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HomeMy WebLinkAbout2015-02-10 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 REGULAR MEETING FEBRUARY 10, 2015 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. CONSENT AGENDA A. Approval of Minutes 1. January 13, 2015 Regular Meeting. V. PUBLIC FORUM VI. LEGISLATIVE PUBLIC HEARINGS A. PLANNING ACTION: #2014-02053 DESCRIPTION: Proposed amendments to the land use ordinance which would allow small scale short-term rental units (i.e., accessory traveler’s accommodations) in the single-family and multi- family zones. The proposed amendments are to Chapter 18.2.2 Base Zones and Allowed Uses, Chapter 18.2.3 Special Use Standards, and Chapter 18.6.1 Definitions. VII. OTHER BUSINESS VIII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES January 13, 2015 CALL TO ORDER Chair Richard Kaplan called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Maria Harris, Planning Manager Michael Dawkins April Lucas, Administrative Supervisor Richard Kaplan Debbie Miller Melanie Mindlin Tracy Peddicord Lynn Thompson Absent Members: Council Liaison: None Mike Morris ANNOUNCEMENTS Planning Manager Maria Harris announced the new land use ordinance goes into effect on January 17 and stated staff is in the process of printing new copies of the code for the Commission. She added there were a few amendments that were not adopted and will come back to the Commission for additional review, including cottage housing and residential buildings that are part of a multiple building development in commercial zones. CONSENT AGENDA A.Approval of Minutes 1. November 25, 2014 Special Meeting. 2. December 9, 2014 Regular Meeting. Commissioners Miller/Mindlin m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed unanimously.\[Commission Brown abstained from the approval of November 25, 2014 minutes\] PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Spoke regarding global warming and asked the City to stop adding more buildings and homes and to put a moratorium on growth. UNFINISHED BUSINESS A.Approval of Findings for PA-2014-01956, First Place Subdivision (Lithia Way & First Street) Ex Parte Contact No ex parte contact was reported. Commissioner Mindlin noted a correction to page 4 of the Findings (Section 2.3); the word “vacation” should be changed to “vacant.” Ashland Planning Commission January 13, 2015 Page 1 of 5 Commissioners Miller/Thompson m/s to approve the Findings with the noted correction. Roll Call Vote: Commissioners Brown, Dawkins, Thompson, Peddicord, Miller, Mindlin and Kaplan, YES. Motion passed unanimously. DISCUSSION ITEMS A.Accessory Traveler’s Accommodations in Residential Zoning Districts (Short Term Rentals) Commissioner Mindlin recused herself from this discussion item. Planning Manager Maria Harris presented the staff report and draft ordinance to the Commission. She reviewed some of the key provisions of the ordinance, which include: The operator of the accessory traveler’s accommodation must be the property owner, and the property must serve as the property owner’s primary residence. There is a limitation on the size of the operation. Only one accessory traveler’s accommodation is permitted. The accommodation can be up to two bedrooms with no kitchen facilities, but it must be made under one reservation. The ordinance does not require the accommodation to be within the footprint of the primary residence. No more than five people can be on the site at one time (including the property owners). The property must have two off-street parking spaces. The property must be located within 200 ft. of a boulevard, avenue, or neighborhood collector. Approved accessory traveler’s accommodations would require a review and renewal of the conditional use permit within 24 months. Ms. Harris clarified this is a draft ordinance and the Commission can edit or change as they see fit. She added depending on how the discussion goes, the final ordinance could come back before the Commission for the public hearing on February 10, 2015. Commission Discussion Commissioner Thompson asked if there is anything in the ordinance that would prohibit property owners from renting out the entire house when they are not there, and recommended the presence of the owner be required. Ms. Harris clarified kitchen facilities are defined as having stove/cooking facilities, and Commissioner Dawkins recommended 220 volt outlets not be allowed in accessory traveler’s accommodations. Staff was asked about the limit of five individuals. Ms. Harris clarified this language mirrors the requirements of all other single family residences. Staff was asked why this has come back to the Commission again. Ms. Harris explained the City Council is interested in looking at an ordinance that makes small scale short term rentals a possibility in single family zones. Commissioner Kaplan added the Commission needs to put forward an ordinance that lays out appropriate requirements, but stated it is also appropriate for the Commission to weigh in on whether these should be allowed at all in single family zones. Commissioner Kaplan recommended the Commission have more discussion on the draft ordinance language before they take public comment. C-1: The operator of the accessory traveler’s accommodation must be the property owner and the property must serve as the property owner’s primary residence during operation of the accessory traveler’s accommodation. Recommendation was made for staff to revisit this language to make it clear that absentee owners would not be permitted, and to perhaps establish a limit on the number of hours the property owner can be off site. C-2: The property is limited to having one accessory traveler’s accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms, not including bathrooms. Kitchen cooking facilities are not permitted with an accessory traveler’s accommodation, with the exception of kitchen cooking facilities for the primary residence. Ashland Planning Commission January 13, 2015 Page 2 of 5 Comment was made questioning if it is necessary to state that bathrooms are not included. C-3: The total number of residents and guests occupying a dwelling unit with an accessory traveler’s accommodation must not exceed the number allowed for a family. See definition of family in part 18-6. Ms. Harris commented on how this requirement has been applied in the past and stated it usually comes up with roommate situations. She added she would check with the City’s legal department to see if there is another option instead of relying on the definition of family. Suggestions were made to establish a limit on the number of guests or limit the number of vehicles. C-4: The property must have two off-street parking spaces. Ms. Harris clarified if the two parking spaces were located in the garage, this would still satisfy the requirement. Comment was made that adding additional parking could change the lot and the character of the neighborhood. C-5: No signs shall be permitted in conjunction with the operation of an accessory traveler’s accommodation. No concerns were expressed with this requirement. C-6: A home occupation is prohibited with an accessory traveler’s accommodation. No concerns were expressed with this provision. C-7: When accessory traveler’s accommodations are approved, they require a review of the original land use approval within 24 months of the initial decision. The review requires renewal of the Conditional Use Permit under chapter 18.5.4. The Commission discussed whether the property owner should have to go back through the conditional use process after two years, and if there are alternate ways these properties can be reviewed. Ms. Harris clarified this would be a one-time renewal and after that it would be compliant driven. The group discussed and voiced support for keeping this language as written. Recommendation was made for staff to revisit the wording in Section 3 to make it clearer to understand. Staff was also asked to remove “not including bathrooms.” Commissioner Kaplan asked for the group’s input on the 200 ft. rule. He stated the intent is to direct traffic onto higher order streets, and asked if this was a valid consideration. Commissioner Brown commented on the desire to get visitors out of their cars and walking, and stated if you want to maintain low car usage these accommodations need to be closer in. Comment was made that higher order streets in the R-1 zones can be quite a ways from downtown and this provision may not stop people from driving. Commissioner Thompson commented on keeping the more restrictive requirements in the R-1 zone; however, if it were her decision she would not allow these accommodations in the single family zone and would remove the distance requirements in the R-2 and R-3 zones. Public Testimony Ellen Campbell/120 Gresham/Stated lodging businesses do not belong in single family neighborhoods and asked why the City would break face with the residents who invested in homes and want to live in neighborhoods. Ms. Campbell asked if the City could draft an ordinance that protects long term housing stock and expressed concern that this would invite more illegal rentals in single family neighborhoods. She spoke to the 200 ft. rule and stated this likely works well in R-2 and R-3 zones, but the R-1 zones are further out and guests will drive if they are going more than five blocks. Adam Lemon/451 North Main/Stated he is the owner of Abigail’s Bed and Breakfast and during their analysis of the purchase they came across AirBnB and it became clear Ashland was struggling to handle this issue. Mr. Lemon stated the City’s code officer has been making strides, but does not see any proposal to increase the size of the compliance department. Lois Van Aken/140 Central/Stated she is the owner of two single reservation traveler’s accommodations in the R-3 zone, and is also president of the Ashland Lodging Association. Ms. Van Aken stated they are opposed to traveler’s accommodations in the R-1 zone and stated the financial gain to a few does not mitigate the effects that will be felt citywide. She added no matter how detailed the ordinance is, it will be impossible to enforce and monitor in the R-1 zones. Ashland Planning Commission January 13, 2015 Page 3 of 5 Francesa Amery/860 Ashland/Commented on the lack of long term rentals in Ashland and stated she wants to live in a residential neighborhood and work in a commercial neighborhood. Ms. Amery noted the noise impacts of traveler’s accommodations and stated she does not want strangers staying next door. Barbara Hetland/985 East Main/Stated this should not be done lightly and recommended this be taken to a vote of the entire City. Ms. Hetland stated the impact would be huge and there would be unforeseen circumstances. She added no one has proven there is a need for this, and asked why the City would change neighborhoods if there is no real need. John Baxter/831 Liberty/Stated he operated a short term rental until he learned this was not permitted in his zone, and now has a long term renter. Mr. Baxter stated he did not receive a single complaint when he was renting short term and the long term renter has a much greater vehicle impact. He stated the 200 ft. rule is arbitrary and recommended it be removed, and stated the conditional use permit process is sufficient for each neighborhood to decide for themselves if a short term rental is appropriate for their neighborhood. Laura Westerman/252 Timberlake/Stated her short term renters never generated a compliant, but she has received several complaints now that she is renting long term. Ms. Westerman stated her rental was 4 blocks from downtown and most visitors would never use their car and feels the 200 ft. rule is arbitrary. She voiced support for a 24 month review but recommended the fees be reduced. Katy Repp/514 Siskiyou/Voiced her support for Commissioner Thompson’s stance and voiced concern with registered sex offenders who are not required to register if they live in a place less than 30 days. Ms. Repp asked if this moves forward that property owners be required to reapply every 12 months, which is the same requirement as business licenses. Steve Richie/1481 Windsor/Voiced his support for Ashland Lodging Association and stated he is opposed to traveler’s accommodations in the R-1 zone and any expansion into the R-2 and R-3 zones. Mr. Richie stated he owns two vacation rentals in the commercial zone. One is up and running, but has been vacant much of this month, and the other is on hold pending decision of this group and the City Council. He stated he does not want to invest if they are going throw the gates open and allow this everywhere in town. He stated the City should keep the status quo and not do any further expansion. Commission Discussion Commissioner Kaplan clarified the charge of the Commission is to make a recommendation to the City Council on if accessory traveler’s accommodation are allowed in the R-1 zones, what would the requirements be. He stated they can only make a recommendation and the final decision lies with the Council. Commissioner Dawkins commented that last time this went to Council the Commission did not make a recommendation on whether this should occur, and this needs to happen this time. Commissioner Kaplan stated he does not agree with the notion that if there are legal accommodations in the R-1 zone that this will spawn more illegal activity. He added making this legal with restrictions would be a more controlled circumstance. Peddicord agreed and stated she has three main issues: 1) maintaining the neighborhood character, 2) whether it is their responsibility to preserve the investment of people who are operating legal rental accommodations and reducing competition, and 3) whether this would have more impact than those operating a home business in the R-1 zone. Commissioner Thompson restated her position that traveler’s accommodations should be not allowed in single family zones. She stated aside from the fact that there are people out there who want to do this and have financial motivations, she does not see this step is warranted. She added she would support removing the 200 ft. rule from the R-2 and R-3 zones but not allow any rentals in the R-1 zone. Commissioner Kaplan asked staff if there is a way to have a periodic review that does not trigger the full Type 1 process and fee. Commissioner Dawkins noted when the bed and breakfasts were first permitted a lot of these same discussions occurred and they also had a review period. Ms. Harris concurred and clarified there was an annual review each year for the first three years. Commissioner Brown stated they can create an ordinance if that is what they are asked to do, but he does not agree with allowing accessory traveler’s accommodations in the R-1 zone. Commissioner Kaplan announced there will be a formal hearing on this issue, and while the City Council will want to know how many agree and disagree with this, they also need to put forward an ordinance and provide input on the 200 ft. rule in R-2 and R-3 zones. OTHER BUSINESS Ashland Planning Commission January 13, 2015 Page 4 of 5 A.Planning Commission’s Annual Report Commissioner Kaplan was thanked for presenting the Commission’s annual report to the City Council. ADJOURNMENT Meeting adjourned at 9:05 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission January 13, 2015 Page 5 of 5 ASHLAND PLANNING DIVISION STAFF REPORT February 10, 2015 PLANNING ACTION: #2014-02053 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.08 Definitions AMC 18.22 Suburban Residential (R-1-3.5) AMC 18.24 Low Density Multiple Residential (R-2) AMC 18.28High Density Multiple Residential (R-3) REQUEST: Amendments to Ashland’s Municipal Code establishing an “Accessory Traveler’s Accommodation” as a new type of transient accommodation, allowed within specific residential zoning districts and subject to explicit standards. I. Relevant Facts A. Background Over the past several years, city Code Compliance has seen a dramatic increase in the number of unlicensed, short-term accommodations being operated without zoning approval. Additionally, these short term transient accommodations are knowingly or unknowingly avoiding paying local transient occupancy taxes, licensing fees and utility rates normally associated with the guest accommodation industry. In November 2013, standards in Chapter 18, Land Use, of the Ashland Municipal Code were amended that relate to the operation of a traveler's accommodation in a multi-family zoning district (R2 and R-3). The changes included stipulating that a business license, transient occupancy tax registration and land use approval be obtained prior to operation of a traveler's accommodation. Additionally, a safety inspection by the Fire Department is required before commencing the use and on a semi-annual basis thereafter. Further, the amendments not only made it a violation to offer or present a traveler's accommodation for lease before obtaining the prerequisite city permits and licenses, but also to offer by any means any use of land, a building, or premise contrary to the provisions of Chapter 18, Land Use. Single family zoning districts Following the adoption of code amendments for multi-family zoned lands, the City Council discussed code changes that would create a minor allowance for short term accommodations on owner-occupied properties in single-family zoning districts, and requested that the Planning Commission hold public Planning Action PA #2014-02053 Ashland Planning Division – Staff Report Applicant: City of Ashland Page 1 of 6 meetings and outline suggestions in a report for Council consideration. The Commission held a series of meetings starting in early 2014 and rather than focusing on the question of whether it is appropriate to allow short term accommodations in single family zoning districts suggested a variety of code standards addressing potential impacts. Highlights of the Commission’s initial July 2014 report include limiting the allowance to owner-occupied properties, permitting not more than one accommodation per property, requiring that the accommodation be attached or within the footprint of the primary residence, prohibiting kitchen facilities within the accommodation and processing a request for a short term accommodation through the conditional use permit procedure. B. Ordinance Amendments The proposed Land Use Code amendments address the approval process and set forth minimum requirements for operating an accessory traveler’s accommodation within particular residential zoning districts. Establishment of an accessory traveler’s accommodation would be subject to city procedures for a conditional use permit. An owner-applicant would prepare the land use application and submit the paperwork to the Community Development Department with the prescribed fee. Public notice would be sent to property owners within 200-feet of the site, making people aware of the land use request. Unless the proposal included significant deviations from the approval criteria, the application could be approved administratively with notice of the decision sent to surrounding property owners. An administrative decision is appealable to the Planning Commission. Following is a summary of key special use standards that will be applied to accessory traveler’s accommodations: General Requirements - Management The individual operating and managing the accessory traveler’s accommodation must be the owner of the property and the residence on the property must serve as the owner’s “primary residence”. The owner/operator is required to reside on the premises during the operation of an accessory traveler’s accommodation. Location The accessory accommodation must be on a property that is located within 200 feet of a major city street. This would include a boulevard, avenue, or neighborhood collector. Under the proposed recommendations, this type of short term rental could be allowed in R-1, R-1-3.5, R-2 and R-3 Residential Zones. Planning Action PA #2014-02053 Ashland Planning Division – Staff Report Applicant: City of Ashland Page 2 of 6 Number and Type of Accommodations One traveler accommodation (i.e. reservation) is permitted per property. The single accommodation would be restricted to two or fewer rooms. Staff is suggesting considering amending the city’s fee schedule to recognize and reflect the limited extent of accessory traveler’s accommodation proposals, specifically when compared to traveler’s accommodations with multiple units and business owner provisions. Kitchen Facilities – Not Permitted Separate kitchen cooking facilities are not permitted in conjunction with an accessory traveler’s accommodation. This provision is intended to discourage the conversion of existing, long term residential units into short term accommodations. Site Design Considerations Additional off-street parking is not required beyond that requisite for a single family residence. Accordingly, the property must have two off-street parking spaces. Guests are limited to one automobile. Additionally and similar to standards for home occupations, signs would not be permitted. Procedure for Approval and Annual Review Thereafter The request to operate an individual accessory traveler’s accommodation would require approval of a conditional use permit. The conditional use permit process would include public notice to the surrounding neighborhood, informing neighbors of the request and providing an opportunity to provide comments to the Planning Division prior to final approval. The Community Development Director’s decision could be appealed to the Planning Commission. A process to periodically review the operations of an accessory traveler’s accommodation could be established after the initial land use approval. If the process for annual or bi-annual review requires public notice, it would be customary to charge an application fee. This would result in an additional cost to the property owner. With or without an annual or biannual review, the property owner is bound by the conditions that accompany the original land use approval. Failure to maintain compliance with these conditions of approval is subject to code compliance actions or, in severe cases, a public hearing to address the possible revocation of the conditional use permit. Licensing, Inspections, Taxes & Advertising Both the existing Traveler’s Accommodation section and the newly proposed Accessory Traveler’s Accommodation code section include language that describes the owner’s responsibility for obtaining an Ashland business license, paying applicable transient occupancy tax, and scheduling a safety Planning Action PA #2014-02053 Ashland Planning Division – Staff Report Applicant: City of Ashland Page 3 of 6 inspection, if applicable. It is a violation of the land use ordinance to advertise the availability of property for use as an accessory traveler’s accommodation without land use approval, a current business license and transient occupancy tax registration. th Changes following the January 13 Planning Commission Meeting Staff revised the special use standards in 18.2.3.220.C on page 12 of the ordinance to address concerns raised by the Planning Commission at the January 13 meeting. The changes are described below. C.1 - Language was added requiring the operator to be present during the operation of the accessory traveler’s accommodation. C.2 – The previous language regarding “not including bathrooms” in the accessory traveler’s accommodation was deleted. This same language was also deleted in the definition of an accessory traveler’s accommodation on page 1. C.3 - The limitation on the number of residents and guests to the definition of a family (i.e., five people) was deleted and replaced with a limitation on the number of guests of three people. Staff believes some kind of cap on the number of guests needs to be considered so that the impact of the accessory traveler’s accommodation is comparable to other households. The Planning Commission and City Council’s previous discussions emphasized the importance of crafting an ordinance that limits impacts of short-term rentals on existing neighborhoods. C.4 – Language was added limiting the total number of guest vehicles to one. Page 13 , section 3 – A cross reference to the prohibition of signs for accessory traveler’s accommodations was added to the residential sign regulations. Page 14 , Section 4 – The definition of residential or residential use was added so that a cross reference to the definition of accessory traveler’s accommodation could be included . II. Procedural 18.108.170 Legislative amendments A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. Planning Action PA #2014-02053 Ashland Planning Division – Staff Report Applicant: City of Ashland Page 4 of 6 B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. III. Conclusions and Summary The city initially embarked on a community discussion about short term vacation accommodations in August 2012. At that time, staff noted that changes to land use requirements related to short-term vacation rentals should be undertaken with caution. This was because of potential impacts to longstanding community goals for maintaining strong neighborhoods, as well as a diverse, permanent housing stock designed to serve a wide range of households representing a variety of household incomes. Some of the potential impacts commonly associated with short term accommodations include: Positive Impacts Increased Transient Occupancy Tax collection and business license fees Increased choice of accommodation types Income source for individual property owners Negative Impacts Potential reduction long term rental availability – Neighborhood Impactsnoise, traffic, physical changes to site, etc. Increased use of infrastructure and services How a city deals with short term rentals and the countless number of shapes and styles the accommodations take on is strictly a local choice, unique to that community and influenced by its history and values. The proposed ordinance would allow a unique form of short term accommodation in particular zoning Planning Action PA #2014-02053 Ashland Planning Division – Staff Report Applicant: City of Ashland Page 5 of 6 districts, single family (R-1), suburban (R-1-3.5) and multi-family (R-2 and R-3) through a conditional use permit procedure. The accessory traveler’s accommodation differs from the existing, traditional type of traveler’s accommodation through placing limitations on total number accommodations, limiting interior amenities and requiring property owner oversight. The amendments permit the property owner/operator to offer two or fewer rooms under a single reservation for short term occupancy with a fee. The ordinance prohibits standalone kitchen cooking facilities in the accommodation and requires the property owner to live on the property and be responsible for its operations. In summary, limiting the number of accommodations to one is intended to minimize impacts upon the existing neighborhood (noise, traffic, etc.). Similarly, substitution of a longer term, accessory residential unit (ARU) rental for an accessory traveler’s accommodation (ATA) is potentially discouraged by disallowing the provision of independent kitchen facilities. In order to maintain and foster continuity within existing neighborhood, the property owner is required to reside on the premises during operations and be available to address concerns should any arise. Attachments : Draft Ordinance R-1 Properties within 200 feet of Major Streets Planning Commission Report to Council – July 1, 2014 Council Meeting Minutes – July 1, 2014 Letters and Comments from Public Planning Action PA #2014-02053 Ashland Planning Division – Staff Report Applicant: City of Ashland Page 6 of 6 ORDINANCE NO.______ AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.4.7, AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO DEFINTIONS AND ACCESSORY TRAVELER’S ACCOMMODATIONS IN VARIOUS RESIDENTIAL ZONING DISTRICTS. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throughbold underlined and additions are . WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City Council has determined that preservation of the character of residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has found an increasing number of residential dwellings are being rented to transients on a short-term basis for less than thirty (30) days; and WHEREAS the City Council has determined the City has a substantial interest in ensuring that all transient occupancy tax required to be collected and remitted is in fact collected and remitted on a fair and equitable basis; and WHEREAS, the City Council has determined it is necessary to establish rules and regulations to permit transient lodging within the City that allows a variety of choices, while ensuring the safety and convenience of transients, and to preserve the peace, safety and general welfare of the long-term resident of neighboring properties; and WHEREAS , the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on January 30, 2015; and WHEREAS , the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS , the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary Ordinance No. ____ Page 1 of 15 to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 \[Base Zones and Allowed Uses\] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use 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 to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as “Permitted (P)” are allowed. Uses listed as “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. 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 are subject 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 within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City’s overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as “Permitted (P)” are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: Ordinance No. ____ Page 2 of 15 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 12.03. 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. Ordinance No. ____ Page 3 of 15 Table 18.2.2.030 Uses Allowed by Zone – R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D 1 A. Agricultural Uses Animal sales, feed yards, keeping of Agriculture and Farm Use, except Livestock P P P P P P N N N swine, commercial compost, or similar uses not allowed Keeping of Bees S S S S S S S N N See Keeping of Livestock and Bees Keeping of Livestock S N N N S S N N N standards in Sec. 18.2.3.160 Keeping of Micro-Livestock S S S S S S N N N B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040 Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling Sec. 18.2.3.170 and not allowed in Manufactured Home on Individual Lot S S S S N N N N N Historic District Overlay CU+ Manufactured Housing Development N S N N N N N N Sec. 18.2.3.180 S Sec. 18.2.3.130 for C-1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Rental Dwelling Unit Conversion to For- N N S S N N N N N Sec. 18.2.3.200 Purchase Housing 1 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 4 of 15 Table 18.2.2.030 Uses Allowed by Zone – R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D B. Residential Uses 2 (continued) Home Occupation S S S S S S S S N Sec. 18.2.3.150 C. Group Living See chapter 18.3.3 Health Care Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N Services Residential Care Home P P P P P P N N N Subject to State licensing requirements Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements Room and Boarding Facility N P P P N N N N N D. Public and Institutional Uses Airport See chapter 18.3.7 Airport Overlay Public Parking Facility N N N N N N P N N Cemetery, Mausoleum, Columbarium N N N N CU N N N N Family Child Care Home exempt from planning application procedure pursuant to ORS 329A.440, see part 18.6 for Child Care Facility CU CU CU CU CU CU P P P definition Subject to State licensing requirements Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU Community Service, includes Governmental Offices and Emergency Services (e.g., CU CU N N CU CU P P P Police, Fire); excluding Outdoor Storage Electrical Substation N N N N N N CU CU P See chapter 18.3.3 Health Care Hospitals CU CU CU CU CU N N N N Services Governmental Offices and Emergency Services (e.g., Police, Fire); excluding CU CU N N CU CU P P P Outdoor Storage 2 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 5 of 15 Table 18.2.2.030 Uses Allowed by Zone – R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D D. Public and Institutional Uses 3 (continued) Mortuary, Crematorium N N N N CU N P P P Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature P P P P P P N N N preserves, athletic fields, courts, swim pools, similar uses Public Works/Utilities Storage Yard; includes N N N N N N N P P vehicle and equipment, maintenance, repair Not allowed within 200 ft of a Recycling Depot N N N N N N N P P residential zone Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU School, Private (Kindergarten and up) CU CU CU CU CU CU N N N School, Public (Kindergarten and up) P P P P P CU N N N School, Private College/Trade/Technical N N N N N N N CU P School Utility and Service Building, Yard and Structure, Public and Quasi-Public, CU CU N N CU CU P P P Yards not allowed in the C-1 zone excluding underground utilities and electrical substations P/P/P/ Wireless Communication Facility CU CU CU CU CU CU Sec.18.4.10 CU CU CU E. Commercial Uses Amusement/Entertainment, includes theater, concert hall, bowling alley, miniature golf, N N N N N N P CU P arcade; excluding drive-up uses Sec. 18.2.3.050 Automotive and Truck Repair, or Service; In C-1 zone, fuel sales and service includes fueling station, car wash, tire sales S or S or limited to Freeway Overlay, see chapter and repair/replacement, painting, and other N N N N N N P CU CU 18.3.8 repair for automobiles, motorcycles, aircraft, boats, RVs, trucks, etc. In E-1 zone, fuel sales requires CU permit 3 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 6 of 15 Table 18.2.2.030 Uses Allowed by Zone – R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D 4 E. Commercial Uses (continued) Automotive Sales and Rental, except within Except not allowed within Historic the Historic Interest Area; includes N N N N N N CU CU P District Overlay motorcycles, boats, RVs, and trucks Accessory Traveler’s Accommodation CU+CU+CU+CU+ N N N N N Sec. 18.2.3.220 (See also Traveler’s Accommodation)SSSS Bakery, except as classified as Food N N N N N N P P P Processing Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis CU CU N N CU CU N N N club; excluding intensive uses such as driving range, race track, or amusement park In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed Commercial Retail Sales and Services, in Railroad Historic District CU+ except Outdoor Sales and Services N N N N N P S S SIn E-1 zone, Retail limited to 20,000 sq ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone Per Sec. 18.2.3.100, Drive-Up uses are Drive-Up Use N N N N N N S N limited to area east of Ashland St at intersection of Ashland St/Siskiyou Blvd *In C-1 zone, requires annual Type I review for at least the first three years, Hostel N N CU CU N N CU* N N after which time the Planning Commission may approve a permanent facility through the Type II procedure Motel(See also Hosteland / Hotel N N N N N N CU CU P Traveler’s Accommodation) No animals kept outside within 200 Kennel (See also Veterinary Clinic) N N N N N N S S CU feet of a residential zone 4 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 7 of 15 Table 18.2.2.030 Uses Allowed by Zone – R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D 5 E. Commercial Uses (continued) Limited Retail Uses in Railroad Historic Sec. 18.2.3.210 for Retail Uses Allowed N CU CU CU N N N N N Districtin Railroad Historic District Lumber Yard and Similar Sales of Building or Contracting Supplies, or Heavy N N N N N N N CU P Equipment S or S or Medical Marijuana Dispensary N N N N N N S Sec. 18.2.3.190 CU CU Not allowed within the Historic Nightclub, Bar N N N N N N S CU P District Overlay unless located in C- 1-D Office (See also Commercial Services) N N CU CU N N P P P Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Plant Nursery, Wholesale N N CU CU N N N N N Self-Service Storage, Commercial (Mini- N N N N N N N CU P Warehouse) Traveler’s Accommodation (See also CU+CU+ Accessory Traveler’s Accommodation N N N N N N N Sec. 18.2.3.220 SS Hostel and Hotel ) Veterinary Clinic N N N N N N P P P F. Industrial and Employment Uses In the E-1 zone, uses within 200 feet Cabinet, Carpentry, and Machine Shop, and S/ N N N N N N N Pof a residential zone require CU related Sales, Services, and Repairs CU permit Commercial Excavation and Removal of CU+ Sand, Gravel, Stone, Loam, Dirty or Other N N N N N N N N Sec. 18.2.3.070 S Earth Products Concrete or Asphalt Batch Plant N N N N N N N N CU Dwelling for a caretaker or watchman N N N N N N N CU CU 5 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 8 of 15 F. Industrial and Employment Uses 6 (continued) In the C-1 zone, manufacture or assembly of items sold in a permitted Food Products use, provided such manufacturing or Manufacture/Processing/Preserving, assembly occupies 600 square feet N N N N N N S S P 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 Manufacture, General N N N N N N N P P Requires assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood Manufacture, Light; excluding saw, planning N N N N N N S P P or lumber mills, or molding plants. In the C-1 zone, manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Television and Radio Broadcasting Studio N N N N N N N P P Distribution uses within 200 feet of an Wholesale Storage and Distribution N N N N N N N N P residential zone limited to 9PM-7AM Wrecking, Demolition, and Junk Yards N N N N N N N N CU G. Other Uses Temporary Tree Sales NNNNNNPNNAllowed from November 1 to January 1 Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H 6 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 9 of 15 SECTION 2. Chapter 18.2.3 \[Special Use Standards\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.220 Traveler’s Accommodations in R-2 and R-3 Zones and accessory traveler’s accommodations Where traveler’s accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under See definitions of traveler’s chapter 18.5.2, and shall meet the following requirements. accommodations (i.e., more than one guest unit) and accessory traveler’s accommodations (i.e., one guest unit) in part 18-6. A. Traveler’s Accommodations and Accessory Traveler’s Accommodations. Traveler’s accommodations and accessory traveler’s accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2. Accommodations must met all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 3. The business-owner of a traveler’s accommodation or the property owner of an accessory traveler’s accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. 4. Advertising for either accommodation must include the City planning action number assigned to the land use approval. 5. Offering the availability of residential property for use as an accommodation without a valid Conditional use Permit approval, current business license and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. B. Traveler’s Accommodations. In addition to the standards described above in section 18.23.220.A, traveler’s accommodations shall meet all of the following requirements. 1A. During operation of a traveler’s accommodation, the property on which the traveler’s accommodation is sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation, and that the business-owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. B.The property is located within 200 feet of a boulevard, avenue, or neighborhood Ordinance No. ____ Page 10 of 15 collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2C. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. 3D. The number of traveler’s accommodation units allowed shall be determined by the following criteria. a1 . The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler’s accommodation with primary lot frontage on boulevard streets. For traveler’s accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b2 . Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 4E. Each accommodation must have one off-street parking space and the business-owner’s unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 5F. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in accordance with subsection 18.4.4.050.C.1. G.Traveler’s accommodations must met all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 6H. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. I.The business-owner must maintain a city business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04as required. J.Advertising for any traveler’s accommodation must include the City planning action number assigned to the land use approval. Ordinance No. ____ Page 11 of 15 K.Offering the availability of residential property for useas a traveler’s accommodation without a valid Conditional use Permit approval, current business license and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. 7L. Transfer of business-ownership of a traveler’s accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. C. Accessory Traveler’s Accommodations. In addition to the standards in section 18.2.3.220.A, accessory traveler’s accommodations shall meet all of the following requirements. 1. The operator of the accessory traveler’s accommodation must be the property owner and the property must be the operator’s primary residence. The operator must be present during operation of the accessory traveler’s accommodation. 2. The property is limited to having one accessory traveler’s accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Kitchen cooking facilities are not permitted with an accessory traveler’s accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory traveler’s accommodation must not exceed three people. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory traveler’s accommodation must not exceed one. 5. Signs are not permitted in conjunction with the operation of an accessory traveler’s accommodation. 6. A home occupation is prohibited with an accessory traveler’s accommodation. See definition of home occupation in part 18-6. 7. The accessory traveler’s accommodation requires renewal of the Conditional Use Permit under chapter 18.5.4 within 24 months of the original approval. Ordinance No. ____ Page 12 of 15 SECTION 3. Chapter 18.4.7 \[Signs\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.4.7.060 Residential and North Mountain Sign Regulations Signs in the residential zones and North Mountain Neighborhood District (NM) shall conform to the following regulations. A. Special Provisions 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 2. Internally illuminated signs shall not be permitted. 3. Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation, as no signs are allowed in conjunction with a home occupation. Signs in residential areas are only permitted in conjunction with a Conditional Use Permit. B. Type of Signs Permitted 1. Neighborhood Identification Signs. One sign shall be permitted at each entry point to residential developments not exceeding an area of six square feet per sign with lettering not over nine inches in height, located not over three feet above grade. 2. Conditional Uses. Uses authorized in accordance with the chapter 18.5.4 Conditional Use Permits may be permitted one ground sign not exceeding an overall height of five feet and an area of 15 square feet, set back at least ten feet from property lines; or one wall sign in lieu of a ground sign. Such signs shall be approved in conjunction with the issuance of such Conditional Use Permit. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. 3. Retail and Traveler’s Accommodation Uses. Retail commercial uses allowed as a conditional use in the Railroad District and traveler's accommodations in residential zones shall be allowed one wall sign or one ground sign that meets the following , except as otherwise prohibited for accessory traveler’s standards accommodations . a. The total size of the sign is limited to six square feet. b. The maximum height of any ground sign is to be three feet above grade. c. The sign must be constructed of wood and cannot be internally illuminated. 4. North Mountain Neighborhood District (NM) Signs. Signs for approved non-residential uses within the NM-R-1-5, NM-C and NM Civic zones shall be permitted one ground sign not exceeding an overall height of five feet and an area of 15 square feet, set back at least ten feet from property lines; or one wall or awning sign in lieu of a ground sign. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. Ordinance No. ____ Page 13 of 15 SECTION 4. Chapter 18.6.1 \[Definitions\] of the Ashland Land Use Ordinance is hereby amended to read as follows: Accessory Traveler’s Accommodation. Transient lodging in a residential zone where the property owner resides in a dwelling on its own lot and rents no more than two bedrooms under a single reservation to overnight guests for a period of less than 30 consecutive days, as is rental of a dwelling, building, or any portion hereof on two or more occasions within a 30-day period. See also, definition of traveler’s accommodation. Hotel/Motel. occupancy of A building or portion thereof designed and used for transient lodgingindividualsin a non-residential zone for a period of less than 30 days, lodged with or without meals and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. (See ORS 446.310) Residential or Residential Use. Long-term occupancy of a dwelling unit, which may be owner-occupied or rented. Occupancy of a dwelling unit for shorter periods (i.e., less than 30 days) of time is considered an overnight accommodation for transient Accessory Traveler’s Accommodation, individuals. See also, definitions of , Hotel/Motel and Traveler’s Accommodation. Traveler’s Accommodations.a room, Transient lodging in a residential zone having rooms or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities for a period of less than 30 consecutive days, as is rental of a dwelling, building, or any portion hereof on two or See also, definition of accessory traveler’s more occasions within a 30-day period. accommodation. SECTION 5. Savings . Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. Severability . The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 7. Codification . Provisions of this Ordinance shall be incorporated in the City Code and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _____day of ______________, 2015, Ordinance No. ____ Page 14 of 15 and duly PASSED and ADOPTED this _____ day of ________________, 2015. _______________________________ Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of, 2015. ________________________ John Stromberg, Mayor Reviewed as to form: _______________________________ David H. Lohman, City Attorney Ordinance No. ____ Page 15 of 15 Taxlots zoned R1 within 200' of a Boulevard, Avenue or Neighborhood Collector ST ASHLAND Legend Future Street Classifications BOULEVARD (Arterial) AVENUE (Major Collector) ¯ Neighborhood Collector Historic District Boundary City Limit Taxlots zoned R-1 within 200' (2710 properties) 1:22,000 All other taxlots Planning Commission Report on Limited Short Term Accommodations in Residential Zones Potential Code Amendment: Amend the Land Use Ordinance to allow an owner-occupied residence to operate a single traveler’s accommodation in a residential zone. The goal is to minimize impacts on neighborhood character and ensure the affects of the code amendments are not inconsistent with other currently permitted uses. The single traveler’s accommodation use would be subject to the following types of standards and procedures: A. Use-Related Standards: 1. Management of the accommodation – Property Owner OccupiedThe individual operating and managing the traveler’s accommodation must be the owner of the property and the residence on the property must serve as the property owner’s “primary residence”. The property cannot be sub-leased to another individual that operates the traveler’s accommodation 2. Location All Residential Zoning Districts – Under the proposed recommendations, this type of short term rental could be allowed in all Residential Zones – Distance from a major street The accommodation must be located on a property within 200 feet of a major city street. This would include a boulevard, avenue, or neighborhood collector. Planning Commission Report – Limited Short Term Rentals in Residential Zones 1 3. Number, Size and Type of Accommodations per Property Number of Accommodations- One traveler accommodation (i.e. reservation) permitted per property. Accommodation Type – The single traveler accommodation could reflect A or B of the following accommodation types: A.A one bedroom or two bedroom suite located within the residence that uses the main entrance(s) of the residence to access the accommodation; B.A one bedroom or two bedroom suite within the foot print of an existing residence but accessed through a private, exterior entrance separate from main entrance; or Planning Commission Report – Limited Short Term Rentals in Residential Zones 2 C.A separate structure located on the property and detached from the primary residence (not recommended by the Planning Commission due to the of the property potential impact on longer term accessory residential unit (ARU) rentals). – Maximum SizeAccommodation can consist of one or two-bedrooms, potentially with restrictions limiting total size and/or maximum number of occupants. Restriction on Kitchen/Cooking Facilities – Kitchen cooking facilities would not be permitted in a limited short term accommodation. Planning Commission Report – Limited Short Term Rentals in Residential Zones 3 B. Potential Site Design Regulations 1. Parking Off-street Parking – There would be no additional off-street parking requirement. However, the property must have two off-street parking spaces available. 2. Signs Signs prohibited – Similar to Home Occupations, signs would not be permitted, however, except as allowed under the “Exempt” section of 18.96, which could limit the use to two, small incidental signs provided signs do not exceed two square feet in area per sign. C. Procedure for Approval 1. Land Use Application Type Conditional Use Permit (Type I Procedure) – The request to operate a single traveler’s accommodation would require approval of a conditional use permit. Annual or Biennial Review – A process to periodically review the operations of a single traveler’s accommodation could be established after the initial land use approval Planning Commission Report – Limited Short Term Rentals in Residential Zones 4 Planning Commission Report – Limited Short Term Rentals in Residential Zones 5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 1, 2014 Council Chambers 1175 E. Main Street CALL TO ORDER Council Chair Slattery called the meeting to order at 7:01 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Morris, Slattery, Rosenthal, and Marsh were present. Mayor Stromberg, Councilor Lemhouse and Voisin were absent. NEW AND MISCELLANEOUS BUSINESS 1. Planning Commission’s Report on considering a limited type of short term traveler’s accommodation in residential zones Community Development Director Bill Molnar explained the Planning Commission and staff recommendation focused on primary elements of the zoning code and standards if Council decided to pass a limited form of short-term rentals (STR), and if it was desirable to have them. Planning Commission vice Chair Michael Dawkins further explained the Planning Commission looked for an accommodation type and rules. The Commission did not consider accessory units because they were potentially long term affordable rentals. They defined long-term rentals as a unit with a kitchen and did not recommend short-term rentals of an entire house. Another discussion was whether the rental was a Bed and Breakfast or a room in a house. They looked at specific one car per visit scenarios. Mr. Molnar added the Planning Commission recommended an owner occupied set up where the primary residence was on the property. Eligible locations were similar to traveler’s accommodations in multifamily zones, on a property within 200-feet of a major street. One of the primary standards was having the accommodation within the footprint of an existing residence excluding out buildings. There was not clear consensus on maximum size or occupant number. The Commission recommended not allowing units with kitchen facilities to discourage converting an accessory unit within the building to a STR or an on sight space that had potential for a kitchen facility. The Commission suggested using a Conditional Use Permit (CUP) with a reduced fee since the STR was smaller than a Bed and Breakfast or multiuse accommodation. A Type 1 procedure involved a pre-application where a property owner submitted a conceptual idea to the Community Development Department that led to a meeting with staff. Neighbors within 200- feet of the property received a land use request to operate as a STR.Staff would send another notice regarding approval to the same residents that could subsequently initiate an appeal process. Dr. Ruth Resch/1000 Terra Avenue/ Lived in an R-1 zone, was a handicapped senior citizen renting one bedroom in her house in order to retain her home. Her home was located a block and a half from Siskiyou Boulevard. The one bedroom she rented did not create congestion, cars parked in her driveway. It was important for the community to maintain economic community diversity so Ashland was not just home for the rich and people could maintain homes with small businesses like short-term rentals. Larry Chaser/1271 Munson Drive/ Encouraged Council to allow host occupied STRs in all neighborhoods and provided examples of consistent use with small home businesses currently allowed in R-1 zones. Creating reasonable regulations to guide host occupied STRs, as a use already consistent with current use would maintain a suitable and sustainable R-1 housing environment. He urged Council to support sharing economy and allow host occupied STRs. Ellen Campbell/120 Gresham/ Ashland had a strong tourist industry and a local vibrant community due to zoning laws. Council needed to look for ways to broaden business base and not rely on tourism. Housing needed to be affordable and available to long-term residents not tourists. She encouraged Council not to move forward and change the ordinance. Allowing STRs in R-1 would be difficult to enforce.If STRs were allowed in the R-1 zone the requirements should be the same as R-2 and R-3 zones with a Conditional Use Permit, 200-foot buffer, owner occupied, no subletting, require user street fees, taxes, registered with the state, fire and county health inspections, water rates, and provide off street parking for each unit. Corinne Lombardi/1685 Old Hwy 99 South/ Explained she was surprised the Planning Commission ordinance referenced all residential zones. The term sharing economy was just a name change. San Francisco had 5,000 Air B&B rentals and over 66% were not one bedroom as indicated but multiple bedrooms and entire units. A third of the owners had multiple units and managed it as a property manager. The Ashland Compliance Officer removed 95 people who were operating illegally in Ashland. Abby Hogge/1700 Parker Street/ Described the difference from renting to a long-term tenant to when she used her accessory unit as an STR. She supported regulating STRs in R-1 zone and suggested Council conduct a one-year trial like the one the City did for Bed and Breakfasts in the 1970s. According to the City code enforcement division there were zero complaints regarding host occupied STRs. She encouraged Council to explore shared economy and facilitate peer-to- peer networking and commerce. Tom Dubois/690 South Mountain Avenue/ Noted 20 years prior Council approved residents in all residential zones to operate businesses from homes. STRs owners were neighbors and friends. People staying at STRs were visitors to Ashland and welcome guests. Allowing hosted micro stays in the R-1 was a seamless, natural addition. He supported reasonable regulations for host occupied micro stays in R-1 zones. Melody Jones/79 Pine Street/ Agreed with Ms. Hogge and Mr. Dubois and hoped the Council approved owner occupied STRs and did not exclude accessory dwelling units (ADU). Her ADU was 375 square feet and two small for someone to live in long term. She wanted to rent it short term during the summer and long term during winter. With owners receiving cease and desist letters there were fewer places for visitors to stay. The City would be able to collect TOT (Transient Occupancy Tax) and Food and Beverage Tax. Her property was more beautiful as an STR than it would be if she were not having guests. Laura Westerman/252 Timberlake Drive/ Encouraged Council to pass the STR requirement. She had vacation rentals on her property with room to park six cars if needed. Her home was more beautiful now that it was an STR. She had her home as an STR for the past two years with no complaints from the neighbors. Councilor Rosenthal/Marsh m/s to direct staff to prepare an ordinance to consider this type of home occupation and traveler’s accommodation in the R-1 zone. DISCUSSION: Councilor Marsh supported the motion, expected to vote yes on the ordinance when it came back and wanted background information. There were three critical questions. The first was whether STRs in R-1 neighborhood provided tourists with positive and safe experiences. The second question was allowing STRs without undermining R-1 neighborhoods. The third question was if allowing STRs in R-1 could happen in a way that created a level playing field. She would limit STRs in R-1 to one bedroom, exclude accessory units, address the parking issue, and retain the same fee structure in the CUP. Councilor Morris would support the motion. His concern was impact to housing stock and rentals. He wanted the Planning Commission to look into parking and square footage instead of one bedroom. Councilor Slattery was not in favor of moving it forward or supporting visitor accommodations in R-1 zones. Overnight guests in neighborhoods changed the dynamic in that neighborhood. He was not comfortable allowing STRs in the entire R-1 zone even with a CUP. Councilor Rosenthal withdrew motion with Councilor Marsh’s consent. Councilor Rosenthal/Marsh m/s to direct staff to craft an ordinance to permit a single traveler accommodation in the R-1 zone. Councilor Marsh/Morris m/s to amend the motion to specifically exclude accessory residential units. Roll Call Vote: Councilor Marsh, Slattery, Morris, and Rosenthal, YES. Motion passed. Councilor Morris/Marsh m/s to amend the motion and require it is owner occupied. DISCUSSION: Councilor Morris clarified the owner needed to be present when the STR was rented. Roll Call Vote: Councilor Slattery, Marsh, Morris, and Rosenthal, YES. Motion passed. Continued Discussion on Main Motion: Councilor Marsh requested the Planning Commission provide specific guidance on the 200-foot limit and that staff provide information on enforcement. She also wanted the equivalent requirements imposed on lodging to apply to Roll Call STRs. Councilor Morris wanted an evaluation of which R-1 may or may not work. Vote on amended main motion: Councilor Marsh, Morris, and Rosenthal, YES; Councilor Slattery NO. Motion passed 3-1. Accessory Traveler’s Accommodations PUBLIC INPUT A complete record of the public input (submitted December 2013 to January 2015) can be found online at: http://www.ashland.or.us/Files/2015-02-10_ATA_PublicInput.pdf