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Home My WebLink About2018-04-24 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING April 24, 2018 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street. II. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. LEGISLATIVE PUBLIC HEARINGS A. VI. A. VII. 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). ASHLAND PLANNING DIVISION STAFF REPORT April 24, 2018 PLANNING ACTION: PA-L-2018-00002 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.2.2 Base Zones and Allowed Uses AMC 18.2.3 Special Use Standards AMC 18.3.4 Normal NeighborhoodDistrict AMC18.3.5 North Mountain Neighborhood District AMC 18.4.2 Building Placement, Orientation,and Design AMC 18.4.3 Parking, Access, and Circulation AMC 18.5.2 Site Design Review AMC18.6.1 Definitions REQUEST: Amendments to the accessory residential unit (ARU) standards to allow units less than 500 square feet in size that are within or attached to the primary residence as an outright permitted use in the Single-Family Residential (R-1), Suburban Residential (R-1-3.5), Rural Residential (RR), Normal Neighborhood (NN) and North Mountain Neighborhood (NM) zones. In addition, the off-street parking requirement for ARUs is changed from one space required for units less than 500 square feet in size to one space required for units less than 800 square feet in size. Finally, the draft amendments include minor edits and corrections to AMC 18.2.2 Base Zones and Allowed Uses, AMC 18.2.3.160 Keeping of Livestock and Bees, 18.3.4 Normal NeighborhoodDistrict, 18.3.5 North Mountain Neighborhood District, 18.3.9 Performance Standards Options,18.4.3 Parking, Access, and Circulation,and AMC 18.6.1.030 Definitions. I.Relevant Facts A.Background The Planning Commission began discussing providing more flexibility for homeowners that are interested in locating an accessory residential unit (ARU) within or attached to their homesat the 2017 annual retreat. Subsequently, the Commission held four study sessions to discuss and review draft amendments to the ARU standards on August 22, 2017,October 24, 2017,November 28, 2017and February 27, 2018study sessions. Ashland began allowing ARUs almost three decadesago when the land use ordinance was amended in 1991 to allow ARUs in the Single-Family Residential (R-1) zones. In 2002, the allowance for ARUs was extended to the Rural Residential (RR) zone and in 2008 was extended to the Multi-Family (R-2 and R-3) zones.In 2015, the planning approval process for ARUs waschangedfrom a conditional use to a permitted use. As a result, the planning Planning Action PA-L-2018-00002Ashland Planning Division–Staff Report Applicant: City of AshlandPage 1of 5 application process was shifted to Site Design Review from the more discretionary Conditional Use Permit process. Since Ashland began allowing ARUs in 1991, 191 units have been approved. According to staff’s research, 79 ARUs have been approved in the last ten years (2007 –2017) and 41 of those units, or 52 percent,were lessthan 500 square feet in size. The chart below shows the number of ARUs approved by year for the last ten years (2007-2017). Approved ARUs 20 18 16 14 12 10 8 6 4 2 0 20072008200920102011201220132014201520162017 Year B. Ordinance Amendments 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 a single-familyresidence 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 attached to a single-family dwelling with a building permit. Site Design Review approval is normally required for any development that includes two or more dwellings on one tax lot, including accessory residential units.The Site Design Review process requires a pre-application conference ($136) and planning application ($680) prior to submitting a building permit application. The pre-application and planning application process take approximatelytwo to three months to complete, including the required noticing and comment periods. 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,RR, NN and NM zones. These small ARUs would not be required to have additional off-street parking if 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. Planning Action PA-L-2018-00002Ashland Planning Division–Staff Report Applicant: City of AshlandPage 2of 5 The other significant change is an increase in the ARU size for calculating the off-street parking requirement. Currently, one off-street parking space is required for ARUs less than 500 square feet. In the proposed draft, the size has been increased so that one space is required for ARUs less than 800 square feet in size. The change in size for one off-street parking spaces is consistent with the recently adopted ordinance requirements for cottage housing. The proposed amendments to the land use ordinance are attached.Grey text is unchanged, strikeout text is deletedunderline text is new (or moved) and –these changes are shown in relation to the ordinance that is currently in place.Staff has added explanatory notes throughout the draft. Change in Circumstances or Conditions AMC 18.5.9.020.B permits legislative amendments to meet changes in circumstances and conditions. The Planning Commission makes a recommendation to the City Council and the City Council makes the final decision. Housing prices throughout Oregon continue to go up,outpacing employment and wage growth. Less housing was constructed during the recession and this has exacerbated the impacts to housing supply. In response, Oregon passed Senate Bill 1051 in 2017 which included a provision that requires cities and counties to allow at least one accessory dwelling unit (ADU)per lotin areas zoned for detached single-family dwellings, subject to reasonable local regulations relating to siting and design. The new regulations become effective on July 1, 2018. The Oregon Department of Land Conservation and Development (DLCD) released a guiding document for implementing the ADU requirement under Senate Bill 1051 in March 2018 (see attached). The purpose of the document is to provide cities and counties guidance on ADU requirements that are “reasonable” give the language included in Senate Bill 1051.The DLCD guiding documentdiscourages requiring a minimum lot size for ADUs, building design standards outside of historic districts, off-street parking for ADUs, owner-occupancy of the property, and separate sewer and water connections. The existing ARU standards as well as the draft amendments for exempt ARUs are largely consistent with DLCD’s guiding document for implementation of SenateBill 1051. Ashland’s ARU ordinances do not require a minimum lot size, limit building design standards to historic district properties, do not require owner-occupancy of the property and do not require separate sewer and water connections. The existing standardsdiverge from the DLCDguiding document in that off-street parking is required for ARUs. However, on-street parking is allowed to replace off-street parking requirements for an ARU at a rate of one on-street parking space for one required off-street parking space. The proposed amendments do not require off-street parking for the new exemptARUsif off-street parking is available within 200 feet of the property. Planning Action PA-L-2018-00002Ashland Planning Division–Staff Report Applicant: City of AshlandPage 3of 5 Statewide Planning Goal 10 requires cities to inventory buildable lands for residential use and implement plans that encourage the availability of adequate numbers of needed housing units and price ranges and rent levels which are commensurate with the financial capabilities of households. Needed housing units is defined as housing types determined to meet the need shown for housing within an urban growth boundary at particular priceranges and rent levels. At the local level, demographic data shows that Ashland differs from cities of comparable size due to a higher concentration of students and residents 65 years old and older.The average household size for the State of Oregonwasapproximately2.47 people per household in the 2010 Census.In comparison, Ashland hadan average household size of2.03persons per householdin 2010. Portland State University is charged with developing population projections for cities and counties in Oregon and in a recent presentation, noted the average household size for Ashland and Jacksonville as 2.00 person per household. This difference in person per householdsisattributed to the large number of single person households within Ashland (37.7percent). Roughly a third of these single occupant households are individuals 65 and over. The City of Ashland’s 2012 housing needs analysis identifies a deficit in rental housing for extremely-low income (less than30 percentof area median income) and low-income households (between 30 percentand 50 percentof area median income). These two groups represent 23.5 percent of Ashland’s households. The analysis recommends the City encourage more rental studio units andone-bedroom units, and encourage ARUs asan outright permitted use in the single-family zones. The proposed amendments allow ARUs less than 500 square feet in size that are within or attached to a single-family residence as an outright permitted use that is exempt from the planning application process. The revisions are intended to address the 2012 housing needs analysis findings and recommendations focused on encouraging studio and one-bedroom rental units. II.Procedural 18.5.9.020Applicability and Review Procedure Applications for PlanAmendments and Zone Changes are as follows: B.Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type III Planning Action PA-L-2018-00002Ashland Planning Division–Staff Report Applicant: City of AshlandPage 4of 5 procedure. 1.Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2.Comprehensive Plan changes, including text and map changes or changes to other official maps. 3.Land Use Ordinance amendments. 4.Urban Growth Boundary amendments. III.Conclusionsand Recommendations If the Commission recommends approval of the attached ordinance, staff will prepare a formal recommendation to the Council for the Commission’s review at a future meeting. Planning Action PA-L-2018-00002Ashland Planning Division–Staff Report Applicant: City of AshlandPage 5of 5 City of Ashland Accessory Residential Unit Revisions DraftOrdinance Amendments–4/24/18 Section 18.2.2.030is amended to read as follows: 18.2.2.030Allowed Uses A.Uses Allowed in Base Zones.Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subjectto approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited.For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City’s overlays zones, refer topart 18.3. Commented \[MH1\]: Removed because repetitive – covered under subsection D and E below. B.Permitted Uses and Uses Permitted Subject to Special Use Standards.Uses listed as “Permitted (P)” are allowed.Uses listed as “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter 18.2.3 Special UseStandards. 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. C.Conditional Uses.Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to the requirements of chapter 18.5.4. D.Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses aresubject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E.Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply withinoverlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For uses allowed in special districts CM, HC, NM, NN and SOU, and for regulations applying to the City’s overlays zones, refer to part 18.3.For regulations applying to the City’s overlays zones, please refer to part 18.3. F.Accessory Uses. Uses identified as “Permitted (P)” are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G.Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H.Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: Accessory Residential Units Revisions,April 24, 2018 Page 1 1.Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2.Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3.Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. I.Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Accessory Residential Units Revisions,April 24, 2018 Page 2 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D A. Agricultural Uses 1 Agriculture,except Keeping of Bees, Animal sales, feed yards, keeping of Livestock and Micro-Livestock, Homegrown PPPPPPNNNswine, commercial compost, or similar Marijuana Cultivation, and Marijuana uses not allowed Production Keeping of BeesSSSSSSNNNSec. 18.2.3.160 Keeping of LivestockSNNNSSNNN Keeping of Micro-LivestockSSSSSSNNN Sec. 18.2.3.190 Marijuana Cultivation, HomegrownSSSSSSSSS See General Industrial, Marijuana Production 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 Sec. Accessory Residential UnitSSNNNN SSS18.5.2.020.C.2 Commented \[MH2\]: Adds the new exempt ARUS as a permitted use “P” Duplex DwellingSPPPNNSSNSec. 18.2.3.110Duplex Dwelling Manufactured Home on Individual LotSec. 18.2.3.170 and not allowed in SSSSNNNNN Historic District Overlay 1 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 3 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D B. Residential Uses 2 (continued) Manufactured Housing DevelopmentCU+Sec. 18.2.3.180 NSNNNNNN 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 Rental Dwelling Unit Conversion to For- NNSSNNNNNSec. 18.2.3.200 Purchase Housing Home OccupationSSSSSSSSNSec. 18.2.3.150 C. Group Living See chapter 18.3.3Health Care Nursing Homes, Convalescent HomesCUCUCUCUCUCUNNN Services Residential Care HomePPPPPPNNNSubject to State licensing requirements Residential Care FacilityCUPPPCUCUNNNSubject to State licensing requirements Room and Boarding FacilityNPPPNNNNN D. Public and Institutional Uses AirportSee chapter 18.3.7Airport Overlay Cemetery, Mausoleum, ColumbariumNNNNCUNNNN 2 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 4 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D D. Public and Institutional Uses 3 (continued) Child Care FacilityFamily Child Care Home exempt from planning application procedure pursuant CUCUCUCUCUCUPPP to ORS 329A.440, see part 18.6 for definition Club Lodge, Fraternal OrganizationCUCUCUCUCUCUPCUCU Community Service, includes Governmental Offices and Emergency CUCUNNCUCUPPP Commented \[MH3\]: Removed because duplicates Services (e.g., Police, Fire); excluding “government offices and emergency services three lines Outdoor Storage below. Electrical SubstationNNNNNNCUCUP See chapter 18.3.3Health Care HospitalsCUCUCUCUCUNNNN Services Governmental Offices and Emergency Services (e.g., Police, Fire); excluding CUCUNNCUCUPPP Outdoor Storage Mortuary, Crematorium NNNNCUNPPP Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature PPPPPPNNN preserves, athletic fields, courts, swim pools, similar uses Public Parking Facility NNNNNNPNPNP Commented \[MH4\]: Correction because public parking facility allowed in E-1 and M-1 in the pre-2015 code. Public Works/Utilities Storage Yard; includes vehicle and equipment, NNNNNNNPP Commented \[MH5\]: Removed because “Utility and maintenance, repair Service Building, Yard and Structure” below. In addition, the uses are listed incorrectly and not consistent with pre-2015 code. 3 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 5 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D D. Public and Institutional Uses 4 (continued) Not allowed within 200 ft of a Recycling DepotNNNNNNNPP residential zone Religious Institution, Houses of WorshipCUCUCUCUCUCUCUCUCU School, Private (Kindergarten and up)CUCUCUCUCUCUNNN School, Public (Kindergarten and up)PPPPPCUNNN School, Private College/Trade/Technical NNNNNNNCUP School Includes public service building, Utility and Service Building, Yard and yard, and structures such as Structure, Public and Quasi-Public, public works yards CUCUNNCUCUPPP excluding underground utilities and Commented \[MH6\]: Was added in 2015 in an attempt to Yards not allowed in the RR, WR, electrical substations clarify that utilities that run underground throughout the and C-1 zone City do not fall in this category. However the language has simply proved confusing P orP or P or Wireless Communication FacilityCUCUCUCUCUCUSec.18.4.10 Commented \[MH7\]: Added for consistency with pre- CUCUCU 2015 code. E. Commercial Uses Amusement/Entertainment, includes theater, NNNNP concert hall, bowling alley, miniature golf, NNCUP arcade; excluding drive-up uses Automotive and Truck Repair, or Service; Sec. 18.2.3.050 includes fueling station, car wash, tire sales S or S or NNNN and repair/replacement, painting, and other In C-1 zone, fuel sales and service NNP CU CU repair for automobiles, motorcycles, aircraft, limited tois a permitted use provided boats, RVs, trucks, etc. within the FreewayOverlay, see 4 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 6 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D chapter 18.3.8;conditional use in locations outside of Freeway Overlay In E-1 zone, auto and truck repair is a permitted use if 200 feet or more from residential zones; fuel salesand servicerequires CU permit Commented \[MH8\]: Added for consistency with pre- 2015 code E. Commercial Uses (continued)5 Automotive Sales and Rental, except within Except nNotallowed within Historic the Historic Interest Area;includesNNNNNNCUCUP District Overlay motorcycles, boats, RVs, and trucks Commented \[MH9\]: Duplicative wording Accessory Travelers’ Accommodation (See CU+CU+ NNNNNNN Sec. 18.2.3.220 also Travelers’ Accommodation)SS Bakery, except as classified as Food NNNNNNPPP Processing Commercial Laundry, Cleaning, and Dyeing NNNNNNSSP Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis CUCUNNCUCUNNN club; excluding intensive uses such as driving range, race track, or amusement park Per Sec. 18.2.3.100, Drive-Up uses are Drive-Up Use NNNNNlimited to area east of Ashland St at NNS intersection of Ashland St/Siskiyou Blvd *In C-1 zone, requires annual Type I review for at least the first three years, HostelNNCUCUNNCU*NNafter which time the Planning Commission may approve a permanent facility through the Type II procedure 5 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 7 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D 6 E. Commercial Uses (continued) Hotel/Motel NNNNNNCUCUP No animals kept outside within 200 Kennel (See also Veterinary Clinic)NNNNNNSSCU feet of a residential zone Limited Retail Uses in Railroad Historic Sec.18.2.2.210for Retail Uses Allowed NCUCUCUNNNNN Districtin Railroad Historic District Lumber Yard and Similar Sales and Rental NNNNNNNCUCUP of Building or Contracting Supplies, or Heavy Commented \[MH10\]: For consistency with pre-2015 Equipment code Per Sec. 18.2.3.190, marijuana retail sales are limited to the C-1 and E-1 Marijuana Retail Sales, includes sale of S or S or NNNNNNN zones and located on a boulevard or medical and recreational marijuanaCUCU 200 feet or more from any residential zone, see Sec 18.2.3.190. Not allowed within the Historic District Nightclub, BarNNNNNNSCUP Overlay unless located in C-1-D Office (See also Commercial Services) NNCUCUNNPPP Commented \[MH11\]: Commercial Services reference doesn’t point to anything Outdoor Storage of Commodities or NNNNNNCUCUP Equipment associated with an allowed use Plant Nursery, Wholesale, except Marijuana Production NNCUCUNNNNN 6 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 8 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D E. Commercial Uses (continued)7 RestaurantsNNNNNNPPP Commented \[MH12\]: Restaurants were inadvertently removed as a use in the 2015 code, added back in consistent with pre-2015 code In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210for retail uses allowed in Railroad Historic District CU+ In E-1 zone, Retail limited to 20,000 sq Commercial Retail Sales and Services, NNNNNPSS S ft of gross leasable floor space per lot. except Outdoor Sales and Services Commented \[MH13\]: “Commercial”doesn’tmatch In M-1 zone, uses limited to serving definition terminologyof “Retail Sales and Services.” persons working in zone See Marijuana Retail Sales Self-Service Storage, Commercial (Mini- NNNNNNNCUP Warehouse) Traveler’s’Accommodation (See also CU+CU+ NNNNNNNSec.18.2.3.220 Accessory Travelers’ Accommodation)SS Veterinary ClinicNNNNNNPPP F. Industrial and Employment Uses In the E-1 zone, uses within 200 feet S orof a residential zone require CU Cabinet, Carpentry, and Machine Shop, and NNNNNNNP permit related Sales, Services, and Repairs CU 7 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 9 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D F. Industrial and Employment Uses 8 (continued) Commercial Excavation and Removal of CU+ NNNNNNNNSec. 18.2.3.070 Sand, Gravel, Stone, Loam, Dirty or Other S Earth Products Concrete or Asphalt Batch PlantNNNNNNNNCU Dwelling for a caretaker or watchman NNNNNNNCUCU In the C-1 zone, manufacture or assembly of items sold is a permitted Food Products use, provided such manufacturing or Manufacture/Processing/Preserving, assembly occupies 600 square feet NNNNNNSSP including canning, bottling, freezing, drying, or less, and is contiguous to the and similar processing and preserving. permitted retail outlet In the E-1 zone, See Sec. 18.2.3.140 In E-1 and M-1 zones, marijuana laboratory, processing, and production are subject to the special Manufacture, General, includes Marijuana P or P or NNNNNNN use standards in Sec. 18.2.3.190 Laboratory, Processing, and ProductionSS See Marijuana Cultivation, Homegrown Requires assembly, fabricating, or packaging of products from previously prepared materials such Manufacture, Light; excluding saw, planning NNNNNNSPPas cloth, plastic, paper, cotton, or or lumber mills, or molding plants. wood In the C-1 zone, manufacture or assembly of items sold in a permitted 8 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 10 Table 18.2.2.030 –Uses Allowed by Zone R-1-C-1 & Special Use Standards R-1R-2R-3RRWRE-1M-1 3.5C-1-D use, provided such manufacturing or assembly occupies 600 square feet or less, andis contiguous to the permitted retail outlet F. Industrial and Employment Uses 9 (continued) Outdoor Storage of Commodities or NNNNNNCUCUP Equipment associated with an allowed use NNNNNNNPP Television and Radio Broadcasting Studio Deliveries and shipments limited to 7AM-9PMwithin 200 feet of a residential zone Wholesale Storage and Distribution, includes NNNNNNNSS Marijuana Wholesale In E-1 and M-1 zones, marijuana wholesale is subject to the special use standardsin Sec. 18.2.3.190 Wrecking, Demolition, and Junk YardsNNNNNNNNCU G. Other Uses Temporary Tree SalesNNNNNNPNNAllowed from November 1 to January 1 Temporary UseCU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H 9 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Accessory Residential Units Revisions,April 24, 2018 Page 11 Section 18.2.3.040is amended to read as follows: 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 allof 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 \[MH14\]: Creates new group of ARUs that are permitted outright subject to the use standards in A. 1.The accessory residentialunit is located in the R-1, R-1-3.5, RR, NNand NM zones. Accessory residential units in the R-2 and R-3zones require Site Design Review under chapter 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, except that parking spaces, turn- 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 permittedwithin 200 feet of the property. 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. 2.Accessory residential units are not subject to the density or minimum lot area requirements of the zone, except that accessory residential units shall be counted in the density of developments created under the Performance Standards Option in chapter 18.3.9. Commented \[MH15\]: Eliminates the requirement that ARUs be counted in the density of subdivsions. 3.The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lotand shall not exceed 1,000 Accessory Residential Units Revisions,April 24, 2018 Page 12 square feet GHFA. 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 with the 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. BC.RR Zone. In addition to the standards in subsection 18.2.3.040.A, accessory residential units in the RR zone shall meet the following requirementsunless exempted in subsection 18.2.3.040.A, above.. 1.If the accessory residential unit is not part of the primary dwelling, all construction and land disturbance associated with the accessory residential unit shall occur on lands with less than 25 percent slope. 2.The lot on which the accessory residential unit is located shall have access to an improved city street, paved to a minimum of 20 feet in width, with curbs, gutters, and sidewalks. Commented \[MH16\]: Development in hillside lands (25% slope and over) is required to obtain a planning approval for 31.No on-street parking credits shall be allowed for accessory residential units. a Physical Constraints Permit under chapter 18.3.10. 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.Bunless exempted in subsection 18.2.3.040.A, above. F.NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.Bunless 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 \[MH17\]: Provides cross reference to Normal Neighborhood and North Mountain Neighborhood districts. Section 18.2.3.160(B) is amended to read as follows: B.Structures. Livestock enclosures and structures, including barns, stables, chicken coops and runs, rabbit hutches, goat barns, and other structures, shall be in compliance with 18.2.4.020subsection 18.2.5.040.D,this ordinance and with all applicable building codes. Commented \[MH18\]: Corrected reference to setbacks for micro-livestorck enclosure. Accessory Residential Units Revisions,April 24, 2018 Page 13 Section 18.3.4.040(C)is amended to read as follows: C.General Use Regulations.Allowed Uses.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. 1.Uses Allowed in Normal Neighborhood District. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.4.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. All uses are subject to thedevelopment 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 ReviewProcedure. a.Permitted Uses. Uses listed as “Permitted (P)” are allowed. bPermitted Uses and Uses Permitted Subject to Special Use Standards.Uses listed as . “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter18.2.3 Special Use Standards. c.Conditional Uses. Uses listed as “Conditional Use Permit Required (C)” are allowed subject to the requirements of chapter 18.5.4Conditional Use Permits. d.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. 2.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. 3.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 \[MH19\]: Edited to provide consistency in use sections in special districts (i.e. Normal Neighborhood, North Mountain Neighborhood). Accessory Residential Units Revisions,April 24, 2018 Page 14 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 Commercial 10 Table 18.3.4.040 Normal Neighborhood District Uses Allowed by Zone 11 Normal Neighborhood District Zones 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 \[MH20\]: Adds new exempt ARUs as permitted use in Normal Neighborhood District. 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 MedicalOffices, 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 10 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 11 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,April 24, 2018 Page 15 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. Section 18.3.4.060(B)(2)is amended to read as follows: 2.Cottage Housing. \[Reserved\]Cottage Housing Developments in the Normal Neighborhood shall be developed in accordance with the standards in 18.2.3.090. Section 18.3.5.050is amended to read as follows: 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 Subject to Special Use Standards.Uses listed as “Permitted Subject to Special 2. 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 Commented \[MH21\]: Edited to provide consistency in use sections in special districts (i.e. Normal Neighborhood, the City’s overlays zones, please refer to part 18.3. North Mountain Neighborhood). Accessory Residential Units Revisions,April 24, 2018 Page 16 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. Accessory Residential Units Revisions,April 24, 2018 Page 17 Table 18.3.5.050 –North Mountain Neighborhood Uses Allowed by Zone 12 North Mountain Neighborhood Zones 13 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 18.2.3.040 Home OccupationsPPPPN 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 12 Key: P = Permitted Uses; S =Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 13 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open Space. Accessory Residential Units Revisions,April 24, 2018 Page 18 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. Commented \[MH22\]: Rather than repeat the special use standards in 18.2.3.040, provide a cross reference to that a.Accessory residential units are not subject to the density requirements of the section. 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 exceed 50 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. 2.Agricultural Uses.In the NM-Civic zone, agriculture may include community garden 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,April 24, 2018 Page 19 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. Section 18.3.9.050(A)is amended to read as follows: A.Base Densities.The density of the development shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations, shall not apply towards the total density. Accessory residential units are not required to meet the density requirementsof this chapterin accordance with section 18.2.3.040. Commented \[MH23\]: Clarifies that ARUs are permitted in Performance Standard Subdivisions without being included in the density calculation and not requiring amendment to the previous subdivision approval. Section 18.4.2.030(B)is amended to read as follows: 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 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 in 18.4.2.050also apply. Commented \[MH24\]: Specifies the Building Placement, Orientation, and design standards in chapter 18.4.2 that are applicable to ARUs. Eliminates multi-family requirements for a landscape plan and installation, street trees and open Section 18.4.3.040is amended to read as follows: space for ARUs. 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 2 spaces for the primary dwelling unitand the following for -fF Commented \[MH25\]: Singleamily Dwellings The fractional standards have been accessory residential unitsattached dwelling units . historically used for townhome developments (attached dwelling on an individual lot). Accessory Residential Units Revisions,April 24, 2018 Page 20 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.) 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. d.3-bedroom or greater units --2.00 spaces/unit. 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. Commented \[MH26\]: ARUs that require a planning approval (those that are not exempt) can provide one off- a.Studio units or 1-bedroom units less than 500 sq. ft. --1 street space for units up to 800 sq. ft. in size – previously space/unit. one off-street space was required for units up to 500 sq. ft. in size. One off-street parking space per 800 sq. ft. unit is b.1-bedroom units 500 sq. ft. or larger --1.50 spaces/unit. used for cottage housing. 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; plus1 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. Accessory Residential Units Revisions,April 24, 2018 Page 21 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.) 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. 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 1space 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,April 24, 2018 Page 22 Section 18.4.3.060is amended to read as follows: 18.4.3.060Parking Management Strategies Except for single-family dwellings, the off-street parking spaces may be reduced through the application of the following credits. The total maximum reduction in off-street parking spaces is 50 percent, except as allowed for Off-Site Shared Parking credits in subsection 18.4.3.060.E, below. The approval authority shall have the discretion to adjust the proposed off-street parking reduction based upon site specific evidence and testimony, and may require a parking analysis prepared by a qualified professional.See 18.4.3.030.A.3 for parking analysis Commented \[MH27\]: To address issue that was raised in Planning Commission review of the planning application at requirements. 165 Water St. Section 18.4.3.080(D)and (E)are amended to read as follows: 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 driveway serving 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. Commented \[MH28\]: Language added so ARUs will not trigger driveway width upgrades. 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. Accessory Residential Units Revisions,April 24, 2018 Page 23 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 by a 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. Commented \[MH29\]: Language added so ARUs will not trigger the paving of driveway and parking spaces. 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 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 shallbe 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 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 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- Accessory Residential Units Revisions,April 24, 2018 Page 24 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 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. 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. 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 directlyvisible from abutting residential property. Lighting shall comply with section 18.4.4.050. Section 18.5.2.020(B)and (C) areamended to read as follows: 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. 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 \[MH30\]: Clarifies that new exempt ARUs are not subject to Site Design Review. 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 aresidential 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. Accessory Residential Units Revisions,April 24, 2018 Page 25 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 of wireless 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 dwellings and 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. 32.Land divisions and property line adjustments, which are subject to review under chapter 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 onemeter 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. 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. Accessory Residential Units Revisions,April 24, 2018 Page 26 Section 18.6.1.030is amended to read as follows: Accessory Use.A use or activity that is subordinate toa primary use and that is clearly incidental to the primary use on a site. See also, definition of Primary Use. Commented \[MH31\]: The definition of “Accessory Use” was inadvertently deleted from the code in 2015. 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 Commented \[MH32\]: To provide clarification that existing floor area in a home can be an ARU. independent means of access (i.e., door). - Duplex Dwelling. A structure that contains 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. Parking Area or Lot. Any area inside, under,or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, or structures, except that parking spaces serving a single-family home oraccessory residential units are notconsidered a parking area or lot. Accessory Residential Units Revisions,April 24, 2018 Page 27 -Private Parking Area or Lot. A parking area for the exclusive use of the owners of the lot on which the parking area is located or whomever else they permit to use the parking area. -Public Parking Area or Lot. A parking area available to the public, with or without payment of a fee. Commented \[MH33\]: Added for two reasons – 1. public park is a use listed in the allowed uses table for the base Primary Use. An activity or combination of activities of chief importance on the site. One of the zone and 2. To clarify that parking in single-family zones for main purposes for which the land or structures are intended, designed,or ordinarily used. A homes and ARUs are not considered a “Parking area or lot.” site may have more than one primary use.See also, definition of Accessory Use. Commented \[MH34\]: Provide cross reference. Retail Sales and Services. Retail sales and serviceuses sell, lease, or rent new or used products, goods, or services.They include services such as a beauty salon, barber, repair service, and similar uses. Commented \[MH35\]: To give examples of services. Accessory Residential Units Revisions,April 24, 2018 Page 28 GUIDANCE ON IMPLEMENTING THE ACCESSORY DWELLING UNITS (ADU) REQUIREMENT UNDER OREGON SENATE BILL 1051 M. Keplinger’s backyard detached ADU, Richmond neighborhood, Portland, OR. (Photo courtesy of Ellen Bassett and accessorydwellings.org.) OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT MARCH 2018 Oregon Department of Land Conservation and Development Introduction As housing prices in Oregon go up, outpacing employment and wage growth, the availability of affordable housing is decreasing in cities throughout the state. While Oregon’s population continues to expand, the supply of housing, already impacted by less building during the recession, has not kept up. To address the lack of housing supply, House Speaker Tina Kotek introduced House Bill 2007 during the 2017 legislative session to, as she stated, “remove barriers to development.” Through the legislative process, legislators placed much of the content of House Bill 2007 into Senate Bill 1051, which then passed, and was signed into law by Governor Brown on August 15, 2017. Among the provisions of SB 1051 is the requirement that cities and counties of a certain population allow accessory dwelling units (ADUs) as described below: a)A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design. b)As used in this subsection, “accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single- family dwelling. This new requirement becomes effective on July 1, 2018 and subject cities and counties must accept applications for ADUs 1 starting July 1, 2018. inside urban growth boundaries (UGBs) Many local governments in Oregon already have ADU regulations that meet the requirements of SB 1051, however, some do not. Still others have regulations that, given the overall legislative direction to encourage the construction of ADUs to meet the housing needs of Oregon’s cities, are not “reasonable.” The Oregon Department of Land Conservation and Development (DLCD) is issuing this guidance and model code language to help local governments comply with the legislation.The model code language is included on its own page at the end of this document. 1 The passage of HB 4031 in 2018 limited the siting of ADUs within UGBs. - ADU Guidance 1- March 2018 Guidance by Topic The purpose of the following guidance is to help cities and counties implement SB 1051 in a manner that meets the letter and spirit of the law: to create more housing in Oregon by removing barriers to development. Number of Units SB 1051 requires subject cities and counties to allow “at least one accessory dwelling unit for each detached single-family dwelling.” While local governments must allow one ADU where required, DLCD encourages them to consider allowing two units. For example, a city or county could allow one detached ADU and allow another as an attached or interior unit (such as a basement conversion). Because ADUs blend in well with single-family neighborhoods, allowing two units can help increase housing supply while not having a significant visual impact. Vancouver, BC is a successful example of such an approach. Siting Standards In order to simplify standards and not create barriers to development of ADUs, DLCD recommends applying the same or less restrictive development standards to ADUs as those for other accessory buildings. Typically that would mean that an ADU could be developed on any legal lot or parcel as long as it met the required setbacks and lot coverage limits; local governments should not mandate a minimum lot size for ADUs. So that lot coverage requirements donotpreclude ADUs from being built on smaller lots, local governments should review their lot coverage standards to make sure they don’t create a barrier to development. To address storm water concerns, consider limits to impermeable surfaces rather than simply coverage by structures. In addition, any legal nonconforming structure (such as a house or outbuilding that doesn’t meet current setback requirements) should be allowed to contain, or be converted to, an ADU as long as the development does not increase the nonconformity. Design Standards Any design standards required of ADUs must be clear and objective (ORS 197.307\[4\]). Clear and objective standards do not contain words like “compatible” or “character.” With the exception of ADUs that are in historic districts and must follow the historic district regulations, DLCD does not recommend any special design standards for ADUs. Requirements that ADUs match the materials, roof pitch, windows, etc. of the primary dwelling can create additional barriers to development and sometimes backfire if the design and materials of the proposed - ADU Guidance 2- March 2018 ADU would have been of superior quality to those of the primary dwelling, had they been allowed. Parking Requiring off-street parking is one of the biggest barriers to developing ADUs and it is recommended that jurisdictions not include an off-street parking requirement in their ADU standards. Adding off-street parking on many properties, especially in older centrally-located areas where more housing should be encouraged, is often either very expensive or physically impossible. In addition, when adding an additional off-street parking space requires a new or widened curb cut, it removes existing on-street parking, resulting in no net gain of parking supply. As an alternative to requiring off-street parking for ADUs, local governments can implement a residential parking district if there is an on-street parking supply shortage. For more help on parking issues, visit www.oregon.gov/lcd/tgm/pages/parking.aspx or contact DLCD. Owner Occupancy Owner-occupancy requirements, in which the property owner is required to live on the property in either the primary or accessory dwelling unit, are difficult to enforce and not recommended. They may be a barrier to property owners constructing ADUs, but will more likely simply be ignored and constitute an on-going enforcement headache for local governments. Public Utilities Development codes that require ADUs to have separate sewer and water connections create barriers to building ADUs. In some cases, a property owner may want to provide separate connections, but in other cases doing so may be prohibitively expensive. System Development Charges (SDCs) While SDCs are not part of the development code and SB 1051 does not require them to be updated, local governments should consider revising their SDCs to match the true impact of ADUs in order to remove barriers to their development. ADUs are generally able to house fewer people than average single-family dwellings, so their fiscal impact would be expected to be less than a single-family dwelling. Accordingly, it makes sense that they should be charged lower SDCs than primary detached single- family dwellings. - ADU Guidance 3- March 2018 This page intentionally left blank. - ADU Guidance 4- March 2018 Accessory Dwellings (model code) Note: ORS 197.312 requires that at least one accessory dwelling be allowed per detached single-family dwelling in every zone that allows detached single-family dwellings. Accessory dwellings are an economical way to provide additional housing choices, particularly in communities with high land prices or a lack of investment in affordable housing. They provide an opportunity to increase housing supply in developed neighborhoods and can blend in well with single-family detached dwellings. Accessory dwelling regulations can be difficult to enforce when local codes specify who can own or occupy the homes. Requirements that accessory dwellings have separate connections to and pay system development charges for water and sewer services can pose barriers to development. Concerns about neighborhood compatibility, parking, and other factors should be considered and balanced against the need to address Oregon’s housing shortage by removing barriers to development. The model development code language below provides recommended language for accessory dwellings. The italicized sections in brackets indicate options to be selected or suggested numerical standards that communities can adjust to meet their needs. Local housing providers should be consulted when drafting standards for accessory dwellings, and the following standards should be tailored to fit the needs of your community. Accessory dwellings, where allowed, are subject to review and approval through a Type I procedure\[, pursuant to Section ________,\] and shall conform to all of the following standards: \[A. One Unit. A maximum of one Accessory Dwelling is allowed per legal single-family dwelling. The unit may be a detached building, in a portion of a detached accessory building (e.g., above a garage or workshop), or a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor). / A. Two Units. A maximum of two Accessory Dwellings are allowed per legal single-family dwelling. One unit must be a detached Accessory Dwelling, or in a portion of a detached accessory building (e.g., above a garage or workshop), and one unit must be attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor).\] B. Floor Area. 1.A detached Accessory Dwelling shall not exceed \[800-900\] square feet of floor area, or \[75\] percent of the primary dwelling’s floor area, whichever is smaller. 2.An attached or interior Accessory Dwelling shall not exceed \[800-900\] square feet of floor area, or \[75\] percent of the primary dwelling’s floor area, whichever is smaller. However, Accessory Dwellings that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the Accessory Dwelling would be more than \[800-900\] square feet. C. Other Development Standards. Accessory Dwellings shall meet all other development standards (e.g., height, setbacks, lot coverage, etc.) for buildings in the zoning district, except that: 1.Conversion of an existing legal non-conforming structure to an Accessory Dwelling is allowed, provided that the conversion does not increase the non-conformity; and - ADU Guidance 5- March 2018 2.No off-street parking is required for an Accessory Dwelling. Definition (This should be included in the “definitions” section of the zoning ordinance. It matches the definition for Accessory Dwelling found in ORS 197.312) Accessory Dwelling – An interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling. - ADU Guidance 6- March 2018