HomeMy WebLinkAbout2021-04-27 Planning PACKET
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
April 27, 2021
AGENDA
I. CALL TO ORDER:
7:00 PM
II. ANNOUNCEMENTS
III. PUBLIC FORUM
IV.DISCUSSION ITEMS
A. Code Amendment Options for State of Oregon Middle Housing (Duplex) Requirements
V. OTHER BUSINESS
VI.ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104
ADA Title 1).
Memo
DATE: April 27, 2021
TO: Ashland Planning Commission
FROM: Maria Harris, Planning Manager
RE: Draft code amendments to meet state requirements for duplexes and accessory
residential units
Summary
This is a discussion item about the proposed land use code amendments to meet new state law and
administrative rules regarding duplexes and accessory residential units (ARUs). The draft code
amendments are scheduled for a public hearing at the Planning Commission on May 11, 2021 and must
be adopted by June 30, 2021 to meet the requirements of House Bill (HB) 2001.
The draft code amendments are attached and the past meeting and reference materials are available on
the project web page at www.ashland.or.us/duplexcode.
In addition, the Planning Commission is being asked to initiate a Planning Application for a legislative
action to amend chapters of the Ashland Land Use Ordinance to update the allowances and development
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standards for duplexes and ARUs as required by HB 2001 from the 80 Oregon Legislative Assembly,
2019 Regular Session.
Background
In the 2019 legislative session, the Oregon State Legislature passed HB 2001
cities such as Ashland to amend local zoning codes to allow duplexes on residentially zoned lots that
allow the development of detached single-family homes. A medium city is defined as with a population
between 10,000 and 25,000 and outside the Portland Metro boundary. The 2020 population estimate for
Ashland from Portland State University is 21,105.
HB 2001 also includes a provision that prohibits jurisdictions from requiring off-street parking and
owner-occupancy requirements for ARUs.
HB 2001 requires medium cities to develop and adopt standards in compliance with the state
requirements by June 30, 2021.
HB 2001 became effective on August 8, 2019. A year later, the Land Conservation and Development
Commission (LCDC) adopted Chapter 660 Division 46 Middle Housing in Medium and Large Cities.
The administrative rules became effective on August 7, 2020 and outline requirements for medium cities
for the land use review process and development standards for duplexes.
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HB 2001 says that cities may regulate the siting and design of duplexes as long as the regulations do not,
individually or cumulatively, deter the development of duplexes through unreasonable cost and delay.
The administrative rules clarify that siting and design standards that create unreasonable cost and delay
include any standards applied to duplex development that are more restrictive than those applicable to
detached single-family dwellings in the same zone.
In Ashland, detached single-family homes are a permitted use and in most cases simply require a
building permit. The exceptions are planning approvals required for exceeding the maximum permitted
house size (MPFA) in the historic districts, exceptions for the solar setback, variances to dimensional,
parking and access requirements, tree removal permits, and permits for construction in natural hazard
and resource areas such as hillside lands (25 percent slope and greater), floodplains, riparian areas and
wetlands.
Summary of Draft Code Amendments
The primary changes included in the draft code amendments are described below. Additional notes are
included in the draft code amendments to provide background on various amendments that are not
covered below.
Section 2: AMC 18.2.2.030 Allowed Uses (page 5 of 73)
Duplexes become permitted with
special use standards in 18.2.3.110 in all of the residential zones. As a result, a second unit is
permitted on any residentially zoned lot where a detached single-family residence is allowed, as
required by state law. The process for constructing a duplex or converting an existing structure to
a duplex is by obtaining a building permit.
Section 3: AMC 18.2.2.040 Accessory Residential Unit (page 13 of 73)
ARUs are no longer
required to obtain a separate planning application and approval, and instead can be constructed
by obtaining a building permit.
recommendation so that there is the same process for any development that allows two units on
one lot see discussion below.
Section 5: AMC 18.2.3.110 Duplex (page 20 of 73)
The duplex standards are revised to
address the requirements in state law and administrative rules.
Section 17: AMC 18.4.3.040 Parking Ratios (page 48 of 73)
The parking requirements are
amended to delete the parking requirements for ARUs and to add a parking requirement of two
spaces for a duplex. State law prohibits local jurisdictions from requiring the installation of
parking spaces on a property that adds an ARU, and specifies that the maximum that can be
required for a duplex is two parking spaces per lot.
Section 23: AMC 18.6.1.030 Definitions (page 71 of 73)
The definition of a duplex is revised
to two units on one lot in any configuration, in either attached or detached structures. The
definition of ARU is differentiated from duplex by reference to the size limitations.
The proposed definition of a duplex in the draft code amendments is from the State of Oregon Model
two units on one lot in any configuration including either in
Code for Medium Cities
attached or detached structures.
attached dwelling units on one lot, or as two units on a lot in any configuration (i.e., attached and
detached structures).
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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If Ashland were to use the narrower definition of a duplex, which is two attached units on one lot, the
code in the current form would require a planning application (i.e., Site Design Review) and approval
for a detached second unit. However, by state law, the City cannot require a separate planning
application and approval process for a duplex but instead must allow the construction of a duplex by
obtaining a building permit alone because this is the comparable process for a detached single-family
home in Ashland.
The result of limiting the definition of a duplex to two attached units would be that two attached units on
one lot would in most cases be allowed by obtaining a building permit. In contrast, two detached units
on one lot would require first a planning application and approval, and then if the project was approved,
a building permit for construction of the second detached unit.
Staff believes the flexibility to define a duplex as two units on one lot in any configuration (i.e., attached
or detached structures) has several advantages that are described below. As a result, staff recommends
using the more flexible definition of a duplex.
Creates equity in the approval process by having one process, timeline and permit costs that
address all permits for two units on a lot whether there is one building or two buildings on the
property. A planning application and approval adds time and application costs for the property
owner. In addition, the required public noticing process for a planning application and the
possibility of a public hearing request by a neighbor will deter some property owners from
pursuing detached units. A planning application process can also create neighborhood
s for clear and objective standards for needed
housing.
Provides more design flexibility to tailor the unit configuration to best suit an individual
property. Common design issues are tree preservation, creating or preserving yard space, and
physical constraints such as steep slopes and riparian areas. If a planning approval process is
retained for detached units but not for attached units, it may create a disincentive and discourage
a better design using a detached structure. Different processes may also result in unusual
attached designs to avoid the added planning process and additional fees.
Removes barriers to housing production of rental units and therefore, addresses adopted housing
policy and housing needs analysis to address low vacancy rates, variety of housing types and
housing costs.
Enhances customer service and efficiency in administration of the land use code. One approval
process for two units on one lot whether there is one building or two buildings will require less
staff time than having to explain two different processes, timelines and related fees.
Staff is recommending that ARUs also do not require a separate planning application for the same
reasons described above. Currently, ARUs that are under 500 square feet in size and are attached to the
single-family residence are permitted with a building permit. However, ARUs over 500 square feet in
size, ARUs located in a detached structure or ARUs in the historic districts are required to obtain a
planning approval for Site Design Review before moving to the building permit stage of the project.
ORS 197.312(5) requires cities with populations over 2,500 to allow the development of at least one
ARU for each detached single-family dwelling in areas that are zoned for detached single-family
and administrative rules for duplexes specify that the approval process and development standards for
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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duplexes can be no more restrictive than those used for a single-fmaily dwelling, there are no such
requirements in state law or administrative rules for processing ARUs at the local level, outside of the
prohibition on parking and occupancy requirements. As a resu
continues to allow a planning application process for ARUs.
Terminology and Standards for Two Units
At the February 23, 2021 study session, the Planning Commission asked staff to contact the Oregon
Department of Land Conservation and Development (DLCD) regarding whether the proposed
amendments must include ARUs as a dwelling type with separate standards. The first draft of the duplex
code amendments used an approach where all configurations of two units on one lot were considered a
duplex, with ARUs being absorbed as a type of duplex.
DLCD staff indicated that the approach in the first draft did seem to work and that ARUs do not need to
be retained as a separate dwelling type or use as long as an option for adding a smaller second unit that
does not require off-street parking is retained. DLCD suggested incorporating language in the code
indicating that the smaller second units that would be permitted without off-street parking are intended
to comply with ORS 197.312. As described above, ORS 197.312 is the section of state law that requires
cities with a population of 2,500 and greater to allow one accessory dwelling unit for each detached
single-family dwelling, and prohibits the local jurisdiction from requiring the construction of off-street
parking in conjunction with the installation of an accessory dwelling unit.
Despite the support of DLCD staff for the approach used in the initial draft, the attached draft is
modified to retain ARUs as a separate use with separate development standards. In the interest of time,
staff felt it was necessary to continue working on a draft that the Planning Commission would be willing
to consider for the public hearing. In addition, staff believes the community is accustomed to the concept
of an ARU and for that reason, it may be equally confusing if the ARU use is removed from the code.
Ultimately, the state law does not adequately address the overlap between the requirements for ARUs
and duplexes, especially in that identical developments of two units could be considered an ARU or a
duplex.
document on April 12, 2021 that includes the following regarding duplexes versus ARUs. This is similar
to the information in the states Model Code for Medium Cities which was cited at the February 23,
2021 Planning Commission meeting.
y or developer get
to define those units?
A: Division 46 provides a simple set of definitions for jurisdictions that establish the minimum
necessary definitional characteristics (i.e. number of units on lot). The Division 46 definitions
also give an additional set of options for cities to define these housing types differently. For
example, the Division 46 definition of a duplex is that the units are attached. The rules also
allow a city to define a duplex as either attached or detached. ADU allowances may create
scenarios where there is little parity between that and a duplex. In a scenario where a property
owner is proposing a development that can meet both the definition of a duplex and the definition
of an ADU, DLCD recommends that the city allow the property owner to declare which property
type it should be reviewed as.
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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Initiating a Legislative Amendment
The Planning Commission is being asked to initiate a Type III Planning Application to amend chapters
of the Ashland Land Use Ordinance to update the allowances and development standards for duplexes
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and ARUs as required by House Bill 2001 from the 80 Oregon Legislative Assembly, 2019 Regular
Session. This will allow staff to begin the formal public hearing process for a Type III legislative
amendment.
The Ashland Municipal Code (AMC) allows the Commission to initiate a Type III legislative action by
motion (see code excerpts below).
18.5.1.100 City Council or Planning Commission May Initiate Procedures
The City Council or Planning Commission may initiate any Ministerial, Type I, Type II, or Type III
planning action by motion duly adopted by the respective body designating the appropriate City
department to complete and file the application.
18.5.1.070 Type III (Legislative Decision)
Type III actions are reviewed by the Planning Commission, which makes a recommendation to
City Council. The Council makes final decisions on legislative proposals through enactment of
an ordinance.
A. Initiation of Requests.
The City Council, Planning Commission, or any property owner or
resident of the city may initiate an application for a legislative decision under this ordinance.
Legislative requests are not subject to the 120-day review period under subsection
18.5.1.090.B (ORS 227.178).
Next Steps
The tentative schedule includes: 1) a roundtable meeting on April 21, 2021 with the local design
professionals, contractors, developers and affordable housing providers to review the draft amendments,
2) advisory commission meetings in April and May 2021, and 3) a public hearing and recommendation
at the Planning Commission on May 11, 2021.
HB 2001 requires medium cities such as Ashland to develop and adopt standards in compliance with the
state requirements by June 30, 2021. The duplex code amendments are scheduled for a study session at
the City Council on May 17, 2021, a public hearing and first reading at the City Council on June 1,
2021, and second reading on June 15, 2021.
Attachments
Draft Code Amendments for Duplexes and ARUs
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ORDINANCE NO.
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AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 18.3.4,
18.3.5, 18.3.9, 18.3.12, 18.4.2, 18.4.3, 18.5.2, 18.5.7, AND18.6.1 OF THE
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ASHLAND LAND USE ORDINANCE TO AMEND THE ALLOWANCES
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AND DEVELOPMENT STANDARDS FOR DUPLEXES AND ACCESSORY
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RESIDENTIAL UNITS AS REQUIREDBY HOUSE BILL 2001 FROM THE
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th
80 OREGON LEGISLATIVEASSEMBLY, 2019 REGULAR
LEGISLATIVE SESSION
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Annotated to show deletions and additions to the Ashland Municipal Code sections being
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bold lined throughbold underlined.
modified. Deletions are , and additions are
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WHEREAS,
Article 2. Section 1 of the Ashland City Charter provides:
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Powers of the City The City shall have all powers which the constitutions, statutes, and common
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law of the United States and of this State expressly or impliedly grant or allow municipalities, as
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fully as though this Charter specifically enumerated each of those powers, as well as all powers
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not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
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specifically granted. All the authority thereof shall have perpetual succession.
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WHEREAS,
the above referenced grant of power has been interpreted as affording all
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legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
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20 Or. App. 293;
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531 P 2d 730, 734 (1975); and
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WHEREAS,
House Bill (HB) 2001 ; creating new provisions; amending
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ORS197.296, 197.303, 197.312 and 455.610 and section 1, chapter 47, Oregon Laws 2018; and
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was passed at the 80th Oregon Legislative Assembly, 2019 Regular
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Session, and became effective on August 8, 2019
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local land use codes to allow duplexes on residentially zoned lots that allow the development of
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detached single-family homes. A medium city is defined as with a population of between 10,000
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and 25,000, and the 2020 population estimate for Ashland from Portland State University is
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21,105. HB 2001 allows cities to regulate the siting and design of duplexes as long as the
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ORDINANCE NO. # Page of
1 regulations do not, individually or cumulatively, deter the development of duplexes through
2 unreasonable cost and delay.
3
WHEREAS, t
4 he Land Conservation and Development Commission (LCDC) adopted Chapter
5 660 Division 46 Middle Housing in Medium and Large Cities in July 2020 and the
6 administrative rules because effective on August 7, 2020. The administrative rules provide
7standards for medium cities for the implementation of the middle housing requirements of HB
8 2001. The administrative rules clarify that siting and design standards that create unreasonable
9 cost and delay include any standards applied to duplex development that are more restrictive than
10 those that are applied to detached single-family dwellings in the same zone.
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WHEREAS
12 , the City of Ashland Planning Commission considered the above-referenced
13 recommended amendments to the Ashland Land Use Ordinance at a duly advertised public
14 hearings on May 11, 2021, and following deliberations, recommended approval of the
15 amendments by a vote of (#-#); and
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WHEREAS
17 , the City Council of the City of Ashland conducted a duly advertised public hearing
18 on the above-referenced amendments on June 1, 2021; and
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WHEREAS
20 , the City Council of the City of Ashland, following the close of the public hearing
21 and record, deliberated and conducted first and second readings approving adoption of the
22 Ordinance in accordance with Article 10 of the Ashland City Charter; and
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WHEREAS
24 , the City Council of the City of Ashland has determined that in order to meet the
25 requirements of state law and protect and benefit the health, safety and welfare of existing and
26 future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in the
27 manner proposed, that an adequate factual base exists for the amendments, the amendments are
28 consistent with the Ashland Comprehensive Plan and that such amendments are fully supported
29 by the record of this proceeding.
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ORDINANCE NO. # Page of
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
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SECTION 1.
3 Ashland Municipal Code Title 18 Land Use is hereby amended as follows.
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SECTION 2.
5 Section 18.2.2.030 \[Allowed Uses Base Zones and Allowed Uses\]ofthe
Ashland Land Use Ordinance is herebyamended to read as follows:
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18.2.2.030 Allowed Uses
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A.Uses Allowed in Base Zones.Allowed uses include those that are permitted, permitted
subject to special use standards, and allowed subject to approval of a conditional use
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permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not
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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.
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B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as
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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
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overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020.
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C. Conditional Uses.
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subject to the requirements of chapter 18.5.4.
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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 are prohibited. Prohibited uses
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are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090,
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and 18-1.6.100.
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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
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may also provide for exceptions to some standards of the underlying zone. For uses allowed
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overlays zones, refer to part 18.3.
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F. Accessory Uses.
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accessory uses. For information on other uses that are customarily allowed as accessory,
25 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
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another, in the same structure or on the same site, provided all applicable development
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standards and building code requirements are met.
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H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4;
except as follows:
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1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term
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temporary uses occurring 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
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ORDINANCE NO. # Page of
occur on public property (e.g., street right-of-way, parks, sidewalks, or other public
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grounds) require a Special Event Permit pursuant to AMC 13.03.
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2. Garage Sales. Garage sales shall have a duration of not more than two days and shall
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not occur more than twice within any 365-day period. Such activity shall not be
accompanied by any off-premises advertisement. For the purpose of this ordinance,
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garage sales meeting the requirements of this subsection shall not be considered a
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commercial activity.
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3. 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
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granting of a permit by the Building Official. Such occupancy may only be allowed in
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conjunction with construction 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
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Advisor.
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I. Disclaimer. Property owners are responsible for verifying whether a proposed use or
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development meets the applicable standards of this ordinance.
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473
ORDINANCE NO. # Page of
1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
1
A. Agricultural Uses
Agriculture, except Keeping of Bees,
4
Animal sales, feed yards, keeping of
Livestock and Micro-Livestock, Homegrown
P P P P PP N N N swine, commercial compost, or similar
Marijuana Cultivation, and Marijuana
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uses not allowed
Production
Sec. 18.2.3.160
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Keeping of Bees S S S S SS N N N
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Keeping of LivestockS N N N SS N N N
Keeping of Micro-Livestock S S S S SS N N N
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Sec. 18.2.3.190
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Marijuana Cultivation, Homegrown S S S S SS S S S
See General Industrial, Marijuana
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Production
B. Residential Uses
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See Single-FamilySingle-family
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standards in Sec. 18.2.5.090
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Sec. 18.2.3.130 for dwellings in C-1
Single-Family Single-family Dwelling P P P P PP S S N zone and E-1 zone
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Dwellings and additions in Historic
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District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
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P or P or P or N Sec. 18.2.3.040 and Sec.
Accessory Residential Unit S S N N N
S S SS 18.5.2.020.C.2
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Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cottage Housing
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Sec. 18.2.3.110 Duplex Dwelling and
Sec. 18.5.2.020.C.2
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Sec. 18.2.3.130 for dwellings in C-1
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DuplexDwelling S PS PS PS NS NS S S N
zone and E-1 zone
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Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
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KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
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ORDINANCE NO. #Page 5of 73
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1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
and 18.2.5.070
Sec. 18.2.3.170 and not allowed in
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Manufactured Home on Individual Lot S S S S N N N N N
Historic District Overlay
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B. Residential Uses
5
(continued)
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CU+
Manufactured Housing Development N S N N N N N N Sec. 18.2.3.180
S
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Sec. 18.2.3.130 for C-1 zone and E-1
zone
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Dwellings in Transit Triangle (TT)
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Multifamily Dwelling N P P P N N S S N
overlay, see chapter 18.3.14
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Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
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and 18.2.5.070
Rental Dwelling Unit Conversion to For-
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N N S S N N N N N Sec. 18.2.3.200
Purchase Housing
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Home OccupationSSSSSSSSNSec. 18.2.3.150
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C. Group Living
See chapter 18.3.3 Health Care
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Nursing Homes, Convalescent HomesCUCUCUCUCUCUNNN
Services
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Residential Care Home P P P P PP N N N Subject to State licensing requirements
Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements
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Room and Boarding FacilityNPPPNNNNN
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D. Public and Institutional Uses
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Airport See chapter 18.3.7 Airport Overlay
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Cemetery, Mausoleum, ColumbariumN N N N CU N N N N
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Family Child Care Home exempt from
Child Care Facility CU CU CU CU CU CU P P P
planning application procedure pursuant
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KEY: P= Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
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ORDINANCE NO. #Page 6of 73
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Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
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to ORS 329A.440, see part 18.6for
definition
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Subject to State licensing requirements
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D. Public and Institutional Uses
3
(continued)
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Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU
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Electrical Substation N N N N N N CU CU P
See chapter 18.3.3 Health Care
8 Hospitals CU CU CU CU CU N N N N
Services
Governmental Offices and Emergency
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Services (e.g., Police, Fire); excluding CU CU N N CU CU P P P
Outdoor Storage
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Mortuary, Crematorium N N N N CU N P P P
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Park, Open Space, and Recreational
Facility, including playgrounds, trails, nature
P P P P PP N N N
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preserves, athletic fields, courts, swim pools,
and similar uses
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Public Parking Facility N N N N N N P N N
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Not allowed within 200 ft of a
Recycling Depot N N N N N N N P P
residential zone
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Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU
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School, Private (Kindergarten and up) CU CU CU CU CU CU N N N
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School, Public (Kindergarten and up)PPPPPCUNNN
School, Private College/Trade/Technical
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N N N N N N N CU P
School
Includes public service building,
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yard, and structures such as public
Utility and Service Building, Yard and
works yards
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Structure, Public and Quasi-Public, CU CU N N CU CU P P P
excluding electrical substations
Yards not allowed in the RR, WR,
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and C-1 zone
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KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
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ORDINANCE NO. #Page 7of 73
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1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
P or P or P or
Wireless Communication Facility CU CU CU CUCUCUSec.18.4.10
CUCU CU
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E. Commercial Uses
5
Amusement/Entertainment, includes theater,
concert hall, bowling alley, miniature golf, NNNNNNPCUP
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arcade; excluding drive-up uses
7 Sec. 18.2.3.050
In C-1 zone, fuel sales and service is a
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permitted use provided within the
Automotive and Truck Repair, or Service;
Freeway Overlay, see chapter 18.3.8;
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includes fueling station, car wash, tire sales
S or S or conditional use in locations outside of
and repair/replacement, painting, and other N N N N N N P
CU CU Freeway Overlay
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repair for automobiles, motorcycles, aircraft,
boats, RVs, trucks, etc.
In E-1 zone, auto and truck repair is a
11
permitted use if 200 feet or more from
residential zones; fuel sales and
12
service requires CU permit
Automotive Sales and Rental includes Not allowed within Historic District
13 N N N N N N CU CU P
motorcycles, boats, RVs, and trucks Overlay
CU+CU+
14
N N N N N N N Sec. 18.2.3.220
S S
15
Bakery, except as classified as Food
N N N N N N P P P
Processing
16
Commercial Laundry, Cleaning, and Dyeing
N N N N N N S S P Sec. 18.2.3.080
Establishment
17
18
Commercial Recreation, includes country
club, golf course, swimming club, and tennis
19
CU CU N N CU CU N N N
club; excluding intensive uses such as
driving range, race track, or amusement park
20
21
22
23
ORDINANCE NO. #Page 8of 73
24
25
26
1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
4
E. Commercial Uses (continued)
4
In R-2 zone, uses limited to personal
5
and professional services, except see
Sec. 18.2.3.210 for retail uses allowed
6
in Railroad Historic District
Commercial Retail Sales and Services, CU+
In E-1 zone, Retail limited to 20,000 sq
N N N N N P S S
7
except Outdoor Sales and Services S
ft of gross leasable floor space per lot.
In M-1 zone, uses limited to serving
8
persons working in zone
9
See Marijuana Retail Sales
Per Sec. 18.2.3.100, Drive-Up uses are
10
Drive-Up Use N N N N N N S N limited to area east of Ashland St at
intersection of Ashland St/Siskiyou Blvd
11
*In C-1 zone, requires annual Type I
review for at least the first three years,
12
after which time the Planning
Hostel N N CU CU N N CU* N N
Commission may approve a permanent
13
facility through the Type II procedure
14
Hotel/Motel N N N N N N CU CU P
15
No animals kept outside within 200
Kennel (See also Veterinary Clinic) N N N N N N S S CU
feet of a residential zone
16
Limited Retail Uses in Railroad Historic Sec. 18.2.2.210for Retail Uses Allowed
N CU CU CU N N N N N
District in Railroad Historic District
17
Lumber Yard and Similar Sales of Building
or Contracting Supplies, or Heavy
N N N N N N N CU P
18
Equipment
19
Per Sec. 18.2.3.190, marijuana retail
sales are limited to the C-1 and E-1
20
Marijuana Retail Sales, includes sale of S or S or zones and located on a boulevard or
N N N N N N N
medical and recreational marijuana CU CU 200 feet or more from any residential
21
zone, see Sec 18.2.3.190.
22
4
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. #Page 9of 73
24
25
26
1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
Not allowed within the Historic District
Nightclub, Bar N N N N N N S CU P
Overlay unless located in C-1-D
4
5
E. Commercial Uses (continued)
5
Office N N CU CU N N P P P
Outdoor Storage of Commodities or
6
N N N N N N CU CU P
Equipment associated with an allowed use
Plant Nursery, Wholesale, except Marijuana
7
N N CU CU N N N N N
Production
Self-Service Storage, Commercial (Mini-
8
N N N N N N N CU P
Warehouse)
CU+CU+
9
N N N N N N N Sec. 18.2.3.220
S S
10
Veterinary Clinic N N N N N N P P P
11
F. Industrial and Employment Uses
In the E-1 zone, uses within 200 feet
12
Cabinet, Carpentry, and Machine Shop, and S or
NNNNNNNPof a residential zone require CU
related Sales, Services, and Repairs CU
permit
13
Commercial Excavation and Removal of
CU+
Sand, Gravel, Stone, Loam, Dirty or Other N N N N N N N N Sec. 18.2.3.070
14
S
Earth Products
15
Concrete or Asphalt Batch Plant N N N N N N N N CU
16 Dwelling for a caretaker or watchman N N N N N N N CU CU
In the C-1 zone, manufacture or
17
assembly of items sold is a permitted
use, provided such manufacturing or
18
assembly occupies 600 square feet
Food Products
or less, and is contiguous to the
Manufacture/Processing/Preserving,
19
N N N N N N S S P permitted retail outlet
including canning, bottling, freezing, drying,
and similar processing and preserving.
20
In the E-1 zone, See Sec. 18.2.3.140
21
22
5
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. #Page 10of 73
24
25
26
1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
4
5
6
F. Industrial and Employment Uses
6
(continued)
7
In E-1 and M-1 zones, marijuana
laboratory, processing, and
8
production are subject to the special
Manufacture, General, includes Marijuana P or P or
N N N N N N N use standards in Sec. 18.2.3.190
Laboratory, Processing, and Production S S
9
See Marijuana Cultivation,
10
Homegrown
Requires assembly, fabricating, or
11
packaging of products from
previously prepared materials such
12
as cloth, plastic, paper, cotton, or
wood
13
Manufacture, Light; excluding saw, planning
N N N N N N S P P
or lumber mills, or molding plants. In the C-1 zone, manufacture or
14
assembly of items sold in a permitted
use, provided such manufacturing or
15
assembly occupies 600 square feet
or less, and is contiguous to the
16
permitted retail outlet
Outdoor Storage of Commodities or
17
N N N N N N CU CU P
Equipment associated with an allowed use
18 Television and Radio Broadcasting Studio N N N N N N N P P
Deliveries and shipments limited to
19
7AM-9PM within 200 feet of a
residential zone
Wholesale Storage and Distribution, includes
20
N N N N N N N S S
Marijuana Wholesale
In E-1 and M-1 zones, marijuana
21
wholesale is subject to the special
use standards in Sec. 18.2.3.190
22
6
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. #Page 11of 73
24
25
26
1
Table 18.2.2.030 Uses Allowed by Zone
R-1-C-1 &
2
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
3
Wrecking, Demolition, and Junk Yards N N N N N N N N CU
4
5
G. Other Uses
6
Temporary Tree Sales N N N N N N P N N Allowed from November 1 to January 1
7
Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ORDINANCE NO. #Page 12of 73
24
25
26
SECTION 3.
1 Section 18.2.3.040 \[Accessory Residential Unit Special Use Standards\] of
the Ashland LandUse Ordinance is hereby deleted as follows:
2
18.2.3.040 Accessory Residential Unit
3
4 Accessory residential units are subject to Site Design Review under chapter 18.5.2,
except as exempted in subsection 18.2.3.040.A, beloware permitted outright with an
5
approved building permitprovided the accessory residential unit meets all of the
6
following requirements.
Commented \[mh1\]:
This change requires a building
permit to construct an ARU and eliminates the planning
A. The accessory residential unit is located in a residential zone including the R-1,
7
application process (Site Design Review) required for some
R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones.
ARUs. Staff recommends this approach for consistency with
8
duplex requirementsin order to create equitable process for
B. One accessory residentialunit is allowed per lot, and themaximum number of
the development of two units on one lot.
9
dwellings shall not exceed two per lot.
10
C. Accessory residential units are not subject to the maximum density or minimum
lot area requirements of the zone.
11
D. Accessory residential units shall be included for the purposes of meeting
12
minimum density calculation requirementsfor theR-2 and R-3 zones in
13
18.2.5.080.Cand forresidential annexations in 18.5.8.050.F.
14
E. Off-street parking spaces are not required for accessory residential units as
specified in the parking ratio requirements in section 18.4.3.040.
Commented \[mh2\]:
15
Per new state requirements in House
Bill (HB) 2001.
F. The proposal shall conform to the applicable dimensional standards in chapter
16
18.2.5 Standards for Residential Zones including but not limited to lot coverage,
17
setbacks, and building height.
18
G. Size Requirements
Commented \[mh3\]:
Existing size limitations for ARUs
are retained.
19
1. Single-Family Zones. In the R-1, R-1-3.5, RR, WR, and NN zones, the
maximum gross habitable floor area (GHFA) of the accessory residential unit
20
shall not exceed 50 percent of the GHFA of the single-family dwelling located
21
on the same lot, and shall not exceed 1,000 square feet GHFA.
22
2. Multiple Family Zones. In the R-2 and R-3 zones, the maximum gross
habitable floor area (GHFA) of the accessory residential structure shall not
23
exceed 50 percent of the GHFA of the single-family dwelling located on the
24
same lot, and shall not exceed 500 square feet GHFA.
25
3. NMZones.In the North Mountain Neighborhood NM zones, the maximum
gross habitable floor area (GHFA) ofthe accessory residential unit must not
26
exceed 750 square feet GHFA and that second story accessoryresidential
27
units constructed above a detached accessory building must not exceed 500
square feet GHFA.
28
A. Exemptions. Accessory residential units are permitted outright with an approved
29
building permit, and are allowed without a Site Design Review under chapter
30
18.5.2 provided that the accessory residential unit meets all of the following
requirements.
1373
ORDINANCE NO. # Page of
1. The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM
1
zones. Accessory residential units in the R-2 and R-3 zones require Site
2
Design Review under chapter 18.5.2 and are not permitted outright under this
3 subsection.
2. The accessory residential unit meets all of the requirements of the applicable
4
zone in subsections 18.2.3.040.B, C, E and F, below, except as otherwise
5
exempted in subsection 18.2.3.040.A.
6
3. The size of the accessory residential unit is less than 500 square feet of
gross habitable floor area (GHFA).
7
4. The accessory residential unit is attached to the primary residence or within
8
an existing primary residence. Accessory residential units located in the
9
Historic District overlay and including exterior building changes that require
a building permit, and accessory residential units located in detached
10
structures (i.e., not attached to the primary residence) require Site Design
11
Review under chapter 18.5.2 and are not permitted outright under this
subsection.
12
5 The property must have two off-street parking spaces, except that parking
13
spaces, turn-arounds, and driveways are exempt from the requirements in
14
subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection
18.4.3.080.E.1.
15
6. Additional off-street parking is not required for the accessory residential unit
16
if on-street parking is permitted within 200 feet of the property. Alternatively,
17
one off-street parking space may be provided on the property in
conformance with the off-street parking provisions for accessory residential
18
units in section 18.4.3.080.
19
B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following
20
requirements.
21
1. One accessory residential unit is allowed per lot, and the maximum number
of dwelling units shall not exceed two per lot.
22
2. Accessory residential units are not subject to the density or minimum lot
23
area requirements of the zone.
24
3. The maximum gross habitable floor area (GHFA) of the accessory residential
25
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.
26
4. The proposal shall conform to the overall maximum lot coverage and setback
27
requirements of the underlying zone.
28
5. Additional parking shall be provided in conformance with the off-street
29
parking provisions for single-family dwellings in section 18.4.3.080, except
that parking spaces, turn-arounds, and driveways are exempt from the
30
requirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements
in subsection 18.4.3.080.E.1.
1473
ORDINANCE NO. # Page of
C. RR Zone. In addition to the standards in subsection 18.2.3.040.B, accessory
1
residential units in the RR zone shall meet the following requirements.
2
1. No on-street parking credits shall be allowed for accessory residential units.
3
2. If located in the Wildfire zone, the accessory residential unit shall have a
4
residential sprinkler system installed.
5
D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall
meet the standards in subsection 18.2.3.040.B, except that the maximum gross
6
habitable floor area (GHFA) of the accessory residential structure shall not
7
exceed 50 percent of the GHFA of the primary residence on the lot, and shall not
exceed 500 square feet GHFA.
8
E. NN Zones. Accessory residential units in the Normal Neighborhood District
9
under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B.
10
F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM
11
zones under chapter18.3.5 shall meet the standards in subsection 18.2.3.040.B,
except that the maximum gross habitable floor area (GHFA) ofthe accessory
12
residential unit mustnot exceed 750 square feetGHFA and that second story
13
accessory residential units constructed above a detached accessory building
must not exceed 500 square feet GHFA.
14
15
SECTION 4.
Section 18.2.3.090 \[CottageHousing Special Use Standards\] ofthe
16
Ashland Land Use Ordinance is hereby amended to read asfollows:
17
18.2.3.090 Cottage Housing
18
A. Purpose and Intent. The purpose and intent of this chapter is to encourage innovative
19
site planning and variety in housing while ensuring compatibility with established
neighborhoods, and to provide opportunities for ownership of small detached single-
20
family dwellings for a population diverse in age, income, and household size. Where
21
cottage housing developments are allowed, they are subject to Site Design Review
under chapter 18.5.2, and shall meet all of the following requirements.
22
B. Exceptions and Variances. Requests to depart from the requirements of this chapter
23
are subject to the approval criteria under section 18.5.2.050.E Exception to the Site
24
Development and Design Standards.
25
C. Development Standards. Cottage housing developments shall meet all of the
following requirements.
26
1. Cottage Housing Development Density. Cottage Housing Density the
27
permittednumber of units and minimumlot areas shall be as follows.
28
a. The maximum permitted number of dwellings and
Density Calculation.
29
minimum lot areasfor cottage housing developments allowed under this
section is provided in Table 18.2.3.090.C.1.a.Cottage housing
30
developments are not eligible for density bonuses pursuant to subsection
18.3.9.050.B.
1573
ORDINANCE NO. # Page of
1
Table 18.2.3.090.C.1.a Cottage Housing Development Density
2
Minimum Maximum
3
number of number of Minimum lot size Maximum
Maximum
cottages per cottages per (accommodates Floor Area
4
Zones Cottage
cottage cottage minimum number Ratio
Density
housing housing of cottages) (FAR)
5
development development
6
1 cottage
R-1-5,
dwelling unit per
7 NN-1-5 3 12 7,500 sq.ft. 0.35
2,500 square
NM-R-1-5
feet of lot area
8
1 cottage
R-1-7.5 dwelling unit per
9
3 12 11,250 sq.ft. 0.35
NM-R-1-7.5 3,750 square
feet of lot area
10
11
b. Duplexes are permitted in a cottage housing development if the
Duplexes.
total number of dwellings in the development is at or below the maximum
12
cottage housing development density in subsection 18.2.3.090.C.1.a,
13
above.
14
2. Building and Site Design.
15
a.The combined gross floor area of all cottages and
Maximum Floor Area Ratio.
garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as
16
parking carports, green houses, and common accessory structures are
17
exempt from the maximum floor area calculation.
18
b The maximum gross habitable floor area for 75 percent
. Maximum Floor Area.
or more of the cottages, within developments of four units or greater, shall be
19
800 square feet or less per unit. At least two of the cottages within three-unit
20
cottage housing developments shall have a gross habitable floor area of 800
square feet or less. The gross habitable floor area for any individual cottage
21
unit shall not exceed 1000 square feet.
22
cBuilding height of all structures shall not exceed 18 feet. The ridge of a
. Height.
23
pitched roof may extend up to 25 feet above grade.
24
d Lot coverage shall meet the requirements of the underlying zone
. Lot Coverage.
outlined in Table 18.2.5.030.A.
25
e. A cottage development may include two-unit attached, as
26 Building Separation.
well as detached, cottages. With the exception of attached units, a minimum
27
separation of six feet measured from the nearest point of the exterior walls is
28 required between cottage housing units. Accessory buildings (e.g., carport,
garage, shed, multipurpose room) shall comply with building code requirements
29
for separation from non-residential structures.
30
f. Notwithstanding the provisions of section 18.4.4.060, fence height is
Fences.
limited to four feet on interior areas adjacent to common open space except as
allowed for deer fencing in subsection 18.4.4.060.B.6. Fences in the front and
1673
ORDINANCE NO. # Page of
side yards abutting a public street, and on the perimeter of the development
1
shall meet the fence standards of section 18.4.4.060.
2
3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the
3
provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site
Development and Site Design Standards, cottage housing developments are
4
subject to the following requirements:
5
a. Except for those street connections identified on the
Public Street Dedications.
6
Street Dedication Map, the Commission may reduce or waive the requirement
to dedicate and construct a public street as required in 18.4.6.040 upon finding
7
that the cottage housing development meets connectivity and block length
8
standardsby providing public access for pedestrians and bicyclists with an
alley, shared street, or multi-use path connecting the public street to adjoining
9
properties.
10
b. . Driveway and parking areas shall meet the
Driveways and parking areas
11
vehicle area design standards of section 18.4.3.
12
iParking shall meet the minimum parking ratios per 18.4.3.040.
.
13
ii. Parking shall be consolidated to minimize the number of parking areas, and
shall be located on the cottage housing development property.
14
iii. Off-street parking can be located within an accessory structure such as a
15
multi-auto carport or garage, but such multi-auto structures shall not be
16
attached to individual cottages. Single-car garages and carports may be
attached to individual cottages. Uncovered parking is also permitted
17
provided that off street parking is screened in accordance with the
18
applicable landscape and screening standards of chapter 18.4.4.
19
4. Common Open Space. Common open space shall meet all of the following
standards.
20
a. A minimum of 20 percent of the total lot area is required as common open
21
space.
22
b. Common open space(s) shall have no dimension that is less than 20 feet
23
unless otherwise granted an exception by the hearing authority. Connections
between separated common open spaces, not meeting this dimensional
24
requirement, shall not contribute toward meeting the minimum common open
25
space area.
26
c. Shall consist of a central space, or series of interconnected spaces.
27
d. Physically constrained areas such as wetlands or steep slopes cannot be
counted towards the common open space requirement.
28
e. At least 50 percent of the cottage units shall abut a common open space.
29
f. The common open space shall be distinguished from the private open spaces
30
with a walkway, fencing, landscaping, berm, or similar method to provide a
visual boundary around the perimeter of the common area.
1773
ORDINANCE NO. # Page of
g. Parking areas and driveways do not qualify as common open space.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Figure 18.2.3.090 Cottage Housing Conceptual Site Plans
21
22
5. Private Open Space. Each residential unit in a cottage housing development shall
23
have a private open space. Private open space shall be separate from the common
open space to create a sense of separate ownership.
24
a. Each cottage unit shall be provided with a minimum of 200 square feet of
25
usable private open space. Private open space may include gardening areas,
26
patios, or porches.
27
b. No dimension of the private open space shall be less than 8 feet.
28
6. Common Buildings, Existing Nonconforming Structures and Accessory Residential
Units.
29
a. Up to 25 percent of the required common open space, but
Common Buildings.
30
no greater than 1,500 square feet, may be utilized as a community building for
the sole use of the cottage housing residents. Common buildings shall not be
1873
ORDINANCE NO. # Page of
attached to cottages.
1
b. Consolidated carports or garage structures,
Carports and garage structures.
2
provided per 18.2.3.090.C.3.b, are not subject to the area limitations for
3
common buildings.
4
c. An existing single-family residential structure
Nonconforming Dwelling Units.
built prior to December 21, 2017 (Ord. 3147), which may be nonconforming
5
with respect to the standards of this chapter, shall be permitted to remain.
6
Existing nonconforming dwelling units shall be included in the maximum
permitted cottage density. 1,000 square feet of the habitable floor area of such
7
nonconforming dwellings shall be included in the maximum floor area permitted
8
per 18.2.3.090C.2.a. Existing garages, other existing non-habitable floor area,
9
square feet shall not be included in the maximum floor area ratio.
10
d. New accessory residential units (ARUs) are not
Accessory Residential Units.
11
permitted in cottage housing developments, except that an existing ARU that is
accessory to an existing nonconforming single-family structuredwelling may
12
be counted as a cottage unit if the property is developed subject to the
13
provisions of this chapter.
14
7. Storm Water and Low-Impact Development.
15
a. Developments shall include open space and landscaped features as a
pact development techniques
16
including natural filtration and on-site infiltration of storm water.
17
b. Low impact development techniques for storm water management shall be
18
used wherever possible. Such techniques may include the use of porous solid
surfaces in parking areas and walkways, directing roof drains and parking lot
19
runoff to landscape beds, green or living roofs, and rain barrels.
20
c. Cottages shall be located to maximize the infiltration of storm water run-off. In
21
this zone, cottages shall be grouped and parking areas shall be located to
preserve as much contiguous, permanently undeveloped open space and
22
native vegetation as reasonably possible when considering all standards in this
23
chapter.
24
8. Restrictions.
25
a. The size of a cottage dwelling may not be increased beyond the maximum floor
area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the
26
property notifying future property owners of the size restriction.
27
28
SECTION 5.
Section 18.2.3.110 \[Duplex Dwelling Standards Special UseStandards\] of
29
the Ashland LandUse Ordinance is hereby amended to read as follows:
30
18.2.3.110 Duplex Dwelling Standards
1973
ORDINANCE NO. # Page of
Duplex dwellings are allowed on corner lots within the R-1 zones in developments
1
using the Performance Standards Option under chapter 18.3.9.
2
Duplexes are permitted outright with an approved building permit provided the
3
duplex meets all of the following requirements.
Commented \[mh4\]:
Per new state requirements in HB
2001 and OAR 660 Division 46.
4
A. The duplex is located in a residential zone including the R-1, R-1-3.5, RR, WR, R-
2, R-3, NN, and NM zones.
5
B. One duplex is allowed per lot and the maximum number of dwellings shall not
6
exceed two per lot.
7
C. Duplexes are not subject to the maximum density or minimum lot area
8
requirements of the zone, except that duplexes in a cottage housing
development shall meet the density requirements of subsection 18.2.3.090.C.
9
D.
Duplexes shall be included for the purposesof meeting minimum density
10
calculationrequirements for the R-2 and R-3 zones in 18.2.5.080.C andfor
11
residential annexations in 18.5.8.050.F.
12
E. The proposal shall conform to the applicable dimensional standards in chapter
18.2.5 Standards for Residential Zones including but not limited to lot coverage,
13
setbacks, and building height.
14
F. The property shall have two off-street parking spaces in conformance with the
15
parking ratio requirements in section 18.4.3.040. Parking spaces shall meet the
vehicle area design requirements of section 18.4.3.80, except that parking
16
spaces, turn-arounds, and driveways are exempt from the requirements in
17
subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection
18.4.3.080.E.1.
18
19
SECTION 6.
Section 18.2.5.060 \[Yard Exceptions Standards for Residential Zones\] of
20
the Ashland LandUse Ordinance is hereby amended to read as follows:
21
22
18.2.5.060 Yard Exceptions
23
A. Front Yard Exceptions.
24
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
25
street with less than the required setback for the district, the front yard for the lot
26
need not exceed the average yard of the abutting structures.
27
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 the
28
average yard of the depth of the abutting lot and the required front yard depth.
29
3. The front yard may be reduced to ten feet on hillside lots where the terrain has an
30 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.
2073
ORDINANCE NO. # Page of
B. Side and Rear Yard Exceptions for Accessory Buildings, and Accessory
1
Residential Units, and Duplexes. The side and rear yards for accessory
2
buildings, accessory residential units, and duplexes may be reduced as
3 described below provided the structure meets all of the following requirements.
Commented \[mh5\]:
Allows existing provisions for
reduced side and rear yard setbacks that apply to accessory
1. Structure.
4
buildings and ARUs to be applied to duplexes.
a. The structure is not attached to any other buildings or dwellings, and is
5
not more and 15 feet in height.
6
b.If the structure is located on a lot that is not adjacent to an alley, the
7
structure is located more than 50 feet from any street.
8
c. The side and rear yard exceptions in this section may be applied to a
single detached duplex unit but shall not be applied to both duplex units
9
located on one lot, whether the two units are attached or detached.
10
d.The reduced side or rear yard provision does not apply to the primary
11
structure.
12
12. Yards Abutting an Alley. For accessory buildings and, accessory residential
units that are not attached to any other buildings and not more and 15 feet in
13
height, tThe side yard abutting an alley may be reduced to three feet and the rear
14
yard abutting an alley may be reduced to four feet. The reduced side or rear yard
provision does not apply to the primary structure.
15
23. Other Side and Rear Yards. For accessory buildings that are not attached to
16
any other building, are not more than 15 feet in height, and are erected more
17
than 50 feet from any street, tThe side or rear yard may be reduced to three feet,
except when said yard is abutting an alley as provided in subsection
18
18.2.5.060.B.12, above.
19
20
SECTION 7.
Section 18.2.5.070 \[Maximum Permitted ResidentialFloor Area in Historic
District Standards for Residential Zones\] of the Ashland Land Use Ordinance is hereby
21
amended to read as follows:
22
23
18.2.5.070 Maximum Permitted Residential Floor Area in Historic District
24
A. Purpose. Section 18.2.5.070 regulates floor area of dwellings to promote compatible
building volume and scale in the Historic District.
25
B. Applicability. Within residential zones located in the Historic District Overlay, new
26
structures and additions shall conform to the maximum permitted floor area standards
27
of this section, except as provided by 18.2.5.070.C.
28 C. Increases in Allowable MPFA. A Conditional Use Permit under chapter 18.5.4 is
required to exceed the MPFA standards of subsections 18.2.5.070.F and
29
18.2.5.070.G, below. In addition to the approval criteria for a Conditional Use Permit,
30
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
2173
ORDINANCE NO. # Page of
floor area (MPFA) means the gross floor area of the primarya dwelling, including but
1
not limited to potential living spaces within the structure with at least seven feet of
2
head room and attached garages, except as provided by subsection 18.2.5.070.E,
3 below.
E. Exceptions. Basements, detached garages, detached accessory structures, and
4
detached accessory residential units, and detached duplex dwelling unitsare not
5
counted in the gross floor area for the MPFA calculation if separated from the primary
dwellingsingle-family dwelling or primary structure by six feet or more. Similarly,
6
unenclosed breezeways, and similar open structures connecting an exempt detached
7
structure to the primary dwellingsingle-family dwelling or primary structureare
not counted in the MPFA calculation. The exception in this section may be applied
8
to a single detached duplex unit but shall not be applied to both duplex units
9
located on one lot, whether the two units are attached or detached.
Commented \[mh6\]:
Includes a detached duplex unit in the
10 exemption from Maximum Permitted Floor Area in the
historic districts if separated by the single-family dwelling
11 by 6 feet or more.
F. Calculation and Standards. Except as modified by subsection 18.2.5.070.G for
multiple dwellings on a lot and residential subdivisions proposed under the
12
performance standards option, the following formula shall be used to calculate the
13
MPFA for single familysingle-family dwellings, provided however, that regardless of
lot size, the MPFA shall not exceed 3,249 square feet:
14
Lot areax Adj. Factor \[from Table 18.2.5.070(E)\] = Adjusted lot area x 0.38 FAR = MPFA
15
Table 18.2.5.070.E: Adjustment Factor Table
16
Lot Adj. Lot Adj. Lot Adj. Lot Adj.
17
Area Factor Area Factor Area Factor Area Factor
0 2500 1.20 6501 - 7000 0.88 11001 11500 0.66 15501 - 16000 0.55
18
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
19
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
20
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
21
5501 6000 0.94 10001 - 10500 0.71 14501 15000 0.57 19001 - 19500 0.48
22
6001 6500 0.91 10501 - 11000 0.68 15001 15500 0.56 19500 and 0.47
greater
23
24
G. Multiple Dwellings and Residential Performance Standards Option. Where
multiple dwellings are proposed on a single lot, or where a residential subdivision is
25
proposed under the Performance Standards Option of chapter 18.3.9, the MPFA shall
26
be determined using the following formula:
27
Lot area x Adj. Factor \[from Table 18.2.5.070(E)\] = Adjusted lot area x Graduated FAR
\[from Table 18.2.5.070(F)\] = MPFA
28
29
Table 18.2.5.070.F: Graduated FAR Table
30
# units FAR # units FAR # units FAR
1 .38 5 .46 9.54
2 .40 6 .48 10 .56
2273
ORDINANCE NO. # Page of
1 3 .42 7 .50 11 .58
4 .44 8 .52 >11 .60
2
SECTION 8.
Section 18.2.5.080 \[Residential Density Calculations in R-2 and R-3 Zones
3
Standards for Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to
4
read as follows:
5
18.2.5.080 Residential Density Calculation in R-2 and R-3 Zones
6
A. Density Standard. Except density gained through bonus points under section
7
18.2.5.080 or chapter 18.3.9 Performance Standards Option and PSO Overlay,
8
development density in the R-2 and R-3 zones shall not exceed the densities
established by this section.
9
B. Density Calculation.
10
1. Except as specified in the minimum lot area dimensions below, the density inR-2
11
an R-3 zones shall be computed by dividing the total number of dwellingunits by
12
the acreage of the project, including land dedicated tothe public, and subjectto the
exceptions below.
13
2. Units less than 500 square feet of gross habitable area shall count as 0.75 units for
14
the purposes of density calculations.
15
3. Accessory residential units and duplexes arenot requiredto meet the density or
minimum lot arearequirements of this section. See section 18.2.3.040 for
16
accessory residential unit standards and section 18.2.3.110 for duplex
17
standards.
Commented \[mh7\]:
Per new state requirements in HB
2001 and OAR 660 Division 46.
18
C. Minimum Density.
19
1. The minimum density shall be 80 percent of the calculated base density.
20
2. Exceptions to minimum density standards. The following lots are totally or partially
exempt from minimum density standards.
21
a. Lots less than 10,000 sq. ft. in existence prior to the effective date of this
22
ordinance.
23
b. Lots located within any Historic District designated within the Ashland Municipal
24
Code.
25
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
26
minimum base density standard.
27
d. Where a lot is occupied by a single-family residence prior to January 9, 2005
28
(Ord. 2914), the single-family residence may be enlarged or reconstructed
without being subject to the minimum base density standard.
29
e. In the event that a fire or natural hazard destroys a single-family residence,
30
such residence may be replaced without being subject to the minimum base
density standard.
2373
ORDINANCE NO. # Page of
f. Where floodplains, streams, land drainages, wetlands, and/or steep slopes
1
exist upon the lot an exception to minimum density requirements may be
2
obtained to better meet the standards of chapter 18.3.10 Physical and
3 Environmental Constraints Overlay.
g. A lot that is nonconforming in minimum density may not move further out of
4
conformance with the minimum density standard. However, units may be
5
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
6
will not be precluded.
7
D. Base Densities and Minimum Lot Dimensions.
8
1. R-2 Zone. Base density for the R-2 zone shall meet the following standards:
9
a. Minimum lot area for one or two dwellingsunit shall be 5,000 square feet,
10
except as allowed in section 18.2.3.040 for accessory residential units and
section 18.2.3.110 for duplexes.
11
b.Minimumlot area for two units shallbe7,000 square feet.
12
cb. Minimum lot area for three unitsdwellings shall be 9,000 square feet, except
13
that the residential density bonusin subsection 18.2.5.080.F, below, may be
14
used to increase density of lots greater than 8,000 square feet up to three
unitsdwellings.
15
dc. For more than three unitsdwellings, the base density shallbe 13.5 dwelling
16
units per acre. The permitted base density shall be increased by the
17
percentage gained through the residential density bonus is subsection
18.2.5.080.F.
18
2. R-3 Zone. Base density for the R-3 zone shall meet the following standards:
19
a. Minimum lot area for one or two unitdwellings shall be 5,000 square feet,
20
except as allowed in section 18.2.3.040 for accessory residential units and
21
section 18.2.3.110 for duplexes.
22
b.Minimumlot area for two units shallbe6,500 square feet.
c. Minimumlot area for three units shall be 8,000 square feet.
23
d. For three or more than three unitsdwellings, the base density shall be 20
24
dwellingunits per acre. The permitted base densityshall be increased by the
25
percentage gained through the residential density bonus is subsection
18.2.5.080.F, below.
26
E. Exceptions. An accessory residential unit is not required to meet density or
27
minimum lot area requirements per section 18.2.3.040110.
28
FE. Residential Density Bonus.
29
1. Density Bonus Points Authorized. Except as allowed under chapter 18.3.9
30
Performance Standards Option and PSO Overlay, the permitted base density shall
be increased only pursuant to this section.
2473
ORDINANCE NO. # Page of
2. Maximum Density Bonus Points. The total maximum bonus permitted shall be 60
1
percent.
2
3. Density Bonus Point Criteria. The following bonuses shall be awarded:
3
a. . The maximum bonus for conservation housing is 15
Conservation Housing
4
percent. One hundred percent of the homes or residential units approved for
development, after density bonus point calculations, shall meet the minimum
5
requirements for certification as an Earth Advantage home, as approved by the
6
Con
by resolution 2006-6.
7
b. The maximum bonus for provision of common open
Common Open Space.
8
space is ten percent. A one percent bonus shall be awarded for each one
9
percent of the total project area in common open space in excess of any
common or private open space required by section 18.4.4.070 and this
10
ordinance. The common open space shall meet the standards in section
11
18.4.4.070.
12
c. . The maximum bonus for affordable housing is 35 percent.
Affordable Housing
Developments shall receive a density bonus of two units for each affordable
13
housing unit provided. Affordable housing bonus shall be for residential units
14
that are guaranteed affordable in accord with the standards of section
18.2.5.050.
15
16
SECTION 9.
Section 18.2.5.090 \[Standards for Single-Family Dwellings Standards for
17
Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read as
18
follows:
19
18.2.5.090 Standards for Single-Family Dwellings and Duplexes
20
A. The following standards apply to new single-family dwellings and duplexes
21
constructed in the R-1, R-1-3.5, R-2, and R-3 zones; the standards do not apply to
22
dwellings in the WR or RR zones.
23
B. Single-family dwellings and duplexes subject to this section shall utilize at least two of
the following design features to provide visual relief along the front of the residence:
24
1. Dormers
25
2. Gables
26
3. Recessed entries
27
4. Covered porch entries
28
5. Cupolas
29
6. Pillars or posts
30
7. Bay window (min. 12" projection)
8. Eaves (min. 6" projection)
2573
ORDINANCE NO. # Page of
9. Off-sets in building face or roof (min. 16")
1
2
SECTION 10.
Section 18.3.4.040 \[Use Regulations Normal Neighborhood District\] of
3
the Ashland LandUse Ordinance is hereby amended to read as follows:
4
18.3.4.040 Use Regulations
5
A. Plan Overlay Zones. There are four Land Use Designation Overlays zones within the
6
Normal Neighborhood Plan are intended to accommodate a variety of housing
7
opportunities, preserve natural areas and provide open space.
1. Plan NN-1-5 zone.The use regulations and development standards are intended
8
to create, maintain and promote single dwelling a single-family dwelling
9
neighborhood character. A variety of housing types are allowed, in addition to the
detached single dwelling. Development standards that are largely the same as
10
those for single dwellings ensure that the overall image and character of the single
11
dwellingsingle-family dwelling neighborhood is maintained.
12
2. Plan NN-1-3.5 zone. The use regulations and development standards are
intended to create, maintain and promote single dwelling single-family dwelling
13
neighborhood character. A variety of housing types are allowed including multiple
14
compact attached and/or detached dwellings. Dwellings may be grouped around
common open space promoting a scale and character compatible with single-
15
family homes. Development standards that are largely the same as those for
16
single dwellingssingle-family dwellings ensure that the overall image and
17 character of the single dwellingsingle-family dwelling neighborhood is
maintained.
18
3. Plan NN-1-3.5-C zone. The use regulations and development standards are
19
intended to provide housing opportunities for individual households through
development of multiple compact attached and/or detached dwellings with the
20
added allowance for neighborhood-serving commercial mixed-uses so that many
21
of the activities of daily living can occur within the Normal Neighborhood. The
22 public streets within the vicinity of the NN-1-3.5-C overlay are to provide sufficient
on-street parking to accommodate ground floor neighborhood business uses.
23
4. Plan NN-2 zone. The use regulations and development standards are intended to
24
create and maintain a range of housing choices, including multi-familymultifamily
housing within the context of the residential character of the Normal Neighborhood
25
Plan.
26
B. Normal Neighborhood Plan Residential Building Types. The development
Commented \[mh8\]:
Deleted because repeats dwelling
27
standards for the Normal Neighborhood Plan will preserve neighborhood definitions in 18.6.1.030.
character by incorporating four distinct land use overlay areas with different
28
concentrations of varying housing types.
29
1. Single Dwelling Residential Unit. A Single Dwelling Residential Unit is a
30
detached residential building that contains a single dwelling with self-
contained living facilities on one lot. It is separated from adjacent dwellings
by private open space in the form of side yards and backyards, and set back
2673
ORDINANCE NO. # Page of
from the public street or common green by a front yard. Auto parking is
1
generally on the same lot in a garage, carport, or uncovered area. The garage
2
may be detached or attached to the dwelling structure.
3
2. Accessory Residential Unit. An Accessory Residential Unit is a secondary
dwelling unit on a lot, either attached to the single-family dwelling or in a
4
detached building located on the same lot with a single-family dwelling, and
5
having an independent means of entry.
6
32. Double Dwelling Residential Unit (Duplex). A Double Dwelling Residential
Unit is a residential building that contains two dwellings located on a single
7
lot, each with self-contained living facilities. Double Dwelling Residential
8
UnitsDuplexes must share a common wall or a common floor/ ceiling and are
similar to a Single Dwelling Unit in appearance, height, massing, and lot
9
placement.
10
4. Attached Residential Unit (Townhome, Row house).An Attached Residential
11
Unit is single dwelling located on an individual lot which is attached along
one or both sidewalls to an adjacent dwelling unit. The dwelling unit may be
12
set back from the public street or common green by a front yard.
13
5. Clustered Residential Units - Pedestrian-Oriented. Pedestrian-Oriented
Commented \[mh9\]:
Moved to definitions.
14
Clustered Residential Units are multiple dwellings grouped around common
open space that promote a scale and character compatible with single-family
15
homes. Units are typically arranged around a central common green under
16
communal ownership. Auto parking is generally grouped in a shared surface
area or areas.
17
6. Multiple Dwelling Residential Unit. Multiple Dwelling Residential Units are
18
multiple dwellings that occupy a single building or multiple buildings on a
19
single lot. Dwellings may take the form of condominiums or apartments.
Auto parking is generally provided in a shared parking area or structured
20
parking facility.
21
7. Cottage Housing. Cottage Housing Units are small dwellings in
22
developments approved in accordance with the standards in 18.2.3.090.
23
CB. Allowed Uses.
24
1. Uses Allowed in Normal Neighborhood District. Allowed uses include those that are
permitted, permitted subject to special use standards, and allowed subject to a
25
conditional use permit. Where Table 18.3.4.040 does not list a specific use and
26
18.6
part 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
27
18.1.5.040
section Similar Uses. All uses are subject to the development
28
standards of zone in which they are located, any applicable overlay zone(s), and
18.518.5.1.020
29
the review procedures of part . See section Determination of
Review Procedure.
30
a.
Permitted Uses
2773
ORDINANCE NO. # Page of
b. . Uses listed as Subject
Permitted Subject to Special Use Standards
1
to SpecialUse Standards are allowed, provided they conform to chapter
2
18.2.3 Special Use Standards.
3
c.
Conditional Uses
18.5.4
4 allowed subject to the requirements of chapter Conditional Use Permits.
d. . Uses not listed in Table 18.3.4.040, and not found to be
Prohibited Uses
5
18.1.5.040
similar to an allowed use following the procedures of section
6
Similar Uses, are prohibited.
7
2. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter
8
18.2.2
Base Zones, additional land use standards or use restrictions apply within
overlay zones. An overlay zone may also provide for exceptions to some standards
9
of the underlying zone.
10
3. Mixed-Use.Uses allowed in a zone individually are also allowed in combination
11
with one another, in the same structure or on the same site, provided all applicable
development standards and building code requirements are met.
12
11
Table 18.3.4.040 Normal Neighborhood District Normal Neighborhood District Zones
13
10
Uses Allowed by Zone
14
15
NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2
16
A. Residential Uses
Single Dwelling Residential Unit
17
(Single-Family Dwelling)Single-family P P N N
Dwelling
18
Accessory Residential Unit, see Sec. 18.2.3.040 P or S P or S P or S N
19
Double Dwelling Residential Unit
NP P P P
(Duplex Dwelling)Duplex
20
Cottage HousingP N N N
21
Clustered Residential Units N P P P
Attached Residential Unit N P P P
22
Multiple Dwelling Residential Unit
N P P P
23
(Multi family Dwelling)Multifamily Dwelling
Manufactured Home on Individual Lot P P P P
24
Manufactured Housing Development N P P P
25
B. Neighborhood Business and Service Uses
26
Home Occupation P P P P
27
Retail Sales and Services, with each building
N N P N
limited to 3,500 square feet of gross floor area
28
29
Professional and Medical Offices, with each
building limited to 3,500 square feet of gross floor N N P N
30
area
2873
ORDINANCE NO. # Page of
Table 18.3.4.040 Normal Neighborhood District Normal Neighborhood District Zones 11
1
10
Uses Allowed by Zone
2
3
4
Light manufacturing or assembly of items
occupying six hundred (600) square feet or less, N N P N
5
and contiguous to the permitted retail use.
6
Restaurants N N P N
7
Day Care Center N N P N
8
Assisted Living Facilities N C C C
C. Residential Uses
9
Religious Institutions and Houses of
C C C C
10
Worship
Public Buildings P P P P
11
Community GardensP P P P
12
Open space and Recreational Facilities P P P P
13
P = Permitted Use; S = Permitted with Special Use Standards; C = Conditional Use
Permit Required; N = Not Allowed.
14
15
SECTION 11.
Section 18.3.4.050 \[Dimensional Regulations Normal Neighborhood
District\] of the Ashland Land UseOrdinance ishereby amended to read as follows:
16
17
18.3.4.050 Dimensional Regulations
18
A. The lot and building dimensions shall conform to the standards in Table
19
18.3.4.050 below.
20
Table 18.3.4.050 Dimensional Standards NN-1-5 NN-1-3.5 NN-2
NN-1-3.5C
21
Base density, dwelling units per acre 4.5 7.2 13.5
22
Minimum Lot Area 1, square feet
5,000 3500 3000
23
(applies to lots created by partitions only)
24
Minimum Lot Depth 1, feet
80 80 80
(applies to lots created by partitions only)
25
1
Minimum Lot Width, feet
50 35 25
26
(applies to lots created by partitions only)
27
Setbacks and yards (feet)
28
Minimum Front Yard abutting a street 15 15 15
29
Minimum Front Yard to a garage facing a
20 20 20
public street, feet
30
Minimum Front Yard to unenclosed front
8 2 8 2 8 2
porch, feet
2973
ORDINANCE NO. # Page of
1
6 6 6
Minimum Side Yard
0 3 0 3
2
Minimum Side Yard abutting a public street 10 10 10
3
4
Minimum Rear Yard 10 ft per Bldg Story, 5 feet per Half Story
5
Setback and yard requirements shall
Solar Access conform to the Solar Access standards of
6
chapter 18.4.8
7
Maximum Building Height, feet / stories 35 / 2.5 35 / 2.5 35 / 2.5
8
Maximum Lot Coverage, percentage of lot 50% 55% 65%
9
Minimum Required Landscaping, percentage of
50% 45% 35%
10
lot
See section 18.4.3.080 Vehicle Area
11
Parking
Design Requirements
12
Minimum Outdoor Recreation Space,
na na 8%
percentage of lot
13
1
Minimum Lot Area, Depth, and Width requirements do not apply in performance standards
subdivisions.
14
2
Minimum Front Yard to an unenclosed front porch (Feet), or the width of any existing public utility
easement, whichever is greater; an unenclosed porch must be no less than 6 feet in depth and 8 feet
15
in width, see section 18.6.1.030 for definition of porch.
3
Minimum Side Yard for Attached Residential Units (Feet)
16
17
B. Density Standards. Development density in the Normal Neighborhoodshall not
exceed the densities established by Table 18.3.4.050, except where granted a density
18
bonusunder chapter 18.3.9. Performance Standards Options and consistent with the
19
following requirements.:
20
1. General DensityProvisions.
21
a. The density in NN-1-5, NN-1-3.5,NN-1-3.5-C, and NN-2 zones is to be
computedby dividing the total number of dwelling units by the acreage of the
22
project, including land dedicated to thepublic.
23
b. Conservation Areas including wetlands, floodplain corridor lands, and water
24
resourceprotection zones may be excluded from the acreage of the project for
thepurposes of calculating minimum density forresidential annexations as
25
described in section 18.5.8.050.F.
26
c. Units less than 500 square feet of gross habitable areashall count as 0.75
27 units for the purposes of density calculations.
d. Accessory residential units consistent with standards described in
28
section 18.2.3.040 are not requiredto meet density or minimum lot area
29
requirements.
30
e. Accessory residential units shall be included for the purposes of meeting
minimum density calculation requirements for residential annexations as
described in 18.5.8.050.F.
Commented \[mh10\]:
Moved to 18.2.3.040.
3073
ORDINANCE NO. # Page of
2. Residential Density Bonuses.
1
a. The maximum residential densitybonuses permitted shall be asdescribed in
2
section 18.2.5.080.F.
3
b.Cottage Housing.
\[Reserved\]
4
5
SECTION 11.
Section 18.3.5.050 \[Uses Allowedin North Mountain Neighborhood Zones
North Mountain Neighborhood\] of the Ashland Land Use Ordinance is herebyamended
6
to read as follows:
7
18.3.5.050 Allowed Uses
8
A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those
9
that are permitted, permitted subject to special use standards, and allowed subject to a
10
conditional use permit. Where Table 18.3.5.050 does not list a specific use and part
18.6 does not define the use or include it as an example of an allowed use, the City
11
may find that use is allowed, or is not allowed, following the procedures of section
12
18.1.5.040 Similar Uses. 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
13
part 18.5. See section 18.5.1.020 Determination of Review Procedure.
14
1. Permitted Uses.
15
2. Permitted Subject to Special Use Standards.
16
ion
18.3.5.050.D and chapter 18.2.3 Special Use Standards.
17
3. Conditional Uses.
18
allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits.
19
4. Prohibited Uses. Uses not listed in Table 18.3.5.050, and not found to be similar to
20
an allowed use following the procedures of section 18.1.5.040 Similar Uses, are
prohibited.
21
B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2
22
Base Zones, additional land use standards or use restrictions apply within overlay
zones. An overlay zone may also provide for exceptions to some standards of the
23
underlying zone.
24
C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with
25
one another, in the same structure or on the same site, provided all applicable
development standards and building code requirements are met.
26
27
28
29
30
3173
ORDINANCE NO. # Page of
1 Table 18.3.5.050 North Mountain Neighborhood Uses Allowed by
1
Zone
2
North Mountain Neighborhood Zones 2
NM-R-NM-R-NM-NM-
3
NM-C
1-7.5 1-5 MF Civic
4
A. Residential
Residential Uses, subject
5
to density requirements in PP P P N
Table 18.3.5.060
6
Accessory Residential
P or
Units, see Sec. P or S P or S PS N
7
S
18.2.3.040
8
Cottage Housing SS N N N
Duplexes see Sec,
9
SS S S N
18.2.3.110
Home Occupations PP P P N
10
Agricultural Uses, except
PP P P S
11
Keeping of Livestock
Keeping of Micro-
12
SS S N S
Livestock and Bees
Keeping of Livestock N N N N N
13
Marijuana Cultivation,
SS S S N
14
Homegrown
B. Public and Institutional Uses
15
Community Services N S N S P
16
Parks and Open Spaces PP P P P
Public Parking Lots N N N CU N
17
Religious Institution,
N N N S N
Houses of Worship
18
Utility and Service
19
Building, Public and
Quasi-Public, excluding N N N S N
20
outdoor storage and
electrical substations
21
C. Commercial
22 Neighborhood Clinics N N N S N
Neighborhood Oriented
23
Retail Sales, Services, N N N S N
and Restaurants
24
Offices, Professional N N N S N
25 Temporary uses N N N CU N
D. Industrial
26
Manufacturing, Light N N N S N
1
27 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not
Allowed.
2
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS =
28
Open Space.
29
30
1
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not
Allowed.
2
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS =
Open Space.
3273
ORDINANCE NO. # Page of
D. Special Use Standards.
1
2
requirements of this section and the requirements of chapter 18.5.2 Site Design
3 Review.
1. Accessory Residential Units. Subject to the standards in section 18.2.3.040.
4
2. Agricultural Uses. In the NM-Civic zone, agriculture may include community garden
5
space.
6
3. Keeping of Micro-Livestock and Bees. Subject to the standards in section
7
18.2.3.160.
8
4. Marijuana Cultivation, Homegrown. Subject to the standards in subsection
18.2.3.190.A.
9
5. Community Services.
10
a. In the NM-R-1-5 zone, each building may be up to a maximum of 2,500 square
11
feet of gross floor area.
12
b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet
13
of gross floor area.
14
6. Manufacturing, Light.
15 a. The light manufacturing use shall occupy 600 square feet or less.
b. The light manufacturing use shall be contiguous to the permitted retail outlet
16
that operates in conjunction with and sells the manufactured items produced by
17
the light manufacturing use.
18
7. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet
of gross floor area.
19
8. Neighborhood Oriented Retail Sales, Services, and Restaurants. Each building
20
may be up to a maximum of 3,500 square feet of gross floor area.
21
9. Offices, Professional. Each building may be up to a maximum of 3,500 square feet
22
of gross floor area.
23
10. Religious Institution, Houses of Worship. The same use cannot be located on a
contiguous property, and there must be no more than two such uses in a given
24
zone.
25
11. Utility and Service Building, Public and Quasi-Public. Each building may be up to a
26
maximum of 3,500 square feet of gross floor area.
27
12. Cottage Housing.Subject to the standards in section 18.2.3.090.
28
13. Duplexes. Subject to the standards in section 18.2.3.110.
29
30
SECTION 12.
Section 18.3.5.060 \[Dimensional Standards North Mountain
Neighborhood\] ofthe Ashland Land Use Ordinance is hereby amended to read as follows:
3373
ORDINANCE NO. # Page of
18.3.5.060 Dimensional Standards
1
Table 18.3.5.060 contains lot and development standards, including density, minimum
2
dimensions, area, coverage, structure height and other provisions that control the
intensity, scale, and location of development for the NM-R-1-7.5, NM-R-1-5, NM-MF, and
3
NM-C.
4
Table 18.3.5.060 North Mountain Neighborhood Dimensional Standards
5
1
North Mountain Neighborhood Zones
6 NM-R-1-7.5 NM-R-1-5 NM-MF NM-C
Residential Density (dwelling units/acre)1 3.6 du/ac 5 du/ac 12 du/ac 20 du/ac
7
1
Density is computed by dividing the total number of dwelling units by the acreage of the project,
including land dedicated to the public. Fractional portions of the answer shall not apply towards the total
8
density, except that units less than 500 square feet gross habitable floor area shall count as .75 units in
the NM-MF and NM-C zones. Accessory residential units and duplexes are not subject to the density
9
requirements of the zone in the NM-R-1-7.5 and NM-R-1-5 zones, see sections 18.2.3.040 and
18.2.3.110.
10
Standard Yards Minimum (feet)
11
Front Standard10 ft 10 ft No
10 ft
minimum/ minimum/ minimum
minimum/ 25
12
25 ft 25 ft yard
ft maximum
maximum maximum require-
13
ments,
Front Unenclosed Porch 5 ft 5 ft 5 ft
except as
14
Front - Garage 2 15 ft from 15 ft from
required
15 ft from
building building
for
building face
15
face / 20 ft face / 20 ft
parking,
/ 20 ft from
from from
landscapin
sidewalk
16
sidewalk sidewalk
g and
3 building
Side Standard 5 ft per 5 ft per 5 ft per
17
design
building building building
requireme
story story story
18
nt in
Side Adjacent to Street 10 ft10 ft10 ft
chapters
19
Side Single-Story, Detached Garage and
18.4.2,
3 ft 3 ft 3 ft
4
Accessory Buildings
18.4.3,
20
and
Rear Standard 10 ft per 10 ft per 10 ft per
18.4.4.
building building building
21
story story story
Rear Upper Floor Dormer Space 15 ft15 ft15 ft
22
Rear - Single-Story, Detached Garage and
4 ft 4 ft 4 ft
23
Accessory Buildings Adjacent to Alley
Rear Two-Story Accessory Buildings
4 ft 4 ft 4 ft
24
Adjacent to Alley
2 No greater than 50 percent of the total lineal building façade facing the street can consist of garage,
25
carport, or other covered parking space.
26 3
No additional side yard is required for half-stories and upper floor dormer space.
4
No side yard is required for accessory buildings sharing a common wall.
27
Solar Access Solar access setback required pursuant No solar
to chapter 18.4.8 Solar Access. access
28
setback
required.
29
Lot Coverage Maximum (% of lot area) 45% 50% 75% 80%
30
1
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS
= Open Space.
3473
ORDINANCE NO. # Page of
1
Zones: NC =Neighborhood Commercial; MU = Mixed Use; OE =Office Employment; CI = Compatible Industrial; OS
1
= Open Space.
2
SECTION 13.
Section 18.3.5.100 \[SiteDevelopment and Design Standards North
3
Mountain Neighborhood\] of the Ashland Land UseOrdinance is hereby amended to read as
4
follows:
5
18.3.5.100 Site Development and Design Standards
6
A. Housing. The following design standards apply to residential developments. While the
7
standards are specific, the intent is not to limit innovative design, but rather provide a
framework for clear direction and minimum standards.
8
1. Architectural Design. The street-facing elevations of residential buildings shall be
9
broken with reveals, recesses, trim elements, and other architectural features to
10
avoid the appearance of a blank wall as illustrated in Figure 18.3.5.100.A.1. In
addition, at least two of the following design features must be provided along the
11
front of each residence.
12
a. Dormers
13
b. Gables
14
c. Recessed entries
15
d. Covered porch entries
16
e. Cupolas
17
f. Pillars or Posts
18
g. Bay window (min. 12-inch projection)
19
h. Eaves (min. six-inch projection)
20
i. Off-sets in building face or roof (min. 16 inches)
21
22
23
24
25
26
27
28
Figure 18.3.5.100.A.1
29
Architectural Design
30
2. Orientation. Dwellings shall be designed with a primary elevation oriented towards
a street. Such elevation shall have a front door, framed by a simple porch or
3573
ORDINANCE NO. # Page of
portico, porch, or other design feature clearly visible from the street to promote
1
natural surveillance of the street as illustrated in Figure 18.3.5.100.A.2.
2
3
4
5
6
7
8
Figure 18.3.5.100.A.2
9
Orientation
10
3. Repetitive Elevations. Excessive repetition of identical floor plans and elevations
11 shall be discouraged. See Figure 18.3.5.100.A.3.a and Figure 18.3.5.100.A.3.b.
12
13
14
15
16
17
18
19
Figure 18.3.5.100.A.3.a
20
Varied Floor Plans
21
22
23
24
25
26
27
28
29
30
Figure 18.3.5.100.A.3.b
Varied Elevations
3673
ORDINANCE NO. # Page of
4. Supplemental Setback Requirements for Garages and Accessory Structures. In
1
addition to the setback requirements of sections 18.3.5.060, the following garage
2
and accessory structure setbacks are required, in order to promote an attractive
3 streetscape where garages and accessory structures are visually subordinate to
primary dwellings single-family dwellings or primary structures.
4
a. Where no alleys are present, garages shall be located a minimum of 15 feet
5
behind the primary façade and a minimum of 20 feet from the sidewalk. See
Figure 18.3.5.100.A.4.a.
6
7
8
9
10
11
12
Figure 18.3.5.100.A.4.a
Garage Setbacks/No Alley
13
b. Garages and accessory structures adjacent to an internal property line (i.e.,
14
four feet and a second floor setback of six feet, excluding dormers. See Figure
15
18.3.5.100.A.4.b.
16
17
18
19
20
21
Figure 18.3.5.100.A.4.b
22
Garage Setbacks/No Alley
c. No side yard setback is required where garages adjoin along a common
23
property line.
24
d. Garage or accessory structures, including accessory residential units, fronting
and or accessed from the alley shall have a minimum rear yard setback of four
25
feet. See Figure 18.3.5.100.A.4.d.
26
27
28
29
30
3773
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
Figure 18.3.5.100.A.4.d
Garage Setbacks/Alley
8
e. The maximum allowed width of a garage opening is 22 feet. Expansion of the
9
ge needs.
f. Common wall garages (i.e., adjacent garage openings), and dwellings with
10
more than one garage openings, where the total width of adjacent garage
11
openings exceeds 22 feet, shall have at least one garage opening recessed
behind the other(s) by not less than three feet.
12
5. Terracing. Grading for new homes and accessory structures shall be minimized
13
and building designs shall respond to the natural grade, to the extent practicable,
14
pursuant to the following standards.
15 a. Terracing should be incor
illustrated in Figure 18.3.5.100.A.5.a. Terraces help ease transition between
16
the public and private space.
17
18
19
20
21
22
23
24
25
Figure 18.3.5.100.A.5.a
26
Terraces
27
b. In determining whether grading is minimized and building designs are
practicable, this standard shall not be interpreted so as to preclude permitted
28
housing at planned densities.
29
6. Porches. Where practicable, porches shall be incorporated into building designs
within the North Mountain Neighborhood, in order to promote a sense of place,
30
socialization, and natural surveillance of the street, as illustrated in Figure
18.3.5.100.A.6.a. Porches shall be a minimum of six feet in depth and eight feet in
3873
ORDINANCE NO. # Page of
width, as illustrated in Figure 18.3.5.100.A.6.b - deep enough to allow a person to
1
stand while the door is opening and large enough to allow at least one person to sit
2
facing the street. Porches with dimensions less than six feet in depth and eight feet
3 in width are often used as storage areas for bike, barbecues, etc., and do not
realistically function as outdoor rooms.
4
5
6
7
8
9
10
11
12
Figure 18.3.5.100.A.6.a
13 Street with Front Porches
14
15
16
17
18
19
20
21
22
Figure 18.3.5.100.A.6.b
Porch Dimensions
23
24
7. Driveways. In order to minimize impervious surfaces, increase opportunities for on-
street parking and street trees, and provide a visually attractive streetscape that
25
comfortably accommodates pedestrians, driveways for single dwellingsone
26
dwellingand duplexes shall be no greater than nine feet wide, measured at the
sidewalk. Where no alley is present and garages for multiple dwellings share a
27
common wall (e.g., townhomes), a common driveway 12 feet in width may be used
28
but shall serve as a shared drive for paired garages. See Figure 18.3.5.100.A.7.
29
30
3973
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
Figure 18.3.5.100.A.7
9
Benefits of Narrow Driveways on Streetscape
10
8. Accessory Residential Units. When a detached accessory dwelling unit is
11
adjacent to a residential property, the unit shall meet the following
standards. See Figure 18.3.5.100.A.8.
12
a. Incorporate considerate design and placement into the development of
13
accessory residential units.
14
b.A visual buffer shall be provided using window placement, a sight
15
obscuring fence and/or vegetation.
16
c. Within five feet of a side property line, the second floor area of the unit
shall be staggered and step-back an additional five feet or contain other
17
detailing, in order to break up the mass of the building. With the addition
18
of a dormer, this standard can be met without the step-back or reduced
floor area.
Commented \[mh11\]:
If ARUs are approved through the
19
building permit process, discretionary standards cannot be
included. In addition, potentially conflicts with ORS
20
a local government may adopt
and apply only clear and objective standards, conditions and
21
22
23
24
25
26
27
28
Figure 18.3.5.100.A.8
Accessory Residential Units Along Alley
(delete graphic above)
29
30
4073
ORDINANCE NO. # Page of
SECTION 14.
1 Section 18.3.9.050 \[Performance Standards for Residential Developments
Performance Standards Option and PSO Overlay\] of the Ashland Land Use Ordinance is
2
hereby amended to read as follows:
3
18.3.9.050 Performance Standards for Residential Developments
4
A. Base Densities. The density of the development shall not exceed the density
5
established by this section. The density shall be computed by dividing the total number
of dwelling units by the acreage of the project, including land dedicated to the public.
6
Fractional portions of the final answer, after bonus point calculations, shall not apply
7
towards the total density. Accessory residential units and duplexes are not required
8 to meet the density requirements of this chapter in accordance with sections
18.2.3.040 and 18.2.3.110.
9
1. The base density, for purposes of determining density bonuses allowed under this
10
section, for developments other than cottage housing, is as provided in Table
18.3.9.050.
11
Table 18.3.9.050.A.1 Base Densities for Determining Allowable
12
Density Bonus with Performance Standards Option
13
ZoneAllowable Density
(dwelling units per acre)
14
WR-2 0.30 du/acre
WR-2.5 0.24 du/acre
15
WR-5 0.12 du/acre
WR-10 0.06 du/acre
16
WR-200.03 du/acre
17
RR-1 0.60 du/acre
RR-.5 1.2 du/acre
18
R-1-10 2.40 du/acre
R-1-7.5 3.60 du/acre
19
R-1-5 4.50 du/acre
R-1-3.5 7.2 du/acre
20
R-2 13.5 du/acre
21
R-3 20 du/acre
22
2. Cottage Housing Development Density. The base density for cottage housing
23
developments,for purposes of determining density bonuses,allowed under
24 this section is as provided in Table 18.3.9.050.A.2.Cottage housing
developments are not eligiblefor density bonuses pursuant tosubsection
25
18.3.9.050.B.
26
a. The maximum permitted number of dwellings and
Density Calculation.
minimum lot areasfor cottage housing developments allowed under this
27
section is provided in Table 18.3.9.050.A.2.a.Cottage housing
28
developments are not eligible for density bonuses pursuant to subsection
18.3.9.050.B.
29
30
4173
ORDINANCE NO. # Page of
1
Table 18.3.9.050.A.2.a Base Densities for Determining Allowable Density Bonus with Performance
Standards Option
2
Minimum
Maximum
number of Minimum lot size
Maximum number of Maximum
3
cottages per (accommodates
Zones Cottage cottages per Floor Area
cottage minimum number
Density cottage housing Ratio (FAR)
4
housing of cottages)
development
development
5
1 cottage
R-1-5,
dwelling unit per
NN-1-5 3 12 7,500 sq.ft. 0.35
6
2,500 square
NM-R-5
feet of lot area
7
1 cottage
R-1-7.5 dwelling unit per
3 12 11,250 sq.ft. 0.35
8
NM-R-1-7.5 3,750 square
feet of lot area
9
10
b. Duplexes are permitted in a cottage housing development if the
Duplexes.
total number of dwellings in the development is at or below the maximum
11
cottage housing development density in subsection 18.3.9.050.A.2.a,
12
above.
13
3. Common Open Space Required. All developments subject to this section with a
base density of ten units or greater shall be required to provide common open
14
space pursuant to section 18.4.4.070.
15
B. Density Bonus Point Calculations. The permitted base density shall be increased by
16
the percentage gained through density bonus points. In no case shall the density
exceed that allowed under the Comprehensive Plan. The maximum density bonus
17
permitted shall be 60 percent (base density x 1.6), pursuant to the following criteria.
18
1. Conservation Housing. A maximum 15 percent bonus is allowed. One-hundred
19
percent of the homes or residential units approved for development, after bonus
point calculations, shall meet the minimum requirements for certification as a Earth
20
Advantage home, as approved by the Ashland Conservation Division under the
21
-06.
22
2. Common Open Space. A maximum ten percent bonus is allowed, pursuant to the
following.
23
a. Common open spaces may be provided in the form of natural areas,
Purpose.
24
wetlands, playgrounds, active or passive recreational areas, and similar areas
25 in common ownership. However, for the purposes of awarding density bonus
points, the Planning Commission shall consider whether or not the common
26
open space is a significant amenity to project residents, and whether project
27
residents will use or enjoy the common open space on a day-to-day basis.
28 b. Developments with fewer than ten units that provide more than two
Standard.
percent of the project area for common open space, or for developments of ten
29
units or greater that provide more than five percent common open space, a one
30
percent bonus shall be awarded for each one percent of the total project area
in common open space in excess of any common open space required by
section 18.4.4.070 and this ordinance. The common open space shall meet
4273
ORDINANCE NO. # Page of
the standards in section 18.4.4.070.
1
3. Affordable Housing. A maximum bonus of 35 percent is allowed. Developments
2
shall receive a density bonus of two units for each affordable housing unit
3
provided. Affordable housing bonus shall be for residential units that are
guaranteed affordable in accordance with the standards of section 18.2.5.050
4
Affordable Housing Standards.
5
6
SECTION 15.
Section 18.3.12.060 \[PedestrianPlace Overlay Site Development and
7
Design Overlays\]of the Ashland Land Use Ordinance is hereby amended to read as
follows:
8
9
18.3.12.060 Pedestrian Place Overlay
10
A. Purpose. The Pedestrian Place overlay is intended to direct and encourage
11
development of small walkable nodes that provide concentrations of gathering places,
housing, businesses, and pedestrian amenities situated and designed in a way to
12
encourage walking, bicycling, and transit use.
13
B. Applicability
14
1. This section applies to properties designated as Pedestrian Places overlay on the
15
Site Design Zones map.
16
2. Review Procedure. The Pedestrian Place overlay requirements apply to proposed
development located in the Pedestrian Place overlay that requires a planning
17
application approval, and involves development of new structures or additions
18
other than single-family dwellings, accessory residential units, duplexes, and
other associated accessory structures and uses. The provisions of the Pedestrian
19
Place overlay supplement those of the applicable base zoning district and other
20
applicable ordinance requirements.
Commented \[mh12\]:
Excludes ARUs and duplexes from
Pedestrian Places Overlay requirements, along with single-
21
3. Mixed-Use Buildings in Residential Zones. Mixed-use buildings located in an
family dwellings.
underlying residential zone require Site Design Review approval in accordance
22
with chapter 18.5.2, and are subject to the standards subsection 18.4.2.040.B
23
Basic Site Review Standards rather than section 18.4.2.030 Residential
Development. Mixed-use buildings are subject to all other applicable provisions of
24
part 18.4 Site Development and Design Standards.
25
4. The Pedestrian Places overlay and development standards do not apply to
26
properties electing to develop under the Transit Triangle (TT) overlay option. See
chapter 18.3.14 Transit Triangle Overlay.
27
C. Pedestrian Place Concept Plans. The Pedestrian Place Concept plans (i.e., site
28
plan, development summary, and building illustrations) are for the purpose of providing
29
an example of development that conforms to the standards, and do not constitute
independent approval criteria. Concept plans are attached to the end of this chapter.
30
D. Development Standards. The following standards shall apply to development in the
Pedestrian Places overlay in addition to all applicable provisions of this ordinance.
4373
ORDINANCE NO. # Page of
1. Building Setbacks.The solar access setback in chapter 18.4.8 Solar Access
1
applies only to those lots abutting a residential zone to the north.
2
2. Plazas and Landscaping Ratio. Outdoor seating areas, plazas, and other useable
3
paved surfaces may be applied toward meeting the landscaping area requirements
in chapter 18.4.4 Landscaping, Lighting, and Screening, but shall not constitute
4
more than 50 percent of the required area.
5
E. Development in Residential Zone. The following standards apply to development
6
located in the Pedestrian Places overlay and a residential zone, in addition to all
applicable provisions of this ordinance.
7
1. Special Permitted Uses. In addition to the permitted uses in the underlying
8
residential zone, the following uses and their accessory uses are permitted subject
9
to the requirements of this section.
10
a. Professional, financial, business and medical offices, and personal service
establishments.
11
b. Stores, shops, and offices supplying commodities or performing services.
12
c. Restaurants.
13
2. Development Standards and Limitations.
14
a. The maximum gross floor area occupied by a special permitted use shall be
15
2,500 square feet.
16
b. Special permitted uses shall be allowed in a building or in a group of buildings
17
including a mixture of businesses and housing. At least 50 percent of the total
gross floor area of a building, or of where there is more than one building on a
18
site, 50 percent of the total lot area including accessory uses such as parking,
19
landscaping and public space, shall be designated for residential uses.
20
c. The development shall meet the minimum housing density requirements of the
underlying zone.
21
d. Mixed-use buildings shall be setback not more than five feet from a public
22
sidewalk unless the area is used for pedestrian activities such as plazas or
outside eating areas, or for a required public utility easement.
23
e. Mixed-use developments shall have a minimum Floor Area Ratio (FAR) of .50.
24
Plazas and pedestrian areas shall count as floor area for the purposes of
25
meeting the minimum FAR. Projects including existing buildings or vacant
parcels of a half an acre or greater in size shall achieve the required minimum
26
FAR or provide a shadow plan (see graphic) that demonstrates how
27
development may be intensified over time to meet the required minimum FAR.
28
29
SECTION 16.
Section 18.4.2.030 \[Residential Development Building Placement,
Orientation, and Design\] of the Ashland Land Use Ordinance is hereby amended to read as
30
follows:
4473
ORDINANCE NO. # Page of
18.4.2.030 Residential Development
1
A. Purpose and Intent. For new multi-familymultifamilyresidential developments,
2
careful design considerations must be made to assure that the development is
compatible with the surrounding neighborhood. For example, the use of earth tone
3
colors and wood siding will blend a development into an area rather than causing
4
contrast through the use of overwhelming colors and concrete block walls.
5
1. Crime Prevention and Defensible Space.
6
a. Parking for residents should be located so that distances to
Parking Layout.
dwellings are minimized. However, avoid designs where parking areas are
7
immediately abutting dwelling units because there is little or no transition from
8
public to private areas. Parking areas should be easily visible from adjacent
areas and windows.
9
b. Windows should be located so that vulnerable areas
Orientation of Windows.
10
can be easily surveyed by residents.
11
c. Service and laundry areas should be located so
Service and Laundry Areas.
12
that they can be easily observed by others. Windows and lighting should be
incorporated to assure surveillance opportunities. Mail boxes should not be
13
located in dark alcoves out of sight. Barriers to police surveillance such as tall
14
shrubs and fences should be avoided.
15
d. Reliance solely upon security hardware in lieu of other alternatives
Hardware.
is discouraged.
16
e. Site development should utilize lighting prudently. More lighting does
Lighting.
17
not necessarily mean better security. Lighting should be oriented so that areas
18
vulnerable to crime are accented.
19
f. Plant materials such as high shrubs should be placed so that
Landscaping.
surveillance of semi-public and semi-private areas is not blocked. Thorny
20
shrubs will discourage crime activity. Low shrubs and canopy trees will allow
21
surveillance, hence, reduce the potential for crime.
22
B. Applicability. Except as otherwise required by an overlay zone or plan district, the
following standards apply to residential development pursuant to section 18.5.2.020.
23
See conceptual site plan of multi-familymultifamily development in Figure
24
18.4.2.030.
25
1. Accessory Residential Units. Unless exempted from Site Design Review in
18.2.3.040.A, only the following standards in Chapter 18.4.2 apply to
26
accessory residential units: building orientation requirements in
27
18.4.2.030.C, garage requirements in 18.4.2.030.D, and building materials in
18.4.2.030.E. If an accessory residential unit is located in the Historic District
28
overlay, the standards in 18.4.2.050 also apply. See the Special Use
29
Standards for accessory residential units in section 18.2.3.040.
Commented \[mh13\]:
Site Design Standards are no longer
applicable if ARUs do not require a planning application for
30
C. Building Orientation. Residential buildings that are subject to the provisions of this
Site Design Review.
chapter shall conform to all of the following standards. See also, solar orientation
standards in section 18.4.8.050.
4573
ORDINANCE NO. # Page of
1. Building Orientation to Street.Dwelling units shall have their primary orientation
1
toward a street. Where residential buildings are located within 20 feet of a street,
2
they shall have a primary entrance opening toward the street and connected to the
3 right-of-way via an approved walkway.
2. Limitation on Parking Between Primary Entrance and Street.Automobile circulation
4
or off-street parking is not allowed between the building and the street. Parking
5
areas shall be located behind buildings, or on one or both sides.
6
3. Build-to Line. Where a new building is proposed in a zone that requires a build-to
line or maximum front setback yard, except as otherwise required for clear vision at
7
intersections, the building shall comply with the build-to line standard.
8
D. Garages. The following standards apply to garages, carports, canopies, and other
9
permanent and temporary structures used for parking or storing vehicles, including
those parking and vehicle storage structures accessory to detached single-family
10
t,
11
safe, and private vehicle access to their homes with the public interest in maintaining
safe and aesthetically pleasing streetscapes. The standards therefore promote
12
pedestrian safety and visibility of public ways, while addressing aesthetic concerns
13
associated with street-facing garages. For the purpose of this subsection, a garage
opening is considered to be facing a street where the opening is parallel to or within 45
14
degrees of the street right-of-way line.
15
1. Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared
16
driveway, including flag drives, the garage or carport opening(s) for that dwelling
shall orient to the alley or shared drive, as applicable, and not a street.
17
2. Setback for Garage Opening Facing Street. The minimum setback for a garage (or
18
carport) opening facing a street is 20 feet. This provision does not apply to alleys.
19
E. Building Materials. Building materials and paint colors should be compatible with the
20
surrounding area. Very bright primary or neon-type paint colors, which attract attention
to the building or use, are unacceptable.
21
F. Streetscape. One street tree chosen from the street tree list shall be placed for each
22
30 feet of frontage for that portion of the development fronting the street pursuant to
23
subsection 18.4.4.030.E.
24
G. Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse
disposal areas shall be provided pursuant to chapter 18.4.4.
25
H. Open Space. Common and/or private open space are required to be provided
26
pursuant to section 18.4.4.070.
27
28
29
30
4673
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Figure 18.4.2.030
Multi-FamilyMultifamily Conceptual Site Design
21
22
SECTION 17.
Section 18.4.3.040 \[Parking Ratios Parking, Access, and Circulation\] of
23 the Ashland LandUse Ordinance is hereby amended to read as follows:
24
18.4.3.040 Parking Ratios
25
Except as provided by section 18.4.3.030, the standard ratios required for automobile
26
parking are as follows. Fractional spaces shall be rounded up to the next whole
27
number. See also, accessible parking space requirements in section 18.4.3.050.
Commented \[mh14\]:
Existing language from table below.
28
29
30
4773
ORDINANCE NO. # Page of
1
Table 18.4.3.040 Automobile Parking Spaces by Use
2
Minimum Number of Parking Spacesper Land Use
3
Use Categories
fractionsfractional spaces
(Based on Gross Floor Area; are
upwhole
rounded to next number.)
4
Residential Categories
5
for
2 spaces for detached dwelling units and the following
attached dwelling units.
6
a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1
7
space/unit.
Single-family Dwelling
8
b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit.
9
c. 2-bedroom units --1.75 spaces/unit.
10
d. 3-bedroom or greater units -- 2.00 spaces/unit.
11
a. Units less than 800 sq. ft. 1 space/unit, except. as
exempted in subsection 18.2.3.040.A.
12
Accessory Residential Units
b. Units greater than 800 sq. ft. and up to 1,000 sq. ft.
13
2.00 spaces/unit.
14
No additional parking spaces required.
Commented \[mh15\]:
Per new state requirements in HB
2001.
15
2 spaces per duplex.
Duplex
Commented \[mh16\]:
Per new state requirements in HB
a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1
16
2001.
space/unit.
17
b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit.
18
c. 2-bedroom units --1.75 spaces/unit.
19 Multi-familyMultifamily
d. 3-bedroom or greater units -- 2.00 spaces/unit.
s
Dwelling
20
e. Retirement complexes for seniors 55-years or greater --
One space per unit.
21
f. Transit Triangle (TT) overlay option developments, see
22
chapter 18.3.14.
23
a. Units less than 800 sq. ft. -- 1 space/unit.
24
b. Units greater than 800 sq. ft. and less than 1000 sq. ft. --
1.5 spaces/unit.
25
Cottage Housing
c. Units greater than 1000 sq. ft. -- 2.00 spaces/unit.
26
d. Retirement complexes for seniors 55-years or greater --
27
One space per unit.
28
Manufactured Home on Single-Family Lota
Parking for
manufactured home on a single-family lotSingle
is same as
Manufactured Housing
29
Familya Single-family
Dwelling; for Manufactured Housing
Developments, see sections 18.2.3.170 and 18.2.3.180.
30
Performance Standards
See chapter 18.3.9.
Developments
4873
ORDINANCE NO. # Page of
1
Table 18.4.3.040 Automobile Parking Spaces by Use
2
Minimum Number of Parking Spacesper Land Use
3
Use Categories
fractionsfractional spaces
(Based on Gross Floor Area; are
upwhole
rounded to next number.)
4
Commercial Categories
5
Auto, boat or trailer sales, 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land
retail nurseries and other area; plus 1 space per 5,000 sq. ft. for the excess over 10,000 sq.
6
outdoor retail uses ft. of gross land area; and 1 space per 2 employees.
7
3 spaces per alley, plus 1 space for auxiliary activities set forth in
Bowling Alleys
this section.
8
Chapels and Mortuaries 1 space per 4 fixed seats in the main chapel.
9
1 space per guest room, plus 1 space for the owner or manager;
10
Hotels see also, requirements for associated uses, such as restaurants,
entertainment uses, drinking establishments, assembly facilities.
11
General Office: 1 space per 500 sq. ft. floor area.
Offices
Medical/Dental Office: 1 space per 350 sq. ft. floor area.
12
Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area,
Parlors, Similar Uses whichever is less.
13
General: 1 space per 350 sq. ft. floor area.
Retail Sales and Services
14
Furniture and Appliances: 1 space per 750 sq. ft. floor area.
Skating Rinks 1 space per 350 sq. ft. of gross floor area.
15
Theaters, Auditoriums,
16
Stadiums, Gymnasiums and 1 space per 4 seats.
Similar Uses
17
1 space per guest room, plus 2 spaces for the owner or manager.
18
Industrial Categories
Industrial, Manufacturing and
19
1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2
Production, Warehousing and
employees whichever is less, plus 1 space per company vehicle.
20
Freight
Institutional and Public
21
Categories
Aircraft Hangar - Ashland One space per hangar or one space per four aircraft occupying a
22
Municipal Airporthangar, whichever is greater. Parking spaces shall be provided
within the hangar or within designated vehicle parking areas
23
identified in the adopted Ashland Municipal Airport Master Plan.
24
Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall
Houses; Rooming and be equivalent to a guest room.
25
Boarding Houses; Dormitories
Daycare 1 space per two employees; a minimum of 2 spaces is required.
26
Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary
27
uses.
Miniature: 4 spaces per hole.
28
Hospital 2 space per patient bed.
29
Nursing and Convalescent 1 space per 3 patient beds.
30
Homes
Public Assembly
1 space per 4 seats
4973
ORDINANCE NO. # Page of
1
Table 18.4.3.040 Automobile Parking Spaces by Use
2
Minimum Number of Parking Spacesper Land Use
3
Use Categories
fractionsfractional spaces
(Based on Gross Floor Area; are
upwhole
rounded to next number.)
4
Religious Institutions and
1 space per 4 seats.
5 Houses of Worship
Rest Homes, Homes for the
1 space per 2 patient beds or 1 space per apartment unit.
6
Aged, or Assisted Living
Elementary and Junior High: 1.5 spaces per classroom, or 1
Schools
7
space per 75 sq. ft. of public assembly area, whichever is greater
High Schools: 1.5 spaces per classroom, plus 1 space per 10
8
students the school is designed to accommodate; or the
requirements for public assembly area, whichever is greater
9
Colleges, Universities and Trade Schools: 1.5 spaces per
10
classroom, plus 1 space per five students the school is designed
to accommodate, plus requirements for on-campus student
11
housing.
Other Categories
12
Parking standards for temporary uses are the same as for primary
13
uses, except that the City decision-making body may reduce or
Temporary Uses
waive certain development and designs standards for temporary
14
uses.
15
SECTION 18.
Section 18.4.3.060 \[Parking Management Strategies Vehicle Area
16
Design\] of the Ashland Land UseOrdinance is hereby amended to read as follows:
17
18
18.4.3.060 Parking Management Strategies
19
Except for detached single-family dwellings and duplexes, the off-street parking spaces
Commented \[mh17\]:
For consistency with parking
may be reduced through the application of the following credits. The total maximum requirement for detached single-family dwelling in Table
20
18.4.3.040, above.
reduction in off-street parking spaces is 50 percent, except as allowed for Off-Site Shared
21
Commented \[mh18\]:
Cities have the option to allow
Parking credits in subsection 18.4.3.060.E, below. The approval authority shall have the
duplexes to use on-street parking credits towards the two
discretion to adjust the proposed off-street parking reduction based upon site specific
22
spaces that are required. This change would prohibit the use
evidence and testimony, and may require a parking analysis prepared by a qualified
of on-street credits for duplexes.
23
professional. See 18.4.3.030.A.3 for parking analysis requirements.
24
A. On-Street Parking Credit. Credit for on-street parking spaces may reduce the
required off-street parking spaces up to 50 percent, as follows.
25
1. Credit. One off-street parking space credit for one on-street parking space meeting
26
the standards of subsections 2-4, below. See Figure 18.4.3.060.A.1.
27
28
29
30
5073
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Figure 18.4.3.060.A.1
On-Street Parking Credit
15
16
17 2. Dimensions. On-street parking shall follow the established configuration of existing
on-street parking, except that 45-degree diagonal parking may be allowed with the
18
approval of the Public Works Director, taking into account traffic flows and street
19
design, with the parking spaces designed in accord with the standards on file with
the Public Works Department.
20
a. Parallel parking, each 22 feet of uninterrupted curb.
21
b. 45-degree diagonal, each 12 feet of uninterrupted curb.
22
3. Location.
23
a. Curb space must be contiguous to the lot containing the use that requires the
24
parking.
25
b. Parking spaces may not be counted that are within 20 feet measured along the
curb of any corner or intersection of an alley or street, nor any other parking
26
configuration that violates any law or standard of the City or State.
27
c. Parking spaces located on arterials and collectors may only receive credit if the
28
arterial or collector is greater in width than the minimums established by the
street standards in section 18.4.6.040.
29
d. Parking spaces may not be counted that are within 200 feet of a C-1-D or SOU
30
zone.
e. Parking spaces may not be counted that are required as on-street parking in
5173
ORDINANCE NO. # Page of
accordance with section 18.3.9.060 in a development under the Performance
1
Standards Option.
2
4. Availability. On-street parking spaces credited for a specific use shall not be used
3
exclusively by that use, but shall be available for general public use at all times. No
signage or actions limiting general public use of on-street spaces shall be
4
permitted.
5
B. Alternative Vehicle Parking. Alternative vehicle parking facilities may reduce the
6
required off-street parking spaces up to 25 percent, as follows.
7
1. Motorcycle or scooter parking. One off-street parking space credit for four
motorcycle or scooter parking spaces.
8
2. Bicycle parking. One off-street parking space credit for five additional, non-required
9
bicycle parking spaces.
10
3. Microcar parking. One off-street parking space credit for two microcar parking
11
spaces. Microcar spaces shall be designed so that one full size automobile can
use two microcar spaces, and the microcar spaces shall not be limited in use by
12
hours or type of vehicle through signage or other legal instrument.
13
C. Mixed Uses. In the event that several users occupy a single structure or parcel of
14
land, the total requirements for off-street automobile parking shall be the sum of the
requirements for the several uses computed separately unless it can be shown that the
15
peak parking demands are offset, in which case the mixed-use credit may reduce the
16
off-street parking requirement by a percentage equal to the reduced parking demand.
A mixed-use parking credit may reduce the required off-street parking spaces up to 50
17
percent.
18
D. Joint Use of Facilities. Required parking facilities of two or more uses, structures, or
19
parcels of land may be satisfied by the same parking facilities used jointly, to the
extent that it can be shown by the owners or operators that the need for the facilities
20
does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature) and
21
provided that such right of joint use is evidenced by a deed, lease, contract, or similar
written instrument establishing such joint use. Jointly-used parking facilities may
22
reduce the required off-street parking spaces up to 50 percent.
23
E. Off-Site Shared Parking. One off-street parking space credit for every one parking
24
space constructed in designated off-site shared parking areas, or through payment of
in-lieu-of-parking fees for a common parking. Off-site shared parking facilities may
25
reduce the required off-street parking spaces up to 100 percent.
26
F. TDM Plan Credit. Through implementation of an individual Transportation Demand
27
Management (TDM) plan that demonstrates a reduction of long-term parking demand
by a percentage equal to the credit requested. A TDM plan may reduce the required
28
off-street parking spaces up to 50 percent.
29
G. Transit Facilities Credit.Sites where at least 20 spaces are required and where at
30
least one lot line abuts a street with transit service may substitute transit-supportive
plazas as follows. A Transit Facilities Credit may reduce the required off-street parking
spaces up to 50 percent.
5273
ORDINANCE NO. # Page of
1. Pedestrian and transit supportive plazas may be substituted for up to ten percent of
1
the required parking spaces on-site.
2
2. A street with transit service shall have a minimum of 30-minute peak period transit
3
service frequency.
4
3. Existing parking areas may be converted to take advantage of these provisions.
5
4. The plaza must be adjacent to and visible from the transit street. If there is a bus
the bus stop.
6
5. The plaza must be at least 300 square feet in area and be shaped so that a ten-
7
foot by ten-foot (10 feet X 10 feet) square will fit entirely in the plaza.
8
6. The plaza must include all of the following elements.
9
a. A plaza that is open to the public. The owner must record a public access
10
easement that allows public access to the plaza.
11
b. A bench or other sitting area with at least five linear feet of seating.
12
c. A shelter or other weather protection. The shelter must cover at least 20 square
feet and the plaza must be landscaped. This landscaping is in addition to any
13
other landscaping or screening required for parking areas by this ordinance.
14
15
SECTION 19.
Section 18.4.3.080 \[Parking Ratios Vehicle Area Design\] of the Ashland
Land Use Ordinance is hereby amended to read as follows:
16
17
18.4.3.080 Vehicle Area Design
18
A. Parking Location
19
1. Except for single-family dwellings and two-family dwellingsduplexes, required
20
automobile parking facilities may be located on another parcel of land, provided
said parcel is within 200 feet of the use it is intended to serve. The distance from
21
the parking lot to the use shall be measured in walking distance from the nearest
22
parking space to an access to the building housing the use, along a sidewalk or
other pedestrian path separated from street traffic. Such right to use the off-site
23
parking must be evidenced by a deed, lease, easement, or similar written
24
instrument establishing such use, for the duration of the use.
25
2. Except as allowed in the subsection below, automobile parking shall not be located
in a required front and side yard setback area abutting a public street, except
26
alleys.
27
3. In all residential zones, off-street parking in a front yard for all vehicles, including
28
trailers and recreational vehicles is limited to a contiguous area no more than 25
percent of the area of the front yard, or a contiguous area 25 feet wide and the
29
depth of the front yard, whichever is greater. Since parking in violation of this
30
section is occasional in nature, and is incidental to the primary use of the site, no
vested rights are deemed to exist and violations of this section are not subject to
the protection of the nonconforming use sections of this ordinance.
5373
ORDINANCE NO. # Page of
B. Parking Area Design. Required parking areas shall be designed in accordance with
1
the following standards and dimensions as illustrated in 18.4.3.080.B. See also,
2
accessible parking space requirements in section 18.4.3.050 and parking lot and
3 screening standards in subsection 18.4.4.030.F.
1. Parking spaces shall be a minimum of 9 feet by 18 feet.
4
2. Up to 50 percent of the total automobile parking spaces in a parking lot may be
5
designated for compact cars. Minimum dimensions for compact spaces shall be 8
6
feet by 16 feet. Such spaces shall be signed or the space painted with the words
"Compact Car Only."
7
3. Parking spaces shall have a back-up maneuvering space not less than 22 feet,
8
except where parking is angled, and which does not necessitate moving of other
9
vehicles.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Figure 18.4.3.080.B
Parking Area Dimensions
28
29
30
5473
ORDINANCE NO. # Page of
4. Parking lots with 50 or more parking spaces, and parking lots where pedestrians
1
must traverse more than 150 feet of parking area, as measured as an average
2
width or depth, shall be divided into separate areas by one or more of the following
3 means: a building or group of buildings; plazas landscape areas with walkways at
least five feet in width; streets; or driveways with street-like features as illustrated in
4
Figure 18.4.3.080.B.4 Street-like features, for the purpose of this section, means a
5
raised sidewalk of at least five feet in width, with six-inch curb, accessible curb
ramps, street trees in planters or tree wells and pedestrian-oriented lighting (i.e.,
6
not exceeding 14 feet typical height).
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Insert Figure 18.4.3.080.B.4
Dividing Parking Lots into Separate Areas
28
29
5. Parking areas shall be designed to minimize the adverse environmental and
30
microclimatic impacts of surface parking through design and material selection as
illustrated in Figure 18.4.3.080.B.5. Parking areas of more than seven parking
spaces shall meet the following standards.
5573
ORDINANCE NO. # Page of
a. Use at one or more of the following strategies for the surface parking area, or
1
put 50 percent of parking underground. For parking lots with 50 or more
2
spaces, the approval authority may approve a combination of strategies.
3
iUse light colored paving materials with a high solar reflectance (Solar
Reflective Index (SRI) of at least 29) to reduce heat absorption for a
4
minimum of 50 percent of the parking area surface.
5
ii.Provide porous solid surfacing or an open grid pavement system that is at
6
least 50 percent pervious for a minimum of 50 percent of the parking area
surface.
7
iii. Provide at least 50 percent shade from tree canopy over the parking area
8
surface within five years of project occupancy.
9
iv. Provide at least 50 percent shade from solar energy generating carports,
10
canopies or trellis structures over the parking area surface.
11
b. Design parking lots and other hard surface areas in a way that captures and
treats runoff with landscaped medians and swales.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Figure 18.4.3.080.B.5
Parking Design to Reduce Environmental Impacts
29
30
C. Vehicular Access and Circulation. The intent of this subsection is to manage access
to land uses and on-site circulation and maintain transportation system safety and
operations. For transportation improvement requirements, refer to chapter 18.4.6
5673
ORDINANCE NO. # Page of
Public Facilities.
1
1. Applicability. This section applies to all public streets within the City and to all
2
properties that abut these streets. The standards apply when developments are
3
subject to a planning action (e.g., Site Design Review, Conditional Use Permit,
Land Partition, Performance Standards Subdivision).
4
2. Site Circulation. New development shall be required to provide a circulation system
5
that accommodates expected traffic on the site. All on-site circulation systems shall
6
incorporate street-like features as described in 18.4.3.080.B.4. Pedestrian
connections on the site, including connections through large sites, and connections
7
between sites and adjacent sidewalks must conform to the provisions of section
8
18.4.3.090.
9
3. Intersection and Driveway Separation. The distance from a street intersection to a
driveway, or from a driveway to another driveway shall meet the minimum spacing
10
the Ashland Transportation System
11
Plan (TSP) as illustrated in Figures 18.4.3.080.C.3.a and Figure 18.4.3.080.C.3.b.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Figure 18.4.3.080.C.3.a
Driveway Separation for Boulevards, Avenues, and Collectors
27
28
29
30
5773
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Figure 18.4.3.080.C.3.b
Driveway Separation for Neighborhoods Streets
21
22
a. In no case shall driveways be closer than 24 feet as measured from the bottom
of the existing or proposed apron wings of the driveway approach.
23
b. Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM, or
24
M-1 zone shall meet the controlled access standards set forth below. If
25 applicable, cross access easements shall be required so that access to all
properties created by the land division can be made from one or more points.
26
c. Street and driveway access points in an R-2, R-3, C-1, E-1, CM, or M-1 zone
27
shall be limited to the following.
28
i. Distance between driveways.
29
on boulevard streets: 100 feet
30
on collector streets: 75 feet
on neighborhood streets: 24 feet for 2 units or fewer per lot,
5873
ORDINANCE NO. # Page of
50 feet for three or more units per lot
1
2
ii.Distance from intersections.
3
on boulevard streets: 100 feet
4
on collector streets: 50 feet
5
on neighborhood streets: 35 feet
6
d. Access Requirements for Multi-familyMultifamily Developments. All multi-
7
familymultifamily developments which will have automobile trip generation in
8
excess of 250 vehicle trips per day shall provide at least two driveway access
points to the development. Trip generation shall be determined by the methods
9
established by the Institute of Transportation Engineers.
10
4. Shared Use of Driveways and Curb Cuts.
11
a. Plans submitted for developments subject to a planning action shall indicate
12
how driveway intersections with streets have been minimized through the use
of shared driveways and all necessaryaccess easements. Where necessary
13
from traffic safety and access management purposes, the City may require joint
14
access and/or shared driveways in the following situations.
15 i. For shared parking areas.
ii.For adjacent developments, where access onto an arterial is limited.
16
iii For multi-familymultifamily developments, and developments on multiple
17
lots.
18
b. Developments subject to a planning action shall remove all curb cuts and
19
driveway approaches not shown to be necessary for existing improvements or
theproposed development. Curb cuts and approaches shall be replaced with
20
standard curb, gutter, sidewalk, and planter/furnishings strip as appropriate.
21
c. If the site is served by a shared access or alley, access for motor vehicles must
22
be from the shared access or alley and not from the street frontage.
23
5. Alley Access. Where a property has alley access, vehicle access shall be taken
from the alley and driveway approaches and curb cuts onto adjacent streets are
24
not permitted.
25
D. Driveways and Turn-Around Design. Driveways and turn-arounds providing access
26
to parking areas shall conform to the following provisions.
27
1. A driveway for a single-family dwelling or a duplex shall be minimum of nine feet
in width, and a shared driveway serving two units shall be a minimum of 12
Commented \[mh19\]:
Requirements for duplex have to be
28
feet in width, except that driveways over 50 feet in length or serveserving a flag the same as for a detached single-family dwelling per new
state requirements in HB 2001 and OAR 660 Division 46.
29
lot shall meet the width and design requirements of section 18.5.3.060. Accessory
residential units are exempt from the requirements of this subsection.
30
2. Parking areas of seven or fewer spaces shall be served by a driveway 12 feet in
width, except for those driveways subject to subsection 18.4.3.080.D.1,
5973
ORDINANCE NO. # Page of
above. Accessory residential units are exempt from the requirements of this
1
subsection.
2
3. Parking areas of more than seven parking spaces shall be served by a driveway 20
3
feet in width and constructed to: facilitate the flow of traffic on or off the site, with
due regard to pedestrian and vehicle safety; be clearly and permanently marked
4
and defined; and provide adequate aisles or turn-around areas so that all vehicles
5
may enter the street in a forward manner.
6
4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be
minimized.
7
5. For single-family lots and multi-familymultifamily developments, the number of
8
driveway approaches and curb cuts shall not exceed one approach/curb cut per
9
street frontage. For large multi-familymultifamilydevelopments and other uses,
the number of approaches and curb cuts shall be minimized where feasible to
10
address traffic safety or operations concerns.
11
6. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
12
minimum vertical clearance of 13.5 feet for their entire length and width. Parking
structures are exempt from this requirement.
13
7. Vision Clearance. No obstructions may be placed in the vision clearance area
14
except as set forth in section 18.2.4.040.
15
8. Grades for new driveways in all zones shall not exceed 20 percent for any portion
16
of the driveway. If required by the City, the developer or owner shall provide
certification of driveway grade by a licensed land surveyor.
17
9. All driveways shall be installed pursuant to City standards prior to issuance of a
18
certificate of occupancy for new construction.
19
10. Driveways for lots created or modified through a land division or property line
20
adjustment, including those for flag lots, shall conform to the requirements of
chapter 18.5.3 Land Divisions and Property Line Adjustments.
21
E. Parking and Access Construction. The development and maintenance as provided
22
below, shall apply in all cases, except single-family dwellings, and accessory
23
residential units, and duplexes.
Commented \[mh20\]:
Allowances for duplex have to be
the same as for a detached single-family dwelling per new
24
1. Paving. All required parking areas, aisles, turn-arounds, and driveways shall be
state requirements in HB 2001 and OAR 660 Division 46.
paved with concrete, asphaltic, porous solid surface, or comparable surfacing,
25
constructed to standards on file in the office of the City Engineer.
26
2. Drainage. All required parking areas, aisles, and turn-arounds shall have
27
provisions made for the on-site collection of drainage waters to eliminate sheet flow
of such waters onto sidewalks, public rights-of-way, and abutting private property.
28
3. Driveway Approaches. Approaches shall be paved with concrete surfacing
29
constructed to standards on file in the office of the City Engineer.
30
4. Marking. Parking lots of more than seven spaces shall have all spaces
permanently and clearly marked.
6073
ORDINANCE NO. # Page of
5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width
1
and six feet in length. They shall be firmly attached to the ground and so
2
constructed as to withstand normal wear. Wheel stops shall be provided where
3 appropriate for all spaces abutting property lines, buildings, landscaping, and no
vehicle shall overhang a public right-of-way.
4
6. Walls and Hedges
5
a. Where a parking facility is adjacent to a street, a decorative masonry wall, or
6
fire resistant broadleaf evergreen site-obscuring hedge screen between 30 and
42 inches in height and a minimum of 12 inches in width shall be established
7
parallel to and not nearer than two feet from the right-of-way line, pursuant to
8
the following requirements.
9
i. The area between the wall or hedge and street line shall be landscaped.
10
ii. Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
11
iii. All vegetation shall be adequately maintained by a permanent irrigation
12
system, and said wall or hedge shall be maintained in good condition.
13
iv. Notwithstanding the above standards, the required wall or screening shall
14
be designed to allow access to the site and sidewalk by pedestrians and
shall meet the vision clearance area requirements in section 18.2.4.040,
15
and shall not obstruct fire apparatus access, fire hydrants, or other fire
16
appliances.
17
b. In all zones, except single-family zones, where a parking facility or driveway is
adjacent to a residential or agricultural zone, school yard, or like institution, a
18
sight-obscuring fence, wall, or fire resistant broadleaf evergreen site-obscuring
19
hedge shall be provided, pursuant to the following requirements.
20
i. The fence, wall or hedge shall be placed on the property line and shall be
between five feet and six feet in height as measured from the high grade
21
side of the property line, except that the height shall be reduced to 30
22
inches within a required setback area and within ten feet of a street
property line.
23
ii.Screen plantings shall be of such size and number to provide the required
24
screening within 12 months of installation.
25
iii. Adequate provisions shall be made to protect walls, fences, or plant
26
materials from being damaged by vehicles using said parking area.
27
iv. Notwithstanding the above standards, the required wall or screening shall
be designed to meet the vision clearance area requirements in section
28
18.2.4.040.
29
v. The fence, wall, or hedge shall be maintained in good condition.
30
7. Landscaping. In all zones, all parking facilities shall include landscaping to cover
not less than seven percent of the area devoted to outdoor parking facilities,
including the landscaping required in subsection 18.4.3.080.E.6, above. Said
6173
ORDINANCE NO. # Page of
landscaping shall be uniformly distributed throughout the parking area, and
1
provided with irrigation facilities and protective curbs or raised wood headers. It
2
may consist of trees, plus shrubs, ground cover, or related material. A minimum of
3 one tree per seven parking spaces is required. Single-family dwellings and
accessory residential units are exempt from the requirements of this
4
subsection.
5
8. Lighting. Lighting of parking areas within 100 feet of property in residential zones
shall be directed into or on the site and away from property lines such that the light
6
element shall not be directly visible from abutting residential property. Lighting shall
7
comply with section 18.4.4.050.
8
9
SECTION 20.
Section 18.4.3.090 \[Pedestrian Access and Circulation Vehicle Area
Design\] of the Ashland Land UseOrdinance is hereby amended to read as follows:
10
11
18.4.3.090 Pedestrian Access and Circulatio
n
12
A. Purpose. The purpose of section 18.4.3.090 is to provide for safe, direct, and
convenient pedestrian access and circulation.
13
B. Standards. Development subject to this chapter, except single-family dwellings on
14
individual lots, accessory residential units, duplexes, and associated accessory
15
structures, shall conform to the following standards for pedestrian access and
circulation.
16
1. Continuous Walkway System. Extend the walkway system throughout the
17
development site and connect to all future phases of development, and to existing
18
or planned off-site adjacent sidewalks, trails, parks, and common open space
areas to the greatest extent practicable. The developer may also be required to
19
connect or stub walkway(s) to adjacent streets and to private property for this
20
purpose.
21
2. Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient
walkway connections between primary building entrances and all adjacent streets.
22
For the purposes of this section, the following definitions apply.
23
a.
24
straight line or a route that does not involve a significant amount of out-of-
direction travel for likely users.
25
b.
26
reasonably direct means of walking between destinations.
27
c. "Primary entrance" for a non-residential building means the main public
28
entrance to the building. In the case where no public entrance exists, street
connections shall be provided to the main employee entrance.
29
d. "Primary entrance" for a residential building is the front door (i.e., facing the
30
street). For multifamily buildings and mixed-use buildings where not all dwelling
6273
ORDINANCE NO. # Page of
lobby, courtyard, or breezeway serving as a common entrance for more than
1
one dwelling.
2
3. Connections within Development. Walkways within developments shall provide
3
connections meeting all of the following requirements as illustrated in Figures
18.4.3.090.B.3.a and 18.4.3.090.B.3.b
4
a. Connect all building entrances to one another to the extent practicable.
5
b. Connect on-site parking areas, common and public open spaces, and common
6
areas, and connect off-site adjacent uses to the site to the extent practicable.
7
Topographic or existing development constraints may be cause for not making
certain walkway connections.
8
c. Install a protected raised walkway through parking areas of 50 or more spaces,
9
and where pedestrians must traverse more than 150 feet of parking area, as
10
measured as an average width or depth.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6373
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Figure18.4.3.090.B.3.a
22
Pedestrian Access and Circulation
23
24
25
26
27
28
29
30
6473
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Figure 18.4.3.090.B.3.b
18
Pedestrian Access and Circulation Detail
19
4. Walkway Design and Construction. Walkways shall conform to all of the
20
following standards in as illustrated in Figure 18.4.3.090.B.3.a and
21
18.4.3.090.B.3.b. For transportation improvement requirements, refer to chapter
18.4.6 Public Facilities.
22
a. Vehicle/Walkway Separation. Except for crosswalks, where a walkway abuts a
23
driveway or street, it shall be raised six inches and curbed along the edge of
24
the driveway. Alternatively, the approval authority may approve a walkway
abutting a driveway at the same grade as the driveway if the walkway is
25
distinguished from vehicle-maneuvering areas. Examples of alternative
26
treatments are mountable curbs, surface treatments such as stamped concrete
or reflector bumps, and using a row of decorative metal or concrete bollards to
27
separate a walkway from a driveway.
28
b. Crosswalks. Where walkways cross a parking area or driveway, clearly mark
29
crosswalks with contrasting paving materials (e.g. light-color concrete inlay
,
between asphalt), which may be part of a raised/hump crossing area. Painted
30
or thermo-plastic striping and similar types of non-permanent applications may
be approved for crosswalks not exceeding 24 feet in length.
6573
ORDINANCE NO. # Page of
c. Walkway Surface and Width. Walkway surfaces shall be concrete, asphalt,
1
brick/masonry pavers, or other durable surface, and at least five feet wide.
2
Multi-use paths (i.e., for bicycles and pedestrians) shall be concrete or asphalt,
3 and at least ten feet wide, in accordance with the section 18.4.6.040 Street
Design Standards.
4
d. Accessible routes. Walkways shall comply with applicable Americans with
5
Disabilities Act (ADA) and State of Oregon requirements. The ends of all raised
walkways, where the walkway intersects a driveway or street, shall provide
6
ramps that are ADA accessible, and walkways shall provide direct routes to
7
primary building entrances.
8
e. Lighting. Lighting shall comply with section 18.4.4.050.
9
10
SECTION 21.
Section 18.5.2.020 \[Applicability SiteDesign Review\] of the Ashland
Land Use Ordinance is hereby amended to read as follows:
11
12
18.5.2.020 Applicability
13
Site Design Review is required for the following types of project proposals.
14
A. Commercial, Industrial, Non-Residential, and Mixed Uses. Site Design Review
applies to the following types of non-residential uses and project proposals, including
15
proposals for commercial, industrial, and mixed-use projects, pursuant to section
16
18.5.2.030 Review Procedures.
17
1. New structures, additions, or expansions in C-1, E-1, HC, CM, and M-1 zones.
18
2. New non-residential structures or additions in any zone, including public buildings,
schools, churches, and similar public and quasi-public uses in residential zones.
19
3. Mixed-use buildings and developments containing commercial and residential uses
20
in a residential zoning district within the Pedestrian Place Overlay.
21
4. Any exterior change, including installation of Public Art, to a structure which is
22
listed on the National Register of Historic Places or to a contributing property within
an Historic District on the National Register of Historic Places that requires a
23
building permit.
24
5. Expansion of impervious surface area in excess of ten percent of the area of the
site, or 1,000 square feet, whichever is less.
25
6. Expansion of any parking lot, relocation of parking spaces on a site, or any other
26
change that alters or affects circulation onto an adjacent property or public right-of-
27
way.
28
7. Any change of occupancy from a less intense to a more intensive occupancy, as
defined in the building code, or an change in use that requires a greater number of
29
parking spaces.
30
8. Any change in use of a lot from one general use category to another general use
category, e.g., from residential to commercial, as defined in the zoning regulations
6673
ORDINANCE NO. # Page of
of this ordinance.
1
9. Installation of mechanical equipment not fully enclosed in a structure and not
2
otherwise exempt from site design review per section 18.5.2.020.C.
3
10. Installation of wireless communication facilities in accordance with section 18.4.10.
4
B. Residential Uses. Site Design Review applies to the following types of residential
5
uses and project proposals, pursuant to section 18.5.2.030 Review Procedures.
6
1. TwoThree or more dwelling units on a lot in any zoning district a residential
zone, including the addition of an accessory residential unit, unless exempt
7
from Site Design Review per subsection 18.2.3.040.Aand two or more
8
dwelling units on a lot in any other non-residential zone.
Commented \[mh21\]:
Requires Site Design Review
(planning application) for 3 or more units on one lot in a
9
2. Construction of attached (common wall) single-family dwellings (e.g., townhomes,
residential.
condominiums, rowhouses) in any zoning district.
10
3. Any exterior change, including installation of Public Art, to a structure individually
11
listed on the National Register of Historic Places that requires a building permit.
12
4. Any change to off-street parking or landscaping in a residential development where
13
such parking or landscaping is provided in common area (e.g., shared parking) and
is approved pursuant to chapter 18.3.9 Performance Standards Option.
14
5. Any change in use that requires a greater number of parking spaces.
15
6. Installation of mechanical equipment not fully enclosed in a structure and not
16
otherwise exempt from Site Design Review per subsection 18.5.2.020.C.
17
7. Installation of wireless communication facilities (e.g., accessory to a residential
use), in accordance with section 18.4.10.
18
C. Exempt From Site Design Review. The following types of uses and projects are
19
exempt from Site Design Review.
20
1. Detached single-family dwellings and associated accessory structures and uses.
21
2. Accessory residential units meeting the requirements of subsection 18.2.3.040.A
22
and duplexes meeting the requirements of subsection 18.2.3.110.
Commented \[mh22\]:
Exempts any development with two
units on one lot from Site Design Review (planning
23
3. Land divisions and property line adjustments, which are subject to review under
application), including ARUs and duplexes.
chapter 18.5.3.
24
4. The following mechanical equipment.
25
a. Private, non-commercial radio and television antennas not exceeding a height
26
of 70 feet above grade or 30 feet above an existing structure, whichever height
27
is greater, and provided no part of such antenna shall be within the setback
yards required by this ordinance. A building permit shall be required for any
28
antenna mast or tower over 50 feet above grade or 30 feet above an existing
29
structure when the same is constructed on the roof of the structure.
30
b. Not more than three parabolic disc antennas, each under one meter in
diameter, on any one lot or dwelling unit.
6773
ORDINANCE NO. # Page of
c. Roof-mounted solar collection devices in all zones, with the exception of E-1
1
and C-1 zoned properties located within designated historic districts. The
2
devices shall comply with solar setback standards described in chapter 18.4.8
3 and the height standards of the respective zoning district.
d. Roof-mounted solar collection devices on E-1 and C-1 zoned properties
4
located within designated historic districts if the footprint of the structure is not
5
increased, the plane of the system is parallel to the slope of the roof and does
not extend above the peak height of the roof or existing parapets, or is
6
otherwise not visible from a public right-of-way. The devices shall comply with
7
solar setback standards described in chapter 18.4.8 and height requirements of
the respective zoning district.
8
e. Installation of mechanical equipment other than those exempted in
9
18.5.2.020.C.3, subsections a d, above, and which is not visible from a public
10
right-of-way, except alleys, or adjacent residentially zoned property and
consistent with other provisions of this ordinance, including solar access in
11
chapter 18.4.8, and noise and setback requirements of subsection
12
18.2.4.020.B. See also, screening standards for mechanical equipment in
subsection 18.4.4.030.G.4.
13
f. Routine maintenance and replacement of existing mechanical equipment in all
14
zones.
15
16
SECTION 22.
Section 18.5.7.020 \[Applicability and Review Procedure Tree Removal
17
Permits\] of the Ashland Land Use Ordinance is hereby amended to read as follows:
18
18.5.7.020 Applicability and Review Procedure
19
All tree removal and topping activities shall be carried out in accordance with the
20
requirements of this chapter and as applicable, the provisions of part 18.3 Special Districts
and Overlay Zones, and chapter 18.4.4 Landscaping, Lighting, and Screening.
21
If tree removal is part of another planning action involving development activities, the tree
22
removal application, if timely filed, shall be processed concurrently with the other planning
23
action. Applications for Tree Removal Permits are reviewed as follows.
24
A. Ministerial Action. The following Tree Removal Permits are subject to the Ministerial
procedure in section 18.5.1.040.
25
1. Emergency Tree Removal Permit.
26
B. Type I Reviews. The following Tree Removal Permits are subject to the Type I review
27
in section 18.5.1.050. This section applies to removal of trees that are a hazard or are
28
not a hazard.
29
1. Removal of trees greater than six-inches DBH on private lands zoned C-l, E-l, M-l,
CM, or HC.
30
2. Removal of trees greater than six-inches DBH on lots zoned R-2, R-3, and R-1-3.5
that are not occupied solely by a detached single familysingle-family detached
6873
ORDINANCE NO. # Page of
dwelling and associated accessory structures including accessory residential
1
units, or by a duplex.
Commented \[mh23\]:
Allowances for duplex have to be
2
the same as for a detached single-family dwelling per new
3. Removal of significant trees, as defined in part 18.6, on vacant propertyzoned for
state requirements in HB 2001 and OAR 660 Division 46.
3
residential purposes including but not limited to R-1, RR, WR, and NM zones.
4
4. Removal of significant trees as defined in part 18.6, on lands zoned SOU, on lands
under the control of the Ashland School District, or on lands under the control of the
5
City.
6
5. Tree Topping Permit.
7
C. Exempt From Tree Removal Permit. The following activities are exempt from the
8
requirement for a tree removal permit in 18.5.7.020.A, subsections A. and B, above.
9
1. Those activities associated with the establishment or alteration of any park under
the Ashland Parks and Recreation Commission. However, the Parks and
10
Recreation Department shall provide an annual plan in January to the Tree
11
Commission outlining proposed tree removal and topping activities, and reporting
on tree removal and topping activities that were carried out in the previous year.
12
2. Removal of trees in single familysingle-family residential zones on lots occupied
13
only by a detached single-family single family detached dwelling and
14
associated accessory structures including accessory residential units, or by a
duplex, where the property is less than twice the minimum lot size or otherwise
15
ineligible to be partitioned or subdivided, except as otherwise regulated by
16
chapters 18.3.10 Physical and Environmental Constraints and 18.3.11 Water
Resource Protection Zones.
17
3. Removal of trees in multi-familymultifamily residential and health care zones on
18
lots occupied only by a detached single-family single family detached dwelling
19
and associated accessory structuresincluding accessory residential units, or
by a duplex, where the property cannot be further developed with additional
20
dwelling units other than an accessory residential unitor a duplex, except as
21
otherwise regulated by chapters 18.3.10 Physical and Environmental Constraints
and 18.3.11 Water Resource Protection Zones.
22
4. Removal of trees less than six-inches DBH in any zone, excluding those trees
23
located within the public right of way or required as conditions of approval with
24
landscape improvements for planning actions.
25
5. Removal of trees less than 18 caliper inches in diameter at breast height (DBH)
on any public school lands, Southern Oregon University, and other public land,
26
excluding Heritage trees.
27
6. Removal of trees within the Wildfire Lands area of the City, as defined on adopted
28
maps, for the purposes of wildfire fuel management, consistent with the fuel
modification area standards in 18.3.10.100, and in accord with the requirements of
29
chapters 18.3.10 Physical and Environmental Constraints and 18.3.11 Water
30
Resource Protection Zones.
7. Removal of dead trees.
6973
ORDINANCE NO. # Page of
8. Those activities associated with tree trimming for safety reasons, as mandated by
1
the Oregon Public Utilities Commission, by the City's Electric and
2
Telecommunication Utility. However, the Utility shall provide an annual plan to the
3 Tree Commission outlining tree trimming activities and reporting on tree trimming
activities that were carried out in the previous year. Tree trimming shall be done, at
4
a minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will be
5
done in conformance and to comply with OPUC regulations.
9. Removal of street trees within the public right-of-way subject to street tree removal
6
permits in AMC 13.16.
7
10. Those activities associated with tree trimming or removal at the Airport, within the
8
Airport (A) overlay zone for safety reasons, as mandated by the Federal Aviation
Administration. The Public Works Department shall provide an annual report to the
9
Tree Commission outlining tree trimming activities and reporting on tree trimming
10
activities that were carried out in the previous year.
11
D. Other Requirements.
12
1. Flood Plain, Hillsides, and Wildfire. Tree removal in the Physical and
Environmental Constraints Overlay (i.e., areas identified as Flood Plain Corridor
13
Land, Hillside Lands, Wildfire Lands and Severe Constraint Lands) must also
14
comply with the provisions of chapter 18.3.10 Physical and Environmental
Constrains Overlay.
15
2. Water Resources. Tree removal in regulated riparian areas and wetlands must also
16
comply with the provisions of chapter 18.3.11 Water Resources Protection Zones.
17
18
SECTION 23.
Section 18.6.1.030 \[Definitions Definitions\] of the Ashland Land Use
Ordinance is hereby amended to read as follows:
19
20
18.6.1.030 Definitions
21
The following definitions are organized alphabetically.
22
23
Basement. That portion of a building with a floor-to-ceiling height of not less than six-and-
24
a-half6½ feet, where the perimeter walls do not exceed 12 feet above finished grade
at any point, and where 50 percent or more of its perimeter walls are less than six feet
25
above natural grade.
26
27
Dwelling. A structure conforming to the definition of a dwelling under applicable building
28
codes and providing complete, independent living facilities for one family, including
permanent provisions for living, sleeping, eating, cooking, and sanitation. Buildings
29
with more than one set of cooking facilities are considered to contain multiple dwelling
30
units or accessory dwelling units, as applicable, unless the additional cooking
facilities are clearly accessory to the primary use, suchas an outdoor grill or wet bar.
For the purposes of this ordinance, the following types of dwelling units are defined as
7073
ORDINANCE NO. # Page of
follows.:
1
- AccessoryResidential Unit. A secondary dwelling unit on a lot where the
2
primary usestructure is a single-family dwelling, and the secondary dwelling
3
meets the size requirements and standards in section 18.2.4.040. The
Commented \[mh24\]:
Size requirements differentiate an
accessory residential unit can be either attached to a single-family dwelling, ARU from a duplex.
4
within a portion of an existing single-family dwelling (i.e. conversion of gross floor
5
area within the primary residence), or located in adetached buildinglocated on
the same lot, andhaving an independent means ofaccess (i.e., door).
6
- Duplex Dwelling. A structure that contains two dwelling units located on one
7
lot. The units must share a common wall or common floor/ceiling.Two
8
dwellings on one lot in any configuration including either in attached or
detached structures. Two attached dwellings in a stand-alone structure that
9
is included in a multifamily development of three or more units shall be
10
considered multifamily dwellings and shall not be considered a duplex.
11
- Clustered Residential Units (Normal Neighborhood District). Multiple
dwellings grouped around common open space that promote a scale and
12
character compatible with single-family dwellings. Units are typically
13
arranged around a central common green under communal ownership.
Automobile parking is generally grouped ina shared area or areas.
14
Commented \[mh25\]:
Moved from Normal Neighborhood
Plan chapter.
- Cottage. A single-family dwelling up to 1,000 square feet in size, located in a
15
cottage housing development, and developed in accordance with section
16
18.2.3.090.
17
- Manufactured Home. A structure constructed for movement on the public
highways that has sleeping, cooking, and plumbing facilities, that is intended for
18
human occupancy, that is being used for residential purposes, and that was
19
constructed in accordance with federal manufactured housing construction and
safety standards and regulations in effect at the time of construction.
20
- Mobile Home. A structure constructed for movement on the public highways that
21
has sleeping, cooking, and plumbing facilities, that is intended for human
22
occupancy, that is being used for residential purposes, and that was constructed
between January 1, 1962, and June 15, 1976, and met the construction
23
requirements of Oregon mobile home law in effect at the time of construction.
24
- Multifamily Dwelling. A dwelling in a structure or grouping of structures
25
containing two or more dwelling units located on one lot. Three or more
dwellingson one lot in any configuration including either in attached or
26
detached structures. Two attached dwellings included in a mutltifamily
27
development of three or more units shall not be considered a duplex.
28
- Senior Housing. Housing designated and/or managed for persons over a
specified age. Specific age restrictions vary, and uses may include assisted living
29
facilities, retirement homes, convalescent or nursing homes, and similar uses not
30
otherwise classified as Residential Homes or Residential Facilities.
- Single-FamilySingle-family Dwelling. A detached or attached structure
7173
ORDINANCE NO. # Page of
containing one dwelling unit located on its ownone lot.
1
2
Floor Area. The area of an enclosed floor measured from the exterior faces of exterior
3
walls or from the center line of walls separating two buildings.
4
- Gross Floor Area. The sum of the gross horizontal areas of all enclosed floors
5
measured from the exterior faces of exterior walls or from the center line of walls
separating two buildings, but excluding basements, attic space providing structural
6
head room of less than six-and-a-half6½ feet, and unenclosed steps, porches,
7
terraces and balconies. Individual sections of this ordinance may exempt additional
spaces from gross floor area.
8
- Gross Habitable Floor Area. The sum of the gross horizontal areasof all
9
enclosed floors with at least seven feet of headroom in a dwelling unit measured
10
from the exterior faces of exterior walls or from the center line of walls separating
two buildings, excluding uninhabitable spaces accessed solely by an exterior door.
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- Maximum Permitted Floor Area (MPFA). The gross floor area of the primary a
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dwelling, including but not limited to potential living spaces within the structure with
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at least seven feet of head room and attached garages. Basements, detached
garages, detached accessory structures, and detached accessory residential
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units are not counted in the gross floor area for the MPFA calculation if
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separated from the by six feet or more. Similarly, unenclosed breezeways,
and similar open structures connecting an exempt detached structure to the
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primary dwelling not counted in the MPFA calculation.See section
Commented \[mh26\]:
Standard from 18.2.5.070.E. deleted
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18.25.070.E for exceptions to MPFA. from definition.
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SECTION 24. Codification.
In preparing this ordinance for publication and distribution,
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the City Recordershall not alter the sense, meaning, effect, or substance of the ordinance,
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but within such limitations, may:
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(a)
Renumber sections and parts of sections of the ordinance;
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(b)
Rearrange sections;
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(c)
Change referencenumbers to agree with renumbered chapters, sections or other
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parts;
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(d)
Delete references to repealed sections;
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(e)
Substitute the proper subsection, section, or chapter numbers;
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(f)
Change capitalization and spelling for the purpose of uniformity;
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(g)
Add headingsfor purposes of grouping like sections together for ease of reference;
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and
(h)
Correctmanifest clerical, grammatical, or typographical errors.
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SECTION 25.Severability.
2 Each section of this ordinance, and any part thereof, is
3 severable, and if anypart of this ordinance is held invalid by a court ofcompetent
4 jurisdiction, the remainder of this ordinance shall remain in fullforce and effect.
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6 The foregoing ordinance was first read by title only in accordance with Article X, Section
72(C) of the City Charter on the _____day of ____________, 2021, and duly PASSED and
8 ADOPTED this ____ day of _____________, 2021
.
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_______________________________
Melissa Huhtala, City Recorder
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SIGNED and APPROVED this day of ____________, 2021.
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________________________
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Julie Akins, Mayor
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Reviewed as to form:
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______________________________
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David H. Lohman, City Attorney
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