HomeMy WebLinkAbout2018-02-27 Planning PACKET
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ASHLAND PLANNING COMMISSION
STUDY SESSION
February 27, 2018
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street.
II. ANNOUNCEMENTS
III. PUBLIC FORUM
A. Update on Wildfire Lands Ordinance Revisions
A.
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: 2/27/2018
TO: Planning Commission
FROM: Brandon Goldman, Senior Planner
RE: Development Standards for Wildfire Lands ordinance amendments
SUMMARY
General discussion regarding modification of the adopted Wildfire Lands boundary map, and
potential amendments to the Development Standards for Wildfire Lands (Chapter 18.3.10.100)
Currently requirements for Fire Prevention and control Plans, and Fuel Breaks, only apply to
properties within the existing Wildfire Lands area. It is the recommendation of Ashland Fire &
Rescue that all areas within the city limits be declared a wildfire lands, amending the current
Wildfire Lands boundary as set forth in 1992.
BACKGROUND
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Ashland Fire and Rescue originally presented a proposal to the City Council on April 15, 2014
requesting staff prepare a modification of the Physical and Environmental Constraints Map to
ds to incorporate the entire City
(attached map). Such a map amendment is a legislative Land Use action requiring the
approval of an ordinance, with public hearings before the Planning Commission and City
Council.
In review of the existing development standards for Wildfire Lands, Ashland Fire and Rescue
identified a number of potential changes to the existing code to be considered as part of the
legislative amendment process underway. Proposed code revisions would serve to both clarify
the submittal requirements for a Fuel Prevention and Control Plan, as well as establish new
requirements for the implementation of required fuel breaks not presently codified within the
currently adopted Land Use Ordinance (18.3.10.100 attached).
The Planning Commission discussed the expansion of the Wildfire Lands boundary at Study
Sessions on June 24, 2014, February 24, 2015, November 24, 2015, and February 23, 2016.
Following the Planning Commissions last study session the Mayor convened an ad-hoc wildfire
hazard committee (comprised of City staff, representatives from the Tree, Planning, and
Wildfire Mitigation Commissions).
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Ashland Fire and Rescue, and the wildfire hazard committee, also worked with an organization
called Community Planning Assistance for Wildfire (CPAW) to evaluate s risks
and to provide s existing and proposed wildfire development
standards. visited Ashland to
inform their recommendations intended to ensure wildfire is considered alongside other
community planning priorities. The CPAW report is attached to this memo.
In consideration of the wildfire risk facing the community, the ad-hoc wildfire hazard committee
is developing a multi-faceted approach to reducing risks throughout the City. This approach
includes:
creating a community information program where residents can review a new
parcel based wildfire risk assessment map to determine and address their
individual risk factors,
establishing a voluntary fuels reduction program facilitated by the City,
expanding the existing wildfire overlay zone to newly include all properties within
the City,
adopting by ordinance a prohibited flammable plant list, which would preclude
such highly flammable plants from being newly planted within 30 feet of any
structure within the City,
adopting land use ordinance amendments that establish standards for fire
prevention and control plans, and fuel management requirements, that are to be
carried out in conjunction with new development activities within the City.
Wildfire Development Standards
The expansion of the Wildfire Lands boundary would have development implications for all
properties within the City Limits that due to their inclusion they would become regulated under
AMC Chapter 18.3.10.100 \[Development Standards for Wildfire Lands\].
A Fire Prevention and Control Plan would be required with applications to partition
properties, subdivisions, or to obtain site review approval (commercial or multi-family
developments) with the exception of Accessory Residential Units.
A Fuel Break would be required of all properties obtaining building permits for new
construction.
New or re-roofed structures could not use combustible roofing material as defined by
the Oregon Revised Specialty building code.
The version of the ordinance presented to the Planning and Tree Commission at prior study
sessions has been substantially modified to address vegetation management standards in
consideration of the potential impacts upon small parcels within the City. Specifically a
number of revisions to the draft fuel modification area standards aim to establish fuels
reduction requirements that more clearly distinguish between the risk posed by highly
flammable plants and trees and those shrubs and trees that are more fire resistant, as well as
to provide flexibility to address specific site conditions.
Trees that are fire resistant trees (e.g. Oak, Madrone):
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eliminated, now it simply requires limbs not be in direct contact with the roof or
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
The separation between the canopies of fire resistant trees has been eliminated,
o
thereby allowing such trees to have interlocking canopies.
Trees that are on the prohibited plant list (e.g. Fir, Pine):
The previously separation between the tree canopy and
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wildfire hazard committee and Fire
recommendations.
Plants identified on the proposed Prohibited Flammable Plant List, shall not be
newly
structure they are to
maturity.
Fire resistant shrubs and bushes have no separation requirement so could form
hedges and privacy screens.
The vertical clearance between the top of understory vegetation and the lowest tree
limbs shall be at least three times the height of vegetation where either the tree or
Flammable Plant list. If both the tree and
the shrub are fire resistant, then no ladder fuel vertical clearance would be required.
The prior draft prohibition of any combustible natural or manmade material
within three feet of a structure. This provision has been amended to allow fire resistant
shrubs and ground covers within this area. Plants listed on the prohibited flammable
plant list would still be prohibited within this high risk area, which was increased to 5
feet of a structure. However, in the event the structure has a fire resistant exterior (i.e.
stucco, brick, concrete block, metal siding, etc), then combustible material such as bark
could be located within this area under a demonstration that it would not pose a risk.
The requirement to complete fuel management within for the full extent of a property
when a new building (sfr, mfr, commercial) is developed is still required, as was the
case in the prior version of the ordinance. In the event an addition, deck, or detached
accessory structure over 200 sq.ft. is to be built, the required fuel management area in
this draft has been reduced to apply only in new
construction, not the full extent of the property.
The draft ordinance newly includes a mechanism to allow general fuel management
area standards, and fire prevention and control plan requirements, to be waived or
reduced if the Staff Advisor, in consultation with the Fire Code Official, provided it can
be determined that the nature of the development proposed in the project application
does not constitute an increased risk to the spread of wildfire. This section introduces
more flexibility than was provided in the 2016 draft ordinance to consider the existing
conditions on a case by case basis.
Prohibited Flammable Plant List
The proposed Prohibited Flammable Plant List is presented to identify which plants should not
be newly planted, would need to be thinned, or potentially removed within a general fuel
management area in conjunction with the issuance of a building permit. This limitation
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
regarding species that could be included in landscape plan would apply to construction activity
that triggers the fuel management area requirements (18.3.10.100.B) and would have to be
addressed on a required Fire Prevention and Control Plan. The prohibition on newly planting
such highly flammable plants would apply city-wide, as codified the Public Health and Safety
chapter (Ch..9) of the Municipal Code, if so approved by Council as a new policy. The draft
Prohibited Flammable Plant List was reviewed by the conservation division, AFR, and the ad-
hoc wildfire hazard committee. The revised list is attached.
Next Steps
The materials presented to the Planning Commission at this evenings study session remain a
work in progress. This study session provides an opportunity for initial review and discussion
in anticipation of another study session on this topic with the Planning Commission scheduled
th
for March 27, 2018. Following Study Sessions with the Tree Commission and City Council, a
formal hearing on the proposed amendments is expected to be scheduled before the Planning
Commission on June 12, 2018.
Attachments
:
Draft Amendments to 18.3.10.100 - Development Standards for Wildfire Lands
Draft Amendments to other sections of the Ashland Land Use Ordinance relating to
Wildfire development standards:
Draft Amendments to 18.3.10.090 - Development Standards for Hillside Lands
o
Draft Amendments to 18.4.3.080 - Vehicle Area Design
o
Draft Amendments to 18.5.3.060 - Additional Preliminary Flag Lot Partition Plat
o
Criteria
Draft Amendments to 18.5.7 Tree Removal Permits
o
Draft Prohibited Flammable Plant List
Community Planning Assistance for Wildfire (CPAW) Memo dated January 2017
Community Planning Assistance for Wildfire (CPAW) Best Practices Report dated April
2017
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
DRAFT
Wildfire Ordinance Amendments
February 27, 2018
18.3.10.100 Development Standards for Wildfire Lands
It is the purpose of the Development Standards for Wildfire Lands to provide
supplementary development regulations to underlying zones to reduce or minimize the
potential impacts of wildfire on properties, the occupants of properties and the
occupants of adjacent properties, as well as to facilitate access to manmade structures
by firefighters in the event of a wildfire.
A. Requirements for SubdivisionsPerformance Standards Developments,
,
Site Design Review or Partitions.
1. Applicability. A Fire Prevention and Control Plan shall be required with the
submission of any application for an outline plan approval of a Performance
Standards Development, preliminary plat of a subdivision, Site Design Review
(except for Site Design Review of Accessory Residential Units) or land partition.
2. Submission Requirements. The Fire Prevention and Control Plan, prepared at the
same scale as the development plans, shall address the General Fuel Modification
Area Requirements outlined in 18.3.10.100.B and include the submission materials
listed below. The Staff Advisor may waive a submission requirement if the Staff
Advisor determines it is not reasonably necessary in order to make a decision on
the application.
a. The location and dimensions of all existing and proposed structures, parking
areas and driveways on the property.
b. The location, dimension, and grade of fire apparatus access roads and
driveways serving all structures on the property.
c. The location and dimensions of all structures upon adjoining properties
located within 30 feet of a shared property line.
d. The location of all existing and proposed fire hydrants.
e. Site contours showing two foot intervals detailing elevation and slope.
f. A tree and vegetation management plan showing:
i Areas where shrubs and bushes will be removed including a
description of the species and size,
ii. Areas where trees will be removed to reduce interlocking tree
canopies including a description of the species and diameter at
breast height (DBH),
iii. New trees, shrubs and bushes to be planted including the species,
location and size at maturity,
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iv. Significant trees to be retained.
g. The location of and information addressing required general fuel modification
area setback areas as described in subsection 18.3.10.100.B.
h. A schedule and timetable for vegetation removal and thinning shall be
included in the Fire Prevention and Control Plan. An exception to the
implementation schedule may be granted by the Fire Code Official.
3. Approval Criteria. The hearing authority, in consultation with the Fire Code Official,
shall approve the Fire Prevention and Control Plan when, in addition to
demonstrating compliance with the standards required by this chapter, it is found
that the wildfire hazards present on the property have been reduced to a
reasonable degree, balanced with the need to preserve and/or plant a sufficient
number of trees and plants for erosion prevention, wildlife habitat, enhancement of
water resources, and aesthetics.
a. In order to meet the purpose and standards of this chapter the hearing
authority, in consultation with the Fire Code Official, may require the
following through the imposition of conditions attached to the approval.
i. Delineation of areas of heavy vegetation to be thinned and a formal
plan for such thinning.
ii. Clearing of sufficient vegetation to reduce fuel load.
iii. Removal of all dead and dying trees.
iv. Relocation of proposed structures and roads to reduce the risks of
wildfire and improve the chances of successful fire suppression.
4. Fire Prevention and Control Plan Maintenance. The property owner of a lot, or
Home Owners Association for areas held in common, shall be responsible for
maintaining the property in accord with the requirements of the Fire Prevention and
Control Plan approved by the hearing authority.
a. Provisions for the maintenance of a required Fire Prevention and Control
Plan shall be included in the covenants, conditions and restrictions for the
development, or otherwise recorded in the Jackson County real property
records, and the City shall be named as a beneficiary of such covenants,
restrictions, and conditions.
B. Requirements for Construction of All Buildings and Decks.
1. Applicability. A fuel modification area is defined as an area either natural or
manmade, where material capable of allowing a fire to spread unchecked has been
treated, cleared or modified to slow the rate and intensity of an advancing wildfire
and to create an area for fire suppression operations. Establishment of a fuel
modification area does not involve stripping the ground of all native vegetation. A
fuel modification area shall be required for the following construction:
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a. All new buildings that increase lot coverage by 200 square feet or greater,
shall have a fuel modification area covering the full extent of the property.
b. Decks, additions to existing buildings, and detached accessory structures
which increase lot coverage by 200 square feet or greater, shall have a fuel
modification area extending 30 feet from the furthest extent of the addition,
deck, or accessory structure, or to the property line, whichever is less.
2. General Fuel Modification Area Requirements. To reduce fire spread both from
and to structures on the property, and to adjoining properties, the establishment
and maintenance of a fuel modification area requires the following:
a. All standing dead and dying vegetation shall be removed from the property,
except when considered ecologically beneficial.
b. Newly planted vegetation within 30 feet of any building or deck shall not
setback distance shall be increased by ten feet for each ten percent increase
in the average slope of the property over ten percent.
c. Within five feet of a new building, addition, or deck, existing vegetation listed
shall be removed, with the
exceptions of significant trees as defined in part 18.6.
d. Within five feet of a new building, addition, or deck, combustible man-made
and natural materials are prohibited, including but not limited to bark mulch,
stored wood, and accumulation of dry leaves and needles, with the following
exceptions;
i. Combustible materials may be permitted within five feet of a
structure when approved by the Staff Advisor in consultation with the
Fire Code Official, has determined the portion of the structure
adjoining the combustible material is constructed with ignition
resistant building materials sufficient to reduce the spread of fire
from the combustible materials.
e. Existing trees,
List shall be maintained to provide a clearance from new structures, and
additions, as follows:
i. Ten (10) feet horizontal clearance from a chimney outlet. At no time
shall tree crowns or limbs extend into the vertical plane of a chimney
outlet.
ii. Ten (10) feet above the roof of a new building, or addition.
iii. Ten (10) feet from the furthest extension of a new building, or
addition or deck.
iv. In circumstances where meeting the clearance from structures
requirements of 18.3.10.100.B.2.d. i-iii, would compromise the
health and survival of existing trees, the Staff Advisor may modify
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those requirements, but at a minimum the trees shall be maintained
consistent with 18.3.10.100.B.2.i.
f. Canopy spacing of the outermost limbs of
Flammable Plant List shall be separated by at least ten (10) feet at mature
size.
i. Groups of trees in immediate proximity to each other may be
considered as one tree canopy when approved by the Staff Advisor
in consultation with the Fire Code Official.
ii. Canopy spacing requirements do not apply to significant trees, as
defined in part 18.6, or trees that
Prohibited Flammable Plant List.
g. Prohibited
Flammable Plant List, shall be maintained to provide clearance
from structures as follows:
i. 10 feet horizontal clearance from a chimney outlet. At
no time shall tree crowns or limbs extend into the
vertical plane of a chimney outlet.
ii. Tree limbs shall be pruned to ensure they do not touch
any part of a structure including but not limited to roofs,
eaves, and decks.
h. Shrubs and bushes Prohibited Flammable
Plant List, shall:
i. not be planted within 30 feet of any building or deck;
ii. be
separated by a minimum of two times the height at maturity.
i. Existing trees which are Prohibited Flammable Plant
List shall be pruned up to a minimum eight feet above grade, or 1/3 of the
tree height, whichever is less.
j. The vertical clearance between the top of understory vegetation within the
drip line of a tree, and the lowest tree limbs shall be at least three times the
Prohibited Flammable Plant list.
k. Where necessary for erosion control, slope stability, riparian and wetland
preservation and enhancement, performing functions considered beneficial
in water resource protection, or aesthetic purposes, existing vegetation may
be allowed to be retained consistent with an approved Fire Prevention and
Control Plan, or upon written approval of the Staff Advisor in consultation
with the Fire Code Official.
l. Fuel Modification in areas which are also classified as Hillside Lands or
Water Resource Protection Zones, shall be included in the erosion control
measures outlined in section 18.3.10.090 Development Standards for
Hillside Lands and Management Plan for Water Resource Protection Zones
in 18.3.11.110.
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m. Fuel Modification Areas may include other structures, and shall not limit
distance between structures and residences beyond that required by other
sections of this ordinance.
3. Roofing. Where 50% or more of a structures roof area is replaced within a five
year period, the roof covering shall be constructed or re-roofed with a Class B or
better roof covering. All re-roofing of existing structures in the Wildfire Hazard Zone
shall be done under approval of a zoning permit.
C. Implementation.
1. For lands required to comply with subsection 18.3.10.100.A. that have been
partitioned, subdivided or received site design review, all requirements of the Fire
Prevention and Control Plan shall be complied with prior to bringing combustible
materials onto the property.
2. The Fire Prevention and Control Plan must be implemented during installation of
public or private utilities and site improvements required of a subdivision, partition,
Site Design Review or Performance Standards Development, and shall be
ions for land development.
a. The plan shall be implemented prior to final plat approval for lots created by
partitions and for subdivisions or Performance Standards developments not
requiring public improvements. The Fire Code Official, or designee, shall
inspect and approve the implementation of the Fire Prevention and Control
Plan, and the plan shall not be considered fully implemented until the Fire
Code Official has given written notice to the Staff Advisor that the plan was
completed as approved by the hearing authority, or as amended in
accordance with subsection 18.3.110 D.
b. Final inspection of requisite fuel modification areas will be conducted prior to
bringing combustible materials onto the property to verify compliance with
the fuel reduction standards set forth in subsection 18.3.10.100 B.
3. For all construction requiring a general fuel modification area, the establishment the
fuel modification area provided for in section 18.3.10.100 B shall be completed
before bringing combustible materials onto the property. Upon completion of the
construction, all general fuel modification area tree and shrub clearance
requirements shall be verified. The property owner, or subsequent property
owners, shall be responsible for maintaining the property in accord with the
requirements of the General Fuel Modification Area as defined in 18.3.10.100.B.2.
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D. Adjustments to a Fire Prevention and Control Plan and General Fuel
Modification Area Requirements.
Adjustments to the requirements of this section may be permitted if the Staff Advisor,
in consultation with the Fire Code Official, has determined that the nature of the
development proposed in the project application does not constitute an increased risk
to the spread of wildfire, and the following conditions are met:
1. The Fire Prevention and Control Plan Adjustments. Adjustments to the
requirements of this section 18.3.10.100.A may be permitted if the following
conditions are met:
a. A written request is filed with the Staff Advisor giving the reason why
requirements for a Fire Prevention and Control Plan should be reduced or
waived.
b. The Fire Code Official, or designee, has inspected the property and has
provided the Staff Advisor with a written evaluation of the properties existing
conditions including the following:
i. A determination that the existing separation between existing trees and
shrubs is sufficient to reduce the risk of fire spread.
ii. A determination that the property is free of dead, dying, or severely
diseased, shrubs bushes and trees.
iii. A determination that existing conditions, including fire apparatus access
and hydrant locations, afford firefighters access to manmade structures in
the event of a wildfire.
2. Fuel Modification Area Reduction. The General Fuel Modification Area
requirements outlined in 18.3.10.100.B.2 may be reduced or waived when
approved by the Staff Advisor in consultation with the Fire Code Official, provided it
is demonstrated that the fire risk has been reasonably reduced such as in cases
where ignition resistant materials and construction methods, or vegetation type and
exposure
E. Minor Amendments.
Changes to an approved Fire Prevention and Control Plan
and General Fuel Modification Area requirements shall comply with the following
procedures:
1. The following minor amendments are subject to ministerial approval by the Staff
Advisor with written concurrence from the Fire Code Official:
a. A change in the implementation schedule provided within an approved Fire
Prevention and Control Plan.
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b. A delay in the implementation of required fuels reduction in consideration of
weather conditions, and fire hazard potential, during the period of construction.
c. The retention of existing non-fire resistant plants, or planting of new non-fire
resistant plants, within thirty (30) feet of a structure.
d. A reduction of the requisite fuel modification area to address observed field
conditions including preservation of riparian, wetland, and slope stabilizing
vegetation.
e. A reduction of the requisite fuel modification area in recognition of the use of
fire resistant materials and construction methods that function to provide the
structure with reduced exterior wildfire exposure.
f. A change in the Fire Prevention and Control Plan that results in a tree canopy
separation of less than ten (10) feet between the outermost limbs of trees which
areProhibited Flammable Plant List.
f. The temporary storage of combustible materials on a property prior to
completion of a Fire Prevention and Control Plan or establishment of a required
fuel modification area.
g. A reduction of the spacing between the top of the understory vegetation and the
lowest tree limbs not meeting the requirements of section 18.3.10.100.B.2.
F. Exceptions to a Fire Prevention and Control Plan and General Fuel
Modification Area Requirements.
The following exceptions are subject to approval
through a Type I Procedure:
1. An action prescribed by 18.3.10.100 that includes the removal of trees
designated to be retained as part of an approved Planning Action.
2. A change that includes the removal of native vegetation within a Water
Resources Protection Zone.
3. A change in the Fire Prevention and Control Plan not specifically listed under
18.3.10.100 D1
4. Tree removal on C-1, C-1-D, E-1, CM, M-1, HC, R-2, R-3, and NN-2, zoned
properties subject to Tree Removal Permit requirements set forth in chapter
18.5.7.
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Additional Land Use Ordinance Sections to be amended in
association with the proposed Wildfire Standards.
18.3.10.020
A. Physical Constraints Review Permit.
Applicability
3. Tree Removal.
a. Flood Plain Corridor Land. The following tree removal activities in
areas identified as Flood Plain Corridor Land. See also, subsection
18.3.11.050.A.1 for tree pruning and removal standards in water
resource protection zones.
i. The removal of three or more living trees of over six inches DBH,
or the removal of five percent of the total number of living or dead
trees over six inches DBH, whichever is greater, on any lot within
five year period, or any form of commercial logging.
a trunk 18
ii. The removal of one or more living conifers having
caliper inches or larger in diameter at breast height (DBH),
and broadleaf trees having a trunk 12 caliper inches or larger
at breast height (DBH).
greater than two feet DBH, or living
broadleaf trees greater than one foot DBH.
b. Hillside Land and Severe Constraints Land. Tree removal, in areas
identified as Hillside Land and Severe Constraint Land, except that a
permit need not be obtained for tree removal that is not associated
with development, and done for the purposes of wildfire management
and carried out in accord with a Fire Prevention and Control Plan,
provided one or more of the following
approve by the Fire Chief.
conditions is met:
i. The tree removal is carried out in accord with an approved
Fire Prevention and Control Plan.
ii. The tree removal is recommended by the Fire Code Official,
and approved by the Staff Advisor, as part of a
comprehensive fuels reduction strategy to implement a
General Fuel Modification Area consistent with 18.3.10.100.
18.3.10.040 Application Submission Requirements
The following information is required for a Physical Constraints Review Permit
, except where the Staff Advisor determines a submission
application:
requirement is not reasonably necessary in order to make a decision on the
application.
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18.3.10.090 Development Standards for Hillside Lands
D. Tree Conservation, Protection and Removal.
All development on Hillside Lands
shall conform to the following requirements.
1. Inventory of Existing Trees. A tree survey at the same scale as the project
site plan shall be prepared, which locates all trees greater than six inches
diameter at breast height (DBH) identified by DBH, species, approximate
extent of tree canopy. In addition, for areas proposed to be disturbed,
existing tree base elevations shall be provided. Dead or diseased trees
shall be identified. Groups of trees in close proximity (i.e., those within
five feet of each other) may be designated as a clump of trees, with the
predominant species, estimated number and average diameter indicated.
All tree surveys shall have an accuracy of plus or minus two feet. The
name, signature, and address of the site surveyor responsible for the
accuracy of the survey shall be provided on the tree survey. Portions of
the lot or project area not to be disturbed by development need not be
included in the inventory.
2. Evaluation of Suitability for Conservation. All trees indicated on the
inventory of existing trees shall also be identified as to their suitability for
conservation. When required by the hearing authority, the evaluation
shall be conducted by a landscape professional. The following factors
shall be included in this determination.
a. Tree Health. Healthy trees can better withstand the rigors of
development than non-vigorous trees.
b. Tree Structure. Trees with severe decay or substantial defects are
more likely to result in damage to people and property.
c. Species. Species vary in their ability to tolerate impacts and damage
to their environment.
d. Longevity. Potential longevity.
e. Variety. A variety of native tree species and ages.
f. Size. Large trees provide a greater protection for erosion and shade than
smaller trees.3. Tree Conservation in Project Design. Significant trees
having a trunk 18 caliper inches or larger in diameter at breast
height (DBH) (two feet
DBH or greater conifers and one foot DBH or
, and broadleaf trees having a trunk 12 caliper
greater broadleaf)
inches or larger in diameter at breast height (DBH),
shall be
protected and incorporated into the project design whenever possible.
a. Streets, driveways, buildings, utilities, parking areas, and other site
disturbances shall be located such that the maximum number of
existing trees on the site are preserved, while recognizing and
following the standards for fuel reduction if the development is
located in
b. Building envelopes shall be located and sized to preserve the
maximum number of trees on site while recognizing and following
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the general fuel modification standards per 18.3.10.100 if the
development is located in Wildfire Lands.
c. Layout of the project site utility and grading plan shall avoid
disturbance of tree protection areas.
Unchanged
4.
5. Tree Removal. Development shall be designed to preserve the maximum
number of trees on a site. The development shall follow the standards for
fuel reduction if the development is located in Wildfire Lands. When
justified by findings of fact, the hearing authority may approve the
removal of trees for one or more of the following conditions.
a. The tree is located within the building envelope.
b. The tree is located within a proposed street, driveway, or parking area.
c. The tree is located within a water, sewer, or other public utility
easement.
d. The tree is determined by a landscape professional to be dead or
diseased, or it constitutes an unacceptable hazard to life or property
when evaluated by the standards in 18.3.10.090.D.2.
e. The tree is located within or adjacent to areas of cuts or fills that are
deemed threatening to the life of the tree, as determined by a
landscape professional.
f. The tree is identified for removal as part of an approved fire
prevention and control plan per section 18.3.10.100.A, or as
recommended by the Fire Code Official, and approved by the Staff
Advisor, as part of a comprehensive fuels reduction strategy to
implement a General Fuel Modification Area consistent with
18.3.10.100 B.
6. Tree Replacement. Trees approved for removal, with the exception of
or
trees removed because they were determined to be diseased, dead, a
, or to comply with general fuel modification requirements,
hazard
shall be replaced in compliance with the following standards.
a. Replacement trees shall be indicated on a tree replanting plan. The
replanting plan shall include all locations for replacement trees, and
shall also indicate tree planting details.
b. Replacement trees shall be planted such that the trees will in time
result in canopy equal to or greater than the tree canopy present prior
to development of the property. See Figure 18.3.10.090.D.6.b. The
canopy shall be designed to mitigate of the impact of paved and
developed areas, reduce surface erosion, and increase slope stability.
Replacement tree locations shall consider impact on the wildfire
prevention and control plan. The hearing authority shall have the
discretion to adjust the proposed replacement tree canopy based upon
site-specific evidence and testimony.
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c. Maintenance of replacement trees shall be the responsibility of the
property owner. Required replacement trees shall be continuously
maintained in a healthy manner. Trees that die within the first five
years after initial planting must be replaced in kind, after which a new
five-year replacement period shall begin. Replanting must occur within
30 days of notification unless otherwise noted.
18.4.3.080 Vehicle Area Design
E. Parking and Access Construction.
The development and maintenance as
provided below, shall apply in all cases, except single-family dwellings.
6. Walls and Hedges
a. Where a parking facility is adjacent to a street, a decorative masonry wall or
evergreen site-obscuring fire resistant
hedge screen between 30 and 42
inches in height and a minimum of 12 inches in width shall be established
parallel to and not nearer than two feet from the right-of-way line, pursuant to
the following requirements.
i. The area between the wall or hedge and street line shall be landscaped.
ii. Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
iii. All vegetation shall be adequately maintained by a permanent irrigation
system, and said wall or hedge shall be maintained in good condition.
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to allow access to the site and sidewalk by pedestrians, and shall
and
meet the vision clearance area requirements in section 18.2.4.040,
shall not obstruct fire apparatus access, fire hydrants, or other fire
appliances.
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
evergreenfire resistant
sight-obscuring fence, wall, or hedge shall be
provided, pursuant to the following requirements.
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
side of the property line, except that the height shall be reduced to 30
inches within a required setback area and within ten feet of a street property
line.
ii. Screen plantings shall be of such size and number to provide the required
screening within 12 months of installation.
iii. Adequate provisions shall be made to protect walls, fences, or plant
materials from being damaged by vehicles using said parking area.
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iv. Notwithstanding the above standards, the required wall or screening shall be
designed to meet the vision clearance area requirements in section
18.2.4.040.
v. The fence, wall, or hedge shall be maintained in good condition.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
N.
Both sides of the flag drive have been screened with a site-obscuring fence, wall or
evergreen fire resistant
hedge to a height of from four to six feet, except in the front
yard setback area where, starting five feet from the property line, the height shall be
from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be
to ensure fire apparatus access is not obstructed by the encroachment of
placed
mature landscapingat the extreme outside of the flag drive in order to ensure
.
adequate fire access
.
18.5.7 Tree Removal Permits
C. Exempt From Tree Removal Permit.
The following activities are exempt from
the requirement for a tree removal permit in 18.5.7.020.A, subsections A. and B,
above.
1. Those activities associated with the establishment or alteration of any
public park under the Ashland Parks and Recreation Commission.
However, the Parks and Recreation Department shall provide an annual
plan in January to the Tree Commission outlining proposed tree removal
and topping activities, and reporting on tree removal and topping
activities that were carried out in the previous year.
ineligible to
2. Removal of trees in single family residential zones on lots
be partitioned or subdivided, and
occupied only by a single family
detached dwelling and associated accessory structures, except as
otherwise regulated by chapters 18.3.10 Physical and Environmental
Constraints and 18.3.11 Water Resource Protection Zones.
and health care
3. Removal of trees in multi-family residential zones on lots
ineligible to be partitioned or subdivided and
occupied only by a
single family detached dwelling and associated accessory structures,
except as otherwise regulated by chapters 18.3.10 Physical and
Environmental Constraints and 18.3.11 Water Resource Protection
Zones.
4. Removal of trees less than six-inches DBH in any zone, excluding those
trees located within the public right of way or required as conditions of
approval with landscape improvements for planning actions.
caliper inches in diameter at breast
5. Removal of trees less than 18
height (DBH
)inches DBH on any public school lands, Southern Oregon
University, and other public land, excluding Heritage trees.
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6. Removal of trees within the Wildfire Lands area of the City, as defined on
consistent
adopted maps, for the purposes of wildfire fuel management
with the fuel modification area requirements in 18.3.10.100
, and in
accord with the requirements of chapters 18.3.10 Physical and
Environmental Constraints and 18.3.11 Water Resource Protection
Zones.
7. Removal of dead trees.
8. Those activities associated with tree trimming for safety reasons, as
mandated by the Oregon Public Utilities Commission, by the City's
Electric and Telecommunication Utility. However, the Utility shall provide
an annual plan to the 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 a minimum, by a
Journeyman Tree Trimmer, as defined by the Utility, and will be 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 permits in AMC 13.16.
Additional Ordinance amendments or resolutions
Chapter 9 Health and Safety
:
Ordinance and Resolution adopting Prohibited Flammable Plant List
Chapter 18.4.4 Landscaping, Lighting, and Screening
Ordinance currently under review to address highly flammable landscaping
and prohibited flammable plants
consistency with the proposed wildfire ordinance standards.
Chapter 18.5.1 General Procedures
Amend the procedures table 18.5.1.010 to add Fire Prevention and Control Plan
Minor Amendments (ministerial) and Exceptions (Type I)
Chapter 18.6 Definitions:
Significant Tree.
A tree having a trunk 18 caliper inches or larger in diameter at breast
height (DBH).
: listed on the Prohibited
Flammable Plant List.
(Reference to adopted Ch 9 list)
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tƩƚŷźĬźƷĻķ CƌğƒƒğĬƌĻ tƌğƓƷ \[źƭƷ
The use of the following landscape plants are restricted within the City of Ashland
Wildfire Lands overlay area per the general fuel break requirements set forth in Chapter
18.3.10.100 of the Ashland Land Use Ordinance.
ƩĻĻƭʹ
Arborvitae (Thuja sp.)
Cedar (Cedrus sp.) ĻǣĭĻƦƷźƚƓ ŅƚƩ ƦƩƚƭƷƩğƷĻ ƚƩ ķǞğƩŅ ǝğƩźĻƷǤ
Cedar/Cypress (Chamaecyparis sp.) ĻǣĭĻƦƷźƚƓ ŅƚƩ ƦƩƚƭƷƩğƷĻ ƚƩ ķǞğƩŅ ǝğƩźĻƷǤ
Cypress (Cupressus sp.)
Douglas fir (Pseudotsuga menziesi)
Fir (Abies sp.)
Hemlock (Tsuga sp.)
Juniper (Juniperus sp.)
Pine (Pinus sp.)
Sequoia (Sequoia sp.)
Spruce (Picea sp.)
Yew (Taxus sp.)
{ŷƩǒĬƭ
Blackberry (Rubus armeniacus)
Bitterbrush (Purshia tridentata)
Juniper (Juniperus sp.)
Manzanita (Arctostaphylos sp.) ĻǣĭĻƦƷźƚƓ ŅƚƩ YźƓƓźƉźƓƓźĭƉ
Oregon grape (Mahonia aquifolium) ĻǣĭĻƦƷźƚƓ
*Rosemary (Rosmarinus sp.) ĻǣĭĻƦƷźƚƓ
Sagebrush (Artemisia sp.)
Scotch broom (Cytisus scoparius)
Wild Lilac (Ceanothus sp.) ĻǣĭĻƦƷźƚƓ ŅƚƩ ƦƩƚƭƷƩğƷĻ ǝğƩźĻƷźĻƭ
DƩğƭƭĻƭ ğƓķ DƩƚǒƓķ /ƚǝĻƩ
Pampas grass (Cortaderia selloana)
*Single Rosemary plants may be incorporated in gardens
January 31, 2018
To:
Margueritte Hickman, Chris Chambers, Alison Lerch (City of Ashland, Fire & Rescue)
Brandon Goldman (City of Ashland, Planning Division)
From:
Community Planning Assistance for Wildfire
RE:
Preliminary Findings and Recommendations to the Draft Development Standards for
Wildfire Lands and Draft Fuel Break and Prohibited Plant List
Date:
January 10, 2017
Overview
The City of Ashland is currently engaged with the Community Planning Assistance for Wildfire
(CPAW) program to receive focused technical planning assistance to address the growing threat
of wildfire to the City of Ashland. As part of this process, CPAW team members Molly Mowery
and Kelly Johnston reviewed key draft planning documents under consideration by the City,
including the Draft Development Standards for Wildfire Lands (Section 18.3.10.100, dated
February 23, 2016), and the Draft Resolution Adopting the City of Ashland Fuel Break and
Prohibited Plant List.
This memo provides preliminary findings and recommendations for consideration by
planning division and fire department staff. These findings are intended to facilitate additional
discussion; any final recommendations to the City will be based on further discussion and
information obtained during an anticipated site visit. For questions regarding this memo, contact:
Molly Mowery, Wildfire Planning International, molly@wildfireplanning.com, 303-358-9589.
Preliminary Findings and Recommendations
18.3.10.100
A. Requirements for Subdivisions, Performance Standards Developments, Site Design
Review or Partitions
A.3.c.
It may not be necessary to show the location and dimensions of all structures upon
adjoining properties located within 30 ft. of a shared property line in cases where lot sizes are
large enough to have an independent defensible space. Instead, we recommend requiring Fire
Prevention and Control Plans to show the location and dimensions of all structures within 30 ft.
from the primary structure (including accessory structures and structures on neighboring lots
within 30 ft.).
A.3.d.vii.
confusion. The City should consider setting thresholds that define this term in the document.
applying subsections 3.d.i to 3.d.vii. to t,reframing
subsection 3.d.viii to substitute the term for . This option
allows for an assessment and plan development by a qualified professional which can account for
ecosystem and other objectives on large tracts of land.
CPAW Memo of Preliminary Findings and Recommendations to the City of Ashland January 10, 2017 Page 1
B. Requirements for Construction of All Structures
B.1.
as defined by the City, and consistent with the National Wildfire
NWCG) definition, is a completely acceptable term, it may not be the
most appropriate term may be interpreted by the
public as significant vegetation removal, creating the image of a substantial
vegetation.
or removal of fuels to reduce the likelihood of ignition and/or to lessen potential damage and
resistance to control (e.g., lopping, chipping, crushing, pil
B.1.a.
The City should consider not including a 200 sq. ft. threshold regarding new construction,
additions and conversions, as any addition or new structure within 30 ft. is a hazard to the
primary structure, unless mitigated. Alternatively, the City should retain the proposed language,
but consider additional language requiring a structure less than 200 sq. ft. be constructed to fire
resistant standards, including ignition resistant siding and Class B or better roofing and a
horizontal combustible material free zone of five ft. from the furthest horizontal extension of the
structure. This will minimize the impact of the new structure contributing to the current fuel
complex hazard.
B.2. General Fuel Break Requirements.
Again, we agree with this definition of a fuel break, but are not confident that the current
allowances for vegetation retention will result in the creation of fuel breaks. We therefore
recommend using the
which both are defined by the NWCG as
likelihood of ignition and/or to lessen potential damage and resistance to control (e.g., lopping,
B.2.a.
Consider expanding this provision to include exceptions outside of water resource
protection areas for cases when a dead or dying tree can provide ecological benefits. For
example: dying vegetation shall be removed from the property, except
when approved to be considered ecologically beneficial.
B.2.b.
In general, we recommend the City add
not only provide positive guidance, but
will also prevent the use of plants and trees that may have been inadvertently overlooked on the
We also recommend that all existing vegetation within five ft. of a structure be removed
(measured between the furthest horizontal extension of the structure and the closest horizontal
1
extension of the plant). This is based on current wildfire ignition science which establishes
minimum distances for vegetation bordering a structure, including attachments. If compromises
Њ
This is based on scientific experiments and case studies conducted by National Institute of Science and
Technology, USDA Forest Service and Insurance Institute of Business and Home Safety.
CPAW Memo of Preliminary Findings and Recommendations to the City of Ashland January 10, 2017 Page 2
are made to reduce this distance, we recommend that the City consider retaining a five ft. non-
- plants (or plants identified on the proposed
) to be no closer than three ft. from the closest part of the structure, if
--combustib from grade to
eaves (see B.2.c below).
B.2.c
. We recommend the City consistently usgnition-resistant,when referencing
construction materials, to align with common definitions and provide definable thresholds
(meeting testing requirements) on the products that are being used. As recommended above, we
also suggest that the City consider expanding the three ft. border to a five ft. non-combustible
border. Again, if compromises are made to reduce this distance, we recommend that the City
consider retaining the five ft. non-combustible surface, while allowing Fire-plants (or
plants ) to be no closer than three ft. from the
ignition--
We also recommend the City consider requiring the removal, or not allowing the placement, of
any shrubs within five ft.
trees that are within 30 ft. of a window.
30 ft.
of a window, unless it is a Significant tree, and/or can be pruned so that the crown base is five ft.
above the roof deck.
B.2.d.
We recommend the City consider adjusting language to require existing Prohibited trees
within 30 ft. of the structure be removed, with exceptions of those that are significant trees, or
where --ns, we
recommend that all retained Prohibited trees within 30 ft. be pruned to a minimum of five ft.
above the roof deck or 1/3 of the tree height, whichever is less.
B.2.e.
We recommend the City consider changing this distance to a relative distance of
crown size and fuel loading (i.e., crown bulk density) and therefore a relative distance to mitigate
potential radiant heat energy and flame length produced by the individual crown. We further
recommend that the City consider as similar approach for subsection B.2.e.i., where a group of
group.
B.2.n.
The rationale behind this provision is unclear in the text. Is there additional information to
add to support the distance of 130 ft.? This may be helpful to further clarify.
B.3.Roofing.
What are the requirements if the roof replacement does not occur within the five year timeframe
(i.e., exceeds the five year period stated in the provision)? This may be helpful to further clarify.
CPAW Memo of Preliminary Findings and Recommendations to the City of Ashland January 10, 2017 Page 3
Best Practices Compilation for Ashland, Oregon:
Community Programs and Implementation Practices Across the West
April 2017
Overview
This document provides the City of Ashland with best practices from across the west.
Community examples highlight successful mitigation programs, landscaping codes, WUI codes
professional qualifications, which
and related activities. Additional community examples are also available through the Community
Planning Assistance for Wildfire website.
Case Studies on WUI Code Adoption Process
Wenatchee, Washington
In 2015, the City of Wenatchee experienced the Sleepy Hollow fire, which burned 30 homes on
the outskirts of town (due to direct flame impingement and embers) and multiple commercial
warehouses in the urban downtown core (due to the transportation of embers from the burning
structures).As part of the Fire Code, the City has a WUI Standard in place. The WUI Standard
does delineate the City into two distinct zones, however, the standard does not fully capture the
set of conditions that promotes the ignition and spread of fire through the WUI fuel complex
(wildland and built fuels). current designation for the WUI is below:
3.36.010 Wildland-Urban Interface Zone Designation
The code official shall have final authority in determining which properties shall be affected by
exposure to large tracts of natural vegetation. Property and structures immediately adjacent to
undeveloped land with natural vegetation without fuel breaks establish the interface line or
primary zone and are subject to all of the provisions of this chapter. Property and structures
located to the east, or the developed side, of the primary zone and within 1,500 feet of the
interface line are included in the secondary zone. (Ord. 2011-13 § 1)
While this designation delineates boundaries for enforcement within the WUI, it does not capture
the true scope of the C experiences and risk
information into account, the Community Planning Assistance for Wildfire (CPAW) team
worked with the City to provide recommendations to improve its WUI approach. Included in the
final recommendations was a priority recommendation for the City to redefine the WUI and
implement a WUI risk assessment program (currently in the implementation stages) to better
prepare for potential wildfire impacts in Wenatchee. As part of this, the CPAW team
recommended that the entire City be identified as the WUI, with a re-defined Primary and
Secondary Zone. The most stringent WUI Standards are recommended to apply to the Primary
Zone, where structures will be potential exposed to radiant and convective heat transfer, as well
as burning airborne embers. Less stringent standards are recommended to apply to the Secondary
Zone, where structures are potentially exposed to localized radiant and convective heat, as well
as short, medium and long range burning embers. (The
recommendations to Wenatchee can be downloaded here.)
Within the currently adopted Fire Code WUI Standards (3.36.160), Wenatchee provides the
definition of defensible space, outlines the responsibilities of the land owner, and references the
ICC International WUI Code and the NFPA 1144, Standard for Reducing Structure Ignition
CPAW Community Best Practices for Ashland April 2017 Page 1
Hazards from Wildland Fire. The Code provides characteristics of fire resistant vegetation
according to the Firewise website. The descriptions from the Wenatchee WUI Standards are
listed below (note: CPAW also provided recommendations to this section; current language may
change based on future revisions):
(1) Growth with little or no accumulation of dead vegetation (either on the ground or
standing upright. Although green, both juniper shrubs and arborvitae accumulate large
amounts of dead material).
(2) Nonresinous plants (willow, poplar or tulip trees).
(3) Low volume of total vegetation (for example, a grass area as opposed to a forest or
shrub-covered land).
(4) Plants with high live fuel moisture (plants that contain a large amount of water in
comparison to their dry weight).
(5) Drought-tolerant plants (deeply rooted plants with thick, heavy leaves).
(6) Stands without ladder fuels (plants without small, fine branches and limbs between
the ground and the canopy of overtopping shrubs and trees).
(7) Plants requiring little maintenance (slow-growing plants that, when maintained,
require little care).
(8) Plants with woody stems and branches that require prolonged heating to ignite.
For reference on specific plants and their characteristics, see http://firewise.org. (Ord.
2011-13 § 1)
Flagstaff, Arizona
Located in a Ponderosa Pine forest, Flagstaff Arizona is subject to and familiar with wildland
fires and the potential impacts on its community. Following a 1996 fire season, City leaders took
action to mitigate against wildfire. Following ten years of education and various programs, the
City adopted the WUI code in 2008. The code development and adoption success was a result of
a two year public outreach process that familiarized the local stakeholders and residents with
wildfire risk reduction measures. The City produced a Wildland-Urban Interface Code Adoption:
How to avoid the agony document to
International Fire Code and Wildland Urban Interface Code.
Flagstaff also had steep slope and natural resource protection ordinances in place as part of a
Resource Protection Overlay Zone. When the WUI code was adopted, language in the planning
and zoning documents clearly identified the WUI code to supersede the resource protection
documents as identified in Flagstaff Resource Protection Standards (10-50-90). Additional
Appendix 5 (Additional Information).
CPAW Community Best Practices for Ashland April 2017 Page 2
Home Ignition Zone: Incentivizing Property Mitigation
Communities seeking to implement WUI codes and regulations often struggle with how to
address existing development. Combining regulatory and voluntary approaches can help address
this challenge by offering programs which incentivize defensible space and home retrofits. Two
Colorado counties serve as examples: the REALFire program (Eagle County, CO) and the
Wildfire Partners program (Boulder County, CO).
Both counties have implemented regulations for future development in concert with voluntary
programs which incentivize risk reduction practices and provide valuable homeowner education.
Programs partner with fire departments, fire districts and other local stakeholders and private
organizations to offer property assessments. Each program utilizes
concept, introduced by Dr. Jack Cohen (USFS), and further incorporate science from in the
Insurance Institute for Business and Home Safety (IBHS) to provide the following:
An in-depth assessment of a home, property, and accessory structures and other
attachments performed by a trained mitigation specialist.
Landscaping guidance based on the Colorado State Forestry Service Firewise
Guidelines.
A detailed and customized report, including a mitigation checklist to guide the
ns.
A follow up site visit to verify completion of work.
A certificate to acknowledge successful completion, which may also be shared with
insurance providers to secure or renew coverage.
Each program also takes advantage of the $2,500 tax deduction available for Colorado
homeowners creating defensible space.
Eagle County, CO
Existing Regulations for New Construction
Regulations in Eagle County are meant to reduce risk, provide a set of strategies to help
minimize impact to adjoining properties, and provide firefighter access when wildfires do occur.
When possible, development in high-risk locations is avoided altogether.
use regulations include a section for Development in Areas Subject to Wildfire Hazards in the
Eagle County (Section 4-430). This section is applicable to any application for a Special Use
Permit, Subdivision or Planned Unit Development. It requires the submittal of a vegetation
management plan, and includes detailed language on plan requirements, procedure and
standards. The County development standards require:
A wildfire hazard rating for a plat before any building permit is issued.
A Vegetation Management Plan for new development be generated by a natural
resource professional.
Fire resistant materials for interior walls and ceilings with a one hour rating (e.g.,
thick gypsum board) along with a non-combustible exterior such as brick or mortar.
Adequate defensible space around the structure.
A water supply and access plan identifying adequate turn arounds and dual point
access in new developments.
CPAW Community Best Practices for Ashland April 2017 Page 3
REALFire® Program
The REALFire® program was established by the Vail Board of Realtors® and Eagle County,
Colorado. It uniquely engages Realtors in local wildfire risk reduction efforts by engaging their
support and expertise in marketing and outreach with local members and other Realtors
associations. Eagle County provides assessment data, program coordination and outreach with
local fire protection districts. A home assessment app has also been generated based on home
ignition zone best practices, which automatically generates a full property assessment report.
Each completed assessment is automatically stored in a database for easy access and
management of collected information.
The program is funded through Eagle County, Vail Board of Realtors, several Homeowner
Associations, and state and federal grants. Assessments were initially offered at $50 and will be
offered at no cost during the 2017 calendar year. Homeowners who successfully complete their
wildfire mitigation activities can obtain a wildfire certificate for their individual properties. This
certification can be used to enhance real estate transactions by reassuring prospective buyers that
wildfire risk reduction has been achieved. More information is available on the REALFire®
website.
Boulder County, CO
Existing Regulations for New Construction
In response to multiple wildfires affecting the Boulder County community, the County surveyed
and mapped the WUI area to identify the extent of the wildfire hazard (further explanation found
inthe County CWPP Pg.65). Over the course of several decades, the County initiated and revised
development regulations for new development in the identified WUI hazard area to address:
Defensible space practices for all new development
Building material restrictions including roofing, siding, walls, and windows
Site Development Standards/site plan reviews addressing site location, building
construction and design, landscaping/defensible space/fuel management, access and
water availability.
current Wildfire Mitigation program is administered through the C
Use Department. Prior to the issuance of a building or grading permit, a wildfire mitigation plan
must be submitted to and approved by a County Wildfire Mitigation Specialist. The wildfire
mitigation plan must include a site plan showing the location of structures and other
improvements, extent of defensible space management zones, the location of a fire cistern, and a
written narrative detailing the site location, construction design and materials, defensible space
and forest management, driveway access for emergency vehicles, water supply and maintenance.
Prior to a a foundation inspection, the majority of defensible space and forest management must
be completed.
Wildfire mitigation forms and publications for landowners are easily accessible online, and
include guidance on defensible space, landscaping, building with ignition-resistant materials, fire
sprinkler approval form, rock installation around structures, woody material disposal, and a
wildfire mitigation timeline for the building permit application process.
CPAW Community Best Practices for Ashland April 2017 Page 4
Wildfire Partners Program
a template for communities to engage homeowners in the WUI. The program is run completely
County, a $1.5 million grant from the Colorado Department of Natural Resources and a $1.25
have allowed the program to offer reduced assessment rates and financial awards to subsidize
work being done by designated contractors or homeowner material costs. Through the
partnerships with the insurance companies in the area, receiving a certificate can translate into
reductions in insurance premiums and the renewal of insurance policies in wildfire risk areas.
More information is available on the Wildfire Partners website.
Language on "Qualified Professional" References
To support the implementation of mitigation programs, communities may rely on qualified
professionals to review, develop or submit plans. Examples include:
Larimer County, Colorado
,
Section 3 Hazard Areas outlines the entire development process in identified hazard zones
including professional qualifications, stating:
All maps and reports required by this section must be prepared by or under the responsible
direction of a duly qualified expert. Wildfire hazard analysis must be performed by a
professional forester with at least two with wildfire hazards in the Rocky
Mountain Region.
Boulder County, Colorado
In Article 3 Application Submittal Requirements, Section 203 Standards for Submittal
Requirements of , necessary professional qualifications and
details for hiring consultants are outlined:
B. Professional Qualifications
1. A professional consultant may not be necessary for all applications. Only the following will
require professional assistance.
a. Improvement plans and reports for water supply, sanitation, drainage, utilities, soils,
grading, roads, structures, and other civil engineering work must be certified by a registered
Colorado Professional Engineer
b. All documents containing land survey descriptions must be certified by a registered
Colorado Professional Land Surveyor
c. Geology reports shall be prepared by either a member of the American Institute of
Professional Geologists, a member of the Association of Engineering Geologists, or an
individual registered as a geologist by a state
CPAW Community Best Practices for Ashland April 2017 Page 5
d. Wildlife impact reports, where required, shall be prepared by an approved wildlife
expert retained by the County Parks and Open Space Department and paid for by the applicant
2. All data and plans submitted for review must show the qualifications of the individual in
charge of the work.
C. Consultants
1.If the County does not have qualified staff to review certain elements of a proposal or referral
agencies are not able to adequately advise the County regarding certain elements of a proposal,
the Board of County Commissioners may authorize the review be performed by a consultant
engaged or approved by the Land Use Director after discussion with the applicant.
2. A referral agency may impose a fee for the review of the development proposal.
3. The costs of either review are the responsibility of the applicant. No hearings will be held if
the consultants fee has not been paid
CPAW Community Best Practices for Ashland April 2017 Page 6
Appendix A: Additional Examples and Resources for
Landscaping Regulations
Community Examples
Kittitas County, Washington
Kittitas County adopts the most current ICC WUI code along with Appendix B Vegetation
Management Plan in the Kittitas County Code- Title 20- Fire and Life Safety. The county also
designated all unincorporated areas to be within the WUI. Further Explanation of Defensible
Space is located on their Building Permit Submittal.
Ruidoso, New Mexico
Ruidoso was heavily affected by the Little Bear fire in 2012. The City took it upon themselves to
mitigate wildfire risk to the community by integrating multiple ordinances, including a
comprehensive description of proper defensible space, into their city code. While some of the
language would need to be revised due to differences in fuels,
Standards (42-80) provides an excellent example of what can be done when implementing
wildfire landscaping ordinances.
Section 42-80 A3 addresses vacant lots and absentee land owners and is measured based on the
risk to neighboring properties. The City will notify the landowner of the situation and give a
proper timeline to correct the issue. If not corrected a series of escalating fines are imposed until
the problem is corrected.
San Diego, California
San Diego California may be the most regulated area in the country for defensible space
landscaping regulations. Section 142.0412 Brush Management is a helpful example of defensible
space being implemented into landscaping regulations.
The code gives the fire chief specific authority to regulate brush management in addition to
overriding specific environmental regulations when necessary. The 100ft defensible space area is
broken down into Zone 1 and Zone 2 with extremely detailed outlines for necessary actions in
both. These zones and actions could easily be manipulated for local use.
Fire Resistant Plant Lists
Pacific Northwest Fire Resistant Plant List
Landscaping Network Fire Resistant Plant List
FireSmart Canada Guide
CPAW Community Best Practices for Ashland April 2017 Page 7
ICC WUI Code Appendix B- Vegetation Management Plan
APPENDIX B
VEGETATION MANAGEMENT PLAN
The provisions contained in this appendix are not mandatory unless specifically referenced in the
adopting ordinance.
SECTION B101
GENERAL
B101.1 Scope.
Vegetation management plans shall be submitted to the code official for review and approval as
part of the plans required for a permit.
B101.2 Plan content.
Vegetation management plans shall describe all actions that will be taken to prevent a fire from
being carried toward or away from the building. A vegetation management plan shall include at
least the following information:
1. A copy of the site plan.
2. Methods and timetables for controlling, changing or modifying areas on the property.
Elements of the plan shall include removal of slash, snags, vegetation that may grow into
overhead electrical lines, other ground fuels, ladder fuels and dead trees, and the thinning of live
trees.
3. A plan for maintaining the proposed fuel-reduction measures.
B101.3 Fuel modification.
To be considered a fuel modification for purposes of this code, continuous maintenance of the
clearance is required.
CPAW Community Best Practices for Ashland April 2017 Page 8
Memo
DATE:February 27, 2018
TO:Ashland Planning Commission
FROM:Maria Harris,Planning Manager
RE:Accessory Residential Unit Draft Code Revisions
The PlanningCommission discussedproviding more flexibility for accessory residential units(ARU) in
the single-family zones at theAugust 22, 2017, October 24, 2017 and November 28, 2017 study
sessions.
In summary, the draft revisions to the ARU standards would allow units less than 500 square feet in size
that are within or attached to the primary residence as an outright permitted use. As an outright
permitted use,the ARUs would be exempt from the planning application process for Site Design
Review. This means a property owner could convert existing floor area or construct an ARU with a
building permit. Site Design Review approval is normally required for any development that includes
two or more dwellings on one tax lot.
The outright permitted ARUs are covered in a new “exemption” section in 18.2.3.040.A. The ARUs
would be allowed in the R-1, R-1-3.5, NN and NM zones. These small ARUs would not be required to
have additional off-street parkingif there is on-street parking within 200 feet of the property. The ARUs
could either be built as part of new construction or added to a primary residence at a later date.
The attacheddraft incorporates revisionswith notations that were discussed at the November 28, 2017
study session.Revisions without notations are either unchanged from the last draft or are housekeeping
strikeout text is deletedunderline text is new (or
edits and corrections.Grey text is unchanged,and
moved)
–these changes are shown in relation to the ordinance that is currently in place.
The revisions in this draft include the following items.
Exemption Section
18.2.3.040.A –In the previous draft, the exemption was included in the Site
DesignReview chapter. The exemption section was moved to the ARU section for clarity and
continues to be cross-referenced in the Site Design Review chapter.
Off-Street Parking and Driveway Width
18.2.3.040.A.5 –In order for an ARU to be outright
permitted and exempt from the planning applicationprocess, a requirement was added that the
property have the required two off-street parking spaces for a single-family home and a
minimum driveway width of nine feet.
Page 2of 2
On-Street Parking
18.2.3.040.A.6 –Again, in order for an ARU to be outright permitted, a
requirement was added that on-street parking is available on at least one side of the street within
200 feet of the property.
Density
18.2.3.040.B.2 –The existing requirement that ARUs are counted in subdivision density
was eliminated.
Door and Balcony Placement –
18.2.3.040.B. 6 and 7Staff suggested two new design standards
for ARUs regarding front door placement and second story window, door and balcony
placement. These were moved from the Site Design Review standards to the ARU standards
section. In addition, two changes were made to 18.2.3.040.B.7. First, the previous requirement
that windows on asecond-story ARUareoriented to the interior of the property was removed so
that it only applies to second story doors and balconies. Second, clarification was added for the
meaning of orientation toward the interior of the property.
RR Zone Requirements
18.2.3.040.C –The existing requirements that ARUs are located on
slopes less than 25 percent and the requirements tohave an improved City street were deleted.
Normal and North Mountain Overlays
18.3.4 and 18.3.5 –These zones allow ARUs and were
included in the attached draft. The use language was added for consistency in the overlay
chapters as well as reformatting the use table in the Normal Neighborhood district.The outright
permitted ARUs are included in both of the overlays.
Parking Ratios
18.4.3.040–The ARU parking standard is changed to match the existing
cottage housing standard. The outright permitted ARUs are not required to provide off-street
parking.
Required Site Design Review and Exemption
18.5.2.020.B.1 and 18.5.2.020.C.2 –The section
covering ARUs that are exempt from the Site Design Review process is cross referenced.
DEPT. OF COMMUNITY DEVELOPMENTTel: 541-488-5305
20 E. Main StreetFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
City of Ashland
Accessory Residential Unit Revisions
DraftOrdinance Amendments–2/27/18
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
B. Residential Uses
See Single-Family standards in Sec.
18.2.5.090
Sec. 18.2.3.130for C-1 zone and E-1
Single-Family Dwelling PPPPPPSSNzone
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
P or P or P or Sec. 18.2.3.040and
Accessory Residential UnitSSNNNN
Sec. 18.5.2.020.C.2
SSS
Duplex DwellingSPPPNNSSNSec. 18.2.3.110Duplex Dwelling
Sec. 18.2.3.170and not allowed in
Manufactured Home on Individual LotSSSSNNNNN
Historic District Overlay
CU+
Manufactured Housing DevelopmentNSNNNNNNSec. 18.2.3.180
S
Sec. 18.2.3.130for C-1 zone and E-1
zone
Multifamily DwellingNPPPNNSSN
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
Cottage HousingSNNNNNNNNSec. 18.2.3.090 Cottage Housing
Rental Dwelling Unit Conversion to For-
NNSSNNNNNSec. 18.2.3.200
Purchase Housing
Sec. 18.2.3.150
Home OccupationSSSSSSSSN
Accessory Residential Units Revisions,February 27, 2018
Page 1
18.2.3.040Accessory Residential Unit
Where accessory residential units are allowed, they are subject to Site Design Review under
chapter 18.5.2,and shall meet all of the following requirements.Accessory residential units are
subject to Site Design Review under chapter 18.5.2, except as exempted in subsection
18.2.3.040.A, below.
A.Exemptions. Accessory residential units arepermitted outright with an approved building
permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the
accessory residential unitmeetsall of the following requirements.
Commented \[MH1\]:
In previous draft, this information
was in the Site Design Review chapter under exemptions
1.The accessory residentialunit is located in the R-1, RR, NNand NM zones. Accessory
(18.5.2.020.C). Staff moved it here with the rest of the
residential units in the R-2 and R-3zones require Site Design Review under chapter
ARU standards for clarity. Cross referenced in 18.5.2.020.C.
18.5.2 and are not permitted outright under this subsection.
2.The accessory residential unit meets all of the requirements of the applicable zone in
subsections 18.2.3.040.B, C, E and F, below, except for the off-street parking
requirements.
3.The size of the accessory residential unit is less than 500 square feet of gross habitable
floor area (GHFA).
4.The accessory residential unit isattached to the primary residence or within an existing
primary residence.Accessory residential units located in detached structures (i.e., not
attached to the primary residence) require Site Design Review under chapter 18.5.2 and
are not permitted outright under this subsection.
5The property must have two off-street parking spaces and a driveway a minimum of nine
feet in width in conformance with the off-street parking provisions for single-family
dwellings in sections18.4.3.040 and 18.4.3.080, except that parking spaces, turn-
Commented \[MH2\]:
This was suggested at the
11/28/2017 PC study session.
arounds, and driveways are exempt from the requirements in subsections 1 and 2 of
18.4.3.080.D and paving requirements in subsection 18.4.3.080.E.1.
6.Additional off-street parking is not required for the accessory residential unit if on-street
parking is available within 200 feet of the property on at least one side of the street.
Commented \[MH3\]:
This was suggested at the
11/28/2017 PC study session.
Alternatively, one off-street parking space may be provided on the property in
conformance with the off-street parking provisions for accessory residential unitsin
section 18.4.3.080.
AB.R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirementsunless
exempted in subsection 18.2.3.040.A, above.
1.One accessory residential unit is allowed per lot, and the maximum number of dwelling units
shall not exceed two per lot.
Commented \[MH4\]:
This was suggested at the
2.Accessory residential units are not subject to the density or minimum lot area requirements of
11/28/2017 PC study session.
the zone, except that accessory residential units shall be counted in the density of
Commented \[MH5\]:
In the interest of encouraging studio
developments created under the Performance Standards Option in chapter 18.3.9.
and 1-bedroom units as identified as a need in the 2012
Housing Needs Analysis, staff recommends keeping the
3.The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not
existing size limitations. Previously, staff had contemplated
exceed 50 percent of the GHFA of the primary residence on the lotand shall not exceed 1,000
allowing the size of the ARU to be allowed to go to 75% of
the GHFA of the primary residence to address large homes,
square feet GHFA.
sometimes with daylight basements.
Accessory Residential Units Revisions,February 27, 2018
Page 2
4.The proposal shall conform to the overall maximum lot coverage and setback requirements of
the underlying zone.
5.Additional parking shall be provided in conformance withthe off-street parking provisions for
single-family dwellings in section 18.4.3.080, except that parking spaces, turn-arounds, and
driveways are exempt from the requirements in subsections 1and 2of 18.4.3.080.D and
paving requirements in subsection 18.4.3.080.E.1.
6.The entrance or door to the accessory residential unit shall be subordinate to the
entrance or door to the primary residence by being recessed or stepped back at least six
feet from the entrance or door to the primary residence,or located on a different building
façade than the entrance or door to the primary residence.
7.New exterior doors and outdoor living areas (e.g., balconies or decks) on the second
Commented \[MH6\]:
Moved 6 and 7 from Site Design
Standards in 18.4.2.030 in previous version.
story shall be oriented towards the interior of the propertyrather than the side or rear
yards.
Commented \[MH7\]:
Added to clarify “interior of the
property.” This issue came up at the 11/28/2017 PC study
BC.RR Zone. In addition to the standards in subsection 18.2.3.040.A, accessory residential units in the
session.
RR zone shall meet the following requirementsunless exempted in subsection 18.2.3.040.A,
above..
1.If the accessory residentialunit is not part of the primary dwelling, all construction and
land disturbance associated with the accessory residential unit shall occur on lands with
less than 25 percent slope.
2.The lot on which the accessory residential unit is located shall have access to an
improved city street, paved to a minimum of 20 feet in width, with curbs, gutters, and
sidewalks.
Commented \[MH8\]:
This was suggested at the
11/28/2017 study session.
31.No on-street parking credits shall be allowed for accessory residential units.
42.If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler
system installed.
CD.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.A, exceptthat the maximum gross habitable floor area (GHFA) of the
accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence
on the lot, and shall not exceed 500 square feet GHFA.
E.NN Zones. Accessory residential units in the Normal Neighborhood District under Chapter
18.3.4 shall meet the standards in subsection 18.2.3.040.Aunless exempted in subsection
18.2.3.040.A, above.
F.NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under
Commented \[MH9\]:
E and F added for cross reference
and consistency between overlay chapters.
chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.Aunless exemptedin
subsection 18.2.3.040.A, above,except that the maximum gross habitable floor area (GHFA)
of the accessory residential unit must not exceed 750 square feet GHFAandthat second
story accessory residential units constructed above a detached accessory building must not
exceed 500 square feet GHFA.
Commented \[MH10\]:
North Mountain Neighborhood
has different size limitations in place. Language moved to
this section from 18.3.5.050.1.d – language is not changed.
18.3.4.040 Use Regulations
A.Plan Overlay Zones. There are four Land Use Designation Overlays zones within the Normal
Accessory Residential Units Revisions,February 27, 2018
Page 3
Neighborhood Plan are intended to accommodate a variety of housing opportunities, preserve
natural areas and provide open space.
1.Plan NN-1-5 zone.The use regulations and development standards are intended to create,
maintain and promote single-dwelling neighborhood character. A variety of housing types are
allowed, in addition to the detached single dwelling. Development standards that are largely the
same as those for single dwellings ensure that the overall image and character of the single-
dwelling neighborhood is maintained.
2.Plan NN-1-3.5 zone. The use regulations and development standards are intended to create,
maintain and promote single-dwelling neighborhood character. A variety of housing types are
allowed including multiple compact attachedand/or detached dwellings. Dwellings may be
grouped around common open space promoting a scale and character compatible with single
family homes. Development standards that are largely the same as those for single dwellings
ensure that the overall image and character of the single-dwelling neighborhood is maintained.
3. Plan NN-1-3.5-C zone.The use regulations and development standards are intended to
provide housing opportunities for individual households through development of multiple
compact attached and/or detached dwellings with the added allowance for neighborhood-
serving commercial mixed-uses so that many of the activities of daily living can occur within the
Normal Neighborhood. The 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.
4. Plan NN-2 zone. The use regulations and development standards are intended to create and
maintain a range of housing choices, including multi-family housing within the context of the
residential character of the NormalNeighborhood Plan.
B.Normal Neighborhood Plan Residential Building Types.The development standards for the
Normal Neighborhood Plan will preserve neighborhood character by incorporating four distinct land
use overlay areas with different concentrations of varying housing types.
1.Single Dwelling Residential Unit.A Single Dwelling Residential Unit is a 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 from the public street or common green by a front yard. Auto parking is
generally on the same lot in a garage,carport, or uncovered area. The garage may be detached
or attached to the dwelling structure.
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 detached building located on the same lot
with a single-family dwelling, and having an independent means of entry.
3.Double Dwelling Residential Unit(Duplex). A Double Dwelling Residential Unit is a residential
building that contains two dwellings located on a single lot, each with self-contained living
facilities. Double Dwelling Residential Units must share a common wall or a common floor/
ceiling and are similar to a Single Dwelling Unit in appearance, height, massing and lot
placement.
4.Attached Residential Unit. (Townhome, Row house) An Attached Residential Unit is single
dwelling located on an individual lot which is attached along one or both sidewalls to an
adjacent dwelling unit. Private open space may take the form of front yards, backyards, or upper
level terraces. The dwelling unit may be set back from the public street or common green by a
front yard.
Accessory Residential Units Revisions,February 27, 2018
Page 4
5.Clustered Residential Units -Pedestrian-Oriented.Pedestrian-Oriented Clustered Residential
Units are multiple dwellings grouped around common open space that promote a scale and
character compatible with single family homes. Units are typically arranged around a central
common green under communal ownership. Auto parking is generally grouped in a shared
surface area or areas.
6.Multiple Dwelling Residential Unit.Multiple Dwelling Residential Units are multiple dwellings that
occupy a single building or multiple buildings on a single lot. Dwellings may take the form of
condominiums or apartments. Auto parking is generally provided in a shared parking area or
structured parking facility.
7.Cottage Housing.
\[Reserved\]
C.General Use Regulations.Uses and their accessory uses are permitted, special permitted or
conditional uses in the Normal Neighborhood Plan area as listed in the Land Use Table.
Uses Allowed in Normal Neighborhood District. Allowed uses include those that are
permitted, permitted subject to special use standards, and allowed subject to a conditional
use permit. Where Table 18.3.4.040 does not list a specific use and part 18.6does not define
the use or include it as an example of an allowed use, the City may find that use is allowed,
or is not allowed, following the procedures of section 18.1.5.040Similar 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 part 18.5. See section 18.5.1.020
Determination of Review Procedure.
1.Permitted Uses. Uses listed as “Permitted (P)” are allowed.
Permitted Uses and Uses Permitted Subject to Special Use Standards.Uses listed as
2.
“Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to
chapter 18.2.3 Special Use Standards.
3.Conditional Uses. Uses listed as “Conditional Use Permit Required (C)” are allowed
subject to the requirements of chapter 18.5.4Conditional Use Permits.
4.Prohibited Uses. Uses not listed in Table 18.3.4.040, and not found to be similar to an
allowed use following the procedures of section 18.1.5.040Similar Uses, are prohibited.
D.Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2Base
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 underlying zone.
E.Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one
another, in the same structure or on the same site, provided all applicable development
standards and building code requirements are met.
Commented \[MH11\]:
Added for consistency with other
overlay chapters (i.e., North Mountain Neighborhood).
Table 18.3.4.040 NN-1-5NN-1-3.5NN-1-3.5-CNN-2
Land Use DescriptionsSingle-Family SuburbanSuburbanMulti-Family
ResidentialResidentialResidential Low Density
with Residential
Commented \[MH12\]:
Table reformatted for consistency
Commercial
with other overlay chapters (i.e., North Mountain
1
Table 18.3.4.040 Normal Neighborhood District Uses Allowed by Zone
Neighborhood). Content was not changed except under
ARU’s.
1
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Accessory Residential Units Revisions,February 27, 2018
Page 5
Table 18.3.4.040 NN-1-5NN-1-3.5NN-1-3.5-CNN-2
Land Use DescriptionsSingle-Family SuburbanSuburbanMulti-Family
ResidentialResidentialResidential Low Density
with Residential
Commented \[MH12\]:
Table reformatted for consistency
Commercial
with other overlay chapters (i.e., North Mountain
2
Normal Neighborhood District Zones
Neighborhood). Content was not changed except under
ARU’s.
NN-1-5NN-1-3.5NN-1-3.5-CNN-2
A. Residential Uses
Single Dwelling Residential Unit
PPNN
(Single-Family Dwelling)
Accessory Residential Unit, see Sec. 18.2.3.040Por SPor SPor SN
Commented \[MH13\]:
Allows exemption for attached
units under 500 in the Normal Neighborhood zones.
A.Residential Uses
(cont.)
Double Dwelling Residential Unit
NPPP
(Duplex Dwelling)
Cottage Housing\[Placeholder\]PNNN
Clustered Residential Units NPPP
Attached Residential UnitNPPP
Multiple Dwelling Residential Unit
NPPP
(Multi family Dwelling)
Manufactured Home on Individual LotPPPP
Manufactured Housing DevelopmentNPPP
B. Neighborhood Business and Service Uses
Home OccupationPPPP
Retail Sales and Services, with each building
NNPN
limited to 3,500 square feet of gross floor area
Professional and Medical Offices, with each
building limited to 3,500 square feet of gross floor NNPN
area
Light manufacturing or assembly of items
occupying six hundred (600) square feet or less, NNPN
and contiguous to the permitted retail use.
RestaurantsNNPN
Day Care CenterNNPN
Assisted Living FacilitiesNCCC
C.Residential Uses
Religious Institutions and Houses of
CCCC
Worship
Public BuildingsPPPP
Community GardensPPPP
Open space and Recreational FacilitiesPPPP
2
Zones: NN-1-5=Single-Family Residential;NN-1-3.5=Suburban Residential;N-N-1-3.5-C=Suburban Residential with Commercial;
MM-2=Multi-Family Residential.
Accessory Residential Units Revisions,February 27, 2018
Page 6
1.Permitted Uses. Uses listed as “Permitted (P)” are allowed. All uses are subject to the
development standards of zone in which they are located, any applicable overlay zone(s),
and the review procedures of Part 18.5. See section 18.5.1.020Determination of Review
Procedure.
2.Conditional Uses. Uses listed as “Conditional Use Permit Required (C)” are allowed
subject to the requirements of chapter 18.5.4Conditional Use Permits.
3.Prohibited Uses. Uses not listed in the Land Use Table, and not found to be similar to an
allowed use following the procedures of section 18.1.5.040Similar Uses, are prohibited.
Commented \[MH14\]:
Moved under C above.
18.3.5.050Allowed Uses
A.Uses Allowed in North Mountain Neighborhood Zones.Allowed uses include those that are
permitted, permitted subject to special use standards, and allowed subject to a conditional use
permit. Where Table 18.3.5.050 does not list a specific use and part 18.6does not define the use or
include it as an example of an allowed use, the City may find that use is allowed, or is not allowed,
following the procedures of section 18.1.5.040Similar Uses. Uses not listed in Table 18.2.2.030
and not found to be similar to an allowed use are prohibited.All uses are subject to the
development standards of zone in which they are located, any applicable overlay zone(s), and the
review procedures of part 18.5. See section 18.5.1.020Determination of Review Procedure.
1.Permitted Uses. Uses listed as “Permitted (P)” are allowed.
Permitted Uses and Uses Permitted Subject to Special Use Standards.Uses listed as
2.
“Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to
subsection 18.3.5.050.D and chapter 18.2.3 Special Use Standards.
3.Conditional Uses. Uses listed as “Conditional Use Permit Required (C)” are allowed
subject to the requirements of chapter 18.5.4Conditional Use Permits.
4.Prohibited Uses. Uses not listed in Table 18.3.5.050, and not found to be similar to an
allowed use following the procedures of section 18.1.5.040Similar Uses, are prohibited.
CB.Uses Regulated by Overlay Zones.Notwithstanding the provisions of chapter 18.2.2Base 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 underlying zone. For regulations applying to
the City’s overlays zones, please refer to part 18.3.
C.Mixed-Use.Uses allowed in a zone individually are also allowed in combination with one another,
in the same structure or on the same site, provided all applicable development standards and
building code requirements are met.
Commented \[MH15\]:
Added for consistency with other
overlay chapters (i.e., Normal Neighborhood District).
Accessory Residential Units Revisions,February 27, 2018
Page 7
Table 18.3.5.050 –North Mountain Neighborhood Uses Allowed by Zone 3
North Mountain Neighborhood Zones 4
NM-R-1-7.5NM-R-1-5NM-MFNM-CNM-Civic
A. Residential
Residential Uses, subject to density
PPPPN
requirements in Table 18.3.5.050
Accessory Residential Units, see Sec.
P or SP or SNPN
Commented \[MH16\]:
Allows exemption for attached
18.2.3.040
units under 500 in the North Mountain Neighborhood
Home OccupationsPPPPN
zones.
Agricultural Uses, except Keeping of
PPPPS
Livestock
Keeping of Micro-Livestock and BeesSSSNS
Keeping of LivestockNNNNN
Marijuana Cultivation, HomegrownSSSSN
B. Public and Institutional Uses
Community ServicesNSNSP
Parks and Open SpacesP
PPPP
Public Parking LotsN
NNNCU
Religious Institution, Houses of WorshipN
NNNS
Utility and Service Building, Public and
N
Quasi-Public, excluding outdoor storage NNNS
and electrical substations
B. Commercial
Neighborhood ClinicsN
NNNS
Neighborhood Oriented Retail Sales,
N
NNNS
Services, and Restaurants
Offices, ProfessionalN
NNNS
Temporary usesN
NNNCU
C. Industrial
Manufacturing, LightN
NNNS
3
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
4
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open
Space.
Accessory Residential Units Revisions,February 27, 2018
Page 8
D.Special Use Standards.The uses listed as “Permitted with Special Use Standards (S)” in
Table 18.3.5.050, above, are allowed provided they conform to the requirements of this
section and the requirements of chapter 18.5.2 Site Design Review.
1.Accessory Residential Units.Subject to the standards in section 18.2.3.040.
a.Accessory residential units are not subject to the density requirements of the
zone and are not included in the base density calculations.
b.One accessory residential unit is allowed per lot, and the maximum number of
dwelling units must not exceed two per lot.
c.The proposal must comply with the lot coverage and setback requirements of
the underlying zone.
d.The maximum gross habitable floor area (GHFA) of the accessory residential
unit must not exceed50 percent of the GHFA of the primary residence on the
lot, and must not exceed 750 square feet GHFA, except that second story
accessory residential units constructed above a detached accessory building
must not exceed 500 square feet GHFA.
e.Additional parking shall be provided in conformance with the off-street parking
provisions for single-family dwellings in section 18.4.3.040.
Commented \[MH17\]:
All of these standards are identical
to main ARU section in special use standards 18.2.3.040
2.Agricultural Uses.In the NM-Civic zone, agriculture may include community garden
except for size under d. d. is moved up to 18.2.3.040.
space.
3.Keeping of Micro-Livestock and Bees.Subject to the standards in section 18.2.3.160.
4.Marijuana Cultivation, Homegrown.Subject to the standards in subsection 18.2.3.190.A.
5.Community Services.
a.In the NM-R-1-5 zone, each building may be up to a maximum of 2,500 square feet
of gross floor area.
b.In the NM-C zone, each building may be up to a maximum of 3,500 square feet of
gross floor area.
6.Manufacturing, Light.
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 that
operates in conjunction with and sells the manufactured items produced by the light
manufacturing use.
7.Neighborhood Clinics.Each building may be up to a maximum of 3,500 square feet of
gross floor area.
8.Neighborhood Oriented Retail Sales, Services, and Restaurants.Each building may be
up to a maximum of 3,500 square feet of gross floor area.
9.Offices, Professional.Each building may be up to a maximum of 3,500 square feet of
gross floor area.
10.Religious Institution, Houses of Worship.The same use cannot be located on a
Accessory Residential Units Revisions,February 27, 2018
Page 9
contiguous property, and there must be no more than two such uses in a given zone.
11.Utility and Service Building, Public and Quasi-Public.Each building may be up to a
maximum of 3,500 square feet of gross floor area.
18.4.2.030Residential Development
A.Purpose and Intent. For new multi-family residential developments, careful design
considerations must be made to assure that the development is compatible with the
surrounding neighborhood. For example, the use of earth tone colors and wood siding will
blend a development into an area rather than causing contrast through the use of
overwhelming colors and concrete block walls.
1.Crime Prevention and Defensible Space.
a.Parking Layout. Parking for residents should be located so that distances to
dwellings are minimized. However, avoid designs where parking areas are
immediately abutting dwelling units because there is little or no transition from
public to private areas. Parking areas should be easily visible from adjacent
areas and windows.
b.Orientation of Windows. Windows should be located so that vulnerable areas
can be easily surveyed by residents.
c.Service and Laundry Areas. Service and laundry areas should be located so
that they can be easily observed by others. Windows and lighting should be
incorporated to assure surveillance opportunities. Mail boxes should not be
located in dark alcoves out of sight. Barriers to police surveillance such as tall
shrubs and fences should be avoided.
d.Hardware. Reliance solely upon security hardware in lieu ofother alternatives
is discouraged.
e.Lighting. Site development should utilize lighting prudently. More lighting does
not necessarily mean better security. Lighting should be oriented so that areas
vulnerable to crime are accented.
f.Landscaping. Plant materials such as high shrubs should be placed so that
surveillance of semi-public and semi-private areas is not blocked. Thorny
shrubs will discourage crime activity. Low shrubs and canopy trees will allow
surveillance, hence, reduce the potential for crime.
Commented \[MH18\]:
Moved below under standards –
see “I”
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. See conceptual
site plan of multi-family development in Figure 18.4.2.030.
1.Accessory Residential Units.Unlessexempted from Site Design Review in
18.2.3.040.A,only the following standards in Chapter 18.4.2apply to accessory
Commented \[MH19\]:
This was suggested at the
11/28/2017 PC study session.
residential units: building orientation requirements in 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 overlay, the standards
Accessory Residential Units Revisions,February 27, 2018
Page 10
in 18.4.2.050also apply.
C.Building Orientation.Residential buildings that are subject to the provisions of this chapter
shall conform to all of the following standards. See also, solar orientation standards in
section 18.4.8.050.
1.Building Orientation to Street.Dwelling units shall have their primary orientation toward a
street. Where residential buildings are located within 20 feet of astreet, they shall have a
primary entrance opening toward the street and connected to the right-of-way via an
approved walkway.
2.Limitation on Parking Between Primary Entrance and Street.Automobile circulation or
off-street parking is not allowed between the building and the street. Parking areas shall
be located behind buildings, or on one or both sides.
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
intersections, the building shall comply with the build-to line standard.
D.Garages. The following standards apply to garages, carports, canopies, and other
permanent and temporary structures used for parking or storing vehicles, including those
parking and vehicle storage structures accessory to detached single-family dwellings. The
standards are intended to balance residents’ desire for a convenient, safe, and private
vehicle access to their homes with the public interest in maintaining safe and aesthetically
pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of
public ways, while addressing aesthetic concerns 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 degrees of the street right-of-way line.
1.Alleys and Shared Drives.Where a lot abuts a rear or side alley, or a shared 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.
2.Setback for Garage Opening Facing Street.The minimum setback for a garage (or
carport) opening facing a street is 20 feet. This provision does not apply to alleys.
E.Building Materials.Building materials and paint colors should be compatible with the
surrounding area. Very bright primary or neon-type paint colors, which attract attention to
the building or use, are unacceptable.
F.Streetscape.One street tree chosen from the street tree list shall be placed for each 30 feet
of frontage for that portion of the development fronting the street pursuant to subsection
18.4.4.030.E.
G.Landscaping and Recycle/Refuse Disposal Areas.Landscaping and recycle/refuse disposal
areas shall be provided pursuant to chapter 18.4.4.
H.Open Space.Residential developments that are subject to the provisions of this chapter
shall conform to all of the following standards.
1.Recreation Area. An area equal to at least eight percent of the lot area shall be
dedicated to open space for recreational use by the tenants of the development.
2.Surfacing.Areas covered by shrubs, bark mulch, and other ground covers that do not
Accessory Residential Units Revisions,February 27, 2018
Page 11
provide suitable surface for human use may not be counted towards this requirement.
3.Decks and Patios.Decks, patios, and similar areas are eligible for open space.
4.Play Areas. Play areas for children are required for projects of greater than 20 units that
are designed to includefamilies. Play areas are eligible for open space.
Crime Prevention and Defensible Space.
I.
1.Parking Layout. Parking for residents should be located so that distances to
dwellings are minimized. However, avoid designs where parking areas are
immediatelyabutting dwelling units because there is little or no transition from
public to private areas. Parking areas should be easily visible from adjacent areas
and windows.
2.Orientation of Windows. Windows should be located so that vulnerable areas can
be easily surveyed by residents.
3.Service and Laundry Areas. Service and laundry areas should be located so that
they can be easily observed by others. Windows and lighting should be
incorporated to assure surveillance opportunities. Mail boxes should not be
located in dark alcoves out of sight. Barriers to police surveillance such as tall
shrubs and fences should be avoided.
4.Hardware. Reliance solely upon security hardware in lieu of other alternatives is
discouraged.
5.Lighting. Site development should utilize lighting prudently. More lighting does
not necessarily mean better security. Lighting should be oriented so that areas
vulnerable to crime are accented.
6.Landscaping. Plant materials such as high shrubs should be placed so that
surveillance of semi-public and semi-private areas is not blocked. Thorny shrubs
will discourage crime activity. Low shrubs and canopy trees will allow
surveillance, hence, reduce the potential for crime.
Commented \[MH20\]:
Moved from above, no changes to
wording.
18.4.3.040Parking Ratios
Except as provided by section 18.4.3.030, the standard ratios required for automobile parking
are as follows. See also, accessible parking space requirements in section 18.4.3.050.
Table 18.4.3.040 –Automobile Parking Spaces by Use
Minimum Parking per Land Use
Use Categories
(Based on Gross Floor Area; fractions are rounded to whole number.)
Residential Categories
and the following for
2 spaces for the primary dwelling unit
accessory residential units
.
-fF
Singleamily Dwellings
a.Studio units or 1-bedroom units less than 500 sq. ft.–1
space/unit.
Accessory Residential Units Revisions,February 27, 2018
Page 12
Table 18.4.3.040 –Automobile Parking Spaces by Use
Minimum Parking per Land Use
Use Categories
(Based on Gross Floor Area; fractions are rounded to whole number.)
b.1-bedroom units 500 sq. ft. or larger –1.50 spaces/unit.
c.2-bedroom units –1.75 spaces/unit.
d.3-bedroom or greater units --2.00 spaces/unit.
Commented \[MH21\]:
Moved ARU’s to separate row or
clarity.
a.Units less than 800 sq. ft.–1 space/unit, except.as
exempted in subsection 18.2.3.040.A.
Accessory Residential Units
b.Units greater than 800 sq. ft. and up to 1,000 sq. ft.–2.00
spaces/unit.
a.Studio units or 1-bedroom units less than 500 sq. ft. --1
space/unit.
b.1-bedroom units 500 sq. ft. or larger --1.50 spaces/unit.
c.2-bedroom units --1.75 spaces/unit.
Multi-familyDwellings
d.3-bedroom or greater units --2.00 spaces/unit.
e.Retirement complexes for seniors 55-years or greater --One
space per unit.
a.Units less than 800 sq. ft. --1 space/unit.
square feetsq. ft.
b.Units greater than 800 and less than 1000
square feetsq. ft.
--1.5 spaces/unit.
Cottage Housing
square feetsq. ft.
c.Units greater than 1000 --2.00 spaces/unit.
d.Retirement complexes for seniors 55-years or greater --One
space per unit.
Parking for Manufactured Home on Single-Family Lot is same as
Manufactured HousingSingle Family Dwelling; for Manufactured Housing Developments, see
sections 18.2.3.170and18.2.3.180.
Performance Standards
See chapter 18.3.9.
Developments
Commercial Categories
square feetsq. ft.square
1 space per 1,000 of the first 10,000
Auto, boat or trailer sales,
feetsq. ft.square feetsq.
of gross land area; plus 1 space per 5,000
retail nurseries and other
ft.square feetsq. ft.
for the excess over 10,000 of gross land area;
open-space uses
and 1 space per 2 employees.
3 spaces per alley, plus 1 space for auxiliary activities set forth in this
Bowling Alleys
section.
Chapels and Mortuaries1 space per 4 fixed seats in the main chapel.
1 space per guest room, plus 1 space for the owner or manager; see
Hotelsalso, requirements for associated uses, such as restaurants,
entertainment uses, drinking establishments, assembly facilities.
General Office: 1 space per 500 sq. ft. floor area.
Offices
Medical/Dental Office:1 space per 350 sq. ft. floor area.
Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area,
Parlors, Similar Useswhichever is less.
Accessory Residential Units Revisions,February 27, 2018
Page 13
Table 18.4.3.040 –Automobile Parking Spaces by Use
Minimum Parking per Land Use
Use Categories
(Based on Gross Floor Area; fractions are rounded to whole number.)
General: 1 space per 350 sq. ft. floor area.
Retail Sales and Services
Furniture and Appliances: 1 space per 750 sq. ft. floor area.
Skating Rinks1 space per 350 sq. ft. of gross floor area.
Theaters, Auditoriums,
Stadiums, Gymnasiums and 1 space per 4 seats.
Similar Uses
Travelers’ Accommodations1 space per guest room, plus 2 spaces for the owner or manager.
Industrial Categories
Industrial, Manufacturing and
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.
Freight
Institutional and Public
Categories
Aircraft Hangar -Ashland One space per hangar or one space per four aircraft occupying a
Municipal Airporthangar, whichever is greater. Parking spaces shall be provided within
the hangar or within designated vehicle parking areas identified in the
adopted Ashland Municipal Airport Master Plan.
Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be
Houses; Rooming and equivalent to a guest room.
Boarding Houses; Dormitories
Daycare1 space per two employees; a minimum of 2 spaces is required.
Golf CoursesRegular: 8 spaces per hole, plus additional spaces for auxiliary uses.
Miniature: 4 spaces per hole.
Hospital2 space per patient bed.
Nursing and Convalescent 1 space per 3 patient beds.
Homes
Public Assembly
1 space per 4 seats
Religious Institutions and
1 space per 4 seats.
Houses of Worship
Rest Homes, Homes for the
1 space per 2 patient beds or 1 space per apartment unit.
Aged, or Assisted Living
Elementary and Junior High: 1.5 spaces per classroom, or 1 space
Schools
per 75 sq. ft. of public assembly area, whichever is greater
High Schools: 1.5 spaces per classroom, plus 1 space per 10
students the school is designed to accommodate; or the requirements
for public assembly area, whichever is greater
Colleges, Universities and Trade Schools: 1.5 spaces per classroom,
plus 1 space per five students the school is designed to
accommodate, plus requirements for on-campus student housing.
Other Categories
Parking standards for temporary uses are the same as for primary
Temporary Usesuses, except that the City decision-making body may reduce or waive
certain development and designs standards for temporary uses.
Accessory Residential Units Revisions,February 27, 2018
Page 14
18.4.3.080Vehicle Area Design
Driveways and turn-arounds providing access to parking
D.Driveways and Turn-Around Design.
areas shall conform to the following provisions.
1.A driveway for a single dwelling shall be minimum of nine feet in width, and a shared
drivewayserving two units shall be a minimum of 12 feet in width, except that driveways
over 50 feet in length or serve a flag lot shall meet the width and design requirements of
section 18.5.3.060.Accessory residential units are exempt from the requirements
ofthis subsection.
2.Parking areas of seven or fewer spaces shall be servedby a driveway 12 feet in width.
Accessory residential units are exempt from the requirementsof this subsection.
3.Parking areas of more than seven parking spaces shall be served by a driveway 20 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 and defined; and
provide adequate aisles or turn-around areas so that all vehicles may enter the street in
a forward manner.
4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be
minimized.
5.For single-family lots and multi-family developments, the number of driveway
approaches and curb cuts shall not exceed one approach/curb cut per street frontage.
For large multi-family developments and other uses, the number of approaches and curb
cuts shall be minimized where feasible to address traffic safety or operations concerns.
6. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
minimum vertical clearance of 13.5 feet for their entire length and width. Parking
structures are exempt from this requirement.
7. Vision Clearance. No obstructions may be placed in the vision clearance area except as
set forth in section 18.2.4.040.
8.Grades for new driveways in all zones shall not exceed 20 percent for any portion of the
driveway. If required by the City, the developer or owner shall provide certification of
driveway grade bya licensed land surveyor.
9.All driveways shall be installed pursuant to City standards prior to issuance of a
certificate of occupancy for new construction.
10.Driveways for lots created or modified through a land division or property line
adjustment,including those for flag lots, shall conform to the requirements of chapter
18.5.3 Land Divisions and Property Line Adjustments.
E.Parking and Access Construction.The development and maintenance as provided below,
shall apply in all cases, except single-family dwellingsand accessory residential units.
1.Paving.All required parking areas, aisles, turn-arounds, and driveways shall be paved
with concrete, asphaltic, porous solid surface, or comparable surfacing, constructed to
standards on file in the office of the City Engineer.
2.Drainage.All required parking areas, aisles, and turn-arounds shall have provisions
Accessory Residential Units Revisions,February 27, 2018
Page 15
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.
3.Driveway Approaches.Approaches shall be paved with concrete surfacing constructed
to standards on file in the office of the City Engineer.
4.Marking.Parking lots of more than seven spaces shall have all spaces permanently and
clearly marked.
5.Wheel stops.Wheel stops shall be a minimum of four inches in height and width and six
feet in length. They shall be firmly attached to the ground and so constructed as to
withstand normal wear. Wheel stops shall be provided where appropriate for all spaces
abutting property lines, buildings, landscaping, and no vehicle shall overhang a public
right-of-way.
6.Walls and Hedges
a.Where a parking facility is adjacent to a street, a decorative masonry wall or
evergreen hedge screen between 30 and42 inches in height and a minimum of 12
inches in width shall be established parallel to and not nearer than two feet from the
right-of-way line, pursuant to the following requirements.
i.The area between the wall or hedge and street line shall be landscaped.
ii.Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
iii.All vegetation shall be adequately maintained by a permanent irrigation system,
and said wall or hedge shall be maintainedin good condition.
iv.Notwithstanding the above standards, the required wall or screening shall 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.
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 sight-
obscuring fence, wall, or evergreen hedge shall be provided, pursuant to the
following requirements.
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 side of
the property line, except that the heightshall be reduced to 30 inches within a
required setback area and within ten feet of a street property line.
ii.Screen plantings shall be of such size and number to provide the required
screening within 12 months of installation.
iii.Adequate provisions shall be made to protect walls, fences, or plant materials
from being damaged by vehicles using said parking area.
iv.Notwithstanding the above standards, the required wall or screening shall be
designed to meet the vision clearance area requirements in section 18.2.4.040.
v.The fence, wall, or hedge shall be maintained in good condition.
Accessory Residential Units Revisions,February 27, 2018
Page 16
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 landscaping shall be
uniformly distributed throughout the parking area, and provided with irrigation facilities
and protective curbs or raised wood headers. It may consist of trees, plus shrubs,
ground cover, or related material. A minimum of one tree per seven parking spaces is
required.
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 element
shall not be directly visible from abutting residential property. Lighting shall comply with
section 18.4.4.050.
18.5.2.020Applicability
Site Design Review is required for the following types of project proposals.
A.Commercial, Industrial, Non-Residential, and Mixed Uses.Site Design Review applies to
the following types of non-residential uses and project proposals, including proposals for
commercial, industrial, and mixed-use projects, pursuant to section 18.5.2.030 Review
Procedures.
1.New structures, additions, or expansions in C-1, E-1, HC, CM, and M-1 zones.
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.
3.Mixed-use buildings and developments containing commercial and residential uses in a
residential zoning district within the Pedestrian Place Overlay.
4.Any exterior change, including installation of Public Art, to a structure which is 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 building permit.
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.
6.Expansion of any parking lot, relocation of parking spaces on a site, or any other change
that alters or affects circulation onto an adjacent property or public right-of-way.
7.Any change of occupancy from a less intense to a more intensive occupancy, as defined
in the building code, or anchange in use that requires a greater number of parking
spaces.
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 of this
ordinance.
9.Installation of mechanical equipment not fully enclosed in a structure and not otherwise
exempt from Site Design Review per subsection 18.5.2.020.C.
10.Installation of wireless communication facilities in accordancewith section 18.4.10.
B.Residential Uses.Site Design Review applies to the following types of residential uses and
project proposals, pursuant to section 18.5.2.030 Review Procedures.
Accessory Residential Units Revisions,February 27, 2018
Page 17
1.Two or more dwelling unitson a lot in any zoning district,including the addition of an
accessory residential unit,on a lot in any zoning districtunless exemptfrom Site
Design Review per subsection 18.2.3.040.A..
Commented \[MH22\]:
Clarifies that ARU’s need site
review unless exempted.
2.Construction of attached (common wall) single-family dwellings (e.g., townhomes,
condominiums, rowhouses) in any zoning district.
3.Any exterior change, including installation of Public Art, to a structure individually listed
on the National Register of Historic Places that requires a building permit.
4.Any change to off-street parking or landscaping in a residential development where such
parking or landscaping is provided in common area (e.g., shared parking) and is
approved pursuant to chapter 18.3.9Performance Standards Option.
5.Any change in use that requires a greater number of parking spaces.
6.Installation of mechanical equipment not fully enclosed in a structure and not otherwise
exempt from Site Design Review per subsection 18.5.2.020.C.
7.Installation ofwireless communication facilities (e.g., accessory to a residential use), in
accordance with section 18.4.10.
C.Exempt From Site Design Review.The following types of uses and projects are exempt
from Site Design Review, but are required to comply with the applicable provisions of
part 18.4Site Development and Design Standards.
1.Detached single-family dwellingsand associated accessory structures and uses.,
except that accessory residential units require Site Design Review pursuant to
section 18.2.3.040.
2.Accessory residential units meeting the requirements of subsection 18.2.3.040.A.
Commented \[MH23\]:
Exempts attached ARU’s under
500 square feet and cross references the standards for
32.Land divisions andproperty line adjustments, which are subject to review under chapter
exemptions.
18.5.3.
43.The following mechanical equipment.
a.Private, non-commercial radio and television antennas not exceeding a height of 70
feet above grade or 30 feet above an existing structure, whichever height 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 antenna mast or tower
over 50 feet above grade or 30 feet above an existing structure when the same is
constructed on the roof of the structure.
b.Not more than three parabolic disc antennas, each under one meter in diameter, on
any one lot or dwelling unit.
c.Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1
zoned properties located within designated historic districts. The devices shall
comply with solar setback standards described in chapter 18.4.8and the height
standards of the respective zoning district.
d.Roof-mounted solar collection devices on E-1 and C-1 zoned properties located
within designated historic districts if the footprint of the structure is not 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 otherwise not visible from a public
right-of-way. The devices shall comply with solar setback standards described in
chapter 18.4.8and height requirements of the respective zoning district.
Accessory Residential Units Revisions,February 27, 2018
Page 18
e.Installation of mechanical equipment other than those exempted in 18.5.2.020.C.3,
subsections a –d, above, and which is not visible from a public right-of-way, except
alleys, or adjacent residentially zoned property and consistent with other provisions
of this ordinance, including solar access in chapter 18.4.8, and noise and setback
requirements of subsection 18.2.4.020.B. See also, screening standards for
mechanical equipment in subsection 18.4.4.030.G.4.
f.Routine maintenance and replacement of existing mechanical equipment in all
zones.
18.6.1.030Definitions
The following definitions are organized alphabetically.
D
Days.Calendar days, unless specifically states as working days. Working days included
Monday through Friday, excluding Federal holidays. See also, subsection 18.5.1.090.C
Time Periods.
Dead Tree.A tree that is lifeless. Such evidence of lifelessness may include unseasonable lack
of foliage, brittle dry branches, or lack of any growth during the growing season.
Decorative.Treatment applied to the surface of a building or structure to enhance its beauty.
Deer Fence.An open fence used to prevent entry by deer or other wildlife for the purpose of
protecting gardens, vegetation, and yards.
Density(ies). A measurement of the number of dwelling units in relationship to a specified
amount of land. A common standard is dwelling units per acre.
Designer.A person not registered as an architect or engineer, approved to plan and design
single family homes and other buildings that area defined as exempt by the building code.
Develop. To construct or alter a structure or to make a physical change to the land including
excavation, clearing, dredging, fill, or paving.
Development. All improvements on a site, including alterations to land and new or remodeled
structures, parking and loading areas, landscaping, paved or graveled areas, and areas
devoted to exterior display, storage, or activities.
Diameter at Breast Height (DBH).Thediameter of the trunk at its maximum cross section,
measured 54 inches (4 ½ feet) above ground level at the base of the trunk. On sloped lands,
the measurement is taken on the uphill side of tree.
Disc Antenna.A device incorporating a reflective surface that is solid, open mesh, or bar
configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may
be used to transmit and/or receive radio or electromagnetic waves between terrestrially
and/or orbitally based uses. This definitionis meant to include, but is not limited to, what are
commonly referred as satellite earth stations, TVROS, and microwave antennas.
Discontinued Use. A use that physically left the land it was on, a permitted use that ceased, or a
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use terminated at the end of a lease or contract. See also, chapter 18.1.4Nonconforming
Situations.
District.A part, zone, or geographic area in the City within which certain zoning or development
regulations apply. See also, chapter 18.2.1Zoning Regulations and General Provisions.
Drainage Ditch or Channel.Roadside ditches that carry only storm water runoff from the
adjacent road and the immediate surrounding area. (Drainage ditches do not include
historically altered streams or channels that convey surface water flows. These features are
still classified as streams for the purpose of this ordinance.); or a constructed channel
designed as part of the storm water infrastructure that drain directly from storm water
facilities or storm pipe systems.
Dripline.An imaginary vertical line extending downward from the outermost tips of a tree's
branches to the ground.
Drive-Up Uses. Drive-up uses are defined as any establishment which by design, physical
facilities, service, or by packaging procedures encourages or permits customers to receive
services, obtain goods other than automobile fuel, or be entertained while remaining in their
motor vehicles. The components of a drive-up use are regulated as part of such facility and
include kiosks, canopies, or other structures; windows; stalls; and queuing lanes and
associated driveways.
Driveway. The area that provides vehicular access to a site from a street or the area that
provides vehicular circulation on a site.
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Drive, Flag. A driveway that serves a single lot or parcel and is greater than 50 feet in
length, or provides vehicular access to a flag lot(s). See also, section 18.5.3.060
Additional Preliminary Flag Lot Partition Plat Criteria.
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Driveway, Shared. A driveway used to access two or more lots or parcels.
Driveway Apron. The edge of a driveway where it meets a public right-of-way.
Driveway Approach. A driveway connection to a public street or highway where it meets a public
right-of-way.
Driving Surface.A paved access capable of supporting up to 44,000 lbs. gross vehicle weight.
Dwelling.A structure conforming to the definition of a dwelling under applicable building codes
and providing complete, independent living facilities for one family, including permanent
provisions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one
set of cooking facilities are considered to contain multiple dwelling units or accessory
dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to
the primary use, such as an outdoor grill or wet bar.For the purposes of this ordinance, the
following types of dwelling units are defined:
-Accessory Residential Unit. A secondary dwelling unit on a lot where the primary use is
a single-family dwelling, either attached to a single-family dwelling,within a portion of
an existing single-family dwelling (i.e. conversion of gross floor area within the
primary residence), or in a detached building located on the same lot,and having an
independent means of access (i.e., door).
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Duplex Dwelling. A structure thatcontains two dwelling units located on one lot. The
units must share a common wall or common floor/ceiling.
-Manufactured Home. A structure constructed for movement on the public highways that
has sleeping, cooking, and plumbing facilities, that is intended for human occupancy,
that is being used for residential purposes, and that was constructed in accordance with
federal manufactured housing construction and safety standards and regulations in
effect at the time of construction.
-Mobile Home. A structure constructed for movement on the public highways that has
sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is
being used for residential purposes, and that was constructed between January 1, 1962,
and June 15, 1976,and met the construction requirements of Oregon mobile home law
in effect at the time of construction.
-Multifamily Dwelling.A dwelling in a structure or grouping of structures containing two or
more dwelling units located on one lot.
-Senior Housing.Housing designated and/or managed for persons over a specified age.
Specific age restrictions vary, and uses may include assisted living facilities, retirement
homes, convalescent or nursing homes, and similar uses not otherwise classified as
Residential Homes or Residential Facilities.
-Single-Family Dwelling. A detached or attached structure containing one dwelling unit
located on its own lot.
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