School
3
limited to Freeway Overlay, see chapter
*In E-1 zone, Retail limited to 20,000 sq
Per Sec. 18-2.3.100, Drive-Up uses are
City of Ashland 2-14 Draft #3 – November 2013
Sec. 18-2.3.120 for retail uses allowed
ft of gross leasable floor space per lot.
and professional services, except see
*In R-2 zone, uses limited to personal
CU CU N N CU CU N N N See 18-4.5 Screening requirements
*In M-1 zone, uses limited to serving
limited to area east of Ashland St at
In E-1 zone, fuel sales requires CU
In C-1 zone, fuel sales and service
Except not allowed within Historic
in Railroad Historic District
persons working in zone
Special Use Standards
Sec. 18-2.3.050 N N N N N N S S P Sec. 18-2.3.080
District Overlay
Use Standards; CU = Conditional Use Permit Required.
18-3.7
permit
N N N N N N P P P
E-1 M-1
N N N P S S
N N N N N N CU CU P
Drive-Up Use N N N N N N S N
P
S or
CU
C-1 &
C-1-D
N N N N N N S
R-2 R-3 RR WR
CU+
S
KEY: P = Permitted Use; S = Permitted with Special
3.5
R-1-
N N
18-2.2 – Base Zones - Allowed Uses
R-1
Table 18-2.2.030 – Uses Allowed by Zone
motorcycles, aircraft,
club, golf course, swimming club and tennis
includes fueling station, car wash, tire sales Automotive Sales and Rental, except within
and repair/replacement, painting, and other driving range, race track or amusement park
Commercial Laundry, Cleaning and Dyeing
Automotive and Truck Repair, or Service;
concert hall, bowling alley, miniature golf, Commercial Recreation, includes country
Commercial Retail Sales and Services,
club; excluding intensive uses such as
Bakery, except as classified as Food
motorcycles, boats, RVs, and trucks
except Outdoor Sales and Services
the Historic Interest Area; includes
4
(continued)
arcade; excluding drive-up uses
boats, RVs, trucks, etc.
Land Use Ordinance
repair for automobiles,
E. Commercial Uses
Establishment
Processing
4
18-2.2 – Base Zones - Allowed Uses
intersection of Ashland St/Siskiyou Blvd
Commission may approve a permanent
City of Ashland 2-15 Draft #3 – November 2013
review for at least the first three years,
N S/ P In the E-1 zone, uses within 200 feet
facility through the Type II procedure
District Overlay unless located in C-
No animals kept outside within 200
*In C-1 zone, requires annual Type I
Not allowed within the Historic
after which time the Planning
Special Use Standards
feet of an R zone
Sec. 18-2.3.210
N N N N N N S S P Sec. 18-2.3.080
Use Standards; CU = Conditional Use Permit Required.
1-D
N N N N N N CU CU P N N N N N N N CU P N N N N N N CU CU P N N N N N N N CU P
Office (See also Commercial Services) N N CU CU N N P P P Plant Nursery, Wholesale N N CU CU N N N N N Veterinary Clinic N N N N N N P P P
E-1 M-1
Kennel (See also Veterinary Clinic) N N N N N N S S CU
Hostel N N CU CU N N CU* N N
Nightclub, Bar N N N N N N S CU P
N N N N N
C-1 &
C-1-D
R-2 R-3 RR WR
Cabinet, Carpentry and Machine Shop, and N N N N N N
CU+
S
CU+
S
KEY: P = Permitted Use; S = Permitted with Special
3.5
R-1-
N N
R-1
Table 18-2.2.030 – Uses Allowed by Zone
Commercial Laundry, Cleaning and Dyeing
Equipment associated with an allowed use
Lumber Yard and Similar Sales of Building
Self-Service Storage, Commercial (Mini-
F. Industrial and Employment Uses
Hotel (See also Hostel and Traveler’s
Traveler’s Accommodation (See also
Outdoor Storage of Commodities or
or Contracting Supplies, or Heavy
5
(continued)
Land Use Ordinance
E. Commercial Uses
Hostels and Hotels)
Accommodation)
Establishment
Warehouse)
Equipment
5
Staff recommends allowing a residential
City of Ashland 2-16 Draft #3 – November 2013
assembly of items sold in a permitted In the E-1 zone, See Sec. 18-2.3.140 assembly of items sold in a permitted
use, provided such manufacturing or use, provided such manufacturing or
assembly occupies 600 square feet assembly occupies 600 square feet
unit for a person on site per the state
previously prepared materials such
Requires assembly, fabricating or
as cloth, plastic, paper, cotton or
In the C-1 zone, manufacture or In the C-1 zone, manufacture or
or less, and is contiguous to the or less, and is contiguous to the
related Sales, Services and Repairs CU of an R zone require CU permit
packaging of products from
Special Use Standards
permitted retail outlet permitted retail outlet
N N N N Sec. 18-2.3.070
model code.
Use Standards; CU = Conditional Use Permit Required.
wood
Concrete or Asphalt Batch Plant N N N N N N N N CU
Manufacture, General N N N N N N N P P
E-1 M-1
CU
N N N N N N S S P N N N N N N S P P
CU
C-1 &
C-1-D
Dwelling for a caretaker or watchman N N N N N N N
R-2 R-3 RR WR
CU+
S
N N N N
KEY: P = Permitted Use; S = Permitted with Special
3.5
R-1-
18-2.2 – Base Zones - Allowed Uses
R-1
Table 18-2.2.030 – Uses Allowed by Zone
Manufacture, Light; excluding saw, planning
g, freezing, drying,
Sand, Gravel, Stone, Loam, Dirty or Other
and Removal of
and similar processing and preserving.
Employment Uses
Manufacture/Processing/Preserving,
or lumber mills, or molding plants.
including canning, bottlin
Land Use Ordinance
Commercial Excavation
F. Industrial and
Earth Products
Food Products
6
(continued)
6
18-2.2 – Base Zones - Allowed Uses
Allowed from November 1 to January 1
City of Ashland 2-17 Draft #3 – November 2013
Distribution uses within 200 feet of an
per Sec. 18-2.2.030.H
R zone limited to 9PM-7AM
Special Use Standards
t to Ministerial review,
Use Standards; CU = Conditional Use Permit Required.
N N N N N N CU CU P
Wrecking, Demolition, and Junk Yards N N N N N N N N CU
Television and Radio Broadcasting Studio N N N N N N N P P
E-1 M-1
Wholesale Storage and Distribution N N N N N N N N P
N
CU, except uses lasting less than 72 hours are subjec
N
C-1 &
C-1-D
P
R-2 R-3 RR WR
N
N
N
N
KEY: P = Permitted Use; S = Permitted with Special
3.5
R-1-
N
R-1
N
Table 18-2.2.030 – Uses Allowed by Zone
Equipment associated with an allowed use
Outdoor Storage of Commodities or
Land Use Ordinance
Temporary Tree Sales
Temporary Use
7
G. Other Uses
7
18-2.3 – Special Use Standards
Chapter 18-2.3 – Special Use Standards
Sections:
18-2.3.010 Purpose
18-2.3.020 Applicability
18-2.3.030 Review Process
18-2.3.040 Accessory Residential Unit
18-2.3.050 Automobile and Truck Repair Facility
18-2.3.060 Bottling Plants, Cold Storage, and Creamery
18-2.3.070 Commercial Excavation – Removal of Earth Products
18-2.3.080 Commercial Laundry, Dry-cleaning, and Dyeing
18-2.3.090 Cottage Housing
18-2.3.100 Drive-Up Use
18-2.3.110 Duplex Dwelling
18-2.3.120 Dwelling in Historic District Overlay
18-2.3.130 Dwelling in Non-Residential Zones
18-2.3.140 Food Products Manufacture
18-2.3.150 Home Occupation
18-2.3.160 Keeping of Livestock
18-2.3.170 Manufactured Home on Individual Lot
18-2.3.180 Manufactured Housing Development
18-2.3.190 Multiple-Family Rental Dwelling Unit Conversion to For-Purchase Housing
18-2.3.200 Retail Uses in Railroad Historic District
18-2.3.210 Traveler’s Accommodations in R-2 and R-3 Zones
Comment:
Except as noted in the comments following individual code sections, this chapter consolidates
the “special permitted use” standards in the existing base residential and commercial zones, per chapters
18.14 through 18.52. The wording and organization is improved, but the requirements remain the same
except if specifically noted.
Where uses listed here also require a conditional use permit (CUP), the table in chapter 18-2.2
designates the use CU+S or otherwise indicates that a CUP is required in the far right column. Special
use standards/limitations for special districts and overlay zones are contained in Part 18-3.
18-2.3.010 Purpose
Special uses included in chapter 18-2.3 are uses, which, due to their effect on surrounding
properties, must be developed in accordance with special conditions and standards. These
special use standards may differ from the development standards established for other uses in
the same zone.
18-2.3.020 Applicability
Chapter 18-2.3 supplements the other requirements of this ordinance. Uses designated as
special uses (“S”) in Table 18-2.2.030, and uses the City determines to be similar to such uses,
are subject to chapter 18-2.3. Some special use standards are contained in Table 18-2.2.030,
City of Ashland 2-18 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
and others have a corresponding section in this chapter. Where standards differ between
chapters 18-2.2 and 18-2.3, chapter 18-2.3 applies.
18-2.3.030 Review Process
The Staff Advisor or Planning Commission applies the standards of chapter 18-2.3 through the
applicable review process (i.e. Ministerial Review, Type I review, or Type II review). Site Review
pursuant to chapter 18-5.2, or a Conditional Use Permit pursuant to chapter 18-5.4 may be
required for some uses.
18-2.3.040 Accessory Residential Unit
Comment:
The proposed amendment changes the type of approval required for an accessory residential
unit (ARU) in the single-family residential zones from a conditional use permit (CUP) to a site review
approval per the Planning Commission’s input on the Policy Issues and Recommendations from the 2006
Land Use Ordinance Review. In the current ordinance, an ARU requires a CUP in the single-family
residential zones (R-1 and RR), but does not require CUP in the multi-family zones (R-2 and R-3). The
approval process remains a Type I procedure (administrative decision with notice). Minor edits to the
special use standards are proposed, and are noted below.
Where accessory residential units are allowed, they are subject to Site Review under chapter
18-5.2, are not required to meet the density or minimum lot area requirements, and shall meet
all of the following requirements.
A. R-1 Zone.
Accessory residential units in the R-1 zone shall meet the following requirements:
1. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall
not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not
exceed 1,000 square feet GHFA.
Comment:
Clarification is added regarding one accessory residential unit (ARU) per lot.
Staff recommends an exemption from paving parking spaces and driveways for ARUs. The original intent
of the ARU provision is for the unit to provide small housing units that supplement affordable housing and
blend into single-family residential neighborhoods. Paving of established parking and access for the
addition of an ARU can be cost prohibitive for the applicant and disruptive to the site and surrounding
neighborhood character.
2. One accessory residential unit is allowed per lot, and the maximum number of dwelling
units shall not exceed two per lot.
3. The proposal shall conform to the overall maximum lot coverage and setback
requirements of the underlying zone.
4. Additional parking shall be provided in conformance with the off-street parking provisions
for single-family dwellings in section 18-4.3.040. Parking spaces, turn-arounds and
driveways are exempt from the paving requirements in section 18-4.4.080.E.1.
B. RR Zone
. In addition to the standards in section 18-2.3.040.A, accessory residential units in
the RR zone shall meet the following requirements:
City of Ashland 2-19 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
1. If the accessory residential unit is not part of the primary dwelling, all construction and
land disturbance associated with the accessory residential unit shall occur on lands with
less than 25 percent slope.
2. The lot on which the accessory residential unit is located shall have access to an
improved city street, paved to a minimum of 20 feet in width, with curbs, gutters, and
sidewalks.
3. No on-street parking credits shall be allowed for accessory residential units.
4. If located in the Wildfire zone, the accessory residential unit shall have a residential
sprinkler system installed.
C. R-2 and R-3 Zones.
Accessory residential units in the R-2 and R-3 zones shall meet the
standards in section 18-2.3.040.A, except that the maximum gross habitable floor area
(GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of
the primary residence on the lot, and shall not exceed 500 square feet GHFA.
18-2.3.050 Automobile and Truck Repair Facility
Comment:
The following carries forward existing regulations in the E-1 zone, under 18.40.030.I Special
Permitted Uses, and 18.40.040.K Conditional Uses (auto body and paint). In the C-1 zone, the auto and
truck repair is limited to the Freeway Overlay.
Where automobile and truck repair facilities are allowed, they are subject to all of the following
requirements:
A. All cars and trucks associated with an automobile or truck repair facility shall be screened
from view from the public right-of-way by a total sight-obscuring fence.
B. Automobile or truck repair facilities of three service bays or larger shall not be located within
200 feet of a residential zone.
C. Auto body repair and/or painting shall not be located within 200 feet of a residential zone.
D. Where a use includes auto body repair and/or painting, all objectionable odors associated
with the use shall be confined to the lot, to the greatest extent feasible. For the purposes of
this provision, the standard for judging "objectionable odors" shall be that of an average,
reasonable person with ordinary sensibilities after taking into consideration the character of
the neighborhood in which the odor is made and the odor is detected.
E. The use shall comply with all requirements of the Oregon Department of Environmental
Quality.
18-2.3.060 Bottling Plant, Cold Storage Facility, Creamery
Comment:
This carries forward the existing Special Permitted Use language in 18.40.030.A.
Where bottling plants, cold storage facilities, creameries, and similar uses are allowed, they are
subject to all of the following requirements:
City of Ashland 2-20 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
A. All objectionable odors associated with the use shall be confined to the lot upon which the
use is located to the greatest extend feasible. For the purposes of this provision, the
standard for judging "objectionable odors" shall be that of an average, reasonable person
with ordinary sensibilities after taking into consideration the character of the neighborhood in
which the odor is made and the odor is detected.
B. The use shall comply with all requirements of the Oregon Department of Environmental
Quality.
Comment:
This carries forward the existing Commercial Excavation section in 18.68.080.
18-2.3.070 Commercial Excavation – Removal of Earth Products
In addition to complying with the requirements of chapter 18-4.12 Grading and Excavation,
commercial excavation and removal of earth products are subject to all of the following
requirements:
A. Before a Conditional Use Permit for the commercial excavation and removal of earth
products can be granted, plans and specifications showing the location of premises, grading
plan, existing and proposed drainage, proposed truck access, and details of re-grading and
re-vegetation of the site shall be submitted to, and approved by, the Planning Commission.
B. Any deviation from plans approved by the Planning Commission serves as grounds to
revoke the Conditional Use Permit.
C. In reviewing the application, the Planning Commission may consider the most appropriate
use of the land, distances from property lines, the protection of pedestrians and vehicles, the
prevention of the collection and stagnation of water at all stages of the operation, and the
rehabilitation of the land upon termination of operation.
D. The City may require a bond to ensure performance.
E. Any expansion of a nonconforming commercial excavation shall require a Conditional Use
Permit. An expansion is defined as removal of additional undisturbed topsoil or vegetation or
otherwise enlarging the area that had been mined, commonly referred to as the quarry face
or active quarry area.
18-2.3.080 Commercial Laundry, Dry-cleaning, Dyeing, and Similar Uses
Comment:
This carries forward the existing Special Permitted Use language in 18.40.030.A.
Where commercial laundries, dry-cleaning, dyeing establishments, and similar uses are
allowed, they are subject to the all of the following requirements:
A. All objectionable odors associated with the use shall be confined to the lot upon which the
use is located to the greatest extend feasible. For the purposes of this provision, the
standard for judging "objectionable odors" shall be that of an average, reasonable person
with ordinary sensibilities after taking into consideration the character of the neighborhood in
which the odor is made and the odor is detected.
B. The use shall comply with all requirements of the Oregon Department of Environmental
City of Ashland 2-21 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
Quality.
Comment:
The cottage housing section is added per the Planning Commission discussion of the green
development evaluation. The green development evaluation recommended adopting a cottage housing
ordinance as a tool for encouraging development in existing areas to conserve land and promoting
walkability and transportation efficiency.
18-2.3.090 Cottage Housing
A. Purpose and Intent.
1. Support the local and regional growth management goal of more efficient use of city
residential land;
2. Support development of diverse housing types by providing an alternative type of
housing for small households as part of the City’s housing strategy and Comprehensive
Plan which encourages affordability, innovation, and variety in housing design and site
development; and a variety of housing choices to meet the needs of a population diverse
in age, income, household composition and individual needs
3. Provide opportunities for high quality infill development;
4. The cottage housing development design standards contained in this section are
intended to create a small community of cottages oriented around open space that is
pedestrian-oriented and minimizes the visibility of off-street parking;
5. The cottage housing development design standards are intended to maintain traditional
cottage amenities and proportions and ensure that cottage housing developments
contribute to the overall community character; and
6. Cottage housing may allow higher residential density than is normally allowed in the
underlying zone district. This increased density is possible with smaller than average
home sizes, clustered parking, and site design standards that promote compatible infill
development.
B. Applicability or Approval Process.
1. Cottage housing developments are allowed within the R-1 zones subject to review
through chapter 18-3.8 Performance Standards Option.
2. Cottage housing developments are allowed within the R-2 and R-3 zones subject to the
applicable provisions of the underlying zone and Site Review under chapter 18-5.2.
Cottage housing developments in the R-2 and R-3 zones are not subject to the cottage
housing density bonus in chapter 18-3.8 Performance Standards Options and the
standards of this section.
3. Except for residential density, the Planning Commission may grant variances to this
section through a Type II review procedure, pursuant to chapter 18-5.5.
C. Residential Density.
City of Ashland 2-22 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
1. In the R-1 zones, two cottage house units shall be allowed in place of each single-family
home allowed by the base density of the district where a density bonus is approved
under section 18-3.8.050.B.5.
2. All residential units in a cottage housing development count towards the maximum
permitted density.
3. Cottage housing developments shall include a minimum of four units and a maximum of
16 units, pursuant to the density standards of this section and subject to approval under
section 18-3.8.050.
D. Common Buildings, Existing Nonconforming Structures and Accessory Residential
Units
1. Common Buildings. Up to 25 percent of the required common open space, but no
greater than 1,500 square feet, may be utilized for a community building built for the sole
use of the cottage housing residents. Common building shall not be attached to
individual cottages or other structures. Consolidated carports or garage structures are
not subject to the area limitations of this section.
2. Nonconforming Dwelling Units. On a lot to be used for a cottage housing development,
an existing single-family residential structure, which may be nonconforming with respect
to the standards of this chapter, shall be permitted to remain, but the extent of the
nonconformity may not be increased. Such nonconforming dwelling units shall be
included in the maximum permitted cottage density.
3. Accessory Residential Units. New accessory residential units (ARUs) are not permitted
in cottage housing developments, except that an existing attached or detached ARU that
is accessory to an existing nonconforming single-family structure may be counted as a
cottage unit if the property is developed subject to the provisions of this chapter.
E. Spacing.
Cottage housing developments shall be separated from each other by a minimum
of 1,000 feet.
F. Building and Site Design
1. Maximum Floor Area. Residences in cottage housing developments are primarily
intended for small households. Maintaining the maximum square footage of residences
in cottage housing developments is necessary to prevent overbuilding of the site and to
not exceed available off-street parking. The gross floor area of each cottage unit shall
not exceed 800square feet. For the purpose of this section, gross floor area excludes
any space where the floor to ceiling height is less than seven feet.
2. Height. Structures in cottage housing developments shall be designed to be single story,
one and one-half story, or single story plus a loft. Building height of all structures shall
not exceed 18 feet. The highest point of a pitched roof may extend up to 25 feet at the
ridge of the roof.
3. Setbacks. Setbacks along the perimeter of the development shall have the same
setbacks as required in the zoning district. See Table 18-2.5.030.A
4. Building Separation. Up to two cottages may be attached. All buildings within a cottage
City of Ashland 2-23 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
housing development shall maintain a minimum separation of ten feet measured from
the nearest point of the exterior walls. Accessory buildings (parking or multipurpose
room) shall comply with building code requirements for separation from non-residential
structures.
5. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone. See
Table 2.5.030.A.
6. Covered Usable Main Entry Porches. All residences in cottage housing developments
shall include a covered main entry porch to create a private outdoor space protected
from the weather and provide a transition from the interior private residential space to
the semi-private outdoor space.
a. Covered porches shall be usable in both design and dimension. Cottage homes shall
have a covered main entry porch with a floor area measuring at least 64 square feet
in size.
b. The floor of the covered main entry porch shall have minimum dimensions of not less
than six feet in depth and eight feet in width.
7. Exterior Trims and Eaves. Cottage housing development structures shall be provided
with substantial exterior trim elements consistent with traditional cottage design and
small home craftsmanship. Roofs in cottage housing developments shall have eaves to
recognize traditional cottage design traits to efficiently shed rain, and provide sun and
rain protection.
a. All windows and doors shall provide trim with a minimum width of three and one-half
inches for all cottage housing development structures.
b. Eaves of at least 12 inches shall be provided on all cottage structures on at least two
sides of each building. Where buildings are not square (one set of exterior parallel
walls are longer than the other), the eaves shall be provided on the parallel walls that
are the longest.
8. Street Facing Facades.
a. The street facing facades of cottages in a cottage housing development must
contribute to the neighborhood by including attractive design details such as
windows, changes in materials, and views of front doors or porches.
b. The main entries of cottages visible from the adjacent streets shall provide a visual
pedestrian connection with the surrounding neighborhood.
c. All cottages adjacent to the street shall have their primary orientation to the street
and street facing facades that avoid blank walls. Cottages adjacent to the street
shall include the following:
i. Changes in exterior siding material and paint color;
ii. Windows which may include bay windows; and
iii. Offsets in the street facing facade with a depth measuring at least one foot.
City of Ashland 2-24 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
9. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the
provisions of chapter 18-4.3 Parking, Access, and Circulation, cottage housing
developments shall conform to the following requirements:
a. Pedestrian access shall be provided to all cottages from the street and sidewalk, and
shall meet the pedestrian access and circulation standards of 18-4.3.090.
b. Except for those street connections identified on the Street Dedication Map or
determined to be essential for the function of the transportation system, the Planning
Commission may reduce or waive the requirement to dedicated and construct a
public street in chapter 18-5.3 where a cottage housing development meets the
connectivity and block length standards in section 18-4.6.030 by providing public
access for pedestrians and bicyclists by an alley or multi-use path connecting the
public street to adjoining properties.
c. Driveways and parking areas shall meet the vehicle area design standards of section
18-4.3.080.
d. Parking shall be located on the cottage housing development property.
e. Parking areas shall not be located between the buildings and the street, and shall be
located and designed to be less visible from frontage streets than the cottages
themselves.
f. Parking areas shall be landscaped to screen parking from adjacent properties and
street rights of way and shall meet applicable landscape standards of chapter 18-4.4.
g. Parking Ratios:
Cottage Floor Area of 800 sq. ft. or less: 1.25 parking spaces per unit
Existing nonconforming single family residence: 2 parking spaces per unit
h. Off-street parking may be located in or under a non-cottage parking structure (such
as a single or multi-auto carport or garage), but such structures shall not be attached
to individual cottages. Uncovered parking is also permitted; provided that off street
parking is screened from direct street view from all abutting street faces one or more
street faces. Solid board fencing shall not be allowed as an architectural screen.
i. Cottage housing developments are exempt from the on-street parking requirements
of section 18-3.8.060.
10. Exterior lighting and heating/cooling equipment noise. Cottage housing developments to
be designed to minimize light impacts both within the development and to adjacent
properties. Where provided, exterior lighting shall be mounted as low as possible,
pointed downward, and the light source shall be shielded from direct observation from
above, adjacent properties, and public rights of way.
11. Fences. Notwithstanding the provisions of section 18-4.4.040 Fences and Walls, fence
height is limited to three feet adjacent to the common open space and to four feet in
other interior areas within the development. Fences in the front and side yards abutting a
public street, and on the perimeter of the development shall meet the fence standards of
section 18-4.4.040. Chain link fences are prohibited.
City of Ashland 2-25 Draft #3 – November 2013
Land Use Ordinance
18-2.3 – Special Use Standards
G. Common Open Space.
Open space that is commonly owned by all members of a cottage
housing development is an important feature of any site design. It is intended that the open
space be adequately sized and centrally located with individual cottage entrances oriented
toward the open space. The common open space shall meet all of the following standards:
1. For the purpose of cottage housing, "common open space" shall be the central space
that may be used by all occupants of the cottage complex surrounded by grouped
cottages.
2. Common open space shall be for recreational use by residents of the development, and
provide a suitable surface for human use. Physically constrained areas such as wetlands
or steep slopes cannot be counted towards the common open space requirement.
3. A minimum of 20 percent of the total lot area is required as common open space.
Common open space shall have no dimension that is less than 20 feet.
4. At least 50 percent of the cottage units shall abut a common open space.
5. All of the cottage units shall be within 60 feet walking distance measured from the
nearest entrance of the cottage along the shortest safe walking route to the nearest point
of the common open space. The common open space shall not be across a street or
parking area.
6. Common open space shall be a contiguous area located in front or behind the cottages.
7. The common open space shall have cottages abutting at least two sides grouped around
the common open space.
8. The common open space shall be distinguished from the private open space with a
walkway, fencing, landscaping, berg or similar method to provide a visual boundary
around the perimeter of the common area.
9. Parking areas, yard setbacks, spaces between buildings, areas under power lines, and
private open space and driveways do not qualify as common open space.
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H. Private Open Space.
Each residential unit in a cottage housing development shall have a
private open space (i.e. private yard area). The private open space shall be separate from
the common open space to create a sense of privacy and shall be oriented to take
advantage of solar orientation and other natural features. The private open space shall be
separated from the common open space with a small hedge, picket fence or other similar
visual separation to create a sense of separate ownership.
1. Each cottage unit shall be provided with a minimum of 300 square feet of usable private
open space.
2. No dimension of the private open space shall be less than 15 feet.
i. Storm Water and Low-Impact Development.
1. Cottage housing developments shall be designed to take advantage of open space and
landscaped features to utilize storm water low impact development techniques including
natural filtration and on-site infiltration of storm water.
2. Low impact development techniques for storm water management shall be used
wherever possible. Such techniques may include the use of pervious pavers in parking
areas and for walkways, directing roof drains and parking lot runoff to landscape beds,
green or living roofs, and the use of rain barrels.
3. Cottages shall be located to maximize natural storm water functions. In this zone,
cottages shall be grouped and parking areas shall be located to preserve as much
contiguous, permanently undeveloped open space and native vegetation as possible.
j. Restrictions.
1. The total square footage of a cottage dwelling may not be increased. A deed restriction
shall be placed on the property notifying future property owners that any increase in the
gross floor area is prohibited.
2. Appropriate documentation of condominiums shall be provided and recorded with the
Jackson County a copy provided to the City of Ashland Community Development
Department.
18-2.3.100 Drive-Up Use
Comment:
This carries forward the existing Special Permitted Use language in 18.32.25.E.
Where drive-up uses are allowed they are subject to all of the following criteria:
A. Drive-up uses are allowed only in the C-1 zone, and they are limited to the area east of a
line drawn perpendicular to Ashland Street at the intersection of Ashland Street and
Siskiyou Boulevard. The number of drive-up uses shall not exceed the 12 in existence on
July 1, 1984.
B. Drive-up uses are subject to the following standards:
1. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to
maintain this average waiting time may be grounds for revocation of the approval.
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2. All facilities providing drive-up service shall provide at least two designated parking
spaces immediately beyond the service window or provide other satisfactory methods to
allow customers requiring excessive waiting time to receive service while parked.
3. A means of egress for vehicular customers who wish to leave the waiting line shall be
provided.
4. The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate
excessive fuel consumption and exhaust during the wait in line.
5. The drive-up shall be designed to provide as much natural ventilation as possible to
eliminate the buildup of exhaust gases.
6. Sufficient stacking area shall be provided to ensure that public rights-of-way are not
obstructed.
7. The sound level of communications systems shall not exceed 55 decibels at the property
line and shall otherwise comply with the Ashland Municipal Code regarding sound levels.
8. Drive-up uses may be transferred to another location in accord with all requirements of
this section. The number of drive-up window stalls shall not exceed one per location,
even if the transferred use had greater than one stall.
9. A ministerial Drive-Up Transfer permit shall be obtained for the transfer of any drive-up
uses when such transfer is not associated with a Site Review or Conditional Use Permit
application in order to document transfer of the use.
10. Drive-up uses discontinued without a Drive-Up Transfer permit shall be deemed to have
expired after being unused for six months. Discontinuation of a drive-up use is
considered to have occurred when the Staff Advisor documents the drive-up use as
having ceased on site through a planning application review, or upon on-site verification.
11. All components of a drive-up use shall be removed within 60 days of discontinuation of
the use through abandonment, transfer, relocation or redevelopment.
C. Drive-up uses are prohibited in the Historic District Overlay except that the four existing
nonconforming financial institution drive-up uses in operation in the Historic District Overlay
as of August 7, 2012 may redevelop or relocate within the C-1 and C-1-D zones in the
Historic District Overlay subject to the following additional requirements:
1. Relocation or redevelopment of a drive-up use within the C-1 or C-1-D zones in the
Historic District Overlay shall be subject to a Type II Site Review procedure.
2. Relocated or redeveloped drive-up uses shall be placed on a secondary building
elevation, and accessed for an alley or driveway.
3. Driveways serving relocated or redeveloped drive-up uses shall not enter from or exit to
a higher order street frontage or through a primary building elevation. Driveways or
queuing lanes shall not be placed between a building and the right-of-way other than an
alley.
4. No demolition of or exterior change to a building considered to be a historic resource
shall be permitted to accommodate the relocation or redevelopment of a drive-up use.
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5. Regardless of the number of drive-up windows/lanes in use in the current location, with a
relocation or remodel the number of windows/lanes shall be reduced to one.
18-2.3.110 Duplex Dwelling Standards
Comment:
Staff recommends deleting the current provision for duplexes in the R-1 zones in 18.20.020.B.
The stipulations limit duplexes to vacant corner lots created after 1979 by a partition, which is a difficult
standard to understand and administer. Instead, staff recommends allowing duplexes in the R-1 zones as
part of a new development under the Performance Standards Options (chapter 18-3.8). A duplex is
defined as two residential units on one lot sharing a common wall, floor and/or ceiling.
Duplex on corner lots, provided that no two such uses shall be contiguous, except that this
provision shall not apply to any area which has been developed or is part of an existing
subdivision or established platted neighborhood at the time of enactment of this ordinance.
Such structures shall be subject to provisions of the Site Review Chapter.
Duplex dwellings are allowed on corner lots within the R-1-3.5, R-1-5, R-1-7.5 and R-1-10 zones
in developments using the Performance Standards Option under chapter 18-3.8.
18-2.3.120 Dwelling in Historic District Overlay
Comment:
This section combines existing use restrictions related to dwellings in Historic District Overlay.
Dwellings in the Historic District Overlay subject to all of the following requirements:
A. Manufactured homes are prohibited.
B. Dwellings shall conform to the maximum permitted floor area standards of section 18-
2.5.080, except that dwellings exceeding the maximum permitted floor area are allowed
subject to approval of a Conditional Use Permit under chapter 18-5.4.
C. Notwithstanding the height standards of the R-1 zone, structures within the Historic Overlay
shall not exceed a height of 30 feet.
D. Retail commercial uses are allowed to locate in a dwelling unit within the Railroad Historic
Overlay, subject to Conditional Use Permit review and approval by City Council through the
Type III procedure. Such business shall be no greater than 600 square feet in total area,
including all storage and accessory uses, and shall be operated only by the occupant of the
dwelling unit uses, and not more than the equivalent of one and one-half time employee.
Such use shall be designed to serve primarily pedestrian traffic, and shall be located on a
street having a fully improved sidewalk on at least the side occupied by the business. The
street shall be a fully improved street of residential City standards or greater. For purposes
of this section, a half-time employee may work up to 25 hours per week.
18-2.3.130 Dwelling in Non-Residential Zone
Comment:
The following carries forward and consolidates the use standards that are currently in
18.32.025.D (C-1 Special Uses), 18.40.040.E (E-1 Special Uses), and 18.56.050 (R-Overlay). By creating
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a separate section for dwellings in non-residential zones, the regulations are easier to locate (Table 18-
2.2.030 references them) and can more easily be amended in the future, especially if the City wants to
allow residential uses with special requirements in other zones. The standards are also revised for clarity
and consistency.
Where dwellings are allowed in non-residential zones, they are subject to all of the following
requirements:
A. Dwellings in the E-1 zone are limited to the R-overlay zone.
B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards:
1. Where allowed, ground floor residential uses shall occupy not more than 35 percent of
the gross floor area of the ground floor area per building. Where more than one building
is located on a site, not more than 50 percent of the total lot area, including accessory
uses such as parking, landscaping and public space shall be designated for residential
uses. The remaining square footage in a single or multiple buildings shall be designated
for permitted or special uses.
2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30
dwelling units per acre in the C-1 zone and 60 dwelling units per acre in the C-1-D zone.
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 underlying zone.
4. Off-street parking is not required for residential uses in the C-1-D zone.
5. Where the number of residential units exceeds ten, at least ten percent of the residential
units shall be affordable for moderate-income persons in accord with the standards of
section 2.5.070 Affordable Housing Standards. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
18-2.3.140 Food Products Manufacture
Comment:
This section carries forward 18.40.030.G Special Permitted Uses.
In the E-1 zone, the manufacture of food products is subject to all of the following requirements:
A. The use shall not include the rendering of fats or oils.
B. Where the use is located within 200 feet of a residential zone, it shall meet all of the
following requirements:
1. All objectionable odors associated with the use shall be confined to the lot upon which
the use is located, to the greatest extent feasible. For the purposes of this provision, the
standard for judging “objectionable odors” shall be that of an average, reasonable
person with ordinary sensibilities after taking into consideration the character of the
neighborhood in which the odor is made and the odor is detected. Odors that are in
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violation of this section include but are not limited to the following:
a. Odors from solvents, chemicals or toxic substances.
b. Odors from fermenting food products.
c. Odors from decaying organic substances or human or animal waste.
2. Mechanical equipment shall be located on the roof or the side of a building with the least
exposure to residential zones. Provided, however, that it may be located at any other
location on or within the structure or lot where the noise emanating from the equipment
is no louder, as measured from the nearest residential zone, than if located on the side
of the building with least exposure to residential zones. Mechanical equipment shall be
fully screened and buffered.
18-2.3.150 Home Occupation
Comment:
The following carries forward and edits for clarity the home occupation regulations in 18.94.
Section A currently includes the following sentence, “large-impact commercial operations, which would
ordinarily be conducted in a commercial or employment district shall continue to be conducted in those
districts and not as a home occupation.” This sentence has been removed because the home occupation
standards prohibit such operations by design.
Staff recommends removing the limitation to residential zones to allow home occupations in residential
units located in non-residential zones.
A. Purpose and Intent.
The purpose of this section is to encourage those who are engaged in
small commercial ventures which could not necessarily be sustained if it were necessary to
lease commercial quarters or which, by the nature of the venture are appropriate in scale
and impact to be operated within a residence. Home occupations are recognized for their
contribution in reducing the number of vehicle trips often generated by conventional
businesses. It is the intent of this chapter that home occupations not infringe upon the right
of neighboring residents to enjoy the peaceful and safe occupancy of their homes.
B. Conduct of Home Occupation - Standards.
Home occupations are apermitted use in all
Residential zones,pursuant to the following standards. Where a home occupation use does
not comply with one or more of the following requirements, the Staff Advisor may find the
subject use is no longer permitted.
1. Appearance of Residence.
a. The home occupation shall be restricted to the dwelling unit, accessory structure, or
yard area not visible from the public right-of-way and be conducted in such a manner
as not to give an outward appearance of a business.
b. The home occupation shall not result in any structural alterations or additions to the
dwelling or accessory structure that will change its primary use.
c. No display of products and or equipment produced or used by the home occupation
may be displayed so as to be visible from outside the dwelling or accessory
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structure.
2. Storage.
a. Outside storage, visible from the public right-of-way or adjacent properties, is
prohibited.
b. On-site storage of hazardous materials (including toxic, explosive, noxious,
combustible or flammable) beyond that normally incidental to residential use is
prohibited.
c. Storage of inventory or products and all other equipment, fixtures, and activities
associated with the home occupation shall be allowed in the dwelling or accessory
structure.
3. Employees.
a. Other than family members residing within the dwelling located on the home
occupation site, there shall be no more than one full time equivalent employee, and
no more than one employee at any given time. As used in this chapter, the term
"home occupation site" means the lot on which the home occupation is conducted.
b. Additional individuals may be employed by or associated with the home occupation,
so long as they do not report to work at the home.
c. The home occupation site shall not be routinely used as a headquarters for the
assembly of employees for instruction or other purposes, including dispatch to other
locations.
4. Advertising and Signage. No signs shall be permitted on a home occupation site.
5. Automobiles, parking and traffic.
a. One commercial automobile associated with the home occupation is allowed at the
home occupation site. Such automobile shall be of a size that would not overhang
into the public right-of-way when parked in the driveway or other location on the
home occupation site.
b. There shall be no excessive commercial vehicle deliveries from or to the home
occupation site. Excessive deliveries are defined as more than three per day, during
the hours of 7 a.m. to 7 p.m. There shall be no commercial vehicle deliveries during
the hours of 7 p.m. to 7 a.m.
c. There shall be no more than one client or customer's automobile at any one time and
no more than eight per day at the home occupation site.
6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only.
C. Prohibited Uses.
The following uses are prohibited as home occupations:
1. Any activity that produces radio or television interference, noise, glare, vibration, smoke
or odor beyond allowable levels as determined by local, state or federal standards.
2. Any activity involving on-site retail sales, except as allowed in the Historic District
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Overlay or items that are incidental to the occupational use, such as the sale of beauty
products from salons, lesson books or sheet music for music teachers, or computer
software for computer consultants.
3. Any of the following uses, and uses with similar objectionable impacts because of
automobile traffic, noise, glare, odor, dust, smoke or vibration:
a. Ambulance service;
b. Ammunition or firearm sales;
c. Ammunition reloading business;
d. Animal hospital, veterinary services, kennels or animal boarding;
e. Auto and other vehicle repair, including auto painting; and
f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles
or large equipment on-site.
D. Permit Required – Application
1. No person shall conduct a home occupation without first obtaining a home occupation
permit from the Planning Department and a valid business license as required under
AMC title 6.
2. The home occupation permit shall include such information as is necessary to determine
the location and type of business, and the manner in which it will be conducted. If the
Staff Advisor finds that the proposed home occupation complies with the requirements of
this chapter, the Staff Advisor shall issue a permit.
3. The home occupation permit is valid only to the person named on the permit and for the
business to be conducted at the location stated on the permit. The permit is not
transferable to another location or to another applicant.
4. Issuance of a home occupation permit under this chapter shall not relieve the applicant
from the duty and responsibility to comply with all other rules, regulations, ordinances or
other laws governing the use of the premises and structures thereon, including, but not
limited to, the specialty codes defined in AMC 15.04, the fire code standards defined in
AMC 15.28, or any private restrictions relative to the property.
5. The Staff Advisor or designee may visit and inspect the site of a home occupation
permitted in this chapter periodically to insure compliance with all regulations and
conditions to which the permit is subject, during normal business hours, and with
reasonable notice.
18-2.3.160 Keeping of Livestock and Bees
Comment:
This section carries forward 18.20.20, as well as the recent code amendments regarding bees
and micro-livestock.
Where the keeping of livestock is allowed, it shall meet all of the following requirements.
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A. Lot Size.
No livestock shall be kept on any lot less than one acre in area, except as
provided for micro-livestock by subsection E below.
B. Structures
. Livestock enclosures and structures, including barns, stables, chicken coops
and runs, rabbit hutches, goat barns and other structures, shall be in compliance with 18-
2.4.020 Accessory Structures, this ordinance and with all applicable building codes.
C. Number of Livestock.
Not more than two head of livestock over the age of six months may
be maintained per acre, except as provided for micro-livestock by subsection E below.
D. Swine.
The keeping of swine is prohibited, except as provided for in AMC 9.08.040.
E Micro-livestock.
Micro-livestock, including chickens, domestic fowl, turkeys, rabbits and
miniature goats may be kept or maintained provided each of the following requirements is
continuously met:
1. Total Number. The total number of all micro-livestock, including both adult and juvenile
animals, that may be kept or maintained on any single property shall be limited to no
more than ten animals on properties of 5,000 square feet or less, and no more than two
additional animals for each 1,000 square feet of lot area in excess of 5,000 square feet,
up to a maximum of 20 animals.
2. Age of livestock. For the purposes of this section, “adult” means over six months of age,
and “juvenile” means six months of age and under.
3. Chickens and Domestic Fowl. For purposes of this section, “domestic fowl” means
quails, pheasants, pigeons, doves, and Muscovy ducks (Cairina moschata).
a. No more than five adult chickens or domestic fowl and five juvenile chickens or
domestic fowl shall be kept or maintained on properties of 5,000 square feet or less.
b. No more than one adult chicken or domestic fowl and one juvenile chicken or
domestic fowl for each 1,000 square feet of lot area shall be kept or maintained on
properties greater than 5,000 square feet.
c. No more than two adult turkeys and two juvenile turkeys shall be kept or maintained
on properties less than one acre.
d. Rooster, geese and peacocks are prohibited.
3. Rabbits. No more than six adult rabbits shall be kept or maintained on properties of less
than one acre.
a. Nursing offspring born to permitted adult rabbits may be kept until such animals are
weaned.
b. Rabbits shall be kept in a hutch or fenced enclosure.
4. Miniature Goats. For purposes of this chapter “miniature goats” are those goats
commonly known as pygmy, dwarf and miniature goats weighing less than 95 pounds at
full size, and shall be limited as follows:
a. No more than two adult miniature goats shall be kept or maintained on properties of
less than one acre.
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b. Nursing offspring born to permitted adult miniature goats may be kept until such
animals are weaned.
c. Solitary miniature goats are prohibited.
d. Male miniature goats shall be neutered.
5. Secure Enclosure. Micro-livestock must be secured at all times. A secure enclosure shall
be provided to protect micro-livestock from predators and to provide shelter from the
weather.
6. Maintenance. The areas in which micro-livestock are kept must be maintained to protect
public health in compliance with AMC 9.08.060 and the following requirements:
a. Animal feed must be kept in rodent and raccoon-proof containers;
b. Animal manure must be collected, stored, and removed from the property on a
regular basis in accordance with the following requirements;
i. All stored manure shall be within a non-combustible, air-tight container and
located in accordance with the Oregon Fire Code relating to the outdoor storage
of combustibles;
ii. No more than one 20-gallon container of manure shall be stored on any one
property housing micro-livestock; and
iii. All manure not used for composting or fertilizing shall be removed.
7. Noise. Noise resulting from the keeping or maintaining of micro-livestock must not
exceed the limits set forth in AMC 9.08.170.
8. Multi-family Development. Micro-livestock are allowed on properties containing multi-
family complexes, including duplexes provided the following are continuously met:
a. The property owner or designated property manager has provided written notification
to all residents of the multi-family complex and to the City, verifying the keeping of
animals on the property will comply with the requirements of this chapter. Written
notification shall include the following:
i. Property owner, property manager or home owner association representative
contact information including the name address and phone number(s).
ii. Twenty-four-hour emergency contact information for an onsite resident
designated as the primary responsible party for the animal area and
maintenance. Contact information shall include the name, address and phone
number of the responsible party.
iii. The City requirements of the keeping of micro-livestock including the maximum
number and type of animals permitted on the subject property and maintenance
requirements per this chapter.
b. The area in which micro-livestock are kept shall be continuously maintained
regardless of any change of building tenancy or property ownership.
9. Sale of Goods. In residential zones, micro-livestock shall be kept primarily for personal
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use. Sale of surplus eggs, honey or similar animal products produced by on-premises
micro-livestock is permitted in compliance with applicable licensing and inspection
requirements of the Oregon Department of Agriculture.
F. Bees.
The keeping or maintaining of bees, bee colonies, bee hives, combs or containers of
any kind or character wherein bees are hived is subject to the following:
1. Registration with the city is required to keep beehives within the city limits and the
Director of Community Development shall provide a beekeeping registration process.
2. No more than three bee colonies shall be kept or maintained on properties of less than
one acre.
3. No more than five bee colonies shall be kept or maintained on properties of one acre or
greater.
4. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound
and usable condition.
5. Fore each colony permitted to be maintained under this ordinance, there may also be
maintained upon the same property, one nucleus colony in a hive structure not to
exceed one standard 9-5/8 inch depth ten-frame hive body.
6. In each instance where a colony is kept less than 25 feet from a property line, a flyway
barrier at least six feet in height shall be maintained parallel to the property line for a
minimum of ten feet in either direction of the hive. The flyway barrier may consist of a
wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather
than through the material to reach the colony.
7. A constant supply of fresh water shall be provided for the colonies on site within 15 feet
of each hive.
8. Each beekeeper shall ensure that no wax comb or other material that might encourage
robbing by other bees are left upon the grounds of the property. Such materials once
removed from the site shall be handled and stored in sealed containers or placed within
a building or other insect proof container.
9. If the beekeeper serves the community by removing a swarm or swarms of honey bees
from locations where they are not desired, the beekeeper shall be permitted to
temporarily house the swarm on the property for no more than 30 days from the date
acquired.
10. The sale of surplus honey or bee’s wax produced on site shall be permitted on the
property where the keeping of bees is permitted.
11. Africanized bees are prohibited.
G.Minimum Care Requirements.
The applicable minimum care requirements of ORS
167.310 shall apply to all animals identified in this section.
H. Violations.
Keeping of animals is a Class III violation.
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18-2.3.170 Manufactured Home on Individual Lot
Comment:
The following consolidates and replaces the regulations for manufactured homes on individual
lots in 18.20.20.H based on the provisions in ORS 197.314 Required Siting of Manufactured Dwellings.
Oregon Revised Statutes (ORS) require that local regulations permit manufactured dwellings in zones
where single-family dwellings are permitted. The statutes also include placement standards that local
governments may adopt to satisfy the ORS requirements \[ORS 197.307(8)\]. Any standards differing from
the ORS placement standards require that land use regulations for manufactured homes must not exceed
those applied to single-family dwellings.
The standards in the current ordinance that are consistent with the placement standards in the ORS have
been retained. The item that does not conform to the placement standards in the current ordinance was
Section 18.20.020.H.1, and it has been deleted. Section H required that manufacture homes not be
located on slopes over ten percent. Single-family homes in Ashland are subject to the hillside land
standards which require homes be located on slopes 35 percent and less, with a planning approval
required for structures on slopes 25 percent and greater. Manufactured homes would be subject to the
same hillside requirements given the removal of this section.
Manufactured homes are permitted on individual lots, subject to all of the following design
standards. Manufactured dwellings relocated into the City of Ashlandshall conform to City
standards.
Comment:
Section A Floor Area above is similar to the current ordinance requirement and is consistent
with the ORS placement standards. The requirement that the manufactured home is 28 feet in width has
been deleted, as it is not consistent with the ORS placement standards.
A. Floor Plan.
The manufactured home shall be multi-sectional and have an enclosed floor
area of not less than 1,000 square feet.
Comment:
Section B Roof is the same requirement as in the current ordinance, and is consistent with the
ORS placement standards.
B. Roof.
The manufactured home shall have a pitched roof with a slope not less than 3 feet in
height for each 12 feet in width (14 degrees).
Comment:
The current ordinance prescribes wood or wood product siding and composition roofing, and
prohibits metal siding or roofing in Section 18.20.020.H.4. This language is not consistent with the
statutes, and is replaced in Section C below with the approved language from the ORS placement
standards.
C. Residential Building Materials.
The manufactured home shall have exterior siding and
roofing which in color, material and appearance are similar or superior to the exterior siding
and roof material used on nearby residences (e.g., horizontal wood or wood-appearance
siding is considered “superior” to metal siding and roofing).
Comment:
The current ordinance requires a garage or storage building at least 14 x 20 feet in size, and
constructed of similar materials as the manufactured home in Section 18.20.020.H.5. This language is
consistent with the ORS placement standards.
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However, staff recommends deleting the requirement. The Housing Commission and SOU student group
that studied manufactured housing suggested deleting this requirement. The affordability that is gained by
a manufactured home seems to be decreased or eliminated if a garage or storage building is required to
be provided, especially if the accessory building is stick built and not available in a manufactured form.
Also, while single-family homes are required to provide off-street parking spaces, a single-family home is
not required to provide a garage, carport or similar structure.
D. Garages and Carports.
If the manufactured home has a garage or carport, the garage or
carport shall be constructed of materials like those used on the house.
Comment:
Section E Thermal Envelope is similar to the current ordinance requirement and is the same
as the ORS placement standards. The second sentence has been added to clarify what standards that
are equivalent to the State Building Code for a single-family home.
E. Thermal Envelope.
The manufactured home shall be certified by the manufacturer to meet
the thermal envelope requirements equivalent to those for a single-family dwelling
constructed under the building code. Evidence demonstrating that the manufactured home
meets “Super Good Cents” energy efficiency standards, or equivalent standard, is deemed
to satisfy the exterior thermal envelope certification requirement.
Comment:
Section F Placement is similar to the current ordinance, and the ORS placement standards.
However, the measurement above grade has been modified to refer to building code requirements.
F. Placement.
The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that it complies with the applicable building
code requirements, including the height above grade, and the minimum set-up standards of
the adopted state Administrative Rules for Manufactured Dwellings, OAR 918.
G. Floodplain.
Manufactured homes shall comply with chapter 18-3.9 Physical and
Environmental Constraints
Comment:
Sections H – L, Foundation Skirt, Design Features, and Prohibited, are the same as the
current ordinance, and consistent with the ORS requirements.
H. Foundation Skirt.
The foundation area of the manufactured home shall be fully skirted with
concrete, horizontal wood or vinyl siding, or other materials, pursuant to applicable building
codes.
I. Design Features.
The manufactured home shall incorporate at least two of the single-family
design features in section 18-2.5.050.
J. Prohibited.
The manufactured home shall not be located in a designated historic district.
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Land Use Ordinance
18-2.3 – Special Use Standards
18-2.3.180 Manufactured Housing Developments
Comment:
This section carries forward chapter 18.84. This section refers to 18-3.8 Performance
Standards Option for applicable review procedures because the procedure for manufactured housing
developments is the same in the current ordinance as those for Performance Standards Option. The
definitions are relocated to Part 18-6.
A. Purpose.
The purpose of this section is to encourage the most appropriate use of land for
manufacturing housing development purposes, to encourage design standards which will
create pleasing appearances, to provide sufficient open space for light, air and recreation, to
provide adequate access to and parking for manufactured housing sites, and to refer
minimum utility service facilities to appropriate City codes.
B. General Provisions.
1. Manufactured housing development may be located or relocated only in R-1-3.5 and R-2
zones.
2. No manufactured housing developments may be located, relocated, or increased in size
or number of units within any other zone.
3. No manufactured housing developments may be located within the Historic District
Overlay.
4. Manufactured housing developments shall be subject to regulations of this chapter and
shall be located only on sites approved for use under the provisions of such chapter. No
person shall establish, operate, manage, maintain, alter or enlarge any manufactured
housing development contrary to the provisions of this ordinance.
5. In addition to the requirements of this chapter, all manufactured housing developments
shall conform to the regulations of ORS 446, together with such administrative rules as
may be adopted from time to time, except where such regulations are exceeded by the
requirements of this chapter, in which case the more stringent requirements shall apply.
C. Procedure for Approval.
The procedure for approving a manufactured home development
is the same as for the Performance Standards Option (Outline Plan and Final Plan),
pursuant to chapter 18-3.8.
D. Manufactured Housing Development Design Standards.
1. Minimum Court Size. A manufactured housing development shall occupy a site of not
less than one acre in size.
2. Density. The maximum density permitted shall be eight manufactured housing units per
acre of developed court area. Manufactured housing which is 14 feet wide or less, or
which is less than 800 square feet in size will count as 0.75 units for this calculation.
. All manufactured housing sites or lots must be at
3. Manufactured Housing Sites or Lots
least 2,000 square feet in size, at least 35 feet wide, and at least 40 feet deep.
. Maximum lot coverage of any individual manufactured housing lot or site
4. Lot Coverage
shall be 65 percent in the R-2 zone and 55 percent in the R-1-3.5 zone. In addition, the
general lot coverage requirements of the parent zone shall also be complied with for the
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entire project site.
Comment:
ORS 446.100 requires a minimum of five feet from a property boundary line to a
manufactured dwelling, and a minimum of 10 feet of space between manufactured dwellings, unless the
building code allows the units to be placed closer together.
Staff suggests the following changes to the setbacks:
For exterior setbacks, use the same approach as allowed in Performance Standards Subdivisions
which is “Setbacks along the perimeter of the development shall have the same setbacks as
required in the parent zone.”
Retain the 10-foot front yard setback requirement as it is less than would be required in the R-1-
3.5 or R-2 zoning district.
Reduce the interior side and rear setbacks to five feet, or less if allowed by state building code so
that the requirement is consistent with the ORS requirements.
5. Setbacks.
a. Exterior Setbacks. Manufactured housing sites along the exterior boundary of the
court shall have the same setbacks as required in the parent zone, and no less than
a minimum of five feet from a property boundary line.
b. Interior Front Yard Setbacks. There shall be a front yard on each manufactured
home lot or space of at least ten feet.
c Interior Side and Rear Yard Setbacks. There shall be side or rear yards of at least
five feet. There shall be a minimum separation of ten feet between manufactured
housing units.
. Public streets shall comply with the design standards contained in
6. Street Standards
chapter 18-4.7. Private streets shall be a minimum of 20 feet in width, and constructed to
the same standards as specified for an alley. A private street may be a dead-end street
no more than 300 feet in depth from a higher order road. Adequate turn-around shall be
provided according to standards established by the Planning Commission.
. Every manufactured housing development shall have a permanent
7. Sidewalk Standards
pedestrian walkway at least 48 inches wide connecting all manufactured housing units to
public or private streets, common open spaces, recreational areas and commonly-
owned buildings and facilities.
. Each manufactured housing unit shall be provided with
8. Off-Street Parking Standards
one off-street parking space on each manufactured housing site, setback 20 feet from
the street. In addition, guest parking facilities of one parking space for each
manufactured housing site shall also be provided on the project site, within 200 feet of
the units they are intended to serve, either adjacent to the road or in a off street parking
lot. Parking space construction, size, landscaping and design requirements shall be
according to chapter 18-4.4 Parking and Loading, and chapter 18-4.5 Landscaping and
Screening.
9. Utilities. Provisions for electric, water and sanitary service shall be made in accordance
with established City procedures and law, including number, size, quality and location of
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18-2.3 – Special Use Standards
fixtures, connections and facilities. Telephone and electric lines shall be placed
underground.
.
10. Landscaping
a. All areas of the development not occupied by paved roadways, pathways, parking
areas, or not occupied by other facilities shall be landscaped. Areas that contain
significant natural vegetation may be left in a natural state, if approved on the final
landscaping plans.
b. Manufactured housing developments located in an R-1-3.5 zone shall have 45
percent of the entire site landscaped. Developments located in the R-2 zone shall
have 35 percent of the entire site landscaped.
11. Fencing. Fencing shall comply with all fencing requirements as per chapter 18-2.5.060.
12. Open Space. All developments are required to provide a minimum of five percent of the
total lot area in Open Space.
Comment: ORS 446.095 requires a play area to be provided if the park is not an all-adult park. This
language is added in Section 13 below.
13. Play Area. If the manufactured housing development accommodates children less than
14 years of age, a separate general play area a minimum of 2,500 square feet in size, or
100 square feet of play area per unit, whichever is greater, shall be provided.
E. Manufactured Housing Unit Standards.
All manufactured housing units located in
approved manufactured housing developments shall comply with the following
requirements:
1. Manufactured housing units shall be a minimum of 650 square feet in size.
2. Manufactured housing units shall be at least 12 feet wide.
3. Manufactured housing units shall have the Oregon Department of Commerce "insignia of
Compliance." The Building Official shall inspect the manufactured housing unit and
occupancy shall be approved only if the Building Official has determined that the
manufactured housing unit has a valid insignia of compliance and has not deteriorated
beyond an acceptable level of compliance.
4. Manufactured housing units shall be placed on permanent foundations, with wheels and
hitches removed, be fully skirted or bermed, and shall have no uncovered open spaces
except for vents of sufficient strength to support the loads imposed by the manufactured
housing unit, based on accepted engineering design standards, as approved by the
Building Official.
5. Manufactured housing units shall be provided with City water, sewer, electricity,
telephone and storm drainage, with easements dedicated where necessary.
6 Manufactured housing units shall comply with the thermal envelope requirements for
heat loss required by the building code for single-family detached homes.
7. Manufactured housing units shall have a deck or patio area adjacent to the home. The
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18-2.3 – Special Use Standards
deck or patio shall be constructed of a permanent material and shall be at least 80
square feet in size, with a minimum width of eight feet in its least dimension.
8. Each manufactured housing unit shall have a one parking space located on or adjacent
to the unit space. The parking space shall be setback at least 20 feet from the street.
9. Not withstanding the above, any manufactured home legally located within the Ashland
Urban Growth Boundary prior to July 1, 1990 may be relocated to an approved
manufactured home development, subject to a fire and life safety inspection by the
Building Official.
F. Storage and Temporary Occupancy of Manufactured Homes.
1. A no-charge permit from the Staff Advisor is required for the storage of any
manufactured housing unit on the home premises of the owner for any length of time
when not used for living purposes; provided, however, that all units so stored shall abide
by the yard requirements for accessory buildings in this chapter.
2. No manufactured housing unit shall be stored on a public street except for temporary
maneuvering purposes.
3. For temporary occupancy of a manufactured housing unit, see section 18-2.2.030.H.2.
G. Nonconforming Manufactured Housing Developments.
Notwithstanding the provisions of
chapter 18-1.4 Nonconforming Situations, manufactured housing development and an
individual manufactured housing unit utilized for living purposes on the effective date of this
ordinance or of amendments thereto, which do not conform to the regulations of this
chapter, shall be deemed to be nonconforming and may be continued, subject to the
following regulations:
1. Routine maintenance and repairs may be performed within the manufactured housing
development or upon individual manufactured housing units.
2. No nonconforming manufactured housing development shall be enlarged, remodeled or
modernized except in conformance with all requirements of this chapter, except that an
area of less than two acres for a development to be enlarged, remodeled or modernized
may be approved through the conditional use permit procedure contained in this
ordinance.
3. No manufactured housing unit shall be located on the site of, or substituted for, a
nonconforming manufactured housing unit, the use of which has been discontinued,
except within a manufactured housing development holding a certificate of sanitation
issued by the Board of Health, State of Oregon, issued prior to the effective date of this
chapter. Relocation of existing units within the Ashland Urban Growth Boundary is
exempted as provided in section 18-2.3.180.E.9.
4. If a nonconforming manufactured housing development holding a certificate of sanitation
issued by the Board of Health, State of Oregon, ceases operation for a period of six
months or more, said development shall be considered abandoned and shall be
reinstituted only in conformance with the requirements of this chapter.
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H. Special Conditions.
For the mitigation of adverse impacts, the City may impose conditions,
including, but not limited to, requiring view-obscuring shrubbery, walls or fences, and
requiring retention of specified trees, rocks, water ponds or courses, or other natural
features.
18-2.3.190 Multiple-Family Rental Unit Conversion to For-Purchase Units
Comment:
The following regulations, carried forward from 18.24.040.L and 18.28.040.L in the R-2 and R-
3 multiple-family zone chapters have been edited for clarity and readability.
A. Section 18-2.3.190 applies to existing multiple-family rental units, which for the purpose of
this section, are defined as dwelling units designed to house multiple households within one
or more structures on a single property that were constructed and occupied prior to
November 3, 2007 (Ord. 2942).
B. Multi-family rental units constructed after November 3, 2007 are not subject to the provisions
of this section.
C. Conversion of existing multiple-family dwelling rental units into for-purchase units, including
the demolition of existing multiple-family dwelling rental units, is subject to the following:
1. Existing multiple-family dwelling structures may be converted from rental units to for-
purchase housing, where all or only a portion of the structure is converted, as set forth in
Table 18-2.3.190(1), provided the existing structure meets the following regulations of
the applicable zone: permitted density, yard requirements, maximum height, maximum
lot coverage, outdoor recreation space, maximum permitted floor area, waste
enclosures, parking and bike storage.
Table 18-2.3.190 (1): Conversion of Multiple-Family Rental Units to Fo-Purchase
r
Units
ffordable ffordable
AA
Number of
Market Rate Ownership Market Rate Rentals
Dwelling Units on
(per Sec. 18-Rentals (per Sec.
Ownership
Tax Lot
2.5.060) 18-2.5.060)
2-4 100% 0% 0% 0%
5-12 75% 0% 25% 0%
13-24 50% 0% 50% 0%
25-48 25% 0% 75% 0%
49+ 0% 0% 100% 0%
2. Where an existing multiple-family dwelling structure does not meet the regulations of the
applicable zone, as listed in subsection 18-2.3.190.C(1), rental units may be converted
to for-purchase units, as set forth in Table 18-2.3.190(2) and the standards below:
a. Conversion of an existing multiple-family structures to for-purchase housing shall
comply with the following general regulations and the site design and use standards
of applicable zone: number of bike and automobile parking spaces, trash and
recycling enclosures.
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18-2.3 – Special Use Standards
b. Conversion of existing multiple-family structures to for-purchase housing shall
demonstrate that there are adequate public facilities and public services available to
serve the development, including but not limited to water, sewer, electric, fire
protection, and storm drainage.
c. Conversion of existing multiple-family structures to for-purchase housing shall
improve the street frontage to meet adopted the applicable design standards of this
ordinance, including landscaping, sidewalks and street trees, pursuant to Part 18-4.
Table 18-2.3.190(2): Conversion of Nonconforming Multifamily Dwelling Rental Units
to For-Purchase Units
ffordable ffordable
AA
Number of
Market Rate Ownership Market Rate Rentals
Dwelling Units on
Ownership (per Sec. 18-Rentals (per Sec. 18-
Tax Lot
2.5.060) 2.5.060)
2-4 75% 25% 0% 0%
5-12 56.25% 0% 25% 18.75%
13-24 37.50% 0% 50% 12.50%
25-48 18.75% 0% 75% 6.25%
48+ 0.00% 0% 100% 0%
3. As an incentive to provide affordable rental housing units above minimum requirements
in projects of five or more units, an applicant shall be granted an equal percentage of for-
purchase ownership units per Table 18-2.3.190(3).
Table 18-2.3.190(3): Fo-Purchase Unit Bonus Where Affordable Units Exceed
r
Minimum
ffordable ffordable
AA
Number of
Market Rate Ownership Market Rate Rentals
Dwelling Units on
Ownership (per Sec. 18-Rentals (per Sec. 18-
Tax Lot
2.5.060) 2.5.060)
2-4 na na na na
5-12 68.75% na 0% 31.25%
13-24 62.50% na 0% 37.50%
25-48 56.25% na 0% 43.75%
48+ 50.00% na 0% 50.00%
4. Units designated as market rate or affordable rental units shall be retained as one
condominium tract under one ownership. This remaining rental tract shall be restricted
from further consideration of conversion to for-purchase housing.
5. Affordable Housing Units provided under 18-2.3.190.C.2 and 18-2.3.190.C.3 shall meet
the following affordability standards:
a. Affordable Rental Units shall be affordable for rent by households earning at or
below 60 percent of the AMI in accordance with the standards established by section
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18-2.3 – Special Use Standards
18-2.5.070 (Resolution 2006-13).
b. Affordable Ownership Units shall be affordable for purchase by households earning
at or below 80 percent of the AMI in accordance with the standards established by
section 18-2.5.070 (Resolution 2006-13).
6. Prior to offering any units for sale the developer must comply with AMC 15.104.
7. Conversion of existing rental units into for-purchase housing shall comply with AMC
10.115.
18-2.3.200 Retail Uses Allowed in Railroad Historic District
Comment:
The following is carried forward from 18.24.030.I, and are edited for clarity.
Retail commercial uses located in a dwelling unit within the Railroad Historic District are subject
to all of the following requirements:
A. The business shall be no greater than 600 square feet in total area, including all storage and
accessory uses.
B. The business shall be operated only by the occupant of the dwelling unit and not more than
one half full-time equivalent employee (up to 25 hours per week).
C. Uses are limited to those designed to serve primarily pedestrian traffic.
D. The use shall be located only a street having fully improved sidewalk on at least the side
occupied by the business. The abutting street must be fully improved pursuant to residential
City standards or greater.
18-2.3.210 Traveler’s Accommodations in R-2 and R-3 Zones
Comment:
This section has been updated to reflect the recently adopted amendments. The requirements
are reordered and revised for clarity. Subsection L is deleted because legal nonconforming traveler’s
accommodations are provided for under 18-1.4 Nonconforming Situations.
Where traveler’s accommodations are allowed, they require a Conditional Permit under chapter
18-5.4, are subject to Site Review under chapter 18-5.2, and shall meet all of the following
requirements:
A. The property on which the traveler’s accommodation is operated is located within 200 feet of
a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in
the Ashland Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector shall be measured via a public street or public alley to a lot line.
B. The primary residence containing the traveler’s accommodation must be at least 20 years
old. The primary residence may be altered and adapted for traveler's accommodation use,
including expansion of floor area. Additional structures may be allowed to accommodate
additional units, but must be in conformance with all setback and lot coverage standards of
the underlying zone.
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18-2.3 – Special Use Standards
C. During operation of a traveler’s accommodation, the property on which the traveler’s
accommodation is sited must be the primary residence of the business-owner. "Business-
owner" is defined for the purposes of this section as a person or persons who own the
subject property and accommodation; or who have entered into a lease agreement with the
property owner(s) allowing for the operation of the accommodation. Where the business
owner is someone other than the property owner, such lease agreement must specifically
state that the property owner is not involved in the day-to-day operation or financial
management of the accommodation, and that the business-owner has actual ownership of
the business and is wholly responsible for all operations associated with the
accommodation.
D. A minimum of one off-street parking space is required for each traveler’s accommodation
unit, and two off-street parking spaces for the business-owner’s unit. All parking spaces
shall be in conformance with chapter 18-4.4 Parking and Loading.
E. Signage is limited to one ground or wall sign constructed of a non-plastic material, non-
interior illuminated, and a maximum of six square feet total surface area. Any exterior
illumination of signage shall be installed such that it does not directly illuminate any
residential structures adjacent or nearby the traveler's accommodation in violation of chapter
18-4.6.
F. The number of traveler’s accommodation units allowed shall be determined by the following
criteria:
1. The total number of units, including the business-owner's unit, shall be determined by
dividing the lot area by 1,800 square feet. Contiguous lots under the same ownership
may be combined to increase lot area and the number of units, but not in excess of the
maximum established by this ordinance. The maximum number of accommodation units
allowed shall be nine for properties with primary lot frontage on boulevard streets. The
maximum number of units shall be seven for properties without primary lot frontage on a
boulevard, but within 200 feet of a boulevard, avenue or neighborhood collector as
identified on the Street Dedication Map in the Ashland Comprehensive Plan. Distances
to the property from a boulevard, avenue or neighborhood collector shall be measured
via a public street or public alley to a lot line.
2. Excluding the business-owner's unit and the area of the structure it will occupy, there
must be at least 400 square feet of gross interior floor space remaining per unit.
G. Traveler’s accommodations must met all applicable building, fire and related safety codes at
all times and must be inspected by the fire department before occupancy following approval
of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28.
H. An annual inspection by the Jackson County Health Department shall be conducted as
required by the laws of Jackson County or the State of Oregon.
I. The business-owner must maintain a city business license and pay all transient occupancy
tax in accordance with AMC 4.24 and AMC 6.04 as required.
J. Advertising for any traveler’s accommodation must include the City of Ashland planning
action number assigned to the land use approval.
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18-2.3 – Special Use Standards
K. Offering the availability of residential property for uses as a traveler’s accommodation
without a valid Conditional use Permit approval, current business license and Transient
Occupancy Tax registration is prohibited and shall be subject to enforcement procedures.
L.All previous approvals, conditions and requirements remainingin effect upon change of
business-ownership. All traveler’s accommodations receiving their initial approvals prior to
the effective date of this ordinance shall be considered as approved, conforming uses, with
all previous approvals, conditions and requirement remaining in effect upon change of
business-ownership.
L. Any further modifications to a traveler’s accommodations, beyond the existing approval(s),
shall be in conformance with all current requirements of this ordinance.
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Land Use Ordinance
18-2.4 – General Regulations for Base Zones
Chapter 18-2.4 – General Regulations for Base Zones
Sections:
18-2.4.010 Access – Minimum Street Frontage
18-2.4.020 Accessory Structures and Mechanical Equipment
18-2.4.030 Arterial Street Setback
18-2.4.040 Vision Clearance Area
18-2.4.050 Yard Exceptions and Requirements
Comment:
This chapter updates and reorganizes Chapter 18.68 General Regulations for readability.
Some provisions of the existing Chapter1 8.68 are located in other chapters of the Unified Code. For
example, the exception to front yard setbacks for residential uses is contained in 18.2.5 Standards for
Residential Zones; the exception to minimum lot size standards is contained in 18-1.4 Non-conforming
Situations; and the requirement that property owners not remonstrate against/consent to participate in
costs of improvements is in 18-4.7 Public Facilities.
18-2.4.010 Access – Minimum Street Frontage
Each lot shall abut a public street other than an alley for a width of not less than 40 feet; except,
where a lot is part of an approved flag partition or abuts a cul-de-sac vehicle turn-around area,
the minimum width is 25 feet.
18-2.4.020 Accessory Structures and Mechanical Equipment
Comment:
The following carries forward 18.68.140.
A. Accessory Structures.
Accessory buildings and structures shall comply with all
requirements for the principal use, except where specifically modified by this ordinance.
B. Mechanical Equipment.
Mechanical equipment shall not be located between the main
structure on the site and any street adjacent to a front or side yard, and every attempt shall
be made to place such equipment so that it is not visible from adjacent public streets.
Mechanical equipment and associated enclosures, not taller than allowed fence heights,
may be located within required interior side or rear yards, provided such installation and
operation is consistent with other provisions of this ordinance or the Ashland Municipal
Code, including but not limited to noise attenuation. Any installation of mechanical
equipment shall require a building permit.
18-2.4.030 Arterial Street Setback
The setback from an arterial street shall be not less than 20 feet, or the width required to install
sidewalk and park row improvements, consistent with the street standards in chapter 18-4.7,
whichever is less.
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18-2.4 – General Regulations for Base Zones
18-2.4.040 Vision Clearance Area
Comments:
In subsection B below, C-1-D is included in the zones exempted from the vision clearance
requirement, but the current ordinance in Section 18.68.020.B does not list the zone. The current
ordinance in places describes the C-1-D zone, which is the downtown area, as an “overlay” of the larger
C-1 zone. However, the Comprehensive Plan and Zoning maps show the C-1-D area as a zone in itself.
Consequently, the draft unified ordinance treats the C-1-D area as a zone in itself, and the
inconsistencies in the language are corrected so that the C-1-D is consistently listed or identified, rather
than assuming it is a subset of the C-1 zone.
Vision clearance areas shall be provided with the following distances establishing the size of the
vision clearance area:
A. In any residential zone, the minimum distance shall be 25 feet or, at intersections including
an alley, ten feet.
B. In all other zones except the C-1, C-1-D, E-1, and CM zones, the minimum distance shall be
15 feet or, at intersections, including an alley, ten 10 feet. When the angle of intersection
between streets, other than an alley, is less than 30 degrees, the distance shall be 25 feet.
C. The vision clearance area shall contain no plantings, fences, walls, structures, or temporary
or permanent obstructions exceeding two and one-half feet in height, measured from the top
of the curb, except that street trees exceeding this height may be located in this area,
provided all branches and foliage are removed to a height of eight feet above the grade.
D. The vision clearance standards established by this section are not subject to the Variance
section of this title.
18-2.4.050 Yard Requirements and General Exceptions
Comment:
This section carries forward the regulations of 18.68.040 and incorporates the recent
amendment related to eaves and awnings. The term “encroach” replaces the existing term “intrude.”
Subsection C below is carried forward from the existing definition of a structure in 18.08.750. The
standard is unchanged, and was inadvertently omitted from the previous draft.
A. In addition to the requirements of chapters 18-2.5 and 18-2.6, yard requirements shall
conform to the Solar Access standards of chapter 18-4.10.
B. Eaves and awnings may encroach three feet into required yards; all other architectural
projections may encroach 18 inches into required yards.
C. The following general exceptions are allowed for structures that are 30 inches in height or
less, including entry stairs, uncovered porches, patios and similar structures:
1. The structures are exempt from the side and rear yard setback requirements.
2. The front and side yards abutting a public street may be reduced by half.
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18-2.5 – Standards for Residential Zones
Chapter 18-2.5 Standards for Residential Zones
18-2.5.010 Purpose
18-2.5.020 Applicability
18-2.5.030 Unified Standards for Residential Zones
18-2.5.040 Accessory Buildings and Structures
18-2.5.050 Affordable Housing Standards
18-2.5.060 Yard Exceptions
18-2.5.070 Maximum Permitted Residential Floor Area in Historic District
18-2.5.080 Residential Density Calculation in R-2 and R-3 Zones
18-2.5.090 Standards for Single-Family Dwellings
Comments:
This chapter consolidates regulations in chapters 18.14 through 18.28, in order to avoid duplication
and to make the ordinance easier to use. Standards for special districts (NM, and CM) and the city’s overlay
zones are contained in Part 18-3.
18-2.5.010 Purpose
Chapter 18-2.5 sets forth lot and development standards, including minimum dimensions, area, density,
coverage, structure height, and other provisions that control the intensity, scale, and location of
development, for Ashland’s base residential zones, pursuant to the City of AshlandComprehensive
Plan and the purposes of this ordinance.
18-2.5.020 Applicability
The standards contained in this chapter apply to all uses and development in the City’s residential
zones. Property owners are responsible for verifying whether a proposed use or development meets
the applicable standards of this ordinance, and for obtaining zoning permits.
18-2.5.030 Unified Standards for Residential Zones
Comments:
The following carries forward and consolidates the existing quantitative standards (dimensions) from
the Residential zones (18.14 through 18.28), and the applicable landscape area regulations of 18.72.110.
A. Standards for Urban Residential Zones.
Table 18-2.5.030.A contains standards for the R-1, R-1-
3.5, R-2, and R-3 zones. Standards for the RR and WR zones are contained in subsections 18-
2.5.030.B and 18-2.5.030C.
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18-2.5 – Standards for Residential Zones
Comment:
Per the Planning Commission’s input on the Policy Issues and Recommendations from the 2006 Land
Use Ordinance Review, this draft includes the following changes: 1) removes the R-1-5 minimum corner lot area
(6,000 sf) and the minimum width for a corner lot of 60 feet; 2) consistently makes the front porch setback 8 feet
in the residential zones (10 feet was shown in the previous draft), and 3) adds a new provision allowing 200
square feet or 5 percent of the permitted lot coverage to be developed in a pervious paving system that allows
storm water infiltration. In the previous draft, reduced lot depths were suggested, but have been reverted to the
current standard of a minimum of 80 feet.
Alley Setback
: The amendment allowing reduced alley setbacks is new, per the Planning Commission discussion
of the comments from the public meetings. In the existing code, the North Mountain Neighborhood zone allows a
minimum of 3 feet for side yards for one-story detached garages and accessory buildings whether on an alley or
not, and 4 feet for rear yards for one and two-story accessory buildings adjacent to an alley. The existing code
also allows one-story accessory structures that are at least 50 feet from a public street and separated from other
structures by at least 10 feet to reduce the side and rear yard setback to 3 feet, whether on an alley or not. For all
other situations in residential zones, the standard is 10 feet for side yards on a street, 6 feet for all other side
yards, and 10 feet per story for rear yards.
Changes are suggested in two places – in 18-2.5.060 and 18-2.5..040. Section 18-2.5.060 is new, and allows 4
feet for side and rear yards for detached structures adjacent to alleys, not including the primary residence. While
rear yards abutting alleys are more common, side yards adjacent to alleys do occur, especially in the historic
districts. Section 18-2.5.040 is an existing provision of the code pertaining to accessory structures, and edits are
suggested consistency with the new provision and amendments to building separation. Finally, an error was
included in the previous draft pertaining to side yards on alleys – this was listed as 10 feet, but it is 6 feet in the
existing code per the definition of a corner lot which excludes those lots adjacent to alleys (18.08.370).
Half Story Setback
: Currently, a half story is defined as being 50 percent of the of the floor area below, and most
of the residential zones allow building heights of two and a half stories or 35 feet. The existing rear yard setback is
10 feet per story for most of the residential zones, although the North Mountain Neighborhood zone uses 5 feet
for dormer spaces. Staff suggests considering a 5-foot setback for half stories in the residential zones. This issue
regularly comes up with homes and accessory structures that are 1½ stories in height. The amendment would
allow a 1½ story structure to be 15 feet from the rear property line rather than 20 feet (unless exempted by the
new reduced alley setback provision).
Building Separation/Distance Between Buildings:
The existing ordinance requires 10 to 20 feet between
buildings in the R-1-3.5, R-2 and R-3 zones, but does not include building separation requirements in the WR,
RR, R-1-10, R-1-7.5 or R-1-5 zones. An amendment is suggested which would replace the previous “distance
between buildings” with a separation requirement for principal buildings of half the height of the tallest building
and no more than 12 feet, where height is measured at the two closest walls. Accessory buildings would be
exempt from this provision and simply subject to Building Code requirements. This is the same standard used in
the Performance Standards Options chapter. Staff believes the change will provide consistency between zones,
and more flexibility in building placement in the R-1-3.5, R-2 and R-3 zones which is important in alternative
housing developments such as cottage housing.
City of Ashland 2-51 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
8
Table 18-2.5.030.A – Standards for Urban Residential Zones
(Except as modified under chapter 18-5.7 Exceptions and Variances or chapter 18-3.8 Performance Standards Option.)
R-1
Standard R-2 R-3
R-1-10 R-1-7.5 R-1-5 R-1-3.5
Residential Density (dwelling
units/acre)
NANANANASee density standards in
-
Minimum
Sec. 18-2.5.060
Per Min. Lot Per Min. Per Min. Lot Per Min. Lot
-
Maximum
AreaLot Area AreaArea
See also, Sec. 18-2.5.070, for
R-2 and R-3 zones.
Lot Area – Minimum (square
feet)
See density standards in
-
Lot
Sec. 18-2.5.060
10,000 sf 7,500 sf 5,000 sf 5,000 sf*
*Exception providing for minimum lot area of 3,500 sf in R-1-3.5 zone applies only where the lot contains an existing single-
family dwelling that meets setback, density, and lot coverage standards; variances under this section are subject to Type I
procedure. See also, 18-2.5.060 General Exceptions.
Lot Width - Minimum (feet) 75 ft** 65 ft** 50 ft** 50 ft** 50 ft 50 ft
**Width shall not exceed depth.
Lot Depth (feet)
-
Minimum 80 ft80 ft80 ft80 ft 80 ft 80 ft
-150 ft 150 ft
Maximum* 150 ft 250% of 250% of 250% of
width width width
*Does not apply to Partitions
Standard Yards – Minimum
(feet)*
-
Front – Standard, except: 15 ft 15 ft 15 ft 15 ft 15 ft 15 ft
-
Front – Unenclosed 8 ft 8 ft 8 ft 8 ft 8 ft8 ft
was 20 ft was 10 ft was 10 ft
Porch**
-
Front – Garage Opening 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft
-
Side – Standard 6 ft 6 ft 6 ft 6 ft 6 ft 6 ft
-
Side – Corner Lot 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft
Adjacent to Street/Alley
Side***
-
Rear – Single-Story 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft
Building
-
Rear – Multi-Story 10 ft per 10 ft per 10 ft per 10 ft per 10 ft per 10 ft per Bldg
Bldg Story, Bldg Story, Bldg Story, Story, 5 feet
Building Bldg Story, Bldg
Story, 5 5 ft per Half 5 feet per 5 feet per per Half Story
5 ft per Half
ft per Story Half Story Half Story
Story
Half
Story
City of Ashland 2-52 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
8
Table 18-2.5.030.A – Standards for Urban Residential Zones
(Except as modified under chapter 18-5.7 Exceptions and Variances or chapter 18-3.8 Performance Standards Option.)
R-1
Standard R-2 R-3
R-1-10 R-1-7.5 R-1-5 R-1-3.5
*See 18-2.4.040 and 18-2.5.060 for yard exceptions, and 18-2.5.040 for accessory structure setback exceptions. Additional
setbacks may be required to avoid easement encroachments, and to comply with Solar Access requirements in Section 18-
4.8.
** For setback, or the width of any existing public utility easement, whichever is greater. An unenclosed porch must be no
less than six feet in depth and eight feet in length, see 18-6.1.030 for definition of porch. In the Historic District Overlay
unenclosed porch provisions do not apply, and the minimum Front Yard is 20 ft. See also, section 18-2.5.040 General
Exceptions.
***Does not apply to a side yard adjacent to an alley.
Distance Between Buildings\[On
Same Site\]
NANANA10 ft10 ft10 ft
-
Between Principal
Building and Accessory
NANANA20 ft20 ft20 ft
Building
-
Between Principal
NANANA50% sum 50% sum 50% sum
Buildings Accessed by
both bldgs, both bldgs, both bldgs, or
Shared Court
or 12 ft, or 12 ft, 12 ft,
Between Other Principal
whichever is whichever whichever is
Buildings * Additional setbacks
greateris greatergreater
may be required to comply with
Solar Access requirements
(Section 18.48).
Building Separation Except as otherwise required by building code, the minimum separation
between principal 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 12 feet.
Accessory structures are exempt from this requirement. Applicable building
code provisions dictate the minimum separation between an accessory
structure and other structures.
35 ft or 2 ½
stories,
Building Height – Maximum 35 ft or 2 ½ stories, whichever is less, except structures within Historic except up to
(feet)District Overlay shall not exceed 30 ft. 50 ft with CU
permit
approval.
*Lot Coverage – Maximum (%
of lot area)
*An additional 200 sq. ft. or 5%
of the permitted lot coverage,
40% 45% 50% 55% 65% 75%
whichever is greater, may be
developed in an approved,
pervious paving system that
allows storm water infiltration.
City of Ashland 2-53 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
8
Table 18-2.5.030.A – Standards for Urban Residential Zones
(Except as modified under chapter 18-5.7 Exceptions and Variances or chapter 18-3.8 Performance Standards Option.)
R-1
Standard R-2 R-3
R-1-10 R-1-7.5 R-1-5 R-1-3.5
Landscape Area – Minimum (%
60% 55% 50% 45% 35% 25%
of developed lot area)
Outdoor Recreation Space -
Minimum (% of site area)**
NA NA NA NA 8% 8%
**See 18-3.8 for additional
open space requirements in
Performance Standard Options
developments.
City of Ashland 2-54 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
B. Woodland Residential Zone.
Standards for the Woodland Residential (WR) zone follow:
Comment:
The following standards are carried forward from chapter 18-14.
Table 18-2.5.030.B Standards for Woodland Residential (WR) Zone
–
(Except as modified under chapter 18-5.7 Exceptions and Variances or chapter 18-3.8 Performance Standards Option.)
SlopeMin. Lot SizeDU/Acre
Minimum Lot Area and Maximum Density
Less than 40% 2.0 .5
Limits on density transfer
. All developments, with
40 to 50% 2.5 .4
the exception of partitioning, must be developed
50 to 60% 5.0 .2
under the Performance Standards Option, chapter
Over 60% 10.0 .1
18-3.8. Not more than 25% percent of the density
Outside UGB 20.0 .05
allowed in a Woodland Residential zone may be
transferred to a higher density zone in a
Performance Standard Options development.
Lot Coverage – Maximum (% of lot area) 7%
Lot Width - Minimum (feet) 100 ft
Lot Depth - Minimum and Maximum (feet) 150 ft
Standard Yards* – Minimum (feet)
-
Front – Standard 20 ft
-
Side – Standard, except: 6 ft
-
Side – Corner-Street/Alley Side 10 ft
-
Rear – Single-Story Building 10 ft
-
Rear – Multi-Story Building 10 ft per Bldg Story
*Additional setbacks may be required as to avoid easement encroachments, and to comply with Solar Access requirements.
See also 18-2.4.050 and 18-2.5.060 for yard exceptions.
Maximum Building Height 35 ft or 2 ½ stories, whichever is less.
City of Ashland 2-55 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
C. Rural Residential Zone.
Standards for the Rural Residential (RR) zone follow:
Comment:
The following standards are carried forward from chapters 18-14 and 18.68.110 Front Yard – General
Exceptions and 18.68.130 Lot Size Requirements – General Exceptions.
Table 18-2.5.030.C Standards for Rural Residential (RR) Zone
–
(Except as modified under chapter 18-5.7 Exceptions and Variances or chapter 18-3.8 Performance Standards Option.)
ZoneMin. Lot Size*
Minimum Lot Area and Maximum Density
RR-.5 0.5 acre
See also 18-2.50.60 Residential Density Computation.
RR-1 1 acre
RR-2.5 2.5 acres
* The minimum lot size depends on the topographic nature, service availability, surrounding land uses and other relevant
characteristics of the area.
Lot TypeLot Coverage
Maximum Lot Coverage
RR-.5 20%
RR-1 12%
RR-2.5 7%
Lot Width - Minimum (feet) 100 ft
Lot Depth - Minimum and Maximum (feet) 150 ft and not more than 300% of width
Standard Yards* – Minimum (feet)
-
Front – Standard 20 ft
-
Side – Standard, except: 6 ft
-
Side – Corner-Street/Alley Side 10 ft
-
Rear – Single-Story Building 10 ft
-
Rear – Multi-Story Building 10 ft per Bldg Story
*Additional setbacks may be required as to avoid easement encroachments, and to comply with Solar Access requirements.
See also 18-2.4.050 and 18-2.5.060 for yard exceptions.
35 ft or 2 ½ stories, whichever is less; except the
height of agricultural structures is not limited, when
Maximum Building Height
the structure is placed fifty (50) feet or more from
all property lines.
City of Ashland 2-56 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
Comment:
The following carries forward 18.68.140, and incorporates recent micro-livestock enclosure
amendments.
18-2.5.040 Accessory Buildings and Structures
Accessory buildings and structures shall comply with all requirements for the principal use, except
where specifically modified by this ordinance, and shall comply with the following limitations:
A. Setback Yard Exceptions.
See subsection 18-2.5.060.B.2.
B. Guesthouse.
A guesthouse may be maintained accessory to a single-family dwelling provided
there are no kitchen cooking facilities in the guesthouse.
C. Greenhouse or Hothouse.
A greenhouse or hothouse may be maintained accessory to a dwelling
in a residential zone.
D. Livestock Structures
. Except as provided for micro-livestock in subsection E below, barns, stables
and other structures shall be located a minimum of 50 feet from any property line, and structures
housing large livestock shall be more than 100 feet from dwellings on adjoining properties.
E. Micro-livestock Enclosure.
An enclosure housing micro-livestock may be maintained in a
residential district, pursuant to section 18-2.3.160 Keeping of Livestock. Enclosures shall be
constructed as follows:
1. The structure shall not be located in a required front yard.
2. The structures shall be setback a minimum of ten feet from abutting properties.
3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a
multifamily complex, structures must also be located at least 20 feet from any dwelling within the
complex.
4. The structures shall not exceed six feet in height.
5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet
per animal, whichever is greater.
6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in
area, or ten square feet per animal, whichever is greater.
City of Ashland 2-57 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
F. Rain Barrels.
Rain barrels may be located within required side or rear yards provided such
installation and operation is consistent with other provisions of this ordinance or the Ashland
Municipal Code, and as follows:
1. Rain barrels shall not exceed six feet in height; and
2. Rain barrels shall be located so that a minimum clear width of three feet is provided and
maintained between the barrel and property line; and
3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform,
designed to support the rain barrel's full weight; and
4. Every attempt shall be made to place rain barrels so that they are screened from view of
adjacent properties and public streets.
18-2.5.050 Affordable Housing Standards
Comment:
The following text is from ordinance subsections 18.24.041 and 18.28.041. This draft incorporates the
requirements of Resolution 2006-13 Affordable Housing without making substantive changes.
A. General Eligibility – Rental and Purchased Housing.
1. All qualifying ownership or rental units required to be affordable through density bonuses,
annexation, zone change, condominium conversion, or other land use approval under this
ordinance shall not be eligible to receive a waiver of the Community Development and
Engineering Services fees associated with the development of said affordable units unless a
waiver is approved by the Ashland City Council.
2. All qualifying ownership or rental units required to be affordable through density bonuses,
annexation, zone change, condominium conversion, or other land use approval under this
ordinance shall be eligible to receive a deferral of the System Development Charges associated
with the development of said affordable units.
3. All qualifying ownership or rental units voluntarily provided as affordable to low income
City of Ashland 2-58 Draft #3 – November 2013
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18-2.5 – Standards for Residential Zones
households, consistent with subsection A.1 and A.2, above, shall be eligible for a System
Development Charge, Engineering Service, and Community Development Fee deferral or
waiver without obtaining approval from the Ashland City Council.
4 Affordable Housing Units covered under this section can only be sold or rented to occupant
households from the same income category as the original purchasers or renters for a period of
not less than 30 years, or as required through the condition of approval for a unit required to be
affordable through a land use approval.
5 System Development Charges, Engineering Services, and Community Development Fees may
be deferred or waived when units are sold or rented to low-income persons. For purposes of this
subsection, "low-income persons" means:
a. With regard to rental housing, persons with an income at or below 60 percent of the area
median income (AMI) as determined by the State Housing Council based on information
from the United States Department of Housing and Urban Development; and
b. With regard to home ownership housing and lease to purchase home ownership housing,
persons with an income at or below 80 percent of the AMI as determined by the State
Housing Council based on information from the United States Department of Housing and
Urban Development.
B. Rental Housing.
Units designated for affordable rental housing in developments which have
qualified for density bonuses, annexation, zone change, condominium conversion, or other land use
approval under this ordinance shall be rented to individuals or households whose annual income is
consistent with the target income identified in the planning approval. Incomes shall be qualified at
the 60 percent or 80 percent median income levels for households in the Medford-Ashland
Metropolitan Statistical Area (MSA). This figure shall be known as the "qualifying household
income" and shall be determined by the City's Department of Community Development in May of
each year from the annual family incomes published by the U.S. Department of Housing and Urban
Development (HUD)for the Medford-Ashland Metropolitan Service Area (MSA).
1. Area Median Income – 80 percent. The rent charged for such affordable rental housing
benefiting households earning 80 percent AMI or greater, including any home-owners
association or maintenance fees, shall not exceed 23 percent of the qualifying monthly income
(qualifying family income divided by twelve) as provided in the following formulas:
Table 18-2.5.070.B - Rent Charges for Affordable Rental Housing
Unit Type Maximum Rent Charges
Studio Apartment 23% of the average of 1 & 2 person qualifying monthly incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly incomes
2 Bedroom 23% of the average of 3, 4, & 5 person qualifying monthly incomes
3 Bedroom 23% of the average of 4, 5, 6, & 7 person qualifying monthly incomes
4 Bedroom 23% of the average of 5, 6, 7, & 8 person qualifying monthly incomes
City of Ashland 2-59 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
a. The City's Department of Community Development shall maintain a table of maximum rent
levels permitted pursuant to the formulas of Table 18-2.5.070.B and shall annually update
the table in May of each year.
. The rent charged for such affordable rental housing
2.Area Median Income – 60 percentorlower
benefiting households earning 60 percent AMI or less, including any home-owners association
or maintenance fees, shall comply with the maximum rents established by the State of Oregon
HOME Program based on the target income qualification as adjusted annually by the
Department of Housing and Urban Development for the Medford-Ashland Metropolitan Service
Area. The HOME program indexed allowable rents are adjusted annually by the State of Oregon
Housing and Community Services Department (OHCS).
3.Owner’ s Obligation. The owner of the affordable rental housing shall sign a 30-year agreement,
or longer depending on the period of affordability established through this ordinance, with the
City that guarantees these rent levels will not be exceeded and that the owner will rent only to
households meeting the income limits. The agreement shall bind subsequent owners who
purchase the rental housing during the established period of affordability. The agreement shall
also require the owner to allow the unit to be rented to HUD Section 8 qualified applicants and
agree to accept rent vouchers for all of the affordable units when applicable. The City shall file
the agreement for recordation in the County Clerk deed records, Jackson County, Oregon.
Certification of qualifying occupants.The owner of record, or the designated agent of the record,
owner, shall annually file with the City a signed certificate stating the occupants of the record
owner’ s rental housing units continue to be qualified households, or are a household that
qualified at its initial occupancy, within the meaning of this Resolution, and any amendment
made to it. The City shall provide the record owner or the record owner’ s agent with access to a
form to complete and sign to comply with this provision.
C. Purchased Houses – Qualifying.
Units designated for affordable housing available for purchase in
developments which have qualified for density bonuses annexation, zone change, condominium
conversion, or other land use approval under this ordinance must satisfy the criteria in subsections
18-2.5.070.C.1 and 18-2.5.070.C.2, below:
1. They shall only be sold to occupant households whose:
a. Annual income is consistent with the target income identified in the planning approval for the
development. Incomes shall be qualified at the applicable 60%, 80%, 100% or 120% median
income levels for households based on number of people per household as adjusted annually
by the Department of Housing and Urban Development for the Medford-Ashland Metropolitan
Service Area.
b. The maximum monthly payment for a covered unit shall be established to not exceed the
affordability limits, established in the paragraph above, and pursuant to the occupancy number
indicated in Table 18-2.5.070.C.
City of Ashland 2-60 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
Table 18-2.5.070.C - Occupancy Basis for Affordable Rental Housing
Unit Type Occupancy
Studio = 1 person household income for the designated income level
1 Bedroom = 2 person household income for the designated income level
2 Bedroom = 4 person household income for the designated income level
3 Bedroom = 6 person household income for the designated income level
4 Bedroom = 7 person household income for the designated income level
Households with a greater or lesser number of occupants shall remain eligible for covered units
but the sale price shall not be adjusted due to household size above the limits established
above.
b. Net assets, excluding pension plans and IRA's and excluding the down payment and closing
costs, do not exceed $20,000 for a household or $130,000 if one household member is 65
years or older.
c. Mortgage payment does not exceed more than 30 percent of the monthly income for the
target income level indicated in subsection C.1(a), above on total housing costs which
includes principal, interest, taxes, insurance, and any homeowners or regular maintenance
fees.
d. The maximum monthly payment for a covered unit shall be calculated by utilizing the interest
rate for the Oregon Bond Loan Rate Advantage as updated by the State of Oregon Housing
and Community Services Department.
2. They shall remain affordable as follows:
a. The purchasers of the affordable housing units shall agree to the City of Ashland Affordable
Housing Resale Restriction Agreement establishing a period of affordability of not less than
30 years. In no event will a purchaser be required to sell the unit subject to the
aforementioned Agreement for less than his or her original purchase price, plus any
applicable closing costs and realtor fees.
b. For housing financed by Farmer’ s Home Administration (FmHA), the affordability shall be
assured by the FmHA’ s recapture provisions FmHA which require sellers to repay FmHA for
all the subsidies accrued during the period the sellers resided in the housing unit.
18-2.5.060 Yard Exceptions
Comment:
This section carries forward 18.68.110 Front Yard – General Exception and 18.68.130 Lot Size –
General Exceptions.
A. Front Yard Exceptions.
1. If there are dwellings or accessory buildings on both abutting lots (even if separated by an alley
or private way) with front or side yards abutting a public street with less than the required
City of Ashland 2-61 Draft #3 – November 2013
Land Use Ordinance
18-2.5 – Standards for Residential Zones
setback for the district, the front yard for the lot need not exceed the average yard of the
abutting structures.
2. If there is a dwelling or accessory building on one abutting lot with a front yard of less than the
required depth for the district, the front yard need not exceed a depth one-half way between the
depth of the abutting lot and the required front yard depth.
3. The front yard may be reduced to ten feet on hillside lots where the terrain has an average
steepness equal to or exceeding a one foot rise or fall in four feet of horizontal distance within
the entire required yard; vertical rise or fall is measured from the natural ground level at the
property. See also section 18-3.9.070.E.
B. Side and Rear Yard Exceptions.
Comment:
Section 1 is new and allows reduced alley setbacks per the Planning Commission discussion of the
comments from the public meetings. The suggestion was made at the Open House meeting in June 2013 to
allow reduced alley setbacks, specifically to allow new structures to be compatible with existing historic
development patterns. In staff’s research and review of other cities’ codes, reduced alley setbacks are common
and tend to range between 4 and 5 feet. For example, Eugene, Corvallis and Portland allow reduced alley
setbacks. In Ashland, the North Mountain Neighborhood zone allows a minimum of 3 feet for side yards for one-
story detached garages and accessory buildings whether on an alley or not, and 4 feet for rear yards for one and
two-story accessory buildings adjacent to an alley.
Section 2 is existing and carried forward from 18.68.140. Edits are made for consistency with section 1 and the
amended building separation standard in Table 18-2.5.030.A.
1. Alley Setbacks. The minimum side or rear yard may be reduced to four feet for garages,
accessory buildings and residential units adjacent to an alley provided the building is not
attached to any other building and is not more than 15 feet in height. A minimum 22-foot back
up dimension shall be provided and maintained for any parking backing into the alley. The
backup dimension is measured from the parking or garage door to the opposite side of the alley.
The reduced side or rear yard provision does not apply to the primary residence.
2. Accessory Buildings. Except for accessory buildings adjacent to an alley, Tthe minimum side or
rear yard may be reduced to three feet for an accessory buildings erected more than 50 feet
from any street, other than alleys, provided the building is not attached to any other buildings, is
separated from other buildings and structures by not less than ten feet, and is not more than 15
feet in height. Any conversion of such accessory structure to an accessory residential unit shall
conform to section 18-2.3.040 Accessory Residential Units.
18-2.5.070 Maximum Permitted Residential Floor Area in Historic District
Comment:
The following carries forward and consolidates repetitive text from 18.20, 18.24 and 18.28. Code
users are referred to this section when they read the residential development standards in Table 2.5.030.A.
A. Purpose.
Section 18-2.5.080 regulates floor area of dwellings to promote compatible building
volume and scale in the Historic District.
City of Ashland 2-62 Draft #3 – November 2013
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18-2.5 – Standards for Residential Zones
B. Applicability.
Within the Historic District Overlay, new structures and additions shall conform to the
maximum permitted floor area standards of this section, except as provided by 18-2.5.080.C.
C. Increases in Allowable MPFA.
A Conditional Use Permit under chapter 18-5.4 is required to
exceed the MPFA standards of subsections 18-2.5.080.F-G. In addition to the approval criteria for a
Conditional Use Permit, the criteria for Historic District Design Standards approval must be met. In
no case shall the permitted floor area exceed 25 percent of the MPFA.
D. Maximum Permitted Floor Area.
For purposes of this section, maximum permitted floor area
(MPFA) means the gross floor area of the primary dwelling, including but not limited to potential
living spaces within the structure with at least seven feet of head room and attached garages,
except as provided by subsection 18-2.5.080.E, below.
E. Exceptions.
Basements, detached garages, detached accessory structures and detached
accessory residential units are not counted in the gross floor area for the MPFA calculation if
separated from the primary dwelling by six feet or more. Similarly, unenclosed breezeways and
similar open structures connecting an exempt detached structure to the primary dwelling are not
counted in the MPFA calculation.
F. Calculation and Standards.
Except as modified by subsection 18-2.5.080.G for multiple dwellings
on a lot and residential subdivisions proposed under the performance standards option, the
following formula shall be used to calculate the MPFA for single family dwellings, provided however,
that regardless of lot size, the MPFA shall not exceed 3,249 square feet:
Lot area x Adj. Factor \[from Table 18-2.5.080(E)\] = Adjusted lot area x 0.38 FAR = MPFA
Table 18-2.5.080.E: Adjustment Facto Table
r
Lot Adj.Lot Adj.Lot Adj.Lot Adj.
Area Factor Area Factor Area Factor Area Factor
0 – 2500 1.20 6501 - 7000 0.88 11001 – 11500 0.66 15501 - 16000 0.55
2501 – 3000 1.16 7001 - 7500 0.85 11501 – 12000 0.64 16001 - 16500 0.54
3001 – 3500 1.12 7501 - 8000 0.82 12001 – 12500 0.62 16501 - 17000 0.53
3501 – 4000 1.08 8001 - 8500 0.79 12501 – 13000 0.61 17001 - 17500 0.52
4001 – 4500 1.04 8501 - 9000 0.77 13001 – 13500 0.60 17501 - 18000 0.51
4501 – 5000 1.00 9001 - 9500 0.75 13501 – 14000 0.59 18001 - 18500 0.50
5001 – 5500 0.97 9501 - 10000 0.73 14001 – 14500 0.58 18501 - 19000 0.49
5501 – 6000 0.94 10001 - 10500 0.71 14501 – 15000 0.57 19001 - 19500 0.48
6001 – 6500 0.91 10501 - 11000 0.68 15001 – 15500 0.56 19500 and 0.47
greater
G. Multiple Dwellings and Residential Performance Standards Option.
Where multiple dwellings
are proposed on a single lot, or where a residential subdivision is proposed under the Performance
Standards Option of chapter 18-3.8, the MPFA shall be determined using the following formula:
Lot area x Adj. Factor \[from Table 18-2.5.080(E)\] = Adjusted lot area x Graduated FAR \[from
Table 18-2.5.080(F)\] = MPFA
City of Ashland 2-63 Draft #3 – November 2013
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18-2.5 – Standards for Residential Zones
Table 18-2.5.080.F: Graduated FAR Table
# units FAR# units FAR# units FAR
1 .38 5 .46 9 .54
2 .40 6 .48 10 .56
3 .42 7 .50 11 .58
4 .44 8 .52 >11 .60
18-2.5.080 Residential Density Calculation in R-2 and R-3 Zones
Comment:
This section carries forward and consolidates the density standards in subsections 18.24.040.A and
18.28.040.A.
A. Density Standard.
Except density gained through bonus points under section 18-2.5.080 or
chapter 18-3.8 Performance Standards Option, development density in the R-2 and R-3 zones shall
not exceed the densities established by this section.
Comment:
The existing ordinance contains minimum lot sizes for 1, 2 and 3 units in the R-2 and R-3 zones. As a
result, that qualification is added to subsection 1. In addition, the language regarding accessory units in section 2
has caused confusion in the past, and was deleted. Staff believes the existing language in section 3 addresses
the same issue.
B. Density Calculation.
1. Except as specified in the minimum lot area dimensions below, tThe density in R-2 an R-3
zones shall be computed by dividing the total number of dwelling units by the acreage of the
project, including land dedicated to the public, and subject to the exceptions below. Fractional
portions of the answer shall not apply towards the total density.
2. Units not considered as an accessory residential unit and less than 500 square feet of gross
habitable area shall count as 0.75 units for the purposes of density calculations.
3. Accessory residential units are not required to meet the density or minimum lot area
requirements of this section. See section 18-2.3.040 for accessory residential unit standards.
C.Minimum Density.
1. The minimum density shall be 80 percent of the calculated base density.
2. Exceptions to minimum density standards. The following lots are totally or partially exempt from
minimum density standards.
a. Lots less than 10,000 sq. ft. in existence prior to the effective date of this ordinance.
b. Lots located within any Historic District designated within the Ashland Municipal Code.
c. Lots with existing, or proposed, conditional uses may be exempt for that portion of the
property that is subject to the conditional use for calculations of the minimum base density
standard.
d. Where a lot is occupied by a single-family residence January 9, 2005 (ORD 2914), the
single-family residence may be enlarged or reconstructed without being subject to the
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18-2.5 – Standards for Residential Zones
minimum base density standard.
e. In the event that a fire or natural hazard destroys a single-family residence, such residence
may be replaced without being subject to the minimum base density standard.
f. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the lot
an exception to minimum density requirements may be obtained to better meet the
standards of chapter 18-3.9 Physical and Environmental Constraints.
g. A lot that is nonconforming in minimum density may not move further out of conformance
with the minimum density standard. However, units may be added to the lot which bring the
lot closer to conformance without coming all the way into conformance provided it is
demonstrated that the minimum density will not be precluded.
Comment:
The existing ordinance contains minimum lot sizes for 1, 2 and 3 units. The existing wording in this
section is confusing and has been edited for clarity.
5,000 square foot lots
: Before the 2008 code amendments, the ordinance read “minimum lot area for one unit
shall be 5,000 square feet.” In 2008, “one” was changed to “less than two” units to address the accessory
residential unit provision that was added at the same time. However, this language has resulted in confusion to
applicants and staff. As a result, an amendment is suggested which changes the number of units back to one and
provides an exception for accessory residential units.
D.Base Densities and Minimum Lot Dimensions.
1. R-2 Zone. Base density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to
meet the following standards:
a. Minimum lot area for less thantwo one units shall be 5,000 square feet, except as allowed
in section 18-2.3.040 for accessory residential units.
b. Minimum lot area for two units shall be 7,000 square feet.
c. Developments of Minimum lot area for three units or greater shall have minimum lot area in
excess of be 9,000 square feet, except that as determined by the base density and
allowable bonus point calculations the residential density bonus in subsection F may be
used to increase density of lots greater than 8,000 square feet up to three units.
d. For more than three units, the base density shall be 13.5 dwelling units per acre. The
permitted base density shall be increased by the percentage gained through the residential
density bonus is subsection F.
2. R-3 Zone. Base density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the
meet the following standards:
a. Minimum lot area for less thantwoone units shall be 5,000 square feet, except as allowed
in section 18-2.3.040 for accessory residential units.
b. Minimum lot area for two units shall be 6,500 square feet.
c. Developments ofMinimum lot area for three units or greater shall be have minimum lot area
in excess of be 8000 square feet. except as determined by the base density and allowable
bonus point calculations.
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18-2.5 – Standards for Residential Zones
d. For more than three units, the base density shall be 20 dwelling units per acre. The
permitted base density shall be increased by the percentage gained through the residential
density bonus is subsection F.
E. Exceptions.
An accessory residential unit is not required to meet density or minimum lot area
requirements per section 18-2.3.040.
Comment:
This section carries forward and consolidates the density bonus provisions currently contained in the
R-2 and R-3 zones, per subsections 18.24.040.B and 18.28.040.B. The maximum bonus is amended from 40% to
60% to match chapter 18-3.8 Performance Standards Option.
F. Residential Density Bonus.
1. Density Bonus Points Authorized. Except as allowed under chapter 18-3.8 Performance
Standards Option, the permitted base density shall be increased only pursuant to this section.
2. Maximum Bonus Points. The maximum bonus permitted shall be 60 percent.
3. Bonus Point Criteria. The following bonuses shall be awarded:
a. Conservation housing, maximum 15 percent bonus. One hundred percent of the homes or
residential units approved for development, after bonus point calculations, shall meet the
minimum requirements for certification as an Earth Advantage home, as approved by the
Ashland Conservation Division under the City’ s Earth Advantage program as adopted by
resolution 2006-6.
b. Provision of outdoor recreation space above minimum requirement established by this
ordinance, maximum 10 percent bonus. The purpose of the density bonus for outdoor
recreational space is to permit areas that could otherwise 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. One percent
increased density bonus for each percent of the project dedicated to outdoor recreation
space beyond the minimum requirement of this ordinance.
c. Provision of major recreational facilities, maximum 10 percent bonus. Density bonus points
shall be awarded for the provision of major recreational facilities, such as tennis courts,
swimming pools, playgrounds, or similar facilities. For each one percent of the total project
cost devoted to recreational facilities, a six percent density bonus shall be awarded to a
maximum of ten percent. 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 using current costs of recreational facilities shall estimate the cost of the
recreational facility for City review and approval.
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
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. Also, the
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18-2.5 – Standards for Residential Zones
maximum bonus is increased from 25 to 35 percent for consistency with chapter 18-3.8 Performance Standards
Option.
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 are in section 18-2.3.090.
The affordable housing and cottage housing provisions are identical to those in chapter 18-3.8 Performance
Standards Option.
d. Affordable housing, maximum 35 percent bonus. 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 in accord with the standards of section
18-2.5.070.
e. Cottage Housing. In the R-1 zone, developments meeting the standards of section 18-
2.3.090 Cottage Housing shall receive a density bonus of two cottage housing units for each
single-family home allowed by the base density of the district. The maximum cottage
housing density bonus is established by the standards in section 18-2.3.090 and is exempt
from the maximum bonus in section 18-2.5.080.F.
18-2.5.090 Standards for Single-Family Dwellings
Comment:
This section carries forward and consolidates standards for single-family dwellings, which repeats in
the R-1, R-2 and R-3 zones. R-1-3.5 was added to the list of zones where the standards are applicable – staff
believes it was likely an oversight originally.
A. The following standards apply to new single-family dwellings constructed in the R-1, R-1-3.5, R-2,
and R-3 zones; the standards do not apply to dwellings in the R-1-3.5, WR or RR zones.
B. Single-family dwellings subject to this section shall utilize at least two of the following design
features to provide visual relief along the front of the residence:
1. Dormers
2. Gables
3. Recessed entries
4. Covered porch entries
5. Cupolas
6. Pillars or posts
7. Bay window (min. 12" projection)
8. Eaves (min. 6" projection)
9. Off-sets in building face or roof (min. 16")
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18-2.6 – Standards for Non-Residential Zones
Chapter 18-2.6 Standards for Non-Residential Zones
18-2.6.010 Purpose
18-2.6.020 Applicability
18-2.6.030 Unified Standards for Non-Residential Zones
Comments:
This chapter consolidates the C-1, C-1-D, E-1 and M-1 base zone regulations, per chapters 18.32,
18.40, and 18.52, in order to make the code easier to use and to avoid internal conflicts. Standards for special
districts (CM, HC, NM and SOU) and the city’s overlay zones are contained in Part 18-3.
18-2.6.010 Purpose
Chapter 18-2.6 sets forth lot and development standards, including minimum dimensions, area, density,
coverage, structure height, and other provisions that control the intensity, scale, and location of
development, for Ashland’s base employment zones, pursuant to the City of AshlandComprehensive
Plan and the purposes of this ordinance.
18-2.6.020 Applicability
The standards contained in this chapter apply to all uses and development in the city’s employment
zones. Property owners are responsible for verifying whether a proposed use or development meets
the applicable standards of this ordinance, and for obtaining Zoning Permits.
18-2.6.030 Unified Standards for Non-Residential Zones
Comments:
The following carries forward and consolidates the existing quantitative standards (dimensions and
surface areas) from the C-1, C-1-D, E-1 and M-1 zones, and the applicable landscape area regulations of
18.72.110.
The following revisions are per the Planning Commission’s input on the Policy Issues and Recommendations from
the 2006 Land Use Ordinance Review.
Maximum Building Height in Commercial Zones
: Currently, height is limited to 40 feet, except where a
conditional use permit is approved for a height of 40 to 55 feet in the C-1-D zone. The proposed revision
allows buildings up to 55 feet in height in the C-1 and C-1-D zones if the building is located more than 100
feet from a residential zone.
Exemption from Solar Setbacks in C-1 Zone
: Currently, 18.32.050 exempts buildings in the C-1-D and CM
zones. The proposed revision is to exempt buildings in the C-1 zone from solar setbacks if the building is
more than 100 feet from a residential zone.
C-1 and E-1 Side and Rear Yard Setbacks to Residential Zones
: Currently: 1) in the C-1 zone, 10 feet is
required for side yards and 10 feet per story is required for rear yards, where abutting a residential zone, and
2) in the E-1 zone, 10 feet per story for side and rear yards is required where abutting a residential zone. The
proposed amendment is in the C-1 and E-1 zones, 5 feet per story for side and rear yards where abutting a
residential zone.
Staff recommends deleting the 20-foot front yard requirement for the M-1 (industrial) zone for consistency with the
commercial and employment zones. The required 20-foot buffer between new development in the M-1 zone and
residential zones remains in place. In addition, the Site Review standards require a 10-foot wide landscape area
between buildings and the street, and outdoor storage and loading facilities to be screened and buffered when
adjacent to streets and residential zones.
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18-2.6 – Standards for Non-Residential Zones
9
Table 18-2.6.030 – Standards for Non-Residential Zones
(Except as modified under chapter 18-5.7 Adjustments and Variances or chapter 18-3.8 Performance Standards Option.)
Standard C-1 C-1-D E-1M-1
Residential Density (dwelling 30 du/ac 60 du/ac 15 du/ac NA
units/acre)
*where allowed per 18-2.3.120; or, within E-1 zone, per R-Overlay.
Lot Area, Width, Depth There is no minimum lot area, width or depth, or maximum lot coverage; or minimum
front, side or rear yard, except as required to comply with the overlay zone provisions of
Lot Coverage
Part 18-3, the site development and design standards of Part 18-4, or the conditional
use approval, pursuant to chapter 18-5.4.
There is no minimum front, side or rear yard required, except
where buildings on the subject site abut an R zone, in which
case a side and rear yard of not less than 5 ft per story is
was 10 ft
required.
The minimum front
yard is 20 ft.
Except for properties buildings abutting within 100 feet of a R
There is no
zone, the solar setback standards of chapter 18-4.10 do not
Setback Yards (feet)
minimum front, side
apply to structures in the C-1 zone.
or rear yard, except
20 ft where
The solar setback standards of chapter 18-4.10 do not apply to
adjoining an R zone.
structures in the C-1-D zone.
See also 18-2.4.030 Arterial Street Setback and 18-2.4.040
General Exceptions – Front and Side Yards.
40 ft, except structures greater than 40 ft and less than 55 ft are 40 ft
permitted in C-1 and C-1-D zone where located more than 100
was 40 ft
feet from a R zone.
Building Height – Maximum
(feet)
Structures greater than 40 ft and less than 55 ft are allowed in
the 100 foot buffer area, with approval of a Conditional Use
Permit in the C-1-D zone.
Landscape Area – Minimum (% None, except
of developed lot area) parking areas and
service stations
shall meet the
standards of
15% 15% 10%
chapter 18-4.4
Parking and
Loading, and 18-
4.5 Landscaping
and Screening.
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