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HomeMy WebLinkAboutLand Use Code 2024ASHLAND LAND USE ORDINANCE A Codification of the Land Use Ordinances of the City of Ashland, Oregon Reprinted by 2024 TABLE OF CONTENTS Table of Revised Pages PART 18.1 – Introduction and General Provisions PART 18.2 – Zoning Regulations PART 18.3 – Special Districts and Overlay Zones PART 18.4 – Site Development and Design Standards PART 18.5 – Application Review Procedures and Approval Criteria PART 18.6 – Definitions Tables Article I. Article II. Article III. Article IV. Article V. Article VI. Article VI A. Article VII. Article VIII. Article VIII-A. Article IX. Article X. Article XI. Article XII. Article XIII. Article XIV. Article XV. Article XVI. Article XVII. Article XVIII. Article XIX. Article XIX A. Article XX. Article XXI. Article XXII. THE CHARTER OF THE CITY OF ASHLAND OREGON Table of Contents History of the Charter Name and Boundaries Powers Elective Officers Mayor Council Members Recorder Judge Elections Council City Manager Special Powers of the Council Ordinances Public Improvements Taxation: Powers and Duties of the Council Appointive Officers Chief of Police: Powers and Duties Court Miscellaneous Provisions Hospital Cemeteries Trust Fund Park Commission Open Space Park Program Municipal Airport City Band Recreation Commission History of the Charter The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the City, which remained in effect until 1970, al- though amended numerous times over the years. In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government. For this purpose, the Council may call a special election on the Charter by initiative petition. In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting obsolete pro- visions, thereby simplifying this important document and making it a more workable one. Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative refine- ments. These amendments have been incorporated into the following compilation of the City Charter. Amendments to the City Charter were enacted by the voters in November of 2006, requiring voter approval before any real property transfer tax could be enacted. These amendments have been incorporated into the following compilation of the City Charter. Amendments to the City Charter were enacted by the voters on May 19, 2020. These amendments created the new position of City Manager and transferred executive officer duties from the Mayor to the new position of City Manager. These amendments abolished the position of City Administrator. These amendments have been incorporated into the following compilation of the City Charter. Notes: 1) City incorporated 10-13-1874; and 2) First Ordinance passed 11-14-1874 - Setting boundaries of the City of Ashland ARTICLE I – Name and Boundaries Section 1. Title of Enactment. This enactment shall be referred to as the Ashland Charter of 1970. Section 2. Name. The municipality of Ashland, Jackson County, Oregon, shall continue to be a municipal corporation with the name "City of Ashland". Section 3. Boundaries. The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to mod- ify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this Charter, in each of which he/she shall maintain an accurate and up-to-date description of the boundaries. The copies and de- scriptions shall be available for public inspection at any time during regular office hours of the Recorder. ARTICLE II – Powers Section 1. Powers of the City. The City shall have all powers which the constitutions, statutes, and com- mon 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. Article I History of the Charter 2 Section 2. Construction of the Charter. In this Charter, the mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The Charter shall be liberally construed to the end that the City shall have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution. Section 3. Provisions for Amendment and Revision. The Council shall have the power to call a special election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or referendum ordi- nance of the City of Ashland, or the laws of the State of Oregon. ARTICLE III – Elective Officers Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, six (6) Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 05-23-1978) Section 2. Qualifications. All elective officers except the Municipal Judge shall be residents and quali- fied voters in the City. (Charter amendment 05-23-1978). Section 3. Salaries. Any change in the amount of the present compensation received by elective officers, except for the Municipal Judge, shall be submitted to the vote of the people. The salary of the Municipal Judge will initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the average salary adjustment of the other supervisory employees and department heads of the City of Ashland. (Charter amendment 5-23-78). Section 4. Vacancies. An office shall be deemed vacant upon the incumbent's death; adjudicated incom- petence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60) days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council. A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election, takes office for the unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member of the Council for disorderly conduct in Council or inattention to duties. No Council member shall be expelled without notice and a hearing by the Council. Section 5. Term. The term of all elective officers shall begin the first day of January following their elec- tion. Section 6. Interest in City Contracts. During the term of office, no elective officer shall violate any pro- vision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Charter amendment 11-08-1994.) ARTICLE IV – Mayor Section 1. Term. The Mayor in office at the time this Charter is adopted shall continue in office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. ASHLAND CHARTER Article IV 3 At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be elected for a term of four (4) years. Section 2. Powers and Duties. The Mayor is the political head of the city government. He or she shall exercise careful supervision over the general affairs of the City and, with the City Council, over the City Man- ager and City Attorney, as well as other appointive officers as may be created by this Charter. Appointive officers are those city employees who are hired by and report directly to the Mayor and Council. The Mayor shall make a report to Council and the citizens of Ashland on the state of the city at or as soon as practical following the first Council meeting of each calendar year. (Charter amendment 05-19-2020) Section 3. Vote. The Mayor shall not be entitled to vote on any ordinance or measure before the Council except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote either in the affirmative or in the negative. The Mayor shall, within five (5) days after the passage of any ordinance, either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or passed by the Council over his/her veto. The Mayor shall, in case he/she vetoes any ordinance or resolution, file such veto with the City Recorder, together with reasons for his/her disapproval, which veto and message of disapproval shall be read at the next meeting of the Council, and such ordinance or resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the affirmative, it shall become law without the Mayor's approval, but not otherwise. In passing all resolutions and ordinances, the ayes and nays shall be called and a permanent record made of the vote thereon. ARTICLE V – Council Members Section 1. Terms. The Council members in office at the time this Charter is adopted shall continue in of- fice, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election after this Charter takes effect, three Council members shall be elected, each for a term of four (4) years. ARTICLE VI – Recorder Section 1. Term. The Recorder in office at the time this Charter takes effect shall continue in office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter provision is adopted. Upon the expiration of the Recorder’s term, if any, the City Manager is granted the authority to appoint a Recorder to fulfill the powers and duties of this position. The selection of the Recorder will be based on their education, experience, and other qualifications ensuring that the individual is suitably qualified for the position of City Recorder as defined by ordinance. ARTICLE VI A – Judge Section 1. Term. At the biennial general election held in 1978, and every fourth year thereafter, a Judge shall be elected for a term of four (4) years. (Charter amendment 05-23-78) Article V COUNCIL MEMBERS 4 ARTICLE VII – Elections Section 1. Regular Elections. Regular City elections shall be held at the same times and places as bien- nial general State elections, in accordance with applicable State election laws. Section 2. Notice of Regular Elections. The Recorder, pursuant to directions from the Council, shall give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place in the City Hall, and by publication in a newspaper of wide and general circulation published in the City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the time and place of the election. Section 3. Special Elections. The Council shall provide the time, manner and means for holding any spe- cial election which shall comply with applicable State laws. The Recorder shall give at least ten (10) days notice of each special election in the manner provided by the action of the Council ordering the election. Section 4. Regulation of Elections. Except as this Charter provides otherwise and as the Council pro- vides otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all City Elections, recounts of the returns therefrom, and contests thereof. Section 5. Nominations. A qualified elector may be nominated for an elective City office to be filled at the election. The nomination must be by a petition that specifies the office sought and must be in a form pre- scribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and with the candidate's written acceptance of such nomination. No elector may sign more than one petition for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the first sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the paper and stating that each signature of the person appended thereto was made in his/her presence, and is the genuine signature of the person whose name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or residence, identified by its street and number or other sufficient designation. The Recorder shall make a record of the exact time at which each petition is filed and shall take and pre- serve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the Recorder shall notify the candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed again as a new petition, or a substitute petition for the same can- didate may be filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12) days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment 11-02-1982) Section 6. Canvass of Returns. In all elections held in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shall apply. In each special City election, the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later than five (5) days after the election, the Council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the Council. The entry shall state the total number of votes cast at the election, the votes cast for each person, and for and against each proposition, the name of each person elected to office, the office to which he/she has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and sign a Certificate of Election of each person elected and deliver the Certificate to him/her within one (1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth of the statements contained in it. ASHLAND CHARTER Article VII 5 Section 7. Tie Votes. In the event of a tie vote for candidates for an elective office, the successful candi- date shall be determined by a public drawing of lots in the manner prescribed by the Council. Section 8. Oath of Office. Before entering upon the duties of his/her office, each officer shall take an oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of his/her office. ARTICLE VIII – Council Section 1. Where Powers Vested. Except as this Charter provides otherwise, all powers of the City shall be vested in the Council and the Mayor. Section 2. Composition. The Council shall be composed of six (6) Council members elected in the City at large and by position number. Each position shall bear a number running from one (No. 1) through six (No. 6), and any candidate for Council shall, starting with his/her nominating petition, designate the number of the Council seat to which he/she seeks election; further, one candidate may only run for one position at an elec- tion. The Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers 1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision, the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council members. Section 3. Council Meetings and Rules. The Council shall hold a regular meeting in the City at least once each month at a time and place which it designates. Other meetings may be called as the Council deems necessary, with notice given the Mayor and Council members and the public as provided by ordinance. Min- utes of any such special meeting shall be presented at the next regular Council meeting. The Council shall adopt rules for its proceedings. Section 4. Quorum. The Mayor and not less than three (3) of the Council members, or four (4) of the Council members, shall constitute a quorum for conducting Council business. Section 5. Journal. The Council shall cause a record of its proceedings to be kept. Upon request of the Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and en- tered in the record. Section 6. Proceedings to be Public. No action by the Council shall have legal effect unless the motion for the action and the vote thereon take place at proceedings open to the public. Section 7. Mayor's Function at Council Meetings. The Mayor shall preside over the deliberations of the Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine the order of business under the rules of the Council. Section 8. Chair of the Council. At the first regular meeting of the Council in January of each year, the Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the Council mem- bers present shall elect one of their number as Chair Pro Tem, who shall preside at that meeting. Section 9. Vote Required. Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present at a Council meeting shall be necessary to decide any question before the Council. Article VIII COUNCIL 6 ARTICLE VIII-A – City Manager Section 1. The office of City Manager is established as the chief executive and administrative head of city government. The City Manager is responsible to the Mayor and Council for the proper administration of all city business. The City Manager will assist the Mayor and Council in the development of city policies and will carry out policies established by ordinances and resolutions. Section 2. A majority of the Mayor and Councilors must appoint and may remove the City Manager. The appointment must be made without regard to political considerations and solely based on education and ex- perience with local government management. Section 3. The City Manager may be appointed for a definite or an indefinite term and may be removed at any time by a majority of the Council. The Council must fill the office by appointment as soon as practicable after the vacancy occurs. Section 4. The City Manager must: 1.Attend all Council meetings unless excused by the Mayor or Council; 2.Make reports and recommendations to the Mayor and Council about the needs of the city; 3.Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits, and other city decisions; 4.Appoint, supervise and remove all non-elected department heads and other city employees, except as follows: a.The Ashland Parks and Recreation Commission shall have responsibility for appointing, supervising, and removing its employees, subject to state law, Ashland Municipal Code, written mutual agreements be- tween the City Council and Ashland Parks and Recreation Commission, and formal, written City administra- tive policies. b.Employees who report directly to the Mayor and City Council shall be appointed, supervised, and removed by the Mayor and City Council and shall be termed appointive officers. 5.Organize city departments and administrative structure, except that the City Manager shall have no re- sponsibility for the supervision of the City Attorney’s Office or the Ashland Parks and Recreation Commis- sion; 6.Prepare and administer the annual city budget; 7.Administer city utilities and property; 8.Encourage and support regional and intergovernmental cooperation; 9.Promote cooperation among the City Council, staff and citizens in developing city policies and building a sense of community; 10.Perform other duties as directed by the City Council; and 11.Delegate duties to any city employee, in a manner consistent with the provisions of the City Charter, the Ashland Municipal Code, state and federal employment law, and collective bargaining agreements. Section 5. The City Manager has no authority over the Mayor or City Council or any other elected official, or the City Attorney. Section 6. The City Manager and other employees designated by the City Council may sit at Council meet- ings but have no vote. The City Manager may take part in all City Council discussions. Section 7. When the City Manager is temporarily disabled from acting as manager or when the office be- comes vacant, the City Council must appoint a manager pro tem. The manager pro tem has the authority and duties of City Manager, except that a manager pro tem may appoint or remove department heads only with City Council approval. Section 8. Neither the Mayor nor a member of the City Council shall directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the City Manager in the making of any appointment or removal of any officer or employee or in the purchase of services and supplies; nor attempt to extract any promise relative to any appointment from any candidate for City Manager. Nothing in this section shall be construed, ASHLAND CHARTER Article VIII-A 7 however, as prohibiting the City Council from fully and freely discussing with or suggesting to the City Man- ager anything pertaining to city affairs or the best interests of the city. Section 9. No person related to the City Manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the city, except with the express approval of the City Council. Section 10. This Article VIII-A shall be effective on January 1, 2021, if approved by the electors of Ash- land in a primary or general election prior to that date. The individual employed as Ashland City Adminis- trator on the effective date of this ARTICLE VIII-A shall be the City Manager as described above and shall remain so employed until such time as he/she resigns or is terminated by the City Council. The position of City Administrator is abolished. (Charter amendment 05-19-2020) ARTICLE IX – Special Powers of the Council Section 1. Violation of Charter, Ordinance and Laws. The Council, at any regular or adjourned meet- ing, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolu- tions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the working of such persons so con- victed on the streets of the City or at any other work, and to provide the compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Section 2. Levy of Taxes. The Council, by two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes on the taxable property of the City made taxable by law for County and State purposes, not to exceed fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in such further amount as may be necessary for the payment of interest or principal on any bonded indebtedness now existing or hereafter to exist against the City and for payment of any judgment or judgments obtained against the City. Section 2(a). Flood Damage Restoration Bonds. In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord with current construction standards of the City's water, sewer, electrical and storm sewer systems; City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds and for no other purpose; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, pro- vided that considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 2(b). Hospital Improvement Bonds. In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty Thousand Dol- Article IX SPECIAL POWERS OF THE COUNCIL 8 lars ($360,000.00) for the purpose of financing the design and construction of additions and improvements to the Ashland Community Hospital; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 3. Special Assessments. The Council shall have the power at regular or adjourned meeting to levy such special benefit assessments for road, sewer or other special improvements as they deem reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon, not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected under the provisions of Article XII, Sections 1 and 2. Section 4. Reassessment. The Council shall have the power to enact an ordinance to correct any admin- istrative error in the levying of any special benefit assessment and to cause a reassessment to be made. Section 5. Debt Limit. The Council, by a two-thirds vote at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to borrow money upon the credit of the City and authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for municipal pur- poses, which orders and notes shall bear a reasonable rate of interest and shall not aggregate at any time to exceed $5,000.00. Section 6. Bonds. The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue bonds of the City for other purposes when duly voted and required by a majority of the electors of said City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically repealed. Section 7. Water System. The Council, by a two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either within or above the City limits. ARTICLE X – Ordinances Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: The People of the City of Ashland do ordain as follows:". Section 2. Mode of Enactment. (a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in open Council meeting and then on a different date by title only, unless a Council member or the public requests that it be read in full for a second time, and it shall then be read fully and distinctly. (b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at a single meeting of the Council by unanimous vote of all Council members present upon being read first in full and then by title. (c) The first reading may be by title alone if no Council member present at the meeting, or the public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council member and three (3) copies are provided for public inspection in the office of the City Recorder not later than one (1) week before the first reading of the ordinance and if notice of their availability is given forth- with upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of general circulation and published in the City. An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such a difference is read fully and distinctly in open Council meeting as finally amended prior ASHLAND CHARTER Article X 9 to being approved by the Council. (d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered into the record of the proceedings. (e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and his/her name and the title of his/her office, except as provided in Article IV. Section 3. When Ordinances Take Effect. An ordinance enacted by the Council shall take effect on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may pro- vide a later time for it to take effect; and, in case of emergency, it may take effect immediately. ARTICLE XI – Public Improvements Section 1. Condemnation. Any necessity of taking property for the City by condemnation shall be deter- mined by the Council and declared by resolution of the Council describing the property and stating the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the Council or pro- vided by State law. Section 2. Improvements. The procedure for making, altering, vacating or abandoning a public improve- ment shall be governed by general ordinance or to the extent not so governed, by applicable general laws of the State. Action on any proposed public improvement, except a sidewalk or except an improvement unan- imously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by the record holder of legal title to the land, the purchaser shall be deemed the "owner". Section 3. Special Assessments. The procedure for the levying, collecting and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be as provided in Article XII, Sections 1 and 2 of this Charter. Section 4. Bids. All jobs or contracts for constructing, repairing, ornamenting or improving any public place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance with the plans and specifications approved by the Council. The Council shall have the right to reject any or all bids without incurring any liability for such rejection. ARTICLE XII – Taxation: Powers and Duties of the Council Section 1. It shall be the duty of the Council immediately after the receipt of the certificate of the County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and assessments as per- mitted in this Charter against the taxable property of the City of Ashland, and such special assessments and penalties as may be due and unpaid, and cause the same to be certified to the County Court, as provided in Section 2 of this Article. Section 2. The Council shall, immediately after such levy, notify the Clerk of the County Court, under the certificate of the City Recorder, of the rate percent of the tax levy made by the Council and all delinquent spe- cial benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the tax roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the same manner and at the same Article XI PUBLIC IMPROVEMENTS 10 time as taxes for County purposes are collected, and the same shall be paid over by the County Treasurer to the City Recorder as provided by law for the paying over of city taxes. Section 3. The territory within the limits of the City of Ashland as now existing and as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson County for licensing pur- poses and road purposes, and the City Council shall have full and exclusive jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes and assessments of the property within the City for road work, except such taxes as may be levied and assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street purposes within the limits of the City and not oth- erwise. Section 4. Property Transfer Tax. Requires voter approval before any real property transfer tax is en- acted in Ashland. (Charter amendment November 2007; 15-65) ARTICLE XIII – Appointive Officers Section 1. Appointive Officers. The Mayor, with the confirmation by the Council, shall appoint a City Manager, a City Attorney, and such other officers as the Council deems necessary. The Council may combine any two or more appointive offices. (Charter amendments: 05-23-1978; 05-19-2020) Section 1A. Separate Police and Fire Departments. The City of Ashland shall maintain a fire depart- ment which is separate and distinct from the City police department. The employees of one department shall not be assigned to do the job functions of employees in the other department. (Charter amendment 01-04-1986) Section 2. Qualifications, Duties and Salaries. The Council shall, by ordinances, prescribe the duties of appointive officers, and determine their compensation and qualifications, except the Municipal Judge shall be a member of the Oregon State Bar. The Council may designate any appointive officer to supervise any other appointive officer, except the Municipal Judge in the exercise of his/her judicial duties. Section 3. Removal. The Mayor, with the consent of the Council, may suspend and remove any ap- pointive officer at any time. Section 4. Interest in City Contracts. Except as provided otherwise by law, no officer, agent or em- ployee shall have any interest in any City contract made by him/her in his/her official capacity or by any public committee, board, commission or department of which he/she is a member, agent or employee, except that the employment of the officer, agent or employee shall not be considered a contract for the purposes of this section. ARTICLE XIV – Chief of Police: Powers and Duties Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and to the same effect as required of constables under the statutes of this State. He/she shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace committed in his/her presence, and take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by virtue of his/her office be Chief of such force. ASHLAND CHARTER Article XIV 11 Section 2. The Chief of Police, or his/her designee, shall attend all meetings of the City Council, and per- form the duties of the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal from office by the City Council. ARTICLE XV – Court Section 1. Court. A court is hereby created in the City of Ashland, Oregon, to be known as the Municipal Court. The court shall be open for the transaction of judicial business at regular times specified by the Council. All area within the City shall be within the territorial jurisdiction of the court. When not governed by ordi- nances or this Charter, all proceedings in the Municipal Court for the violation of a City ordinance shall be governed by the applicable general laws of the State governing District Courts. Section 2. Judge. The Municipal Judge shall be the judicial officer of the City. He/she shall exercise orig- inal and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter of the City and all other offenses made punishable by State law over which the City is given concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense against the or- dinances and Charter of the City, to commit any such person to jail or admit him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City Council. Section 2A. Term. The term of the Municipal Judge shall be four (4) years. (Charter amendment 05-23-78). Section 3. Jury. A defendant may have a jury of six (6) members by demanding the same. Any jury cho- sen shall be governed by the laws of the State of Oregon relating to juries in the District Court and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 4. Fines, Fees, Costs and Cash Bail. The City Council shall provide for the collection of all Court fines, fees, costs and cash bail which shall be turned over to the City Recorder. ARTICLE XVI – Miscellaneous Provisions Section 1. Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, electric power, public trans- portation and such other public utilities as the people desire by majority vote; and to exact and collect com- pensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. Section 2. Torts. The City's immunity or liability for torts shall be as determined by State law. Section 3. Existing Ordinances, Acts, Proceedings. All existing ordinances in force when this act takes effect and not inconsistent herewith shall be and remain in full force after this act takes effect and thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of this act or any City Article XV COURT 12 ordinance applicable thereto and continued in force by this act. No suit, action or proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall continue to receive such com- pensation for their services during the balance of their term as appertained to the office at the time they were respectively elected or appointed thereto; and all rights vested or liabilities incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are hereby declared to be valid and of full force and effect, and all acts of the Council heretofore done in good faith for the benefit of the City and on which proceedings shall not be instituted prior to July 1, 1970 are hereby legalized and made valid in every particular. Section 4. Repeal of Previously-Enacted Provisions. All Charter provisions of the City enacted prior to the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as Article XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and 2, compiled herein as Article XII, Sections 1 and 2; and Territory Excepted for Road Purposes and Licensing Purposes; that is, Article XVII, Section 1, compiled herein as Article XII, Section 3; and those provisions of the previ- ous Charter Amendments included in the following: Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1 Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3 Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5 Article XXVIII, Sections 1 and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII, Sec- tions 1 and 2 Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled herein as Article XIX, Sections 1, 2, 3 and 4 Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections 1, 2, 3, and 4 Article XXIX, Section 1, amended 11-4-30, compiled herein as Article XX, Section 1 Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1 Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2 Article XIX, Section 1-C, amended 3-12-57, compiled herein as Article XIX, Section 1-C Section 5. Time of Effect of Charter Amendment. This amended Charter took effect on July 1, 1970, except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article XIII, Section 1 and Article XXII took effect on June 6, 1972. Amendment to Article IIX, Section 4 took effect on December 19, 2006. ARTICLE XVII – Hospital Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a mu- nicipal hospital within the limits of said City of Ashland under the authority and direction of the Council. Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose of providing funds with which to purchase real property for a hospital, construct a building or buildings to be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall bear the date established by the Council, be serial in character, callable at any interest payment date in whole or in part on or after five (5) years from the date thereof after notice as provided by law, be retired by the said City in a period of not to exceed twenty-five (25) years, be in denomination of $1,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, have semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United States of America, with ASHLAND CHARTER Article XVII 13 interest thereon in like legal tender, at the office of the City Recorder in said City or at such other office as the Council may, in its judgment, determine, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be determined by the Council in the exercise of its best judgment in order to carry out the intention hereof. That it shall be the duty of the Council to attend to the proper application of the funds derived from the sale of said bonds and the purchaser or purchasers thereof shall in no event be responsible or charged with the proper application of the funds derived from the sale thereof. That the Council is hereby authorized and empowered each year at the time of making the an- nual tax levy for City purposes to include in such levy a sufficient amount to meet the payment of principal and interest on said Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt limitation. ARTICLE XVIII – Cemeteries Trust Fund Section 1. Fixme. The Council is hereby authorized and empowered each year, at the time of making the annual levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on each dollar of assessed valuation of property within the City, which sum shall be used for the purpose of maintenance and upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within the limitation of taxation provided by law. Provided further that each year from the proceeds of such levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent as to provide sufficient income for the purposes for which same was created, then no further tax levy shall be made thereafter. Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of Ash- land, or any privately-operated or owned cemetery within the said City for the purpose of providing proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon conditions as to it may seem for the best interests of the City. Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem best for the protection of said City. Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes men- tioned herein on behalf of the said City, which donations or bequests shall become a part of said permanent trust fund, unless specified otherwise when any such bequests or donations are given. ARTICLE XIX – Park Commission Section 1. Dedication. All those lands specified by the Charter Amendment of December 15, 1908 and May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided, however, that such public buildings as may enhance the beauty of said park, or that shall not detract therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided further, that nothing Article XVIII CEMETERIES TRUST FUND 14 contained in this act shall be construed so as to impair or interfere with proper construction or operation of the City's light, power or water system. Section 1-C. That the Ashland Park Commission, with the consent of the Common Council, shall have the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the State of Oregon, any portion of Lithia Park described as follows, to-wit: That certain property commencing at the northeast corner of the Chamber of Commerce building; thence, southerly along the base of the hill to south- ern side of pond in lower park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150 feet; thence, east 110 feet to west side of Hargadine Street; thence, northerly on west line of Hargadine Street to northeast corner of park property; thence, following the meandering north line of park property to place of beginning, containing approximately two acres for the purpose of remodeling and expanding the present Festival theatre and the construction of additional buildings which are hereby designated as public buildings for use by the Oregon Shakespearean Festival Association for any of the purposes authorized by the corporate charter of said association, said use to be on such terms and conditions as the Ashland Park Com- mission, with the consent of the Common Council, deems in the best interests of the City; provided, however, that any lease shall not exceed a period of ninety-nine (99) years. Section 2. Park Commission. The certain board created by a vote of the qualified electors of the City of Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective by the proclamation of the Mayor published on the 17th day of December, 1908, and known and designated as the "Ashland Park Commission", be and the same, as constituted and created by said Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of Ashland. Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in No- vember, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1921, and that at the general biennial election to be held in November, 1922, three commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923, and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill a vacancy, in which event he/she shall be elected to serve until the first day of January following the next succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners now constituting the pre- sent Ashland Park Commission shall hold office for the term for which he/she was elected, and until his/her successor is elected and qualified. Section 3. Funding. The said Park Commission shall have control and management of all the lands here dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such pur- poses. They shall have control and management of all park funds, whether the same is obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the City's parks. It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City Recorder for the information of the City Council and the public, a report of their doings for the preceding month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a clear statement of all monies expended and for what purpose. All purchases made and all labor performed, together with the cost thereof, shall be embodied in said report. At the time for making the tax levy for general City purposes in each year, the said Commission shall cause a careful estimate to be made of the money required for park purposes for the ensuing year and file the same with the City Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2) mills on the dollar to meet such require- ments, which, when collected, shall be deposited with the City Recorder subject to the order of said Commis- sion. The levy herein authorized shall be outside the limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon. Section 4. Salary; Government. The said Commission shall serve without pay and shall have power to formulate and adopt rules and regulations for their government and for the purpose of carrying into effect the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties immedi- ately upon their organization and shall, as soon as may be expedient, cause a map or maps to be made of the ASHLAND CHARTER Article XIX 15 lands herein dedicated, and shall make the same conform to the descriptions contained in the instruments by which said City obtained title thereto; which said instruments shall be considered as carrying a more specific description of said lands. ARTICLE XIX A – Open Space Park Program Section 1. Creation, Powers and Duties. An Open Space Park Program is hereby created to be admin- istered by the Ashland Park Commission. The Park Commission shall make recommendations to the City Council concerning priorities for land and easement acquisitions for the Open Space Park Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be responsible for the administration, development and operation of such lands. Section 2. Land and Easement Acquisition Procedures. Both the Ashland Park Commission and the City Council must agree upon land or easements to be acquired for open space park purposes. Before any land or easements that have been acquired for the Open Space Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emer- gency clause, thus giving to the people of the City of Ashland the opportunity to petition for a referendum. Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or easement shall be under the control and management of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails. (Amended 08-14-90) Section 3. Resources. Monies dedicated to the Open Space Park Program shall be expended only for Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated for acquisition of Open Space Park Program lands shall remain under the financial management of the City of Ashland. The tax measures for funding for land acquisition for the Open Space Park Program shall be ap- proved by the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by the City Council without further approval by the electorate. Said tax measures for funding of the Open Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate. (Charter amendment 08-14-1990) Section 4. Definition and Purpose of Open Space Park Lands. The definition and purpose of open space park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of Ashland. (Charter amendment 05-15-1990). ARTICLE XX – Municipal Airport Section 1. Power. The City of Ashland is hereby given the power and authority to acquire, own, conduct and operate a municipal airport either within or outside the limits of the City of Ashland, under the authority and direction of the Council. ARTICLE XXI – City Band Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause a careful estimate to be made of the money required for the purpose of a City Band for the ensuing year, such Article XIX A OPEN SPACE PARK PROGRAM 16 estimate shall be presented and considered with the other items in the annual budget and there shall be in- cluded in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to the order of the Council. ARTICLE XXII – Recreation Commission Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5) Ashland Park Commissioners and their terms of office shall be the same. Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the Ordinances of the City of Ashland, and by any other applicable law. Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from such funds as may be appropriated from time to time by the City Council, and in no event shall any funds be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which relates to the Park Commission and a levy for park purposes. ASHLAND CHARTER Article XXII 17 18.1.2 18.1.3 18.1.4 18.1.5 18.1.6 PART 18.1 – Introduction and General Provisions Chapters: Title, Purpose, and General Administration Lot of Record and Legal Lot Determination Nonconforming Situations Ordinance Interpretations Zoning Permit Expiration, Extension, and Enforcement 18.1-1 18.1.2.010 18.1.2.020 18.1.2.030 18.1.2.040 18.1.2.050 18.1.2.060 18.1.2.070 18.1.2.080 18.1.2.090 18.1.2.010 18.1.2.020 18.1.2.030 18.1.2.040 18.1.2.050 Chapter 18.1.2 TITLE, PURPOSE, AND GENERAL ADMINISTRATION Sections: Title. Purpose. Enactment and Effect. Compliance Required. Rules of Ordinance Construction. Land Use Ordinance Consistency with Comprehensive Plan and Laws. Land Use Ordinance and Zoning Map Implementation. Building Permits. Official Action. Title AMC Title 18 Land Use shall be known as the “Land Use Ordinance” of the City (“this ordi- nance”). Purpose The purpose of the Land Use Ordinance is to encourage the most appropriate and efficient use of land; to accommodate orderly growth; to pro- vide adequate open space for light and air; to con- serve and stabilize the value of property; to protect and improve the aesthetic and visual qualities of the living environment; to aid in securing safety from fire and other dangers; to facilitate adequate provisions for maintaining sanitary conditions; to provide for adequate access to and through prop- erty; and in general to promote the public health, safety, and the general welfare, all of which is in accordance with and in implementation of the Comprehensive Plan. Race, color, religion, sexual orientation, gender identity, national origin, or dis- ability shall not be an adverse consideration in making any decision under this ordinance. Enactment and Effect The Land Use Ordinance applies to all land uses and development in the City. Compliance Required A. Compliance with Land Use Ordinance. No structure or lot shall hereinafter be used, devel- oped, or occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or otherwise altered except as permitted by this ordinance. A lawful use of land (“use”) is one that is permitted in accordance with this or- dinance or is allowed as a legal nonconforming use, pursuant with chapter 18.1.4, provided State or Federal law does not prohibit the use. Amend- ments to the Zoning Map, Comprehensive Plan Map, and other official maps, amendments to the Land Use Ordinance, and annexations shall con- form to applicable provisions of this ordinance. B. Obligation by Successor. The requirements of this ordinance apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest. Rules of Ordinance Construction A. Provisions of Land Use Ordinance Declared to be Minimum Requirements. The provisions of this ordinance, in their interpretation and application, are minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Highest Standard or Requirement Applies. Where a requirement of this ordinance varies from another provision of this ordinance or with other applicable regulations, the highest stan- dard or regulation shall govern. C. Tenses. Words used in the present tense in- clude the future; the singular form includes the plural; and the plural includes the singular. D. Requirements versus Guidelines. Use of the word “shall,” “must,” “required,” “prohibited” or similar directive term means the ordinance pro- vision is a requirement. Use of the word “should,” “encouraged,” “recommended,” “may,” or similar term, means the provision is a guideline. Guide- lines are intended to assist City decision-making bodies where certain land use actions require the exercise of discretion. E. Interpreting Illustrations. This ordinance contains illustrations, photographs, and ordinance “graphics,” which are intended to serve as exam- ples of development design that either meet or do not meet particular ordinance standards. Except where a graphic contains a specific numerical stan- dard or uses the word “shall,” “must,” “required,” or “prohibited,” strict adherence to the graphic is not required. ASHLAND LAND USE ORDINANCE 18.1.2.050 18.1-3 18.1.2.060 18.1.2.070 18.1.2.080 18.1.2.090 F. Severability. The provisions of this ordi- nance are severable; where any section, sentence, clause, or phrase is judged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of the ordinance. Land Use Ordinance Consistency with Comprehensive Plan and Laws A. Comprehensive Plan. This ordinance im- plements the Comprehensive Plan. Provisions of this ordinance shall be interpreted consistent with the Comprehensive Plan. B. Compliance with Other Laws Required. In addition to the requirements of this ordinance, all uses and development must comply with all other applicable City, State of Oregon, and Federal rules and regulations. C. References to Other Regulations. All ref- erences to other City, State, and Federal rules and regulations are for informational purposes only and do not constitute a complete list of such re- quirements. The references do not imply any re- sponsibility by the City for enforcement of State or Federal regulations. Where a proposal, permit, or approval is subject to both City requirements and State or Federal requirements, the property owner is responsible for contacting the applicable agen- cies and complying with their rules and regula- tions. Land Use Ordinance and Zoning Map Implementation A. Zoning of Areas to be Annexed. Concur- rent with annexation of land, the City Council, upon considering the recommendation of the Plan- ning Commission, shall enact an ordinance apply- ing applicable zoning designation(s) to the subject land, pursuant with chapter 18.5.8. The Compre- hensive Plan shall guide the designation of zoning for annexed areas. B. Land Use Ordinance and Zoning Map. The City’s official Zoning Map (“Zoning Map”), which may be published, amended, and filed sep- arately from this ordinance, is part of this ordi- nance. The zoning districts depicted on the Zoning Map correspond to the zoning districts in this or- dinance. In addition, this ordinance may contain zoning regulations for special areas, (i.e., overlay zones), and for certain uses or structures that do not appear on the Zoning Map. C. Interpreting the Zoning Map. Except as otherwise specified by this ordinance, the City’s zoning boundaries are as designated on the Zoning Map, which is kept on file at City Hall. The City may adopt and publish supplemental zoning and land use control maps where it is impractical to illustrate all regulated features on one map; ex- amples of regulated features include but are not limited to historical landmarks, floodplain corridor boundaries, local wetland inventories, and specific area plans. In addition, the City may require field verification and mapping (e.g., survey) of a regu- lated feature as part of a development application, where the feature is thought to exist on or adjacent to the subject property but its exact location is un- known. D. Boundary Lines. Zoning district bound- aries are determined pursuant to section 18.2.1.030. E. Changes to Official Zoning Map. Pro- posed changes to the Zoning Map are subject to re- view and approval under chapter 18.5.9 Building Permits A. Land Use Approvals and Building Permits. The Building Official, pursuant with AMC title 15, administers the City’s building codes and issues building permits. The Staff Advi- sor administers the Land Use Ordinance, processes land use approvals, and coordinates with the Building Official on development and building projects to ensure compliance with the Land Use Ordinance. B. Zoning Compliance Required for Building Permits. A building permit shall not be issued until the Staff Advisor has confirmed that all applicable Land Use Ordinance requirements are met, or appropriate conditions of approval are in place to ensure compliance. Official Action A. Official Action. The Staff Advisor, Plan- ning Commission, and City Council are “City of- ficials” vested with authority to issue permits and grant approvals in conformance with this ordi- nance, pursuant to part 18.5 Application Review Procedures and Approval Criteria. City officials shall not issue or grant a permit or approval for any 18.1.2.060 TITLE, PURPOSE, AND GENERAL ADMINISTRATION 18.1-4 18.1.3.010 18.1.3.020 18.1.3.030 18.1.3.010 18.1.3.020 18.1.3.030 development or use that violates or fails to comply with conditions or standards imposed to carry out this ordinance. B. Void Future Actions. Any permit or ap- proval issued or granted in conflict with the pro- visions of this ordinance shall be void, unless the City modifies it in conformance with this ordi- nance. The Staff Advisor shall determine when an approval is void and, as applicable, he or she shall refer it back to the decision body for modification to ensure compliance. C. Referral to Planning Commission. In ad- dition to those actions that require Planning Com- mission approval, the Staff Advisor may refer any question or permit request to the Commission, who then shall take action on the request pursuant to the applicable provisions of this ordinance. See also, chapter 18.1.5 Ordinance Interpretations and part 18.5 Application Review Procedures and Ap- proval Criteria. D. Notices, Filing, and Validity of Actions. The failure of any person to receive mailed notice or failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this ordinance, provided a good faith effort was made to notify all parties entitled to such notice re- port or form. See chapter 18.5.1 General Review Procedures. Chapter 18.1.3 LOT OF RECORD AND LEGAL LOT DETERMINATION Sections: Purpose and Intent. Criteria. Legal Lot Determination Procedure. Purpose and Intent The purpose of chapter 18.1.3 is to establish cri- teria and a process for determining when a lot of record exists for the purpose of allowing a use or development on a nonconforming lot (e.g., sub- standard lot that does not meet lot area, setback, or coverage regulations). The owner of lot of record shall not be denied reasonable development on a lot of record; where the underlying zone allows residential use, one single-family dwelling per lot of record is deemed reasonable use, provided ap- plicable building codes are met. The City may also accept a legal lot determination as sufficient evi- dence of a hardship for in approving a variance un- der chapter 18.5.5. Criteria A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 to 92.190: A. The plot of land was lawfully created through a subdivision or partition plat in Jackson County prior to annexation to the City. B. The plot of land was created through a deed or land sales contract recorded with Jackson County prior to August 18, 1964 before the City adopted planning, zoning, subdivision or partition regulations (Ordinance 1361). C. The plot of land was created through a deed or land sales contract recorded with Jackson County prior to January 1, 2007 and the subject plot of land would have complied with the applica- ble planning, zoning, subdivision, or partition reg- ulations in effect at the time it was created. Legal Lot Determination Procedure The Staff Advisor through a Ministerial proce- dure, shall process requests to validate a lot of record. It shall be the property owner’s responsi- ASHLAND LAND USE ORDINANCE 18.1.3.030 18.1-5 18.1.4.010 18.1.4.020 18.1.4.030 18.1.4.040 18.1.4.050 18.1.4.010 18.1.4.020 bility to demonstrate that his or her plot of land meets the lot of record criteria in section 18.1.3.020. Chapter 18.1.4 NONCONFORMING SITUATIONS Sections: Purpose and Applicability. Nonconforming Uses. Nonconforming Structures. Nonconforming Developments. Nonconforming Lots. Purpose and Applicability Chapter 18.1.4 contains standards and proce- dures for the continuation of uses, structures, de- velopments and lots that are lawfully established but do not comply with current ordinance stan- dards (“nonconforming situations”). The chapter is intended to protect public health, safety, and gen- eral welfare, while allowing reasonable use of pri- vate property. Nonconforming situations are not necessarily considered a negative influence on a neighborhood; rather the benefits of continuing a nonconformity should be weighed against impacts to the neighborhood. The chapter contains four sections as follows: A. Nonconforming uses (e.g., commercial use in a residential zone) are subject to section 18.1.4.020; B. Nonconforming structures (e.g., structure does not meet setback standards) are subject to section 18.1.4.030; C. Nonconforming developments (e.g., site does not meet landscaping standards) are subject to section 18.1.4.040; D. Nonconforming lots (e.g., lot smaller than minimum area standard) are subject to section 18.1.4.050. Nonconforming Uses Where a use of land exists that would not be permitted under the current ordinance, but was lawful at the time it was established, the use may continue, provided it conforms to the following re- quirements: A. Change in Nonconforming Use. A noncon- forming use may be changed to another noncon- forming use of the same or a more restricted nature. A change in a nonconforming use requires approval of a Conditional Use Permit under chap- ter 18.5.4. 18.1.4.010 NONCONFORMING SITUATIONS 18.1-6 B. Expansion of Nonconforming Use. Expan- sion of a nonconforming use shall not exceed 50 percent of the building square footage. Expansion of a nonconforming use requires approval of a Conditional Use Permit under chapter 18.5.4. C. Discontinuation or Abandonment of Nonconforming Use. Except as provided by sub- section 18.1.4.020.D, a nonconforming use that is discontinued for any reason other than fire or cata- strophe beyond the owner’s control for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use pursuant to all of the following requirements: 1. After the City has deemed a nonconform- ing use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or dif- ferent ownership/management; any such activity is a violation of this ordinance. 2. For purposes of calculating the 12 month period, discontinuance does not include a period of active reconstruction following a fire or other cat- astrophe beyond the owner’s control, and the Plan- ning Commission through a Type II procedure in section 18.5.1.060 may extend the discontinuance period in the event of special unforeseen circum- stances. A use is discontinued upon the first occur- rence of any one of the following: a. The date when the use of land is physi- cally vacated. b. The date the use ceases to be actively involved in the sale of merchandise or the pro- vision of services; for example, as evidenced by the removal of signs, goods/stock, or office equip- ment, or the disconnection of telephone or utility service. c. The date of termination of any lease or contract under which the nonconforming use has occupied the land. d. The date a request for final reading of water and power meters is made to the applicable utility districts. e. The date of an event similar to those listed in subsections a-d, above, as determined by the Staff Advisor. D. Reestablishment of Nonconforming Status for Discontinued Use. Notwithstanding the provisions of subsection 18.1.4.020.C, a non- conforming use that is discontinued shall not be considered abandoned where the approval author- ity approves a Conditional Use Permit pursuant to chapter 18.5.4. The applicant shall demonstrate the reestablished use is equivalent to or more re- stricted than the abandoned use. In evaluating whether or not to permit the reestablishment of a nonconforming use, the approval authority, in ad- dition to applying the criteria required for Con- ditional Use Permit, shall apply the following criteria. 1. Any improvements for the reestablish- ment of a nonconforming use on the site are lim- ited to 50 percent of the value of the structure, except where such improvements bring the subject site, development or use into closer conformity with this ordinance. Valuation shall be determined as follows: a. An independent real estate appraiser li- censed in the State of Oregon shall determine the value of the structure. b. The value of the improvement shall be determined based upon copies of the contractor’s bid for said improvements, which shall be required with the Conditional Use Permit application. c. Personal property necessary for the op- eration of the business or site improvements not included in the structure shall not be counted as improvements under this criterion. 2. The traffic generated by the proposed use is not greater than the greatest traffic that would be generated by a permitted use. In assessing the traffic generated by the proposed use, the approval authority shall consider the average peak-hour number of vehicle trips per day, the hours of oper- ation, and the types of traffic generated; i.e., truck or passenger vehicle. The approval authority may condition approval of the Conditional Use Permit limiting the land use so that traffic impacts are not greater than for uses permitted in the same zone. 3. The noise generated by the proposed use will comply with the AMC 9.08.170, and will not exceed the average ambient noise level already ex- isting in the area, as measured pursuant to this sec- tion. 4. There shall be no lighting of the property that would have direct illumination on adjacent uses. 5. In a residential zone, the reestablishment will further implement Goal VI, Policy 2, Housing Chapter of the Comprehensive Plan. ASHLAND LAND USE ORDINANCE 18.1.4.020 18.1-7 18.1.4.030 18.1.4.040 6. Nothing herein shall apply to nonconform- ing signs, which are governed by the provisions of chapter 18.4.7 of this ordinance. Nonconforming Structures This section regulates nonconforming struc- tures, except for nonconforming structures in Wa- ter Resource Protection Zones subject to subsection 18.3.11.050.A.3. Nonconforming structures exist on the effective date of adoption or amendment of this ordinance, but could not be built under the terms of the ordinance today; for example, the structure(s) does not comply with current requirements for height and setbacks. If the structure or development was lawful when con- structed, it may remain on site so long as it remains otherwise lawful and complies with the following regulations: A. Exempt Alterations. A nonconforming structure may be altered as follows, subject to ap- proval of required building permits: 1. Additions and alterations are permitted if the improvement, evaluated separately from the existing structure, conforms to this ordinance. 2. Restoration, rehabilitation, repair, and maintenance of a nonconforming structure (e.g., roof repair, upgrading electrical systems, and sim- ilar work) are permitted where all of the following standards are met: a. The structure is not changed in size or shape (i.e., three-dimensional building envelope must not change including but not limited to build- ing footprint, mass, volume, roof shape, and height). b. Not more than 40 percent of any exte- rior building wall and not more than 50 percent of the building floor area is permanently removed; where a larger alteration is proposed, approval of a conditional use permit is required. c. Where temporary or permanent removal of a building wall or floor area is proposed, the owner shall submit with a building permit appli- cation a construction management plan that doc- uments existing building conditions, proposed methods of construction, and proposed building plans. 3. Reconstruction of garages and sheds if the use is not changed and the structure is not changed in size or shape (i.e., three-dimensional building envelope does not change including but not limited to building footprint, mass, volume, roof shape, and height). 4. Destruction. A legal nonconforming struc- ture that is damaged by means beyond the owner’s control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50 percent or more of its replacement cost, may be restored or re- constructed within the original three-dimensional building envelope (i.e., relative to coverage, height, setbacks, and other dimensions of the de- veloped area) provided the nonconformity shall not increase. Any residential structure in a zone where residential uses are allowed that is damaged beyond 50 percent of its replacement cost by such catastrophe may be reconstructed at the original density, provided a building permit application for the reconstruction is submitted within two years of the catastrophe. 5. Conversion of an existing detached single- family dwelling to a duplex is permitted, provided the conversion does not increase the nonconform- ing characteristics of the structure with applicable clear and objective standards (e.g., dimensional standards). B. Planning Approval Required. A noncon- forming structure may be altered (i.e., recon- structed, enlarged, or modified) subject to approval of a conditional use permit under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.030.A, above. A nonconforming structure may be rebuilt pursuant to this subsection, pro- vided in a historic district the applicant must demonstrate that restoration is not practicable. (Ord. 3199 § 2, amended, 06/15/2021) Nonconforming Developments A. Exempt Alterations. Repair and mainte- nance of a nonconforming development (e.g., paved area, parking area, landscaping) are allowed subject to approval of required building permits if the development is not enlarged or altered in a way that brings the nonconforming site less in conformity with this ordinance. See also, section 18.3.11.050 related to nonconforming uses in Wa- ter Resource Protection zones. B. Planning Approval Required. A noncon- forming development may be enlarged or altered subject to approval of a Conditional Use Permit 18.1.4.030 NONCONFORMING SITUATIONS 18.1-8 18.1.4.050 18.1.5.010 18.1.5.020 18.1.5.030 18.1.5.040 18.1.5.050 18.1.5.060 18.1.5.010 18.1.5.020 18.1.5.030 18.1.5.040 under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.040.A, above, and for non-res- idential development subject to subsection 18.4.2.040.B.6. C. Roadway Access. The owner of a noncon- forming driveway approach or access to a public street or highway, upon receiving land use or de- velopment approval, may be required as a condi- tion of approval to bring the nonconforming access into conformance with the standards of the ap- proval authority. D. Destruction. A legal nonconforming devel- opment that is damaged by means beyond the owner’s control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50 percent or more of its replacement cost, may be restored or reconstructed within the original three-dimen- sional building envelope (i.e., relative to coverage, height, setbacks, and other dimensions of the de- veloped area) provided the nonconformity shall not increase. Nonconforming Lots If a lot or the aggregate of contiguous lots or land parcels held in single ownership, and recorded in the office of the County Clerk at the time of passage of the ordinance codified herein, a legal lot or lot of record, as provided by chapter 18.1.3, with an area or dimensions that do not meet the standards of the zoning district in which the property is located, may be occupied by a use per- mitted in the zone subject to other requirements of the ordinance. Lot line adjustments to noncon- forming lots are allowed if the lot line adjustment brings the nonconforming lot closer in conformity with this ordinance. See also, chapter 18.1.3 Legal Lot Determination and subsection 18.4.6.050.C Nonconformities Created by Street Dedication. Chapter 18.1.5 ORDINANCE INTERPRETATIONS Sections: Purpose. Interpretations Authorized. Interpretation Criteria. Similar Uses. Ordinance Interpretation Procedure. Referral to Planning Commission and City Council. Purpose Some terms or phrases within this ordinance may have two or more reasonable meanings. This section provides a process for resolving differ- ences in the interpretation of the ordinance text. Interpretations Authorized Where the intent of this ordinance, the status of a use, or the meaning of a word or phrase is unclear, the Staff Advisor may interpret the or- dinance in writing through a Ministerial or Type I procedure, as applicable, pursuant to section 18.5.1.040 or 18.5.1.050. Alternatively, the Staff Advisor may refer the question to the Planning Commission for its written interpretation through a Type II procedure, pursuant to section 18.5.1.060. Neither the Staff Advisor's interpreta- tion nor the Commission's interpretation shall have the effect of amending this ordinance. Interpretation Criteria Any interpretation made through the foregoing procedures shall be based on the following criteria: A. The interpretation is consistent with applic- ability policies of the Comprehensive Plan. B. The interpretation is consistent with the pur- pose and intent of the ordinance provision that applies to the particular ordinance section, or sec- tions, in question. C. The interpretation is consistent with the opinion of the City Attorney. Similar Uses Where a proposed use is not specifically identi- fied by this ordinance or the ordinance is unclear as to whether the use is allowed in a particular zone, the Staff Advisor may find the use is similar ASHLAND LAND USE ORDINANCE 18.1.5.040 18.1-9 18.1.5.050 18.1.5.060 to another use that is permitted, allowed condition- ally, or prohibited in the subject zone and apply the ordinance accordingly. However, uses and activi- ties that this ordinance specifically prohibits in the subject zone, and uses and activities that the Staff Advisor finds are similar to those that are prohib- ited, are not allowed. Similar use rulings that re- quire discretion on the part of City officials shall be processed following the Type I procedure, pur- suant to section 18.5.1.050, except where the Staff Advisor refers a request for a similar use determi- nation to the Planning Commission for its review and decision through a Type II procedure, pursuant to section 18.5.1.060. Ordinance Interpretation Procedure Requests for a code interpretation, including but not limited to similar use determinations, shall be made in writing to the Staff Advisor and shall be processed as follows: A. The Staff Advisor within 30 days of the in- quiry shall respond in writing to person making the inquiry indicating whether additional information or a formal application is required. B. Where an application for a formal interpreta- tion is required, the Staff Advisor shall determine whether the request will be processed through a Ministerial or Type I review process. Where the in- terpretation does not involve the exercise of dis- cretion, the application shall be processed using the Ministerial procedure in section 18.5.1.040; and where an interpretation requires discretion, the application shall be processed using the Type I procedure in section 18.5.1.050. When a code in- terpretation using the Type I procedure is called up for review, the Planning Commission, follow- ing the Type II procedure in section 18.5.1.060, shall have the authority to modify the interpreta- tion based on the criteria in section 18.1.5.030. C. At a minimum, an application for code in- terpretation shall include a letter citing the nature and reasons for the request, and, as required, a City fee. The Staff Advisor then shall review relevant background information, including but not limited to other relevant ordinance sections and previous City land use decisions. Referral to Planning Commission and City Council Where a code interpretation may have signif- icant citywide policy implications, the Staff Ad- visor may bypass the procedure in section 18.1.5.050 and refer the request directly to the Planning Commission and City Council for its leg- islative review in a public hearing following the Legislative procedure in section 18.5.1.070. 18.1.5.050 ORDINANCE INTERPRETATIONS 18.1-10 18.1.6.010 18.1.6.020 18.1.6.030 18.1.6.040 18.1.6.050 18.1.6.060 18.1.6.070 18.1.6.080 18.1.6.090 18.1.6.100 18.1.6.010 18.1.6.020 18.1.6.030 18.1.6.040 18.1.6.050 Chapter 18.1.6 ZONING PERMIT EXPIRATION, EXTENSION, AND ENFORCEMENT Sections: Zoning Permits. Duties of Officer. Permit Expiration. Permit Extension. Conditions of Approval. Revocation – Conditions Violated. Revocation – Public Hearing. Violations. Complaints. Penalties. Zoning Permits Zoning permits or approval shall be required for all buildings and structures, hereinafter erected, constructed, altered, repaired, or moved within or into any district established by this ordinance, and for the use of vacant land or for a change in the character of the use of land or buildings, within any district established by this ordinance. Such permit may be a part of the building permit. Duties of Officer All departments, officials, and employees of the City vested with the duty or authority to issue per- mits shall issue no permit, certificate, or license for uses, buildings or purpose in conflict with the provisions of this ordinance; the Staff Advisor in consultation with the Building Official and City Engineer is responsible for enforcing the provi- sions of this ordinance. Permit Expiration A. Time Period. Any zoning permit or plan- ning action granted in accordance with the terms of this ordinance shall be deemed revoked if not used within 18 months from date of approval, un- less another time period is specified in another sec- tion of this ordinance. B. Permit Activation. Said permit shall not be deemed used until the permittee has obtained a building permit and commenced construction in compliance with permits and approvals for the project or has commenced the permitted use of the premises in compliance with this ordinance. C. Extension Application. If an application for extension pursuant to section 18.1.6.040, be- low, is deemed complete for processing prior to the timetable expiration date, the permit or action shall not expire by operation of this section unless the application is abandoned or not approved or de- nied within 90 days. D. Appeal or Court Proceeding. Notwith- standing any other provision of this chapter, in the event a LUBA appeal or a Circuit Court proceed- ing is filed concerning a final land use decision of the City, the timetable of development is deemed tolled or suspended from the date of the final deci- sion of the City until final resolution of all appeals or final action on remand, whichever is later, not to exceed 24 months. After resolution of all such appeals or remands, timetables shall be adjusted in writing by the Staff Advisor to reflect this auto- matic tolling, regardless of the approval authority. Permit Extension The Staff Advisor shall grant a timetable exten- sion of any zoning permit or planning action ap- proval under demonstrated compliance with all of the following conditions: A. One time extension no longer than 24 months is allowed. B. The Staff Advisor shall find that a change of conditions for which the applicant was not respon- sible prevented the applicant from completing the development within the original time limitation. C. Land Use Ordinance requirements applicable to the development have not changed since the original approval. An exten- sion may be granted, however, if requirements have changed and there is no material effect upon the original approval, and the applicant agrees to comply with any new requirements, as a condition of the extension. Conditions of Approval The Staff Advisor, the Planning Commission, the Hearings Board, or the City Council, when act- ing as the hearing authority, may impose condi- tions of approval on any planning action to modify that planning action to comply with the criteria of approval or to comply with other applicable City ordinances. Such conditions shall be binding on the approved planning action, and a violation of a condition imposed by the hearing authority shall ASHLAND LAND USE ORDINANCE 18.1.6.050 18.1-11 18.1.6.060 18.1.6.070 18.1.6.080 18.1.6.090 18.1.6.100 be a violation of this ordinance, and subject to all the penalties thereof. Revocation – Conditions Violated Any zoning permit or planning action granted in accordance with the terms of this ordinance may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith. Revocation – Public Hearing A. The Planning Commission shall hold a hear- ing on any proposed revocation after giving writ- ten notice to the permittee and owners within 200 feet of subject property as provided in section 18.5.1.060. B. The Commission shall render its decision within 30 days after the conclusion of the hearing. C. In case the permittee is not satisfied with the decision, he/she may within 15 days appeal in writing to the City Council. D. The Council shall set a date for public hear- ing and shall give notice thereof in the manner provided in section 18.5.1.060. A report shall be submitted to the Council setting forth the reasons for the action taken by the Commission. Notice of the appeal to Council shall also be given to the Commission. E. The Council shall render its decision within 60 days after the filing of such appeal. Violations A. The following shall be and are hereby de- clared to be unlawful and a public nuisance: 1. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this ti- tle. 2. Any use of land, building, or premise es- tablished, conducted, operated, or maintained con- trary to the provisions of this title. 3. Offering by means of newspaper, radio, television, or internet advertising or by means of other displays for public view any use of land, building, or premise established, conducted, oper- ated without a valid land use approval or otherwise maintained contrary to the provisions of this title. B. The Staff Advisor or City Attorney may, or upon order of the City Council shall, immediately commence action or proceedings for the abate- ment and removal and enjoinment of any public nuisance as defined in subsection 18.1.6.080.A, above, in the manner provided by law, and may take such other steps and applied to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings, condition, or conduct. C. The remedies provided for herein shall be cumulative and not exclusive. Complaints Complaints concerning violations to this ordi- nance can be initiated only as provided in AMC 1.08. Penalties A. Any person, firm, or corporation, whether as principal, agent employee, or otherwise, violating or causing the violation of any of the provisions of this ordinance has committed a Class A violation offense, and upon conviction thereof is punishable as prescribed in AMC 1.08.020, subject to the lim- itations of the Ashland City Charter. Such person, firm, or corporation is guilty of a separate viola- tion for each and every day during any portion of which any violation of this ordinance is committed or continued by such person, firm or corporation. B. Fine. A violation of any provision of this chapter, a permit issued under this chapter, or any condition of a permit issued under this chapter shall be a violation as defined by AMC 1.08 and punishable by a fine as set forth in that section. Failure to comply with the provisions of this chap- ter or a permit or any condition of a permit issued under this chapter shall be a separate offense each day the failure to comply continues. C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as restitution for the enforcement costs incurred by the City. This fee may be imposed upon any person who vi- olates any provision of this chapter or who violates any permit or condition of any issued permit under this chapter. The fee shall be in an amount estab- lished by resolution of the City Council. 18.1.6.060 ZONING PERMIT EXPIRATION, EXTENSION, AND ENFORCEMENT 18.1-12 18.2.1 18.2.2 18.2.3 18.2.4 18.2.5 18.2.6 PART 18.2 – Zoning Regulations Chapters: Zoning Regulations and General Provisions Base Zones and Allowed Uses Special Use Standards General Regulations for Base Zones Standards for Residential Zones Standards for Non-Residential Zones 18.2-1 18.2.1.010 18.2.1.020 18.2.1.030 18.2.1.040 18.2.1.010 18.2.1.020 Chapter 18.2.1 ZONING REGULATIONS AND GENERAL PROVISIONS Sections: Purpose. Zoning Map and Classification of Zones. Determination of Zoning Boundaries. Applicability of Zoning Regulations. Purpose Chapter 18.2.1 establishes zoning districts pur- suant to the Comprehensive Plan. Every parcel, lot, and tract of land within the City is designated with a zoning district, or zone. The use of land is limited to the uses allowed by the applicable zone. Zoning Map and Classification of Zones For the purpose of this ordinance, the City is di- vided into zones designated and depicted on the Zoning Map, pursuant to the Comprehensive Plan Map, and summarized in Table 18.2.1.020. Table 18.2.1.020. Base Zones Overlay Zones Residential - Woodland (WR) Airport Overlay Detail Site Review Overlay Residential - Rural (RR) Downtown Design Standards Overlay Residential - Single-Family (R-1-10, R-1-7.5, and R-1-5) Freeway Sign Overlay Residential - Suburban (R-1-3.5) Historic District Overlay Residential - Low Density Multiple Family (R-2) Pedestrian Place Overlay Residential - High Density Multiple Family (R-3) Performance Standards Options Overlay Commercial (C-1) Physical and Environmental Constraints Overlay Commercial - Downtown (C-1-D) -Hillside Lands Employment (E-1) -Floodplain Corridor Lands -Severe Constraints Lands Industrial (M-1) -Water Resources -Wildfire Lands Special Districts Croman Mill District (CM) Residential Overlay Transit Triangle Overlay Health Care Services District (HC) ASHLAND LAND USE ORDINANCE 18.2.1.020 18.2-3 18.2.1.030 18.2.1.040 Table 18.2.1.020. (continued) Normal Neighborhood District (NN) North Mountain Neighborhood District (NM) Southern Oregon University District (SOU) (Ord. 3167 § 1, amended, 12/18/2018) Determination of Zoning Boundaries Unless otherwise specified, zoning boundaries are lot lines, the centerlines of streets, and railroad right-of-way, or such lines extended. Where due to the scale, lack of scale, lack of detail or illegibil- ity of the Zoning Map, or due to any other rea- son, there is uncertainty, contradiction or conflict as to the intended location of a zoning boundary, the Staff Advisor or, upon referral, the Planning Commission or City Council, shall determine the boundary as follows: A. Rights-of-way. Boundaries that approxi- mately follow the centerlines of a street, highway, alley, bridge, railroad, or other right-of-way shall be construed to follow such centerlines. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning designation that is applicable to lands abutting the vacated areas. In cases where the right-of-way for- merly served as a zoning boundary, the vacated lands within the former right-of-way shall be allo- cated proportionately to the abutting zones. B. Parcel, lot, tract. Where a zoning boundary splits a lot into two zones and the minimum width or depth of a divided area is 20 feet or less, the en- tire lot shall be placed in the zone that accounts for the greater area of the lot by the adjustment of the zoning boundary. Where a zoning boundary splits a lot into two zones and the minimum width and depth of both divided areas is greater than 20 feet, the lot shall have split zoning with lot area desig- nated proportionately to each zone. C. Jurisdiction boundary. Boundaries indi- cated as approximately following a City or County boundary, or the Urban Growth Boundary, shall be construed as following said boundary. D. Natural features. Boundaries indicated as approximately following the centerlines of a river or stream, a topographic contour, or similar feature not corresponding to any feature listed in section 18.2.1.030, above, shall be construed as following such feature. Applicability of Zoning Regulations Part 18.2 applies to properties with base zone, special district, and overlay zone designations, as follows: Table 18.2.1.040. Applicability of Standards to Zones, Plan Districts and Overlays Designation Applicability Base Zones Residential - Woodland (WR) Chapter 18.2 Applies Directly Residential - Rural (RR) Chapter 18.2 Applies Directly Residential - Single-family (R-1-10, R-1-7.5, R-1-5) Chapter 18.2 Applies Directly Residential - Suburban (R-1-3.5) Chapter 18.2 Applies Directly Residential - Low Density Multiple Family (R-2) Chapter 18.2 Applies Directly 18.2.1.030 ZONING REGULATIONS AND GENERAL PROVISIONS 18.2-4 Table 18.2.1.040. Applicability of Standards to Zones, Plan Districts and Overlays (continued) Designation Applicability Residential - High Density Multiple Family (R-3) Chapter 18.2 Applies Directly Commercial (C-1) Chapter 18.2 Applies Directly Commercial - Downtown (C-1-D) Chapter 18.2 Applies Directly Employment (E-1) Chapter 18.2 Applies Directly Industrial (M-1) Chapter 18.2 Applies Directly Special Districts Croman Mill District Zone (CM) CM District Replaces chapter 18.2 Health Care Services Zone (HC) Normal Neighborhood District (NN) NN District Replaces chapter 18.2 North Mountain Neighborhood (NM) NM District Replaces chapter 18.2 Southern Oregon University (SOU) Overlay Zones Airport Overlay Modifies chapter 18.2 Detail Site Review Overlay Modifies chapter 18.2 Downtown Design Standards Overlay Modifies chapter 18.2 Freeway Sign Overlay Modifies chapter 18.2 Historic Overlay Modifies chapter 18.2 Pedestrian Place Overlay Modifies chapter 18.2 Performance Standards Options Overlay Modifies chapter 18.2 Physical and Environmental Constraints Overlay Modifies chapter 18.2 Residential Overlay Modifies chapter 18.2 Transit Triangle Overlay Modifies chapter 18.2 (Ord. 3167 § 2, amended, 12/18/2018) ASHLAND LAND USE ORDINANCE 18.2.1.040 18.2-5 18.2.2.010 18.2.2.020 18.2.2.030 18.2.2.010 18.2.2.020 18.2.2.030 Chapter 18.2.2 BASE ZONES AND ALLOWED USES Sections: Purpose. Applicability. Allowed Uses. Purpose Chapter 18.2.2 regulates allowed land uses pur- suant to the Comprehensive Plan and the purposes of this ordinance, per chapter 18.1.2. Applicability All uses of land in the City are subject to the regulations of chapter 18.2.2. Certain types of land uses are also subject to the Special Use regulations in chapter 18.2.3, and some properties are subject to the overlay zone regulations contained in part 18.3, as applicable. 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 ap- proval of a conditional use permit. Where Table 18.2.2.030 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 al- lowed, or is not allowed, following the procedures of section 18.1.5.040. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as “Permitted (P)” are allowed. Uses listed as “Per- mitted 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 the 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 “Condi- tional 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 al- lowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are sub- ject 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 ap- ply within overlay 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 reg- ulations applying to the City’s overlay zones, refer to part 18.3. F. Accessory Uses. Uses identified as “Permit- ted (P)” are permitted as primary uses and as ac- cessory 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 individ- ually are also allowed in combination with one an- other, 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, ex- cept as follows: 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, pa- rades, and festivals that occur on public property (e.g., street rights-of-way, parks, sidewalks, or other public grounds) require a special event per- mit pursuant to chapter 13.03. 2. Short-Term Food Truck Event. The Staff Advisor may approve through ministerial review the short-term temporary operation of a food truck occurring not more than once per month and last- ing not more than 72 hours including set-up and take-down. In addition to the short-term food truck event permit, food truck vendors shall obtain a business license, register for and pay applicable food and beverage tax, and receive any requisite inspections from the Building and Fire Depart- ments and the Jackson County Environmental Public Health Department. Short-term food truck events are not to be permitted in residential zones. 3. Garage Sales. Garage sales shall have a duration of not more than two days and shall not 18.2.2.010 BASE ZONES AND ALLOWED USES 18.2-6 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 chapter, garage sales meeting the requirements of this subsection shall not be considered a commer- cial activity. 4. Temporary Buildings. Temporary occu- pancy of a manufactured housing unit or similar structure may be permitted for a period not to ex- ceed 90 calendar days upon the granting of a per- mit 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 develop- ment meets the applicable standards of this chap- ter. ASHLAND LAND USE ORDINANCE 18.2.2.030 18.2-7 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s A. A g r i c u l t u r a l U s e s 1 Ag r i c u l t u r e , e x c e p t K e e p i n g o f B e e s , Li v e s t o c k a n d M i c r o - L i v e s t o c k , Ho m e g r o w n M a r i j u a n a C u l t i v a t i o n , a n d Ma r i j u a n a P r o d u c t i o n P P P P P P N N N An i m a l s a l e s , f e e d y a r d s , ke e p i n g o f s w i n e , co m m e r c i a l c o m p o s t , o r si m i l a r u s e s n o t a l l o w e d Ke e p i n g o f B e e s S S S S S S N N N Se c . 18 . 2 . 3 . 1 6 0 Ke e p i n g o f L i v e s t o c k S N N N S S N N N Ke e p i n g o f M i c r o - L i v e s t o c k S S S S S S N N N Ma r i j u a n a C u l t i v a t i o n , H o m e g r o w n S S S S S S S S S Se c . 18 . 2 . 3 . 1 9 0 Se e G e n e r a l I n d u s t r i a l , Ma r i j u a n a P r o d u c t i o n B. R e s i d e n t i a l U s e s Si n g l e - F a m i l y D w e l l i n g P P P P P P S S N Se e S i n g l e - F a m i l y s t a n d a r d s in S e c . 18 . 2 . 5 . 0 9 0 Se c . 18 . 2 . 3 . 1 3 0 fo r dw e l l i n g s i n C - 1 z o n e a n d E- 1 z o n e Dw e l l i n g s a n d a d d i t i o n s i n Hi s t o r i c D i s t r i c t O v e r l a y , s e e Se c . 18 . 2 . 3 . 1 2 0 an d 18 . 2 . 5 . 0 7 0 Ac c e s s o r y R e s i d e n t i a l U n i t S S S S S S N N N Se c . 18 . 2 . 3 . 0 4 0 an d 18 . 5 . 2 . 0 2 0 . C . 2 Dw e l l i n g s a n d a d d i t i o n s i n Hi s t o r i c D i s t r i c t O v e r l a y , s e e 18.2.2.030 BASE ZONES AND ALLOWED USES 18.2-8 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Se c . 18 . 2 . 3 . 1 2 0 an d 18 . 2 . 5 . 0 7 0 Co t t a g e H o u s i n g S N N N N N N N N Se c . 18 . 2 . 3 . 0 9 0 , C o t t a g e Ho u s i n g Du p l e x S S S S S S S S N Se c . 18 . 2 . 3 . 1 10 , D u p l e x , a n d 18 . 5 . 2 . 0 2 0 . C . 2 Se c . 18 . 2 . 3 . 1 3 0 fo r dw e l l i n g s i n C - 1 z o n e a n d E- 1 z o n e Dw e l l i n g s a n d a d d i t i o n s i n Hi s t o r i c D i s t r i c t O v e r l a y , s e e Se c . 18 . 2 . 3 . 1 2 0 an d 18 . 2 . 5 . 0 7 0 Ma n u f a c t u r e d H o m e o n I n d i v i d u a l L o t S S S S N N N N N Se c . 18 . 2 . 3 . 1 7 0 an d n o t al l o w e d i n H i s t o r i c D i s t r i c t Ov e r l a y Ma n u f a c t u r e d H o u s i n g D e v e l o p m e n t N S CU + S N N N N N N Se c . 18 . 2 . 3 . 1 8 0 Mu l t i f a m i l y D w e l l i n g N P P P N N S S N Se c . 18 . 2 . 3 . 1 3 0 fo r C - 1 z o n e an d E - 1 z o n e Dw e l l i n g s i n T ra n s i t T ri a n g l e ( T T ) O v e r l a y , s e e ch a p t e r 18 . 3 . 1 4 Dw e l l i n g s a n d a d d i t i o n s i n Hi s t o r i c D i s t r i c t O v e r l a y , s e e Se c . 18 . 2 . 3 . 1 2 0 an d 18 . 2 . 5 . 0 7 0 ASHLAND LAND USE ORDINANCE 18.2.2.030 18.2-9 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Re n t a l D w e l l i n g U n i t C o n v e r s i o n t o Fo r -P u r c h a s e H o u s i n g N N S S N N N N N Se c . 18 . 2 . 3 . 2 0 0 Ho m e O c c u p a t i o n S S S S S S S S N Se c . 18 . 2 . 3 . 1 5 0 C. G r o u p L i v i n g Nu r s i n g H o m e s , C o n v a l e s c e n t H o m e s CU CU CU CU CU CU N N N Se e c h a p t e r 18 . 3 . 3 , H e a l t h Ca r e S e r v i c e s D i s t r i c t Re s i d e n t i a l C a r e H o m e P P P P P P N N N Su b j e c t t o S t a t e l i c e n s i n g re q u i r e m e n t s Re s i d e n t i a l C a r e F a c i l i t y CU P P P CU CU N N N Su b j e c t t o S t a t e l i c e n s i n g re q u i r e m e n t s Ro o m a n d B o a r d i n g F a c i l i t y N P P P N N N N N D. P u b l i c a n d I n s t i t u t i o n a l U s e s Ai r p o r t Se e c h a p t e r 18 . 3 . 7 , A i r p o r t Ov e r l a y Ce m e t e r y , M a u s o l e u m , C o l u m b a r i u m N N N N CU N N N N Ch i l d C a r e F a c i l i t y CU CU CU CU CU CU P P P Fa m i l y C h i l d C a r e H o m e ex e m p t f r o m p l a n n i n g ap p l i c a t i o n p r o c e d u r e pu r s u a n t t o O R S 32 9 A . 4 4 0 , se e p a r t 18 . 6 fo r d e f i n i t i o n Su b j e c t t o S t a t e l i c e n s i n g re q u i r e m e n t s Cl u b L o d g e , F r a t e r n a l O r ga n i z a t i o n CU CU CU CU CU CU P CU CU El e c t r i c a l S u b s t a t i o n N N N N N N CU CU P 18.2.2.030 BASE ZONES AND ALLOWED USES 18.2-10 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Ho s p i t a l s CU CU CU CU CU N N N N Se e c h a p t e r 18 . 3 . 3 , H e a l t h Ca r e S e r v i c e s D i s t r i c t Go v e r n m e n t a l O f fi c e s a n d E m e r ge n c y Se r v i c e s ( e . g . , P o l i c e , F i r e ) ; e x c l u d i n g Ou t d o o r S t o r a g e CU CU N N CU CU P P P Mo r t u a r y , C r e m a t o r i u m N N N N CU N P P P Pa r k , O p e n S p a c e , a n d R e c r e a t i o n a l Fa c i l i t y , i n c l u d i n g p l a y g r o u n d s , t r a i l s , na t u r e p r e s e r v e s , a t h l e t i c f i e l d s , c o u r t s , sw i m p o o l s , a n d s i m i l a r u s e s P P P P P P N N N Pu b l i c P a r k i n g F a c i l i t y P P P P P P P P P Re c y c l i n g D e p o t N N N N N N N P P No t a l l o w e d w i t h i n 2 0 0 f e e t of a r e s i d e n t i a l z o n e Re l i g i o u s I n s t i t u t i o n , H o u s e s o f W or s h i p CU CU CU CU CU CU CU CU CU Sc h o o l , P r i v a t e ( K i n d e r ga r t e n a n d u p ) CU CU CU CU CU CU N N N Sc h o o l , P u b l i c ( K i n d e r ga r t e n a n d u p ) P P P P P CU N N N Sc h o o l , P r i v a t e Co l l e g e / T ra d e / T ec h n i c a l S c h o o l N N N N N N N CU P ASHLAND LAND USE ORDINANCE 18.2.2.030 18.2-11 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Ut i l i t y a n d S e r v i c e B u i l d i n g , Y ar d a n d St r u c t u r e , P u b l i c a n d Q u a s i - P u b l i c , ex c l u d i n g e l e c t r i c a l s u b s t a t i o n s CU CU N N CU CU P P P In c l u d e s p u b l i c s e r v i c e bu i l d i n g , y a r d , a n d s t r u c t u r e s su c h a s p u b l i c w o r k s y a r d s Y ar d s n o t a l l o w e d i n t h e R R , WR , a n d C - 1 z o n e s W ir e l e s s C o m m u n i c a t i o n F a c i l i t y CU CU CU CU CU CU P o r C U P o r CU P o r CU Ch a p t e r 18 . 4 . 1 0 E. C o m m e r c i a l U s e s Am u s e m e n t / E n t e r t a i n m e n t , i n c l u d e s th e a t e r , c o n c e r t h a l l , b o w l i n g a l l e y , mi n i a t u r e g o l f , a r c a d e ; e x c l u d i n g d r i v e - up u s e s N N N N N N P CU P Au t o m o t i v e a n d T ru c k R e p a i r , o r Se r v i c e ; i n c l u d e s f u e l i n g s t a t i o n , c a r wa s h , t i r e s a l e s a n d r e p a i r / r e p l a c e m e n t , pa i n t i n g , a n d o t h e r r e p a i r f o r au t o m o b i l e s , m o t o r c y c l e s , a i r c r a f t , bo a t s , R Vs , t r u c k s , e t c . N N N N N N S o r C U S o r CU P Se c . 18 . 2 . 3 . 0 5 0 In C - 1 z o n e , f u e l s a l e s a n d se r v i c e i s a p e r m i t t e d u s e pr o v i d e d w i t h i n t h e F r e e w a y Ov e r l a y , s e e c h a p t e r 18 . 3 . 8 ; co n d i t i o n a l u s e i n l o c a t i o n s ou t s i d e o f F r e e w a y O v e r l a y In E - 1 z o n e , a u t o a n d t r u c k re p a i r i s a p e r m i t t e d u s e i f 20 0 f e e t o r m o r e f r o m re s i d e n t i a l z o n e s ; f u e l s a l e s an d s e r v i c e r e q u i r e s C U pe r m i t Au t o m o t i v e S a l e s a n d R e n t a l , i n c l u d e s mo t o r c y c l e s , b o a t s , R Vs , a n d t r u c k s N N N N N N CU CU P No t a l l o w e d w i t h i n H i s t o r i c Di s t r i c t O v e r l a y 18.2.2.030 BASE ZONES AND ALLOWED USES 18.2-12 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Ac c e s s o r y T ra v e l e r s ’ A c c o m m o d a t i o n (S e e a l s o T ra v e l e r s ’ A c c o m m o d a t i o n ) N N CU + S CU + S N N N N N Se c . 18 . 2 . 3 . 2 2 0 Ba k e r y , e x c e p t a s c l a s s i f i e d a s F o o d Pr o c e s s i n g N N N N N N P P P Co m m e r c i a l L a u n d r y , C l e a n i n g , a n d Dy e i n g E s t a b l i s h m e n t N N N N N N S S P Se c . 18 . 2 . 3 . 0 8 0 Co m m e r c i a l R e c r e a t i o n , i n c l u d e s co u n t r y c l u b , g o l f c o u r s e , s w i m m i n g cl u b , a n d t e n n i s c l u b ; e x c l u d i n g in t e n s i v e u s e s s u c h a s d r i v i n g r a n g e , ra c e t r a c k , o r a m u s e m e n t p a r k CU CU N N CU CU N N N Co m m e r c i a l R e t a i l S a l e s a n d S e r v i c e s , ex c e p t O u t d o o r S a l e s a n d S e r v i c e s N N CU + S N N N P S S In R - 2 z o n e , u s e s l i m i t e d t o pe r s o n a l a n d p r o f e s s i o n a l se r v i c e s , e x c e p t s e e S e c . 18 . 2 . 3 . 2 1 0 fo r r e t a i l u s e s al l o w e d i n R a i l r o a d H i s t o r i c Di s t r i c t In E - 1 z o n e , R e t a i l l i m i t e d t o 20 , 0 0 0 s q u a r e f e e t o f g r o s s le a s a b l e f l o o r s p a c e p e r l o t In M - 1 z o n e , u s e s l i m i t e d t o se r v i n g p e r s o n s w o r k i n g i n zo n e Se e M a r i j u a n a R e t a i l S a l e s Dr i v e - U p U s e N N N N N N S N N Pe r S e c . 18 . 2 . 3 . 1 0 0 , D r i v e - Up u s e s a r e l i m i t e d t o a r e a ea s t o f A s h l a n d S t a t ASHLAND LAND USE ORDINANCE 18.2.2.030 18.2-13 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s in t e r s e c t i o n o f A s h l a n d St / S i s k i y o u B l v d Fo o d T ru c k s a n d F o o d C a r t s N N N N N N S S S Se c . 18 . 2 . 3 . 1 4 5 Ho s t e l N N CU CU N N CU * N N *I n C - 1 z o n e , r e q u i r e s an n u a l T yp e I r e v i e w f o r a t le a s t t h e f i r s t t h r e e y e a r s , af t e r w h i c h t i m e t h e Pl a n n i n g C o m m i s s i o n m a y ap p r o v e a p e r m a n e n t f a c i l i t y th r o u g h t h e T yp e I I pr o c e d u r e Ho t e l / M o t e l N N N N N N CU CU P Ke n n e l ( S e e a l s o V et e r i n a r y C l i n i c ) N N N N N N S S CU No a n i m a l s k e p t o u t s i d e wi t h i n 2 0 0 f e e t o f a re s i d e n t i a l z o n e Li m i t e d R e t a i l U s e s i n R a i l r o a d Hi s t o r i c D i s t r i c t N CU CU CU N N N N N Se c . 18 . 2 . 3 . 2 1 0 fo r R e t a i l Us e s A l l o w e d i n R a i l r o a d Hi s t o r i c D i s t r i c t Lu m b e r Y ar d a n d S i m i l a r S a l e s a n d Re n t a l o f B u i l d i n g o r C o n t r a c t i n g Su p p l i e s , o r H e a v y E q u i p m e n t N N N N N N CU CU P Ma r i j u a n a R e t a i l S a l e s , i n c l u d e s s a l e o f me d i c a l a n d r e c r e a t i o n a l m a r i j u a n a N N N N N N S o r C U S o r CU N Pe r S e c . 18 . 2 . 3 . 1 9 0 , ma r i j u a n a r e t a i l s a l e s a r e li m i t e d t o t h e C - 1 a n d E - 1 zo n e s a n d l o c a t e d o n a bo u l e v a r d o r 2 0 0 f e e t o r mo r e f r o m a n y r e s i d e n t i a l zo n e , s e e S e c . 18 . 2 . 3 . 1 9 0 18.2.2.030 BASE ZONES AND ALLOWED USES 18.2-14 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Ni g h t c l u b , B a r N N N N N N S CU P No t a l l o w e d w i t h i n t h e Hi s t o r i c D i s t r i c t O v e r l a y un l e s s l o c a t e d i n C - 1 - D Of fi c e N N CU CU N N P P P Ou t d o o r S t o r a g e o f C o m m o d i t i e s o r Eq u i p m e n t a s s o c i a t e d w i t h a n a l l o w e d us e N N N N N N CU CU P Pl a n t N u r s e r y , W h o l e s a l e , e x c e p t Ma r i j u a n a P r o d u c t i o n N N CU CU N N N N N Re s t a u r a n t s N N N N N N P P P Re t a i l S a l e s a n d S e r v i c e s , e x c e p t Ou t d o o r S a l e s a n d S e r v i c e s N N CU + S N N N P S S In R - 2 z o n e , u s e s l i m i t e d t o pe r s o n a l a n d p r o f e s s i o n a l se r v i c e s , e x c e p t s e e S e c . 18 . 2 . 3 . 2 1 0 fo r r e t a i l u s e s al l o w e d i n R a i l r o a d H i s t o r i c Di s t r i c t In E - 1 z o n e , R e t a i l l i m i t e d t o 20 , 0 0 0 s q u a r e f e e t o f g r o s s le a s a b l e f l o o r s p a c e p e r l o t In M - 1 z o n e , u s e s l i m i t e d t o se r v i n g p e r s o n s w o r k i n g i n zo n e Se e M a r i j u a n a R e t a i l S a l e s Se l f - S e r v i c e S t o r a g e , C o m m e r c i a l (M i n i - W ar e h o u s e ) N N N N N N N CU P ASHLAND LAND USE ORDINANCE 18.2.2.030 18.2-15 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s T ra v e l e r s ’ A c c o m m o d a t i o n ( S e e a l s o Ac c e s s o r y T ra v e l e r s ’ A c c o m m o d a t i o n ) N N CU + S CU + S N N N N N Se c . 18 . 2 . 3 . 2 2 0 V et e r i n a r y C l i n i c N N N N N N P P P F. I n d u s t r i a l a n d E m p l o y m e n t U s e s Ca b i n e t , C a r p e n t r y , a n d M a c h i n e S h o p , an d r e l a t e d S a l e s , S e r v i c e s , a n d R e p a i r s N N N N N N N S o r CU P In t h e E - 1 z o n e , u s e s w i t h i n 20 0 f e e t o f a r e s i d e n t i a l z o n e re q u i r e C U p e r m i t Co m m e r c i a l E x c a v a t i o n a n d R e m o v a l of S a n d , G r a v e l , S t o n e , L o a m , D i r t o r Ot h e r E a r t h P r o d u c t s N N N N CU + S N N N N Se c . 18 . 2 . 3 . 0 7 0 Co n c r e t e o r A s p h a l t B a t c h P l a n t N N N N N N N N CU Dw e l l i n g f o r a c a r e t a k e r o r w a t c h m a n N N N N N N N CU CU Fo o d P r o d u c t s Ma n u f a c t u r e / P r o c e s s i n g / P r e s e r v i n g , in c l u d i n g c a n n i n g , b o t t l i n g , f r e e z i n g , dr y i n g , a n d s i m i l a r p r o c e s s i n g a n d pr e s e r v i n g N N N N N N S S P In t h e C - 1 z o n e , m a n u f a c t u r e or a s s e m b l y o f i t e m s s o l d i s a p e r m i t t e d u s e , p r o v i d e d su c h m a n u f a c t u r i n g o r as s e m b l y o c c u p i e s 6 0 0 sq u a r e f e e t o r l e s s , a n d i s co n t i g u o u s t o t h e p e r m i t t e d re t a i l o u t l e t In t h e E - 1 z o n e , s e e S e c . 18 . 2 . 3 . 1 4 0 Ma n u f a c t u r e , G e n e r a l , i n c l u d e s Ma r i j u a n a L a b o r a t o r y , P r o c e s s i n g , a n d Pr o d u c t i o n N N N N N N N P o r S P o r S In E - 1 a n d M - 1 z o n e s , ma r i j u a n a l a b o r a t o r y , pr o c e s s i n g , a n d p r o d u c t i o n ar e s u b j e c t t o t h e s p e c i a l u s e st a n d a r d s i n S e c . 18 . 2 . 3 . 1 9 0 18.2.2.030 BASE ZONES AND ALLOWED USES 18.2-16 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s Se e M a r i j u a n a C u l t i v a t i o n , Ho m e g r o w n Ma n u f a c t u r e , L i g h t ; e x c l u d i n g s a w , pl a n i n g o r l u m b e r m i l l s , o r m o l d i n g pl a n t s N N N N N N S P P Re q u i r e s a s s e m b l y , fa b r i c a t i n g , o r p a c k a g i n g o f pr o d u c t s f r o m p r e v i o u s l y pr e p a r e d m a t e r i a l s s u c h a s cl o t h , p l a s t i c , p a p e r , c o t t o n , or w o o d In t h e C - 1 z o n e , m a n u f a c t u r e or a s s e m b l y o f i t e m s s o l d i n a p e r m i t t e d u s e , p r o v i d e d su c h m a n u f a c t u r i n g o r as s e m b l y o c c u p i e s 6 0 0 sq u a r e f e e t o r l e s s , a n d i s co n t i g u o u s t o t h e p e r m i t t e d re t a i l o u t l e t Ou t d o o r S t o r a g e o f C o m m o d i t i e s o r Eq u i p m e n t a s s o c i a t e d w i t h a n a l l o w e d us e N N N N N N CU CU P T el e v i s i o n a n d R a d i o B r o a d c a s t i n g St u d i o N N N N N N N P P Wh o l e s a l e S t o r a g e a n d D i s t r i b u t i o n , in c l u d e s M a r i j u a n a W h o l e s a l e N N N N N N N S S De l i v e r i e s a n d s h i p m e n t s li m i t e d t o 7 a . m . - 9 p . m . wi t h i n 2 0 0 f e e t o f a re s i d e n t i a l z o n e In E - 1 a n d M - 1 z o n e s , ma r i j u a n a w h o l e s a l e i s ASHLAND LAND USE ORDINANCE 18.2.2.030 18.2-17 Ta b l e 1 8 . 2 . 2 . 0 3 0 . Us e s A l l o w e d b y Z o n e ( c o n t i n u e d ) R- 1 R- 1 - 3 . 5 R- 2 R- 3 RR WR C- 1 & C- 1 - D E- 1 M- 1 Sp e c i a l U s e S t a n d a r d s su b j e c t t o t h e s p e c i a l u s e st a n d a r d s i n S e c . 18 . 2 . 3 . 1 9 0 W re c k i n g , D e m o l i t i o n , a n d J u n k Y ar d s N N N N N N N N CU G. O t h e r U s e s T em p o r a r y T re e S a l e s N N N N N N P N N Al l o w e d f r o m N o v e m b e r 1 to J a n u a r y 1 T em p o r a r y U s e CU , e x c e p t u s e s l a s t i n g l e s s t h a n 7 2 h o u r s a r e s u b j e c t t o m i n i s t e r i a l r e v i e w , p e r S e c . 18 . 2 . 2 . 0 3 0 . H 1 KE Y : P = P e r m i t t e d U s e ; S = P e r m i t t e d w i t h S p e c i a l U s e S t a n d a r d s ; C U = C o n d i t i o n a l U s e P e r m i t R e q u i r e d ; N = N o t A l l o w e d . (O r d . 3 2 2 9 § 2, a m e n d e d , 1 2 / 1 9 / 2 0 2 3 ; O r d . 3 2 1 6 § 2, 3 , a m e n d e d , 0 3 / 1 5 / 2 0 2 3 ; O r d . 3 1 9 9 § 3, a m e n d e d , 0 6 / 1 5 / 2 0 2 1 ; O r d . 3 1 9 1 § 2, a m e n d e d , 1 1/ 1 7 / 2 0 2 0 ; O r d . 3 1 6 7 § 3, a m e n d e d , 1 2 / 1 8 / 2 0 1 8 ; O r d . 3 1 5 5 § 1, a m e n d e d , 0 7 / 1 7 / 2 0 1 8 ; O r d . 3 1 4 7 § 1, a m e n d e d , 1 1/ 2 1 / 2 0 1 7 ) 18.2.2.030 BASE ZONES AND ALLOWED USES 18.2-18 18.2.3.010 18.2.3.020 18.2.3.030 18.2.3.040 18.2.3.050 18.2.3.060 18.2.3.070 18.2.3.080 18.2.3.090 18.2.3.100 18.2.3.110 18.2.3.120 18.2.3.130 18.2.3.140 18.2.3.145 18.2.3.150 18.2.3.160 18.2.3.170 18.2.3.180 18.2.3.190 18.2.3.200 18.2.3.210 18.2.3.220 18.2.3.010 18.2.3.020 18.2.3.030 18.2.3.040 Chapter 18.2.3 SPECIAL USE STANDARDS Sections: Purpose. Applicability. Review Process. Accessory Residential Unit. Automobile and Truck Repair Facility. Bottling Plant, Cold Storage Facility, Creamery. Commercial Excavation and Removal of Earth Products. Commercial Laundry, Dry-cleaning, Dyeing, and Similar Uses. Cottage Housing. Drive-Up Use. Duplex. Dwelling in Historic District Overlay. Dwelling in Non-Residential Zone. Food Products Manufacture. Food Trucks and Food Carts. Home Occupation. Keeping of Livestock and Bees. Manufactured Home on Individual Lot. Manufactured Housing Developments. Marijuana-Related Uses. Multiple-Family Rental Unit Conversion to For-Purchase Units. Retail Uses Allowed in Railroad Historic District. Travelers’ Accommodations. Purpose Special uses included in chapter 18.2.3 are uses, which, due to their effect on surrounding proper- ties, must be developed in accordance with special conditions and standards. These special use stan- dards may differ from the development standards established for other uses in the same zone. Applicability Chapter 18.2.3 supplements the other require- ments of this ordinance. Uses designated as special uses (“S”) in Table 18.2.2.030, and uses the City determines to be similar to such uses, are subject to chapter 18.2.3. Some special use standards are contained in Table 18.2.2.030, and others have a corresponding section in this chapter. Where stan- dards differ between chapters 18.2.2 and 18.2.3, chapter 18.2.3 applies. Review Process The Staff Advisor or Planning Commission ap- plies the standards of chapter 18.2.3 through the applicable review process (i.e., Ministerial Re- view, Type I review, or Type II review). Site De- sign Review pursuant to chapter 18.5.2, or a Conditional Use Permit pursuant to chapter 18.5.4 may be required for some uses. Accessory Residential Unit Accessory residential units are permitted out- right with an approved building permit provided the accessory residential unit meets all of the fol- lowing requirements: A. The accessory residential unit is located in a residential zone including the R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones. B. One accessory residential unit is allowed per lot, and the maximum number of dwellings shall not exceed two per lot. C. Accessory residential units are not subject to the maximum density or minimum lot area re- quirements of the zone. D. Accessory residential units shall be included for the purposes of meeting minimum density cal- culation requirements for the R-2 and R-3 zones in subsection 18.2.5.080.C and for residential annex- ations in subsection 18.5.8.050.F. E. The proposal shall conform to the applicable dimensional standards in chapter 18.2.5, Standards for Residential Zones, including but not limited to lot coverage, setbacks, and building height. F. Size Requirements. 1. Single-Family Zones. In the R-1, R-1-3.5, RR, WR, and NN zones, the maximum gross hab- itable floor area (GHFA) of the accessory residen- tial unit shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 1,000 square feet GHFA. 2. Multiple Family Zones. In the R-2 and R-3 zones, the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the single- ASHLAND LAND USE ORDINANCE 18.2.3.040 18.2-19 18.2.3.050 18.2.3.060 18.2.3.070 18.2.3.080 family dwelling located on the same lot, and shall not exceed 500 square feet GHFA. 3. NM Zones. In the North Mountain Neigh- borhood NM zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and the second story accessory residential units con- structed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3199 § 4, amended, 06/15/2021; Ord. 3155 § 2, amended, 07/17/2018) Automobile and Truck Repair Facility Where automobile and truck repair facilities are allowed, they are subject to all of the following re- quirements. A. All cars and trucks associated with an au- tomobile or truck repair facility shall be screened from view from the public right-of-way by a total sight-obscuring fence. B. Automobile or truck repair facilities of three service bays or larger shall not be located within 200 feet of a residential zone. C. Auto body repair and/or painting shall not be located within 200 feet of a residential zone. D. Where a use includes auto body repair and/or painting, all objectionable odors associated with the use shall be confined to the lot, to the greatest extent feasible. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable per- son with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. E. The use shall comply with all requirements of the Oregon Department of Environmental Qual- ity. Bottling Plant, Cold Storage Facility, Creamery Where bottling plants, cold storage facilities, creameries, and similar uses are allowed, they are subject to all of the following requirements. A. All objectionable odors associated with the use shall be confined to the lot upon which the use is located to the greatest extend feasible. For the purposes of this provision, the standard for judg- ing "objectionable odors" shall be that of an aver- age, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. B. The use shall comply with all requirements of the Oregon Department of Environmental Qual- ity. Commercial Excavation and Removal of Earth Products Commercial excavation and removal of earth products are subject to all of the following require- ments. A. Before a Conditional Use Permit for the commercial excavation and removal of earth prod- ucts can be granted, plans and specifications show- ing the location of premises, grading plan, existing and proposed drainage, proposed truck access, and details of re-grading and re-vegetation of the site shall be submitted to and approved by, the Plan- ning Commission. B. Any deviation from plans approved by the Commission serves as grounds to revoke the Con- ditional Use Permit. C. In reviewing the application, the Commis- sion may consider the most appropriate use of the land, distances from property lines, the protection of pedestrians and vehicles, the prevention of the collection and stagnation of water at all stages of the operation, and the rehabilitation of the land upon termination of operation. D. The City may require a bond to ensure per- formance. E. Any expansion of a nonconforming com- mercial excavation shall require a Conditional Use Permit. An expansion is defined as removal of ad- ditional undisturbed topsoil or vegetation or oth- erwise enlarging the area that had been mined, commonly referred to as the quarry face or active quarry area. Commercial Laundry, Dry- cleaning, Dyeing, and Similar Uses Where commercial laundries, dry-cleaning, dyeing establishments, and similar uses are al- lowed, they are subject to the all of the following requirements. A. All objectionable odors associated with the use shall be confined to the lot upon which the use is located to the greatest extend feasible. For the 18.2.3.050 SPECIAL USE STANDARDS 18.2-20 18.2.3.090 purposes of this provision, the standard for judg- ing "objectionable odors" shall be that of an aver- age, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. B. The use shall comply with all requirements of the Oregon Department of Environmental Qual- ity. Cottage Housing A. Purpose and Intent. The purpose and intent of this chapter is to encourage innovative site plan- ning and variety in housing while ensuring com- patibility with established neighborhoods, and to provide opportunities for ownership of small de- tached single-family dwellings for a population di- verse in age, income, and household size. Where cottage housing developments are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all of the following require- ments. B. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to the approval criteria under subsection 18.5.2.050.E, Exception to the Site Development and Design Standards. C. Development Standards. Cottage housing developments shall meet all of the following re- quirements: 1. Cottage Housing Development Density. a. Density Calculation. The maximum permitted number of dwellings and minimum lot areas for cottage housing developments allowed under this section is provided in Table 18.2.3.090.C.1.a. Cottage housing developments are not eligible for density bonuses pursuant to subsection 18.3.9.050.B. Table 18.2.3.090.C.1.a. Cottage Housing Development Density Zones Maximum Cottage Density Minimum Number of Cottages per Cottage Housing Development Maximum Number of Cottages per Cottage Housing Development Minimum Lot Size (Accommodates Minimum Number of Cottages) Maximum Floor Area Ratio (FAR) R-1-5, NN-1-5, NM- R-1-5 1 cottage dwelling unit per 2,500 square feet of lot area 3 12 7,500 square feet 0.35 R-1-7.5, NM- R-1-7.5 1 cottage dwelling unit per 3,750 square feet of lot area 3 12 11,250 square feet 0.35 b. Duplexes. Duplexes are permitted in a cottage housing development if the total number of dwellings in the development is at or below the maximum cottage housing development density in subsection 18.2.3.090.C.1.a, above. 2. Building and Site Design. a. Maximum Floor Area Ratio. The com- bined gross floor area of all cottages and garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking carports, greenhouses, and common accessory structures are exempt from the maximum floor area calculation. b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages, within developments of four units or greater, shall be 800 square feet or less per unit. ASHLAND LAND USE ORDINANCE 18.2.3.090 18.2-21 At least two of the cottages within three-unit cot- tage housing developments shall have a gross hab- itable floor area of 800 square feet or less. The gross habitable floor area for any individual cot- tage unit shall not exceed 1,000 square feet. c. Height. Building height of all structures shall not exceed 18 feet. The ridge of a pitched roof may extend up to 25 feet above grade. d. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone outlined in Table 18.2.5.030.A. e. Building Separation. A cottage develop- ment may include two-unit attached, as well as de- tached, cottages. With the exception of attached units, a minimum separation of six feet measured from the nearest point of the exterior walls is re- quired between cottage housing units. Accessory buildings (e.g., carport, garage, shed, multipurpose room) shall comply with building code require- ments for separation from non-residential struc- tures. f. Fences. Notwithstanding the provisions of section 18.4.4.060, fence height is limited to four feet on interior areas adjacent to common open space except as allowed for deer fencing in subsection 18.4.4.060.B.6. Fences in the front and side yards abutting a public street and on the perimeter of the development shall meet the fence standards of section 18.4.4.060. 3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the pro- visions of chapter 18.3.9, Performance Standards Option and PSO Overlay, and part 18.4, Site De- velopment and Design Standards, cottage housing developments are subject to the following require- ments: a. Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate and construct a public street as required in section 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standards by providing public access for pedestrians and bicy- clists with an alley, shared street, or multi-use path connecting the public street to adjoining proper- ties. b. Driveways and Parking Areas. Drive- way and parking areas shall meet the vehicle area design standards of chapter 18.4.3. i. Parking shall be consolidated to min- imize the number of parking areas, and shall be located on the cottage housing development prop- erty. ii. Off-street parking can be located within an accessory structure such as a multi-auto carport or garage, but such multi-auto structures shall not be attached to individual cottages. Single- car garages and carports may be attached to in- dividual cottages. Uncovered parking is also permitted; provided, that off-street parking is screened in accordance with the applicable land- scape and screening standards of chapter 18.4.4. 4. Common Open Space. Common open space shall meet all of the following standards: a. A minimum of 20 percent of the total lot area is required as common open space. b. Common open space(s) shall have no dimension that is less than 20 feet unless otherwise granted an exception by the hearing authority. Connections between separated common open spaces, not meeting this dimensional requirement, shall not contribute toward meeting the minimum common open space area. c. Shall consist of a central space, or series of interconnected spaces. d. Physically constrained areas such as wetlands or steep slopes cannot be counted to- wards the common open space requirement. e. At least 50 percent of the cottage units shall abut a common open space. f. The common open space shall be dis- tinguished from the private open spaces with a walkway, fencing, landscaping, berm, or similar method to provide a visual boundary around the perimeter of the common area. g. Parking areas and driveways do not qualify as common open space. 18.2.3.090 SPECIAL USE STANDARDS 18.2-22 Figure 18.2.3.090. Cottage Housing Conceptual Site Plans 5. Private Open Space. Each residential unit in a cottage housing development shall have a pri- vate open space. Private open space shall be sepa- rate from the common open space to create a sense of separate ownership. a. Each cottage unit shall be provided with a minimum of 200 square feet of usable private open space. Private open space may include gar- dening areas, patios, or porches. b. No dimension of the private open space shall be less than eight feet. 6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units. a. Common Buildings. Up to 25 percent of the required common open space, but no greater than 1,500 square feet, may be utilized as a com- munity building for the sole use of the cottage housing residents. Common buildings shall not be attached to cottages. b. Carports and Garage Structures. Con- solidated carports or garage structures, provided per subsection 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. c. Nonconforming Dwelling Units. An ex- isting single-family residential structure built prior to December 21, 2017 (Ord. 3147), which may be nonconforming with respect to the standards of this chapter, shall be permitted to remain. Existing nonconforming dwelling units shall be included in the maximum permitted cottage density. One thousand square feet of the habitable floor area of such nonconforming dwellings shall be included in the maximum floor area permitted per subsec- tion 18.2.3.090.C.2.a. Existing garages, other ex- isting nonhabitable floor area, and the nonconforming dwelling’s habitable floor area in excess of 1,000 square feet shall not be included in the maximum floor area ratio. d. Accessory Residential Units. New ac- cessory residential units (ARUs) are not permitted in cottage housing developments, except that an existing ARU that is accessory to an existing non- conforming single-family dwelling may be counted as a cottage unit if the property is devel- oped subject to the provisions of this chapter. 7. Storm Water and Low-Impact Development. a. Developments shall include open space and landscaped features as a component of the pro- ject’s storm water low-impact development tech- niques including natural filtration and on-site infiltration of storm water. b. Low-impact development techniques for storm water management shall be used wher- ever possible. Such techniques may include the use of porous solid surfaces in parking areas and walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. c. Cottages shall be located to maximize the infiltration of storm water runoff. In this zone, cottages shall be grouped and parking areas shall be located to preserve as much contiguous, perma- nently undeveloped open space and native vege- tation as reasonably possible when considering all standards in this chapter. ASHLAND LAND USE ORDINANCE 18.2.3.090 18.2-23 18.2.3.100 8. Restrictions. a. The size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the property notifying future property owners of the size restriction. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3199 § 5, amended, 06/15/2021; Ord. 3191 § 3, amended, 11/17/2020; Ord. 3147 § 2, added, 11/21/2017) Drive-Up Use Where drive-up uses are allowed they are sub- ject to all of the following criteria. A. Drive-up uses are allowed only in the C-1 zone, and they are limited to the area east of a line drawn perpendicular to Ashland Street at the inter- section of Ashland Street and Siskiyou Boulevard. The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. B. Drive-up uses are subject to the following standards: 1. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be grounds for revocation of the approval. 2. All facilities providing drive-up service shall provide a waiting area to accommodate at least two customer vehicles outside of the queue immediately beyond the service window or pro- vide other satisfactory methods to allow customers requiring excessive waiting time to receive ser- vice. 3. A means of egress for vehicular customers who wish to leave the waiting line shall be pro- vided. 4. The grade of the stacking area to the drive- up shall either be flat or downhill to eliminate ex- cessive fuel consumption and exhaust during the wait in line. 5. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. 6. Sufficient stacking area shall be provided to ensure that public rights-of-way are not ob- structed. 7. The sound level of communications sys- tems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland Municipal Code regarding sound levels. 8. Drive-up uses may be transferred to an- other location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed one per location, even if the trans- ferred use had greater than one stall. 9. A ministerial Drive-Up Transfer permit shall be obtained for the transfer of any drive-up uses when such transfer is not associated with a Site Design Review or Conditional Use Permit ap- plication in order to document transfer of the use. 10. Drive-up uses discontinued without a Drive-Up Transfer permit shall be deemed to have expired after being unused for six months. Discon- tinuation of a drive-up use is considered to have occurred when the Staff Advisor documents the drive-up use as having ceased on site through a planning application review, or upon on-site veri- fication. 11. All components of a drive-up use shall be removed within 60 days of discontinuation of the use through abandonment, transfer, relocation, or redevelopment. C. Drive-up uses are prohibited in the Historic District Overlay except that the four existing non- conforming financial institution drive-up uses in operation in the Historic District Overlay as of Au- gust 7, 2012 may redevelop or relocate within the C-1 and C-1-D zones in the Historic District Over- lay subject to the following additional require- ments: 1. Relocation or redevelopment of a drive-up use within the C-1 or C-1-D zones in the Historic District Overlay shall be subject to Site Design Re- view in chapter 18.5.2 through a Type II procedure in section 18.5.1.060. 2. Relocated or redeveloped drive-up uses shall be placed on a secondary building elevation, and accessed for an alley or driveway. 3. Driveways serving relocated or redevel- oped drive-up uses shall not enter from or exit to a higher order street frontage or through a primary building elevation. Driveways or queuing lanes shall not be placed between a building and the right-of-way other than an alley. 4. No demolition of or exterior change to a building considered to be a historic resource shall be permitted to accommodate the relocation or re- development of a drive-up use. 18.2.3.100 SPECIAL USE STANDARDS 18.2-24 18.2.3.110 18.2.3.120 18.2.3.130 5. Regardless of the number of drive-up win- dows/lanes in use in the current location, with a re- location or remodel the number of windows/lanes shall be reduced to one. (Ord. 3229 § 3, amended, 12/19/2023) Duplex Duplexes are permitted outright with an ap- proved building permit provided the duplex meets all of the following requirements: A. The duplex is located in a residential zone including the R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones. B. One duplex is allowed per lot and the max- imum number of dwellings shall not exceed two per lot. C. Duplexes are not subject to the maximum density or minimum lot area requirements of the zone, except that duplexes in a cottage housing de- velopment shall meet the density requirements of subsection 18.2.3.090.C. D. Duplexes shall be included for the purposes of meeting minimum density calculation require- ments for the R-2 and R-3 zones in subsection 18.2.5.080.C and for residential annexations in subsection 18.5.8.050.F. E. The proposal shall conform to the applicable dimensional standards in chapter 18.2.5, Standards for Residential Zones, including but not limited to lot coverage, setbacks, and building height, ex- cept that nonconforming structures meeting the re- quirements of section 18.1.4.030, Nonconforming Structures, may be converted to a duplex. F. Parking spaces shall meet the vehicle area design requirements of section 18.4.3.080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.1 and 2 and paving requirements in subsection 18.4.3.080.E.1. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3199 § 6, amended, 06/15/2021) Dwelling in Historic District Overlay Dwellings in the Historic District Overlay are subject to all of the following requirements: A. Manufactured homes are prohibited. B. Dwellings located in residential zones shall conform to the maximum permitted floor area standards of section 18.2.5.070, except that dwellings exceeding the maximum permitted floor area are allowed subject to approval of a Condi- tional Use Permit under chapter 18.5.4. C. Notwithstanding the height standards of the R-1 zone, structures within the Historic Overlay shall not exceed a height of 30 feet. D. Retail commercial uses in a dwelling unit within the Railroad Historic Overlay are subject to approval of a Conditional Use Permit under chapter 18.5.4 and shall conform to the standards of section 18.2.3.210. (Ord. 3167 § 4, amended, 12/18/2018) Dwelling in Non-Residential Zone Where dwellings are allowed in non-residential zones, they are subject to all of the following re- quirements: A. Dwellings in the E-1 zone are limited to the R-Overlay zone. See chapter 18.3.13 Residential Overlay. B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards, except that dwellings developed under the Transit Triangle (TT) Overlay option are not subject to this subsec- tion. See section 18.3.14.040 for the allowed uses in the TT overlay. 1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. 2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30 dwelling units per acre in the C-1 zone, and 60 dwelling units per acre in the C-1-D zone. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying zone. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3167 § 5, amended, 12/18/2018) ASHLAND LAND USE ORDINANCE 18.2.3.130 18.2-25 18.2.3.140 18.2.3.145 Food Products Manufacture In the E-1 zone, the manufacture of food prod- ucts is subject to all of the following requirements. A. The use shall not include the rendering of fats or oils. B. Where the use is located within 200 feet of a residential zone, it shall meet all of the following requirements. 1. All objectionable odors associated with the use shall be confined to the lot upon which the use is located, to the greatest extent feasible. For the purposes of this provision, the standard for judging “objectionable odors” shall be that of an average, reasonable person with ordinary sensibil- ities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. Odors that are in violation of this section include but are not limited to the fol- lowing. a. Odors from solvents, chemicals, or toxic substances. b. Odors from fermenting food products. c. Odors from decaying organic sub- stances or human or animal waste. 2. Mechanical equipment shall be located on the roof or the side of a building with the least exposure to residential zones. Provided, however, that it may be located at any other location on or within the structure or lot where the noise emanat- ing from the equipment is no louder, as measured from the nearest residential zone, than if located on the side of the building with least exposure to residential zones. Mechanical equipment shall be fully screened and buffered. Food Trucks and Food Carts Where food trucks and food carts are allowed they are subject to the following requirements: A. Within the Detail Site Review overlay zone as described in section 18.4.2.040.C, outdoor eat- ing areas and food vendors are among the required elements of the Detail Site Review Plaza Space Standards (section 18.4.2.040.D.2). Where food trucks, food carts, and associated outdoor eating areas can operate within existing approved plaza space without alteration of the existing site plan, a food vendor must obtain a ministerial food truck permit but no further land use approval is required. B. Within the C-1, CM-NC, CM-MU, CM-OE, CM-CI, E-1, HC, M-1, NM-C, and NN-1-3.5-C zones, food trucks and food carts may operate within existing private parking lots where there are at least five off-street parking spaces in place, the existing approval did not include mixed use or joint use parking credits, and no more than 20 percent of the required off-street parking spaces are proposed to be used by food trucks and food carts. Food truck, food cart, and associated acces- sory item placment shall not interfere with vehicu- lar or pedestrian circulation on site. A food vendor must obtain a ministerial food truck permit but no further land use approval is required. C. Within the C-1-D zone, the operation of a food truck or food cart requires a conditional use permit under chapter 18.5.4. D. No more than three food trucks or food carts may be approved on a single property under a min- isterial food truck permit. E. Food truck courts or pods, or the operation of food trucks and food carts on private property outside of existing parking areas or approved plaza space, require site design review approval under chapter 18.5.2. F. Short-term operation of a food truck or food cart outside of the parameters of subsections A and B above may be permitted as a short-term event pursuant to section 18.2.2.030.H.2. G. Ministerially approved food trucks and food carts are not permitted to operate within public rights-of-way. H. Food truck vendors shall obtain a business license, food truck permit, register for and pay ap- plicable food and beverage tax, and receive any requisite inspections from the Building and Fire Departments and the Jackson County Environ- mental Public Health Department. Approved City and County permits shall be displayed on the food truck or food cart, and the food truck vendor is re- sponsible for compliance with all permit require- ments. I. Utilities. Food truck vendors must provide their own water. Wastewater must be disposed of in an approved location. Connections to temporary power are permitted. If generators are used, they shall comply with the noise regulations in chapter 9.08. J. Signage. Signage shall be limited to any sig- nage on the food truck or cart and one portable business sign (sandwich board or A-frame) which 18.2.3.140 SPECIAL USE STANDARDS 18.2-26 18.2.3.150 shall be removed when the food truck or cart is not in operation. Portable business signs shall not be placed within the public rights-of-way. K. Trash and Recycling. Food truck vendors shall provide trash and recycling containers within ten feet of the truck or cart during operations, and any trash related to the food vendor within 50 feet not placed in the containers shall be re- moved by the vendor at the end of the day. Trash and recycling containers shall be removed from the premises when the food truck is not in opera- tion. L. Duration. A food truck shall not remain on a property for more than five consecutive days. M. Polystyrene Foam. Food truck vendors shall be subject to the prohibition on the use of polystyrene foam food packaging in chapter 9.20. (Ord. 3216 § 4, added, 03/15/2023) Home Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not nec- essarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by con- ventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. B. Conduct of Home Occupation – Standards. Home occupations are permitted pur- suant to the following standards. Where a home occupation use does not comply with one or more of the following requirements, the Staff Advisor may find the subject use is no longer permitted. 1. Appearance of Residence. a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business. b. The home occupation shall not result in any structural alterations or additions to the dwelling or accessory structure that will change its primary use. c. No display of products and or equip- ment produced or used by the home occupation may be displayed so as to be visible from outside the dwelling or accessory structure. 2. Storage. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited. c. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3. Employees. a. Other than family members residing within the dwelling located on the home occupa- tion site, there shall be no more than one full time equivalent employee, and no more than one em- ployee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be em- ployed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, in- cluding dispatch to other locations. 4. Advertising and Signage. No signs shall be permitted on a home occupation site. 5. Automobiles, Parking, and Traffic. a. One commercial automobile associated with the home occupation is allowed at the home occupation site. Such automobile shall be of a size that would not overhang into the public right-of- way when parked in the driveway or other location on the home occupation site. b. There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p.m. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m. c. There shall be no more than one client or customer's automobile at any one time and no more than eight per day at the home occupation site. ASHLAND LAND USE ORDINANCE 18.2.3.150 18.2-27 18.2.3.160 6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only. C. Prohibited Uses. The following uses are prohibited as home occupations. 1. Any activity that produces radio or televi- sion interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by lo- cal, state, or federal standards. 2. Any activity involving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson books or sheet music for music teachers, or computer software for computer consultants. 3. Any of the following uses, and uses with similar objectionable impacts because of automo- bile traffic, noise, glare, odor, dust, smoke, or vi- bration. a. Ambulance service. b. Ammunition or firearm sales. c. Ammunition reloading business. d. Animal hospital, veterinary services, kennels, or animal boarding. e. Auto and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of mo- torized vehicles, boats, recreational vehicles, or large equipment on-site. g. Marijuana-related business. D. Permit Required – Application. 1. No person shall conduct a home occupa- tion without first obtaining a home occupation per- mit from the Planning Department and a valid business license as required under AMC title 6. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business, and the manner in which it will be conducted. If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Ad- visor shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the busi- ness to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a home occupation permit un- der this chapter shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances, or other laws gov- erning the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 15.04, the fire code stan- dards defined in AMC 15.28, or any private re- strictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and with reasonable notice. Keeping of Livestock and Bees Where the keeping of livestock is allowed, it shall meet all of the following requirements. A. Lot Size. No livestock shall be kept on any lot less than one acre in area, except as provided for micro-livestock by subsection 18.2.3.160.E, below. B. Structures. Livestock enclosures and struc- tures, including barns, stables, chicken coops and runs, rabbit hutches, goat barns, and other struc- tures, shall be in compliance with subsection 18.2.5.040.D, the ordinance codified in this sec- tion and with all applicable building codes. C. Number of Livestock. Not more than two head of livestock over the age of six months may be maintained per acre, except as provided for mi- cro-livestock by subsection 18.2.3.160.E, below. D. Swine. The keeping of swine is prohibited, except as provided for in AMC 9.08.040. E. Micro-livestock. Micro-livestock, including chickens, domestic fowl, turkeys, rabbits, and miniature goats may be kept or maintained pro- vided each of the following requirements is con- tinuously met. 1. Total Number. The total number of all mi- cro-livestock, including both adult and juvenile animals, that may be kept or maintained on any single property shall be limited to no more than ten animals on properties of 5,000 square feet or less, and no more than two additional animals for each 1,000 square feet of lot area in excess of 5,000 square feet, up to a maximum of 20 animals. 2. Age of livestock. For the purposes of this section, “adult” means over six months of age, and “juvenile” means six months of age and under. 3. Chickens and Domestic Fowl. For pur- poses of this section, “domestic fowl” means 18.2.3.160 SPECIAL USE STANDARDS 18.2-28 quails, pheasants, pigeons, doves, and Muscovy ducks (Cairina moschata). a. No more than five adult chickens or do- mestic fowl and five juvenile chickens or domestic fowl shall be kept or maintained on properties of 5,000 square feet or less. b. No more than one adult chicken or do- mestic fowl and one juvenile chicken or domestic fowl for each 1,000 square feet of lot area shall be kept or maintained on properties greater than 5,000 square feet. c. No more than two adult turkeys and two juvenile turkeys shall be kept or maintained on properties less than one acre. d. Rooster, geese, and peacocks are pro- hibited. 4. Rabbits. No more than six adult rabbits shall be kept or maintained on properties of less than one acre. a. Nursing offspring born to permitted adult rabbits may be kept until such animals are weaned. b. Rabbits shall be kept in a hutch or fenced enclosure. 5. Miniature Goats. For purposes of this chapter “miniature goats” are those goats com- monly known as pygmy, dwarf, and miniature goats weighing less than 95 pounds at full size, and shall be limited as follows. a. No more than two adult miniature goats shall be kept or maintained on properties of less than one acre. b. Nursing offspring born to permitted adult miniature goats may be kept until such ani- mals are weaned. c. Solitary miniature goats are prohibited. d. Male miniature goats shall be neutered. 6. Secure Enclosure. Micro-livestock must be secured at all times. A secure enclosure shall be provided to protect micro-livestock from predators and to provide shelter from the weather. 7. Maintenance. The areas in which micro- livestock are kept must be maintained to protect public health in compliance with AMC 9.08.060 and the following requirements. a. Animal feed must be kept in rodent and raccoon-proof containers. b. Animal manure must be collected, stored, and removed from the property on a regular basis in accordance with all of the following re- quirements. i. All stored manure shall be within a non-combustible, air-tight container, and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles. ii. No more than one 20-gallon con- tainer of manure shall be stored on any one prop- erty housing micro-livestock. iii. All manure not used for composting or fertilizing shall be removed. 8. Noise. Noise resulting from the keeping or maintaining of micro-livestock must not exceed the limits set forth in AMC 9.08.170. 9. Multi-family Development. Micro-live- stock are allowed on properties containing multi- family complexes, including duplexes provided all of the following are continuously met. a. The property owner or designated prop- erty manager has provided written notification to all residents of the multi-family complex and to the City, verifying the keeping of animals on the property will comply with the requirements of this chapter. Written notification shall include the fol- lowing: i. Property owner, property manager or home owner association representative contact in- formation including the name, address, and phone number(s). ii. Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the animal area and maintenance. Contact information shall include the name, address, and phone number of the re- sponsible party. iii. The City requirements of the keep- ing of micro-livestock including the maximum number and type of animals permitted on the sub- ject property and maintenance requirements per this chapter. b. The area in which micro-livestock are kept shall be continuously maintained regardless of any change of building tenancy or property ownership. 10. Sale of Goods. In residential zones, mi- cro-livestock shall be kept primarily for personal use. Sale of surplus eggs, honey, or similar animal products produced by on-premises micro-livestock is permitted in compliance with applicable licens- ASHLAND LAND USE ORDINANCE 18.2.3.160 18.2-29 18.2.3.170 ing and inspection requirements of the Oregon De- partment of Agriculture. F. Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs or containers of any kind or character wherein bees are hived is subject to all of the following requirements. 1. Registration with the city is required to keep beehives within the city limits and the Com- munity Development Director shall provide a bee- keeping registration process. 2. No more than three bee colonies shall be kept or maintained on properties of less than one acre. 3. No more than five bee colonies shall be kept or maintained on properties of one acre or greater. 4. Bee colonies shall be kept in hives with re- movable frames, which shall be kept in sound and usable condition. 5. For each colony permitted to be main- tained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one stan- dard 9-5/8 inch depth ten-frame hive body. 6. In each instance where a colony is kept less than 25 feet from a property line, a flyway bar- rier at least six feet in height shall be maintained parallel to the property line for a minimum of ten feet in either direction of the hive. The flyway bar- rier may consist of a wall, fence, dense vegetation, or a combination thereof, such that bees will fly over rather than through the material to reach the colony. 7. A constant supply of fresh water shall be provided for the colonies on site within 15 feet of each hive. 8. Each beekeeper shall ensure that no wax comb or other material that might encourage rob- bing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed con- tainers or placed within a building or other insect proof container. 9. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. 10. The sale of surplus honey or bee’s wax produced on site shall be permitted on the property where the keeping of bees is permitted. 11. Africanized bees are prohibited. G. Minimum Care Requirements. The ap- plicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. H. Violations. Keeping of animals is a Class III violation. (Ord. 3155 § 3, amended, 07/17/2018) Manufactured Home on Individual Lot Manufactured dwellings relocated into the City shall conform to City standards. Manufactured homes are permitted on individual lots, subject to all of the following design standards. A. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet. B. Roof. The manufactured home shall have a pitched roof with a slope not less than 3 feet in height for each 12 feet in width (14 degrees). C. Residential Building Materials. The man- ufactured home shall have exterior siding and roofing which in color, material, and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., hori- zontal wood or wood-appearance siding is consid- ered “superior” to metal siding and roofing). D. Garages and Carports. If the manufac- tured home has a garage or carport, the garage or carport shall be constructed of materials like those used on the house. E. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equiva- lent to those for a single-family dwelling con- structed under the building code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards, or equivalent standard, is deemed to satisfy the ex- terior thermal envelope certification requirement. F. Placement. The manufactured home shall be placed on an excavated and back-filled foun- dation and enclosed at the perimeter such that it complies with the applicable building code re- quirements, including the height above grade, and the minimum set-up standards of the adopted state 18.2.3.170 SPECIAL USE STANDARDS 18.2-30 18.2.3.180 Administrative Rules for Manufactured Dwellings, OAR 918. G. Floodplain. Manufactured homes shall comply with chapter 18.3.10 Physical and Envi- ronmental Constraints. H. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood, or vinyl siding, or other materials, pursuant to applicable building codes. I. Design Features. The manufactured home shall incorporate at least two of the single-family design features in section 18.2.5.090. J. Prohibited. The manufactured home shall not be located in a designated historic district. Manufactured Housing Developments A. Purpose. The purpose of this section is to encourage the most appropriate use of land for manufactured housing development purposes, to encourage design standards which will create pleasing appearances, to provide sufficient open space for light, air, and recreation, to provide ad- equate access to manufactured housing sites, and to refer minimum utility service facilities to appro- priate City codes. B. General Provisions. 1. Manufactured housing development may be located or relocated only in R-1-3.5 and R-2 zones. 2. No manufactured housing developments may be located, relocated, or increased in size or number of units within any other zone. 3. No manufactured housing developments may be located within the Historic District Over- lay. 4. Manufactured housing developments shall be subject to regulations of this chapter and shall be located only on sites approved for use under the provisions of such chapter. No person shall estab- lish, operate, manage, maintain, alter, or enlarge any manufactured housing development contrary to the provisions of this ordinance. 5. In addition to the requirements of this chapter, all manufactured housing developments shall conform to the regulations of ORS 446, to- gether with such administrative rules as may be adopted from time to time, except where such reg- ulations are exceeded by the requirements of this chapter, in which case the more stringent require- ments shall apply. C. Procedure for Approval. The procedure for approving a manufactured home development is the same as for the Performance Standards Op- tion (Outline Plan and Final Plan), pursuant to chapter 18.3.9. D. Manufactured Housing Development Design Standards. 1. Minimum Court Size. A manufactured housing development shall occupy a site of not less than one acre in size. 2. Density. The maximum density permitted shall be eight manufactured housing units per acre of developed court area. Manufactured housing which is 14 feet wide or less, or which is less than 800 square feet in size will count as 0.75 units for this calculation. 3. Manufactured Housing Sites or Lots. All manufactured housing sites or lots must be at least 2,000 square feet in size, at least 35 feet wide, and at least 40 feet deep. 4. Lot Coverage. Maximum lot coverage of any individual manufactured housing lot or site shall be 65 percent in the R-2 zone and 55 percent in the R-1-3.5 zone. In addition, the general lot coverage requirements of the parent zone shall also be complied with for the entire project site. 5. Setbacks. a. Exterior Setbacks. Manufactured hous- ing sites along the exterior boundary of the court shall have the same setbacks as required in the par- ent zone, and no less than a minimum of five feet from a property boundary line. b. Interior Front Yard Setbacks. There shall be a front yard on each manufactured home lot or space of at least ten feet. c. Interior Side and Rear Yard Setbacks. There shall be side or rear yards of at least five feet. There shall be a minimum separation of ten feet between manufactured housing units. 6. Street Standards. Public streets shall com- ply with the design standards contained in chapter 18.4.6. Private streets shall be a minimum of 20 feet in width, and constructed to the same stan- dards as specified for an alley. A private street may be a dead-end street no more than 300 feet in depth from a higher order road. Adequate turn- ASHLAND LAND USE ORDINANCE 18.2.3.180 18.2-31 around shall be provided according to standards established by the Planning Commission. 7. Sidewalk Standards. Every manufactured housing development shall have a permanent pedestrian walkway at least 48 inches wide con- necting all manufactured housing units to public or private streets, common open spaces, parks, and commonly owned buildings and facilities. 8. Utilities. Provisions for electric, water, and sanitary service shall be made in accordance with established City procedures and law, includ- ing number, size, quality, and location of fixtures, connections, and facilities. Telephone and electric lines shall be placed underground. 9. Landscaping. a. All areas of the development not occu- pied by paved roadways, pathways, parking areas, or not occupied by other facilities shall be land- scaped. Areas that contain significant natural veg- etation may be left in a natural state, if approved on the final landscaping plans. b. Manufactured housing developments located in an R-1-3.5 zone shall have 45 percent of the entire site landscaped. Developments located in the R-2 zone shall have 35 percent of the entire site landscaped. 10. Fencing. Fencing shall comply with all fencing requirements as per section 18.4.4.060. 11. Common Open Space. All developments are required to provide a minimum of five percent of the total lot area in common open space. 12. Play Area. If the manufactured housing development accommodates children less than 14 years of age, a separate general play area a min- imum of 2,500 square feet in size, or 100 square feet of play area per unit, whichever is greater, shall be provided. E. Manufactured Housing Unit Standards. All manufactured housing units located in ap- proved manufactured housing developments shall comply with all of the following requirements. 1. Manufactured housing units shall be a minimum of 650 square feet in size. 2. Manufactured housing units shall be at least 12 feet wide. 3. Manufactured housing units shall have the Oregon Department of Commerce “Insignia of Compliance.” The Building Official shall inspect the manufactured housing unit and occupancy shall be approved only if the Building Official has determined that the manufactured housing unit has a valid insignia of compliance and has not deterio- rated beyond an acceptable level of compliance. 4. Manufactured housing units shall be placed on permanent foundations, with wheels and hitches removed, be fully skirted or bermed, and shall have no uncovered openings except for vents of sufficient strength to support the loads imposed by the manufactured housing unit, based on ac- cepted engineering design standards, as approved by the Building Official. 5. Manufactured housing units shall be pro- vided with City water, sewer, electricity, tele- phone, and storm drainage, with easements dedicated where necessary. 6. Manufactured housing units shall comply with the thermal envelope requirements for heat loss required by the building code for single-fam- ily detached homes. 7. Manufactured housing units shall have a deck or patio area adjacent to the home. The deck or patio shall be constructed of a permanent mate- rial and shall be at least 80 square feet in size, with a minimum width of eight feet in its least dimen- sion. 8. Notwithstanding the above, any manufac- tured home legally located within the Ashland Ur- ban Growth Boundary prior to July 1, 1990, may be relocated to an approved manufactured home development, subject to a fire and life safety in- spection by the Building Official. F. Storage and Temporary Occupancy of Manufactured Homes. 1. A no-charge permit from the Staff Advisor is required for the storage of any manufactured housing unit on the home premises of the owner for any length of time when not used for living purposes; provided, however, that all units so stored shall abide by the yard requirements for ac- cessory buildings in this chapter. 2. No manufactured housing unit shall be stored on a public street except for temporary ma- neuvering purposes. 3. For temporary occupancy of a manufac- tured housing unit, see subsection 18.2.2.030.H.3. G. Nonconforming Manufactured Housing Developments. Notwithstanding the provisions of chapter 18.1.4, Nonconforming Situations, manu- 18.2.3.180 SPECIAL USE STANDARDS 18.2-32 18.2.3.190 factured housing development and an individual manufactured housing unit utilized for living pur- poses on the effective date of this ordinance or of amendments thereto, which do not conform to the regulations of this chapter, shall be deemed to be nonconforming and may be continued, subject to the following regulations: 1. Routine maintenance and repairs may be performed within the manufactured housing devel- opment or upon individual manufactured housing units. 2. No nonconforming manufactured housing development shall be enlarged, remodeled, or modernized except in conformance with all re- quirements of this chapter, except that an area of less than two acres for a development to be en- larged, remodeled, or modernized may be ap- proved through the conditional use permit procedure contained in this ordinance. 3. No manufactured housing unit shall be lo- cated on the site of, or substituted for, a noncon- forming manufactured housing unit, the use of which has been discontinued, except within a man- ufactured housing development holding a certifi- cate of sanitation issued by the Board of Health, State of Oregon, issued prior to the effective date of this chapter. Relocation of existing units within the Ashland Urban Growth Boundary is exempted as provided in subsection 18.2.3.180.E.8. 4. If a nonconforming manufactured housing development holding a certificate of sanitation is- sued by the Board of Health, State of Oregon, ceases operation for a period of six months or more, said development shall be considered aban- doned and shall be reinstituted only in confor- mance with the requirements of this chapter. H. Special Conditions. For the mitigation of adverse impacts, the City may impose conditions, including, but not limited to, requiring view-ob- scuring shrubbery, walls, or fences, and requiring retention of specified trees, rocks, water ponds or courses, or other natural features. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3191 § 4, amended, 11/17/2020) Marijuana-Related Uses A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is al- lowed, it shall meet all of the following require- ments. See definition of homegrown marijuana cultivation in part 18.6. 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that same property must be the primary residence of the res- ident grower. 2. Related Activities. Any drying, keeping, storage, or processing of homegrown marijuana shall be located inside the dwelling unit or an ac- cessory structure and shall not be located outdoors. 3. Homegrown marijuana cultivation and any related activities must meet all applicable Ore- gon Revised Statutes and Oregon Administrative Rules. 4. Outdoor Cultivation. Up to four marijuana plants per lot for recreational marijuana or up to six marijuana plants per lot for medical marijuana are allowed to be grown outdoors in accordance with applicable Oregon Revised Statutes and Ore- gon Administrative Rules including the require- ment to obtain and display a medical marijuana grow site registration card in ORS 475.320(2)(B)(d). Outdoor homegrown marijuana cultivation shall meet all of the following require- ments: a. Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, common open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b. Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be se- cured at all times to prevent unauthorized access. For fence and wall design requirements, see sec- tion 18.4.4.060. c. Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards in- cluding Table 18.2.3.190.4.c. i. Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellings in the same multifamily development. ASHLAND LAND USE ORDINANCE 18.2.3.190 18.2-33 ii. Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.190.4.c. Outdoor Cultivation Dimensional Standards for Homegrown Marijuana1 Number of Marijuana Plants per Lot2 Maximum Cultivation Area Allowed per Lot3 Maximum Marijuana Plant Height4 Minimum Setback from Any Property Line Minimum Setback from Dwellings on Adjoining Properties5 6 or fewer plants 50 square feet 10 feet 10 feet 20 feet 1 Contiguous lots under single ownership shall be considered one lot for the purpose of calculating the dimensional standards for homegrown marijuana. 2 Up to four plants for recreational marijuana or six plants for medical marijuana may be grown outdoors. 3 All parts of marijuana plants that are visible above the ground level shall be contained within the perimeter of the cul- tivation area. Where plants are located separately, the combined total of the individual cultivation areas shall not exceed the maximum cultivation area. 4 Marijuana plants shall not exceed ten feet in height from the top of the average surrounding grade. 5 Marijuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. d. Multi-Family Development. Home- grown marijuana may be cultivated outdoors on a lot containing multi-family dwellings in con- formance with the requirements of subsection 18.2.3.190.A and provided all of the following re- quirements are met: i. The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of mari- juana plants will comply with the requirements of subsection 18.2.3.190.A. The written notification shall include the following information: (A) Property owner, property man- ager, or homeowners association representative contact information including the name, address, and phone number(s). (B) Contact information for an on- site resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, ad- dress, and phone number of the responsible party. (C) The City requirements for the outdoor cultivation of marijuana including the maximum number of plants per lot and the require- ments of subsection 18.2.3.190.A. 5. Indoor Cultivation. a. Building Code. Any structure, acces- sory structure, electrical service, plumbing, or me- chanical equipment (e.g., lighting, fans, heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code require- ments and obtain all required building permits prior to installation. See section 18.2.5.040, Ac- cessory Buildings and Structures. b. Light and Glare. Shield lighting sys- tems and use window coverings to confine light and glare from light systems associated with in- door cultivation to the interior of the structure. c. No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or unin- habited dwelling units shall not be used for mari- juana cultivation. B. Marijuana-Related Businesses. 1. Marijuana-related businesses may require Site Design Review under chapter 18.5.2 or a Con- ditional Use Permit under chapter 18.5.4. See Table 18.2.2.030, Uses Allowed by Zone, for zones where marijuana-related businesses are al- lowed. See definition of marijuana-related busi- nesses in part 18.6. Marijuana-related businesses shall meet all of the following requirements: 18.2.3.190 SPECIAL USE STANDARDS 18.2-34 a. The business must be located in a per- manent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor mari- juana production, cultivation, and storage of mer- chandise, raw materials, or other material associated with the business are prohibited. b. Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design Review approval if required by section 18.5.2.020. Security bars or grates on win- dows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business’s exterior refuse containers. d. Light and Glare. Shield lighting sys- tems and use window coverings to confine light and glare from light systems associated with in- door cultivation so as to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e. Building Code. Any structure, acces- sory structure, electrical service, plumbing, or me- chanical equipment (e.g., lighting, fans, heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building permits prior to instal- lation. f. Methodology for Measuring Separation Requirements. The following methodology shall be used for marijuana-related businesses that are required to be separated by a specific distance (i.e., marijuana production facility, marijuana wholesale facility, marijuana retail outlet). For the purposes of determining the distance between a marijuana- related business and another marijuana-related business, “within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved mar- ijuana-related business to the closest point any- where on the premises of a proposed marijuana-related business of the same type. If any portion of the premises of a proposed mari- juana-related business is within 1,000 feet of an approved marijuana-related business of the same type, it may not be approved. For the purpose of this section, premises is all public and private en- closed areas within a building at the location that are used in the business operation, including of- fices, kitchens, restrooms, and storerooms. g. The property owner shall record a dec- laration which waives any claim or right to hold the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its ap- proval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agree not to unreasonably disobey the City’s order to halt or suspend business if state or federal authorities order or otherwise subject the City to enforcement to comply with laws in con- tradiction to the continued operations of the busi- ness as permitted under section 18.2.3.190. h. A marijuana-related business must ob- tain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the stan- dards described in subsection 18.2.3.190.B.1, above, marijuana laboratories, processing, produc- tion, and wholesale shall meet the following re- quirements as applicable. See definition of marijuana processing and production in part 18.6. a. Marijuana laboratories, processing, pro- duction, and wholesale shall be located 200 feet or more from residential zones. b. Marijuana Production. i. Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot. ii. A marijuana production facility shall be located more than 1,000 feet from another mar- ijuana production facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana-related businesses. c. Marijuana Wholesale. A marijuana wholesale facility shall be located more than 1,000 feet from another marijuana wholesale facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between mari- juana-related businesses. 3. Marijuana Retail Sales. In addition to the standards described above in subsection ASHLAND LAND USE ORDINANCE 18.2.3.190 18.2-35 18.2.3.200 18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See definition of mar- ijuana retail sales in part 18.6. a. Location. i. Marijuana retail sales are allowed if located on a property with a boundary line adja- cent to a boulevard. ii. Marijuana retail sales, except as al- lowed above in subsection 18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4. iii. Marijuana retail sales are not permit- ted in the Downtown Design Standards Zones. iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another mar- ijuana retail sales outlet. Medical and recreational marijuana retail sales do not need to be separated by 1,000 feet if located together in one building if the configuration meets all applicable Oregon Re- vised Statutes and Oregon Administrative Rules. No more than two registrations or licenses issued by the State of Oregon (e.g., a medical dispensary registration and a recreational sales license) may be located in one building. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana-related businesses. b. Drive-up Use. The marijuana retail sales outlet must not include a drive-up use. (Ord. 3191 § 5, amended, 11/17/2020) Multiple-Family Rental Unit Conversion to For-Purchase Units A. Section 18.2.3.200 applies to existing mul- tiple-family rental units, which, for the purpose of this section, are defined as dwelling units de- signed to house multiple households within one or more structures on a single property that were con- structed and occupied prior to November 3, 2007 (Ord. 2942). B. Multifamily rental units constructed after November 3, 2007, are not subject to the provi- sions of this section. C. Conversion of existing multiple-family dwelling rental units into for-purchase units, in- cluding the demolition of existing multiple-family dwelling rental units, is subject to the following: 1. Existing multiple-family dwelling struc- tures may be converted from rental units to for- purchase housing, where all or only a portion of the structure is converted, as set forth in Table 18.2.3.200.C.1, provided the existing structure meets the following regulations of the applicable zone: permitted density, yard requirements, maxi- mum height, maximum lot coverage, open space, maximum permitted floor area, waste enclosures, and bike storage. Table 18.2.3.200.C.1. Conversion of Multiple-Family Rental Units to For-Purchase Units Number of Dwelling Units on Tax Lot Market Rate Ownership Affordable Ownership (per Sec. 18.2.5.050) Market Rate Rentals Affordable Rentals (per Sec. 18.2.5.050) 2-4 100% 0% 0% 0% 5-12 75% 0% 25% 0% 13-24 50% 0% 50% 0% 25-48 25% 0% 75% 0% 49+ 0% 0% 100% 0% 2. Where an existing multiple-family dwelling structure does not meet the regulations of the applicable zone, as listed in subsection 18.2.3.200.C.1, rental units may be converted to 18.2.3.200 SPECIAL USE STANDARDS 18.2-36 for-purchase units, as set forth in Table 18.2.3.200.C.2 and the standards below: a. Conversion of existing multiple-family structures to for-purchase housing shall comply with the following general regulations and the site development and design standards in part 18.4: number of bike parking spaces, trash, and recy- cling enclosures. b. Conversion of existing multiple-family structures to for-purchase housing shall demon- strate that there are adequate public facilities and public services available to serve the development, including but not limited to water, sewer, electric, fire protection, and storm drainage. c. Conversion of existing multiple-family structures to for-purchase housing shall improve the street frontage to meet the adopted applicable design standards of this ordinance, including land- scaping, sidewalks and street trees, pursuant to part 18.4. Table 18.2.3.200.C.2. Conversion of Nonconforming Multifamily Dwelling Rental Units to For-Purchase Units Number of Dwelling Units on Tax Lot Market Rate Ownership Affordable Ownership (per Sec. 18.2.5.050) Market Rate Rentals Affordable Rentals (per Sec. 18.2.5.050) 2-4 75% 25% 0% 0% 5-12 56.25% 0% 25% 18.75% 13-24 37.50% 0% 50% 12.50% 25-48 18.75% 0% 75% 6.25% 48+ 0.00% 0% 100% 0% 3. As an incentive to provide affordable rental housing units above minimum requirements in projects of five or more units, an applicant shall be granted an equal percentage of for-purchase ownership units per Table 18.2.3.200.C.3. Table 18.2.3.200.C.3. For-Purchase Unit Bonus Where Affordable Units Exceed Minimum Number of Dwelling Units on Tax Lot Market Rate Ownership Affordable Ownership (per Sec. 18.2.5.050) Market Rate Rentals Affordable Rentals (per Sec. 18.2.5.050) 2-4 na na na na 5-12 68.75% na 0% 31.25% 13-24 62.50% na 0% 37.50% 25-48 56.25% na 0% 43.75% 48+ 50.00% na 0% 50.00% 4. Units designated as market rate or afford- able rental units shall be retained as one condo- ASHLAND LAND USE ORDINANCE 18.2.3.200 18.2-37 18.2.3.210 18.2.3.220 minium tract under one ownership. This remaining rental tract shall be restricted from further consid- eration of conversion to for-purchase housing. 5. Affordable housing units provided under subsections 18.2.3.200.C.2 and 18.2.3.200.C.3 shall meet the following affordability standards: a. Affordable rental units shall be afford- able for rent by households earning at or below 80 percent of the AMI in accordance with the stan- dards established by section 18.2.5.050. b. Affordable ownership units shall be af- fordable for purchase by households earning at or below 80 percent of the AMI in accordance with the standards established by section 18.2.5.050. 6. Prior to offering any units for sale the de- veloper must comply with AMC 15.04. 7. Conversion of existing rental units into for-purchase housing shall comply with AMC 10.115. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3195 § 2, amended, 12/01/2020; Ord. 3191 § 6, amended, 11/17/2020) Retail Uses Allowed in Railroad Historic District Home-oriented commercial uses located in a dwelling unit within the Railroad Historic District are subject to all of the following requirements. A. The business shall be no greater than 600 square feet in total area, including all storage and accessory uses. B. The business shall be operated only by the occupant of the dwelling unit and not more than one half full-time equivalent employee (up to 25 hours per week). C. Uses are limited to those designed to serve primarily pedestrian traffic. D. The use shall be located only a street having fully improved sidewalk on at least the side occu- pied by the business. The abutting street must be fully improved pursuant to residential City stan- dards or greater. E. The residential character of the property shall be maintained. (Ord. 3229 § 3, amended, 12/19/2023) Travelers’ Accommodations Where travelers’ accommodations and acces- sory travelers’ accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers’ accommodation and accessory travelers’ accommodation in part 18-6. A. Travelers’ Accommodations and Accessory Travelers’ Accommodations. Travel- ers’ accommodations and accessory travelers’ ac- commodations shall meet all of the following requirements. 1. An accommodation must meet all applic- able building, fire, and related safety codes at all times and must be inspected by the Fire Depart- ment before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 2. The business-owner of a travelers’ accom- modation or the property owner of an accessory travelers’ 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. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. 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 reg- istration is prohibited and shall be subject to en- forcement procedures. B. Travelers’ Accommodations. In addition to the standards described above in section 18.23.220.A, travelers’ 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 collec- tor shall be measured via a public street or public alley to a lot line. 2. During operation of a travelers’ accommo- dation, the property on which the travelers’ ac- commodation 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 18.2.3.210 SPECIAL USE STANDARDS 18.2-38 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 busi- ness and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers’ accommoda- tion use, including expansion of floor area. Addi- tional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the un- derlying zone. 4. The number of travelers’ accommodation units allowed shall be determined by the following criteria. a. The total number of units, including the business-owner's unit, shall be determined by di- viding the total square footage of the lot by 1,800 square feet. Contiguous lots under the same own- ership may be combined to increase lot area and the number of units, but not in excess of the max- imum established by this ordinance. The maxi- mum number of accommodation units shall not exceed nine per approved traveler’s accommoda- tion with primary lot frontage on boulevard streets. For travelers’ accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood col- lector street, the maximum number of units shall be seven. Street designations shall be as deter- mined by the Street Dedication Map in the Com- prehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b. 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. 5. 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 sig- nage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers’ accommodation in accor- dance with subsection 18.4.4.050.C.1. 6. 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. 7. Transfer of business-ownership of a trav- elers’ accommodation shall be subject to all re- quirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in confor- mance with all requirements of this section. C. Accessory Travelers’ Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers’ accommoda- tions shall meet all of the following requirements. 1. The operator of the accessory travelers’ accommodation must be the property owner and the property must be the operator’s primary resi- dence. The operator must be present during opera- tion of the accessory travelers’ accommodation. 2. The property is limited to having one ac- cessory travelers’ accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers’ accommodation, with the exception of kitchen cooking facilities for the pri- mary residence. 3. The total number of guests occupying an accessory travelers’ accommodation must not ex- ceed two people per bedroom. 4. The total number of guest vehicles associ- ated with the accessory travelers’ accommodation must not exceed one. 5. Signs are not permitted in conjunction with the operation of an accessory travelers’ ac- commodation. (Ord. 3229 § 3, amended, 12/19/2023) ASHLAND LAND USE ORDINANCE 18.2.3.220 18.2-39 18.2.4.010 18.2.4.020 18.2.4.030 18.2.4.040 18.2.4.050 18.2.4.010 18.2.4.020 18.2.4.030 18.2.4.040 Chapter 18.2.4 GENERAL REGULATIONS FOR BASE ZONES Sections: Access and Minimum Street Frontage. Accessory Structures and Mechanical Equipment. Arterial Street Setback. Vision Clearance Area. Yard Requirements and General Exceptions. Access and Minimum Street Frontage Each lot shall abut a public street other than an alley for a width of not less than 40 feet; except, where a lot is part of an approved flag partition or abuts a cul-de-sac vehicle turn-around area, the minimum width is 25 feet. Accessory Structures and Mechanical Equipment A. Accessory Structures. Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance. B. Mechanical Equipment. Mechanical equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equip- ment and associated enclosures, not taller than al- lowed fence heights, may be located within required interior side or rear yards, provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Munic- ipal Code, including but not limited to noise atten- uation. Any installation of mechanical equipment shall require a building permit. Arterial Street Setback The setback from an arterial street shall be not less than 20 feet, or the width required to install sidewalk and park row improvements, consistent with the street standards in chapter 18.4.6, whichever is less. Vision Clearance Area No visual obstruction (e.g., planting, fence, wall, sign, structure, fence, or temporary or perma- nent obstructions) exceeding 2 ½ in height shall be placed in “vision clearance areas” at street inter- sections as illustrated in Figure 18.2.4.040.A and Figure 18.2.4.040.B. Street lights, post or poles supporting street signs, street lights, traffic control signs or devices, utility poles, on-street parking, and street trees exceeding this height may be lo- cated in vision clearance areas, unless the cumu- lative impact of the placement results in an obstruction to vision. Street trees shall be trimmed so that branches and foliage are eight feet above grade. Height in the vision clearance area shall be measured from the top of the curb. The following distances shall be used in estab- lishing the size of the vision clearance area. A. In any residential zone, the minimum dis- tance shall be 25 feet or, at intersections including an alley, ten feet. B. In all other zones, the minimum distance shall be 15 feet or, at intersections, including an alley, ten feet, except that the C-1, E-1, and CM zones are exempt from these requirements. When the angle of intersection between streets, other than an alley, is less than 30 degrees, the distance shall be 25 feet. C. The vision clearance standards established by this section are not subject to a Variance pur- suant to chapter 18.5.5 Variances. 18.2.4.010 GENERAL REGULATIONS FOR BASE ZONES 18.2-40 18.2.4.050 Yard Requirements and General Exceptions A. In addition to the requirements of chapters 18.2.5 and 18.2.6, yard requirements shall con- form to the Solar Access standards of chapter 18.4.8. B. Eaves and awnings may encroach three feet into required yards; all other architectural projec- tions may encroach 18 inches into required yards. C. The following general exceptions are al- lowed for structures that are 30 inches in height or less, including entry stairs, uncovered porches, pa- tios, and similar structures: 1. The structures are exempt from the side and rear yard setback requirements. 2. The front and side yards abutting a public street may be reduced by half. Figure 18.2.4.040.A. Vision Clearance Area in Residential Zones Figure 18.2.4.040.B. Vision Clearance Area in Non-Residential Zones ASHLAND LAND USE ORDINANCE 18.2.4.050 18.2-41 18.2.5.010 18.2.5.020 18.2.5.030 18.2.5.040 18.2.5.050 18.2.5.060 18.2.5.070 18.2.5.080 18.2.5.090 18.2.5.010 18.2.5.020 18.2.5.030 Chapter 18.2.5 STANDARDS FOR RESIDENTIAL ZONES Sections: Purpose. Applicability. Unified Standards for Residential Zones. Accessory Buildings and Structures. Affordable Housing Standards. Yard Exceptions. Maximum Permitted Residential Floor Area in Historic District. Residential Density Calculation in R-2 and R-3 Zones. Standards for Single-Family Dwellings and Duplexes. Purpose Chapter 18.2.5 sets forth lot and development standards, including minimum dimensions, area, density, coverage, structure height, and other pro- visions that control the intensity, scale, and loca- tion of development, for Ashland’s base residential zones, pursuant to the Comprehensive Plan and the purposes of this ordinance. Applicability The standards contained in this chapter apply to all uses and development in the City’s residential zones. Property owners are responsible for verify- ing whether a proposed use or development meets the applicable standards of this ordinance, and for obtaining zoning permits. Unified Standards for Residential Zones A. Standards for Urban Residential Zones. Table 18.2.5.030.A contains standards for the R-1, R-1-3.5, R-2, and R-3 zones. Standards for the RR and WR zones are contained in subsections 18.2.5.030.B and 18.2.5.030.C. Table 18.2.5.030.A. Standards for Urban Residential Zones1 (Except as modified under chapter 18.5.5, Variances, or chapter 18.3.9, Performance Standards Option and PSO Overlay.) Standard R-1 R-2 R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 Residential Density (dwelling units/acre) - Minimum NA NA NA NA See density standards in Sec. 18.2.5.080 - Maximum Per Min. Lot Area Per Min. Lot Area Per Min. Lot Area Per Min. Lot Area See also Sec. 18.2.5.080, for R-2 and R-3 zones Lot Area – Minimum (square feet) - Lot 10,000 sf 7,500 sf 5,000 sf, 6,000 sf for corner lots 5,000 sf1 See density standards in Sec. 18.2.5.080 1Exception providing for minimum lot area of 3,500 sf in R-1-3.5 zone applies only where the lot contains an existing single-family dwelling that meets setback, density, and lot coverage standards; variances under this section are subject to Type I procedure. 18.2.5.010 STANDARDS FOR RESIDENTIAL ZONES 18.2-42 Table 18.2.5.030.A. Standards for Urban Residential Zones1 (continued) (Except as modified under chapter 18.5.5, Variances, or chapter 18.3.9, Performance Standards Option and PSO Overlay.) Standard R-1 R-2 R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 Lot Width – Minimum (feet) 75 ft2 65 ft2 50 ft2 50 ft2 50 ft 50 ft 2Width shall not exceed depth Lot Depth (feet) - Minimum 80 ft 80 ft 80 ft 80 ft 80 ft 80 ft - Maximum3 150 ft 150 ft 150 ft 250% of width 250% of width 250% of width 3Does not apply to Partitions Standard Yards – Minimum4 (feet) - Front – Standard, except: 15 ft 15 ft 15 ft 15 ft 15 ft 15 ft - Front – Unenclosed Porch5 8 ft 8 ft 8 ft 8 ft 8 ft 8 ft - Front – Garage Opening 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft - Side – Standard 6 ft 6 ft 6 ft 6 ft 6 ft 6 ft - Side – Corner Lot Adjacent to Street 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft - Rear – Single-Story Building 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft - Rear – Multi-Story Building 10 ft per bldg story, 5 ft per half story 10 ft per bldg story, 5 ft per half story 10 ft per bldg story, 5 ft per half story 10 ft per bldg story, 5 ft per half story 10 ft per bldg story, 5 ft per half story 10 ft per bldg story, 5 ft per half story 4See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with solar access requirements in chapter 18.4.8. 5 For setback, or the width of any existing public utility easement, whichever is greater; an unenclosed porch must be no less than 6 feet in depth and 8 feet in width, see section 18.6.1.030 for definition of porch; in the Historic District Overlay unenclosed porch provisions do not apply, and the minimum front yard is 20 ft. 6Does not apply to a side yard adjacent to an alley. ASHLAND LAND USE ORDINANCE 18.2.5.030 18.2-43 Table 18.2.5.030.A. Standards for Urban Residential Zones1 (continued) (Except as modified under chapter 18.5.5, Variances, or chapter 18.3.9, Performance Standards Option and PSO Overlay.) Standard R-1 R-2 R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 Building Separation, On Same Site – Minimum NA7 NA7 NA7 NA7 ½ the height of the tallest building, where building height is measured at the two closest exterior walls; maximum separation required is 12 ft8 (see Figure 18.3.9.070.B) 7Except as required under chapter 18.3.9, Performance Standards Option and PSO Overlay. 8Except as required by building code; accessory structures, accessory residential units, and duplexes are exempt from this requirement and subject to applicable building code requirements. Building Height – Maximum9 (feet) 35 ft or 2 ½ stories, whichever is less, except structures within Historic District Overlay shall not exceed 30 ft 35 ft or 2 ½ stories, except up to 50 ft with CU permit approval 9See figure in the definition of “height of building” in section 18.6.1.030. Lot Coverage – Maximum10 (% of lot area) 40% 45% 50% 55% 65% 75% 10A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous solid surface exemption does not apply to driveways and parking areas. Within cottage housing developments up to 10% of the permitted lot coverage may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum. Landscape Area – Minimum (% of developed lot area) 60% 55% 50% 45% 35% 25% Open Space – Minimum (% of site area)11 NA NA NA NA 8% 8% 11See chapter 18.3.9 for additional common open space requirements in Performance Standard Options developments. 18.2.5.030 STANDARDS FOR RESIDENTIAL ZONES 18.2-44 B. Woodland Residential Zone. Standards for the Woodland Residential (WR) zone follow: Table 18.2.5.030.B. Standards for Woodland Residential (WR) Zone (Except as modified under chapter 18.5.5, Variances, or chapter 18.3.9, Performance Standards Option and PSO Overlay.) Minimum Lot Area and Maximum Density Slope Min. Lot Size DU/Acre Limits on density transfer. All developments, with the exception of partitioning, must be developed under the Performance Standards Option, chapter 18.3.9. Not more than 25% of the density allowed in a WR zone may be transferred to a higher density zone in a Performance Standard Options development. Less than 40% 2 0.5 40 to 50% 2.5 0.4 50 to 60% 5 0.2 Over 60% 10 0.1 Outside UGB 20 0.05 Lot Coverage – Maximum1 (% of lot area) 7% 1A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous solid surface exemption does not apply to driveways and parking areas. Lot Width – Minimum (feet) 100 ft Lot Depth – Minimum and Maximum (feet) 150 ft Standard Yards – Minimum2 (feet) - Front – Standard 20 ft - Side – Standard, except: 6 ft - Side – Corner-Street/Alley Side 10 ft - Rear – Single-Story Building 10 ft - Rear – Multi-Story Building 10 ft per bldg story 2See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with solar access requirements in chapter 18.4.8. Maximum Building Height 35 ft or 2 ½ stories, whichever is less. ASHLAND LAND USE ORDINANCE 18.2.5.030 18.2-45 C. Rural Residential Zone. Standards for the Rural Residential (RR) zone follow: Table 18.2.5.030.C. Standards for Rural Residential (RR) Zone (Except as modified under chapter 18.5.5, Variances, or chapter 18.3.9, Performance Standards Option and PSO Overlay.) Minimum Lot Area and Maximum Density1 Zone Min. Lot Size1 See also Section 18.2.5.080, Residential Density. RR-.5 0.5 acre RR-1 1 acre RR-2.5 2.5 acres 1The minimum lot size depends on the topographic nature, service availability, surrounding land uses, and other relevant characteristics of the area. Lot Coverage – Maximum (% of lot area)2 Lot Type Lot Coverage RR-.5 20% RR-1 12% RR-2.5 7% 2A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous solid surface exemption does not apply to driveways and parking areas. Lot Width – Minimum (feet) 100 ft Lot Depth – Minimum and Maximum (feet) 150 ft and not more than 300% of width Standard Yards – Minimum3 (feet) - Front – Standard 20 ft - Side – Standard, except: 6 ft - Side – Corner-Street/Alley Side 10 ft - Rear – Single-Story Building 10 ft - Rear – Multi-Story Building 10 ft per bldg story 18.2.5.030 STANDARDS FOR RESIDENTIAL ZONES 18.2-46 18.2.5.040 Table 18.2.5.030.C. Standards for Rural Residential (RR) Zone (continued) (Except as modified under chapter 18.5.5, Variances, or chapter 18.3.9, Performance Standards Option and PSO Overlay.) 3See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with solar access requirements in chapter 18.4.8. Maximum Building Height 35 ft or 2 ½ stories, whichever is less; except the height of agricultural structures is not limited, when the structure is placed 50 feet or more from all property lines. (Ord. 3199 § 7, amended, 06/15/2021; Ord. 3191 § 7, amended, 11/17/2020; Ord. 3147 § 3, amended, 11/21/2017) Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations: A. Setback Yard Exceptions. See subsection 18.2.5.060.B.2. B. Guesthouse. A guesthouse may be main- tained accessory to a single-family dwelling pro- vided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, be- low, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a re- quired front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be lo- cated at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed out- door structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. ASHLAND LAND USE ORDINANCE 18.2.5.040 18.2-47 18.2.5.050 Figure 18.2.5.040.E.2. Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Mu- nicipal Code, and meet the all of the following re- quirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a min- imum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, de- signed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of ad- jacent properties and public streets. Affordable Housing Standards A. General Eligibility – Rental and Purchased Housing. 1. All qualifying ownership or rental units required to be affordable through density bonuses, annexation, zone change, condominium conver- sion, or other land use approval under this section shall not be eligible to receive a waiver of the Community Development and Engineering Ser- vices fees associated with the development of said affordable units unless a waiver is approved by the City Council. 2. All qualifying ownership or rental units required to be affordable through density bonuses, annexation, zone change, condominium conver- sion, or other land use approval under this section shall be eligible to receive a deferral of the System Development Charges associated with the devel- opment of said affordable units. 3. All qualifying ownership or rental units voluntarily provided as affordable to low-income households, consistent with subsections 18.2.5.050.A.1 and 18.2.5.050.A.2, above, shall be eligible for a System Development Charge, En- gineering Service, and Community Development Fee deferral or waiver without obtaining approval from the Council. 4. Affordable Housing Units covered under this section can only be sold or rented to occupant households from the same income category as the original purchasers or renters for a period of not less than 30 years, or as required through the con- dition of approval for a unit required to be afford- able through a land use approval. 5. System Development Charges, Engineer- ing Services, and Community Development Fees may be deferred or waived when units are sold or rented to low-income persons. For purposes of this subsection, “low-income persons” means: a. With regard to rental housing, persons with an income at or below 60 percent of the area median income (AMI) as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development (HUD); and b. With regard to home ownership housing and lease to purchase home ownership housing, persons with an income at or below 80 percent of the AMI as determined by the State Housing Council based on information from HUD. 18.2.5.050 STANDARDS FOR RESIDENTIAL ZONES 18.2-48 B. Rental Housing. Units designated for af- fordable rental housing in developments which have qualified for density bonuses, annexation, zone change, condominium conversion, or other land use approval under this section shall be rented to individuals or households whose annual income is consistent with the target income identified in the planning approval. Incomes shall be qualified as being equal to or less than either the 60 percent or 80 percent median income level maximums an- nually established for households in the Medford- Ashland Metropolitan Statistical Area (MSA). This figure shall be known as the “qualifying household income” and shall be determined by the City’s Community Development Department in May of each year from the annual family in- comes published by HUD for the Medford-Ash- land MSA. 1. Area Median Income – 60 and 80 Percent. The rent charged for such affordable rental hous- ing benefiting households earning 60 percent area median income or less, and 80 percent of area me- dian income or less, including any homeowners’ association or maintenance fees, shall comply with the maximum rents established by U.S. Depart- ment of Housing and Urban Development (HUD) for the HOME program for the corresponding bed- room size. a. The City’s Community Development Department shall maintain a table of maximum rent levels established by U.S. Department of Housing and Urban Development (HUD) for the HOME program and shall annually update the table in May of each year. b. The HUD “low rent” limit shall apply to units targeted toward households earning 60 per- cent of area median income or less. c. The HUD “high rent” limit shall apply to units targeted toward households earning greater than 60 percent area median income up to and including 80 percent of area median income. d. Low-income housing tax credit (LI- HTC) assisted affordable rental housing units, sub- ject to rent control through the LIHTC program, may utilize the rent limits established by the LI- HTC program as an alternative to the rent levels established by U.S. Department of Housing and Urban Development (HUD) for the HOME pro- gram. Upon completion of the LIHTC compliance period the maximum rent levels established in sub- sections 18.2.5.050.B.1.a through 18.2.5.050.B.1.c shall apply through the remaining term of afford- ability. 2. Owner’s Obligation. The owner of the af- fordable rental housing shall sign a 30-year agree- ment, or longer depending on the period of affordability established through a planning action approval or legislative land use decision, with the City that guarantees these rent levels will not be exceeded and that the owner will rent only to households meeting the income limits. The agree- ment shall bind subsequent owners who purchase the rental housing during the established period of affordability. The agreement shall also require the owner to allow the unit to be rented to HUD Section 8 qualified applicants and agree to accept rent vouchers for all of the affordable units when applicable. The City shall file the agreement for recordation in the County Clerk deed records, Jackson County, Oregon. 3. Certification of Qualifying Occupants. The owner of record, or the designated agent of the record owner, shall annually file with the City a signed certificate stating the occupants of the record owner’s rental housing units continue to be qualified households, or are a household that qual- ified at its initial occupancy, within the meaning of this resolution, and any amendment made to it. The City shall provide the record owner or the record owner’s agent with access to a form to com- plete and sign to comply with this provision. C. Purchased Houses – Qualifying. Units designated for affordable housing available for purchase in developments which have qualified for affordable housing density bonuses, annexa- tion, zone change, condominium conversion, or other land use approval under this section must satisfy the criteria in subsections 18.2.5.050.C.1 and 18.2.5.050.C.2, below: 1. They shall only be sold to occupant house- holds whose: a. Annual income is consistent with the target income identified in the planning approval for the development. Incomes shall be qualified at the applicable 80 percent, 100 percent, or 120 per- cent median income levels for households based on number of people per household as adjusted an- ASHLAND LAND USE ORDINANCE 18.2.5.050 18.2-49 18.2.5.060 nually by HUD for the Medford-Ashland Metro- politan Service Area (MSA). b. The maximum initial purchase price shall be determined on the date the designated af- fordable unit enters the affordable housing pro- gram. The maximum initial purchase price is based on a formula that accounts for what a qual- ifying household can afford to pay as a maximum monthly housing payment. The formula used to calculate the maximum monthly housing payment incorporates the following: i. The maximum monthly housing pay- ment shall not exceed 30 percent of the monthly income for the target income level indicated in subsection 18.2.5.050.C.1.a. ii. The formula used to calculate the monthly housing payment shall include principal, interest, taxes, and insurance (PITI) and any home- owners’ or regular maintenance fees. iii. The formula used to calculate the monthly housing payment will assume a down payment equal to ten percent of the purchase price. iv. The formula used to calculate monthly housing payment will assume a 30-year fixed-rate mortgage with an interest rate of five percent. c. The maximum monthly housing pay- ment for a covered unit shall be established to not exceed the affordability limits, established in this section, and pursuant to the occupancy number in- dicated in Table 18.2.5.050.C. Table 18.2.5.050.C. Occupancy Basis for Affordable Ownership Housing Unit Type Occupancy Studio = 1 person household income for the designated income level 1 bedroom = 2 person household income for the designated income level 2 bedroom = 3 person household income for the designated income level 3 bedroom or greater = 5 person household income for the designated income level Households with a greater or lesser number of occupants shall remain eligible for covered units but the sale price shall not be adjusted due to household size above the limits established above. d. Net assets, excluding pension plans and IRAs and excluding the down payment and closing costs, do not exceed $25,000.00 for a household or $175,000.00 if one household member is 65 years or older. 2. They shall remain affordable as follows: a. The purchasers of the affordable hous- ing units shall agree to the City of Ashland Af- fordable Housing Resale Restriction Agreement establishing a period of affordability of not less than 30 years. b. The maximum resale price will be cal- culated using the current seller’s initial purchase price plus an additional 0.125 percent of said ini- tial purchase price for each full month the current seller has owned the home. c. In no event will a purchaser be required to sell the unit subject to the Affordable Housing Resale Restriction Agreement for less than his or her original purchase price, plus any applicable closing costs and realtor fees. (Ord. 3195 § 3, amended, 12/01/2020) Yard Exceptions A. Front Yard Exceptions. 1. If there are dwellings or accessory build- ings on both abutting lots (even if separated by an alley or private way) with front or side yards abut- ting a public street with less than the required set- back for the district, the front yard for the lot need not exceed the average yard of the abutting struc- tures. 2. If there is a dwelling or accessory building on one abutting lot with a front yard of less than the required depth for the district, the front yard need not exceed the average yard of the depth of the abutting lot and the required front yard depth. 18.2.5.060 STANDARDS FOR RESIDENTIAL ZONES 18.2-50 18.2.5.070 3. The front yard may be reduced to ten feet on hillside lots where the terrain has an average steepness equal to or exceeding a one foot rise or fall in four feet of horizontal distance within the entire required yard; vertical rise or fall is mea- sured from the natural ground level at the property. B. Side and Rear Yard Exceptions for Accessory Buildings, Accessory Residential Units, and Duplexes. The side and rear yards for accessory buildings, accessory residential units, and duplexes may be reduced as described below provided the structure meets all of the following requirements: 1. Structure. a. The structure is not attached to any other buildings or dwellings, and is not more than 15 feet in height. b. If the structure is located on a lot that is not adjacent to an alley, the structure is located more than 50 feet from any street. c. The side and rear yard exceptions in this section may be applied to a single detached duplex unit but shall not be applied to both duplex units located on one lot, whether the two units are at- tached or detached. d. The reduced side or rear yard provision does not apply to the primary structure. e. Automobile parking located in acces- sory buildings (e.g., garages and carports) shall meet the dimensional requirements, including but not limited to automobile back-up maneuvering dimensions, in subsection 18.4.3.080.B. 2. Yards Abutting an Alley. The side yard abutting an alley may be reduced to three feet and the rear yard abutting an alley may be reduced to four feet, except that automobile parking located in an accessory building (e.g., garages and car- ports) shall meet the required back-up maneuver- ing dimensions in subsection 18.4.3.080.B. 3. Other Side and Rear Yards. The side or rear yard may be reduced to three feet, except when said yard is abutting an alley as provided in subsection 18.2.5.060.B.2, above. (Ord. 3199 § 8, amended, 06/15/2021) Maximum Permitted Residential Floor Area in Historic District A. Purpose. This section regulates floor area of dwellings to promote compatible building volume and scale in the Historic District. B. Applicability. Within residential zones lo- cated in the Historic District Overlay, new struc- tures and additions shall conform to the maximum permitted floor area standards of this section, ex- cept as provided by subsection 18.2.5.070.C. C. Increases in Allowable MPFA. A condi- tional use permit under chapter 18.5.4 is required to exceed the MPFA standards of subsections 18.2.5.070.F and 18.2.5.070.G, below. In addition to the approval criteria for a conditional use per- mit, the criteria for Historic District Design Stan- dards approval must be met. In no case shall the permitted floor area exceed 25 percent of the MPFA. D. Maximum Permitted Floor Area. For pur- poses of this section, maximum permitted floor area (MPFA) means the gross floor area of a dwelling, including but not limited to potential liv- ing spaces within the structure with at least seven feet of head room and attached garages, except as provided by subsection 18.2.5.070.E, below. E. Exceptions. Basements, detached garages, detached accessory structures, detached accessory residential units, and detached duplex dwelling units are not counted in the gross floor area for the MPFA calculation if separated from the single- family dwelling or primary structure by six feet or more. Similarly, unenclosed breezeways, and simi- lar open structures connecting an exempt detached structure to the single-family dwelling or primary structure are not counted in the MPFA calcula- tion. The exception in this section may be applied to a single detached duplex unit but shall not be applied to both duplex units located on one lot, whether the two units are attached or detached. F. Calculation and Standards. Except as modified by subsection 18.2.5.070.G for multiple dwellings on a lot and residential subdivisions pro- posed under the performance standards option, the following formula shall be used to calculate the MPFA for single-family dwellings; provided, however, that regardless of lot size, the MPFA shall not exceed 3,249 square feet: Lot area x Adj. Factor [from Table 18.2.5.070(E)] = Adjusted lot area x 0.38 FAR = MPFA ASHLAND LAND USE ORDINANCE 18.2.5.070 18.2-51 18.2.5.080 Table 18.2.5.070.E. Adjustment Factor Table Lot Area Adj. Factor Lot Area Adj. Factor Lot Area Adj. Factor Lot Area Adj. Factor 0 – 2500 1.20 6501 - 7000 0.88 11001 – 11500 0.66 15501 - 16000 0.55 2501 – 3000 1.16 7001 - 7500 0.85 11501 – 12000 0.64 16001 - 16500 0.54 3001 – 3500 1.12 7501 - 8000 0.82 12001 – 12500 0.62 16501 - 17000 0.53 3501 – 4000 1.08 8001 - 8500 0.79 12501 – 13000 0.61 17001 - 17500 0.52 4001 – 4500 1.04 8501 - 9000 0.77 13001 – 13500 0.60 17501 - 18000 0.51 4501 – 5000 1.00 9001 - 9500 0.75 13501 – 14000 0.59 18001 - 18500 0.50 5001 – 5500 0.97 9501 - 10000 0.73 14001 – 14500 0.58 18501 - 19000 0.49 5501 – 6000 0.94 10001 - 10500 0.71 14501 – 15000 0.57 19001 - 19500 0.48 6001 – 6500 0.91 10501 - 11000 0.68 15001 – 15500 0.56 19500 and greater 0.47 G. Multiple Dwellings and Residential Performance Standards Option. Where multiple dwellings are proposed on a single lot, or where a residential subdivision is proposed under the Per- formance Standards Option of chapter 18.3.9, the MPFA shall be determined using the following formula: Lot area x Adj. Factor [from Table 18.2.5.070(E)] = Adjusted lot area x Graduated FAR [from Table 18.2.5.070(F)] = MPFA Table 18.2.5.070.F. Graduated FAR Table # units FAR # units FAR # units FAR 1 0.38 5 0.46 9 0.54 2 0.4 6 0.48 10 0.56 3 0.42 7 0.5 11 0.58 4 0.44 8 0.52 >11 0.6 (Ord. 3199 § 9, amended, 06/15/2021; Ord. 3167 § 6, amended, 12/18/2018) Residential Density Calculation in R-2 and R-3 Zones A. Density Standard. Except density gained through bonus points under section 18.2.5.080 or chapter 18.3.9, Performance Standards Option and PSO Overlay, development density in the R-2 and R-3 zones shall not exceed the densities estab- lished by this section. B. Density Calculation. 1. Except as specified in the minimum lot area dimensions below, the density in R-2 and R-3 zones shall be computed by dividing the total num- ber of dwelling units by the acreage of the project, including land dedicated to the public, and subject to the exceptions below. 2. Units less than 500 square feet of gross habitable area shall count as 0.75 units for the pur- poses of density calculations. 3. Accessory residential units and duplexes are not required to meet the density or minimum lot area requirements of this section. See section 18.2.5.080 STANDARDS FOR RESIDENTIAL ZONES 18.2-52 18.2.3.040 for accessory residential unit standards and section 18.2.3.110 for duplex standards. C. Minimum Density. 1. The minimum density shall be 80 percent of the calculated base density. 2. Exceptions to Minimum Density Standards. The following lots are totally or par- tially exempt from minimum density standards: a. Lots less than 10,000 square feet in ex- istence prior to the effective date of this chapter. b. Lots located within any Historic District designated within the Ashland Municipal Code. c. Lots with existing or proposed condi- tional uses may be exempt for that portion of the property that is subject to the conditional use for calculations of the minimum base density stan- dard. d. Where a lot is occupied by a single- family residence prior to January 9, 2005 (Ord. 2914), the single-family residence may be en- larged or reconstructed without being subject to the minimum base density standard. e. In the event that a fire or natural hazard destroys a single-family residence, such residence may be replaced without being subject to the min- imum base density standard. f. Where floodplains, streams, land drainages, wetlands, and/or steep slopes exist upon the lot an exception to minimum density require- ments may be obtained to better meet the standards of chapter 18.3.10, Physical and Environmental Constraints Overlay. g. A lot that is nonconforming in mini- mum density may not move further out of con- formance with the minimum density standard. However, units may be added to the lot which bring the lot closer to conformance without com- ing all the way into conformance provided it is demonstrated that the minimum density will not be precluded. D. Base Densities and Minimum Lot Dimensions. 1. R-2 Zone. Base density for the R-2 zone shall meet the following standards: a. Minimum lot area for one or two dwellings shall be 5,000 square feet, except as al- lowed in section 18.2.3.040 for accessory residen- tial units and section 18.2.3.110 for duplexes. b. Minimum lot area for three dwellings shall be 9,000 square feet, except that the residen- tial density bonus in subsection 18.2.5.080.E, be- low, may be used to increase density of lots greater than 8,000 square feet up to three dwellings. c. For more than three dwellings, the base density shall be 13.5 dwelling units per acre. The permitted base density shall be increased by the percentage gained through the residential density bonus in subsection 18.2.5.080.E. 2. R-3 Zone. Base density for the R-3 zone shall meet the following standards: a. Minimum lot area for one or two dwellings shall be 5,000 square feet, except as al- lowed in section 18.2.3.040 for accessory residen- tial units and section 18.2.3.110 for duplexes. b. For three or more dwellings, the base density shall be 20 dwelling units per acre. The permitted base density shall be increased by the percentage gained through the residential density bonus in subsection 18.2.5.080.E, below. E. Residential Density Bonus. 1. Density Bonus Points Authorized. Except as allowed under chapter 18.3.9, Performance Standards Option and PSO Overlay, the permitted base density shall be increased only pursuant to this section. 2. Maximum Density Bonus Points. The to- tal maximum bonus permitted shall be 60 percent. 3. Density Bonus Point Criteria. The follow- ing bonuses shall be awarded: a. Conservation Housing. The maximum bonus for conservation housing is 15 percent. One hundred percent of the homes or residential units approved for development, after density bonus point calculations, shall meet the minimum re- quirements for certification as an Earth Advantage home, as approved by the Conservation Division under the City’s Earth Advantage program as adopted by Resolution 2006-6. b. Common Open Space. The maximum bonus for provision of common open space is ten percent. A one percent bonus shall be awarded for each one percent of the total project area in com- mon open space in excess of any common or pri- vate open space required by section 18.4.4.070 and this chapter. The common open space shall meet the standards in section 18.4.4.070. ASHLAND LAND USE ORDINANCE 18.2.5.080 18.2-53 18.2.5.090 18.2.6.010 18.2.6.020 18.2.6.030 18.2.6.010 18.2.6.020 18.2.6.030 c. Affordable Housing. The maximum bonus for affordable housing is 35 percent. Devel- opments shall receive a density bonus of two units for each affordable housing unit provided. Afford- able housing bonus shall be for residential units that are guaranteed affordable in accord with the standards of section 18.2.5.050. (Ord. 3199 § 10, amended, 06/15/2021; Ord. 3190 § 2, amended, 11/17/2020) Standards for Single-Family Dwellings and Duplexes A. The following standards apply to new sin- gle-family dwellings and duplexes constructed in the R-1, R-1-3.5, R-2, and R-3 zones; the stan- dards do not apply to dwellings in the WR or RR zones. B. Single-family dwellings and duplexes sub- ject to this section shall utilize at least two of the following design features to provide visual relief along the front of the residence: 1. Dormers; 2. Gables; 3. Recessed entries; 4. Covered porch entries; 5. Cupolas; 6. Pillars or posts; 7. Bay window (min. 12" projection); 8. Eaves (min. 6" projection); 9. Off-sets in building face or roof (min. 16"). (Ord. 3199 § 11, amended, 06/15/2021) Chapter 18.2.6 STANDARDS FOR NON-RESIDENTIAL ZONES Sections: Purpose. Applicability. Unified Standards for Non- Residential Zones. Purpose 18.2.6 sets forth lot and development standards, including minimum dimensions, area, density, coverage, structure height, and other provisions that control the intensity, scale, and location of de- velopment, for Ashland’s base employment zones, pursuant to the Comprehensive Plan and the pur- poses of this ordinance. Applicability The standards contained in this chapter apply to all uses and development in the city’s employment zones. Property owners are responsible for verify- ing whether a proposed use or development meets the applicable standards of this ordinance, and for obtaining Zoning Permits. Unified Standards for Non-Residential Zones Table 18.2.6.030. Standards for Non-Residential Zones (Except as modified under chapter 18.5.5 Variances.) Standard C-1 C-1-D E-1 M-1 Residential Density1 (dwelling units/acre) 30 du/ac 60 du/ac 15 du/ac NA 1where allowed per section 18.2.3.130; within E-1 zone, per R-Overlay (see chapter 18.3.13 Residential Overlay). Lot Area, Width, Depth Lot Coverage There is no minimum lot area, width or depth, or maximum lot coverage; or minimum front, side or rear yard, except as required to comply with the special district and overlay zone provisions of part 18.3 or the site development and design standards of part 18.4. 18.2.5.090 STANDARDS FOR NON-RESIDENTIAL ZONES 18.2-54 Table 18.2.6.030. Standards for Non-Residential Zones (continued) (Except as modified under chapter 18.5.5 Variances.) Standard C-1 C-1-D E-1 M-1 Setback Yards (feet) There is no minimum front, side, or rear yard required, except where buildings on the subject site abut a residential zone, in which case a side of not less than 10 ft and a rear yard of not less than 10 ft per story is required. There is no minimum front, side, or rear yard, except 20 ft where adjoining a residential zone. The solar setback standards of chapter 18.4.8 do not apply to structures in the C-1-D zone. Except for buildings within 100 feet of a residential zone, the solar setback standards of chapter 18.4.8 do not apply to structures in the C-1 zone. See also section18.2.4.030 Arterial Street Setback. Building Height2&3 – Maximum (feet) 40 ft, except: 40 ft - Buildings greater than 40 ft and less than 55 ft are permitted in C-1-D zone with approval of a Conditional Use Permit. -Where located more than 100 feet from a residential zone, buildings greater than 40 ft and less than 55 ft are permitted in C-1 zone with approval of a Conditional Use Permit. 2See definition of “height of building” in section 18.6.1.030. 3Parapets may be erected up to five feet above the maximum building height; see also, 18.4.4.030.G.4 for mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment review process. Landscape Area – Minimum (% of developed lot area) 15% None, except parking areas and service stations shall meet the standards of chapters 18.4.3 Parking, Access, and Circulation, and 18.4.4 Landscaping, Lighting, and Screening. 15% 10% ASHLAND LAND USE ORDINANCE 18.2.6.030 18.2-55 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11 18.3.12 18.3.13 18.3.14 PART 18.3 – Special Districts and Overlay Zones Chapters: Special District and Overlay Zone Purpose and Administration Croman Mill District Health Care Services District Normal Neighborhood District North Mountain Neighborhood District Southern Oregon University District Airport Overlay Freeway Sign Overlay Performance Standards Option and PSO Overlay Physical and Environmental Constraints Overlay Water Resources Protection Zones (Overlays) Site Development and Design Overlays Residential Overlay Transit Triangle Overlay 18.3-1 18.3.1.010 18.3.1.020 18.3.1.030 18.3.1.010 18.3.1.020 18.3.1.030 18.3.2.010 18.3.2.020 18.3.2.030 18.3.2.040 18.3.2.050 18.3.2.060 18.3.2.070 18.3.2.010 18.3.2.020 Chapter 18.3.1 SPECIAL DISTRICT AND OVERLAY ZONE PURPOSE AND ADMINISTRATION Sections: Purpose. Zoning Map and Classification of Special Districts and Overlays. Applicability of Special District and Overlay Regulations. Purpose Chapter 18.2.1 Zoning Regulations establishes zones, special districts, and overlays pursuant to the Comprehensive Plan. Every parcel, lot, and tract of land within the City is designated with a zoning district, or zone. The use of land is lim- ited to the uses allowed by the applicable zone. The special districts are based on neighborhood planning processes for specific geographic areas. Overlay zones address special situations or site characteristics that apply across zones and supple- ment the base zoning regulations Zoning Map and Classification of Special Districts and Overlays For the purpose of this ordinance, the City is di- vided into zones designated and depicted on the Zoning Map, pursuant to the Comprehensive Plan Map, and summarized in Table 18.2.1.020. Applicability of Special District and Overlay Regulations Part 18.3 applies to properties with base zone, special district, and overlay zone designations summarized in Table 18.2.1.040. Chapter 18.3.2 CROMAN MILL DISTRICT Sections: Purpose. Applicability. General Requirements. Allowed Uses. Dimensional Standards. Site Development and Design Standards. Open Space Zone. Purpose The purpose of this section is to implement the Croman Mill Site Redevelopment Plan. The dis- trict is designed to provide an environment suit- able for employment, recreation, and living. The CM district is a blueprint for promoting family- wage jobs, professional office and manufacturing commerce, neighborhood-oriented businesses, mixed-use projects, and community services in a manner that enhances property values by provid- ing transportation options and preserving signifi- cant open spaces while minimizing the impact on natural resources through site and building design. The Croman Mill District Standards were adopted by the City Council on August 17, 2010 (Ordi- nance No. 3031), and amended on December 16, 2011 (Ordinance No. 3053). Applicability This chapter applies to properties designated as CM on the Zoning Map, and pursuant to the Cro- man Mill District Plan maps adopted by Ordinance 3031 (August, 2010). Development located within the Croman Mill (CM) district is required to meet all applicable sections of this ordinance, except as otherwise provided in this chapter; where the pro- visions of this chapter conflict with comparable standards described in any other ordinance, resolu- tion or regulation, the provisions of the CM district shall govern. ASHLAND LAND USE ORDINANCE 18.3.2.020 18.3-3 18.3.2.030 Figure 18.3.2.020. Croman Mill District General Requirements A. Conformance with the Croman Mill District Plan. Land uses and development, includ- ing buildings, parking areas, streets, bicycle and pedestrian access ways, multi-use paths, and open spaces shall be located in accordance with those shown on the Croman Mill District Plan maps adopted by Ordinance 3031. B. Site Development and Design Standards. New development is subject to Site Design Re- view under chapter 18.5.2, and must comply with the site development and design standards in sec- tion 18.3.2.060. C. Amendments. Major and minor amend- ments to the Croman Mill District Plan shall com- ply with the following procedures. 18.3.2.030 CROMAN MILL DISTRICT 18.3-4 18.3.2.040 1. Major and Minor Amendments. a. Major amendments are those that result in any of the following. i. A change in the zoning. ii. A modification to the street layout plan that necessitates a street or other transporta- tion facility to be eliminated. iii. A change not specifically listed un- der the major and minor amendment definitions. b. Minor amendments are those that result in any of the following. i. A change in the street layout that re- quires a street, access way, multi-use path or other transportation facility to be shifted more than 25 feet in any direction, as long as the change main- tains the connectivity established by the Croman Mill District Plan. ii. Changes related to street trees, street furniture, fencing or signage. iii. A change in the design of a street in a manner inconsistent with the Croman Mill Dis- trict Standards. iv. A modification of a driveway access location in a manner inconsistent with the Croman Mill District Standards. v. A site layout, landscaping or building design which is inconsistent with the Croman Mill District Standards. vi. A change to an area allocation for special permitted uses in subsection 18.3.2.040.B. vii. A change in a dimensional standard requirement in subsection 18.3.2.050, but not in- cluding height and residential density. 2. Major Amendment – Type II Procedure. The approval authority may approve a major amendment to the Croman Mill District Plan through a Type II procedure in section 18.5.1.060 upon finding that the application meets all of the following criteria. a. The proposed modification maintains the connectivity established by the district plan, or the proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural features, or to adjust to existing property lines be- tween project boundaries. b. The proposed modification furthers the design, circulation, and access concepts advocated by the district plan. c. The proposed modification will not ad- versely affect the purpose and objectives of the district plan. 3. Minor Amendment – Type I Procedure. A minor amendment to the Croman Mill District Plan is subject to the Type I procedure in section 18.5.1.050. Minor amendments shall not be sub- ject to the Exception to the Site Development and Design Standards in subsection 18.5.2.050.E. A minor amendment may be approved upon finding that granting the approval will result in a devel- opment design that equally or better achieves the stated purpose of this chapter, objectives of spe- cific Croman Mill District Standards, and guiding principles of the Croman Mill Site Redevelopment Plan. Allowed Uses A. Uses Allowed in Croman Mill Zones. Al- lowed uses include those that are permitted, per- mitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.2.040 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. 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 18.5.1.020 Determination of Re- view Procedure. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An over- lay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City’s overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individ- ually are also allowed in combination with one an- other, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. ASHLAND LAND USE ORDINANCE 18.3.2.040 18.3-5 Table 18.3.2.040. Croman Mill District Uses Allowed by Zone1 Croman Mill District Zones2 NC MU OE CI OS A. Residential Residential Uses S S N N N Agricultural Uses, except Keeping of Livestock N N N N N Keeping of Bees, Micro-Livestock and Livestock N N N N N Marijuana Cultivation, Homegrown S S N N N Temporary Employee Housing N N S S N B. Commercial Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales and repair P N N N N Limited stores, restaurants, and shops, excluding fuel sales, automobile sales, and repair, including marijuana retail sales N S S S N Professional, financial, business, and medical offices N P P S N Administrative or research and development establishments N P P P N Child or day care centers P S S S N Fitness, recreations sports, gym or athletic club P N N N N Food trucks and food carts (subject to the requirements of section 18.2.3.145) S S S S N Ancillary employee services (e.g., cafeteria, fitness area) N S S S N Kennels (indoor) and veterinary clinics N N S S N Motion picture, television or radio broadcasting studios N P P P N Temporary uses C C C C C C. Industrial Manufacturing, assembly, fabrication or packaging including manufacturing of food products N P S P N Limited manufacturing affiliated with a retail use S N N N N 18.3.2.040 CROMAN MILL DISTRICT 18.3-6 Table 18.3.2.040. Croman Mill District Uses Allowed by Zone1 (continued) Croman Mill District Zones2 NC MU OE CI OS Marijuana laboratory, processing, and production N S S S N Rail freight loading dock facilities N N N P N Rail or rapid transit passenger facilities P P P P N Warehouse and similar storage facilities, including marijuana wholesale N S S S N Limited outdoor storage N S S S N Wireless communication facilities attached to an existing structure pursuant to Sec. 18.72.180 C C P P N Freestanding wireless communication support structures pursuant to Sec. 18.72.180 C C C C N D. Public and Institutional Public service or community buildings with office or space used directly by the public P C C C P Public service or community buildings without office or space used directly by the public C C C C C Public and quasi public utility facilities enclosed in a building S S S S S Oregon Department of Transportation (ODOT) maintenance facility and yard S N N N N Private school, college, trade school, technical school or similar school C C C C N Electrical substations N N C C N Rail or rapid transit passenger facilities P P P P N Warehouse and similar storage facilities N S S S N Limited outdoor storage N S S S N Wireless communication facilities attached to an existing structure pursuant to 18.72.180 C C P P N Freestanding wireless communication support structures pursuant to 18.72.180 C C C C N Public service or community buildings with office or space used directly by the public P C C C P Public service or community buildings without office or space used directly by the public C C C C C ASHLAND LAND USE ORDINANCE 18.3.2.040 18.3-7 Table 18.3.2.040. Croman Mill District Uses Allowed by Zone1 (continued) Croman Mill District Zones2 NC MU OE CI OS Public and quasi public utility facilities enclosed in a building S S S S S Oregon Department of Transportation (ODOT) maintenance facility and yard S N N N N Private school, college, trade school, technical school or similar school C C C C N Electrical substations N N C C N 1 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 2 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open Space. D. Special Use Standards. The uses listed as “Permitted with Special Use Standards (S)” in Table 18.3.2.040, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Residential Uses. Residential uses pro- vided all of the following standards are met. a. The ground floor area shall be desig- nated for permitted or special permitted uses, ex- cluding residential. b. Residential densities shall not exceed the densities in section Dimensional Regulations. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest impacts from commercial and in- dustrial uses within the district. 2. Marijuana Cultivation, Homegrown. Sub- ject to the standards in subsection 18.2.3.190.A. 3. Temporary Employee Housing. Residen- tial units for use by persons employed within the facility and their families when all of the following standards are met. a. Employee housing densities shall not exceed two units per acre. For the purposes of den- sity calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. b. The employee housing shall be in con- junction with a permitted or special permitted use on the property. c. Units shall be restricted by covenant to be occupied by persons employed by a business operating on the property. 4. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities, and ancillary employee services, when all of the following standards are met. a. In the CI, MU, and OE zones, a max- imum of 15 percent of the gross floor area in a building may be used for any or a combination of the following special permitted uses when the standards in this section are met: limited stores, restaurants, and shops; child or day care facilities; and ancillary employee services. b. Limited Stores, Restaurants and Shops. In the MU zone, the floor area shall be limited to retail uses in conjunction with a permitted use. c. Child or Day Care Facilities. Primary program activities are integrated into the interior of the building. d. Ancillary Employee Services. Develop- ments may include ancillary employee services such as cafeterias, fitness areas, or other support- ive services generally intended to support the 18.3.2.040 CROMAN MILL DISTRICT 18.3-8 needs of employees when the following standards are met. i. The use is integrated into the interior of the building. ii. The ancillary employee services shall be in conjunction with a permitted or special permitted use on the property. e. Marijuana Retail Sales. Marijuana retail sales are subject to the standards a-d in subsection 18.3.2.040.D.4, above, and the standards for mar- ijuana-related businesses in subsection 18.2.3.190.B. 5. Professional, Financial, Business and Medical Offices in CI Zone. Developments in the CI zone may include ancillary office uses to sup- port the operations of a permitted use on-site pro- vided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor area. 6. Kennels. Kennels when all of the follow- ing standards are met. a. Kennels shall be located at least 200 feet from the nearest residential dwelling. b. All animals shall be boarded within a building at all times. c. No noise or odor shall emanate outside the walls of the building used as a kennel. d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a sanitary manner. 7. Manufacture, Assembly, Fabrication, and Packaging in OE Zone. Developments in the OE zone may include ancillary manufacturing, assem- bly, fabrication, and packaging uses to support the operations of a permitted or special permitted use on-site when all of the following standards are met. a. The maximum floor area dedicated to manufacturing, assembly, fabrication, and packag- ing shall be 50 percent of the ground floor area. b. No outside space shall be used for the manufacturing, assembly, fabrication, and packag- ing processes. 8. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication, or packaging contiguous to and associated with a retail space, provided the maximum floor area dedicated to manufacturing occupies 1,000 square feet, or ten percent of ground floor area, whichever is less. 9. Marijuana Laboratory, Processing, and Production. a. Marijuana laboratory, processing, and production are subject to the standards for mar- ijuana-related businesses in subsection 18.2.3.190.B. b. In the OE zone, marijuana laboratory, processing, and production are subject to subsec- tion 18.3.2.040.D.7, above. 10. Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when all of the following standards are met. a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU zones shall be 50 percent of the ground floor area. b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive use by, a permitted or special permitted use on the property. c. Self-service mini-warehouses are pro- hibited. d. No outside space shall be used for stor- age, unless approved as a limited outdoor storage area. e. Marijuana Wholesale. Marijuana wholesale storage is subject to the standards a-d in subsection 18.3.2.040.D.10, above, and the stan- dards for marijuana-related businesses in subsec- tion 18.2.3.190.B. 11. Limited Outdoor Storage. Limited out- door storage associated with a permitted or special permitted use when all of the following standards are met. a. The maximum area dedicated to out- door storage shall be 1,000 sq. ft. in the OE and MU zone; and 2,500 sq. ft. in the CI zone, or 50 percent of the ground floor area of the building housing the associated permitted or special permit- ted use, whichever is greater. b. The outdoor storage shall be located be- hind or on the side of buildings, and shall be lo- cated so the outdoor storage is the least visible from the street that is reasonable given the layout of the site. c. The outdoor storage shall be screened from view by placement of a solid wood or metal ASHLAND LAND USE ORDINANCE 18.3.2.040 18.3-9 18.3.2.050 fence, or a masonry wall from five to eight feet in height. d. The associated permitted use shall ob- tain a minimum of 50 percent of the employment density targets for the Croman Mill District. 12. Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings when all of the following standards are met. a. Facilities and structures that are acces- sory to a public park in the OS zone, including but not limited to maintenance equipment storage, en- closed picnic facilities, and restrooms. b. Public and quasi-public utility service building relating to receiving and transmitting an- tennas and communication towers are subject to the applicable provisions of 18.4.10. c. Public and quasi-public utility service building shall demonstrate all of the following. i. The need for the facility, present or future; and how the facility fits into the utility’s master plan. ii. The facility utilizes the minimum area required for the present and anticipated ex- pansion. iii. Compatibility of the facility with ex- isting surrounding uses and uses allowed by the plan designation. 13. Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on property within the NC zone, all the following shall apply. a. Buildings may be enlarged or replaced subject to Basic Site Review Standards. b. Are exempt from the Dimensional Reg- ulations per 18.3.2.050 with the exception of min- imum side and rear yard setbacks abutting a residential district and maximum height. c. Are exempt from the requirements of part 18.4 Site Development and Design Standards, and the requirements of 18.3.2.060 Croman Mill District Site Development and Design Standards (Ord. 3216 § 5, amended, 03/15/2023) Dimensional Standards The lot and building dimensions shall conform to the standards in Table 18.3.2.050. Table 18.3.2.050. Croman Mill District Dimensional Standards Croman Mill District Zones1 NC MU OE CI OS Residential Density – Maximum (dwelling units/acre)2 Without bonus 30 15 NA NA NA With bonus 60 30 NA NA NA 2Density of the development may not exceed the density established by this standard. Density must be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions shall not apply toward the total density. Lot Area - Minimum (square feet) NA NA 20,000 40,000 NA Lot Frontage - Minimum (feet) 50 NA 100 100 NA Lot Width - Minimum (feet) 50 NA 100 100 NA 18.3.2.050 CROMAN MILL DISTRICT 18.3-10 Table 18.3.2.050. Croman Mill District Dimensional Standards (continued) Croman Mill District Zones1 NC MU OE CI OS Standard Yards (feet) Yard Abutting a Street - Minimum3 2 2 2 2/10 NA Yard Abutting a Street - Maximum4 10 10 10 10 NA Side - Minimum abutting a residential zone 10 10 NA NA NA Rear - Minimum per story abutting a residential zone 10 10 NA NA NA 3In CI zone, minimum yard abutting an Active Edge Street is two feet, and minimum yard not abutting an Active Edge Street is ten feet. 4Maximum yard requirements do not apply to entry features such as alcoves, and to hardscape areas for pedestrian activities such as plazas or outside eating areas. Solar Access: The solar access setback in chapter 18.4.8 Solar Access does not apply in the Croman Mill District. Building Height5 Minimum Number of Stories6 2 2 2 2 NA Maximum Height without Bonus, stories/feet 2.5/35 3/40 3/40 3/40 1/20 Maximum Height with Bonus, stories/feet7 4/50 4/50 5/75 5/75 NA 5Solar energy systems and parapets may be erected up to five feet above the calculated building height, and no greater than five feet above the height limited in the district. 6In the CI zone, second story shall be a minimum of 20% of the gross floor area. 7In the Residential Buffer Zone, the maximum building height with a bonus is 40 feet. Frontage Build Out on Active Edge Street Minimum, percent 65 65 65 65 NA Floor Area Ratio (FAR) - Minimum8 0.6 0.6 0.6 0.5 NA 8Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. ASHLAND LAND USE ORDINANCE 18.3.2.050 18.3-11 18.3.2.060 Table 18.3.2.050. Croman Mill District Dimensional Standards (continued) Croman Mill District Zones1 NC MU OE CI OS Landscaping Coverage - Minimum (% of site) 15% 15% 15% 10% NA 1 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open Space. Site Development and Design Standards A. Street Design and Access. The design and construction of streets and public improvements shall be in accordance with section 18.4.6.040 Street Design Standards, except as otherwise re- quired for the following facilities within the Cro- man Mill District. A change in the design of a street in a manner inconsistent with the Croman Mill District Street Design Standards requires a minor amendment in accordance with subsection 18.3.2.030.B. 1. Central Boulevard. The tree-lined boule- vards along Siskiyou Boulevard and Ashland Street are an easily identifiable feature of Ash- land’s boulevard network. Application of this street design to the central boulevard will create a seamless boulevard loop, linking the Croman Mill District with downtown Ashland. The central boulevard also serves as the front door to the Cro- man Mill District, creating a positive first impres- sion when entering the district. Options addressing the street configuration and intersection geometry will be evaluated with the final design of the cen- tral boulevard. See central boulevard location in Figure 18.3.2.060.A.1.a and street cross section in Figure 18.3.2.060.1.b. 18.3.2.060 CROMAN MILL DISTRICT 18.3-12 Figure 18.3.2.060.A.1.a. Street Framework ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-13 Figure 18.3.2.060.A.1.b. Central Boulevard 2. Phased Street Plan. Build-out of the cen- tral boulevard can be accommodated through a phased development plan. a. Phase I implementation will require the following. i. Maintain the existing Mistletoe Road alignment from Tolman Creek Road to the north- west corner of the Croman Mill site as illustrated in Figure 18.3.2.060.2.a.i. 18.3.2.060 CROMAN MILL DISTRICT 18.3-14 Figure 18.3.2.060.2.a.i. Phase I Central Boulevard ii. Include developer-constructed minor improvements to the existing portion of Mistletoe Road such as a minimum six-foot wide sidewalk on the north side of the street, two 11-foot travel lanes and the addition of a left-turn pocket at the intersection with Tolman Creek Road. iii. A developer-constructed three-lane central boulevard from the northwest corner of the district to Siskiyou Boulevard. b. Phase II implementation will require the following. See Figure 18.3.2.060.2.b. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-15 Figure 18.3.2.060.2.b. Phase II Central Boulevard Alternatives i. Options addressing the street configura- tion and intersection geometry will be evaluated with the final design of the central boulevard. Fi- nal street configuration may involve a modifica- tion in the central boulevard cross section (e.g., delete on-street parking lanes) to address limita- tions to right-of-way width (e.g., existing build- ings). ii. The alternative central boulevard loca- tion and realignment of Tolman Creek Road is contingent upon property owner’s consent, and fu- ture sale and relocation of the existing ODOT maintenance yard. 3. Tolman Creek Road Realignment. Addi- tional traffic will be generated by the redevelop- ment of the Croman Mill District. The alternative central boulevard location includes the realign- ment of Tolman Creek Road with the central boulevard to discourage non-local through traffic in the Tolman Creek neighborhood and in the Bel- lview School area as illustrated in Figure 18.3.2.060.A.3.a and Figure 18.3.2.060.A.3.b. The modifications to the street network will preserve neighborhood character and address impacts to the neighborhood by directing traffic away from the neighborhood and Bellview School, and toward the Croman Mill District while maintaining access to Tolman Creek Road for neighborhood-gener- ated trips as illustrated in Figure 18.3.2.060.A.3.c. Key elements of the realigned Tolman Creek Road include the following. a. Two through traffic lanes and a north- bound turn lane. b. New traffic signal. c. Bike lanes. d. Sidewalks separated from auto traffic by landscaping and canopy trees. e. Landscaped neighborhood gateway. f. Evaluation of the intersection alignment of local streets with Tolman Creek Road including Takelma Way, Grizzly Drive and Nova Drive. 18.3.2.060 CROMAN MILL DISTRICT 18.3-16 Figure 18.3.2.060.A.3.a. Central Boulevard Alternative ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-17 Figure 18.3.2.060.A.3.b. Tolman Creek Road Realignment Figure 18.3.2.060.A.3.c. Neighborhood Center 18.3.2.060 CROMAN MILL DISTRICT 18.3-18 4. Local Commercial Streets. Local commer- cial streets provide district circulation to and from employment uses, the Central Park, and the neigh- borhood center. See Local Commercial Street lo- cations illustrated in Figure 18.3.2.060.A.4.a and the street cross section in Figure 18.3.2.060.A.4.b. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-19 Figure 18.3.2.060.A.4.a. Street Framework 18.3.2.060 CROMAN MILL DISTRICT 18.3-20 Figure 18.3.2.060.A.4.b. Local Commercial Street 5. Protected Bike Lane. The protected bike lane runs parallel to the central boulevard and con- nects with the City’s existing Central Bike Path in two locations – adjacent to the Central Park and at the neighborhood center as illustrated in Figure 18.3.2.060.A.5.a. The design of the protected bike lane should include the following elements, as il- lustrated in Figure 18.3.2.060.A.5.b. a. A grade-separated two-way colored bi- cycle lane buffered from on-street parking by land- scaping. b. A sidewalk separated from the bicycle lane by striping, bollard, grade separation or other treatments. c. Tabled intersections. d. Elimination of auto right turns on red at intersections. e. Incorporate rumble strips along the bike lane at the approaches to all intersections. f. Signage, lighting or other treatments to alert drivers, pedestrians, and riders approaching intersections. g. Consideration of a bikes-only signal phase at signalized intersections. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-21 Figure 18.3.2.060.A.5.a. Pedestrian and Bicycle Framework 18.3.2.060 CROMAN MILL DISTRICT 18.3-22 Figure 18.3.2.060.A.5.b. Protected Bike Lane 6. Multi-Use Paths. The multi-use paths pro- vide pedestrian and bicycle connections between the district and adjacent neighborhood, employ- ment, and commercial areas as illustrated in Figure 18.3.2.060.A.6.a. The plan includes extension of the Central Bike Path and establishment of the Hamilton Creek Greenway trail. The Central Bike Path extends the existing multi-use path along the southern edge of the CORP rail line within a 20-foot wide dedicated easement (see Figure 18.3.2.060.A.6.b and serves as a viable commuter route and link to the downtown. The Hamilton Creek Greenway trail provides access to the neigh- borhood center and an east/west connection across the creek. See the multi-use path and Central Bike Path cross sections in Figure 18.3.2.060.A.6.c, Figure 18.3.2.060.A.6.d, and Figure 18.3.2.060.A.6.e. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-23 Figure 18.3.2.060.A.6.a. Multi-Use Paths 18.3.2.060 CROMAN MILL DISTRICT 18.3-24 Figure 18.3.2.060.A.6.b. Central Bike Path ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-25 Figure 18.3.2.060.A.6.c. Multi-Use Path Figure 18.3.2.060.A.6.d. Central Bike Path 18.3.2.060 CROMAN MILL DISTRICT 18.3-26 Figure 18.3.2.060.A.6.e. Central Bike Path at Accessway 7. Accessways. Accessways are intended to balance circulation needs of pedestrians, bicycles, and vehicular access, and to preserve the grid that encourages development of a form that is of hu- man scale and proportion. Accessways connect the central boulevard to the Central Bike Path and al- low for shared bicycle, travel lanes, optional on- street parking, and temporary loading zones as necessary to serve development sites. See access- way locations in Figure 18.3.2.060.A.7.a and cross sections in Figure 18.3.2.060.A.7.b, and Figure 18.3.2.060.A.7.c. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-27 Figure 18.3.2.060.A.7.a. Street Framework 18.3.2.060 CROMAN MILL DISTRICT 18.3-28 Figure 18.3.2.060.A.7.b. Accessway: Multi-Use Path Option ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-29 Figure 18.3.2.060.A.7.c. Accessway: Full Street Option 8. Limited Auto Access Streets. Develop- ments abutting the central boulevard and the Cen- tral Park shall not have curb cuts through the sidewalk and the protected bike lane on the limited auto access streets. See Figure 18.3.2.060.A.8 for locations of limited auto access streets. A modifi- cation of a driveway access location in a manner inconsistent with the Croman Mill District Stan- dards requires a minor amendment in accordance with subsection 18.3.2.030.B. 18.3.2.060 CROMAN MILL DISTRICT 18.3-30 Figure 18.3.2.060.A.8. Limited Auto Access Streets 9. Access – General Standards. Street and driveway access points in the Croman zones shall be limited to the following. a. Distance Between Driveways On Collector Streets – 75 feet On Local Streets and Accessways – 50 feet b. Distance from Intersections On Collector Streets – 50 feet On Local Streets and Accessways – 35 feet 10. Shared Access. All lots shall provide a shared driveway aisle to abutting parking areas that is at least 20 feet in width. The applicant shall grant a common access easement across the lot. If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and not from the street frontage. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-31 11. On-Street Parking. On-street parallel parking may be required along the central boule- vard and local streets as illustrated in Figure 18.3.2.060.A.10. Options addressing the street configuration will be evaluated with the final de- sign of the streets identified on the On-Street Park- ing map. Figure 18.3.2.060.A.10. On-Street Parking B. Site and Building Design Standards. The Croman Mill District Design Standards provide specific requirements for the physical orientation, uses, and arrangement of buildings; the manage- ment of parking; and access to development parcels. Development located in the Croman Mill 18.3.2.060 CROMAN MILL DISTRICT 18.3-32 District shall be designed and constructed consis- tent with the following design standards. Addi- tional design standards apply and are specified for developments located adjacent to an active edge street, or that are located within the NC, MU, and OE zones. A site layout, landscaping, or building design in a manner inconsistent with the Croman Mill District Design Standards requires a minor amendment in accordance with subsection 18.3.2.030.C. 1. Building Orientation and Scale – General Requirements. The following standards apply to all buildings, except the Staff Advisor may waive one or more of the following where a building is not adjacent to an active edge street and is not ac- cessed by pedestrians, such as warehouses and in- dustrial buildings without attached offices: a. Buildings shall have their primary ori- entation toward the street rather than the parking area. Building entrances shall be oriented toward the street and shall be accessed from a public side- walk. b. All front doors must face streets and walkways. Where buildings are located on a cor- ner lot, the entrance shall be oriented toward the higher order street or to the lot corner at the inter- section of the streets. c. Buildings on corner lots shall be located as close to the intersection corner as practicable. d. Public sidewalks shall be provided ad- jacent to a public street along the street frontage. e. Building entrances shall be located within ten feet of the public right-of-way to which they are required to be oriented. Exceptions may be granted for topographic constraints, lot config- uration, designs where a greater setback results in an improved access or for sites with multiple buildings where this standard is met by other buildings. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. f. Automobile circulation or parking shall not be allowed between the building and the right- of-way. g. Buildings shall incorporate lighting and changes in mass, surface or finish giving emphasis to entrances. 2. Building Orientation and Scale – Additional Requirements Adjacent to Active Edge Street or Within NC, MU or OE Zones. Where de- velopment is adjacent to an active edge street as illustrated in Figure 18.3.2.060.B.2 or is within a NC, MU or OE zone, it shall conform to all of the following standards: ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-33 Figure 18.3.2.060.B.2. Active Edge Streets a. Buildings shall be set back not more than ten feet from a public sidewalk unless addi- tional setback area is used for pedestrian entries, such as alcoves, or for pedestrian activities such as plazas or outside eating areas. This standard shall apply to both street frontages on corner lots. If more than one structure is proposed for a site, at least 65 percent of the aggregate building frontage shall be within ten feet of the sidewalk. b. Building frontages greater than 100 feet in length shall have offsets, jogs or have other dis- tinctive changes in the building façade. c. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. 18.3.2.060 CROMAN MILL DISTRICT 18.3-34 d. Buildings shall incorporate display ar- eas, windows, and doorways as follows. Windows must allow view into working areas or lobbies, pedestrian entrances, or displays areas. Blank walls within 30 feet of the street are prohibited. e. At least 50 percent of the first-floor façade is comprised of transparent openings (clear glass) between three and eight feet above grade. 3. Building Orientation for Within the NC, MU, and OE Zones, and Not Adjacent to an Active Edge Street. Any wall that is within 30 feet of the street, plaza or other park or common open space shall contain at least 20 percent of the wall area facing the street in display areas, windows, or doorways. Up to 40 percent of the length of the building perimeter can be exempted for this stan- dard if oriented toward loading or service areas. 4. Parking Areas and On-Site Circulation. Except as otherwise required by this chapter, au- tomobile parking, loading, and circulation areas shall comply with the requirements of part 18.4, Site Development and Design Standards, and the following standards: a. Primary parking areas shall be located behind buildings with limited parking on one side of the building, except that parking shall be lo- cated behind buildings only where development is adjacent to an active edge street or is within a NC, MU or OE zone. b. Parking areas shall be shaded by decid- uous trees, buffered from adjacent non-residential uses and screened from non-residential uses. 5. Streetscapes. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street. Street trees shall meet the stan- dards of section 18.4.4.030, Landscaping and Screening. Developments adjacent to active edge streets or within NC, MU, and OE zones shall uti- lize hardscape (paving material) to designate peo- ple areas. Sample materials could be unit masonry, scored and colored concrete, pavers, or combina- tions of these materials. 6. Building Materials. Buildings may not in- corporate glass as a majority of the building skin, and bright or neon paint colors used extensively to attract attention to the building or use are prohib- ited. 7. Building Height Standards. All buildings shall have a minimum height, as indicated in the Building Height Requirements map and Table 18.3.2.050, Croman Mill Dimensional Standards, and shall not exceed the maximum height stan- dards in that table, except as approved under sub- section 18.3.2.060.C. a. Street Wall Height. Maximum street wall façade height for the Croman Mill District for all structures located outside the Residential Buffer Zone is 50 feet. b. Upperfloor Setback. Buildings taller than 50 feet must step back upper stories, begin- ning with the fourth story, by at least six feet mea- sured from the façade of the street wall facing the street, alleyway, park or common open space. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-35 c. Residential Buffer Zone. All buildings in the Croman Mill District within the Residential Buffer Zone (see Figure 18.3.2.060.B.7.c) shall meet the following height standards: Figure 18.3.2.060.B.7.c. Residential Buffer Zone i. Maximum Height. The maximum height allowance without a performance standards bonus for all structures within the Residential Buffer Zone is 35 feet in the NC zone and 40 feet in the MU zone, and the maximum height with a bonus is 40 feet in accordance with subsection 18.3.2.060.C.13. ii. Upper Floor Setback Requirements. Buildings taller than two stories must step back the third story by at least six feet measured from the façade facing the street, alleyway, park or common open space. 18.3.2.060 CROMAN MILL DISTRICT 18.3-36 8. Design of Large-Scale Buildings. For buildings located adjacent to active edge streets, or within NC, MU, and OE Zones, the following architectural standards apply to buildings with a gross floor area greater than 10,000 square feet, a façade length in excess of 100 feet, or a height taller than 45 feet: a. On upper floors, use windows and/or ar- chitectural features that provide interest on all four sides of the building. b. Use recesses and projections to visually divide building surfaces into smaller scale ele- ments. c. Use color or materials to visually reduce the size, bulk, and scale of the building. d. Divide large building masses into heights and sizes that relate to human scale by in- corporating changes in building masses or direc- tion, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale light- ing. e. On-site circulation systems shall incor- porate a streetscape containing curbs, sidewalks, pedestrian-scale light standards and street trees. 9. Landscaping. In addition to the require- ments of chapter 18.4.4, Landscaping, Lighting, and Screening, development shall conform to the following standards: a. Efforts shall be made to save as many existing healthy trees and shrubs on the site as pos- sible. b. Landscaping design shall utilize a va- riety of low water use deciduous and evergreen trees, shrubs, and flowering plant species as de- scribed in subsection 18.4.4.030.I. c. For developments in the CI zone and not adjacent to an active edge street, buildings ad- jacent to streets shall be buffered by landscaped areas at least ten feet in width, unless the area is used for entry features such as alcoves or as hard- scape areas for pedestrian activities such as plazas or outside eating areas. d. Loading facilities shall be screened and buffered when adjacent to residentially zoned land. e. Landscaping shall be designed so that 50 percent coverage occurs after one year and 90 percent coverage occurs after five years. f. Irrigation systems shall be installed to ensure landscaping success. 10. Lighting. Development shall provide ad- equate lighting, including pedestrian-scale lighting not greater than 14 feet in height along pedestrian pathways. All lighting shall conform to section 18.4.4.050, Outdoor Lighting. 11. Screening Mechanical Equipment. In ad- dition to meeting the requirements of chapter 18.4.4, Landscaping, Lighting, and Screening, all development shall conform to the following stan- dards: a. Screen rooftop mechanical equipment from public rights-of-way or adjacent residentially zoned property through extended parapets or other roof forms that are integrated into the overall com- position of the building. b. Parapets may be erected up to five feet above the height limit specified in the district in accordance with section 18.3.2.050, Dimensional Standards. c. Screen ground floor mechanical equip- ment from public rights-of-way and adjacent resi- dentially zoned property. d. Solar energy systems are exempt from the screening requirements in subsections 18.3.2.060.B.11.a and 18.3.2.060.B.11.c, above. Additionally, rooftop solar energy systems may be erected up to five feet above the calculated building height, and shall be no greater than five feet above the height limit specified in the district in accordance with Table 18.3.2.050, Dimensional Standards. e. Installation of mechanical equipment requires Site Design Review approval, unless oth- erwise exempted per chapter 18.5.2, Site Design Review. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-37 12. Transit Facilities Standards. The location of planned transit routes within the Croman Mill District shall be defined according to the Croman Mill District Transit Framework map (see Figure 18.3.2.060.B.12) in collaboration with the local transit authority. Transit service facilities such as planned bus rapid transit fa- cilities, shelters, and pullouts shall be integrated into the development application consistent with the follow- ing standards: Figure 18.3.2.060.B.12. Transit Framework 18.3.2.060 CROMAN MILL DISTRICT 18.3-38 a. All large scale development located on an existing or planned transit route shall accommodate a transit stop and other associated transit facilities unless the Community Development Director determines that adequate transit facilities already exist to serve the needs of the development; or b. Provide the City with a bond or other suitable collateral ensuring satisfactory completion of the transit facilities at the time transit service is provided to the development. Suitable collateral may be in the form of security interest, letters of credit, certificates of deposit, cash bonds, bonds or other suitable collateral as determined by the City Manager. 13. Freight Rail Spur Easement – CI zone. a. A rail spur easement a minimum of 500 feet in length by 25 feet in width shall be set aside at the approximate location in the Transit Framework Map in Figure 18.3.2.060.B.12 (see also easement area in Figure 18.3.2.060.B.13.a). Figure 18.3.2.060.B.13.a. Freight Rail Spur b. No buildings or permanent structures can be established within the spur easement so as not to preclude installation of a rail spur for freight loading and unloading. c. Buildings adjacent to the reserve strip shall be designed and configured to permit loading and unloading. 14. Commuter Rail Platform Easement – NC Zone. a. A commuter rail platform easement or designated railroad right-of-way a minimum of 400 feet in length and 25 feet in width shall be set aside at the approximate location presented on the Transit Framework map (see also easement area in Figure 18.3.2.060.B.14.a). ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-39 Figure 18.3.2.060.B.14.a. Transit Center b. No building or permanent structure shall be placed within the platform easement or in such a way as to preclude installation of a com- muter rail platform or planned bus rapid transit fa- cility. c. Buildings adjacent to the reserve strip shall be designed and configured to permit loading and unloading. 15. Transit Plaza. A location for the transit plaza shall be reserved between the commuter rail platform and commercial uses along the central boulevard. The design of the plaza as illustrated in Figure 18.3.2.060.B.15 shall include the following elements: a. A passenger waiting, loading, and un- loading area. b. Outdoor gathering space adjacent to commercial uses. c. Accommodate the central bike path. d. Conveniently located and secure bike parking. 18.3.2.060 CROMAN MILL DISTRICT 18.3-40 Figure 18.3.2.060.B.15. Transit Plaza 16. Central Park. The purpose of the central park is to serve as a public amenity and accommodate the daily needs of employees (e.g., breaks, lunch time) as well as for special events that will attract residents citywide. The central park design as illustrated in Figure 18.3.2.060.B.16 shall provide a minimum of the fol- lowing elements: Figure 18.3.2.060.B.16. Central Park a. Circulation through and around the central park. b. A centrally located hardscape area to accommodate large gatherings, and of no more than 50 per- cent of the total central park area. c. Street furniture, including lighting, benches, low walls, and trash receptacles along walkways and the central park perimeter. d. Simple and durable materials. e. Trees and landscaping that provide visual interest with a diversity of plant materials. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-41 f. Irregular placement of large-canopy trees within passive areas adjacent to the central boulevard. g. Eight-foot minimum sidewalk width and seven-foot minimum park row width. h. Landscaped swales to capture and treat runoff. i. Porous solid surfacing for at least 50 percent of the hardscape area, and paving materials that reduce heat absorption (Solar Reflective Index (SRI) of at least 29). 17. Compact Development. New develop- ment shall provide a compact development pat- tern. This standard is met where the site layout enables future intensification of development and changes to land use over time, as applicable. The following measures shall be used to demonstrate compliance with this standard. a. The development achieves the required minimum floor area ratio (FAR) and minimum number of stories, or shall provide a shadow plan that demonstrates how development may be inten- sified over time for more efficient use of land and to meet the required FAR and minimum number of stories. b. Opportunities for shared parking are utilized. C. Green Development Standards. The Cro- man Mill District Green Development Standards provide specific requirements for the management of storm water run-off, use and collection of recy- cled materials, solar orientation and building shad- ing, and conserving natural areas. Development located in the Croman Mill District shall be de- signed and constructed consistent with the follow- ing Green Development Standards. A site layout, landscaping, or building design in a manner incon- sistent with the Croman Mill District Green Devel- opment Standards requires a minor amendment in accordance with subsection 18.3.2.030.B. 1. Conserve Natural Areas. Development plans shall preserve water quality, natural hydrol- ogy, and habitat, and preserve biodiversity through protection of streams and wetlands. In addition to the requirements of chapter 18.3.11 Water Re- sources Overlay, conserving natural water systems shall be considered in the site design through ap- plication of the following standards. a. Designated stream and wetland protec- tion areas shall be considered positive design ele- ments and incorporated in the overall design of a given project. b. Native riparian plant materials shall be planted in and adjacent to the creek to enhance habitat. c. Create a long-term management plan for on-site wetlands, streams, associated habitats, and their buffers. 2. Create Diverse Neighborhoods. Develop- ment plans shall use the following measures to encourage diversity in the district by providing a balanced range of housing types that compliment a variety of land uses and employment opportuni- ties. a. Differentiate units by size and number of bedrooms. b. For developments including more than four dwelling units, at least 25 percent of the total units shall be designated as rental units. c. Affordable purchase housing provided in accordance with the standards established by section 18.2.5.050 Affordable Housing Standards for households earning at or below 80 percent of the area median income shall apply toward the re- quired percentage of rental housing per subsection 18.3.2.060.C.2.b, above. d. Units designated as market rate or af- fordable rental units shall be retained as one con- dominium tract under one ownership. 3. Design Green Streets. Development plans shall conform to the following standards for green streets. a. New streets shall be developed to cap- ture and treat storm water in a manner consistent with the Croman Mill District Stormwater Man- agement Plan map, the Ashland Stormwater Mas- ter Plan and Green Streets Standards. b. All development served by planned green streets shall accommodate said facilities by including the same in the development plan; and/or provide the City with a bond or other suit- able collateral ensuring satisfactory completion of the green street(s) at the time full street network improvements are provided to serve the develop- ment. Suitable collateral may be in the form of security interest, letters of credit, certificates of deposit, cash bonds, bonds or other suitable col- lateral as determined by the City Manager. See locations of green streets illustrated in Figure 18.3.2.060 CROMAN MILL DISTRICT 18.3-42 18.3.2.060.C.3.b.i and the street cross section in Figure 18.3.2.060.C.3.b.ii. ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-43 Figure 18.3.2.060.C.3.b.i. Stormwater Management Plan 18.3.2.060 CROMAN MILL DISTRICT 18.3-44 Figure 18.3.2.060.C.3.b.ii. Green Streets 4. Design Green Surface Parking. Develop- ment shall minimize the adverse environmental and microclimatic impacts of parking lots by using a maximum of 25 percent of the project area for surface parking. Parking areas shall conform to the standards of chapter 18.4.3 Parking, Access, and Circulation, chapter 18.4.4 Landscaping, Lighting, and Screening, and the applicable provisions of this chapter. 5. Storm Water Management. Development shall reduce the public infrastructure costs and ad- verse environmental effects of storm water run-off by managing run-off from building roofs, drive- ways, parking areas, sidewalks, and other hard sur- faces through implementation of the following standards. a. Design grading and site plans to capture and slow runoff. b. Use porous solid surfaces that allow water to infiltrate the soil. c. Direct discharge storm water runoff into a designated green street and neighborhood storm water treatment facilities. d. Retain rainfall on-site through infiltra- tion, evapotranspiration or through capture and reuse techniques. 6. Recycling Areas. All developments in the Croman Mill District shall provide an opportunity- to-recycle site for use of the project occupants, pursuant to the following standards. a. Non-residential development shall pro- vide a site to accommodate materials collected by the local solid waste franchisee under its on-route collection program for purposes of recycling that is of equal or greater size and with access compa- rable to the solid waste receptacle. b. All newly constructed residential units, either as part of an existing development or as a new development, shall provide an opportunity-to- recycle site in accord with the following standards. i. Residential developments not sharing a common solid waste receptacle shall provide an individual curbside-recycling container for each dwelling unit in the development. ii. Residential developments sharing a common solid waste receptacle shall provide a site to accommodate materials collected by the local ASHLAND LAND USE ORDINANCE 18.3.2.060 18.3-45 solid waste franchisee under its on-route collection program for purposes of recycling that is of equal or greater size and with access comparable to the solid waste receptacle. c. Both opportunity-to-recycle sites and common solid waste receptacles shall be screened by fencing or landscaping, such as to limit the view of such facilities from adjacent properties or public rights-of-way. Such screening shall consist of placement of a solid wood, metal, or masonry wall from five to eight feet in height. All refuse and recycle materials shall be contained within the refuse area. 7. Minimize Construction Impacts. Con- struction activity shall minimize pollution and waste generation through the following measures. a. Develop and implement an erosion and sediment control plan to reduce pollution from construction activities by controlling soil erosion, waterway sedimentation, and airborne dust gener- ation in accordance with Ashland Public Works Standards. The erosion and sediment control plan shall be submitted with the final engineering for public improvements and building permits. b. Recycle and/or salvage non-hazardous construction and demolition debris in accordance with the Building Demolition Debris Diversion re- quirements in 15.04.216.C. 8. Potable Water Reduction for Irrigation. Development plans shall provide water-efficient landscape irrigation designs that reduces the use of potable water by at least 50 percent of the baseline. See definition of baseline under water conserv- ing landscaping in 18.6. Landscape and irrigation design, along with irrigation schedules shall con- form to subsection 18.4.4.030.I. Methods used to accomplish the requirements of this section may include, but are not limited to, plant species selec- tion, irrigation efficiency, proper scheduling, and use of captured rainwater, recycled water, graywa- ter, and/or water treated for irrigation purposes and conveyed by a water district or public utility. 9. Solar Orientation. In addition to comply- ing with the applicable provisions of subsection 18.3.2.060.B Site and Building Design, develop- ment plans shall incorporate passive and active solar strategies in the design and orientation of buildings and public spaces. When site and loca- tion permit, orient the building with the long sides facing north and south. 10. Building Shading. In order to promote energy conservation, development plans shall in- corporate shade features as follows. a. Provide horizontal exterior shading de- vices for south-facing windows to control solar gain during the peak cooling season. b. Provide vertical exterior shading de- vices for east- and west-facing windows to control solar gain and glare due to low sun angles during the peak-cooling season. c. A combination of horizontal and verti- cal exterior shading devices may be necessary to control solar gain on southwest- and southeast-fac- ing windows. 11. Recycled Content in Infrastructure. For new streets, driveways, parking lots, sidewalks, and curbs, the aggregate materials shall be at least 50 percent by volume recycled aggregate materials such as crushed Portland cement concrete and as- phalt concrete. Above-ground structured parking and underground parking are exempt from this re- quirement. 12. Outdoor Lighting. Outdoor lighting, in addition to complying with section 18.4.4.050 Outdoor Lighting, shall use down-shielded light fixtures that do not allow light to emit above the 90-degree plane of the fixture. Lighting fixtures provided to implement Federal Aviation Admin- istration mitigation measures to enhance safe air navigation are exempt from this standard. 13. Performance Standard Bonuses. The per- mitted building height or base residential density, whichever is applicable, shall be increased by the number of stories or percentage residential density as outlined below. In no case shall the building height or residential density exceed the height and density bonus maximums in the Table 18.3.2.050 Croman Mill Dimensional Standards. a. Green Building Bonus. Projects that achieve a high performance green building stan- dard and significantly improve energy perfor- mance beyond the current minimum Oregon requirements are eligible for a building height bonus as follows. i. In the event that a building or struc- ture is determined to be meet the standard for LEED® certified building, the building height 18.3.2.060 CROMAN MILL DISTRICT 18.3-46 18.3.2.070 may exceed the maximum height specified for the CM zones within the Table 18.3.2.050 Dimen- sional Standards, through application of a height bonus as follows. (A) A building obtaining LEED® certification as meeting the LEED® Silver Stan- dard may be increased in height by up to one story. (B) A building obtaining LEED® certification as meeting the LEED® Gold Stan- dard may be increased in height by up to two sto- ries. (C) A building in the Residential Buffer overlay obtaining LEED® certification as meeting the LEED® Silver or Gold Standard may be increased in height by ½ story up to a maximum height of 40 feet. (D) Applications to increase the building height in excess of the maximum per- mitted height through the application of a height bonus shall address any conditional determination by the Federal Aviation Administration requesting air navigation safety mitigation measures. ii. Demonstration of Achieving LEED® Certification. Projects awarded a height bonus pursuant to this section, shall provide the City with satisfactory evidence of having com- pleted the following steps in the process toward demonstrating achievement of LEED® certifica- tion. (A) Hiring and retaining a LEED® accredited professional as part of the project team throughout design and construction of the project. (B) Developments seeking a height bonus shall provide documentation with the plan- ning application, and prior to issuance of a build- ing permit, that the proposed development as designed and constructed will meet or exceed the equivalent LEED® standard relating to the height bonus awarded. (C) A final report shall be prepared by the LEED® accredited professional and pre- sented to the City upon completion of the project verifying that the project has met, or exceeded, the LEED® standard relating to the height bonus awarded. (D) The report shall produce a LEED® compliant energy model following the methodology outlined in the LEED® rating sys- tem. The energy analysis done for the building per- formance rating method shall include all energy costs associated with the building project. b. Structured Parking Bonus. A building may be increased by up to one story in height when voluntarily provided automobile parking is accommodated underground or within a private structured parking facility, subject to building height limitations for the zoning district. c. Affordable Housing Bonus. i. For every percent of units that are af- fordable, an equivalent percentage of density bonus shall be allowed up to a maximum bonus of 100 percent. ii. Affordable housing bonus shall be for residential units that are affordable for mod- erate-income persons in accordance with the stan- dards established by section 18.2.5.050 Affordable Housing Standards, and guaranteed affordable through procedures contained therein. 14. Employment Density. To promote transit supportive development, efficient use of employ- ment zoned lands and local economic vitality, it is recommended that developments within the Cro- man Mill District are planned to accommodate em- ployment densities as follows. a. 60 employees per acre in the OE zone. b. 25 employees per acre in the CI zone. c. 25 employees per acre in the MU zone. d. 20 employees per acre in the NC zone. (Ord. 3229 § 4, amended, 12/19/2023; Ord. 3192 § 120, amended, 11/17/2020; Ord. 3191 § 8, amended, 11/17/2020) Open Space Zone All projects containing land identified as open space on the Croman Mill District Zoning map shall dedicate those areas as park or common open space. It is recognized that the master planning of the properties as part of the Croman Mill Site Re- development Plan imparted significant value to the land, and the required dedication of those lands within the Croman Mill District for open space and conservation purposes is proportional to the value bestowed upon the property through the change in zoning designation. ASHLAND LAND USE ORDINANCE 18.3.2.070 18.3-47 18.3.2.070 CROMAN MILL DISTRICT 18.3-48 ASHLAND LAND USE ORDINANCE 18.3.2.070 18.3-49 18.3.2.070 CROMAN MILL DISTRICT 18.3-50 ASHLAND LAND USE ORDINANCE 18.3.2.070 18.3-51 18.3.2.070 CROMAN MILL DISTRICT 18.3-52 ASHLAND LAND USE ORDINANCE 18.3.2.070 18.3-53 (Ord. 3191 § 9, amended, 11/17/2020) 18.3-54 This page left blank intentionally. 18.3.3.010 18.3.3.020 18.3.3.030 18.3.3.040 18.3.3.045 18.3.3.050 18.3.3.060 18.3.3.010 18.3.3.020 Chapter 18.3.3 HEALTH CARE SERVICES DISTRICT Sections: Purpose. Applicability. Permitted Uses. Conditional Uses. Special Permitted Uses. General Regulations. Other Regulations. Purpose This district is designed to provide the type of environment suitable for the development of health related services and residential uses, and re- lated activities, while reducing the conflicts be- tween uses through appropriate design. Applicability This chapter applies to properties designated as HC on the Zoning Map. ASHLAND LAND USE ORDINANCE 18.3.3.020 18.3-55 18.3.3.020 HEALTH CARE SERVICES DISTRICT 18.3-56 Fi g u r e 1 8 . 3 . 3 . 0 2 0 . He a l t h C a r e S e r v i c e s D i s t r i c t ASHLAND LAND USE ORDINANCE 18.3.3.020 18.3-57 18.3.3.030 18.3.3.040 18.3.3.045 18.3.3.050 18.3.3.060 Permitted Uses The following uses and their accessory uses are permitted outright. A. Residential and agricultural uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not lim- ited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupa- tional therapists, substance abuse counselors, chi- ropractors, and wellness centers, including nutritional counseling, health maintenance, and re- habilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living fa- cilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Com- munity Hospital Master Facility Plan adopted by the City by ordinance. Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits. A. Limited personal service providers in the home, such as beauticians and masseurs. B. Travelers’ accommodations, subject to the requirements of the R-2 zone. C. Professional offices for an accountant, ar- chitect, attorney, designer, engineer, insurance agent or adjuster, investment or management counselor or surveyor. D. Any medically related use, located on City- owned property that is not specifically allowed by the Ashland Community Hospital Master Facility Plan. E. Wireless Communication Facilities autho- rized pursuant to chapter 18.4.10 Wireless Com- munication Facilities. Special Permitted Uses The following uses are permitted when autho- rized in accordance with the special permitted uses standards detailed below: A. Food trucks and food carts, subject to the re- quirements of section 18.2.3.145. (Ord. 3216 § 7, added, 03/15/2023) General Regulations A. Minimum Lot Area. Minimum lot area shall be 5,000 square feet. B. Minimum Lot Width. Minimum lot width shall be 50 feet. C. Minimum Lot Depth. All lots shall have a minimum depth of 80 feet. No lot depth shall be more than two and one-half times its width. D. Standard Yard Requirements. 1. Front yard, 20 feet 2. Side yards (interior), six feet 3. Street-Side yard/side yard abutting a pub- lic street, ten feet. 4. Rear yard, ten feet, plus ten feet for each story in excess of one story. E. Special Yards - Distances Between Buildings. 1. The distance between any primary struc- ture and accessory building shall be a minimum of ten feet. 2. An inner court providing access to a dou- ble-row dwelling group shall be a minimum of 20 feet. F. Maximum Height. No structure shall be over 35 feet in height. G. Maximum Coverage. Maximum lot cover- age shall be 65 percent. H. Solar Access. In addition to the above min- imum requirements, compliance with chapter 18.4.8 Solar Access is required. Other Regulations Where the other regulations in this ordinance do not refer to the HC zone, the standards for the R-2 zone (part 18.2 Zoning Regulations) shall apply. 18.3.3.030 HEALTH CARE SERVICES DISTRICT 18.3-58 18.3.4.010 18.3.4.020 18.3.4.030 18.3.4.040 18.3.4.050 18.3.4.060 18.3.4.065 18.3.4.070 18.3.4.075 18.3.4.080 18.3.4.010 18.3.4.020 18.3.4.030 Chapter 18.3.4 NORMAL NEIGHBORHOOD DISTRICT Sections: Purpose. Applicability. General Regulations. Use Regulations. Dimensional Regulations. Site Development and Design Standards. Exception to the Site Development and Design Standards. Open Space Area Overlay. Advance Financing District [Reserved]. Review and Approval Procedure. Purpose The neighborhood is designed to provide an en- vironment for traditional neighborhood living. The Normal Neighborhood Plan is a blueprint for pro- moting a variety of housing types while preserving open spaces, stream corridors, wetlands, and other significant natural features. The neighborhood commercial area is designated to promote neigh- borhood serving businesses with building designs that reflect the character of the neighborhood and where parking is managed through efficient on- street and off-street parking resources. The neigh- borhood will be characterized by a connected network of streets and alleys, paths and trails, with connection to the natural areas, wetlands, and streams. This network will also connect to the larger network of regional trails, paths, and streets beyond the boundaries of the neighborhood. The development of the neighborhood will apply prin- ciples of low impact development to minimize the extent and initial cost of new infrastructure and to promote the benefits of storm water management. Applicability This chapter applies to properties designated as Normal Neighborhood District on the Ashland Zoning Map, and pursuant to the Normal Neigh- borhood Plan adopted by Ordinance #3117, 3118 & 3119 (December 15, 2015). Development located within the Normal Neighborhood District is required to meet all applicable sections of this ordinance, except as otherwise provided in this chapter; where the provisions of this chapter con- flict with comparable standards described in any other ordinance, resolution or regulation, the pro- visions of the Normal Neighborhood District shall govern. General Regulations A. Conformance with the Normal Neighborhood Plan. Land uses and development, including construction of buildings, streets, multi- use paths, and common open space shall be lo- cated in accordance with those shown on the Normal Neighborhood Plan maps adopted by Or- dinances 3117, 3118 and 3119 (December 15, 2015). B. Performance Standards Overlay. All ap- plications involving the creation of three or more lots shall be processed under chapter 18.3.9, Per- formance Standards Option and PSO Overlay. C. Amendments. Major and minor amend- ments to the Normal Neighborhood Plan shall comply with the following procedures: 1. Major and Minor Amendments. a. Major amendments are those that result in any of the following: i. A change in the land use overlay des- ignation. ii. A change in the maximum building height dimensional standards in section 18.3.4.050 iii. A change in the allowable base den- sity, dwelling units per acre, in section 18.3.4.050. iv. A change in the Plan layout that eliminates a street, access way, multi-use path or other transportation facility. v. A change in the Plan layout that pro- vides an additional vehicular access point onto East Main Street or Clay Street. vi. A change not specifically listed un- der the major and minor amendment definitions. b. Minor amendments are those that result in any of the following: i. A change in the Plan layout that re- quires a street, access way, multi-use path or other transportation facility to be shifted 50 feet or more in any direction as long as the change maintains the connectivity established by Normal Avenue Neighborhood Plan. ASHLAND LAND USE ORDINANCE 18.3.4.030 18.3-59 18.3.4.040 ii. A change in a dimensional standard requirement in section 18.3.4.050, but not includ- ing height and residential density. iii. A change in the Plan layout that changes the boundaries or location of an open space area to correspond with a delineated wetland and water resource protection zone, or relocation of a designated open space area. 2. Major Amendment – Type II Procedure. A major amendment to the Normal Neighborhood Plan is subject to a public hearing and decision un- der a Type II Procedure. A major amendment may be approved upon finding that the proposed modi- fication will not adversely affect the purpose of the Normal Neighborhood Plan. A major amendment requires a determination by the City that: a. The proposed amendment maintains the transportation connectivity established by the Nor- mal Neighborhood Plan. b. The proposed amendment furthers the street design and access management concepts of the Normal Neighborhood Plan. c. The proposed amendment furthers the protection and enhancement of the natural systems and features of the Normal Neighborhood Plan, in- cluding wetlands, stream beds, and water resource protection zones by improving the quality and function of existing natural resources. d. The proposed amendment will not re- duce the concentration or variety of housing types permitted in the Normal Neighborhood Plan. e. The proposed amendment is necessary to accommodate physical constraints evident on the property, or to protect significant natural fea- tures such as trees, rock outcroppings, streams, wetlands, water resource protection zones, or sim- ilar natural features, or to adjust to existing prop- erty lines between project boundaries. 3. Minor Amendment. a. Type I Procedure. Minor amendments to the Normal Neighborhood Development Plan as identified in subsections 18.3.4.030.C.1.b.i and 18.3.4.030.C.1.b.ii are subject to an administrative decision under the Type I Procedure. b. Type II Procedure. A minor amendment to the Normal Neighborhood Development Plan as identified in subsection 18.3.4.030.C.1.b.iii is sub- ject to a public hearing and decision under a Type II Procedure. c. Minor amendments are subject to the exception to the site design and use development standards of subsection 18.5.2.050.E. (Ord. 3191 § 10, amended, 11/17/2020) Use Regulations A. Plan Overlay Zones. There are four Land Use Designation Overlay zones within the Normal Neighborhood Plan, intended to accommodate a variety of housing opportunities, preserve natural areas and provide open space. 1. Plan NN-1-5 Zone. The use regulations and development standards are intended to create, maintain and promote a single-family dwelling neighborhood character. A variety of housing types is allowed, in addition to the detached single dwelling. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-fam- ily dwelling neighborhood is maintained. 2. Plan NN-1-3.5 Zone. The use regulations and development standards are intended to create, maintain and promote single-family dwelling neighborhood character. A variety of housing types is allowed including multiple compact at- tached and/or detached dwellings. Dwellings may be grouped around common open space promoting a scale and character compatible with single-fam- ily homes. Development standards that are largely the same as those for single-family dwellings en- sure that the overall image and character of the sin- gle-family dwelling neighborhood is maintained. 3. Plan NN-1-3.5-C Zone. The use regula- tions and development standards are intended to provide housing opportunities for individual households through development of multiple com- pact attached and/or detached dwellings with the added allowance for neighborhood-serving com- mercial mixed-uses so that many of the activities of daily living can occur within the Normal Neigh- borhood. The public streets within the vicinity of the NN-1-3.5-C overlay are to provide sufficient on-street parking to accommodate ground floor neighborhood business uses. 4. Plan NN-2 Zone. The use regulations and development standards are intended to create and maintain a range of housing choices, including multifamily housing within the context of the res- idential character of the Normal Neighborhood Plan. 18.3.4.040 NORMAL NEIGHBORHOOD DISTRICT 18.3-60 B. Allowed Uses. 1. Uses Allowed in Normal Neighborhood District. Allowed uses include those that are per- mitted, 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, follow- ing the procedures of section 18.1.5.040, Similar Uses. All uses are subject to the development stan- dards of the zone in which they are located, any applicable overlay zone(s), and the review proce- dures of part 18.5. See section 18.5.1.020, Deter- mination of Review Procedure. a. Permitted Uses. Uses listed as “Permit- ted (P)” are allowed. b. Permitted Subject to Special Use Standards. Uses listed as “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter 18.2.3, Special Use Stan- dards. c. Conditional Uses. Uses listed as “Con- ditional Use Permit Required (C)” are allowed subject to the requirements of chapter 18.5.4, Con- ditional 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 18.1.5.040, Similar Uses, are prohibited. 2. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, Base Zones, additional land use standards or use restrictions apply within overlay zones. An over- lay zone may also provide for exceptions to some standards of the underlying zone. 3. Mixed-Use. Uses allowed in a zone indi- vidually 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. Table 18.3.4.040. Normal Neighborhood District Uses Allowed by Zone1 Normal Neighborhood District Zones2 NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 A. Residential Uses Single-Family Dwelling P P N N Accessory Residential Unit, section 18.2.3.040 P or S P or S P or S N Duplex P P P P Cottage Housing P N N N Clustered Residential Units N P P P Multifamily Dwelling N P P P Manufactured Home on Individual Lot P P P P Manufactured Housing Development N P P P B. Neighborhood Business and Service Uses Home Occupation P P P P Retail Sales and Services, with each building limited to 3,500 square feet of gross floor area N N P N ASHLAND LAND USE ORDINANCE 18.3.4.040 18.3-61 18.3.4.050 Table 18.3.4.040. Normal Neighborhood District Uses Allowed by Zone1 (continued) Normal Neighborhood District Zones2 NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 Professional and Medical Offices, with each building limited to 3,500 square feet of gross floor area N N P N Light manufacturing or assembly of items occupying 600 square feet or less, and contiguous to the permitted retail use N N P N Restaurants N N P N Food Trucks and Food Carts (Subject to the Requirements of Section 18.2.3.145) N N S N Day Care Center N N P N Assisted Living Facilities N C C C C. Residential Uses Religious Institutions and Houses of Worship C C C C Public Buildings P P P P Community Gardens P P P P Open Space and Recreational Facilities P P P P 1 Key: P = Permitted Uses; S = Permitted with Special Use Standards; C = Conditional Use Permit Required; N = Not Allowed. 2 Zones: NN-1-5 = Single-Family Residential; NN-1-3.5 = Suburban Residential; N-N-1-3.5-C = Suburban Residential with Commercial; NN-2 = Multifamily Residential. (Ord. 3216 § 6, amended, 03/15/2023; Ord. 3199 § 12, amended, 06/15/2021; Ord. 3191 § 11, amended, 11/17/2020; Ord. 3155 § 4, amended, 07/17/2018; Ord. 3147 § 4, amended, 11/21/2017) Dimensional Regulations A. The lot and building dimensions shall con- form to the standards in Table 18.3.4.050 below. 18.3.4.050 NORMAL NEIGHBORHOOD DISTRICT 18.3-62 Table 18.3.4.050. Dimensional Standards NN-1-5 NN-1-3.5 NN-1-3.5C NN-2 Base density, dwelling units per acre 4.5 7.2 13.5 Minimum Lot Area1, square feet (applies to lots created by partitions only) 5,000 3500 3000 Minimum Lot Depth1, feet (applies to lots created by partitions only) 80 80 80 Minimum Lot Width1, feet (applies to lots created by partitions only) 50 35 25 Setbacks and yards (feet) Minimum Front Yard abutting a street 15 15 15 Minimum Front Yard to a garage facing a public street, feet 20 20 20 Minimum Front Yard to unenclosed front porch, feet 82 82 82 Minimum Side Yard 6 6 03 6 0 3 Minimum Side Yard abutting a public street 10 10 10 Minimum Rear Yard 10 ft per Bldg Story, 5 feet per Half Story Solar Access Setback and yard requirements shall conform to the Solar Access standards of chapter 18.4.8 Maximum Building Height, feet / stories 35 / 2.5 35 / 2.5 35 / 2.5 Maximum Lot Coverage, percentage of lot 50% 55% 65% Minimum Required Landscaping, percentage of lot 50% 45% 35% Parking See section 18.4.3.080 Vehicle Area Design Requirements Minimum Outdoor Recreation Space, percentage of lot na na 8% 1 Minimum Lot Area, Depth, and Width requirements do not apply in performance standards subdivisions. 2 Minimum Front Yard to an unenclosed front porch (Feet), or the width of any existing public utility easement, whichever is greater; an unenclosed porch must be no less than 6 feet in depth and 8 feet in width, see section 18.6.1.030 for definition of porch. 3 Minimum Side Yard for Attached Residential Units (Feet) B. Density Standards. Development density in the Normal Neighborhood shall not exceed the densities established by Table 18.3.4.050, except where granted a density bonus under chapter 18.3.9, Performance Standards Options and PSO Overlay, and consistent with the following require- ments: 1. General Density Provisions. a. The density in NN-1-5, NN-1-3.5, NN-1-3.5-C and NN-2 zones is to be computed by ASHLAND LAND USE ORDINANCE 18.3.4.050 18.3-63 18.3.4.060 dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. b. Conservation Areas including wetlands, floodplain corridor lands, and water resource pro- tection zones may be excluded from the acreage of the project for the purposes of calculating min- imum density for residential annexations as de- scribed in subsection 18.5.8.050.F. c. Units less than 500 square feet of gross habitable area shall count as 0.75 units for the pur- poses of density calculations. 2. Residential Density Bonuses. a. The maximum residential density bonuses permitted shall be as described in sub- section 18.2.5.080.E. (Ord. 3199 § 13, amended, 06/15/2021) Site Development and Design Standards The Normal Neighborhood District Design Standards provide specific requirements for the physical orientation, uses and arrangement of buildings; the management of parking; and access to development parcels. Development located in the Normal Neighborhood District must be de- signed and constructed consistent with the Site Design and Use Standards chapter 18.5.2 and the following standards: A. Street Design and Access Standards. De- sign and construct streets and public improve- ments in accordance with the Ashland Street Standards. A change in the design of a street in a manner inconsistent with the Normal Neighbor- hood Plan requires a minor amendment in accor- dance with section 18.3.4.030.C. 1. Conformance with Street Network Plan. New developments must provide avenues, neigh- borhood collectors, streets, alleys, multi-use paths, and pedestrian and bicycle improvements consis- tent with the design concepts within the mobility chapter of the Normal Neighborhood Plan Frame- work and in conformance with the Normal Neigh- borhood Plan Street Network Map. a. Streets designated as shared streets on the Normal Neighborhood Plan Street Network Map may be alternatively developed as alleys, or multiuse paths provided the following: i. Impacts to the water protection zones are minimized to the greatest extent feasible. ii. Pedestrian and bicyclist connectivity, as indicated on the Normal Avenue Neighborhood Plan Pedestrian and Bicycle Network Map, is maintained or enhanced. 2. Storm Water Management. The Normal Neighborhood Plan uses street trees, green streets, and other green infrastructure to manage storm water, protect water quality and improve water- shed health. Discharge of storm water runoff must be directed into a designated green street and neighborhood storm water treatment facilities. a. Design Green Streets. Streets desig- nated as green streets within the street network, and as approved by the Public Works Department, shall conform to the following standards: i. New streets must be developed so as to capture and treat storm water in conformance with the City of Ashland Storm Water Master Plan. 3. Access Management Standards. To man- age access to land uses and on-site circulation, and maintain transportation safety and operations, ve- hicular access must conform to the standards set forth in section 18.4.3.080, and as follows: a. Automobile access to development is intended to be provided by alleys where possible consistent with the street connectivity approval standards. b. Curb cuts along a neighborhood collec- tor or shared street are to be limited to one per block, or one per 200 feet where established block lengths exceed 400 feet. 4. Required On-Street Parking. On-street parking is a key strategy to traffic calming and may be required along the neighborhood collector and local streets. B. Site and Building Design Standards. 1. Lot and Building Orientation. a. Lot Frontage Requirements. Lots in the Normal Neighborhood are required to have their front lot line on a street or a common green. b. Common Green. The common green provides access for pedestrians and bicycles to abutting properties. Common greens are also in- tended to serve as a common open space amenity for residents. The following approval criteria and standards apply to common greens: i. Common greens must include at least 400 square feet of grassy area, play area, or ded- 18.3.4.060 NORMAL NEIGHBORHOOD DISTRICT 18.3-64 icated gardening space, which must be at least 15 feet wide at its narrowest dimension. 2. Cottage Housing. Cottage housing devel- opments in the Normal Neighborhood shall be de- veloped in accordance with the standards in section 18.2.3.090. 3. Conservation of Natural Areas. Develop- ment plans must preserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of streams and wetlands. In ad- dition to the requirements of chapter 18.3.11, Wa- ter Resources Protection Zones (Overlays), conserving natural water systems must be consid- ered in the site design through the application of the following guidelines: a. Designated stream and wetland protec- tion areas are to be considered positive design el- ements and incorporated in the overall design of a given project. b. Native riparian plant materials must be planted in and adjacent to the creek to enhance habitat. c. Create a long-term management plan for on-site wetlands, streams, associated habitats and their buffers. 4. Storm Water Management. Storm water run-off, from building roofs, driveways, parking areas, sidewalks, and other hard surfaces must be managed through implementation of the following storm water management practices: a. When required by the City Engineer, the applicant must submit hydrology and hydraulic calculations, and drainage area maps to the City, to determine the quantity of predevelopment, and es- timated post-development, storm water runoff and evaluate the effectiveness of storm water manage- ment strategies. Computations must be site spe- cific and must account for conditions such as soil type, vegetative cover, impervious areas, existing drainage patterns, flood plain areas and wetlands. b. Future peak storm water flows and vol- umes shall not exceed the pre-development peak flow. The default value for pre-development peak flow is 0.25 CFS per acre. c. Detention volume must be sized for the 25-year, 24-hour peak flow and volume. d. Development must comply with one or more of following guidelines: i. Implement storm water management techniques that endeavor to treat the water as close as possible to the spot where it hits the ground through infiltration, evapotranspiration or through capture and reuse techniques. ii. Use on-site landscape-based water treatment methods to treat rainwater runoff from all surfaces, including parking lots, roofs, and sidewalks. iii. Use pervious or semi-pervious sur- faces that allow water to infiltrate soil. iv. Design grading and site plans that create a system that slows the storm water, maxi- mizing time for cleansing and infiltration. v. Maximizing the length of overland flow of storm water through bioswales and rain gardens, vi. Use structural soils in those environ- ments that support pavements and trees yet are free draining. vii. Plant deep rooted native plants. viii. Replace metabolically active min- erals, trace elements and microorganism rich com- post in all soils disturbed through construction activities. 5. Off-Street Parking. Where provided, auto- mobile parking, loading and circulation areas must comply with the requirements of chapter 18.4.3, Parking, Access, and Circulation, and as follows: a. Neighborhood serving commercial uses within the NN-1-3.5-C zone must have parking primarily accommodated by the provision of pub- lic parking areas and on-street parking spaces. 6. Neighborhood Module Concept Plans. The Neighborhood Module Concept Plans (i.e., development scenarios) are for the purpose of pro- viding an example of developments that conform to the standards, and do not constitute independent approval criteria. Concept plans are attached to the end of this chapter. 7. Conformance with Open Space Network Plan. New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in confor- mance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood’s distinc- tive character and provide passive recreational op- ASHLAND LAND USE ORDINANCE 18.3.4.060 18.3-65 18.3.4.065 18.3.4.070 18.3.4.075 18.3.4.080 portunities where people can connect with nature, where water resources are protected, and where ri- parian corridors and wetlands are preserved and enhanced. a. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b. The application demonstrates that con- nections between open spaces are created and maintained providing for an interlinked system of greenways. c. The application demonstrates that open spaces function to provide habitat for wildlife, pro- mote environmental quality by absorbing, storing, and releasing storm water, and protect future de- velopment from flood hazards. d. The application demonstrates that scenic views considered important to the commu- nity are protected, and community character and quality of life are preserved by buffering areas of development from one another. (Ord. 3229 § 5, amended, 12/19/2023; Ord. 3191 § 12, amended, 11/17/2020; Ord. 3155 § 5, amended, 07/17/2018) Exception to the Site Development and Design Standards An exception to the requirements Site Develop- ment and Design Standards must follow the proce- dures and approval criteria adopted under section 18.4.1.030, unless authorized under the procedures for a major amendment to plan. Open Space Area Overlay All projects containing land identified as Open Space Areas on the Normal Neighborhood Plan Open Space Network Map, unless otherwise amended per section 18.3.4.030.C, must dedicate those areas as: public open space, common open space, or private open space. It is recognized that the master planning of the properties as part of the Normal Neighborhood Plan imparted signifi- cant value to the land, and the reservation of lands for open space, recreation, and conservation pur- poses is proportional to the value bestowed upon the property through the change in zoning des- ignation and future annexation. (Ord. 3191 § 13, amended, 11/17/2020) Advance Financing District [Reserved] Review and Approval Procedure All land use applications are to be reviewed and processed in accordance with the applicable proce- dures of part 18.5, Neighborhood Module Concept Plans. The City recognizes that future innovations in building technologies, water conservation prac- tices, and creative approaches to site design and layout will help shape the neighborhood module concept in consideration of the unique character- istics of the properties being developed. As such these example illustrations presented are primarily intended to assist those involved in conceptualiz- ing a development to better address the principle objectives outlined within the Normal Neighbor- hood Plan. 18.3.4.065 NORMAL NEIGHBORHOOD DISTRICT 18.3-66 Normal Neighborhood District Zoning Classification Map ASHLAND LAND USE ORDINANCE 18.3.4.080 18.3-67 18.3.4.080 NORMAL NEIGHBORHOOD DISTRICT 18.3-68 18.3.5.010 18.3.5.020 18.3.5.030 18.3.5.040 18.3.5.050 18.3.5.060 18.3.5.070 18.3.5.080 18.3.5.090 18.3.5.100 18.3.5.010 18.3.5.020 Chapter 18.3.5 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT Sections: Purpose and Background. Applicability. Site Plan and Architectural Review Procedure. General Regulations. Allowed Uses. Dimensional Standards. Civic Spaces Zone NM-Civic. Open Spaces Zone NM-O. North Mountain Greenway Zone NM-G. Site Development and Design Standards. Purpose and Background A. Purpose. This district is designed to provide an environment suitable for traditional neighbor- hood living, working, and recreation. The NM dis- trict and Neighborhood Plan is a blueprint for promoting a variety of housing types, mixed-use developments, neighborhood oriented businesses, and community services in a manner which en- hances property values and preserves open spaces and significant natural features. The purpose of the Neighborhood Plan is to provide a comprehensive set of design standards, policies, and regulations to guide future development within the identified area. Through the use of the standards a greater sense of neighborhood can be accomplished, as well as accommodating all forms of transportation, including walking, bicycling, and transit. B. Location and Character. The North Moun- tain Neighborhood Plan Area contains approxi- mately 53 acres and is located south of Interstate 5 and north of the North Mountain Avenue/Hersey Street intersection. Access to the area is provided via North Mountain Avenue. The characteristics of the area consist of rolling terrain and pastures, the Bear Creek Flood Plain, possible jurisdictional wetlands, and approximately nine residences dot the landscape. The area has been included in the Ashland City limits or many years, but experi- enced limited growth due to a lack of public fa- cilities including, sewer, water, and paved streets. When the City’s Comprehensive Plan was pre- pared in the late 1970s, this area was given a large lot zoning designation to discourage urbanization until full urban services were available. As a re- sult, the zoning was RR.5 (half acre zoning) for more than 20 years. The construction of a Senior Housing complex consisting of multiple housing types began east of the subject area. The land use pattern and building architecture of the Senior Housing project is similar to the Design Standards established within this document. C. Background. The initiation of this neigh- borhood plan was directed by the City Council of the City of Ashland. A Steering Committee, comprised of residents and property owners, was formed and the guidelines were developed as a joint effort by the Steering Committee and Com- munity Development Department’s planning staff members. Throughout the process and during three study sessions, additional input from the Ashland Planning Commission was given staff and formu- lated into this document. In addition, the City re- ceived a grant from the Oregon Department of Land Conservation and Development (DLCD) and the Oregon Department of Transportation (ODOT) for the hiring of the consulting firm Lennartz & Coyle, Architects & Town Planners. Lennartz & Coyle completed a four day planning charrette with the citizens of Ashland to formulate the basic land use principles for the North Mountain Neigh- borhood. The Neighborhood Plan and related im- plementing standards were adopted by the City Council on April 2, 1997 (Ordinance No. 2800). Applicability This chapter applies to properties designated as NM on the Zoning Map, and pursuant to the North Mountain Neighborhood Plan adopted by Ordi- nance 2800 (April, 1997). Development located within the NM district is required to meet all ap- plicable sections of this ordinance, except as other- wise provided in this chapter; where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the North Mountain Neighborhood district shall govern. ASHLAND LAND USE ORDINANCE 18.3.5.020 18.3-69 18.3.5.030 Figure 18.3.5.020. North Mountain Neighborhood District Site Plan and Architectural Review Procedure A. Applicability. The following planning ap- plications shall comply with applicable North Mountain Neighborhood Design Standards and all other requirements outlined in chapter 18.5.2 Site Design Review. 1. Site Design Review. Developments re- quiring approval under chapter 18.5.2 Site Design Review. 2. Performance Standards Option Developments. In addition to the submittal re- quirements for Final Plan approval, per chapter 18.3.9 Performance Standards Option Overlay, the applicant shall provide typical elevations incorpo- 18.3.5.030 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-70 18.3.5.040 rating the architectural elements described in the North Mountain Neighborhood Design Standards for all proposed buildings. 3. Partitions. Developments requiring Parti- tion approval under chapter 18.5.3 Land Divisions and Property Line Adjustments. B. Review and Approval Procedure. All land use applications shall be reviewed and processed in accordance with the applicable procedures of part 18.5 Application Review Procedures and Ap- proval Criteria. C. Supplemental Approval Criteria. In addi- tion to the criteria for approval required by other sections of this ordinance, applications within the NM district shall also meet all of the following cri- teria. 1. The application demonstrates conformity to the general design requirements of the North Mountain Neighborhood Plan, including density, transportation, building design, and building ori- entation. 2. The application complies with the specific design requirements as provided in the North Mountain Neighborhood Design Standards. General Regulations A. Conformance with North Mountain Neighborhood Plan. Land uses, streets, alleys, and pedestrian/bicycle access ways shall be lo- cated in accordance with those shown on the North Mountain Neighborhood Plan adopted by Ordi- nance 2800. B. Amendments. Major and minor amend- ments to the North Mountain Neighborhood Plan shall comply with the following procedures. 1. Major and Minor Amendments. a. Major amendments are those that result in any of the following. i. A change in land use. ii. A change in the street layout plan that requires a street to be eliminated or to be lo- cated in such a manner as to not be consistent with the neighborhood plan. iii. A change in the North Mountain Neighborhood Design Standards. iv. A change in planned residential den- sity. v. A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those that result in any of the following. i. Changes related to street trees, street furniture, fencing, or signage. ii. A change in the street layout that re- quires a local street, alley, easement, pedestrian/bi- cycle accessway or utility to be shifted more than 50 feet in any direction, as long as the change maintains the connectivity established by the neighborhood plan. 2. Major Amendment Type II Procedure. The approval authority may approve a major amendment to the North Mountain Neighborhood Plan through a Type II procedure in section 18.5.1.060 upon finding that the application meets all of the following criteria. a. The proposed modification maintains the connectivity established by the neighborhood plan. b. The proposed modification furthers the design and access concepts advocated by the neighborhood plan, including but not limited to pedestrian access, bicycle access, and de-emphasis on garages as a residential design feature. c. The proposed modification will not ad- versely affect the purpose, objectives, or function- ing of the neighborhood plan. d. The proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or sim- ilar natural features, or to adjust to existing prop- erty lines between project boundaries. 3. Minor Amendment Type I Procedure. A minor amendment to the North Mountain Neigh- borhood Plan is subject to the Type I procedure in section 18.5.1.050. The request for a minor amendment shall include findings that demon- strate that the change will not adversely affect the purpose, objectives, or functioning of the neigh- borhood plan. C. Utilities. Utilities shall be installed under- ground to the greatest extent feasible. Where pos- sible, alleys shall be utilized for utility location, including transformers, pumping stations, etc. D. Lots With Alley Access. If an alley serves the site, access and egress for motor vehicles shall be to and from the alley. In such cases, curb open- ings along the street frontage are prohibited. ASHLAND LAND USE ORDINANCE 18.3.5.040 18.3-71 18.3.5.050 E. Streets, Alleys, and Pedestrian/Bicycle Accessways. Streets, alleys, and pedestrian/bicy- cle accessways shall be improved as designated in the North Mountain Neighborhood Design Stan- dards. F. Minimum Density. Proposals resulting in the creation of additional parcels or greater than three units on a single parcel shall provide for res- idential densities between 75 to 110 percent of the base density for a given zone, unless reduc- tions in the total number of units is necessary to accommodate significant natural features, topog- raphy, access limitations or similar physical con- straints. (Proposals involving the development of neighborhood commercial businesses and services shall be exempt from the above requirements). G. Density Transfer. Density transfer within a project from one zone to another may be approved if it can be shown that the proposed density trans- fer furthers the design and access concepts advo- cated by the neighborhood plan, and provides for a variety of residential unit sizes, types, and archi- tectural styles. H. Floodplain Corridor. Developments in- cluding lands within the identified floodplain cor- ridor, including street development, shall comply with the following requirements. 1. A hydrologic study prepared by a geotech- nical expert shall be submitted concurrently with specific development proposals indicating the im- pact of the development on the floodplain corridor, and all efforts to be taken to mitigate negative im- pacts from flooding in the area of the floodplain corridor and areas of historic flooding. 2. The design of Greenway Drive, as indi- cated on the neighborhood plan, shall incorporate flood protection measures, as determined by a ge- otechnical expert, in the overall design of the new street. Such protection measures shall address flooding in the floodplain corridor and in areas of historic flooding. 3. A grading plan for the overall develop- ment, indicating grade relationships between the development and the floodplain corridor, shall be included with the specific development proposal. A statement shall be included, prepared by a ge- otechnical expert or licensed surveyor, indicating that the finish grade for all buildable areas outside of the floodplain corridor shall be at or above the Ashland floodplain corridor elevations indicated on the officially adopted city maps. I. Off-Street Parking. Off-street parking shall be provided pursuant to the requirements of this chapter and 18.4.3 Parking, Access, and Circula- tion, except in the NM-C zone. In the NM-C zone, all uses are not required to provide off-street park- ing or loading areas, except for residential uses where one space shall be provided per residential unit and in conformance with chapters 18.4.2 Building Placement, Orientation and Design, and 18.4.4 Landscaping, Lighting, and Screening. J. Drive-Up Uses. Drive-Up uses are not per- mitted within the North Mountain Neighborhood Plan area. K. Performance Standards Overlay. All ap- plications involving the creation of three or more lots shall be processed under chapter 18.3.9 Per- formance Standards Option Overlay. L. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area be- tween the structure and the street. No fencing shall be allowed in areas designated as Floodplain Cor- ridor. M. Adjustment of Lot Lines. As part of the approval process for specific development propos- als, adjustments to proposed lot lines may be ap- proved consistent with the density standards of the applicable zone, as designated by the North Moun- tain Neighborhood Plan. Allowed 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 18.6 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 the development standards of the zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020, Determination of Review Procedure. 1. Permitted Uses. Uses listed as “Permitted (P)” are allowed. 2. Permitted Subject to Special Use Standards. Uses listed as “Permitted Subject to 18.3.5.050 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-72 Special Use Standards (S)” are allowed, provided they conform to subsection 18.3.5.050.D and chapter 18.2.3, Special Use Standards. 3. Conditional Uses. Uses listed as “Condi- tional Use Permit Required (C)” are allowed sub- ject to the requirements of chapter 18.5.4, Conditional Use Permits. 4. Prohibited Uses. Uses not listed in Table 18.3.5.050, and not found to be similar to an al- lowed use following the procedures of section 18.1.5.040, Similar Uses, are prohibited. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, Base Zones and Allowed Uses, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for ex- ceptions to some standards of the underlying zone. C. Mixed-Use. Uses allowed in a zone individ- ually are also allowed in combination with one an- other, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Table 18.3.5.050. North Mountain Neighborhood Uses Allowed by Zone1 North Mountain Neighborhood Zones2 NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic A. Residential Residential Uses, subject to density requirements in section 18.3.5.060 P P P P N Accessory Residential Units, see section 18.2.3.040 S S S S N Cottage Housing S S N N N Duplexes see Sec. 18.2.3.110 S S S S N Home Occupations P P P P N Agricultural Uses, except Keeping of Livestock P P P P S Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots P P P P P Religious Institution, Houses of Worship N N N S N Utility and Service Building, Public and Quasi-Public, N N N S N ASHLAND LAND USE ORDINANCE 18.3.5.050 18.3-73 Table 18.3.5.050. North Mountain Neighborhood Uses Allowed by Zone1 (continued) North Mountain Neighborhood Zones2 NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic excluding outdoor storage and electrical substations C. Commercial Food Trucks and Food Carts (Subject to the Requirements of Section 18.2.3.145) N N N S N Neighborhood Clinics N N N S N Neighborhood Oriented Retail Sales, Services, and Restaurants N N N S N Offices, Professional N N N S N Temporary Uses N N N CU N D. Industrial Manufacturing, Light N N N S N 1 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 2 Zones: NM-R-1-7.5 and NM-R-1-5 = Single-Family Residential; NM-MF = Multifamily Residential; NM-C = Com- mercial; NM-Civic = Civic Spaces. 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 De- sign Review. 1. Accessory Residential Units. Subject to the standards in section 18.2.3.040. 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. Sub- ject 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 oc- cupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that op- erates in conjunction with and sells the manufac- tured 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. 18.3.5.050 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-74 18.3.5.060 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 con- tiguous 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 maxi- mum of 3,500 square feet of gross floor area. 12. Cottage Housing. Subject to the stan- dards in section 18.2.3.090. 13. Duplexes. Subject to the standards in section 18.2.3.110. (Ord. 3229 § 6, amended, 12/19/2023; Ord. 3216 § 8, amended, 03/15/2023; Ord. 3199 § 14, amended, 06/15/2021; Ord. 3155 § 6, amended, 07/17/2018; Ord. 3147 § 5, amended, 11/21/2017) Dimensional Standards Table 18.3.5.060 contains lot and development standards, including density, minimum dimen- sions, area, coverage, structure height and other provisions that control the intensity, scale, and lo- cation of development for the NM-R-1-7.5, NM- R-1-5, NM-MF, and NM-C. ASHLAND LAND USE ORDINANCE 18.3.5.060 18.3-75 Table 18.3.5.060. North Mountain Neighborhood Dimensional Standards North Mountain Neighborhood Zones1 NM-R-1-7.5 NM-R-1-5 NM-MF NM-C Residential Density (dwelling units/acre)1 3.6 du/ac 5 du/ac 12 du/ac 20 du/ac 1Density is computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the answer shall not apply towards the total density, except that units less than 500 square feet gross habitable floor area shall count as .75 units in the NM-MF and NM-C zones. Accessory residential units and duplexes are not subject to the density requirements of the zone in the NM-R-1-7.5 and NM-R-1-5 zones, see sections 18.2.3.040 and 18.2.3.110. Standard Yards – Minimum (feet) Front – Standard 10 ft minimum/ 25 ft maximum 10 ft minimum/ 25 ft maximum 10 ft minimum/ 25 ft maximum No minimum yard requirements, except as required for parking, landscaping and building design requirement in chapters 18.4.2, 18.4.3, and 18.4.4. Front – Unenclosed Porch 5 ft 5 ft 5 ft Front – Garage2 15 ft from building face / 20 ft from sidewalk 15 ft from building face / 20 ft from sidewalk 15 ft from building face / 20 ft from sidewalk Side – Standard3 5 ft per building story 5 ft per building story 5 ft per building story Side – Adjacent to Street 10 ft 10 ft 10 ft Side – Single-Story, Detached Garage and Accessory Buildings4 3 ft 3 ft 3 ft Rear – Standard 10 ft per building story 10 ft per building story 10 ft per building story Rear – Upper Floor Dormer Space 15 ft 15 ft 15 ft Rear - Single-Story, Detached Garage and Accessory Buildings Adjacent to Alley 4 ft 4 ft 4 ft Rear – Two-Story Accessory Buildings Adjacent to Alley 4 ft 4 ft 4 ft 2No greater than 50 percent of the total lineal building façade facing the street can consist of garage, carport, or other covered parking space. 3No additional side yard is required for half-stories and upper floor dormer space. 4No side yard is required for accessory buildings sharing a common wall. 18.3.5.060 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-76 18.3.5.070 18.3.5.080 18.3.5.090 Table 18.3.5.060. North Mountain Neighborhood Dimensional Standards (continued) North Mountain Neighborhood Zones1 NM-R-1-7.5 NM-R-1-5 NM-MF NM-C Solar Access Solar access setback required pursuant to chapter 18.4.8 Solar Access. No solar access setback required. Lot Coverage – Maximum (% of lot area) 45% 50% 75% 80% 1 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open Space. (Ord. 3199 § 15, amended, 06/15/2021) Civic Spaces Zone NM-Civic Civic spaces identified on the Neighborhood Plan map shall be developed as part of a specific project approval. If the project is proposed to be developed in phases, 50 percent of the area of the civic space shall be developed in the first phase with the remainder of the area to be developed prior to building permit issuance for 2/3 of the pro- ject’s units. Open Spaces Zone NM-O Open spaces identified on the Neighborhood Plan Proposed Secondary Zoning map shall be de- veloped as part of a specific project approval. If the project is proposed to be developed in phases, 50 percent of the area of the designated open space shall be developed in the first phase with the re- mainder of the area to be developed prior to build- ing permit issuance for two-thirds of the project’s units. (Ord. 3191 § 14, amended, 11/17/2020) North Mountain Greenway Zone NM-G A. Applicability. All projects containing land identified on the North Mountain Neighborhood Plan map as part of the North Mountain/Bear Creek Greenway shall dedicate that area so desig- nated to the City for park purposes. It is recognized that previous zone changes allowing increases in allowable development density (up-zoning) as part of the North Mountain Neighborhood Plan im- parted significant value to properties, and the re- quired dedication of those lands within the North Mountain/Bear Creek Greenway for park purposes is both necessary based on the impacts of planned development and proportional to the value be- stowed upon the property through the change in zoning designation. B. Dedication on Final Survey Plat. The ded- ication of lands within the North Mountain/Bear Creek Greenway shall be indicated on the final survey plat accompanying all partitions, subdivi- sions, and Performance Standards developments. C. Development Restrictions. It is recognized that lands within the North Mountain/Bear Creek Greenway are identified as part of Ashland’s Floodplain Corridor Lands, and are prohibited from further development, except as outlined in chapter 18.3.10 Physical and Environmental Con- straints Overlay. D. Prohibition of Density Transfer. No trans- fer of density from lands identified within the North Mountain/Bear Creek Greenway shall be permitted. It is recognized that the up-zoning as- sociated with the North Mountain Neighborhood Plan accommodated such transfers. E. Greenway Drive. The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate flood protection measures, as deter- mined by a geotechnical expert, in the overall de- sign of the new street. Such protection measures shall address flooding in the floodplain corridor and in areas of historic flooding. ASHLAND LAND USE ORDINANCE 18.3.5.090 18.3-77 18.3.5.100 Site Development and Design Standards A. Housing. The following design standards apply to residential developments. While the stan- dards are specific, the intent is not to limit inno- vative design, but rather provide a framework for clear direction and minimum standards. 1. Architectural Design. The street-facing el- evations of residential buildings shall be broken with reveals, recesses, trim elements, and other ar- chitectural features to avoid the appearance of a blank wall as illustrated in Figure 18.3.5.100.A.1. In addition, at least two of the following design features must be provided along the front of each residence: a. Dormers; b. Gables; c. Recessed entries; d. Covered porch entries; e. Cupolas; f. Pillars or posts; g. Bay window (min. 12-inch projection); h. Eaves (min. six-inch projection); i. Off-sets in building face or roof (min. 16 inches). Figure 18.3.5.100.A.1. Architectural Design 2. Orientation. Dwellings shall be designed with a primary elevation oriented towards a street. Such elevation shall have a front door, framed by a simple porch or portico, porch, or other design feature clearly visible from the street to promote natural surveillance of the street as illustrated in Figure 18.3.5.100.A.2. Figure 18.3.5.100.A.2. Orientation 3. Repetitive Elevations. Excessive repeti- tion of identical floor plans and elevations shall be discouraged. See Figure 18.3.5.100.A.3.a and Fig- ure 18.3.5.100.A.3.b. Figure 18.3.5.100.A.3.a. Varied Floor Plans Figure 18.3.5.100.A.3.b. Varied Elevations 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-78 4. Supplemental Setback Requirements for Garages and Accessory Structures. In addition to the setback requirements of section 18.3.5.060, the following garage and accessory structure setbacks are required, in order to promote an attractive streetscape where garages and accessory structures are visually subordinate to single-family dwellings or primary structures. a. Where no alleys are present, garages shall be located a minimum of 15 feet behind the primary façade and a minimum of 20 feet from the sidewalk. See Figure 18.3.5.100.A.4.a. Figure 18.3.5.100.A.4.a. Garage Setbacks/No Alley b. Garages and accessory structures adja- cent to an internal property line (i.e., neighbor’s residence) shall maintain a minimum first floor side yard setback of four feet and a second floor setback of six feet, excluding dormers. See Figure 18.3.5.100.A.4.b. Figure 18.3.5.100.A.4.b. Garage Setbacks/No Alley c. No side yard setback is required where garages adjoin along a common property line. d. Garage or accessory structures, includ- ing accessory residential units, fronting and or ac- cessed from the alley shall have a minimum rear yard setback of four feet. See Figure 18.3.5.100.A.4.d. Figure 18.3.5.100.A.4.d. Garage Setbacks/Alley e. The maximum allowed width of a garage opening is 22 feet. Expansion of the garage’s depth is allowed and should be consid- ered for additional storage needs. f. Common wall garages (i.e., adjacent garage openings), and dwellings with more than one garage opening, where the total width of ad- jacent garage openings exceeds 22 feet, shall have at least one garage opening recessed behind the other(s) by not less than three feet. 5. Terracing. Grading for new homes and ac- cessory structures shall be minimized and building designs shall respond to the natural grade, to the extent practicable, pursuant to the following stan- dards: a. Terracing should be incorporated into the design of each lot’s development, as illustrated in Figure 18.3.5.100.A.5.a. Terraces help ease transition between the public and private space. ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-79 Figure 18.3.5.100.A.5.a. Terraces b. In determining whether grading is min- imized and building designs are practicable, this standard shall not be interpreted so as to preclude permitted housing at planned densities. 6. Porches. Where practicable, porches shall be incorporated into building designs within the North Mountain Neighborhood, in order to pro- mote a sense of place, socialization, and natural surveillance of the street, as illustrated in Figure 18.3.5.100.A.6.a. Porches shall be a minimum of six feet in depth and eight feet in width, as illus- trated in Figure 18.3.5.100.A.6.b - deep enough to allow a person to stand while the door is opening and large enough to allow at least one person to sit facing the street. Porches with dimensions less than six feet in depth and eight feet in width are of- ten used as storage areas for bike, barbecues, etc., and do not realistically function as outdoor rooms. Figure 18.3.5.100.A.6.a. Street with Front Porches Figure 18.3.5.100.A.6.b. Porch Dimensions 7. Driveways. In order to minimize impervi- ous surfaces, increase opportunities for on-street parking and street trees, and provide a visually attractive streetscape that comfortably accommo- dates pedestrians, driveways for one dwelling and duplexes shall be no greater than nine feet wide, measured at the sidewalk. Where no alley is pre- sent and garages for multiple dwellings share a common wall (e.g., townhomes), a common drive- way 12 feet in width may be used but shall serve as a shared drive for paired garages. See Figure 18.3.5.100.A.7. 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-80 Figure 18.3.5.100.A.7. Benefits of Narrow Driveways on Streetscape B. Neighborhood Central. In addition to the following, refer to the site development and design standards of part 18.4. 1. Transitional Architectural Design. Build- ings developed for residential use shall be de- signed and constructed in a way that allows a simple transition to commercial use, for example, through appropriate floor-to-ceiling heights and location of HVAC and other building systems. 2. Architectural Character. The architectural character of commercial buildings should reflect their importance as a focus of the North Mountain Neighborhood. Rather than taking on a residential appearance, these buildings should emulate a tra- ditional storefront appearance. Ashland has many storefront buildings, which should be looked at for reference but not duplication. These building have a simple and flexible form, yet have a strong archi- tectural identity. See Figure 18.3.5.100.B.2.a and Figure 18.3.5.100.B.2.b. Figure 18.3.5.100.B.2.a. Figure 18.3.5.100.B.2.b. 3. Building Setbacks & Height. Buildings shall be built up to the front and side property lines as illustrated in Figure 18.3.5.100.B.3. Along the front, exceptions will be allowed to create court- yards, seating areas for cafes, or other special uses. These areas should be designed to further the ac- tivity along the streets. Arcades, awnings, bays, and balconies shall extend over walkways to form a continuous covered walk. In only rare cases should the façade of the second story extend be- yond the first floor’s front setback. ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-81 Figure 18.3.5.100.B.3. Building Setbacks 4. Side Setbacks. A side yard setback should only be considered where the building is adjacent to a residential zone or a pedestrian accessway connects to a rear parking area. A side yard set- back accommodating a rear parking area shall only occur at mid-block between two buildings as illus- trated in Figure 18.3.5.100.B.4. Figure 18.3.5.100.B.4. Pedestrian Accessway 5. Transit Facilities. The neighborhood cen- tral area will need a transit shelter (see Figure 18.3.5.100.B.5.a). The general design of the facil- ity should be consistent with the City’s adopted bus shelter design as illustrated in Figure 18.3.5.100.B.5.b. While transit service is not presently available to the neighborhood, the over- all density of the area will ultimately support it, and the integration of the transit shelter within the neighborhood central area will further its use. Figure 18.3.5.100.B.5.a. Transit Stop Figure 18.3.5.100.B.5.b. Transit Shelter 6. Mixed Uses. Second story apartments over ground floor shops are encouraged wherever practicable. Bays and balconies are encouraged to provide outlooks and create an articulated rhythm and visual interest. See Figure 18.3.5.100.B.6. 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-82 Figure 18.3.5.100.B.6. Mixed Uses C. Street Types and Design. Several types of residential streets are planned for in the North Mountain Neighborhood. These streets would ex- tend through the planned area to accommodate not only multi-modal movement, but also a variety of circulation options. 1. Greenway Drive. The Greenway Drive has a 49-foot right-or-way, which provides for a travel surface of 28 feet, an eight-foot planting strip, and sidewalks on each side. The sidewalk on the residential side is five feet and on the side of the Bear Creek Greenway an eight-foot sidewalk is shown. In cases where medians are identified on the North Mountain Neighborhood Plan, the me- dian width shall be eight feet and the two travel lanes ten feet. See Figure 18.3.5.100.C.1. Figure 18.3.5.100.C.1. Greenway Drive 2. Neighborhood Access Street. The primary type of street traversing the neighborhood is the neighborhood access street. This street has a 48-foot right-of-way, which provides for a 15-foot travel surface, seven-foot parking bays, and eight- ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-83 foot planting strips and five-foot sidewalks on each side. See Figure 18.3.5.100.C.2. Figure 18.3.5.100.C.2. Neighborhood Access Street 3. Alleys. One of the most important features making up the neighborhood is the alley. Alleys al- low parking to be located at the property’s rear and diminish the negative impact of garages proliferat- ing along street frontages, reduces pedestrian and vehicle conflicts at curb-cuts, and reduces imper- vious hard surface. In addition, homes, instead of garages, fill the street frontages, providing maxi- mum opportunity for social interaction. The alley cross section is a 20-foot wide right-of-way which contains a 12-foot wide improved alley and four- foot planted or graveled strips or shoulders. See Figure 18.3.5.100.C.3. See also, setback require- ments for garages and accessory structure in sec- tion 18.3.5.060 and section 18.3.5.100.A.4. Figure 18.3.5.100.C.3. Alley 4. Pedestrian Accessways. The pedestrian accessway, separate from the Bear Creek multi-use path, provides a direct and convenient alternative route and is intended to be similar to the Alice Peil Walkway located off Granite Street. The ac- cessway has a 12-foot right-of-way as illustrated in Figure 18.3.5.100.C.4. Figure 18.3.5.100.C.4. Pedestrian Accessway 5. Neighborhood Commercial Street. As a focal point of the North Mountain Neighborhood, the commercial street area should portray a strong sense of place. This is the place where neighbors will comfortably socialize on the sidewalk or plaza area before and after they patronize neighborhood businesses. The neighborhood commercial street cross section provides for an improved 45-foot wide right-of-way with a ten-foot wide sidewalk, a 17-foot deep parking space (angled 60 degrees), and an 18.foot, one way, travel lane, as illustrated in Figure 18.3.5.100.C.5. Street trees planted within the sidewalk and between the parking area and the pedestrian path are also included. The ap- 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-84 propriate tree spacing should be no greater than 30 feet. Figure 18.3.5.100.C.5. Neighborhood Commercial Street 6. North Mountain Avenue. As the entrance to the neighborhood and the primary access route, North Mountain Avenue shall have significant de- sign components that evoke a welcome and invit- ing feeling. Figure 18.3.5.100.C.6 identifies a tree-lines street, which provides, not only an effi- cient vehicle, bicycle and pedestrian thoroughfare, but also creates an attractive environment. Figure 18.3.5.100.C.6. North Mountain Avenue 7. Planter Strips. All development fronting on streets shall be required to plant street trees in accordance with the Street Tree Standards of sec- tion 18.4.4.030 Landscaping and Screening. Large stature street trees should be used to provide a canopy effect for residential streets, while smaller stature trees may be more appropriate along alley frontages. The planting strips will also be planted with low lying ground cover and street trees that cantilever over the travel lanes and sidewalks. See Figure 18.3.5.100.C.7. Figure 18.3.5.100.C.7. Planter Strips 8. Street Lighting. North Mountain, East Nevada, Greenway Drive, and streets within the NM-C zone shall incorporate pedestrian scaled lighting as illustrated in Figure 18.3.5.100.C.8. Light poles and illuminating fixtures shall be dec- orative in design and shall be similar in design to the lights on Oak Street, between “A” and “B” Streets. Wherever possible, light poles shall be centered within the planter strips and between street trees to increase illumination cast on the sidewalk and street, and light bollards shall be used to illuminate pedestrian accessways. Lighting fixtures for pedestrian use along residential streets and alley may be attached to building walls, porches, carports or patio walls. ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-85 Figure 18.3.5.100.C.8. Street Lighting 9. Street Furniture. Outdoor hardscape ele- ments such as benches, bollards, trash receptacles, mailboxes, light poles, etc. shall be consistent throughout the project area. The use of treated, stained wood, indigenous stone or rock, exposed aggregate concrete and painted steel is acceptable for the construction of street furniture. See Figure 18.3.5.100.C.9. Figure 18.3.5.100.C.9. Street Furniture D. Open Space and Neighborhood Focal Point. 1. Open Space. A variety of open space types are located within the North Mountain Neighbor- hood and each type should be designed based upon its environmental impact and benefiting attributes. Open space types within the area include the Bear Creek Floodplain, pocket parks, pedestrian access- ways, a commercial common (plaza) and street medians. Each of those types of open space shall be accessible to the general public at all times. De- velopment of those open spaces shall be as fol- lows: a. Except for pedestrian accessways and a small picnic area, use of the Bear Creek Flood- plain shall be kept to a minimum. No buildings shall be permitted in the area except for a small gazebo type structure associated with the picnic area. b. Whenever possible, pocket parks and pedestrian access ways shall be linked to formulate a more interesting and inevitable alternative. Each should be designed around natural features min- imizing their impact, but increasing their appeal. Developments fronting these areas are encouraged as long as vehicular access is from an alley. See Figure 18.3.5.100.D.1.b. Figure 18.3.5.100.D.1.b. c. Street medians or small pocket medians shall be designed with large stature trees, shrubs, and perennial flowers as an accent as illustrated in Figure 18.3.5.100.D.1.c. Use of turf shall be minimized wherever possible. An irrigation sys- tem shall be installed at the time of plant installa- tion. 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-86 Figure 18.3.5.100.D.1.c. Medians d. A plaza or commons area, similar to the plaza in the downtown shall be incorporated within the NM-C zone. The area shall be designed to provide adequate shading for comfortable mid- day summer use and sunny areas for winter use. Hardscape areas shall be centrally located, but minimized whenever possible. Benches, news racks, kiosks, and other street furniture shall be lo- cated within the area. e. The area shall enclose and define the central space of the commercial core. The relation- ship of the maximum height of the surrounding buildings to the width of the plaza area should fall between a 1:1 and 1:5 ratio to assure special defin- ition. See Figure 18.3.5.100.D.1.e. Figure 18.3.5.100.D.1.e. Building Height to Plaza Area Width Ratio 2. Neighborhood Focal Point. The intersec- tion of Greenway Drive and North Mountain Av- enue should serve as a neighborhood focal point. Special right-of-way design considerations shall be incorporated into the development of these streets, including but not limited to landscaping, special paving patterns, and a neighborhood mon- ument or gateway. See Figure 18.3.5.100.D.2. Figure 18.3.5.100.D.2. Neighborhood Focal Point ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-87 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-88 ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-89 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-90 ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-91 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-92 ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-93 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-94 ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-95 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-96 ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-97 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-98 ASHLAND LAND USE ORDINANCE 18.3.5.100 18.3-99 (Ord. 3199 § 16, amended, 06/15/2021; Ord. 3191 § 15, amended, 11/17/2020) 18.3.5.100 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT 18.3-100 18.3.6.010 18.3.6.020 18.3.6.030 18.3.6.040 18.3.6.010 18.3.6.020 Chapter 18.3.6 SOUTHERN OREGON UNIVERSITY DISTRICT Sections: Purpose. Applicability. Permitted Uses. Conditional Uses. Purpose This district is designed to provide for the unique needs of Southern Oregon University (SOU) as a State educational institution function- ing within the planning framework of the City. Applicability A. This chapter applies to properties designated as SO on the Zoning Map. The Southern Oregon University (SOU) district implements the Campus Master Plan Update for Southern Oregon Univer- sity dated April 12, 2010, with all conditions added by the Planning Commission and City Council, as adopted and incorporated into the Comprehensive Plan by Ordinance No. 3014 on June 1, 2010. It can be applied to all areas now or hereinafter owned by the State of Oregon acting by and through the State Board of Higher Education, and located within the SOU boundary, as shown on the SOU Plan, adopted by SOU and approved by the City. B. This chapter, together with chapters 18.5.2 Site Design Review, 18.4.3 Parking, Access, and Circulation, and 18.4.7 Signs are the only portions of this ordinance to be effective within the SOU zone; except that areas within 50 feet of privately owned land are subject to chapter 18.5.4 Condi- tional Use Permits. In addition, the creation or va- cation of public streets or public ways shall be subject to mutual agreement between the City and SOU and all other applicable laws. ASHLAND LAND USE ORDINANCE 18.3.6.020 18.3-101 18.3.6.030 Figure 18.3.6.020. Southern Oregon University District Permitted Uses Permitted uses are as follows. A. Uses permitted outright are all those which are directly related to the educational functions of SOU, provided that such uses are indicated and lo- cated in conformance with the adopted and City approved SOU Plan, and are greater than 50 feet from privately owned property. B. Wireless Communication Facilities autho- rized pursuant to chapter 18.4.10 Wireless Com- munication Facilities. 18.3.6.030 SOUTHERN OREGON UNIVERSITY DISTRICT 18.3-102 18.3.6.040 18.3.7.010 18.3.7.020 18.3.7.030 18.3.7.010 18.3.7.020 Conditional Uses Uses subject to approval of a conditional use permit, per chapter 18.5.4, are as follows. A. Any use, site design, or construction or al- teration of same not agreed upon in advance by the City and SOU in the SOU Plan. B. Any use, site design, or construction within 50 feet of privately owned property. C. Any construction over 40 feet in height. D. Wireless Communication Facilities not per- mitted outright and authorized pursuant to chapter 18.4.10 Wireless Communication Facilities. Chapter 18.3.7 AIRPORT OVERLAY Sections: Purpose. Applicability. Airport Overlay Regulations. Purpose The Airport Overlay is intended to be applied to properties that lie within close proximity to the Ashland Airport where aircraft are likely to be fly- ing at relatively low elevations. Further, the zone is intended to prevent the establishment of airspace obstructions in such areas through height restric- tions and other land use controls. Application of the overlay zone does not alter the requirements of the parent zone except as specifically provided herein. Applicability This chapter applies to properties located in the Airport Overlay (A) on the Zoning map. In ad- dition to the provisions of this ordinance, the re- quirements of section 18.3.7.030 Airport Overlay Regulations apply within the A Overlay. ASHLAND LAND USE ORDINANCE 18.3.7.020 18.3-103 18.3.7.030 Figure 18.3.7.020. Airport Overlay Airport Overlay Regulations A. Residential uses are not permitted, unless approved pursuant to chapter 18.5.4 Conditional Use Permits. B. The maximum height of structures, trees or other airspace obstructions shall comply with the FAR 77 Height Restrictions, which limit height as a conic section in relation to the runway and its approach as detailed in the adopted Ashland Mu- nicipal Airport Master Plan’s “Airspace Plan”, and shall not exceed the height allowed in the underly- ing zoning. C. All planning actions will require, as a con- dition of approval that the applicant sign an agree- ment with the City agreeing that airport noise is likely to increase in the future and that they waive all rights to complain about airport noise. D. Activities associated with tree trimming or removal are exempt from tree removal permit re- quirements as provided in AMC 18.5.7.020.C.10. The City may top any tree that is in excess of those maximum heights listed in section 18.3.7.030.B, or locate appropriate lights or markers on those trees as a warning to the operators of aircraft. E. No use shall be made of land or water within any of this zone in such a manner as to create elec- trical interference with navigational signals or ra- dio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise create a hazard which may in any way endanger the landing, take- off, or maneuvering of aircraft using the airport. F. Construction or assembly of an aircraft hangar is exempt from Site Design Review 18.5.2.020, but requires approval of a Ministerial Action/Permit. The permit is to verify that the pro- posed hangar is within a pre-determined location identified in the adopted Ashland Municipal Air- port Master Plan for conventional, executive or T-hangars, and is constructed in compliance with Ashland Municipal Airport design and material standards. 18.3.7.030 AIRPORT OVERLAY 18.3-104 18.3.8.010 18.3.8.020 18.3.8.030 18.3.8.010 18.3.8.020 18.3.8.030 Chapter 18.3.8 FREEWAY SIGN OVERLAY Sections: Purpose. Applicability. Freeway Sign Overlay Regulations. Purpose The Freeway Sign Overlay provides for and reg- ulates certain ground signs that identify businesses in commercial districts located at freeway inter- changes. Applicability This chapter applies to properties located in the Freeway Sign Overlay (FS) on the Zoning Map. In addition to the provisions of chapter 18.4.7 Signs, the requirements of section 18.3.8.030 Freeway Sign Overlay Regulations apply within the FS Overlay. Figure 18.3.8.020. Freeway Sign Overlay Freeway Sign Overlay Regulations The following regulations apply within the FS Overlay. 1. One freeway sign shall be permitted for each lot in addition to the signs allowed by chapter 18.4.7 Signs. 2. Signs shall not exceed an area of 100 square feet per sign. 3. Signs shall not exceed a height of 2,028 feet above mean sea level. ASHLAND LAND USE ORDINANCE 18.3.8.030 18.3-105 18.3.9.010 18.3.9.020 18.3.9.030 18.3.9.040 18.3.9.050 18.3.9.060 18.3.9.070 18.3.9.080 18.3.9.010 18.3.9.020 Chapter 18.3.9 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY Sections: Purpose. Applicability. PSO-Overlay. Review Procedures and Criteria. Performance Standards for Residential Developments. Parking Standards. Setbacks. Performance Standards Guidelines. Purpose The purpose of this chapter is to allow an option for more flexible design than is permissible under the conventional zoning codes. The design should stress energy efficiency, architectural creativity, and innovation; use the natural features of the landscape to their greatest advantage; provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes; be aesthetically pleasing; provide for more efficient land use; and reduce the impact of devel- opment on the natural environment and neighbor- hood. Applicability Developments exercising the Performance Stan- dards option, including developments that are re- quired to apply the option pursuant to this ordinance, shall meet the provisions of this chapter and all other applicable sections of this ordinance; except that developments subject to this chapter are not required to meet the minimum lot size, lot width, lot depth, and setback standards of part 18.2, and other standards as specifically provided by this chapter. The Performance Standards option may be used to divide residential and non-residen- tial zoned land. 18.3.9.010 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY 18.3-106 Figure 18.3.9.020. Performance Standards Option Overlay ASHLAND LAND USE ORDINANCE 18.3.9.020 18.3-107 18.3.9.030 18.3.9.040 PSO-Overlay A. Purpose. The purpose of the PSO overlay is to distinguish between those areas that have been largely developed under the subdivision code, and those areas which, due to the undeveloped nature of the property, sloping topography, or the exis- tence of vegetation or natural hazards, are more suitable for development under Performance Stan- dards. B. Applicability. This chapter applies to prop- erties located in the Performance Standards Option Overlay (PSO) as depicted on the Zoning Map. All developments in the PSO overlay, other than partitions and development of individual dwelling units, shall be processed under this chapter. The minimum number of dwelling units for a Perfor- mance Standards Subdivision within residential zoning districts is three. C. Permitted Uses. In a PSO overlay, the granting of the application shall be considered an outright permitted use, subject to review by the Planning Commission for compliance with the standards set forth in this ordinance and the guide- lines adopted by the City Council. D. Development Outside PSO-Overlay. If a parcel is not in a PSO overlay, then development under this chapter may only be approved if one or more of the following conditions exist. 1. The parcel is larger than two acres and is greater than 200 feet in average width. 2. That development under this chapter is necessary to protect the environment and the neighborhood from degradation which would oc- cur from development to the maximum density al- lowed under subdivision standards, or would be equal in its aesthetic and environmental impact. 3. The property is zoned R-2, R-3 or CM. 4. The property is developed as a cottage housing development consistent with the standards in section 18.2.3.090. (Ord. 3147 § 6, amended, 11/21/2017) Review Procedures and Criteria Review Steps. There are two required steps to Performance Standards Options and PSO Overlay approval, which may be completed individually or combined for concurrent review pursuant to sub- section 18.3.9.040.A. 1. Application for outline plan approval. 2. Application for final plan approval. Permitting and guarantees for public improve- ments, including bonding, and the creation of com- mon areas shall follow the same procedures as for a subdivision. A. Outline Plan. A proposed outline plan shall accompany applications for subdivision approval under this chapter. For developments of fewer than ten lots, the outline plan may be filed concurrently with the final plan, as that term is defined in sub- section 18.3.9.040.B.4. For developments of ten or more lots, prior outline plan approval is manda- tory. 1. Review Procedure. The Type II procedure in section 18.5.1.060 shall be used for the approval of the outline plan. 2. Application Submission Requirements. The following information is required for a perfor- mance standards subdivision outline plan applica- tion submittal: a. A topographic map showing contour in- tervals of five feet. b. The proposed land uses and approxi- mate locations of the existing buildings to be re- tained, the proposed structures on the site, the proposed and existing property lines and ease- ments on the site, and existing buildings, struc- tures, and trees greater than six inches in diameter measured at breast height on the properties adja- cent to the site, and all buildings within 160 feet of the site boundaries. c. The locations of all proposed thorough- fares, walkways, and parking facilities. d. Public uses, including schools, parks, playgrounds, and trails. e. Public or private utilities. f. General areas of cuts and fill. g. The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. h. The location and direction of all water- courses and areas subject to flooding. i. Proposed common and private open spaces. Private open spaces shall be indicated if the areas are proposed as part of the required open space area for the development in section 18.4.4.070 (i.e., eight percent of total lot area in open space). j. Plans shall indicate building envelopes for all proposed lots, which show the area and 18.3.9.030 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY 18.3-108 maximum height of improvements, including solar access and view protection where required. k. Elevations of typical proposed residen- tial structures. Elevations should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hard- ware for heating and cooling. l. A written statement containing an expla- nation of: i. The character of the proposed devel- opment and the manner in which it has been de- signed to take advantage of the performance standards concept. ii. The proposed manner of financing. iii. The present ownership of all the land included within the development. iv. The method proposed to maintain common areas, such as common open space, com- mon buildings and private drives and driveways. v. The proposed time schedule of the development. vi. The findings of the applicant show- ing that the development meets the criteria set forth in this ordinance and the Comprehensive Plan. 3. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when it finds all of the following criteria have been met: a. The development meets all applicable ordinance requirements of the City. b. Adequate key City facilities can be pro- vided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the com- mon open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of common open space and common areas, if required or provided, and that if develop- ments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the street standards. h. The proposed development meets the common open space standards established under section 18.4.4.070. Common open space require- ments may be satisfied by public open space in ac- cordance with section 18.4.4.070 if approved by the City of Ashland. 4. Approval of the Outline Plan. a. After the City approves an outline plan and adopts any zone change necessary for the de- velopment, the developer may then file a final plan in phases or in its entirety. b. If an outline plan is phased, 50 percent of the value of the common open space shall be provided in the first phase and all common open space shall be provided when two-thirds of the units are finished. B. Final Plan. 1. Review Procedure. The Type I procedure in section 18.5.1.050 shall be used for approval of final plans, unless an outline plan has been filed concurrently, in which case Type II procedure shall be used, and the criteria for approval of an outline plan shall also be applied. 2. Phasing. The final plan may be filed in phases as approved on the outline plan. 3. Expiration. If the final plan or the first phase of the outline plan is not approved within 18 months from the date of the approval of the outline plan, then the approval of the plan is terminated and void and of no effect whatsoever. 4. Application Submission Requirements. The following information is required for a perfor- mance standards subdivision final plan application submittal: a. A topographic map showing contour in- tervals of five feet. b. Location of all thoroughfares and walks, their widths and nature of their improve- ments, and whether they are to be public or pri- vate. ASHLAND LAND USE ORDINANCE 18.3.9.040 18.3-109 c. Road cross-sections and profiles, clearly indicating the locations of final cuts and fills, and road grades. d. The location, layout, and servicing of all off-street parking areas. e. The property boundary lines. f. The individual lot lines of each parcel that are to be created for separate ownership. g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas, telephone lines, telephone cable, and lighting plans. h. Landscaping and tree planting plans with the location of the existing trees and shrubs which are to be retained, and the method by which they are to be preserved. i. Common areas and common and private open spaces, and the particular uses intended for them. Private open spaces shall be indicated if the areas are proposed as part of the required open space area for the development in section 18.4.4.070 (i.e., eight percent of total lot area in open space). j. Areas proposed to be conveyed, dedi- cated, reserved or used for parks, scenic ways, playgrounds, schools or public buildings. k. A plan showing the following for each existing or proposed building or structure for all sites except single-family, detached housing which meets the parent zone setbacks. i. Its location on the lot and within the planned unit development. ii. Its intended use. iii. The number of dwelling units in each residential building. iv. Plans shall indicate building en- velopes for all proposed lots, which show the area and maximum height of improvements, including solar access and view protection where required. l. Elevations of typical proposed residen- tial structures. Elevations should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hard- ware for heating and cooling. m. Manner of financing. n. Development time schedule. o. If individual lots are to be sold, a final plat is required, similar to that required for a sub- division, per chapter 18.5.3, Land Divisions and Property Line Adjustments. p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities, and plans for street improvements and grading or earth-moving improvements. q. The location of all trees over six inches diameter at breast height, which are to be removed by the developer. Such trees are to be tagged with flagging at the time of final plan approval. See also chapter 18.4.5, Tree Preservation and Protection. 5. Approval Criteria for Final Plan. Final plan approval shall be granted upon finding of sub- stantial conformance with the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial confor- mance shall exist when comparison of the outline plan with the final plan meets all of the following criteria: a. The number of dwelling units vary no more than ten percent of those shown on the ap- proved outline plan, but in no case shall the num- ber of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this ordinance. c. The common open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which re- sulted in the awarding of bonus points in the out- line plan approval have been included in the final plan with substantial detail to ensure that the per- formance level committed to in the outline plan will be achieved. g. The development complies with the street standards. 18.3.9.040 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY 18.3-110 18.3.9.050 h. Nothing in this section shall limit reduc- tion in the number of dwelling units or increased open space; provided, that if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the common open space reduced below that permitted in the outline plan. 6. Any substantial amendment to an ap- proved final plan shall follow a Type I procedure in section 18.5.1.050 and be reviewed in accor- dance with the above criteria. (Ord. 3191 § 16, amended, 11/17/2020) Performance Standards for Residential Developments A. Base Densities. The density of the develop- ment shall not exceed the density established by this section. The density shall be computed by di- viding 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 to- wards the total density. Accessory residential units and duplexes are not required to meet the density requirements of this chapter in accordance with sections 18.2.3.040 and 18.2.3.110. 1. The base density, for purposes of deter- mining density bonuses allowed under this section, for developments other than cottage housing, is as provided in Table 18.3.9.050.A.1. Table 18.3.9.050.A.1. Base Densities for Determining Allowable Density Bonus with Performance Standards Option Zone Allowable Density (dwelling units per acre) WR-2 0.30 du/acre WR-2.5 0.24 du/acre WR-5 0.12 du/acre WR-10 0.06 du/acre WR-20 0.03 du/acre RR-1 0.60 du/acre RR-.5 1.2 du/acre R-1-10 2.40 du/acre R-1-7.5 3.60 du/acre R-1-5 4.50 du/acre R-1-3.5 7.2 du/acre R-2 13.5 du/acre R-3 20 du/acre 2. Cottage Housing Development Density. a. Density Calculation. The maximum permitted number of dwellings and minimum lot areas for cottage housing developments allowed under this section is provided in Table 18.3.9.050.A.2.a. Cottage housing developments are not eligible for density bonuses pursuant to subsection 18.3.9.050.B. ASHLAND LAND USE ORDINANCE 18.3.9.050 18.3-111 Table 18.3.9.050.A.2.a. Base Densities for Determining Allowable Density Bonus with Performance Standards Option Zones Maximum Cottage Density Minimum Number of Cottages per Cottage Housing Development Maximum Number of Cottages per Cottage Housing Development Minimum Lot Size (Accommodates Minimum Number of Cottages) Maximum Floor Area Ratio (FAR) R-1-5, NN-1-5, NM-R-5 1 cottage dwelling unit per 2,500 square feet of lot area 3 12 7,500 square feet 0.35 R-1-7.5, NM- R-1-7.5 1 cottage dwelling unit per 3,750 square feet of lot area 3 12 11,250 square feet 0.35 b. Duplexes. Duplexes are permitted in a cottage housing development if the total number of dwellings in the development is at or below the maximum cottage housing development density in subsection 18.3.9.050.A.2.a, above. 3. Common Open Space Required. All de- velopments subject to this section with a base den- sity of ten units or greater shall be required to provide common open space pursuant to section 18.4.4.070. B. Density Bonus Point Calculations. The permitted base density shall be increased by the percentage gained through density bonus points. In no case shall the density exceed that allowed under the Comprehensive Plan. The maximum density bonus permitted shall be 60 percent (base density x 1.6), pursuant to the following criteria: 1. Conservation Housing. A maximum 15 percent bonus is allowed. One hundred percent of the homes or residential units approved for devel- opment, after bonus point calculations, shall meet the minimum requirements for certification as an Earth Advantage home, as approved by the Ash- land Conservation Division under the City’s Earth Advantage program as adopted by Resolution 2006-06. 2. Common Open Space. A maximum ten percent bonus is allowed, pursuant to the follow- ing: a. Purpose. Common open spaces may be provided in the form of natural areas, wetlands, playgrounds, active or passive recreational areas, and similar areas in common ownership. However, for the purposes of awarding density bonus points, the Planning Commission shall consider whether or not the common open space is a significant amenity to project residents, and whether project residents will use or enjoy the common open space on a day-to-day basis. b. Standard. Developments with fewer than ten units that provide more than two percent of the project area for common open space, or for developments of ten units or greater that pro- vide more than five percent common open space, a one percent bonus shall be awarded for each one percent of the total project area in common open space in excess of any common open space re- quired by section 18.4.4.070 and this chapter. The common open space shall meet the standards in section 18.4.4.070. 3. Affordable Housing. A maximum bonus of 35 percent is allowed. Developments shall re- ceive a density bonus of two units for each afford- 18.3.9.050 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY 18.3-112 18.3.9.060 18.3.9.070 able housing unit provided. Affordable housing bonus shall be for residential units that are guaran- teed affordable in accordance with the standards of section 18.2.5.050, Affordable Housing Standards. (Ord. 3199 § 17, amended, 06/15/2021; Ord. 3190 § 3, amended, 11/17/2020; Ord. 3155 § 7, amended, 07/17/2018; Ord. 3147 § 6, amended, 11/21/2017) Parking Standards All development under this chapter shall con- form to the following parking standards, which are in addition to the requirements of chapter 18.4.3, Parking, Access, and Circulation. A. On-Street Parking Required. For all per- formance standards subdivisions in R-1 zones, and for all performance standards subdivisions in R-2 or R-3 zones which create or improve city streets, at least one on-street parking space per proposed lot shall be provided with the following excep- tions: 1. Where on-street parking is provided on newly created or improved streets, the total num- ber of on-street spaces required should not surpass the available street frontage, with each parking space being considered equivalent to 22 feet in length without interruption and exclusive of desig- nated no-parking areas. 2. Streets outside the City of Ashland’s ju- risdiction, such as those overseen by the State of Oregon Department of Transportation (ODOT) or Jackson County, which are improved by a devel- opment, are not required to provide on-street park- ing as outlined in this requirement if prohibited or exempted by the governing jurisdiction. 3. Lots containing cottage housing develop- ments, housing units smaller than 750 square feet, or affordable housing are not subject to the re- quirement of providing on-street parking in perfor- mance standards subdivisions. B. On-Street Parking Standards. On-street parking spaces shall be immediately adjacent to the public right-of-way on publicly or association- owned land and be directly accessible from public right-of-way streets. On-street parking spaces shall be located within 200 feet of the lot that it is in- tended to serve. In addition, on-street public park- ing may be provided pursuant to minimum criteria established under subsection 18.4.3.060.A. C. Signing of Streets. The installation of “No Parking” signs regulating parking in the public right-of-way and any other signs related to the regulation of on-street parking shall be consistent with the street standards in 18.4.6.040, and shall be consistent with the respective City planning approval. (Ord. 3229 § 7, amended, 12/19/2023; Ord. 3147 § 6, amended, 11/21/2017) Setbacks All development under this chapter shall con- form to the following setback standards, which are in addition to the requirements of the applicable zone. A. Front Yard Setback. Front yard setbacks shall follow the requirements of the underlying district. B. Building Separation. The minimum sepa- ration between two buildings must be half of the height of the tallest building, where building height is measured at the two closest exterior walls, and the maximum required separation is 12 feet. See Figure 18.3.9.070.B. For cottage housing developments, the minimum separation between two buildings shall be reduced to six feet in ac- cordance with section 18.2.3.090. See also, defin- itions of height of building or structure, and grade or ground level in part 18.6. This standard does not apply to non-residential zoning districts including C-1, C-1-D, E-1, CM, and M-1. ASHLAND LAND USE ORDINANCE 18.3.9.070 18.3-113 18.3.9.080 Figure 18.3.9.070.B. Building Separation C. Solar Setback. Solar setbacks shall meet the requirements of section 18.4.8. D. Perimeter Setback. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. E. Building Envelope for Single-Family Structure. Any single-family structure not shown on the plan must meet the setback requirements es- tablished in the building envelope on the Outline Plan. (Ord. 3147 § 6, amended, 11/21/2017) Performance Standards Guidelines The City Council may adopt guidelines for Per- formance Standards developments by ordinance, following a Legislative public hearing held by the Planning Commission. These guidelines may con- tain the following. A. Minimum standards for Performance Stan- dards developments, including energy and water efficient housing standards; turn-around and other street standards; and minimum landscaping and design standards. B. Methods of achieving bonuses recom- mended by the Council. C. Additional standards and recommendations regarding project and unit design and layout, land- scaping, street furniture, and other aesthetic con- siderations. D. Interpretations of the intent and purpose of this chapter, applied to specific examples. E. Other informational or educational materials the Council deems advisable. 18.3.9.080 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY 18.3-114 18.3.10.010 18.3.10.020 18.3.10.030 18.3.10.040 18.3.10.050 18.3.10.060 18.3.10.070 18.3.10.080 18.3.10.090 18.3.10.100 18.3.10.110 18.3.10.120 18.3.10.130 18.3.10.010 18.3.10.020 Chapter 18.3.10 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY Sections: Purpose and Intent. Applicability. Review Procedure. Application Submission Requirements. Approval Criteria. Land Classifications. Official Maps. Development Standards for Flood Plain Corridor Lands. Development Standards for Hillside Lands. Development Standards for Wildfire Lands. Development Standards for Severe Constraint Lands. Density Transfer. Penalties. Purpose and Intent The purpose of this chapter is to provide for safe, orderly, and beneficial development of dis- tricts characterized by diversity of physiographic conditions and significant natural features; to limit alteration of topography and reduce encroachment upon, or alteration of, any natural environment and; to provide for sensitive development in areas that are constrained by various natural features. Physiographic conditions and significant natural features can be considered to include, but are not limited to: slope of the land, natural drainage ways, wetlands, soil characteristics, potential land- slide areas, natural and wildlife habitats, forested areas, significant trees, and significant natural veg- etation. Applicability A. Physical Constraints Review Permit. A Physical Constraints Review Permit is required for the following activities in the land classifications in section 18.3.10.060. 1. Alteration of Land. The alteration of the land surface by any of the following activities in areas identified as Flood Plain Corridor Land, Hillside Land, or Severe Constraint Land. a. Earth-moving activities such as grading, filling, stripping, or cutting involving more than 20 cubic yards on any lot, or earth-moving activity disturbing a surface area greater than 1000 square feet on any lot. b. Construction of a building, road, drive- way, parking area, or other structure; except that additions to existing buildings of less than 300 square feet to the existing building footprint shall not be considered development for section 18.3.10.090 Development Standards for Hillside Lands. c. Culverting or diversion of any stream designated by chapter 18.3.10. 2. Special Flood Hazard Area. All activities located within an area of special flood hazard are subject to the provisions for a Development Permit under AMC 15.10 Flood Damage and Prevention Regulations. 3. Tree Removal. a. Flood Plain Corridor Land. The follow- ing tree removal activities in areas identified as Flood Plain Corridor Land. See also, subsection 18.3.11.050.A.1 for tree pruning and removal stan- dards in Water Resource Protection Zones. i. The removal of three or more living trees of over six inches DBH, or the removal of five percent of the total number of living or dead trees over six inches DBH, whichever is greater, on any lot within five-year period, or any form of commercial logging. ii. The removal of one or more living conifers having a trunk 18 caliper inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger at breast height (DBH). b. Hillside Land and Severe Constraint Land. Tree removal, in areas identified as Hillside Land and Severe Constraint Land, except that a permit need not be obtained for tree removal that is not associated with development, and done for the purposes of wildfire management, provided one or more of the following conditions are met: i. The tree removal is carried out in ac- cord with an approved Fire Prevention and Control Plan. ASHLAND LAND USE ORDINANCE 18.3.10.020 18.3-115 18.3.10.030 18.3.10.040 ii. The tree is a conifer with a trunk of less than 18 caliper inches in diameter at breast height (DBH), or a broadleaf tree having a trunk of less than 12 caliper inches at breast height (DBH), and the removal is recommended by the Fire Code Official, and approved by the Staff Advisor, as part of a comprehensive fuels reduction strategy to im- plement General Fuel Modification Area standards consistent with section 18.3.10.100. c. Commercial Logging. Commercial log- ging in areas identified as Flood Plain Corridor Land, Hillside Land, or Severe Constraint Land. B. The land classifications in section 18.3.10.060 determine the development standards that are applicable to property. Where this chapter and any other ordinances (e.g., 18.3.11 Water Re- sources Protection Overlay), easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall pre- vail. (Ord. 3158 § 2, amended, 09/18/2018) Review Procedure A. If a development is part of a Site Design Re- view, Performance Standards Development, Con- ditional Use Permit, Subdivision, Partition, or any other planning action, the Physical Constraints Re- view Permit shall be reviewed simultaneously as a consolidated procedure. B. If a development is exclusive of any other planning action, then the Physical Constraints Re- view Permit shall be processed as a Type I in sec- tion 18.5.1.050. C. Where it appears that the proposal is part of a more extensive development that would require a master site plan, or other planning action, the Staff Advisor shall require that all necessary appli- cations be filed simultaneously. Application Submission Requirements The following information is required for a Physical Constraints Review Permit application, except where the Staff Advisor determines a sub- mission requirement is not reasonably necessary in order to make a decision on the application: A. Project name. B. Vicinity map. C. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale that fits on 22-inch by 34-inch paper. Multiple plans or layers shall be prepared at the same scale, excluding detail drawings. The Staff Advisor may authorize different scales and plan sheet sizes for projects, provided the plans provide sufficient in- formation to clearly identify and evaluate the ap- plication request. D. North arrow. E. Date. F. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. G. Lot layout with dimensions for all lot lines. H. Location and use of all proposed and ex- isting buildings, fences, and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. I. Location and size of all public utilities af- fected by the proposed development. J. Location of drainage ways or public utility easements in and adjacent to the proposed devel- opment, and location of all other easements. K. Topographic map of the site at a contour in- terval of not less than two feet nor greater than five feet. The topographic map shall also include a slope analysis, indicating buildable areas, as shown in Figure 18.3.10.040.K. Figure 18.3.10.040.K. Slope Analysis L. Location of all parking areas and spaces, ingress and egress on the site, and on-site circula- tion M. Accurate locations of all existing natural features including, but not limited to, all trees as required in 18.3.10.090.D.1, including those of a caliper equal to or greater than six inches in diam- eter at breast height (DBH), native shrub masses 18.3.10.030 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-116 18.3.10.050 18.3.10.060 with a diameter of ten feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks on the site, and outcroppings of rocks, boul- ders, etc. Natural features on adjacent properties potentially impacted by the proposed development shall also be included, such as trees with drip-lines extending across property lines. In forested areas, it is necessary to identify only those trees that will be affected or removed by the proposed develop- ment. Indicate any contemplated modifications to a natural feature, including trees, method of ero- sion control, water runoff control, and proposed tree protection for the development as required by this chapter. N. Building envelopes for all existing and pro- posed new parcels that contain only buildable area, as defined by this chapter. O. Location of all irrigation canals and major irrigation lines. P. Location of all areas of land disturbance, in- cluding cuts, fills, driveways, building sites, and other construction areas. Indicate total area of dis- turbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill. Q. Location for storage or disposal of all excess materials resulting from cuts associated with the proposed development. R. Applicant name, firm preparing plans, per- son responsible for plan preparation, and plan preparation dates shall be indicated on all plans. S. Proposed timeline for development based on estimated date of approval, including completion dates for specific tasks. T. Additional plans and studies as required in sections 18.3.10.080, 18.3.10.090, 18.3.10.100 and 18.3.10.110 of this chapter. (Ord. 3158 § 3, amended, 09/18/2018) Approval Criteria An application for a Physical Constraints Re- view Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been consid- ered, and adverse impacts have been minimized. B. That the applicant has considered the po- tential hazards that the development may create and implemented measures to mitigate the poten- tial hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environ- ment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advi- sor or Planning Commission shall consider the ex- isting development of the surrounding area, and the maximum development permitted by this ordi- nance. Land Classifications The following factors shall be used to determine the classifications of various lands and their con- straints to building and development on them. A. Flood Plain Corridor Lands. Lands with potential stream flow and flood hazard. The fol- lowing lands are classified as Flood Plain Corridor Lands. 1. All land contained within the 100-year Flood Plain as defined by the Federal Insurance Administration and identified in the Flood Insur- ance Map (FIRM) adopted by the City Council as provided for in AMC 15.10. 2. All land within the area defined as Flood Plain Corridor Land in maps adopted by the Coun- cil as provided for in section 18.3.10.070 Official Maps. 3. All lands which have physical or historical evidence of flooding in the historical past. 4. All areas within 20 feet (horizontal dis- tance) of any stream identified as a Riparian Preservation Creek on the Physical and Environ- mental Constraints Floodplain Corridor Lands map adopted pursuant to section 18.3.10.070 Offi- cial Maps. 5. All areas within ten feet (horizontal dis- tance) of any stream identified as a Land Drainage Corridor on the Physical and Environmental Con- straints Floodplain Corridor Lands maps adopted pursuant to section 18.3.10.070 Official Maps. B. Hillside Lands. Hillside Lands are lands that are subject to damage from erosion and slope failure, and which include areas that are highly visible from other portions of the city. The follow- ing lands are classified as Hillside Lands: All ar- eas defined as Hillside Lands on the Physical and Environmental Constraints Hillside Lands and Se- vere Constraints map and which have a slope of 25 percent or greater. ASHLAND LAND USE ORDINANCE 18.3.10.060 18.3-117 18.3.10.070 18.3.10.080 C. Wildfire Lands. Lands with potential of wildfire. The following lands are classified as Wildfire Lands: All areas defined as wildfire lands on the Physical and Environmental Constraints Wildfire Lands map. D. Severe Constraint Lands. The following lands are classified as Severe Constraint Lands, which have characteristics that severely limit nor- mal development. 1. All areas that are within the floodway channels, as defined in AMC 15.10. 2. All lands with a slope greater than 35 per- cent. E. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifica- tions, it shall be subject to the regulations of each classification. Those restrictions applied shall per- tain only to those portions of the land being devel- oped and not necessarily to the whole parcel. Official Maps A. The City Council shall adopt official maps denoting the above-identified areas. Substantial amendments of these maps shall be a Type III pro- cedure in section 18.5.1.070. B. Minor amendments of the maps to correct mapping errors when the amendments are in- tended to more accurately reflect the mapping cri- teria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type I procedure in section 18.5.1.050. Development Standards for Flood Plain Corridor Lands For all land use actions that could result in de- velopment of the Flood Plain Corridor, the follow- ing is required in addition to any requirements of AMC 15.10. A. Standards for Fill in Flood Plain Corridor Lands. 1. Fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and Oregon Residential Specialty Code (ORSC), where applicable. 2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in AMC 15.10, and the fill shall not exceed the angle of repose of the material used for fill. 3. The amount of fill in the Flood Plain Cor- ridor shall be kept to a minimum. Fill and other material imported from off the lot that could dis- place floodwater shall be limited to the following: a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials, and fill associated with approved public and pri- vate street and driveway construction. c. Plants and other landscaping and agri- cultural material. d. A total of 50 cubic yards of other im- ported fill material. e. The above limits on fill shall be mea- sured from April 1989, and shall not exceed the above amounts. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number of permits issued. 4. If additional fill is necessary beyond the permitted amounts in subsection 18.3.10.080.A.3, above, then fill materials must be obtained on the lot from cutting or excavation only to the extent necessary to create an elevated site for permitted development. All additional fill material shall be obtained from the portion of the lot in the Flood Plain Corridor. 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located as close to the outside edge of the Flood Plain Corridor as feasible. B. Crossings. A crossing of any waterway identified on the official maps adopted pursuant to section 18.3.10.070, Official Maps, (e.g., for streets, property access or utilities) must be de- signed by an engineer. Stream crossings shall be designed to the standards of AMC 15.10, or where no floodway has been identified, to pass a 100-year flood without any increase in the up- stream flood height elevation. The engineer shall consider in the design the probability that the crossing will be blocked by debris in a severe flood, and accommodate expected overflow. The crossing shall be at right angles to the stream chan- nel to the greatest extent possible. Fill for stream crossings shall be kept to the minimum necessary to achieve property access, but is exempt from the limitations in subsection 18.3.10.080.A, above. 18.3.10.070 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-118 C. Elevation of Non-Residential Structures. Non-residential structures shall be flood-proof to the standards in AMC 15.10 to one foot above the elevation contained in the maps adopted by AMC 15.10, or up to the elevation contained in the of- ficial maps adopted by section 18.3.10.070, Offi- cial Maps, whichever height is greater. Where no specific elevations exist, then they must be flood- proofed to an elevation of ten feet above the stream channel on Ashland, Bear or Neil Creek; to five feet above the stream channel on all other Ri- parian Preservation Creeks identified on the offi- cial maps adopted pursuant to section 18.3.10.070; and three feet above the stream channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to section 18.3.10.070. D. Elevation of Residential Structures. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one foot above the elevation contained in the maps adopted in AMC 15.10, or to the elevation contained in the official maps adopted pursuant to section 18.3.10.070, Official Maps, whichever height is greater. Where no specific elevations exist, then they must be constructed at an elevation of ten feet above the stream channel on Ashland, Bear, or Neil Creek; to five feet above the stream channel on all other Riparian Preservation Creeks identi- fied on the official maps adopted pursuant to sec- tion 18.3.10.070; and three feet above the stream channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to section 18.3.10.070, or one foot above visible evidence of high flood water flow, whichever is greater. An engineer or surveyor shall certify the elevation of the finished lowest habitable floor prior to issuance of a certificate of occupancy for the structure. E. Structure Placement. To the maximum ex- tent feasible, structures shall be placed on other than Flood Plain Corridor Lands. In the case where development is permitted in the Flood Plain Corri- dor area, then development shall be limited to that area which would have the shallowest flooding. F. Residential Structure Placement. Existing lots with buildable land outside the Flood Plain Corridor shall locate all residential structures out- side the Corridor Land, unless 50 percent or more of the lot is within the Flood Plain Corridor. For residential uses proposed for existing lots that have more than 50 percent of the lot in Corridor Land, structures may be located on that portion of the Flood Plain Corridor that is two feet or less below the flood elevations on the official maps, but in no case closer than 20 feet to the channel of a Ri- parian Preservation Creek identified on the offi- cial maps adopted pursuant to section 18.3.10.070. Construction shall be subject to the requirements in subsection 18.3.10.080.D, above. G. New Non-Residential Structures. New non-residential uses may be located on that portion of Flood Plain Corridor Lands that equal to or above the flood elevations on the official maps adopted in section 18.3.10.070, Official Maps. Second story construction may be cantilevered or supported by pillars that will have minimal impact on the flow of floodwaters over the Flood Plain Corridor for a distance of 20 feet if it does not impact riparian vegetation, and the clearance from finished grade is at least ten feet in height. The fin- ished floor elevation may not be more than two feet below the flood corridor elevations. H. Building Envelopes. All lots modified by property line adjustments, and new lots created from areas containing Flood Plain Corridor Land, must have building envelopes containing buildable area of a sufficient size to accommodate the uses permitted in the underlying zone, unless the action is to provide open space or for conservation pur- poses. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning or- dinance. I. Basements. 1. Habitable basements are not permitted for new or existing structures or additions located within the Flood Plain Corridor. 2. Nonhabitable basements, used for storage, parking, and similar uses are permitted for resi- dential structures but must be flood-proofed to the standards of AMC 15.10. J. Hazardous Chemicals. Storage of petro- leum products, pesticides, or other hazardous or toxic chemicals is not permitted in Flood Plain Corridor Lands. K. Fences. Fences shall be located and con- structed in accordance with subsection ASHLAND LAND USE ORDINANCE 18.3.10.080 18.3-119 18.3.10.090 18.3.11.050.B.3. Fences shall not be constructed across any waterway or stream identified on the official maps adopted pursuant to section 18.3.10.070, Official Maps. Fences shall not be constructed within any designated floodway. L. Decks and Other Structures. Decks and structures other than buildings, if constructed on Flood Plain Corridor Lands and at or below the levels specified in subsections 18.3.10.080.C and D, shall be flood-proofed to the standards con- tained in AMC 15.10. M. Local Streets and Utilities. Local streets and utility connections to developments in and ad- jacent to the Flood Plain Corridor shall be located outside of the Flood Plain Corridor, except for crossing the Corridor, except as provided for in chapter 18.3.11, Water Resources Protection Zones (Overlays), or in the Flood Plain Corridor as outlined below. 1. Public street construction may be allowed within the Bear Creek Flood Plain Corridor as part of development following the adopted North Mountain Neighborhood Plan. This exception shall only be permitted for that section of the Bear Creek Flood Plain Corridor between North Moun- tain Avenue and the Nevada Street right-of-way. The new street shall be constructed in the general location as indicated on the neighborhood plan map, and in the area generally described as having the shallowest potential for flooding within the corridor. 2. Proposed development that is not in ac- cord with the North Mountain Neighborhood Plan shall not be permitted to utilize this exception. (Ord. 3191 § 17, amended, 11/17/2020) Development Standards for Hillside Lands It is the purpose of the Development Standards for Hillside Lands to provide supplementary de- velopment regulations to underlying zones to en- sure that development occurs in such a manner as to protect the natural and topographic character and identity of these areas, environmental re- sources, the aesthetic qualities and restorative value of lands, and the public health, safety, and general welfare by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, and se- vere cutting or scarring. It is the intent of these de- velopment standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the City. A. General Requirements. The following general requirements shall apply in Hillside Lands: 1. Buildable Area. All development shall oc- cur on lands defined as having buildable area. Slopes greater than 35 percent shall be considered unbuildable except as allowed below. Exceptions may be granted to this requirement only as pro- vided in subsection 18.3.10.090.H. a. Existing parcels without adequate buildable area less than or equal to 35 percent shall be considered buildable for one single-family dwelling and an accessory residential unit or a du- plex in accordance with the standards in sections 18.2.3.040 and 18.2.3.110. b. Existing parcels without adequate buildable area less than or equal to 35 percent can- not be subdivided or partitioned. 2. Building Envelope. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35 percent or less. 3. New Streets and Driveways. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35 percent slope with the following exceptions: a. The street is indicated on the Street Dedication map. b. The portion of the street, flag drive, or driveway on land greater than 35 percent slope does not exceed a length of 100 feet. 4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or par- titions, the following additional information is re- quired: a geotechnical study prepared by a geotechnical expert indicating that the site is stable for the proposed use and development. The study shall include the following information: a. Index map. b. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. c. Site geology, based on a surficial sur- vey, to include site geologic maps, description of 18.3.10.090 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-120 bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and struc- tural data including bedding, jointing and shear zones, soil depth, and soil structure. d. Discussion of any off-site geologic con- ditions that may pose a potential hazard to the site, or that may be affected by on-site development. e. Suitability of site for proposed develop- ment from a geologic standpoint. f. Specific recommendations for cut and fill slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards. g. If deemed necessary by the engineer or geologist to establish whether an area to be af- fected by the proposed development is stable, ad- ditional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. h. Signature and registration number of the engineer and/or geologist. i. Additional information or analyses as necessary to evaluate the site. j. Inspection schedule for the project as re- quired in subsection 18.3.10.090.B.9. k. Location of all irrigation canals and ma- jor irrigation pipelines. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items: 1. All grading, retaining wall design, drainage, and erosion control plans for develop- ment on Hillside Lands shall be designed by a ge- otechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. 2. Timing of Improvements. For develop- ment other than single-family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by Oc- tober 31. Up to 30-day modification to the Octo- ber 31 date and 45-day modification to the May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant, to ac- complish the necessary project goals. 3. Retention in Natural State. On all projects on Hillside Lands involving partitions and subdi- visions, and existing lots with an area greater than one-half acre, an area equal to 25 percent of the to- tal project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent. For example, on a 25,000-square-foot lot with an average slope of 29 percent, 25 percent plus 29 percent equals 54 percent of the total lot area shall be retained in a natural state. The retention in a natural state of ar- eas greater than the minimum percentage required here is encouraged. 4. Grading – Cuts. On all cut slopes on areas classified as Hillside Lands, the following stan- dards shall apply: a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the to- tal area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, re- taining walls, or functional equivalent to control erosion and provide slope stability when neces- sary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control netting or structural equiv- alent installed per manufacturers’ specifications, and revegetated. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a max- imum height of five feet. Terrace widths shall be a minimum of three feet to allow for the intro- duction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a min- imum setback of one-half the height of the cut slope from the nearest property line. See Figure 18.3.10.090.B.4.b. ASHLAND LAND USE ORDINANCE 18.3.10.090 18.3-121 Figure 18.3.10.090.B.4.b. Cut and Fill Slopes c. Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. See Fig- ure 18.3.10.090.B.4.c. Figure 18.3.10.090.B.4.c. Stepped Foundations d. Revegetation of cut slope terraces shall include the provision of a planting plan, intro- duction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in re- source value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long-term slope stabilization. Trees, bush-type plantings, and cascading vine- type plantings may be appropriate. 5. Grading – Fill. On all fill slopes on lands classified as Hillside Lands, the following stan- dards shall apply: a. Fill slopes shall not exceed a total verti- cal height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a mini- mum of six feet from the nearest property line. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer’s recommenda- tions. c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When de- termined that it is necessary to install utilities on fill slopes, all plans shall be designed by a geot- echnical expert. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the sur- face. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. 6. Revegetation Requirements. Where re- quired by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the is- suance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be in- stalled in such a manner as to be substantially es- tablished within one year of installation. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, includ- ing but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to en- sure maintenance of measures. b. Security. Except for individual lots ex- isting prior to January 1, 1998, after an Erosion Control Plan is approved by the hearing authority and prior to construction, the applicant shall pro- vide a performance bond or other financial guar- 18.3.10.090 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-122 antees in the amount of 120 percent of the value of the erosion control measures necessary to sta- bilize the site. Any financial guarantee instrument proposed, other than a performance bond, shall be approved by the City Attorney. The financial guar- antee instrument shall be in effect for a period of at least one year, and shall be released when the Community Development Director and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of the security re- tained by the City may be withheld for a period up to five years beyond the one-year maintenance pe- riod if it has been determined by the City that the site has not been sufficiently stabilized against ero- sion. 8. Site Grading. The grading of a site on Hill- side Lands shall be reviewed considering the fol- lowing factors: a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. b. Avoid hazardous or unstable portions of the site. c. Building pads should be of minimum size to accommodate the structure and a reason- able amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual struc- tures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were in- stalled as per the approved plans, and that all scheduled inspections, as per subsection 18.3.10.090.A.4.j, were conducted by the project geotechnical expert periodically throughout the project. C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the following standards: 1. All facilities for the collection of storm water runoff shall be constructed on the site and according to the following requirements: a. Storm water facilities shall include storm drain systems associated with street con- struction, facilities for accommodating drainage from driveways, parking areas and other impervi- ous surfaces, and roof drainage systems. b. Storm water facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site. c. Storm water facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state, recognizing the erosion potential from in- creased storm drainage. e. Flow-retarding devices, such as deten- tion ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Each facility shall consider the needs for an emer- gency overflow system to safely carry any over- flow water to an acceptable disposal point. f. Storm water facilities shall be designed, constructed and maintained in a manner that will avoid erosion on site and to adjacent and down- stream properties. g. Alternate storm water systems, such as dry well systems, detention ponds, and leach fields, shall be designed by a registered engineer or geotechnical expert and approved by the Public Works Department or Building Official. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements: 1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be prepared, which locates all trees greater than six inches diameter at breast height (DBH) iden- tified by DBH, species, and approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or diseased trees shall be identi- fied. Groups of trees in close proximity (i.e., those within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall have an accuracy of plus or minus two feet. The name, signature, and address ASHLAND LAND USE ORDINANCE 18.3.10.090 18.3-123 of the site surveyor responsible for the accuracy of the survey shall be provided on the tree survey. Portions of the lot or project area not to be dis- turbed by development need not be included in the inventory. 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be con- ducted by a landscape professional. The following factors shall be included in this determination: a. Tree Health. Healthy trees can better withstand the rigors of development than nonvig- orous trees. b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in damage to people and property. c. Species. Species vary in their ability to tolerate impacts and damage to their environment. d. Longevity. Potential longevity. e. Variety. A variety of native tree species and ages. f. Size. Large trees provide a greater pro- tection for erosion and shade than smaller trees. 3. Tree Conservation in Project Design. Sig- nificant conifer trees having a trunk 18 caliper inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and incorporated into the project design whenever possible. a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. See Figure 18.3.10.090.D.3.a. Figure 18.3.10.090.D.3.a. Site Planning for Tree Preservation b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the general fuel modification standards if the development is located in Wildfire Lands. c. Layout of the project site utility and grading plan shall avoid disturbance of tree protec- tion areas. 4. Tree Protection. On all properties where trees are required to be preserved during the course of development, the developer shall follow the fol- lowing tree protection standards: a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, the applicant shall install tree protection fencing in accordance with section 18.4.5.030.C. Prior to any construction activity, the site shall be inspected pursuant to section 18.4.5.030.D. b. Construction site activities, including but not limited to parking, material storage, soil compaction, and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas. c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City and landscape pro- fessional. If grading or construction is approved within the drip line, a landscape professional may be required to be present during grading opera- tions, and shall have authority to require protective measures to protect the roots. d. Changes in soil hydrology and site drainage within tree protection areas shall be min- 18.3.10.090 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-124 imized. Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. e. Should encroachment into a tree pro- tection area occur which causes irreparable dam- age, as determined by a landscape professional, to trees, the project plan shall be revised to compen- sate for the loss. Under no circumstances shall the developer be relieved of responsibility for compli- ance with the provisions of this chapter. 5. Tree Removal. Development shall be de- signed to preserve the maximum number of trees on a site. The development shall follow the stan- dards for fuel reduction if the development is lo- cated in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the follow- ing conditions: a. The tree is located within the building envelope. b. The tree is located within a proposed street, driveway, or parking area. c. The tree is located within a water, sewer, or other public utility easement. d. The tree is determined by a landscape professional to be dead or diseased, or it consti- tutes an unacceptable hazard to life or property when evaluated by the standards in subsection 18.3.10.090.D.2. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. f. The tree is identified for removal as part of an approved Fire Prevention and Control Plan per subsection 18.3.10.100.A, or with the excep- tion of significant trees the tree removal is recom- mended by the Fire Code Official, and approved by the Staff Advisor, as part of a comprehensive fuels reduction strategy to implement a General Fuel Modification Area consistent with subsection 18.3.10.100.B. 6. Tree Replacement. Trees approved for re- moval, with the exception of trees removed be- cause they were determined to be diseased, dead, a hazard, or to comply with General Fuel Modifica- tion Area requirements, shall be replaced in com- pliance with the following standards: a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall in- clude all locations for replacement trees, and shall also indicate tree planting details. b. Replacement trees shall be planted such that the trees will in time result in canopy equal to or greater than the tree canopy present prior to development of the property. See Figure 18.3.10.090.D.6.b. The canopy shall be designed to mitigate the impact of paved and developed ar- eas, reduce surface erosion, and increase slope sta- bility. Replacement tree locations shall consider impact on the Wildfire Prevention and Control Plan. The hearing authority shall have the dis- cretion to adjust the proposed replacement tree canopy based upon site-specific evidence and tes- timony. Figure 18.3.10.090.D.6.b. Tree Planting Guideline c. Maintenance of replacement trees shall be the responsibility of the property owner. Re- quired replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, after which a new five-year re- placement period shall begin. Replanting must oc- cur within 30 days of notification unless otherwise noted. 7. Enforcement. a. All tree removal shall be done in accord with the approved tree removal and replacement ASHLAND LAND USE ORDINANCE 18.3.10.090 18.3-125 plan. No trees designated for conservation shall be removed without prior approval of the City. b. Should the developer or developer’s agent remove or destroy any tree that has been designated for conservation, the developer may be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to three times the current market value, as es- tablished by a professional arborist, whichever is greater. c. Should the developer or developer’s agent damage any tree that has been designated for protection and conservation, the developer shall be penalized $50.00 per scar. If necessary, a profes- sional arborist’s report, prepared at the developer’s expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher of the two values shall be used. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards: 1. Building Envelopes. All newly created lots, either by subdivision or partition, shall con- tain building envelopes conforming to the follow- ing standards: a. The building envelope shall contain a buildable area with a slope of 35 percent or less. See Figure 18.3.10.090.E.1.a. Figure 18.3.10.090.E.1.a. Buildable Area b. Building envelopes and lot design shall address the retention of a percentage of the lot in a natural state as required in subsection 18.3.10.090.B.3. c. Building envelopes shall be designed and located to maximize tree conservation as re- quired in subsection 18.3.10.090.D.3 while rec- ognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. d. It is recommended that building enve- lope locations should be located to avoid ridgeline exposures, and designed such that the roofline of a building within the envelope does not project above the ridgeline as illustrated in Figure 18.3.10.090.E.1.d. Figure 18.3.10.090.E.1.d. 2. Building Design. To reduce hillside distur- bance through the use of slope responsive design 18.3.10.090 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-126 techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits: a. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. See Figure 18.3.10.090.E.2.a.i and Fig- ure 18.3.10.090.E.2.a.ii Figure 18.3.10.090.E.2.a.i. Hillside Building Height/Permitted Figure 18.3.10.090.E.2.a.ii. Hillside Building Height/Not Permitted b. Cut buildings into hillsides to reduce ef- fective visual bulk. i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. c. A building step-back shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step- backs shall be a minimum of six feet. Decks pro- jecting out from the building wall and hillside shall not be considered a building step-back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. See Figure 18.3.10.090.E.2.c. Figure 18.3.10.090.E.2.c. Downhill Building Step-Back d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a min- imum offset of six feet. See Figure 18.3.10.090.E.2.d. ASHLAND LAND USE ORDINANCE 18.3.10.090 18.3-127 18.3.10.100 Figure 18.3.10.090.E.2.d. Horizontal Offsets e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irreg- ular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided; however, smaller gables may be permitted. See Figure 18.3.10.090.E.2.c. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhang- ing decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. g. It is recommended that color selection for new structures be coordinated with the pre- dominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experi- ence. A designer, as defined, shall not complete working drawings without having foundations de- signed by an engineer. G. All newly created lots or lots modified by a lot line adjustment must include building en- velopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is to provide open space or for conservation purposes. H. Exception to the Development Standards for Hillside Lands. An exception under this sec- tion is not subject to the variance requirements of chapter 18.5.5, Variances. An application for an exception is subject to the Type I procedure in sec- tion 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria: 1. There is demonstrable difficulty in meet- ing the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10, Physical and Environmental Constraints Overlay, and sec- tion 18.3.10.090, Development Standards for Hill- side Lands. (Ord. 3199 § 18, amended, 06/15/2021; Ord. 3191 § 18, amended, 11/17/2020; Ord. 3158 § 4, amended, 09/18/2018) Development Standards for Wildfire Lands It is the purpose of the development standards for Wildfire Lands to provide supplementary de- velopment regulations to underlying zones to re- duce or minimize the potential impacts of wildfire on properties, the occupants of properties and the occupants of adjacent properties. These standards function to balance the need to preserve natural habitat, prevent erosion, provide for aesthetic and functional landscaping, and to facilitate access to manmade structures by firefighters in the event of a wildfire. A. Requirements for Subdivisions, Performance Standards Developments, Site Design Review or Partitions. 1. Applicability. A Fire Prevention and Con- trol Plan shall be required with the submission of any application for an outline plan approval of a Performance Standards development, preliminary plat of a subdivision, land partition, Commercial Site Design Review increasing a building’s foot- print by 200 square feet or greater, or Residen- 18.3.10.100 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-128 tial Site Design Review for developments of three units or greater. 2. Plan Submission Requirements. The Fire Prevention and Control Plan, prepared at the same scale as the development plans, shall address the General Fuel Modification Area requirements out- lined in subsection 18.3.10.100.B and include the submission materials listed below. The Staff Advi- sor may waive a plan submittal requirement if the Staff Advisor determines it is not reasonably nec- essary in order to make a decision on the applica- tion. a. The location and dimensions of all ex- isting and proposed structures, parking areas and driveways on the property. b. The location, dimension, and grade of fire apparatus access roads and driveways serving all structures on the property. c. The location and dimensions of all structures upon adjoining properties located within 30 feet of a shared property line. d. The location of all existing and pro- posed fire hydrants. e. Site contours showing two-foot inter- vals detailing elevation and slope. f. A tree and vegetation management plan showing: i. Areas where shrubs and bushes will be removed including a description of the species and size; ii. Areas where trees will be removed to reduce interlocking tree canopies including a description of the species and diameter at breast height (DBH); iii. New trees, shrubs and bushes to be planted including the species, location and size at maturity; iv. Significant trees to be retained. g. The location of and information ad- dressing required General Fuel Modification Area setback areas as described in subsection 18.3.10.100.B. h. A schedule and timetable for vegetation removal and thinning shall be included in the Fire Prevention and Control Plan. An exception to the implementation schedule may be granted by the Fire Code Official. 3. Approval Criteria. The hearing authority, in consultation with the Fire Code Official, shall approve the Fire Prevention and Control Plan upon demonstration of compliance with the standards required by this chapter. a. In order to meet the purpose and stan- dards of this chapter the hearing authority, in con- sultation with the Fire Code Official, may require the following through the imposition of conditions attached to the approval: i. Delineation of areas of heavy vegeta- tion to be thinned and a formal plan for such thin- ning. ii. Clearing of sufficient vegetation to reduce fuel load. iii. Removal of all dead and dying trees. iv. Relocation of proposed structures and roads to reduce the risks of wildfire and im- prove the chances of successful fire suppression. v. Preservation or planting a sufficient number of trees and plants for erosion prevention and enhancement of water resources. 4. Fire Prevention and Control Plan Maintenance. The property owner of a lot, or homeowners’ association for areas held in com- mon, shall be responsible for maintaining the property in accord with the requirements of the Fire Prevention and Control Plan approved by the hearing authority. a. Provisions for the maintenance of a re- quired Fire Prevention and Control Plan shall be included in the covenants, conditions and restric- tions for the development, or otherwise recorded in the Jackson County real property records, and the City shall be named as a beneficiary of such covenants, restrictions, and conditions. B. Requirements for Construction of All Buildings and Decks. 1. Applicability. A “fuel modification area” is defined as an area either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wild- fire and to create an area for fire suppression op- erations. Establishment of a fuel modification area does not involve stripping the ground of all native vegetation. A fuel modification area shall be re- quired for the following construction: a. All new buildings located on a vacant lot, that increase lot coverage by 200 square feet ASHLAND LAND USE ORDINANCE 18.3.10.100 18.3-129 or greater, shall have a General Fuel Modification Area covering the full extent of the property. b. Decks, additions to existing buildings, and detached accessory structures which increase lot coverage by 200 square feet or greater, shall have a General Fuel Modification Area extending 30 feet from the furthest extent of the addition, deck, or accessory structure, or to the property line, whichever is less. 2. General Fuel Modification Area Standards. To reduce fire spread both from and to structures on the property, and to adjoining prop- erties, the establishment and maintenance of a fuel modification area requires the following: a. All standing dead and dying vegetation shall be removed from the property, except when considered ecologically beneficial. b. Newly planted vegetation within 30 feet of any building or deck shall not include species listed on the City’s Prohibited Flammable Plant List. This setback distance shall be increased by ten feet for each ten percent increase in the average slope of the property over ten percent. c. Within five feet of a new building, ad- dition, or deck, existing vegetation listed on the City’s Prohibited Flammable Plant List shall be re- moved, with the exceptions of significant trees as defined in part 18.6. d. Within five feet of a new building, ad- dition, or deck, combustible manmade and natural materials are prohibited, including but not limited to bark mulch, stored wood, and accumulation of dry leaves and needles, except when permitted as follows: i. Combustible materials may be per- mitted within five feet of a structure when the Staff Advisor, in consultation with the Fire Code Of- ficial, has determined the portion of the structure adjoining the combustible material is constructed with ignition-resistant building materials sufficient to reduce the spread of fire from the combustible materials. e. Existing trees which are identified on the City’s Prohibited Flammable Plant List shall be maintained to provide a clearance from new struc- tures and additions, as follows: i. Ten feet horizontal clearance from a chimney outlet. At no time shall tree crowns or limbs extend into the vertical plane of a chimney outlet. ii. Ten feet above the roof of a new building or addition. iii. Ten feet from the furthest extension of a new building or addition or deck. iv. In circumstances where pruning a tree to meet the clearance from structures require- ments of subsections 18.3.10.100.B.2.e.i-iii would compromise the health and survival of existing trees, the Staff Advisor may modify those require- ments, but at a minimum the trees shall be pruned to maintain a ground clearance consistent with subsection 18.3.10.100.B.2.i. f. Canopy spacing of the outermost limbs of trees on the City’s Prohibited Flammable Plant List shall be separated by at least ten feet at mature size. i. Groups of trees in immediate proxim- ity to each other may be considered as one tree canopy when approved by the Staff Advisor in consultation with the Fire Code Official. ii. Canopy spacing requirements do not apply to significant trees, as defined in part 18.6, or trees that are not listed on the City’s Prohibited Flammable Plant List. g. Fire resistant trees, those not listed on the City’s Prohibited Flammable Plant List, shall be maintained to provide clearance from structures as follows: i. Ten feet horizontal clearance from a chimney outlet. At no time shall tree crowns or limbs extend into the vertical plane of a chimney outlet. ii. Tree limbs shall be pruned to ensure they do not touch any part of a structure including but not limited to roofs, eaves, and decks. h. Existing trees which are identified on the City’s Prohibited Flammable Plant List shall be pruned to provide a ground clearance of a mini- mum eight feet above the ground, or one-third of the tree height, whichever is less. i. Existing shrubs which are identified on the City’s Prohibited Flammable Plant List shall be maintained to provide a clearance from new struc- tures and other flammable vegetation as follows: i. Five feet clearance from the furthest extension of a new building, addition or deck. 18.3.10.100 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-130 ii. Separation from other listed flamma- ble shrubs within the General Fuel Modification Area shall be a minimum of two times the shrub’s height at maturity. j. Newly planted shrubs which are identi- fied on the City’s Prohibited Flammable Plant List shall be: i. A minimum of 30 feet from the fur- thest extension of any building, addition or deck. ii. Separated from other listed flamma- ble shrubs by a minimum of two times the shrub’s height at maturity. iii. Located outside of the drip line of a tree which is listed on the City’s Prohibited Flam- mable Plant List. k. The vertical clearance between the top of understory vegetation within the drip line of a tree and the lowest tree limbs shall be at least three times the height of vegetation where either the tree or vegetation is listed on the City’s Prohib- ited Flammable Plant List. l. Where necessary for erosion control, slope stability, riparian and wetland preservation and enhancement, performing functions consid- ered beneficial in water resource protection, or aesthetic purposes, existing vegetation may be al- lowed to be retained consistent with an approved Fire Prevention and Control Plan, or upon written approval of the Staff Advisor in consultation with the Fire Code Official. m. Fuel modification in areas which are also classified as Hillside Lands or Water Re- source Protection Zones shall be included in the erosion control measures outlined in section 18.3.10.090, Development Standards for Hillside Lands, and management plan for water resource protection zones in section 18.3.11.110. n. The General Fuel Modification Area standards outlined in subsection 18.3.10.100.B.2 may be reduced or waived when approved by the Staff Advisor in consultation with the Fire Code Official, provided it is demonstrated that the fire risk has been reasonably reduced such as in cases where ignition-resistant materials and construction methods, or vegetation type and separation, func- tion to enhance the structure’s protection from ex- terior wildfire exposure. 3. Roofing. Where 50 percent or more of a structure’s roof area is replaced within a five-year period, the roof covering shall be constructed or reroofed with a Class B or better roof covering. 4. Fencing. Where fencing is attached to a building or deck, the fencing shall be made of non- combustible materials within five feet of the con- nection to the structure in compliance with the requirements in section 18.4.4.060. C. Implementation. 1. For lands required to comply with sub- section 18.3.10.100.A that have been partitioned, subdivided or received Site Design Review, all requirements of the Fire Prevention and Control Plan shall be complied with prior to bringing com- bustible materials onto the property. 2. The Fire Prevention and Control Plan must be implemented during installation of public or private utilities and site improvements required of a subdivision, partition, Site Design Review or Performance Standards development, and shall be considered part of the applicant’s obligations for land development. a. The plan shall be implemented prior to final plat approval for lots created by partitions and for subdivisions or Performance Standards de- velopments not requiring public improvements. The Fire Code Official, or designee, shall inspect and approve the implementation of the Fire Pre- vention and Control Plan and provide written no- tice to the Staff Advisor that the plan was completed as approved by the hearing authority, or as amended in accordance with subsection 18.3.10.100.D. b. Final inspection of requisite fuel modi- fication areas will be conducted prior to bringing combustible materials onto the property to verify compliance with the fuel reduction standards set forth in subsection 18.3.10.100.B. 3. For construction of buildings and decks requiring a General Fuel Modification Area, the establishment of the fuel modification area pro- vided for in subsection 18.3.10.100.B shall be completed before bringing combustible materials onto the property. Upon completion of the con- struction, all General Fuel Modification Area tree and shrub clearance standards shall be verified. The property owner, or subsequent property own- ers, shall be responsible for maintaining the prop- erty in accord with the General Fuel Modification ASHLAND LAND USE ORDINANCE 18.3.10.100 18.3-131 18.3.10.110 Area standards as defined in subsection 18.3.10.100.B.2. D. Minor Amendments. Changes to a previ- ously approved Fire Prevention and Control Plan are subject to ministerial approval by the Staff Ad- visor, with written concurrence from the Fire Code Official, when it is demonstrated that the proposed amendments do not constitute an increased risk to the spread of wildfire. 1. Minor amendments to an approved Fire Prevention and Control Plan include the follow- ing: a. A change in the implementation sched- ule provided within an approved Fire Prevention and Control Plan. b. A delay in the implementation of re- quired fuels reduction in consideration of weather conditions, and fire hazard potential, during the period of construction. c. The retention of existing non-fire-resis- tant trees or shrubs, or planting of new non-fire-re- sistant trees or shrubs, within 30 feet of a structure. d. A reduction of the requisite fuel modi- fication area to address observed field conditions including preservation of riparian, wetland, and slope stabilizing vegetation. e. A reduction of the requisite fuel mod- ification area in recognition of the use of fire- resistant materials and construction methods that function to provide the structure with reduced ex- terior wildfire exposure. f. A change in the Fire Prevention and Control Plan that results in a tree canopy separa- tion of less than ten feet between the outermost limbs of trees which are identified on the City’s Prohibited Flammable Plant List. g. The temporary storage of combustible materials on a property prior to completion of a Fire Prevention and Control Plan or establishment of a required fuel modification area. h. A reduction of the spacing between the top of the understory vegetation and the lowest tree limbs not meeting the requirements of subsec- tion 18.3.10.100.B.2. E. Exceptions to a Fire Prevention and Control Plan and General Fuel Modification Area Standards. The approval authority may ap- prove exceptions to the Development Standards for Wildfire Lands to meet the purpose of this chapter subject to approval through a Type I pro- cedure for the following: 1. An action prescribed by this section that includes the removal of trees designated to be re- tained as part of an approved planning action. 2. A change that includes the removal of na- tive vegetation within a Water Resources Protec- tion Zone. 3. A change in the Fire Prevention and Con- trol Plan not specifically listed as a minor amend- ment under subsection 18.3.10.100.D.1. 4. Tree removal on C-1, C-1-D, E-1, CM, M-1, HC, R-2, R-3, and NN-2 zoned properties subject to Tree Removal Permit requirements set forth in chapter 18.5.7. (Ord. 3158 § 1, replaced, 09/18/2018) Development Standards for Severe Constraint Lands A. Severe Constraint Lands are extremely sen- sitive to development, grading, filling, or vegeta- tion removal and, whenever possible, alternative development should be considered. B. Development of floodways is not permitted except for bridges and road crossings. Such cross- ings shall be designed to pass the 100-year flood without raising the upstream flood height more than six inches. C. Development on lands greater than 35 per- cent slope shall meet all requirements of section 18.3.10.090 Development Standards for Hillside Lands in addition to the requirements of this sec- tion. D. Development of land or approval for a plan- ning action shall be allowed only when the follow- ing study has been accomplished. An engineering geologic study approved by the Public Works Di- rector and Planning Director establishes that the site is stable for the proposed use and develop- ment. The study shall include the following infor- mation. 1. Index map. 2. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. 3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and struc- 18.3.10.110 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY 18.3-132 18.3.10.120 18.3.10.130 tural data including bedding, jointing and shear zones, soil depth, and soil structure. 4. Discussion of any off-site geologic condi- tions that may pose a potential hazard to the site, or that may be affected by on-site development. 5. Suitability of site for proposed develop- ment from a geologic standpoint. 6. Specific recommendations for cut slope stability, seepage and drainage control, or other de- sign criteria to mitigate geologic hazards. 7. If deemed necessary by the engineer or ge- ologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross- sections showing subsurface structure, graphic logs with subsurface exploration, results of labora- tory test and references. 8. Signature and registration number of the engineer and/or geologist. 9. Additional information or analyses as nec- essary to evaluate the site. Density Transfer Density may be transferred out of unbuildable areas to buildable areas of a lot provided the fol- lowing standards are met. A. Partitions and subdivisions involving den- sity transfer shall be processed under chapter 18.3.9 Performance Standards Option Overlay. B. A map shall be submitted showing the net buildable area to which the density will be trans- ferred. C. A covenant shall be recorded limiting devel- opment on the area from which density is trans- ferred. D. Density may not be transferred to properties under different ownership. E. Density may be transferred only on contigu- ous lots under common ownership. F. The density of the buildable area may not be increased to more than two times the permitted density of the underlying zone. Fractional units are to be rounded down to the next whole number. Penalties In addition to taking enforcement action and as- sessing penalties for violations of this code, as authorized by chapter 18.1.6 Zoning Permit Expi- ration, Extension, and Enforcement, the City make take the following actions where there is a viola- tion of this chapter. A. Whenever any work is being done contrary to the provisions of this chapter or whenever ero- sion control measures, tree protection measures, wildfire control measures, or Flood Plain Corridor development measures are not being properly maintained or are not functioning properly due to faulty installation or neglect, the Staff Advisor may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall immediately stop work until autho- rized by the director or designee to proceed with the work. B. All development under this chapter and all work or construction for which a permit is required under this chapter shall be subject to inspection by the Staff Advisor. When an inspection is made un- der this section or when it is necessary to make an inspection to enforce this code, or when the Staff Advisor has reasonable cause to believe that there exists upon Hillside Lands a condition which is contrary to or in violation of this chapter which makes the premises unsafe, dangerous or haz- ardous, the Staff Advisor may enter the premises at reasonable times to inspect or to perform the duties imposed by this chapter. The Staff Advisor shall first make a reasonable effort to locate the owner or other person having charge of the premises and request entry. C. The City may refuse to accept any develop- ment permit application, may revoke or suspend any development or building permit, or may deny occupancy on the property until erosion control measures, tree protection measures, wildfire con- trol measures, or Flood Plain Corridor develop- ment measures have been installed properly and are maintained in accordance with the require- ments of this chapter. D. The owner of the property from which ero- sion occurs due to failure or neglect of erosion control measures, together with any person or par- ties who cause such erosion shall be responsible to mitigate the impacts of the erosion and prevent fu- ture erosion. ASHLAND LAND USE ORDINANCE 18.3.10.130 18.3-133 18.3.11.010 18.3.11.020 18.3.11.030 18.3.11.040 18.3.11.050 18.3.11.060 18.3.11.070 18.3.11.080 18.3.11.090 18.3.11.100 18.3.11.110 18.3.11.120 18.3.11.130 18.3.11.010 18.3.11.020 Chapter 18.3.11 WATER RESOURCES PROTECTION ZONES (OVERLAYS) Sections: Purpose. Applicability. Inventory of Ashland’s Water Resources. Establishment of Water Resource Protection Zones. Activities and Uses Exempt from These Regulations. Limited Activities and Uses. Water Resource Protection Zone Reductions. Hardship Exceptions for Development in Water Resource Protection Zones. Approval Standards for Land Divisions and Property Line Adjustments. Application Submission Requirements. Mitigation Requirements for Water Resource Protection Zones. Map Errors and Adjustments. Enforcement and Penalties. Purpose The purpose and intent of this chapter is: A. To implement state and federal law with re- spect to the protection of clean water, pollution control, and preservation of endangered species. B. To protect Ashland’s Goal 5 significant wet- lands and riparian areas, thereby protecting and restoring the hydrologic, ecologic, and land con- servation functions these areas provide for the community. C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffer- ing and separation of those land uses and activities that lead to or may create impacts on water quality, as well as to reduce the risk to people and property resulting from the inappropriate management of wetland and riparian areas. D. To implement the goals and policies of the Environmental Resources chapter of Ashland’s Comprehensive Plan with respect to water re- sources, wetlands, floodplains, and stream flood- ing. E. To reduce flood damage and potential loss of life in areas subject to periodic flooding. F. To better manage storm water drainage, min- imize maintenance costs, protect properties adja- cent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife habi- tat and provide opportunities for trail connections. G. To protect water associated with Ashland’s hydrology for human uses, fish and wildlife and their habitats. H. To control erosion and limit sedimentation. I. To protect the amenity values and educa- tional opportunities of Ashland’s wetlands, water bodies and associated riparian areas as community assets. J. To improve public appreciation and under- standing of wetlands and riparian areas for their unique ecosystem structure and functions and for the human-nature interactions they provide. K. To improve and promote coordination among local, state, and federal agencies regarding development activities near Ashland’s wetlands, water bodies, and associated riparian areas. L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when off- set by appropriate mitigation, as stipulated in the ordinance and other applicable state and federal re- quirements. Applicability A. The provisions of this chapter apply to all lands containing Water Resources and Water Re- source Protection Zones. Water Resources and Water Resource Protection Zones are defined, es- tablished and protected in this chapter. B. State and federal wetland and riparian regu- lations will continue to apply within the City, re- gardless of whether or not these areas are mapped on Water Resources map. Nothing in this chapter shall be interpreted as superseding or nullifying state or federal requirements. Additionally, the City shall provide notification to the Oregon De- partment of State Lands (DSL), as required by Di- vision 23 of Oregon Administrative Rules, for all applications concerning development permits or other land use decisions affecting wetlands on the inventory. 18.3.11.010 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-134 18.3.11.030 18.3.11.040 C. The burden is on the property owner to demonstrate that the requirements of this chapter are met or are not applicable to development activ- ity or other proposed use or alteration of land. The Staff Advisor may make a determination based on the Water Resources map, field check, and any other relevant maps, site plans, and information that a Water Resource or Water Resource Protec- tion Zone is not located on a particular site or is not impacted by proposed development, activities or uses. In cases where the location of the Water Re- source or Water Resource Protection Zone is un- clear or disputed, the Staff Advisor may require a survey, delineation prepared by a natural resource professional, or a sworn statement from a natural resource professional that no Water Resources or Water Resource Protection Zones exist on the site. D. All Water Resource Protection Zones shall be protected from alteration and development, ex- cept as specifically provided in this chapter. No person or entity shall alter or allow to be altered any real property designated as a Water Resource Protection Zone, except as set forth in an exemp- tion, approved planning application or permit au- thorized in this chapter. No person or entity shall use or allow to be used, property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning applica- tion or permit authorized in this chapter. E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent re- strictions shall prevail. It is likely that there will be some overlap between the regulations in this chap- ter and those in chapter 18.3.10 Physical and En- vironmental Constraints Overlay, which regulates development in physical constrained areas includ- ing floodplains. Where two regulations are in con- flict, the most stringent shall govern. Inventory of Ashland’s Water Resources The approximate locations of Ashland’s Water Resources are identified on the Water Resource map, adopted by the City and added to the Com- prehensive Plan through Ordinance 2419 (May 1987), Ordinance 2528 (July 1989) and Ordinance 2999 (December, 2009). Because the Comprehen- sive Plan maps are acknowledged to be approxi- mate, the more precise wetland boundaries can be mapped, staked, and used for development review purposes without a modification of the Compre- hensive Plan maps. Establishment of Water Resource Protection Zones A Water Resource Protection Zone is hereby es- tablished adjacent to and including all Water Re- sources to protect their integrity, function, and value. The boundaries of the following Water Re- source Protection Zones shall be established by an on-site survey based upon the following standards. A. Stream Bank Protection Zones. The fol- lowing types of Stream Bank Protection Zones are hereby established to protect streams and their as- sociated riparian resources. The approximate lo- cations of streams are identified on the Water Resources map. 1. Riparian Corridor. For streams classified as Riparian Corridor fish-bearing streams with an annual average stream flow less than 1,000 cubic feet per second and on the Water Resources map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within 50 feet upland from the top of bank as illustrated in Figure 18.3.11.040.A.1. ASHLAND LAND USE ORDINANCE 18.3.11.040 18.3-135 Figure 18.3.11.040.A.1. Stream Bank Protection Zone for Riparian Corridor Streams 2. Local Streams. For streams classified as non-fish-bearing Local Streams and on the Water Resources map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer con- sisting of all lands 40 feet from the centerline of the stream as illustrated in Figure 18.3.11.040.A.2. Figure 18.3.11.040.A.2. Stream Bank Protection Zone for Local Streams 3. Intermittent and Ephemeral Streams. For streams classified as Intermittent and Ephemeral Streams on the Water Resource Protection Zones map, the Stream Bank Protection Zone shall in- clude the stream, plus a riparian buffer consisting of all lands within 30 feet from the centerline of the stream as illustrated in Figure 18.3.11.040.A.3. 18.3.11.040 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-136 Figure 18.3.11.040.A.3. Stream Bank Protection Zone for Intermittent and Ephemeral Streams 4. Significant Wetland Presence. Where a Stream Bank Protection Zone includes all or part of a significant wetland as identified on official maps adopted by the City, the distance to the Stream Bank Protection Zone boundary shall be measured from, and include, the upland edge of the wetland. 5. Determination of Protection Zone. The measurement of the Stream Bank Protection Zones shall be a horizontal distance from the top of bank or from the center line of the stream as specified above. For streams that were piped or relocated to a culvert prior to the effective date of this chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or the width of any existing easement (e.g., drainage-way easement), whichever is greater. B. Wetland Protection Zones. The following types of Wetland Protection Zones are hereby es- tablished to protect wetland resources. The ap- proximate locations of Locally Significant Wetlands and Wetlands are identified on the Water Resources map. The precise boundary of a wetland and wetland buffer shall be established through conducting an on-site wetland delineation and sur- vey based upon the following standards. 1. Locally Significant Wetlands. For wet- lands classified as Locally Significant on the Wa- ter Resources map, the Wetland Protection Zone shall consist of all lands identified to have a wet- land presence on the wetland delineation, plus a wetland buffer consisting of all lands within 50 feet of the upland-wetland edge as illustrated in Figure 18.3.11.040.B.1. A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City that graphically represents the location of wetlands on a site plan map in accordance with subsection 18.3.11.100.A.3. An average buffer width of 50 feet may be utilized around the perimeter of a significant wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and val- ues of the resource will be ensured, and that there will be an enhanced buffer treatment through the implementation and maintenance of a restoration and enhancement plan within the buffer area. Figure 18.3.11.040.B.1. Wetland Protection Zone for Locally Significant Wetlands 2. Possible Wetlands. For wetlands not clas- sified as Locally Significant on the Water Re- ASHLAND LAND USE ORDINANCE 18.3.11.040 18.3-137 18.3.11.050 sources map, the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland delineation, plus all lands within 20 feet of the upland-wetland edge as il- lustrated in Figure 18.3.11.040.B.2. Possible Wet- lands includes all areas designated as such on the Water Resources map and any unmapped wetlands discovered on site. A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City that graphically represents the location of wetlands on a site plan map in accordance with subsection 18.3.11.100.A.3. An average buffer width of 20 feet may be utilized around the perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural re- sources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured. Figure 18.3.11.040.B.2. Wetland Protection Zone for Possible Wetlands 3. Determination of Protection Zone. The measurement of the Wetland Protection Zone shall be a horizontal distance from the upland-wetland edge as specified above. Activities and Uses Exempt from These Regulations A. Exempt Activities Within Water Resource Protection Zones. The following activ- ities and uses do not require a permit or autho- rization under this chapter to be conducted or to continue in a Water Resource Protection Zone. Ex- empt activities and uses may qualify as develop- ment as defined in part 18.6 and may require a floodplain development permit. 1. Vegetation Maintenance, Planting, and Removal. a. Landscaping Maintenance. Continued maintenance of existing vegetation such as land- scaping, lawn, gardens, and trees. b. Lawn. Existing lawn within Water Re- source Protection Zones may be maintained, but existing lawn shall not be expanded and new lawn shall not be installed. c. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum and shall be in accordance with the chapter 18.4.5 Tree Preservation and Protection. Under no circum- stances shall the maintenance pruning be so severe that it compromises the tree’s health, longevity, or resource functions (i.e., shade, soil stability, ero- sion control, etc.) d. Non-Native, Noxious, and Invasive Vegetation Removal. Removal of non-native, nox- ious, and invasive vegetation, and replacement with local native plant species is permitted. The act of removing non-native, noxious, and invasive vegetation shall not result in the removal of native vegetation. Local native plant species for both wetland and stream bank applications are identi- fied on the City’s Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City’s Prohibited Plant List. Removal and mowing of blackberries shall occur before May 1 or after July 31 to protect nest- ing birds. e. Hazardous Tree Removal. Removal of a hazardous tree is allowed under the procedures and approval criteria described in chapter 18.4.5 Tree Preservation and Protection. f. In-Channel Vegetation Removal. Re- moval of emergent in-channel vegetation that is likely to cause flooding using non-invasive meth- ods such as mowing or weed-whacking that do not disturb the underlying substrate. Mechanized removal of emergent in-channel vegetation that would involve associated removal of soil below the ordinary high water line is not permitted and 18.3.11.050 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-138 would otherwise be subject to state and federal wetland permitting requirements. g. Routine Planting. The planting of local native plant species or the replacement of non-na- tive, noxious and invasive plants with local na- tive plant species is allowed. Local native plant species for both wetland and stream bank appli- cations are identified on the City’s Local Native Plant Species List, and noxious and invasive veg- etation approved for removal is identified on the City’s Prohibited Plant List. h. Use of Equipment or Machinery. Use of hand-held equipment or machinery for vegetation maintenance, planting, and removal within Water Resource Protection Zones is allowed. Power-as- sisted equipment or machinery may be used for vegetation maintenance, planting, and removal within Water Resource Protection Zones when soil disturbance and erosion are minimized by all of the following measures. i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31, and shall not occur during the remaining wet months of the year. ii. The general topography of the Water Resource Protection Zone shall be retained. iii. Soil compaction from construction equipment shall be reduced by distributing the weight of the equipment over a large area (e.g., laying lightweight geo-grids, mulch, chipped wood, plywood, OSB, metal plates or other mate- rials capable of weight distribution in the pathway of the equipment). iv. Local native plant species shall not be damaged or removed. v. Disturbed areas shall be replanted so that landscaping shall obtain 50 percent coverage after one year and 90 percent after five years. 2. Building, Paving, and Grading. a. Testing. Site investigative work is al- lowed provided it has minimal surface area distur- bance and is conducted by or required by a city, county, state, or federal agency. Such work may include surveys, percolation tests, soil borings or other similar tests. b. Unpaved Trails. The establishment of unpaved trails and related educational displays is allowed provided the trail width shall not exceed 36 inches, stair width shall not exceed 50 inches, and trail grade shall not exceed 20 percent except for the portion of the trail containing stairs. Trails in public parks may be up to 72 inches in width to accommodate high pedestrian traffic areas. Trails construction within a delineated wetland boundary shall be by permit in accordance with local, state, and federal permitting requirements and approved management plans. c. Storm Water Treatment Facility Maintenance. Routine maintenance of storm water treatment facilities such as detention ponds or sed- iment traps, vegetated swales, and constructed wetlands is allowed in order to maintain flow and prevent flooding when conducted in accordance with local, state and federal permitting require- ments and approved management plans. Multi- year maintenance plans for existing storm water treatment facilities without previously approved management plans require a Limited Activity and Use Permit in accordance with subsection 18.3.11.060.A.2. 3. Nonconforming Activities, Uses, and Structures. An activity, use or structure legally es- tablished prior to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to the limitations and con- trols imposed by this chapter, shall be considered a nonconforming activity, use or structure, and may continue subject to the following provisions. a. Nonconforming Structures. Noncon- forming structures within or partially within a Wa- ter Resource Protection Zone may be maintained and used. b. Expansion of Nonconforming Structures. Expansion of the footprint of a non- conforming structure within or partially within a Water Resource Protection Zone if the expansion of the footprint occurs outside the Water Resource Protection Zone and additional surface area in the Water Resource Protection Zone is not disturbed. Additional stories may be added to nonconforming structures if the following conditions are met. i. The existing building footprint within the Water Resource Protection Zone is not changed in size or shape. ii. The building, including decks, does not project beyond the building footprint over the Water Resource Protection Zone. ASHLAND LAND USE ORDINANCE 18.3.11.050 18.3-139 iii. Additional surface area in the Water Resource Protection Zone is not disturbed. c. Replacement of Nonconforming Primary Structures in Residential Zoning Districts. Nonconforming primary structures within or partially within a Water Resource Pro- tection Zone and located in residential zoning dis- tricts may be replaced or rebuilt if the existing building footprint within the Water Resource Pro- tection Zone is not changed in size or shape and additional surface area in the Water Resource Pro- tection Zone is not disturbed. Repair and recon- struction of a nonconforming structure under this section shall be in accordance with the require- ments of the Flood Damage Prevention Regula- tions in AMC 15.10. d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within Historic Districts. Nonconforming struc- tures within or partially within a Water Resource Protection Zone, located in a non-residential zon- ing district and within a Historic District may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a noncon- forming structure under this section shall be in accordance with the requirements of AMC 15.10 Flood Damage Prevention Regulations. e. Exemptions for Historic Public Parks and Properties. Nonconforming activities, land- scaping, uses, and structures included in Lithia Park, Blue Bird Park, and Calle Guanajuato and located in the Water Resource Protection Zone may be used, maintained, and replaced, but shall not be expanded or enlarged within the Water Re- source Protection Zone. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations in AMC 15.10. 4. City Emergency Activities. Emergency re- pair authorized by the City Manager or his/her de- signee which must be undertaken immediately, or for which there is insufficient time for full compli- ance with this chapter, in order to address at least one of the following. a. Prevent an imminent threat to public health or safety. b. Prevent imminent danger to public or private property. c. Prevent an imminent threat of serious environment degradation. B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In ad- dition to the Exempt Activities and Uses in sub- section 18.3.11.050.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Stream Bank Protection Zone. 1. Fire Hazard Prevention. Cutting or thin- ning of vegetation for fire hazard prevention pro- vided that the cutting or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in chapter 18.3.10 Physical and Environmental Constraints Overlay. 2. Stream Restoration and Enhancement. Stream restoration and enhancement projects when all of the following standards are met. a. The restoration and enhancement re- sults in a net gain in stream bank corridor func- tions. b. The lot is in a residential zoning district and occupied only by a single-family dwelling and accessory structures. c. The property has not undergone stream restoration and enhancement work in the past 12 months. d. The restoration and enhancement pro- ject does not involve in-stream work. e. The restoration and enhancement pro- ject may include minor earth moving activities in- volving excavation or placement of up to five cubic yards of soil and earth-moving activity dis- turbing a surface area of no more than 1,000 square feet. 3. Fences. Fences limited to open wire, elec- tric or similar fence that will not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the upland half of the riparian buffer furthest away from the stream. Solid wood fencing is prohibited in Water Resource Protection Zones. Temporary tree protection fencing in accordance with the Tree Preservation and Protection standards in 18.4.5 is 18.3.11.050 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-140 18.3.11.060 allowed in conjunction with a development pro- ject. Fencing in a designated floodplain shall con- form to the requirements of subsection 18.3.11.070.K. 4. Outdoor Patio Areas. Outdoor patio areas consisting of porous solid surfaces up to 150 square feet in size per lot, but not including decks, may be constructed in the upland half of the ripar- ian buffer furthest away from the stream. 5. Public Utility Maintenance and Replacement. Routine maintenance and replace- ment of existing public utilities and irrigation pumps if work disturbs no more total surface area than the area inside the public utility easement and up to an additional five percent surface area of the public utility easement outside of the public utility easement. 6. Private Utility Maintenance and Replacement. Routine maintenance and replace- ment of existing private utilities and irrigation pumps. 7. Driveway and Street Maintenance and Paving. Maintenance, paving, and reconstruction of existing public and private streets and drive- ways if work disturbs no more total surface area than the area inside the street right-of-way or ac- cess easement and up to an additional five percent surface area of the street right-of-way or access easement outside of the right-of-way or easement. Public streets shall be located in public right-of- way or a public easement. C. Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the Exempt Activities and Uses in subsection 18.3.11.050.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Wet- land Protection Zone. 1. Fire Hazard Prevention. Perimeter mow- ing or thinning of vegetation for fire hazard pre- vention consistent with a wetland mitigation plan approved by the Oregon Division of State Lands, or within the wetland buffer provided that the mowing or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in the chapter 18.3.10 Physical and Environmental Constraints Overlay. The Staff Advisor may ap- prove perimeter mowing or thinning of vegetation in wetlands that do not have an approved wetland mitigation plan using the ministerial process if a plan is submitted demonstrating that native plants will not be removed. 2. Fences. Fences limited to open wire, elec- tric or similar fence that will not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the wetland buffer. Solid wood fencing is prohib- ited in Water Resource Protection Zones. Tempo- rary tree protection fencing required in accordance with the Tree Preservation and Protection stan- dards in 18.4.5 is allowed in conjunction with a development project. Fencing in a designated floodplain shall conform to the requirements of subsection 18.3.10.070.K. (Ord. 3192 § 120, amended, 11/17/2020) Limited Activities and Uses The following activities and uses within Water Resource Protection Zones are allowed provided the activities or uses comply with the review pro- cedure and approval standards set forth in subsec- tion 18.3.11.060.D: A. Limited Activities and Uses within Water Resource Protection Zones. 1. Use of Power-Assisted Equipment or Machinery. Use of power-assisted equipment or machinery for vegetation maintenance unless oth- erwise exempted in subsection 18.3.11.050.A.1.h. 2. Multi-Year Maintenance Plans. Multi-year maintenance plans may be authorized as follows for existing areas or storm water treatment facili- ties in Water Resource Protection Zones which do not have previously approved management plans. a. Publicly and Commonly Owned Properties. The routine restoration and enhance- ment of publicly and commonly owned properties such as parks and common open spaces. b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water treat- ment facilities such as detention ponds or sediment traps, vegetated swales, and constructed wetlands in order to maintain flow and prevent flooding. Routine maintenance of storm water treatment fa- cilities in accordance with an approved manage- ment plan is exempted as outlined in subsection 18.3.11.050.A.2.c. 3. Building, Paving, and Grading Activities. Permanent alteration of Water Resource Protection ASHLAND LAND USE ORDINANCE 18.3.11.060 18.3-141 Zones by grading or by the placement of struc- tures, fill or impervious surfaces may be autho- rized as follows: a. New Public Access and Utilities. The location and construction of public streets, bridges, trails, multi-use path connections, and utilities deemed necessary to maintain a functional system and upon finding that no other reasonable, alternate location outside the Water Resource Pro- tection Zone exists. This ordinance, the Compre- hensive Plan, Transportation System Plan, adopted utility master plans, and other adopted documents shall guide this determination. b. New Private Access and Utilities. The location and construction of private streets, drive- ways, and utilities to provide a means of access to an otherwise inaccessible or landlocked property where no other reasonable, alternate location out- side the Water Resource Protection Zone exists. c. Storm Water Treatment Facility Installation. Installation of public and private storm water treatment facilities such as detention ponds or sediment traps, vegetated swales, and constructed wetlands. d. Replacement of Nonconforming Accessory Structures in Residential Districts and Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Outside Historic Districts. Replacement of nonconforming structures located within or partially within the original building footprint, except those noncon- forming primary structures exempted in subsec- tion 18.3.11.050.A.3, provided replacement does not disturb additional surface area within the Wa- ter Resource Protection Zone. B. Additional Limited Activities and Uses within Stream Bank Protection Zones. 1. Stream Restoration and Enhancement. Restoration and enhancement projects resulting in a net gain in stream bank corridor functions unless otherwise exempted in subsection 18.3.11.050.B.2. Restoration and enhancement ac- tivities not otherwise associated with development involving building, grading or paving are encour- aged, and planning application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. 2. Driveway and Street Maintenance and Paving. Maintenance, paving, and reconstruction of existing public and private streets and drive- ways if work disturbs more total surface area than the area inside the street right-of-way or access easement and an additional five percent surface area of the street right-of-way or access easement outside of the right-of-way or easement. Public streets shall be located in public right-of-way or a public easement. 3. Public Facility Paving and Reconstruction. Paving and reconstruction of pub- lic parking areas and walkways if additional sur- face area in the Stream Bank Protection Zone is not disturbed, the public facilities are deemed nec- essary to maintain a functional system and upon finding that no other reasonable alternate location outside the Water Resource Protection Zone exists. 4. Public Utility Maintenance and Replacement. Routine maintenance and replace- ment of existing public utilities and irrigation pumps if work disturbs more total surface area than the area inside the public utility easement and an additional five percent surface area of the pub- lic utility easement outside of the public utility easement. 5. Erosion Control. Erosion control and stream bank stabilization measures that have been approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize nonstructural bio-engineering methods. 6. Storm Water Outfall. Construction of a storm water outfall discharging treated storm wa- ter from an adjacent developed area; provided, that the discharge meets local, state, and federal water quality regulations. 7. Bridges. The installation of a bridge or similar, bottomless crossing structure for the pur- pose of constructing a public or private street, bi- cycle or pedestrian crossing, as well as to provide a means of access to an otherwise inaccessible or landlocked property. 8. Flood Control Measures. Installation or expansion of structural flood control measures, in- cluding but not limited to concrete retaining walls, gabions, gravity blocks, etc., shall generally be prohibited, but approved only if demonstrated that less-invasive, nonstructural methods will not ad- 18.3.11.060 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-142 18.3.11.070 equately meet the stabilization or flood control needs. C. Additional Limited Activities and Uses within Wetland Protection Zones. 1. Wetland Restoration and Enhancement. Wetland restoration and enhancement projects re- sulting in a net gain in wetland functions. Wetland restoration and enhancement activities not other- wise associated with development involving build- ing, grading or paving are encouraged, and planning application fees associated with review- ing these activities for compliance with applicable land use standards may be waived by the Staff Ad- visor. 2. Driveway and Street Maintenance and Paving. Maintenance, paving, and reconstruction of existing public and private streets and drive- ways. Public streets shall be located in public right-of-way or public easement. 3. Public and Private Utility Maintenance and Replacement. Routine maintenance and re- placement of existing public and private utilities that disturb lands within the Wetland Protection Zone. D. Limited Activities and Uses Permit. All limited activities and uses described in section 18.3.11.060 shall be subject to a Type I procedure in section 18.5.1.050. An application for a limited activities and uses permit shall be approved if the proposal meets all of the following criteria: 1. All activities shall be located as far away from streams and wetlands as practicable, de- signed to minimize intrusion into the Water Re- source Protection Zone and disturb as little of the surface area of the Water Resource Protection Zone as practicable. 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on water resources. 3. On stream beds or banks within the bank- full stage, in wetlands, and on slopes of 25 percent or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where necessary to construct public fa- cilities or to ensure slope stability. 4. Water, storm drain, and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and wetlands. 5. Stream channel repair and enhancement, riparian habitat restoration and enhancement, and wetland restoration and enhancement will be re- stored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 18.3.11.110, Mitiga- tion Requirements. 6. Long-term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection 18.3.11.110.C, except a management plan is not required for residentially zoned lots oc- cupied only by a single-family dwelling and ac- cessory structures. (Ord. 3191 § 19, amended, 11/17/2020) Water Resource Protection Zone Reductions A Water Resource Protection Zone may be re- duced by up to 25 percent through a Type I proce- dure in 18.5.1.050, and by greater than 25 percent and up to 50 percent through a Type II procedure in section 18.5.1.060 if the proposal meets all of the following criteria. A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of up to a 50 percent reduc- tion of any dimensional standards (e.g., required front, side and rear yard setbacks; required dis- tance between buildings) to permit development as far outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall be re- viewed as part of the requested reduction, and shall not be subject to a separate Variance applica- tion under chapter 18.5.5 Variances. Reductions to dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the north through a concurrent Solar Access Vari- ance application as described in chapter 18.4.8 So- lar Access. B. The alteration of the Water Resource Protec- tion Zone is the minimum necessary to efficiently perform the proposed activity and/or use. The pro- ASHLAND LAND USE ORDINANCE 18.3.11.070 18.3-143 18.3.11.080 18.3.11.090 posed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development. 1. Multi-story construction shall be consid- ered. 2. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a porous solid surface paving material. 4. Engineering solutions shall be used to minimize additional grading and/or fill. C. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. The structures, functions, and values of the Water Resource will be restored through the implementation of a restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and re- quirements described in section 18.3.11.110 Miti- gation Requirements. D. Long term conservation, management, and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection 18.3.11.110.C, except a management plan is not required for residentially zoned lots oc- cupied only by a single-family dwelling and acces- sory structures. Hardship Exceptions for Development in Water Resource Protection Zones Hardship Exceptions shall be subject to a Type II procedure in section 18.5.1.060, and are not sub- ject to the Variance requirements of chapter 18.5.5 Variances. An application for a Hardship Excep- tion may be approved if the proposal meets all of the following criteria. A. The application of this chapter unduly re- stricts the development or use of the lot, and ren- ders the lot not buildable. B. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. C. The applicant has explored all other reason- able options available under this chapter and other applicable provisions of this ordinance to relieve the hardship. D. Adverse impacts on the structures, func- tions, or values of the resource including water quality, erosion, or slope stability that would result from approval of the exception have been mini- mized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared in accordance with the standards and requirements in section 18.3.11.110 Mitigation Requirements. E. Long term conservation, management, and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection 18.3.11.110.C, except a management plan is not required for residentially zoned lots oc- cupied only by a single-family dwelling and acces- sory structures. Approval Standards for Land Divisions and Property Line Adjustments Planning actions and procedures containing Wa- ter Resource Protection Zones and involving the division of land or property line adjustments shall comply with the following provisions and shall include the plan requirements in subsection 18.3.11.100.A.3: A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to per- mit the establishment of the use and associated ac- cessory uses. B. Conservation Area. Performance standards option subdivision, subdivision, partition, and site design review applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consis- tent with the provisions of this chapter. The ap- proval authority may require that the Water Resource Protection Zone be included in a sep- arate tract of land managed by a homeowners’ association or other common ownership entity re- sponsible for preservation. C. Density Transfer. Density calculated from the land area contained within the Water Resource 18.3.11.080 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-144 18.3.11.100 Protection Zone may be transferred to lands out- side the Water Resource Protection Zone provided the following standards are met: 1. Partitions and subdivisions involving den- sity transfer shall be processed under chapter 18.3.9, Performance Standards Option and PSO Overlay. 2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to which the density will be transferred. 3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed by a homeowners’ association or other common ownership entity responsible for manage- ment of the area. 4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership. 5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number. D. Management Plan. Long-term conserva- tion, management, and maintenance of the Water Resource Protection Zone consistent with the re- quirements of this chapter shall be ensured through preparation and recordation of a management plan as described in subsection 18.3.11.110.C. E. Mitigation Requirements. The approval authority may require a mitigation plan in accor- dance with the requirements of section 18.3.11.110, Mitigation Requirements, to mitigate impacts resulting from land divisions. F. Exemptions for a Public Purpose. An ex- emption to the requirements described above shall be granted for lots created for park purposes, or privately owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands contained within the Water Resource Protection Zone. (Ord. 3191 § 20, amended, 11/17/2020) Application Submission Requirements A. Required Plans and Information. The fol- lowing plans and information shall be submitted with the application for activities and uses in a Wa- ter Resource Protection Zone which are required to be processed under a Type I or Type II procedure in chapter 18.5.1 including Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Exceptions. 1. A narrative description of all proposed ac- tivities and uses including the extent to which any Water Resource Protection Zone is proposed to be altered or affected as a result of the proposed de- velopment activity or use (in terms both of square footage of surface disturbance and cubic yards of overall disturbance). 2. Written findings of fact addressing all ap- plicable development standards and approval cri- teria. 3. Site development plan map, drawn to scale. The application shall include a site map of the subject property prepared by a licensed sur- veyor, civil engineer, or other design professional that includes the information described below. The Staff Advisor may request additional information based upon the character of the site or the specific nature of the proposal. a. All watercourses identified (including any drainage ways, ponds, etc). b. Surveyed location of the Water Re- source Protection Zone, as described in section 18.3.11.040 Establishment of Water Resource Pro- tection Zones. For applications involving single- family residences or Limited Activities and Uses, in lieu of a surveyed location, the Staff Advisor may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee in which the applicant shall be re- quired to stake the top-of-bank or the upland-wet- land edge and the boundary of the Water Resource Protection Zone. c. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non-fish- bearing; identification of the top-of-bank or cen- ter line as required; and surveyed location of the stream’s floodway and floodplain, if applicable. d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an accompanying site map) prepared by a natural resource professional and that has been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland boundaries identified. ASHLAND LAND USE ORDINANCE 18.3.11.100 18.3-145 18.3.11.110 e. Topographic information at two foot contour increments identifying both existing grades and proposed grade changes. f. Surveyed locations of all trees six inches in diameter at breast height (DBH) or greater lo- cated in the Water Resource Protection Zone and within 15 feet of the Water Resource Protection Zone, identified by edge of canopy, DBH, and species; g. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native, invasive species identified. h. Location of existing and proposed de- velopment, including all existing and proposed structures, any areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other alterations to the site’s natural state. i. The location of natural features, pro- posed and existing structures, and other proposed and existing improvements associated with lands within 100 feet of the Water Resource Protection Zone. j. Proposed and existing land uses within 100 feet of the Water Resource Protection Zone. k. The location of temporary fencing and erosion control measures installed to prevent en- croachment and flow of material into the Water Resource Protection Zone, such as sediment fenc- ing and hay bales, etc. l. North arrow and scale. m. Sources of information (federal, state, and local). 4. Mitigation Plan prepared in accordance with the requirements described in section 18.3.11.110 Mitigation Requirements. 5. Management Plan prepared in accordance with the requirements described in subsection 18.3.11.110.C., except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory struc- tures. B. Building Permits and Development Activities. When approval of a planning action is not required, other permit applications for the con- struction of structures or other development ac- tivities on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor to ensure that Water Resource Protection Zones are accurately identified on a site plan and that Limited Activities and Uses or other site dis- turbances will not be conducted within the Water Resource Protection Zone. Temporary fencing and erosion control measures may be required to be in- stalled to prevent encroachment and flow of ma- terial or other debris into the Water Resource Protection Zone and to otherwise prevent impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When required, these measures shall be installed and site-verified by the Staff Advisor before any permits are issued and prior to the commencement of excavation, grad- ing, site clearing, construction, or similar site work resulting in changes to the land. C. Required Information Waived – Determination. Applications under this chapter involving properties containing a Water Resource Protection Zone shall accurately indicate the loca- tions of these features and all other information as described and required above. The Staff Advisor may waive one or more of the required elements of the site development plan map in subsection 18.3.11.100.A.3 if evidence is provided conclu- sively demonstrating that proposed excavation, grading, site clearing, construction, or similar ac- tions resulting in changes to the property are not located within the boundaries of the Water Re- source Protection Zone. Mitigation Requirements for Water Resource Protection Zones A. Vegetation Preservation and Construction Staging. The following standards shall be addressed in mitigation plans to protect vegetation identified for preservation and water resources from sedimentation when construction activity is proposed within a Water Resources Pro- tection Zone. 1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, stag- ing, or stockpiling shall occur outside of desig- nated work areas. 2. Trees shall not be used as anchors for sta- bilizing equipment. 3. Stockpiling of soil or soil mixed with veg- etation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary 18.3.11.110 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-146 storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. 4. Temporary erosion control measures shall be installed to prevent encroachment and flow of runoff, material, or other debris into the Water Resource. These measures shall be installed prior to the commencement of excavation, grading, site clearing, construction, or similar site work result- ing in changes to the land. Access roads, staging areas, storage areas, and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land distur- bance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans. Mitigation plans are required to meet the standards in either the prescriptive option or alter- native option as follows. 1. Prescriptive Option. The mitigation plan shall meet the following standards. a. Re-Planting Timeline. Re-planting shall occur within 90 days of authorized land distur- bance. b. Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a one square foot to one and a half square feet (1:1.5) ratio (e.g., if 100 square feet of surface area is disturbed, 150 square feet shall be restored, re-planted and enhanced). c. Local Native Plant Species Coverage. The Stream Bank Protection Zone shall be a min- imum of 50 percent plant coverage in local native plant species with the installation of new trees only to consist of native trees as illustrated in Figure 18.3.11.110.B.1.c.i, Figure 18.3.11.110.B.1.c.ii, and Figure 18.3.11.110.B.1.c.iii. The Wetland Pro- tection Zone shall be 100 percent plant coverage in local native plant species and in accordance with local, state, and federal approved manage- ment plans. Local native plant species for stream bank and wetland applications are identified on the City’s Local Native Plant Species List. The use of noxious and invasive plants on the City’s Prohib- ited Plant List in Water Resource Protection Zones is prohibited. ASHLAND LAND USE ORDINANCE 18.3.11.110 18.3-147 Figure 18.3.11.110.B.1.c.i. Native Plant Requirements for Riparian Corridor Streams Figure 18.3.11.110.B.1.c.ii. Native Plant Requirements for Local Streams Figure 18.3.11.110.B.1.c.iii. Native Plant Requirements for Intermittent and Ephemeral Streams d. Re-Planting Priorities. i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species. ii. Plant materials shall be located in such a manner as to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction 18.3.11.110 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-148 of watercourses, erosion control, bank stabiliza- tion, and wildlife habitat enhancement. iii. Nearby riparian plant communities should be used as a guide for developing a re-veg- etation plan. e. Shrub and Tree Requirements. Re- planting shall include shrubs and tree canopy lay- ers in accordance with the following coverage and spacing requirements. i. Shrubs shall be planted and main- tained to provide a minimum of 50 percent total coverage of the restored area within a five year pe- riod. The minimum planting size shall be one gal- lon. Restoration areas that have existing vegetated under-story consisting of healthy riparian shrubs that covers at least 50 percent of the restoration area are considered compliant with the restoration standards for under-story plantings. ii. Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be one inch caliper. All new trees shall be staked and protected by deer/rodent-proof fencing. Restoration areas that have an existing vegetated tree canopy consisting of healthy trees at least four inches DBH and at an average spacing of 20 feet on–center are considered compliant with the restoration standards for trees. f. Erosion Control. Erosion control mater- ial such as mulch, hay, jute-netting, or comparable material shall be applied to protect disturbed, re- planted areas. Disturbed areas shall be replanted so that landscaping shall obtain 50 percent coverage after one year and 90 percent coverage after five years. g. Irrigation. New plantings shall be irri- gated for a period of five years to ensure establish- ment. h. Performance. Local native plant species that do not survive the first two years after planting shall be replaced. i. Landscape and Irrigation Plans. A miti- gation plan shall include landscape and irrigation plans, with details addressing the proposed plant species, variety, size of plant materials, number of plants, timing of plantings, plant spacing and in- stallation methods. The landscape plan shall ad- dress the plant coverage by local native plant species after five years. 2. Alternative Option. The mitigation plan shall address the following requirements, and shall meet or exceed the standards in the prescription option in subsection 18.3.11.110.B.1. a. Assessment of Water Resource Protection Zone Structures, Functions, and Values. A mitigation plan shall include an assess- ment of the structures, functions, and values (i.e., water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource Protection Zone and a clear explanation of how these impacts are to be miti- gated. b. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and establish clear and measurable standards for determining if stated objectives have been accomplished. For example, the objective might be to restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while the stan- dard might be a certain percentage of shade canopy coverage at the end of one year and 100 percent shade canopy coverage after three years. c. Mitigation Site/Grading Plan. A state- ment and detailed plan of the location, elevation, and hydrology of the mitigation area, including a grading plan at two foot contour intervals. For ap- plications involving Wetland Protection Zones, the application shall demonstrate that plants have ad- equate access to site hydrology. For applications involving Stream Bank Protection Zones, the grad- ing plan shall identify newly planted areas and include slope stabilizing measures to prevent ero- sion, ensure vegetative coverage, and limit plant mortality. d. Landscape Plan. The Stream Bank Pro- tection Zone shall be a minimum of 50 percent plant coverage in local native plant species with the installation of new trees only to consist of na- tive trees (see Figures 8, 9, and 10). The Wetland Protection Zone shall be 100 percent plant cover- age in local native plant species and in accordance with local, state, and federal approved manage- ment plans. Local native plant species for stream bank and wetland applications are identified on the City’s Local Native Plant Species List. The use of noxious and invasive plants on the City’s Prohib- ited Plant List in Water Resource Protection Zones ASHLAND LAND USE ORDINANCE 18.3.11.110 18.3-149 18.3.11.120 is prohibited. The landscape plan shall address the plant coverage by local native plant species after five years, and shall be size and species-specific, with details addressing the timing of plantings, proposed plant placement, and plant spacing. e. Plan Preparation. The Staff Advisor may require the mitigation plan to be prepared by a natural resource professional. C. Management Plan. The applicant shall im- plement a management plan for the Water Re- source Protection Zone and resource areas under the applicant’s ownership or control, including the areas restored and enhanced to assure long term conservation and maintenance. The management plan shall detail proposed monitoring and main- tenance, and shall include a schedule delineating how completed projects will be monitored and re- ported to the Staff Advisor. The management plan shall contain the following requirements. 1. The approved mitigation plan. 2. Identification of Water Resources and Wa- ter Resource Protection Zone management prac- tices to be conducted and proposed intervals. 3. The following statements. a. “There shall be no alteration of the Wa- ter Resource Protection Zones as delineated and shown on the attached plan.” (attach reduced plan) b. “There shall be no alteration of the size, shape, or design of an approved Water Resource Protection Zone without prior approval by the City of Ashland”. c. “There shall be no amendment or change to this Management Plan without prior ap- proval of the City of Ashland”. 4. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris. 5. Provisions for the protection of protected plant and animal species in accordance with rec- ommendations from applicable state and federal agencies. 6. Specific provisions for city enforcement of the management plan. 7. Any additional measures deemed neces- sary to protect and maintain the structures, func- tions and values of the Water Resource Protection Zone (e.g., signage delineating preservation boundaries). 8. Provisions for the perpetual protection and maintenance of the Water Resource and Water Re- source Protection Zone including but not limited to the following. a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and re- strictions set forth in the approved planning ap- plication, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. b. Transfer of the ownership and mainte- nance responsibilities for the area to a willing pub- lic agency, non-profit association, or private conservation organization with a recorded conser- vation easement prescribing the conditions and re- strictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any im- posed by state or federal permits. c. Other mechanisms addressing long- term protection, maintenance, and mitigation con- sistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. D. Performance Guarantee. In general, mit- igation shall be implemented prior to or concur- rently with the project. The approval authority may require a performance bond or similar mon- etary insurance of up to 110 percent of the pro- posal’s cost to guarantee that the mitigation proposal will be carried out as approved, and to ensure that the objectives are met through demon- stration of compliance with measurable standards and that the site will be maintained to keep the Wa- ter Resource functioning properly. Map Errors and Adjustments The Staff Advisor may authorize a correction to a wetland on the Water Resources map when the applicant has shown that a mapping error has occurred and the error has been verified by the Oregon Department of State Lands (DSL). Delin- eations verified by DSL shall be used to automat- ically update the Water Resources map and record the wetland delineation document. No formal vari- ance application or plan amendment is required for map corrections where an approved delineation with a DSL letter of concurrence is provided. Ap- 18.3.11.120 WATER RESOURCES PROTECTION ZONES (OVERLAYS) 18.3-150 18.3.11.130 18.3.12.010 18.3.12.020 18.3.12.030 18.3.12.040 18.3.12.050 18.3.12.060 18.3.12.070 18.3.12.010 18.3.12.020 18.3.12.030 18.3.12.040 proved delineations shall be subject to the terms of expiration set forth in the DSL approval. Enforcement and Penalties A. Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition of a permit issued under this chapter shall be a violation as defined by AMC 1.08 and punishable by a fine as set forth in that section. B. Mitigation and Management. Within 30 days of notification by the Planning Division of a violation of a provision of this chapter or any con- dition of a permit issued under this chapter, miti- gation shall be required and the Staff Advisor may require the property owner to submit a mitigation plan prepared by a natural resource professional and in accordance with subsection 18.3.11.110.B. C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as restitution for the enforcement costs incurred by the City. This fee may be imposed upon any person who vi- olates any provision of this chapter or who violates any permit or condition of any issued permit under this chapter. The fee shall be in an amount estab- lished by resolution of the City Council. Chapter 18.3.12 SITE DEVELOPMENT AND DESIGN OVERLAYS Sections: Purpose. Applicability. Detail Site Review Overlay. Downtown Design Standards Overlay. Historic District Overlay. Pedestrian Place Overlay. Transit Triangle Overlay. Purpose The Site Development and Design overlays pro- vide special regulations and standards that sup- plement the base zoning regulations which are implemented through Site Design Review. Applicability This chapter applies to the Detail Site Review, Downtown Design Standards, Historic District, Pedestrian Place, and Transit Triangle overlays. Development located within these overlays is re- quired to meet all other applicable sections of this ordinance, except as modified by this chapter. Where the provisions of this chapter conflict with comparable standards described in any other ordi- nance or regulation, the provisions of this chapter apply. (Ord. 3167 § 7, amended, 12/18/2018) Detail Site Review Overlay A. The Detail Site Review Overlay is that area defined in the Site Design Zones map. B. Development in the Detail Site Review Overlay is subject to subsection 18.4.2.040.C in addition to all other applicable sections of this or- dinance. C. Any development in the Detail Site Review Overlay which exceeds 10,000 square feet or is longer than 100 feet in length or width shall be re- viewed according to the Type II procedure in sec- tion 18.5.1.060. Downtown Design Standards Overlay A. The Downtown Design Standards Overlay is that area defined in the Site Design Zones map. ASHLAND LAND USE ORDINANCE 18.3.12.040 18.3-151 18.3.12.050 18.3.12.060 B. Development in the Downtown Design Standards Overlay is subject to section 18.4.2.060 Downtown Design Standards in addition to all other applicable sections of this ordinance. C. Any development in the Downtown Design Standards Overlay which exceeds 2,500 square feet shall be reviewed according to the Type II pro- cedure in section 18.5.1.060. Historic District Overlay A. The Historic District Overlay, also referred to as the Historic Interest Area, is that area defined in the Historic Districts map. B. Development in the Historic District Over- lay is subject to section 18.4.2.050 Historic Dis- trict Standards in addition to all other applicable sections of this ordinance. Pedestrian Place Overlay A. Purpose. The Pedestrian Place overlay is intended to direct and encourage development of small walkable nodes that provide concentrations of gathering places, housing, businesses, and pedestrian amenities situated and designed in a way to encourage walking, bicycling, and transit use. B. Applicability. 1. This section applies to properties desig- nated as Pedestrian Places overlay on the Site De- sign Zones map. 2. Review Procedure. The Pedestrian Place overlay requirements apply to proposed develop- ment located in the Pedestrian Place overlay that requires a planning application approval, and in- volves development of new structures or additions other than single-family dwellings, accessory res- idential units, duplexes, and other associated ac- cessory structures and uses. The provisions of the Pedestrian Place overlay supplement those of the applicable base zoning district and other applica- ble ordinance requirements. 3. Mixed-Use Buildings in Residential Zones. Mixed-use buildings located in an under- lying residential zone require Site Design Review approval in accordance with chapter 18.5.2, and are subject to the standards in subsection 18.4.2.040.B, Basic Site Review Standards, rather than section 18.4.2.030, Residential Development. Mixed-use buildings are subject to all other applic- able provisions of part 18.4, Site Development and Design Standards. 4. The Pedestrian Places overlay and devel- opment standards do not apply to properties elect- ing to develop under the Transit Triangle (TT) overlay option. See chapter 18.3.14, Transit Trian- gle Overlay. C. Pedestrian Place Concept Plans. The Pedestrian Place Concept plans (i.e., site plan, de- velopment summary, and building illustrations) are for the purpose of providing an example of de- velopment that conforms to the standards, and do not constitute independent approval criteria. Con- cept plans are attached to the end of this chapter. D. Development Standards. The following standards shall apply to development in the Pedes- trian Places overlay in addition to all applicable provisions of this chapter: 1. Building Setbacks. The solar access set- back in chapter 18.4.8, Solar Access, applies only to those lots abutting a residential zone to the north. 2. Plazas and Landscaping Ratio. Outdoor seating areas, plazas, and other useable paved sur- faces may be applied toward meeting the land- scaping area requirements in chapter 18.4.4, Landscaping, Lighting, and Screening, but shall not constitute more than 50 percent of the required area. E. Development in Residential Zone. The fol- lowing standards apply to development located in the Pedestrian Places overlay and a residential zone, in addition to all applicable provisions of this chapter: 1. Special Permitted Uses. In addition to the permitted uses in the underlying residential zone, the following uses and their accessory uses are permitted subject to the requirements of this sec- tion: a. Professional, financial, business and medical offices, and personal service establish- ments. b. Stores, shops, and offices supplying commodities or performing services. c. Restaurants. 2. Development Standards and Limitations. a. The maximum gross floor area occupied by a special permitted use shall be 2,500 square feet. 18.3.12.050 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-152 b. Special permitted uses shall be allowed in a building or in a group of buildings including a mixture of businesses and housing. At least 50 per- cent of the total gross floor area of a building, or of where there is more than one building on a site, 50 percent of the total lot area including acces- sory uses such as parking, landscaping and public space, shall be designated for residential uses. c. The development shall meet the mini- mum housing density requirements of the underly- ing zone. d. Mixed-use buildings shall be set back not more than five feet from a public sidewalk un- less the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. e. Mixed-use developments shall have a minimum floor area ratio (FAR) of 0.50. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Pro- jects including existing buildings or vacant parcels of one-half acre or greater in size shall achieve the required minimum FAR or provide a shadow plan (see graphic) that demonstrates how development may be intensified over time to meet the required minimum FAR. ASHLAND LAND USE ORDINANCE 18.3.12.060 18.3-153 18.3.12.060 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-154 ASHLAND LAND USE ORDINANCE 18.3.12.060 18.3-155 Figure 18.3.12.060. Pedestrian Places Overlay 18.3.12.060 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-156 ASHLAND LAND USE ORDINANCE 18.3.12.060 18.3-157 18.3.12.060 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-158 ASHLAND LAND USE ORDINANCE 18.3.12.060 18.3-159 18.3.12.060 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-160 ASHLAND LAND USE ORDINANCE 18.3.12.060 18.3-161 18.3.12.060 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-162 ASHLAND LAND USE ORDINANCE 18.3.12.060 18.3-163 18.3.12.060 SITE DEVELOPMENT AND DESIGN OVERLAYS 18.3-164 18.3.12.070 (Ord. 3199 § 19, amended, 06/15/2021; Ord. 3167 § 8, amended, 12/18/2018) Transit Triangle Overlay A. The Transit Triangle (TT) overlay is that area defined in the Site Design Zones map. B. Development in the Transit Triangle overlay is subject to chapter 18.3.14, Transit Triangle Overlay, in addition to all other applicable sections of the ordinance codified in this section. (Ord. 3167 § 9, added, 12/18/2018) ASHLAND LAND USE ORDINANCE 18.3.12.070 18.3-165 (Reprinted 8/24) 18.3.13.010 18.3.13.010 Chapter 18.3.13 RESIDENTIAL OVERLAY Sections: Residential Overlay Regulations. Residential Overlay Regulations A. Purpose. The Residential overlay is in- tended to encourage a concentration and mix of businesses and housing that provide a variety of housing types, support resource and energy con- servation, and promote walking, bicycling, and transit use. B. Applicability. The Residential overlay ap- plies to all property where ‘Residential Overlay’ (R) is indicated on the Zoning map. C. Requirements. The Residential overlay re- quirements are as follows, except that dwellings developed under the Transit Triangle (TT) overlay option are not subject to this subsection. See sec- tion 18.3.14.040 for the allowed uses in the TT overlay. 1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. 2. Residential densities shall not exceed 15 dwelling units per acre. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the E-1 District. 18.3.13.010 RESIDENTIAL OVERLAY (Reprinted 8/24)18.3-166 Figure 18.3.13.010. Residential Overlay (Ord. 3167 § 10, added, 12/18/2018) ASHLAND LAND USE ORDINANCE 18.3.13.010 18.3-167 (Reprinted 8/24) 18.3.14.010 18.3.14.020 18.3.14.030 18.3.14.040 18.3.14.050 18.3.14.060 18.3.14.010 18.3.14.020 Chapter 18.3.14 TRANSIT TRIANGLE OVERLAY Sections: Purpose. Applicability. General Requirements. Allowed Uses. Dimensional Standards. Site Development and Design Standards. Purpose The Transit Triangle (TT) overlay is intended to promote the development of a mix of housing units and businesses adjacent to the bus route de- signed in a way that encourages walking, bicycling and transit use. The Transit Triangle (TT) overlay was adopted by the City Council on December 2018 (Ordinance No. 3166). (Ord. 3166 § 2 (part), added, 12/18/2018) Applicability A. Transit Triangle (TT) Overlay Designation. This chapter applies to properties designated as Transit Triangle (TT) overlay on the Site Design Zones map, and pursuant to the Transit Triangle overlay development standards and map adopted by Ordinance No. 3168 (December 2018). B. TT Overlay Option. The TT overlay may be used to develop residential and commercially zoned land located in the TT overlay, but is not mandatory. Development using the TT overlay op- tion shall meet all of the provisions of this chapter and all other applicable sections of the ordinance codified in this chapter, except as otherwise pro- vided in this chapter. The provisions of this chap- ter do not apply to development located in the TT overlay that does not elect to fully exercise the TT overlay option. C. Pedestrian Places Overlay. The Pedestrian Places overlay and associated development stan- dards do not apply to properties electing to de- velop under the Transit Triangle (TT) overlay option. D. Governing Standards. Notwithstanding the provision of chapter 18.2.2, Base Zones, addi- tional use restrictions and land use standards apply within the TT overlay. Where the provisions of this chapter conflict with comparable standards de- scribed in any other ordinance, resolution or reg- ulation, the provisions of the TT overlay shall govern. E. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to chapter 18.5.5, Variances, except that deviations from the standards in section 18.3.14.050 for minimum residential density and subsections 18.3.14.060.A and 18.3.14.060.B are subject to subsection 18.5.2.050.E, Exception to the Site Development and Design Standards. 18.3.14.010 TRANSIT TRIANGLE OVERLAY (Reprinted 8/24)18.3-168 18.3.14.030 18.3.14.040 Figure 18.3.14.020. Transit Triangle (TT) Overlay (Ord. 3166 § 2 (part), added, 12/18/2018) General Requirements A. Site Development and Design Standards. New development is subject to Site Design Re- view under chapter 18.5.2, and must comply with the applicable site development and design stan- dards. (Ord. 3166 § 2 (part), added, 12/18/2018) Allowed Uses A. Uses Allowed in TT Overlay. Allowed uses are determined by the base zone and in accor- dance with section 18.2.2.030, except as provided for in this chapter. Notwithstanding the provisions of chapter 18.2.2, Base Zones and Allowed Uses, this section includes additional allowed uses, use restrictions and prohibited uses within the TT overlay. B. Mixed Use. Uses allowed in a zone individ- ually are also allowed in combination with one an- other, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. ASHLAND LAND USE ORDINANCE 18.3.14.040 18.3-169 (Reprinted 8/24) 18.3.14.050 Table 18.3.14.040. Transit Triangle (TT) Overlay Uses Allowed by Base Zone1 Zones C-1 E-1 R-2 R-3 Special Use Standards A. Residential Multi-family dwelling, rental P P P P Sec. 18.3.14.040.C.1 for C-1 and E-1 zones Multi-family dwelling, for purchase N N N N B. Commercial Hotel/Motel N N N N Travelers’ Accommodation N N N N Commercial Retail Sales and Services, except Outdoor Sales and Services Per 18.2.2.030 Per 18.2.2.030 S S Sec. 18.3.14.040.C.2 Office Per 18.2.2.030 Per 18.2.2.030 S S Sec. 18.3.14.040.C.2 Restaurants Per 18.2.2.030 Per 18.2.2.030 S S Sec. 18.3.14.040.C.2 1 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. C. Special Use Standards. The uses listed as “Permitted with Special Use Standards (S)” in Table 18.3.14.040, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2, Site De- sign Review. 1. Residential Uses. Residential uses pro- vided all of the following standards are met: a. One Building. In the C-1 and E-1 zones, when a planning application is limited to one building, residential uses may occupy up to 65 per- cent of the gross floor area of the ground floor. At least 35 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. b. More Than One Building. When a plan- ning application includes more than one building, the equivalent of at least 35 percent of the gross floor area of the ground floor for all buildings shall be designated for permitted uses and uses permit- ted with special use standards, not including resi- dential uses. 2. Commercial Uses in the R-2 and R-3 Zones. The commercial uses described in Table 18.3.14.040, above, are allowed provided all of the following standards are met: a. The maximum gross floor area occupied shall be 60 square feet for every residential dwelling unit developed on site. (Ord. 3166 § 2 (part), added, 12/18/2018) Dimensional Standards Notwithstanding the provisions of chapter 18.2.5, Standards for Residential Zones, and chap- ter 18.2.6, Standards for Non-Residential Zones, Table 18.3.14.050 includes the dimensional stan- dards within the TT overlay. The dimensions shall conform to the standards in Table 18.3.14.050. 18.3.14.050 TRANSIT TRIANGLE OVERLAY (Reprinted 8/24)18.3-170 Table 18.3.14.050. Transit Triangle Overlay Dimensional Standards Base Zones1 C-1 E-1 R-2 R-3 Residential Density (dwelling units/acre) Minimum2 30 du/ac 15 du/ac 13.5 du/ac 20 du/ac Maximum Maximum residential density is regulated by the FAR under the TT overlay option. The maximum dwelling units per acre of the base zones do not apply under the TT overlay option. 2At a minimum, the development shall meet the residential density allowed in the underlying zone, as noted above and per section 18.2.6.030 for C-1 and E-1 and subsection 18.2.5.080.D for R-2 and R-3. Floor Area Ratio (FAR)3 Minimum .5 .5 .5 .5 Maximum 1.5 1.5 1.25 1.25 3Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Plazas and pedestrian areas may also be applied toward meeting the landscaping area requirements but shall not constitute more than 50% of the required area. Lot Area, Width, Depth and Coverage NA NA Land divisions in the R-2 and R-3 zones shall meet the applicable requirements of table 18.2.5.030.A or chapter 18.3.9, Performance Standards Option and PSO Overlay. Yards, Minimum (feet) 4 – Front There is no minimum front, side, or rear yard required, except where buildings on the subject site abut a residential zone, in which case a side or rear yard of not less than 15 ft is required. 5 ft 5 ft – Side See table 18.2.5.030.A for standard yard requirements for the R-2 and R-3 zones. – Rear 4See building step-back requirement in section 18.3.14.060. Building Separation, On Same Site – Minimum NA Building separation is not required under the TT overlay option, except as required by the building code. Building Height5,6 Maximum Height – feet/stories 50/4 50/4 42/3 42/3 ASHLAND LAND USE ORDINANCE 18.3.14.050 18.3-171 (Reprinted 8/24) 18.3.14.060 Table 18.3.14.050. Transit Triangle Overlay Dimensional Standards (continued) Base Zones1 C-1 E-1 R-2 R-3 Solar Setback Per table 18.2.6.030 Per chapter 18.4.8, Solar Access 5See definition of “height of building” in section 18.6.1.030. 6 Parapets may be erected up to five feet above the maximum building height in the C-1 and E-1 zones; see also, subsection 18.4.4.030.G.4 for mechanical equipment screening requirements, and section 18.5.2.020 for site design review for mechanical equipment review process. Lot Coverage – Maximum (% of lot area) 85% 85% 80% 80% Landscape Area – Minimum (% of developed lot area) 15% 15% 20% 20% Open Space – Minimum (% of the area) NA Open space is not required under the TT overlay option. 1 Zones: C-1 = Commercial; E-1 = Employment; R-2 = Low Density Multiple-Family; R-3 = High Density Multiple- Family. (Ord. 3191 § 21, amended, 11/17/2020; Ord. 3166 § 2 (part), added, 12/18/2018) Site Development and Design Standards New development is subject to site design re- view under chapter 18.5.2, and must comply with site development and design standards in part 18.4 and this section. A. C-1 and E-1 Zones. Development under the TT overlay option and located in the C-1 and E-1 zones is subject to the following standards: 1. Building Mass. Building facades within 25 feet of a residential zone or facing a street shall meet one of the following standards to reduce building mass. This standard applies along the perimeter of the development and shall not apply between buildings or lots within a development. See minimum side or rear yard requirement for buildings abutting a residential zone in table 18.3.14.050. a. Incorporate a step-back of ten feet for that portion of a building which is over 25 feet or two stories in height, whichever is greater. The building step-back requirement does not apply to parapets. See Figure 18.3.14.060.A.1.a. b. Buildings over 25 feet or two stories in height shall incorporate offsets, jogs, or other dis- tinctive changes on building facades within 25 feet of a residential zone or facing a street. 18.3.14.060 TRANSIT TRIANGLE OVERLAY (Reprinted 8/24)18.3-172 Figure 18.3.14.060.A.1.a. B. R-2 and R-3 Zones. Development under the TT overlay option and located in the R-2 and R-3 zones are subject to the following standards: 1. Detailed Site Review Standards. Lots with frontage on Ashland Street shall be subject to the building placement, orientation, and design stan- dards in section 18.4.2.040, including the detailed site review standards. The area subject to this sec- tion shall be 150 feet in depth and the width of the subject lot. The depth of the regulated area shall be measured perpendicular to the lot line that paral- lels Ashland Street. 2. Sidewalk Setback. Mixed-use buildings shall be set back not more than five feet from a public sidewalk unless the area is used for pedes- trian activities such as plazas or outside eating ar- eas, or for a required public utility easement. 3. Minimum FAR and Plazas. Mixed-use de- velopments shall have a minimum floor area ratio (FAR) of 0.50. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Projects including existing build- ings or vacant parcels of one-half an acre or greater in size shall achieve the required minimum FAR or provide a shadow plan that demonstrates to the approval authority how development may be intensified over time to meet the required mini- mum FAR. 4. Building Mass. Building facades within 25 feet of a residential zone or facing a street shall meet one of the following standards to reduce building mass. This standard applies along the perimeter of the development and shall not apply between buildings or lots within a development. See minimum side or rear yard requirement for buildings abutting a residential zone in table 18.3.14.050. a. Incorporate a step-back of ten feet for that portion of a building which is over 25 feet or two stories in height, whichever is greater. The building step-back requirement does not apply to parapets. See Figure 18.3.14.060.B.4.a. b. Buildings over 25 feet or two stories in height shall incorporate offsets, jogs, or other dis- tinctive changes on building facades within 25 feet of a residential zone or facing a street. ASHLAND LAND USE ORDINANCE 18.3.14.060 18.3-173 (Reprinted 8/24) Figure 18.3.14.060.B.4.a. C. Parking. Properties developed under the TT overlay option are subject to the standard require- ments of chapter 18.4.3, Parking, Access, and Cir- culation. (Ord. 3229 § 8, amended, 12/19/2023; Ord. 3166 § 2 (part), added, 12/18/2018) 18.3.14.060 TRANSIT TRIANGLE OVERLAY (Reprinted 8/24)18.3-174 18.4.1 18.4.2 18.4.3 18.4.4 18.4.5 18.4.6 18.4.7 18.4.8 18.4.9 18.4.10 PART 18.4 – Site Development and Design Standards Chapters: Site Development and Design Standards Administration Building Placement, Orientation, and Design Parking, Access, and Circulation Landscaping, Lighting, and Screening Tree Preservation and Protection Public Facilities Signs Solar Access Disc Antennas Wireless Communication Facilities 18.4-1 18.4.1.010 18.4.1.020 18.4.1.030 18.4.1.010 18.4.1.020 18.4.1.030 Chapter 18.4.1 SITE DEVELOPMENT AND DESIGN STANDARDS ADMINISTRATION Sections: Purpose. Applicability. Exceptions and Variances. Purpose Part 18.4 contains design standards for develop- ment. The regulations are intended to protect pub- lic health, safety, and welfare through standards that promote land use compatibility, resource pro- tection, and livability, consistent with the goals and policies of the Comprehensive Plan. Where an applicant requests an exception to a design stan- dard, the approval authority evaluates the request against the purpose of the ordinance chapter in which the design standard is located. Applicability Part 18.4 applies to permits and approvals granted under this ordinance, and other City ac- tions, as summarized in Table 18.4.1.020. The de- sign standards of other agencies, such as the Oregon Department of Transportation or a natural resource regulatory agency, may also apply. The City’s failure to notify the applicant of such re- quirement shall not invalidate a permit or other ac- tion taken by the City under this ordinance. Exceptions and Variances A. Applicability. The individual chapters iden- tify the standards which are subject to the Excep- tion and Variance processes. ASHLAND LAND USE ORDINANCE 18.4.1.030 18.4-3 Ta b l e 1 8 . 4 . 1 . 0 2 0 . Ap p l i c a b i l i t y o f D e s i g n S t a n d a r d s t o P l a n n i n g A p p r o v a l s a n d P e r m i t s 1 Ty p e o f A c t i o n 18 . 4 . 2 Bu i l d i n g s 18 . 4 . 3 Pa r k i n g , Ac c e s s , & Ci r c u l a t i o n 18 . 4 . 4 La n d s c a p e & Sc r e e n i n g 18 . 4 . 6 P u b l i c Fa c i l i t i e s 18 . 4 . 7 S i g n s 18 . 4 . 8 S o l a r Ac c e s s 18 . 4 . 5 T r e e s 18 . 4 . 9 D i s c s ; an d 1 8 . 4 . 1 0 WC F s An n e x a t i o n I Y I Y I I Y I Bu i l d i n g P e r m i t Ci t y r e v i e w s b u i l d i n g p l a n t h r o u g h a M i n i s t e r i a l p r o c e d u r e a n d d e t e r m i n e s w h i c h s t a n d a r d s a p p l y . Co d e I n t e r p r e t a t i o n St a n d a r d s a r e s u b j e c t t o C i t y i n t e r p r e t a t i o n u n d e r c h a p t e r 18 . 1 . 5 . Co d e T ex t A m e n d m e n t Ch a p t e r s a p p l y w h e r e a m e n d m e n t a f fe c t s d e s i g n s t a n d a r d s . Co m p r e h e n s i v e P l a n M a p Am e n d m e n t N N N Y N N N N Co n d i t i o n a l U s e P e r m i t I I I I I I I I Ho m e O c c u p a t i o n Ho m e O c c u p a t i o n s a r e s u b j e c t t o s e c t i o n 18 . 2 . 3 . 1 5 0 . Le g a l L o t D e t e r m i n a t i o n N Y N Y N N N N Mo d i f i c a t i o n t o A p p r o v a l o r Co n d i t i o n o f A p p r o v a l In d i v i d u a l c h a p t e r s m a p a p p l y , d e p e n d i n g o n t h e m o d i f i c a t i o n r e q u e s t . No n - C o n f o r m i n g S i t u a t i o n s , Ex p a n s i o n o f Us e s , s t r u c t u r e s , d e v e l o p m e n t s , o r l o t s f o u n d t o b e n o n - c o n f o r m i n g t o a n y s t a n d a r d o f p a r t 18 . 4 ar e s u b j e c t t o c h a p t e r 18 . 1 . 4 . Pa r t i t i o n o r R e - p l a t o f 2 - 3 lo t s ( S e e a l s o , c h a p t e r 18 . 5 . 3 ) N Y I Y N Y I N Pr o p e r t y L i n e A d j u s t m e n t s , in c l u d i n g L o t Co n s o l i d a t i o n s ( S e e a l s o , ch a p t e r 18 . 5 . 3 ) N Y N Y N Y N N Si t e D e s i g n R e v i e w ( S e e al s o , c h a p t e r 18 . 5 . 2 ) Y Y Y Y Y I I I 18.4.1.030 SITE DEVELOPMENT AND DESIGN STANDARDS ADMINISTRATION 18.4-4 Ta b l e 1 8 . 4 . 1 . 0 2 0 . Ap p l i c a b i l i t y o f D e s i g n S t a n d a r d s t o P l a n n i n g A p p r o v a l s a n d P e r m i t s 1 (c o n t i n u e d ) Ty p e o f A c t i o n 18 . 4 . 2 Bu i l d i n g s 18 . 4 . 3 Pa r k i n g , Ac c e s s , & Ci r c u l a t i o n 18 . 4 . 4 La n d s c a p e & Sc r e e n i n g 18 . 4 . 6 P u b l i c Fa c i l i t i e s 18 . 4 . 7 S i g n s 18 . 4 . 8 S o l a r Ac c e s s 18 . 4 . 5 T r e e s 18 . 4 . 9 D i s c s ; an d 1 8 . 4 . 1 0 WC F s Su b d i v i s i o n o r R e p l a t o f > 3 lo t s ( S e e a l s o , c h a p t e r 18 . 5 . 3 ) N Y I Y N Y I N Ex c e p t i o n s a n d V ar i a n c e s In d i v i d u a l c h a p t e r s o f p a r t 18 . 4 ma y a p p l y , d e p e n d i n g o n t h e e x c e p t i o n o r v a r i a n c e r e q u e s t . Zo n i n g D i s t r i c t M a p Ch a n g e N N N Y N N N N 1 Y = y e s , c h a p t e r i s a p p l i c a b l e ; I = i n s o m e c a s e s , c h a p t e r m a y b e a p p l i c a b l e ; N = n o , c h a p t e r i s n o t a p p l i c a b l e ASHLAND LAND USE ORDINANCE 18.4.1.030 18.4-5 18.4.2.010 18.4.2.020 18.4.2.030 18.4.2.040 18.4.2.050 18.4.2.060 18.4.2.010 18.4.2.020 18.4.2.030 Chapter 18.4.2 BUILDING PLACEMENT, ORIENTATION, AND DESIGN Sections: Purpose. Applicability. Residential Development. Non-Residential Development. Historic District Development. Downtown Ashland. Purpose Chapter 18.4.2 regulates the placement, orien- tation, and design of buildings. The purpose is to promote site planning and building designs that: A. Enhance the environment to encourage al- ternative modes of transportation, such as walking, bicycling, and transit; B. Provide a business environment that is safe and comfortable, and natural surveillance of public spaces, or “eyes on the street,” for crime preven- tion and security; C. Reduce dependency on the automobile for short trips, thereby conserving energy and reduc- ing unwanted congestion; D. Support resource conservation and reusable energy generation, through solar, wind, and other renewable energy sources; and E. Require high quality development that makes a positive contribution to the streetscape and maintains a sense of place that is distinctly Ashland. Applicability A. Chapter 18.4.2 applies to residential, com- mercial, and manufacturing developments that are subject to chapter 18.5.2 Site Design Review. Note that some standards apply differently to develop- ments located within Detailed Design Review, Downtown Design Review, and Historic Design Review overlays. B. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to subject to 18.5.2.050.E Exception to the Site Development and Design Standards. Residential Development A. Purpose and Intent. For new multifamily residential developments, careful design consid- erations must be made to assure that the devel- opment is compatible with the surrounding neighborhood. For example, the use of earth tone colors and wood siding will blend a development into an area rather than causing contrast through the use of overwhelming colors and concrete block walls. 1. Crime Prevention and Defensible Space. a. Parking Layout. Parking for residents should be located so that distances to dwellings are minimized. However, avoid designs where parking areas are immediately abutting dwelling units be- cause there is little or no transition from public to private areas. Parking areas should be easily visi- ble from adjacent areas and windows. b. Orientation of Windows. Windows should be located so that vulnerable areas can be easily surveyed by residents. c. Service and Laundry Areas. Service and laundry areas should be located so that they can be easily observed by others. Windows and light- ing should be incorporated to assure surveillance opportunities. Mail boxes should not be located in dark alcoves out of sight. Barriers to police sur- veillance such as tall shrubs and fences should be avoided. d. Hardware. Reliance solely upon secu- rity hardware in lieu of other alternatives is dis- couraged. e. Lighting. Site development should uti- lize lighting prudently. More lighting does not nec- essarily mean better security. Lighting should be oriented so that areas vulnerable to crime are ac- cented. f. Landscaping. Plant materials such as high shrubs should be placed so that surveillance of semi-public and semi-private areas is not blocked. Thorny shrubs will discourage crime ac- tivity. Low shrubs and canopy trees will allow sur- veillance, hence, reduce the potential for crime. B. Applicability. Except as otherwise required by an overlay zone or plan district, the following standards apply to residential development pur- suant to section 18.5.2.020. See conceptual site plan of multifamily development in Figure 18.4.2.030. 18.4.2.010 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-6 C. Building Orientation. Residential build- ings that are subject to the provisions of this chap- ter shall conform to all of the following standards. See also solar orientation standards in section 18.4.8.050. 1. Building Orientation to Street. Dwelling units shall have their primary orientation toward a street. Where residential buildings are located within 20 feet of a street, they shall have a primary entrance opening toward the street and connected to the right-of-way via an approved walkway. 2. Limitation on Parking Between Primary Entrance and Street. Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be lo- cated behind buildings, or on one or both sides. 3. Build-to Line. Where a new building is proposed in a zone that requires a build-to line or maximum front setback yard, except as otherwise required for clear vision at intersections, the build- ing shall comply with the build-to line standard. D. Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary structures used for parking or stor- ing vehicles, including those parking and vehicle storage structures accessory to detached single- family dwellings. The standards are intended to balance residents’ desire for a convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and aestheti- cally pleasing streetscapes. The standards there- fore promote pedestrian safety and visibility of public ways, while addressing aesthetic concerns associated with street-facing garages. For the pur- pose of this subsection, a garage opening is con- sidered to be facing a street where the opening is parallel to or within 45 degrees of the street right- of-way line. 1. Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared driveway, including flag drives, the garage or carport open- ing(s) for that dwelling shall orient to the alley or shared drive, as applicable, and not a street. 2. Setback for Garage Opening Facing Street. The minimum setback for a garage (or car- port) opening facing a street is 20 feet. This provi- sion does not apply to alleys. E. Building Materials. Building materials and paint colors should be compatible with the sur- rounding area. Very bright primary or neon-type paint colors, which attract attention to the building or use, are unacceptable. F. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. G. Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse disposal areas shall be provided pursuant to chap- ter 18.4.4. H. Open Space. Common and/or private open space is required to be provided pursuant to sec- tion 18.4.4.070. ASHLAND LAND USE ORDINANCE 18.4.2.030 18.4-7 18.4.2.040 Figure 18.4.2.030. Multifamily Conceptual Site Design (Ord. 3199 § 20, amended, 06/15/2021; Ord. 3190 § 4, amended, 11/17/2020; Ord. 3155 § 8, amended, 07/17/2018) Non-Residential Development A. Purpose and Intent. Commercial and em- ployment developments should have a positive im- pact upon the streetscape. For example, buildings made of unadorned concrete block or painted with bright primary colors used to attract attention can create an undesirable effect upon the streetscape. Landscaping and site design for commercial and employment zones is somewhat different from that required for residential zones. The requirement for outdoor spaces is much less. The primary function is to improve the project’s appearance, enhance the City’s streetscape, lessen the visual and climatic impact of parking areas, and to screen adjacent residential uses from the adverse impacts which commercial uses may cause. One area in which Ashland’s commercial differs from that seen in many other cities is the relation- ship between the street, buildings, parking areas, and landscaping. The most common form of mod- ern commercial development is the placement of a small buffer of landscaping between the street and the parking area, with the building behind the parking area at the rear of the parcel with load- ing areas behind the building. This may be desir- able for the commercial use because it gives the 18.4.2.040 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-8 appearance of ample parking for customers. How- ever, the effect on the streetscape is less than desir- able because the result is a vast hot, open parking area which is not only unsightly but results in a de- velopment form which the City discourages. The alternative desired in Ashland is to design the site so that it makes a positive contribution to the streetscape and enhances pedestrian and bicy- cle traffic. The following development standards apply to commercial, industrial, non-residential and mixed-use development. The application of the standards depends on in what area of the City the property is located. Generally speaking, areas that are visible from highly traveled arterial streets and that are in the Historic District are held to a higher development standard than projects that are in manufacturing and industrial areas. B. Basic Site Review Standards. Except as otherwise required by an overlay zone or plan dis- trict, the following requirements apply to com- mercial, industrial, non-residential and mixed-use development pursuant to section 18.5.2.020. See conceptual site plan of basic site review develop- ment in Figure 18.4.2.040.B.6. 1. Orientation and Scale. a. Buildings shall have their primary ori- entation toward the street and not a parking area. Automobile circulation or off-street parking is not allowed between the building and the street. Park- ing areas shall be located behind buildings, or to one side. See Figure 18.4.2.040.B.1. b. A building façade or multiple building facades shall occupy a large majority of a project’s street frontage as illustrated in Figure 18.4.2.040.B.6, and avoid site design that incor- porates extensive gaps between building frontages created through a combination of driveway aprons, parking areas, or vehicle aisles. This can be ad- dressed by, but not limited to, positioning the wider side of the building rather than the narrow side of the building toward the street. In the case of a corner lot, this standard applies to both street frontages. Spaces between buildings shall consist of landscaping and hard durable surface materials to highlight pedestrian areas. c. Building entrances shall be oriented to- ward the street and shall be accessed from a public sidewalk. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. See Figure 18.4.2.040.B.1. d. Building entrances shall be located within 20 feet of the public right-of-way to which they are required to be oriented. Exceptions may be granted for topographic constraints, lot config- uration, designs where a greater setback results in an improved access or for sites with multiple buildings, such as shopping centers, where other buildings meet this standard. e. Where a building is located on a corner lot, its entrance shall be oriented toward the higher order street or to the lot corner at the intersection of the streets. The building shall be located as close to the intersection corner as practicable. f. Public sidewalks shall be provided adja- cent to a public street along the street frontage. g. The standards in subsections 18.4.2.040.B.1.a through d, above, may be waived if the building is not accessed by pedestrians, such as warehouses and industrial buildings without at- tached offices, and automotive service stations. ASHLAND LAND USE ORDINANCE 18.4.2.040 18.4-9 Figure 18.4.2.040.B.1. Building Orientation 2. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. 3. Landscaping. a. Landscape areas at least ten feet in width shall buffer buildings adjacent to streets, ex- cept the buffer is not required in the Detail Site Review, Historic District, and Pedestrian Place overlays. b. Landscaping and recycle/refuse dis- posal areas shall be provided pursuant to chapter 18.4.4. 4. Designated Creek Protection. Where a project is proposed adjacent to a designated creek protection area, the project shall incorporate the creek into the design while maintaining required setbacks and buffering, and complying with water quality protection standards. The developer shall plant native riparian plants in and adjacent to the creek protection zone. 5. Noise and Glare. Artificial lighting shall meet the requirements of section 18.4.4.050. Com- pliance with AMC 9.08.170.C related to noise is required. 6. Expansion of Existing Sites and Buildings. For sites that do not conform to the standards of section 18.4.2.040 (i.e., nonconform- ing developments), an equal percentage of the site must be made to comply with the standards of this section as the percentage of building expansion. For example, if a building area is expanded by 25 percent, then 25 percent of the site must be brought up to the standards required by this document. 18.4.2.040 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-10 Figure 18.4.2.040.B.6. Basic Site Review Conceptual Site Plan C. Detailed Site Review Standards. Develop- ment that is within the Detail Site Review overlay shall, in addition to complying with the standards for Basic Site Review in subsection 18.4.2.040.B, above, conform to the following standards. See conceptual site plan of detail site review develop- ment in Figure 18.4.2.040.C.1 and maps of the De- tail Site Review overlay in Figures 18.4.2.040.C.2 through 5. 1. Orientation and Scale. a. Developments shall have a minimum Floor Area Ratio (FAR) of 0.50. Where a site is one-half an acre or greater in size, the FAR re- quirement may be met through a phased develop- ment plan or a shadow plan that demonstrates how development may be intensified over time to meet the minimum FAR. See shadow plan example in Figure 18.4.2.040.C.1.a. Plazas and pedestrian ar- eas shall count as floor area for the purposes of meeting the minimum FAR. ASHLAND LAND USE ORDINANCE 18.4.2.040 18.4-11 Figure 18.4.2.040.C.1.a. Shadow Plan b. Building frontages greater than 100 feet in length shall have offsets, jogs, or have other dis- tinctive changes in the building façade. c. Any wall that is within 30 feet of the street, plaza, or other public or common open space shall contain at least 20 percent of the wall area facing the street in display areas, windows, or doorways. Windows must allow view into work- ing areas, lobbies, pedestrian entrances, or display areas. Blank walls within 30 feet of the street are prohibited. Up to 40 percent of the length of the building perimeter can be exempted for this stan- dard if oriented toward loading or service areas. d. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. e. Infill or buildings, adjacent to public sidewalks, in existing parking lots is encouraged and desirable. f. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. 2. Streetscape. a. Hardscape (paving material) shall be utilized to designate “people” areas. Sample ma- terials could be unit masonry, scored and colored concrete, grasscrete, or combinations of the above. b. A building shall be set back not more than five feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. This standard shall apply to both street frontages on corner lots. If more than one structure is proposed for a site, at least 65 percent of the aggregate building frontage shall be within five feet of the sidewalk. 3. Buffering and Screening. a. Landscape buffers and screening shall be located between incompatible uses on an adja- cent lot. Those buffers can consist of either plant 18.4.2.040 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-12 material or building materials and must be compat- ible with proposed buildings. b. Parking lots shall be buffered from the main street, cross streets, and screened from resi- dentially zoned land. 4. Building Materials. a. Buildings shall include changes in relief such as cornices, bases, fenestration, and fluted masonry, for at least 15 percent of the exterior wall area. b. Bright or neon paint colors used exten- sively to attract attention to the building or use are prohibited. Buildings may not incorporate glass as a majority of the building skin. Figure 18.4.2.040.C.1. Detail Site Review Conceptual Site Plan ASHLAND LAND USE ORDINANCE 18.4.2.040 18.4-13 Figure 18.4.2.040.C.2. Detail Site Review Overlay North Main, Historic District and Oak Street 18.4.2.040 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-14 Figure 18.4.2.040.C.3. Detail Site Review Overlay Siskiyou Boulevard, Ashland Street and Walker Avenue ASHLAND LAND USE ORDINANCE 18.4.2.040 18.4-15 Figure 18.4.2.040.C.4. Detail Site Review Overlay Ashland Street and Tolman Creek Road 18.4.2.040 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-16 Figure 18.4.2.040.C.5. Detail Site Review Overlay Crowson Road D. Additional Standards for Large Scale Projects. In the Detail Site Review overlay, de- velopments that are greater than 10,000 square feet in gross floor area or contain more than 100 feet of building frontage shall, in addition to com- plying with the standards for Basic (subsection 18.4.2.040.B) and Detail (subsection 18.4.2.040.C) Site Review, above, conform to the following standards. See conceptual elevation of large scale development in Figure 18.4.2.040.D.1 and conceptual site plan of large scale develop- ment in Figure 18.4.2.040.D.2. 1. Orientation and Scale. a. Developments shall divide large build- ing masses into heights and sizes that relate to hu- man scale by incorporating changes in building masses or direction, sheltering roofs, a distinct pat- tern of divisions on surfaces, windows, trees, and small scale lighting. b. Outside of the Downtown Design Stan- dards overlay, new buildings or expansions of ex- isting buildings in the Detail Site Review overlay shall conform to the following standards: i. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one building. ii. Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside of the exterior walls and including all inte- rior courtyards. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof. iii. Buildings shall not exceed a gross floor area of 45,000 square feet, including all in- terior floor space, roof top parking, and outdoor ASHLAND LAND USE ORDINANCE 18.4.2.040 18.4-17 retail and storage areas, with the following excep- tion: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. For the purpose of this section, “basement” means any floor level below the first story in a building. “First story” shall have the same meaning as provided in the building code. iv. Buildings shall not exceed a com- bined contiguous building length of 300 feet. c. Inside the Downtown Design Standards overlay, new buildings or expansions of existing buildings shall not exceed a building footprint area of 45,000 square feet or a gross floor area of 45,000 square feet, including roof top parking, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. For the purpose of this section, “basement” means any floor level below the first story in a building. “First story” shall have the same meaning as provided in the building code. 2. Detail Site Review Plaza Space Standards. a. One square foot of plaza space shall be required for every ten square feet of gross floor area, except for the fourth gross floor area. b. Within the C-1-D zone, or Downtown Design Standards overlay, no plaza space shall be required. c. A plaza space shall incorporate at least four of the following elements: i. Sitting Space – at least one sitting space for each 500 square feet shall be included in the plaza. Seating shall be a minimum of 16 inches in height and 30 inches in width. Ledge benches shall have a minimum depth of 30 inches. ii. A mixture of areas that provide both sunlight and shade. iii. Protection from wind by screens and buildings. iv. Trees – provided in proportion to the space at a minimum of one tree per 500 square feet, at least two inches in diameter at breast height. v. Water features or public art. vi. Outdoor eating areas or food ven- dors. 3. Transit Amenities. Transit amenities, bus shelters, pullouts, and designated bike lanes shall be required in accordance with the Ashland Trans- portation Plan and guidelines established by the Rogue Valley Transportation District. 18.4.2.040 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-18 Figure 18.4.2.040.D.1. Large Scale Development Conceptual Elevation ASHLAND LAND USE ORDINANCE 18.4.2.040 18.4-19 18.4.2.050 Figure 18.4.2.040.D.2. Large Scale Development Conceptual Site Plan (Ord. 3191 § 22, amended, 11/17/2020; Ord. 3184 § 2, amended, 06/02/2020) Historic District Development A. Purpose, Applicability, and Background. 1. Purpose and Intent. Ashland’s Historic District is very important to all of the City’s res- idents. Not only does this area contain the City’s beginnings, but it is also the area of some of the most prominent landmarks in Ashland including the Plaza, East Main Street commercial area, Lithia Park, and many important residential dis- tricts. For the most part, the main architectural themes have already been laid down and must be considered in the design of any new structures or renovation of existing structures. This does not mean that all new structures must be a lavish im- 18.4.2.050 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-20 itation of an architectural style whose heyday is past, but sensitivity to surrounding buildings and the existing land use patterns is essential to the successful development. While it is critical that buildings be made habitable and safe, it is equally imperative that the architectural character of a building be respected in the process of structural improvements. Unfor- tunately, this has not always been done in Ashland. The architectural merit of a building has too often been sacrificed for a more contemporary design. For this purpose, the following standards were conceived as a guide to design decisions in the hope that the architectural integrity of Ashland’s homes and commercial buildings will no longer be unnecessarily lost. It is suggested that you think of your building as a whole – a single unit with no removable parts. Every change that you make can chip away at the integrity of the whole, like surgery. Efforts to per- sonalize and update the building will leave you with an assortment of miscellaneous parts that bear no relation to each other or to the original design. Wrought iron columns, asbestos shingles, and alu- minum frame windows have only one thing in common – the local hardware store. Older build- ings in Ashland were built one at a time and such added options can obscure their individuality. 2. Applicability. The City of Ashland has adopted ordinances to assure that all development in the Historic District overlay remains compatible with the existing integrity of the Historic District. a. In new construction of single-family residences, the Historic Commission will use these standards to make recommendations to the appli- cant. b. If a development requires a Type I, II, or III review procedure (e.g., Site Design Review, Conditional Use Permit) and involves new con- struction, or restoration and rehabilitation, or any use greater than a single-family use, the authority exists in the law for the Staff Advisor and the Plan- ning Commission to require modifications in the design to match these standards. In this case the Historic Commission advises both the applicant and the Staff Advisor or other City decision maker. ASHLAND LAND USE ORDINANCE 18.4.2.050 18.4-21 Figure 18.4.2.050. Historic District Overlay B. Historic District Design Standards. In ad- dition to the standards of part 18.4, the approval authority uses the following standards for new construction, and restoration and rehabilitation of existing buildings within the Historic District overlay. 1. Transitional Areas. For projects located at the boundary between zones or overlays, appropri- ate adjustments to building form, massing, height, scale, placement, or architectural and material treatment may be considered to address compat- ibility with the transitional area while not losing sight of the underlying standards or requirements applicable to the subject property. 18.4.2.050 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-22 2. Height. 3. Scale. RECOMMENDED Construct new buildings to a height within the range of historic building heights on and across the street. AVOID New construction that varies in height (i.e., too high or too low) from historic buildings in the vicinity. RECOMMENDED Height, width, and massing of new buildings conform to historic buildings in the immediate vicinity. AVOID Height, width, or massing of new buildings that is out of scale with historic buildings in the vicin ity. ASHLAND LAND USE ORDINANCE 18.4.2.050 18.4-23 4. Massing. 5. Setback. RECOMMENDED Small, varied masses consistent with historic buildings in the immediate vicinity. AVOID Single, monolithic forms that are not relieved by variations in massing. RECOMMENDED Front walls of new buildings are in the same plane as facades of adjacent historic buildings. AVOID Front walls that are constructed forward of or behind setback line of adjacent historic buildings. 18.4.2.050 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-24 6. Roof. 7. Rhythm of Openings. RECOMMENDED Roof shape, pitches, and materials consistent with historic buildings in the immediate vicinity AVOID Roof shapes, pitches, or materials not histori cally used in the immediate vicinity. RECOMMENDED Pattern or rhythm of wall to door/window open ings on the primary façade or other visually promi nent elevation is maintained. Maintain compatible width-to-height ratio of bays in the façade. AVOID A pattern or rhythm of window/door openings that is inconsistent with adjacent historic build ings. ASHLAND LAND USE ORDINANCE 18.4.2.050 18.4-25 8. Base or Platforms. 9. Form. RECOMMENDED A clearly defined base, or platform characteris tic of historic buildings in the immediate vicinity AVOID Walls that appear to rise straight out of the ground without a distinct platform or base at the ground level. RECOMMENDED Form (i.e., vertical/horizontal emphasis of building) that is consistent with that of adjacent historic buildings. AVOID Form that varies from that of existing adjacent historic buildings. 18.4.2.050 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-26 10. Entrances. 11. Imitation of Historic Features. RECOMMENDED Well-defined primary entrances with covered porches, porticos, and other architectural features compatible but not imitative of historic counter parts. AVOID Façades with minimally defined primary en trances. RECOMMENDED Accurate restoration of original architectural features on historic buildings. New construction, including additions, that is clearly contemporary in design, which enhances but does not compete vi sually with adjacent historic buildings. AVOID Replicating or imitating the styles, motifs, or de tails of historic buildings. ASHLAND LAND USE ORDINANCE 18.4.2.050 18.4-27 12. Additions. 13. Garage Placement. C. Rehabilitation Standards for Existing Buildings and Additions. 1. Purpose. Because there is so much activity these days in the improvement of older housing, new terminology has been introduced. The dif- ference between “restoring”, “rehabilitating”, and “remodeling” may seem academic, but each re- sults in a major difference in the way the job or project may turn out. See also, definitions of restoration and rehabilitation in part 18.6. To “restore” is to return a building to its orig- inal condition as if it were a precious museum piece. This technique it typically used for struc- tures of particular significance, such as historic landmarks where accuracy will serve an educa- tional purpose as well as a visual one. Restoration RECOMMENDED Additions that are visually unobtrusive from a public right-of-way, and do not obscure or elimi nate character defining features of historic build ings. AVOID Additions on the primary façade or any ele vation that is visually prominent from a public right-of-way, and additions that obscure or destroy character defining features. RECOMMENDED Garage placed behind the primary historic building with access from a side street or alley if available. AVOID Garage placed beside or in front of the primary historic building. 18.4.2.050 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-28 is the most painstaking improvement process and usually the most expensive because it requires technical skill and historical precision for success- ful results. It can involve the removal of extrane- ous elements as well as the recreation of original features which may have become deteriorated or been destroyed. A fine example of a restoration project in Ashland is the Swedenberg home found on Siskiyou Boulevard. Great care has been taken to assure that the architectural integrity of the building exterior is practically identical to that when it was built in the early 1900s. Remodeling a building is normally at the op- posite end of the improvement spectrum from restoration. Unless it is done with sensitivity, to remodel a building is to redesign it so that the generic features are obliterated and the basic char- acter destroyed in the name of modernization. A remodeling job is to often considered a success if the original structure is unrecognizable in the end result. Remodeling is appropriate only for build- ings which are not historic and have fallen into a state of disrepair due to vacancy or vandalism. Remodeling can also be a proper course of action when a non-historic structure undergoes a change in use, say from a single-family residence to com- mercial office space. Unfortunately, it is quite common for a house to be remodeled and totally divested of its valuable characteristics when conditions do not require such radical treatment. Hence, the expression “re- model” can have bad connotations. To many peo- ple it suggests a waste of valuable resources. It is possible, however, to remodel with sensitivity, es- pecially with the help of a talented architect. To “rehabilitate” is to take corrective mea- sures which will make a structure livable again. Some aspects of rehabilitation entail renovation and the introduction of new elements. For exam- ple, it is likely that inadequate electrical circuits would be required to be brought up to code to ensure safety and to provide adequate service for today’s modern appliances. When rehabilitating a building, it is essential to protect those portions or features which convey its historical, cultural, and architectural character. These are the very features through which the visual integrity and the eco- nomic value of the building are preserved. Modern elements shall only be introduced when absolutely necessary and in a manner which is sympathetic to the original design. An excellent example of a successful rehabilitation is the Ashland Commu- nity Center on Winburn Way. The rewards of sensitive home improvements are many. First there is the satisfaction of knowing you have done the job right. Second, there is the gratification from compliments of other people who appreciate what you have done. Third, there is the pleasure of living in an attractive, comfort- able and historically preserved home. While these benefits are difficult to measure, such restoration or rehabilitation can result in significant economic benefits. A perceptive combination of restoration and remodeling will actually contribute to the re- sale value of your home. Finally, a good rehabili- tation project can be surprisingly influential on an entire neighborhood. 2. Rehabilitation Standards. In addition to the standards of part 18.4, the approval authority uses the following standards for existing buildings and additions within the Historic District Overlay. These standards apply primarily to residential his- toric districts, residential buildings in the Down- town Historic District, and National Register-listed historic buildings not located within the Historic District Overlay. The purpose of the following standards is to prevent incompat- ible treatment of buildings in the Historic District Overlay and to ensure that new additions and ma- terials maintain the historic and architectural char- acter of the district. a. Historic architectural styles and associ- ated features shall not be replicated in new addi- tions or associated buildings. b. Original architectural features shall be restored as much as possible, when those features can be documented. c. Replacement finishes on exterior walls of historic buildings shall match the original fin- ish. Exterior finishes on new additions to historic buildings shall be compatible with, but not repli- cate, the finish of the historic building. d. Diagonal and vertical siding shall be avoided on new additions or on historic buildings except in those instances where it was used as the original siding. e. Exterior wall colors on new additions shall match those of the historic building. ASHLAND LAND USE ORDINANCE 18.4.2.050 18.4-29 18.4.2.060 f. Imitative materials including but not limited to asphalt siding, wood textured aluminum siding, and artificial stone shall be avoided. g. Replacement windows in historic build- ings shall match the original windows. Windows in new additions shall be compatible in proportion, shape and size, but not replicate original windows in the historic building. h. Reconstructed roofs on historic build- ings shall match the pitch and form of the original roof. Roofs on new additions shall match the pitch and form of the historic building, and shall be at- tached at a different height so the addition can be clearly differentiated from the historic building. Shed roofs are acceptable for one-story rear addi- tions. i. Asphalt or composition shingle roofs are preferred. Asphalt shingles which match the orig- inal roof material in color and texture are accept- able. Wood shake, woodshingle, tile, and metal roofs shall be avoided. j. New porches or entries shall be compat- ible with, but not replicate, the historic character of the building. k. New detached buildings shall be com- patible with the associated historic building and shall conform to the above standards. l. The latest version of the Secretary of the Interior’s Standards for Rehabilitation and Guide- lines for Rehabilitating Historic Buildings shall be used in clarifying and determining whether the above standards are met. Downtown Ashland A. Purpose, Intent, and Background. 1. Purpose and Intent. The purpose of the Downtown Design Standards is to respect the unique heritage and to enhance the appearance and livability of the area as it develops and changes. Section 18.4.2.060 implements the Ashland Downtown Plan. The design standards contained in this section are based on the Downtown Plan; where the intent of this section is unclear, the ap- proval authority shall refer to the Downtown Plan in interpreting this section. Based upon common features found in the downtown, the standards provide a foundation for prospective applicants, citizens, and community decision makers to direct change in a positive and tangible way. It is not the intent of the Downtown Design Standards to freeze time and halt progress or restrict an individual property owner's creativ- ity, but rather to guide new and remodeled pro- posals to be in context with their historic surroundings. Personal choice should be and can be expressed within the framework of the stan- dards. While many communities across America are attempting to create or re-create an urban down- town of their own, the Downtown Design Stan- dards are attempt to preserve what Ashland already has; a main street historical district with diverse individual buildings that collectively cre- ate an organized, coordinated, and ageless rhythm of buildings. As a collective group, the downtown can retain its sense of place, its economic base, its history, and its citizen’s vision. 2. History. Ashland’s downtown is without doubt the most important 55 acres in the city. For over 100 years, it has been the community’s eco- nomic center. The downtown boasts one of the most beautiful parks in the country, and the Ore- gon Shakespeare Festival annually draws thou- sands of theater goers. Ashland’s charm, cultural offerings, and lovely location have not been lost on those who visit, and during the last two decades the City’s population has risen from 11,000 to 16,000. However, downtown economic growth has significantly exceeded population growth. The downtown retail spaces have increased, office spaces have doubled and tourist traffic has grown over 600 percent. Downtown automobile traffic has nearly doubled and pedestrian traffic counts have risen over 200 percent to 900 percent. Such growth demands changes in planning and development, but Ashland’s citizens insist that these changes allow the downtown to maintain its integrity and its unique character. Community par- ticipation has always been integral to Ashland’s development. Citizens’ affection for the city and desire to increase the culture, physical grace, and the economy have encouraged residents to support Southern Oregon University, Lithia Park, the Ore- gon Shakespeare Festival, and numerous other community enterprises and improvements. Historically the city center, the downtown be- gan at the Plaza area and extended southeast along East Main Street. Only about one-half mile long, the area now extends from the intersection of Hel- 18.4.2.060 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-30 man and North Main Streets on the northwest to the Ashland Library on the southeast. It is approx- imately one-quarter mile wide and extends from Hargadine Street to “B” Street. Main areas are the Plaza, including the entrance to Lithia Park and Guanajuato Way, the Oregon Shakespeare Festival theaters, the East Main Street business district, the business area around the Ashland Library, Lithia Way/”C” Street, the property surrounding the old armory, and the Newbry property – the large va- cant parcel of land bounded by the viaduct and by Helman Commercial, and Water Streets, known as the Water Street Annex. Three large historic buildings will probably see more intense uses in the next twenty years – the Masonic Lodge, the Elks Lodge, and the Mark Anthony Hotel. Other buildings will undoubtedly redevelop, and conformance with both the city’s historic guidelines and the downtown develop- ment criteria should insure that the developments are positive. This downtown area is the employment cen- ter of the community, and in 1988 employed 25 percent of all city employees. Sixty-three percent of these were employed by restaurants, the Oregon Shakespeare Festival, and retail businesses which cater primarily to tourists in the summer months. With 197 businesses, the downtown is also a thriving business center. The businesses are di- verse ranging from light manufacturing and auto repair to tourist gift shops and law offices. Retail businesses comprise most of the square footage and are concentrated along Main Street. Many of these retail businesses are specialty stores which attract consumers throughout southern Oregon and northern California. Catering to the local tourist and regional markets has preserved the down- town’s economic vitality and health. In addition to being the employment and business center, the downtown is also the commu- nity’s social and arts and entertainment center. In- creased pedestrian amenities and bike paths have encouraged residents and tourists alike to enjoy the downtown by foot or bicycle or simply by sitting on the many benches and planters which have been furnished. The Oregon Shakespeare Festival, sev- eral smaller theatres, nightclubs, and restaurants provide tourist and residents with numerous op- portunities for a pleasurable night out. The combination of these factors – economic health, cultural artistic offerings, attractiveness, lo- cation, and a pleasant pedestrian and bicycling en- vironment – have endowed Ashland with the attractive qualities of a tourist town and the advan- tages of being a real center for a rural town. There are, of course, some problems which exist as a result of growth and change. The major problems which have been identified are: Economic: The need to be less dependent on the tourist industry, particularly a single facet of that sector – the Oregon Shakespeare Festival – and to promote growth in the retail and services sectors, especially those that service the local, tourist, and regional markets. Automobile and Traffic: Parking is a problem throughout the year, but particularly during the peak tourist summer months. Although facts indi- cate that parking demand is not entirely met by existing facilities, it may not be financially or en- vironmentally wise to accommodate the highest peak days. As traffic congestion continues to in- crease, the city and residents will have to adapt to different traffic patterns and use alternative forms of transport in order to alleviate the problem. Pedestrian Traffic: The substantial increase in pedestrian traffic has spurred improvements in pedestrian amenities such as benches, planter, and fountains to encourage pedestrian flow through the length of the downtown. Ongoing renovation will be needed to help accommodate the ever-growing number of people. 3. Background. The Downtown Design Stan- dards were adopted by the City Council on August 7, 1998 (Ordinance No. 2825). B. Applicability. Chapter 18.4.2.060 applies to all development within the Downtown Design Standards overlay as shown in Figure 18.4.2.060.B. ASHLAND LAND USE ORDINANCE 18.4.2.060 18.4-31 Figure 18.4.2.060.B. Downtown Design Standards Overlay C. Downtown Design Standards. 1. Height. Building height shall vary from adjacent buildings, using either stepped parapets or slightly dissimilar overall height to maintain the traditional staggered streetscape appearance as illustrated in Figures 18.4.2.060.C.1, 5, and 10. Avoid treatment shown in Figure 18.4.2.060.C.3. An exception to this standard would be buildings that have a distinctive vertical division/façade treatment that visually separates it from adjacent buildings. Multi-story development is encouraged in the downtown as illustrated in Figures 18.4.2.060.C 1, 5, 6, and 10. 18.4.2.060 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-32 Figure 18.4.2.060.C.1. 2. Setback. a. Except for arcades, alcoves, and other recessed features, building shall maintain a zero setback from the sidewalk or property line as illus- trated in Figures 18.4.2.060.C.2, 5, 6 and 10. Areas having public utility easements or similar restrict- ing conditions shall be exempt from this standard. b. Ground level entries should be recessed from the public right-of-way and have detailing and materials that create a sense of entry as il- lustrated in Figures 18.4.2.060.C.2, 5, 6, and 10. Avoid treatment shown in Figure 18.4.2.060.C.3. c. Recessed or projecting balconies, ve- randas, or other useable space above the ground level on existing and new buildings shall not be in- corporated in a street facing elevation. Avoid treat- ments shown in Figure 18.4.2.060.C.4 and 7. ASHLAND LAND USE ORDINANCE 18.4.2.060 18.4-33 Figure 18.4.2.060.C.2. Figure 18.4.2.060.C.3. 3. Width. a. The width of a building shall be ex- tended from side lot line to side lot line as il- lustrated in Figures 18.4.2.060.C.5. An exception to this standard would be an area specifically de- signed as plaza space, courtyard space, dining space, or rear access for pedestrian walkways. b. Lots greater than 80 feet in width shall respect the traditional width of buildings in the downtown area by incorporating a rhythmic divi- sion of the façade in the building’s design as il- lustrated in Figures 18.4.2.060.C.5, and 10. Avoid treatment shown in Figure 18.4.2.060.C.3. 4. Openings. a. Ground level elevations facing a street shall maintain a consistent proportion of trans- parency (i.e., windows) compatible with the pat- 18.4.2.060 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-34 tern found in the downtown area as illustrated in Figures 18.4.2.060.C.1, 5, 6, and 10. b. Scale and proportion of altered or added building elements, such as the size and relation- ship of new windows, doors, entrances, column, and other building features shall be visually com- patible with the original architectural character of the building as illustrated in Figures 18.4.2.060.C.5 and 6. Avoid treatments shown in Figure 18.4.2.060.C.4 and 9. c. Upper floor windows orientation shall primarily be vertical (height greater than width) as illustrated in Figures 18.4.2.060.C.1, 5, and 6. Avoid treatment shown in Figure 18.4.2.060.C.8. d. Except for transom windows, windows shall not break the front plane of the building as il- lustrated in Figure 18.4.2.060.C.5. e. Ground level entry doors shall be pri- marily transparent as illustrated in Figures 18.4.2.060.C.10. Avoid treatment shown in Figure 18.4.2.060.C.4. f. Windows and other features of interest to pedestrians such as decorative columns or dec- orative corbelling shall be provided adjacent to the sidewalk as illustrated in Figures 18.4.2.060.C.1 and 5. Avoid treatments shown in Figure 18.4.2.060.C.4 and 7. Blank walls adjacent to a public sidewalk are prohibited. ASHLAND LAND USE ORDINANCE 18.4.2.060 18.4-35 Figure 18.4.2.060.C.4. Figure 18.4.2.060.C.5. 5. Horizontal Rhythms. a. Prominent horizontal lines at similar levels along the street’s street front shall be main- tained as illustrated in Figures 18.4.2.060.C.1, 5, 8, and 10. Avoid treatments shown in Figure 18.4.2.060.C.4 and 8. b. A clear visual division shall be main- tained between ground level floor and upper floors 18.4.2.060 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-36 as illustrated in Figures 18.4.2.060.C.1, 5, 6, and 10. c. Buildings shall provide a foundation or base, typically from ground to the bottom of the lower window sills, with changes in volume or material, in order to give the building a sense of strength as illustrated in Figures 18.4.2.060.C.1, 5, and 10. Avoid treatments shown in Figure 18.4.2.060.C.4 and 8. 6. Vertical Rhythms. a. New construction or storefront remod- els shall reflect a vertical orientation, either through actual volumes or the use of surface de- tails to divide large walls, so as to reflect the un- derlying historic property lines as illustrated in Figures 18.4.2.060.C.5 and 6. Avoid treatment shown in Figure 18.4.2.060.C.3. Figure 18.4.2.060.C.6. b. Storefront remodeling or upper story additions shall reflect the traditional structural sys- tem of the volume by matching the spacing and rhythm of historic openings and surface detailing as illustrated in Figure 18.4.2.060.C.6. Avoid treat- ments shown in Figure 18.4.2.060.C.4 and 9. 7. Roof Forms. Sloped or residential style roof forms are discourage in the downtown area unless visually screened from the right-of-way by either a parapet or a false front. The false front shall incorporate and well defined cornice line or cap along all primary elevations as illustrated in Figures 18.4.2.060.C.1, 5, and 10. Avoid treatment shown in Figure 18.4.2.060.C.7. ASHLAND LAND USE ORDINANCE 18.4.2.060 18.4-37 Figure 18.4.2.060.C.7. 8. Materials. a. Exterior building materials shall consist of traditional building materials found in the downtown area including block, brick, painted wood, smooth stucco, or natural stone. Avoid treatments shown in Figure 18.4.2.060.C.4 and 9. b. In order to add visual interest, buildings are encouraged to incorporate complex paneled exteriors with columns, framed bays, transoms, and windows to create multiple surface levels as illustrated in Figures 18.4.2.060.C.1, 5, and 10. Avoid treatments shown in Figure 18.4.2.060.C.7, 8, and 9. Figure 18.4.2.060.C.8. 9. Awnings, Marquees, or Similar Pedestrian Shelters. a. Awnings, marquees, or similar pedes- trian shelters shall be proportionate to the building and shall not obscure the building’s architectural details. If mezzanine or transom windows exist, awning placement shall be placed below the mez- zanine or transom windows where feasible as il- lustrated in Figures 18.4.2.060.C.1, 5, 6, and 10. Avoid treatments shown in Figures 18.4.2.060.C.4 and 9. 18.4.2.060 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-38 b. Except for marquees , similar pedes- trian shelters such as awnings shall be placed be- tween pilasters as illustrated in Figures 18.4.2.060.C.1 and 5. Avoid treatment shown in Figure 18.4.2.060.C.9. c. Sidewalk coverings along storefronts shall have prominent horizontal lines at similar levels as illustrated in Figure 18.4.2.060.C.5. Avoid treatment shown in Figure 18.4.2.060.C.8. 10. Other. a. Non-street or alley facing elevations are less significant than street facing elevations. Rear and sidewalls of buildings should therefore be fairly simple (e.g., wood, block, brick, stucco, cast stone, masonry clad, with or without windows). b. Visual integrity of the original building shall be maintained when altering or adding build- ing elements. This shall include such features as the vertical lines of columns, piers, the horizontal definition of spandrels and cornices, and other pri- mary structural and decorative elements as illus- trated in Figure 18.4.2.060.C.6. Avoid treatments shown in Figure 18.4.2.060.C.4 and 9. Figure 18.4.2.060.C.9. c. Restoration, rehabilitation, or remodel- ing projects shall incorporate, whenever possible, original design elements that were previously re- moved, remodeled, or covered over as illustrated in Figure 18.4.2.060.C.6. Avoid treatments shown in Figure 18.4.2.060.C.4 and 9. d. Parking lots adjacent to the pedestrian path are prohibited. An exception to this standard would be paths required for handicapped accessi- bility. e. Pedestrian amenities such as broad side- walks, surface details on sidewalks, arcades, al- coves, colonnades, porticoes, awnings, and sidewalk seating shall be provided where possible and feasible. f. Uses that are exclusively automotive such as service stations, drive-up windows, auto sales, and tire stores are discouraged in the down- town. The City shall use its discretionary powers, such as Conditional Use Permits, to deny new ASHLAND LAND USE ORDINANCE 18.4.2.060 18.4-39 uses, although improvements to existing facilities may be permitted. Figure 18.4.2.060.C.10. 11. Exception to Standards. An exception to the Downtown Design Standards may be granted pursuant to 18.5.2.050.E Exception to the Site De- velopment and Design Standards. 18.4.2.060 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4-40 Figure 18.4.2.060.C.11. ASHLAND LAND USE ORDINANCE 18.4.2.060 18.4-41 18.4.3.010 18.4.3.020 18.4.3.030 18.4.3.040 18.4.3.050 18.4.3.070 18.4.3.080 18.4.3.090 18.4.3.100 18.4.3.110 18.4.3.010 18.4.3.020 18.4.3.030 18.4.3.040 Chapter 18.4.3 PARKING, ACCESS, AND CIRCULATION Sections: Purpose. Applicability. General Automobile Parking Requirements and Exceptions. Vehicle and Bicycle Quantity Standards. Accessible Parking Spaces. Bicycle Parking Standards. Vehicle Area Design. Pedestrian Access and Circulation. Construction. Availability of Facilities. Purpose Where automobile parking is voluntarily pro- vided, it must meet the requirements of this chap- ter which also contains requirements for bicycle parking, vehicular and pedestrian access, circula- tion, and connectivity. The purpose of this chapter is to provide safe and effective access and circu- lation for pedestrians, bicyclists, and vehicles. For transportation improvement requirements, refer to chapter 18.4.6, Public Facilities. While off-street parking is not required, access for emergency ve- hicles must be retained, and adequate accessible parking spaces, loading areas, delivery areas, and pick-up/drop-off areas should be considered. (Ord. 3229 § 1, amended, 12/19/2023) Applicability A. The requirements of this chapter apply to parking, access, and circulation facilities in all zones, except those specifically exempted, when- ever any building is erected or enlarged, parking, access or circulation is expanded or reconfigured, or the use is changed. B. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to chapter 18.5.5, Variances, except that deviations from the standards in subsections 18.4.3.080.B.4, 18.4.3.080.B.5, 18.4.3.080.B.6, and section 18.4.3.090, Pedestrian Access and Cir- culation, are subject to section 18.5.2.050.E, Ex- ception to the Site Development and Design Standards. (Ord. 3229 § 1, amended, 12/19/2023) General Automobile Parking Requirements and Exceptions A. Maximum Number of Off-Street Automobile Parking Spaces. Voluntarily pro- vided off-street automobile parking spaces shall not exceed the maximum number of spaces listed in Table 18.4.3.040, Automobile and Bike Parking Spaces by Use. 1. Automobile spaces provided on-street, or within the footprint of structures, such as in rooftop parking or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. 2. Construction of additional off-street park- ing spaces in excess of the maximum parking spaces established by use, as specified in Table 18.4.3.040, requires approval of a conditional use permit under chapter 18.5.4. (Ord. 3229 § 1, amended, 12/19/2023; Ord. 3167 § 11, amended, 12/18/2018) Vehicle and Bicycle Quantity Standards Except as provided by section 18.4.3.030, the standard ratios required for parking are as follows, as are the maximum allowances for voluntarily provided off-street automobile spaces. Fractional spaces shall be rounded up to the next whole num- ber. See also accessible parking space require- ments in section 18.4.3.050. 18.4.3.010 PARKING, ACCESS, AND CIRCULATION 18.4-42 Table 18.4.3.040. Automobile and Bike Parking Spaces by Use Use Categories Maximum Number of Voluntarily Provided Off-Street Automobile Parking Spaces (Fractional spaces shall be rounded up to next whole number) Minimum Number of Bike Parking Spaces per Land Use (Fractional spaces shall be rounded up to next whole number) Residential Categories See definition of dwelling types in section 18.6.1.030. Single-Family Dwellings, Accessory Residential Units and Duplexes No maximum. No bike parking requirements. Multifamily Dwellings A maximum of 2 spaces per multifamily dwelling unit. a. Dwellings with an individual garage are not required to provide bike parking. b. 1 sheltered space per studio/1 bedroom c. 1.5 sheltered spaces per 2 bedrooms d. 2 sheltered spaces per 3 bedrooms e. Senior housing. 1 sheltered space per 8 dwelling units Cottage Housing A maximum of 1.5 spaces per cottage. 1 sheltered space per cottage. Manufactured Housing A maximum of 2 spaces. 2 sheltered spaces per manufactured dwelling without a garage. Performance Standards Developments See chapter 18.3.9. Commercial Categories Auto, boat or trailer sales, retail nurseries and other outdoor retail uses A maximum of 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land area; plus 1 space per 5,000 sq. ft. for the excess over 10,000 sq. ft. of gross land area; and a maximum of 1 space per 2 employees. 1 per 5,000 sq. ft. of sales area Bowling Alleys A maximum of 3 spaces per alley, plus additional spaces for auxiliary uses. 1 per 2 per alleys ASHLAND LAND USE ORDINANCE 18.4.3.040 18.4-43 Table 18.4.3.040. Automobile and Bike Parking Spaces by Use (continued) Use Categories Maximum Number of Voluntarily Provided Off-Street Automobile Parking Spaces (Fractional spaces shall be rounded up to next whole number) Minimum Number of Bike Parking Spaces per Land Use (Fractional spaces shall be rounded up to next whole number) Chapels and Mortuaries A maximum of 1 space per 4 fixed seats in the main chapel. 1 per 20 seats Hotels A maximum of 1 space per guest room, plus 1 space for the owner or manager; see also, requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. 1 per 5 guest rooms Offices General Office: A maximum of 1 space per 500 sq. ft. floor area. 1 per 2,500 sq. ft. office Medical/Dental Office: A maximum of 1 space per 350 sq. ft. floor area. 1 per 1,750 sq. ft. office Restaurants, Bars, Ice Cream Parlors, Similar Uses A maximum of 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area, whichever is more 1 per 20 seats or 1 per 500 sq. ft. of gross floor area, whichever is less. Retail Sales and Services General: A maximum of 1 space per 350 sq. ft. floor area. 1 per 1,000 sq. ft. floor area Furniture and Appliances: A maximum of 1 space per 750 sq. ft. floor area. 1 per 2,500 sq. ft. floor area Skating Rinks A maximum of 1 space per 350 sq. ft. of gross floor area. 1 per 1,000 sq. ft. floor area Theaters, Auditoriums, Stadiums, Gymnasiums and Similar Uses A maximum of 1 space per 4 seats. 1 per 10 seats Travelers’ Accommodations A maximum of 1 space per guest room, plus 2 spaces for the owner or manager. 1 per 10 guest rooms Industrial Categories Industrial, Manufacturing and Production, Warehousing and Freight A maximum of 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2 employees, 1 per 5,000 sq. ft. floor area 18.4.3.040 PARKING, ACCESS, AND CIRCULATION 18.4-44 Table 18.4.3.040. Automobile and Bike Parking Spaces by Use (continued) Use Categories Maximum Number of Voluntarily Provided Off-Street Automobile Parking Spaces (Fractional spaces shall be rounded up to next whole number) Minimum Number of Bike Parking Spaces per Land Use (Fractional spaces shall be rounded up to next whole number) whichever is more, plus 1 space per company vehicle. Institutional and Public Categories Aircraft Hangar – Ashland Municipal Airport Parking spaces shall be provided within the hangar or within designated vehicle parking areas identified in the adopted Ashland Municipal Airport Master Plan. 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 Houses; Rooming and Boarding Houses; Dormitories A maximum of 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be equivalent to a guest room. 1 per 5 guest rooms Child Care Facilities A maximum of 1 space per 2 employees, plus 1 space per 10 children the facility is designed to accommodate. Home: None Commercial: 1 per classroom Golf Courses Regular: A maximum of 8 spaces per hole, plus additional spaces for auxiliary uses. 0.5 per hole Miniature: A maximum of 4 spaces per hole. 1 per hole Hospital A maximum of 2 spaces per patient bed. 1 per 2,000 sq. ft. Nursing and Convalescent Homes A maximum of 1 space per 3 patient beds. 1 per 5 employees Public Assembly A maximum of 1 space per 4 seats. 1 per 20 seats Religious Institutions and Houses of Worship A maximum of 1 space per 4 seats. 1 per 20 seats in main assembly area Rest Homes, Homes for the Aged, or Assisted Living A maximum of 1 space per 2 patient beds or 1 space per apartment unit. 1 per 5 employees Schools Elementary and Junior High: A maximum of 1.5 spaces per Preschool: 1 per classroom ASHLAND LAND USE ORDINANCE 18.4.3.040 18.4-45 Table 18.4.3.040. Automobile and Bike Parking Spaces by Use (continued) Use Categories Maximum Number of Voluntarily Provided Off-Street Automobile Parking Spaces (Fractional spaces shall be rounded up to next whole number) Minimum Number of Bike Parking Spaces per Land Use (Fractional spaces shall be rounded up to next whole number) classroom, or 1 space per 75 sq. ft. of public assembly area, whichever is greater. Elementary and Junior High: 6 per classroom High Schools: A maximum of 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. High school: 6 per classroom Colleges, Universities and Trade Schools: A maximum of 1.5 spaces per classroom, plus 1 space per 5 students the school is designed to accommodate, plus requirements for on-campus student housing. 1 per 3 students/staff Other Categories Temporary Uses Parking standards for temporary uses are the same as for primary uses, except that the City decision- making body may reduce or waive certain development and design standards for temporary uses. Bike parking standards will be determined the same as primary uses, except that the City decision- making body may reduce or waive certain development and design standards for temporary uses. Transit Station Automobile parking maximums are determined through the discretion of the City decision- making body. 4 per 10 automobile parking spaces Park and Ride Automobile parking maximums are determined through the discretion of the City decision- making body. 4 per 10 automobile parking spaces (Ord. 3229 § 1, amended, 12/19/2023; Ord. 3199 § 21, amended, 06/15/2021; Ord. 3191 § 23, amended, 11/17/2020; Ord. 3167 § 12, amended, 12/18/2018; Ord. 3155 § 9, amended, 07/17/2018; Ord. 3147 § 7, amended, 11/21/2017) 18.4.3.040 PARKING, ACCESS, AND CIRCULATION 18.4-46 18.4.3.050 18.4.3.070 Accessible Parking Spaces Where off-street vehicle parking is voluntarily provided, it must include the required number of accessible vehicle parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulations and in compliance with ORS chapter 447. In cases where no parking spaces are voluntarily proposed, outside of the C-1-D zone, for commercial, industrial, public use, mixed-use, and multifamily developments with three or more dwelling units, it is mandatory to provide at least one accessible parking space. Accessible parking shall be provided consistent with the requirements of the building code, includ- ing but not limited to the minimum number of spaces for automobiles, van-accessible spaces, lo- cation of spaces relative to building entrances, ac- cessible routes between parking areas and building entrances, identification signs, lighting, and other design and construction requirements. Accessible parking shall be included and identified on the planning application submittals. (Ord. 3229 § 1, amended, 12/19/2023) Bicycle Parking Standards A. Applicability and Minimum Requirement. All uses, with the exception of sin- gle-family residences, accessory residential units and duplexes and uses in the C-1-D zone, are re- quired to provide the minimum bike parking spaces required in Table 18.4.3.040. The required bicycle parking shall be constructed when an ex- isting residential building or dwelling is altered or enlarged by the addition or creation of dwelling units, or when a non-residential use is intensified by the addition of floor space, seating capacity, or change in use. B. Bicycle Parking Design Standards. 1. Bicycle parking shall be located so that it is visible to and conveniently accessed by cyclists, and promotes security from theft and damage. 2. Bicycle parking requirements, pursuant to this section, can be met in any of the following ways: a. Providing bicycle racks or lockers out- side the main building, underneath an awning or marquee, or in an accessory parking structure. b. Providing a bicycle storage room, bicy- cle lockers, or racks inside the building. c. Providing bicycle racks on the public right-of-way, subject to review and approval by the Staff Advisor. 3. All required exterior bicycle parking shall be located on-site and within 50 feet of a regularly used building entrance and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking shall have direct access to both the public right-of-way and to the main en- trance of the principal use. For facilities with mul- tiple buildings, building entrances or parking lots (such as a college), exterior bicycle parking shall be located in areas of greatest use and convenience for bicyclists. 4. Required bicycle parking spaces located outdoors shall be visible enough to provide secu- rity. Lighting shall be provided in a bicycle park- ing area so that all facilities are thoroughly illuminated, well-lit, and visible from adjacent walkways or motor vehicle parking lots during all hours of use. 5. Paving and Surfacing. Outdoor bicycle parking facilities shall be surfaced in the same manner as the automobile parking area or with a minimum of two-inch thickness of hard surfacing (i.e., asphalt, concrete, pavers, or similar material) and shall be relatively level. This surface will be maintained in a smooth, durable, and well-drained condition. 6. Bicycle parking located outside the build- ing shall provide and maintain an aisle for bicycle maneuvering between each row of bicycle park- ing. Bicycle parking including rack installations shall conform to the minimum clearance standards as illustrated in Figure 18.4.3.070.B.6. a. Bicycle parking must be installed in a manner to allow space for the bicycle to be maneu- vered to a position where it may be secured with- out conflicts from other parked bicycles, walls, or other obstructions. b. Bicycle parking should include suffi- cient bicycle parking spaces to accommodate large bicycles, including family and cargo bicycles. ASHLAND LAND USE ORDINANCE 18.4.3.070 18.4-47 Figure 18.4.3.070.B.6. Bike Parking Layout 7. A bicycle parking space located inside of a building for employee bike parking shall be a min- imum of six feet long by three feet wide by four feet high. 18.4.3.070 PARKING, ACCESS, AND CIRCULATION 18.4-48 8. Each required bicycle parking space shall be accessible without moving another bicycle. 9. Areas set aside for required bicycle park- ing shall be clearly marked and reserved for bicy- cle parking only. 10. Sheltered parking shall mean protected from all precipitation and must include the mini- mum protection coverages as illustrated in Figure 18.4.3.070.B.10.a ASHLAND LAND USE ORDINANCE 18.4.3.070 18.4-49 Figure 18.4.3.070.B.10.a. Covered Bike Parking Layout Figure 18.4.3.070.B.10.b. Covered Bike Parking Layout 11. Bicycle parking shall be located to mini- mize the possibility of accidental damage to either bicycles or racks. Where needed, barriers shall be installed. 12. Bicycle parking shall not impede or cre- ate a hazard to pedestrians. They shall not be lo- cated so as to violate the vision clearance standards of section 18.2.4.040. Bicycle parking 18.4.3.070 PARKING, ACCESS, AND CIRCULATION 18.4-50 facilities should be harmonious with their environ- ment both in color and design. Facilities should be incorporated whenever possible into building de- sign or street furniture. C. Bicycle Parking Rack Standards. The in- tent of the following standards is to ensure that re- quired bicycle racks are designed so that bicycles may be securely locked to them without undue in- convenience and will be reasonably safeguarded from intentional or accidental damage. 1. Bicycle parking racks shall consist of sta- ple-design or inverted-U steel racks meeting the individual rack specifications as illustrated in Fig- ure 18.4.3.070.C.1. The Staff Advisor, in consulta- tion with the Public Works Director, may approve alternatives to the above standards. Alternatives shall conform to all other applicable standards of this section including accommodating large bicy- cles, family bicycles, or cargo bicycles so they may be secured by at least two points, and provid- ing adequate shelter and lighting. Figure 18.4.3.070.C.1. Bicycle Parking Rack 2. Commercial bike lockers are acceptable according to manufacturer’s specifications. 3. Bicycle parking racks or lockers shall be anchored securely. 4. Bicycle racks shall hold bicycles securely by means of the frame. The frame shall be sup- ported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the ASHLAND LAND USE ORDINANCE 18.4.3.070 18.4-51 18.4.3.080 wheels. Bicycle racks shall accommodate all of the following: a. Locking the frame and both wheels to the rack with a high-security U-shaped shackle lock, if the bicyclist removes the front wheel. b. Locking the frame and one wheel to the rack with a high-security U-shaped shackle lock, if the bicyclist leaves both wheels on the bicycle. c. Locking the frame and both wheels to the rack with a chain or cable not longer than six feet without removal of the front wheel. (Ord. 3229 § 1, amended, 12/19/2023) Vehicle Area Design A. Parking Location. 1. Except as allowed in subsection 18.4.3.080.A.2, automobile parking shall not be located in a required front and side yard setback area abutting a public street, except alleys. 2. In all residential zones, off-street parking in a front yard for all vehicles, including trailers and recreational vehicles, is limited to a contigu- ous area no more than 25 percent of the area of the front yard, or a contiguous area 25 feet wide and the depth of the front yard, whichever is greater. Since parking in violation of this section is occa- sional in nature, and is incidental to the primary use of the site, no vested rights are deemed to exist and violations of this section are not subject to the protection of the nonconforming use sections of this code. B. Parking Area Design. Voluntarily provided parking areas and parking spaces shall be designed in accordance with the following standards and di- mensions as illustrated in Figure 18.4.3.080.B. See also accessible parking space requirements in sec- tion 18.4.3.050 and parking lot and screening stan- dards in subsection 18.4.4.030.F. 1. Parking spaces shall be a minimum of nine feet by 18 feet. 2. Parking spaces may be designated for compact cars. Minimum dimensions for compact spaces shall be eight feet by 16 feet. Such spaces shall be signed or the space painted with the words “Compact Car Only.” 3. Parking spaces shall have a back-up ma- neuvering space not less than 22 feet, except where parking is angled, and which does not ne- cessitate moving of other vehicles. Figure 18.4.3.080.B. Parking Area Dimensions 4. Parking lots with 50 or more parking spaces, and parking lots where pedestrians must traverse more than 150 feet of parking area, as measured as an average width or depth, shall be divided into separate areas by one or more of the following means: a building or group of buildings; plaza landscape areas with walkways at least five feet in width; streets; or driveways with street-like 18.4.3.080 PARKING, ACCESS, AND CIRCULATION 18.4-52 features as illustrated in Figure 18.4.3.080.B.4. “Street-like features,” for the purpose of this sec- tion, means a raised sidewalk of at least five feet in width, with six-inch curb, accessible curb ramps, street trees in planters or tree wells and pedestrian- oriented lighting (i.e., not exceeding 14 feet typi- cal height). Figure 18.4.3.080.B.4. Dividing Parking Lots into Separate Areas 5. Parking areas shall be designed to mini- mize the adverse environmental and microclimatic impacts of surface parking through design and ma- terial selection as illustrated in Figure 18.4.3.080.B.6. Parking areas of more than seven parking spaces shall meet the following standards: a. Use one or more of the following strate- gies for the surface parking area, or put 50 percent ASHLAND LAND USE ORDINANCE 18.4.3.080 18.4-53 of parking underground. For parking lots with 50 or more spaces the approval authority may ap- prove a combination of strategies. i. Use light colored paving materials with a high solar reflectance (solar reflective index (SRI) of at least 29) to reduce heat absorption for a minimum of 50 percent of the parking area sur- face. ii. Provide porous solid surfacing or an open grid pavement system that is at least 50 per- cent pervious for a minimum of 50 percent of the parking area surface. iii. Provide at least 50 percent shade from tree canopy over the parking area surface within five years of project occupancy. iv. Provide at least 50 percent shade from solar energy generating carports, canopies or trellis structures over the parking area surface. b. Design parking lots and other hard sur- face areas in a way that captures and treats runoff with landscaped medians and swales. c. Parking lot areas include all parking spaces, driveways and circulation and maneuver- ing areas. 6. Parking lot designs shall incorporate the strategies identified in subsections 18.4.3.080.B.5.a and 18.4.3.080.B.5.b above, and further incorporate the following: a. New or redeveloped parking lots of less than one-half acre in area shall include tree canopy covering at least 30 percent of the parking lot area at maturity, but no more than 15 years after plant- ing. b. New or redeveloped parking areas greater than one-half acre in area shall provide one of the following: i. Tree canopy covering at least 40 per- cent of the new parking lot area at maturity, but no more than 15 years after planting. ii. The installation of solar panels with a generation capacity of at least one-half kilowatt per new parking space. These panels may be lo- cated anywhere on the property. In lieu of in- stalling solar panels on site, the developer may pay an in-lieu-of fee of $1,500.00 per new parking space to a city-established fund dedicated to equi- table solar and/or wind energy development. iii. For public buildings, demonstration of compliance with OAR 330-135-0010, which requires that projects involving public buildings spend at least one and one-half percent on green energy. c. Parking Lot Trees Planting Standards. Parking lot trees shall be selected from the “Park- ing Lot Trees” list found in the City of Ashland Recommended Street Trees Guide. Alternative tree selections may be approved by the Staff advi- sor in consultation with utility providers, and the Tree Advisory Committee. i. Parking lot trees shall be planted and maintained to maximize their root health and chances for survival, and maintained to 2021 American National Standards Institute (ANSI) A300 standards including having ample high-qual- ity soil, space for root growth, and reliable irriga- tion according to the needs of the species, or as amended by ANSI. ii. A parking lot tree canopy plan for parking lots shall be prepared by a licensed land- scape architect or International Society of Arbori- culture (ISA) certified arborist and include certification that the plan is consistent with ANSI A300 standards and was prepared in coordination with the local electrical utility. Prior to final in- spection or occupancy approval, written certifi- cation from a licensed landscape architect or ISA-certified arborist that the planting was com- pleted according to the approved plans shall be provided. iii. Canopy coverage is measured from a plan view based on expected canopy diameter 15 years after planting. Existing mature trees to be preserved may be counted at their existing diame- ter. Paved areas not for use by passenger vehicles, such as loading areas or outdoor storage of goods or materials, may be exempted from the canopy coverage calculation. 18.4.3.080 PARKING, ACCESS, AND CIRCULATION 18.4-54 Figure 18.4.3.080.B.6. Parking Design to Reduce Environmental Impacts C. Vehicular Access and Circulation. The in- tent of this subsection is to manage access to land uses and on-site circulation and maintain trans- portation system safety and operations. For trans- portation improvement requirements, refer to chapter 18.4.6, Public Facilities. 1. Applicability. This section applies to all public streets within the City and to all properties that abut these streets. The standards apply when developments are subject to a planning action (e.g., site design review, conditional use permit, land partition, performance standards subdivi- sion). 2. Site Circulation. New development shall be required to provide a circulation system that ac- commodates expected traffic on the site. All on- site circulation systems shall incorporate street-like features as described in subsection 18.4.3.080.B.4. Pedestrian connections on the site, including connections through large sites, and con- ASHLAND LAND USE ORDINANCE 18.4.3.080 18.4-55 nections between sites and adjacent sidewalks must conform to the provisions of section 18.4.3.090. 3. Intersection and Driveway Separation. The distance from a street intersection to a drive- way, or from a driveway to another driveway, shall meet the minimum spacing requirements for the street’s classification in the Ashland Transporta- tion System Plan (TSP) as illustrated in Figures 18.4.3.080.C.3.a and 18.4.3.080.C.3.b. 18.4.3.080 PARKING, ACCESS, AND CIRCULATION 18.4-56 Figure 18.4.3.080.C.3.a. Driveway Separation for Boulevards, Avenues, and Collectors ASHLAND LAND USE ORDINANCE 18.4.3.080 18.4-57 Figure 18.4.3.080.C.3.b. Driveway Separation for Neighborhood Streets a. In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. b. Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM, or M-1 zone shall meet the controlled access standards set forth below. If applicable, cross access easements shall be required so that access to all properties created 18.4.3.080 PARKING, ACCESS, AND CIRCULATION 18.4-58 by the land division can be made from one or more points. c. Street and driveway access points in an R-2, R-3, C-1, E-1, CM, or M-1 zone shall be lim- ited to the following: i. Distance between driveways On boulevard streets: 100 feet On collector streets: 75 feet On neighborhood streets: 24 feet ii. Distance from intersections. On boulevard streets: 100 feet On collector streets: 50 feet On neighborhood streets: 35 feet d. Access Requirements for Multifamily Developments. All multifamily developments which will have automobile trip generation in ex- cess of 250 vehicle trips per day shall provide at least two driveway access points to the develop- ment. Trip generation shall be determined by the methods established by the Institute of Transporta- tion Engineers. 4. Shared Use of Driveways and Curb Cuts. a. Plans submitted for developments sub- ject to a planning action shall indicate how dri- veway intersections with streets have been minimized through the use of shared driveways and all necessary access easements. Where nec- essary from traffic safety and access management purposes, the City may require joint access and/or shared driveways in the following situations: i. For shared parking areas. ii. For adjacent developments, where access onto an arterial is limited. iii. For multifamily developments, and developments on multiple lots. b. Developments subject to a planning ac- tion shall remove all curb cuts and driveway ap- proaches not shown to be necessary for existing improvements or the proposed development. Curb cuts and approaches shall be replaced with stan- dard curb, gutter, sidewalk, and planter/furnish- ings strip as appropriate. c. If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and not from the street frontage. 5. Alley Access. Where a property has alley access, vehicle access shall be taken from the alley and driveway approaches and curb cuts onto adja- cent streets are not permitted. D. Driveways and Turn-Around Design. Dri- veways and turn-arounds providing access to park- ing areas shall conform to the following provisions: 1. A driveway for a single-family dwelling or a duplex shall be a minimum of nine feet in width except that driveways over 50 feet in length or serving a flag lot shall meet the width and de- sign requirements of section 18.5.3.060. Acces- sory residential units are exempt from the requirements of this subsection. 2. Parking areas of seven or fewer spaces shall be served by a driveway 12 feet in width, except for those driveways subject to subsection 18.4.3.080.D.1. Accessory residential units are ex- empt from the requirements of this subsection. 3. Parking areas of more than seven parking spaces shall be served by a driveway 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; provide adequate aisles or turn-around areas so ASHLAND LAND USE ORDINANCE 18.4.3.080 18.4-59 that all vehicles may enter the street in a forward manner; and a driveway width as follows: a. A driveway accommodating two-way vehicular circulation on site shall be 20 feet in width. b. A driveway configured for one-way ve- hicular circulation on site, which provides sepa- rated ingress and egress access onto the public street, may be reduced to 15 feet in width upon demonstration that adequate fire apparatus access is provided. 4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be minimized. 5. For single-family lots and multifamily de- velopments, the number of driveway approaches and curb cuts shall not exceed one approach/curb cut per street frontage. For large multifamily de- velopments and other uses, the number of ap- proaches and curb cuts shall be minimized where feasible to address traffic safety or operations con- cerns. 6. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a mini- mum vertical clearance of 13.5 feet for their entire length and width. Parking structures are exempt from this requirement. 7. Vision Clearance. No obstructions may be placed in the vision clearance area except as set forth in section 18.2.4.040. 8. Grades for new driveways in all zones shall not exceed 20 percent for any portion of the driveway. If required by the City, the developer or owner shall provide certification of driveway grade 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 adjust- ment, including those for flag lots, shall conform to the requirements of chapter 18.5.3, Land Divi- sions and Property Line Adjustments. E. Parking and Access Construction. The de- velopment and maintenance as provided below shall apply in all cases, except single-family dwellings, accessory residential units, and du- plexes: 1. Paving. All parking areas, aisles, turn- arounds, and driveways shall be paved with con- crete, asphaltic, porous solid surface, or comparable surfacing, constructed to standards on file in the office of the City Engineer. 2. Drainage. All 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 shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. 4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked. 5. Wheel Stops. Wheel stops shall be a min- imum 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 appro- priate for all spaces abutting property lines, build- ings, 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 fire-resistant broadleaf evergreen sight-obscuring hedge screen between 30 and 42 inches in height and a min- imum 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 re- quirements: 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 stan- dards, the required wall or screening shall be de- signed to allow access to the site and sidewalk by pedestrians and shall meet the vision clearance area requirements in section 18.2.4.040, and shall not obstruct fire apparatus access, fire hydrants, or other fire appliances. b. In all zones, except single-family zones, where a parking facility or driveway is adjacent 18.4.3.080 PARKING, ACCESS, AND CIRCULATION 18.4-60 18.4.3.090 to a residential or agricultural zone, school yard, or like institution, a sight-obscuring fence, wall, or fire-resistant broadleaf evergreen sight-obscuring 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 be- ing damaged by vehicles using said parking area. iv. Notwithstanding the above stan- dards, the required wall or screening shall be de- signed 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 fa- cilities shall include landscaping to cover not less than seven percent of the area devoted to outdoor parking facilities, including the landscaping re- quired in subsection 18.4.3.080.E.6. Said land- scaping shall be uniformly distributed throughout the parking area, and provided with irrigation fa- cilities and protective curbs or raised wood head- ers. It may consist of trees, plus shrubs, ground cover, or related material. A minimum of one tree per seven parking spaces is required and in com- pliance with the parking lot tree canopy standards set forth in subsection 18.4.3.080.B.6. 8. Electric Vehicle Charging. Mixed-use or multifamily residential developments with five or more dwelling units shall provide electrical ser- vice capacity by extending conduit to support fu- ture electric vehicle charging infrastructure to at least 40 percent of the off-street parking spaces provided. 9. Where new designated employee parking areas are voluntarily provided in new develop- ments, preferential parking for carpools and van- pools shall be included. 10. Lighting. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property. Lighting shall comply with section 18.4.4.050. (Ord. 3229 § 1, amended, 12/19/2023; Ord. 3199 § 23, amended, 06/15/2021; Ord. 3158 § 5, amended, 09/18/2018; Ord. 3155 § 11, amended, 07/17/2018) Pedestrian Access and Circulation A. Purpose. The purpose of this section is to provide for safe, direct, and convenient pedestrian access and circulation. B. Standards. Development subject to this chapter, except single-family dwellings on indi- vidual lots, accessory residential units, duplexes, and associated accessory structures, shall conform to the following standards for pedestrian access and circulation: 1. Continuous Walkway System. Extend the walkway system throughout the development site and connect to all future phases of development, and to existing or planned off-site adjacent side- walks, trails, parks, and common open space areas to the greatest extent practicable. The developer may also be required to connect or stub walk- way(s) to adjacent streets and to private property for this purpose. 2. Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient walkway connections between primary building entrances and all adjacent streets. For the purposes of this section, the following definitions apply: a. Reasonably Direct. A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users. b. Safe and Convenient. Reasonably free from hazards and provides a reasonably direct means of walking between destinations. c. Primary Entrance. For a non-residential building, the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main em- ployee entrance. d. Primary Entrance. For a residential building, the front door (i.e., facing the street). For multifamily buildings and mixed-use build- ASHLAND LAND USE ORDINANCE 18.4.3.090 18.4-61 ings where not all dwelling units have an individ- ual exterior entrance, the “primary entrance” may be a lobby, courtyard, or breezeway serving as a common entrance for more than one dwelling. 3. Connections within Development. Walk- ways within developments shall provide connec- tions meeting all of the following requirements as illustrated in Figures 18.4.3.090.B.3.a and 18.4.3.090.B.3.b: a. Connect all building entrances to one another to the extent practicable. b. Connect on-site parking areas, common and public open spaces, and common areas, and connect off-site adjacent uses to the site to the extent practicable. Topographic or existing devel- opment constraints may be cause for not making certain walkway connections. c. Install a protected raised walkway through parking areas of 50 or more spaces, and where pedestrians must traverse more than 150 feet of parking area, as measured as an average width or depth. 18.4.3.090 PARKING, ACCESS, AND CIRCULATION 18.4-62 Figure 18.4.3.090.B.3.a. Pedestrian Access and Circulation ASHLAND LAND USE ORDINANCE 18.4.3.090 18.4-63 Figure 18.4.3.090.B.3.b. Pedestrian Access and Circulation Detail 4. Walkway Design and Construction. Walk- ways shall conform to all of the following stan- dards as illustrated in Figures 18.4.3.090.B.3.a and 18.4.3.090.B.3.b. For transportation improvement requirements, refer to chapter 18.4.6, Public Facil- ities. a. Vehicle/Walkway Separation. Except for crosswalks, where a walkway abuts a driveway or street, it shall be raised six inches and curbed along the edge of the driveway. Alternatively, the approval authority may approve a walkway abut- ting a driveway at the same grade as the driveway if the walkway is distinguished from vehicle-ma- neuvering areas. Examples of alternative treat- ments are mountable curbs, surface treatments such as stamped concrete or reflector bumps, and 18.4.3.090 PARKING, ACCESS, AND CIRCULATION 18.4-64 18.4.3.100 18.4.3.110 using a row of decorative metal or concrete bol- lards to separate a walkway from a driveway. b. Crosswalks. Where walkways cross a parking area or driveway, clearly mark crosswalks with contrasting paving materials (e.g., light-color concrete inlay between asphalt), which may be part of a raised/hump crossing area. Painted or thermo-plastic striping and similar types of non- permanent applications may be approved for crosswalks not exceeding 24 feet in length. c. Walkway Surface and Width. Walkway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface, and at least five feet wide. Multi-use paths (i.e., for bicycles and pedestrians) shall be concrete or asphalt, and at least ten feet wide, in accordance with section 18.4.6.040, Street Design Standards. d. Accessible Routes. Walkways shall comply with applicable Americans with Disabili- ties Act (ADA) and State of Oregon requirements. The ends of all raised walkways, where the walk- way intersects a driveway or street, shall provide ramps that are ADA accessible, and walkways shall provide direct routes to primary building en- trances. e. Lighting. Lighting shall comply with section 18.4.4.050. (Ord. 3229 § 1, amended, 12/19/2023; Ord. 3229 § 1, amended, 12/19/2023; Ord. 3199 § 24, amended, 06/15/2021; Ord. 3191 § 24, amended, 11/17/2020) Construction Parking, access, and circulations facilities shall be installed as approved prior to a release of a certificate of use and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. However, the Building Official may, unless otherwise directed by the Planning Commission or Staff Advisor, release a temporary certificate of use and occupancy and a temporary release of utilities before the installation of said fa- cilities provided: (1) there is proof that the owner has entered into a contract with a qualified, bonded, and insured contractor for the completion of the parking, including walkways, landscaping, and other elements required by this chapter, with a specified time, and no other conditions of ap- proval are outstanding; or (2) the owner has posted a satisfactory performance bond to ensure the in- stallation of said parking facilities within a speci- fied time. (Ord. 3229 § 1, amended, 12/19/2023) Availability of Facilities Parking, access, and circulation shall be avail- able for use by residents, customers, and employ- ees only, and shall not be used for the storage or display of vehicles or materials. (Ord. 3229 § 1, amended, 12/19/2023) ASHLAND LAND USE ORDINANCE 18.4.3.110 18.4-65 18.4.4.010 18.4.4.020 18.4.4.030 18.4.4.040 18.4.4.050 18.4.4.060 18.4.4.070 18.4.4.010 18.4.4.020 18.4.4.030 Chapter 18.4.4 LANDSCAPING, LIGHTING, AND SCREENING Sections: Purpose. Applicability. Landscaping and Screening. Recycling and Refuse Disposal Areas. Outdoor Lighting. Fences and Walls. Open Space. Purpose Chapter 18.4.4 contains standards for landscap- ing and screening, recycle and refuse disposal ar- eas, outdoor lighting, and fences and walls. The regulations are intended to protect public health, safety, and welfare by reducing development im- pacts, such as glare, noise, and visual impacts, on adjacent uses; minimizing erosion; slowing the rate of surface water runoff, thereby reducing in- frastructure costs; buffering pedestrians from ve- hicle maneuvering areas; cooling buildings and parking lots in summer months with shade; and en- hancing the city’s appearance. Applicability The requirements of chapter 18.4.4 apply, as follows: A. Landscaping and Screening. Section 18.4.4.030 establishes design standards for land- scaping and screening, and applies to residential, commercial, and manufacturing developments that are subject to chapter 18.5.2, Site Design Review. B. Recycling and Refuse. Section 18.4.4.040 establishes design standards for recycle and refuse disposal areas, and applies to residential, commer- cial, and manufacturing developments that are subject to chapter 18.5.2, Site Design Review. C. Outdoor Lighting. Section 18.4.4.050 es- tablishes standards for outdoor lighting, and ap- plies to all new outdoor lighting installed or replaced after January 16, 2015 (Ord. 3105). D. Fences and Walls. Section 18.4.4.060 es- tablishes design standards for fences and walls. This section applies where a fence or wall is erected, extended, or otherwise altered; it also ap- plies to hedges and screen planting and situations where this ordinance requires screening or buffer- ing. E. Open Space. Section 18.4.4.070 establishes standards for open space, and applies to residential developments that are subject to chapter 18.5.2, Site Design Review, and/or 18.3.9, Performance Standards Option and PSO Overlay. Certain sec- tions of this ordinance require common and/or pri- vate open space as part of review under chapter 18.5.2, Site Design Review, or chapter 18.3.9, Per- formance Standards Option and PSO Overlay. Certain other sections allow common open space to be provided in order to obtain density bonuses. All those sections reference section 18.4.4.070, which establishes standards for common and pri- vate open space. F. Exceptions and Variances. Requests to de- part from the landscaping and screening require- ments in section 18.4.4.030, recycling and refuse requirements in section 18.4.4.040, and outdoor lighting in section 18.4.4.050 are subject to sub- section 18.5.2.050.E, Exception to the Site Devel- opment and Design Standards. Requests to depart from the fence and wall requirements in section 18.4.4.060 are subject to chapter 18.5.5, Variances. (Ord. 3190 § 5, amended, 11/17/2020) Landscaping and Screening A. General Landscape Standard. All portions of a lot not otherwise developed with buildings, accessory structures, vehicle maneuvering areas, parking, or other approved hardscapes shall be landscaped pursuant to this chapter. B. Minimum Landscape Area and Coverage. All lots shall conform to the minimum landscape area standards of the applicable zoning district (see Tables 18.2.5.030.A through C for res- idential zones and Table 18.2.6.030 for non-res- idential zones). Except as otherwise provided by this chapter, areas proposed to be covered with plant materials shall have plant coverage of not less than 50 percent coverage within one year and 90 percent coverage within five years of planting. C. Landscape Design and Plant Selection. The landscape design and selection of plants shall be based on all of the following standards: 1. Tree and Shrub Retention. Existing healthy trees and shrubs shall be retained, pursuant to chapter 18.4.5. Consistent with chapter 18.4.5, 18.4.4.010 LANDSCAPING, LIGHTING, AND SCREENING 18.4-66 Tree Preservation and Protection, credit may be granted toward the landscape area requirements where a project proposal includes preserving healthy vegetation that contribute(s) to the land- scape design. 2. Plant Selection. a. Use a variety of deciduous and ever- green trees, shrubs, and ground covers. b. Use plants that are appropriate to the lo- cal climate, exposure, and water availability. The presence of utilities and drainage conditions shall also be considered. c. Storm Water Facilities. Use water-toler- ant species where storm water retention/detention or water quality treatment facilities are proposed. d. Crime Prevention and Defensible Space. Landscape plans shall provide for crime prevention and defensible space, for example, by using low hedges and similar plants allowing nat- ural surveillance of public and semi-public areas, and by using impenetrable hedges in areas where physical access is discouraged. e. Street Trees. Street trees shall conform to the street tree list approved by the Ashland Tree Commission. See the Ashland Recommended Street Tree Guide. 3. Water Conserving Landscaping. Commer- cial, industrial, non-residential, and mixed-use de- velopments that are subject to chapter 18.5.2, Site Design Review, shall use plants that are low water use and meet the requirements of subsection 18.4.4.030.I, Water Conserving Landscaping. 4. Hillside Lands and Water Resources. Landscape plans for land located in the Hillside Lands overlay must also conform to section 18.3.10.090, Development Standards for Hillside Lands, and in the Water Resources overlay must also conform to section 18.3.11.110, Mitigation Requirements for Water Resource Protection Zones. 5. Screening. a. Evergreen shrubs shall be used where a sight-obscuring landscape screen is required. b. Where a hedge is used as a screen, fire- resistant and drought-tolerant evergreen shrubs shall be planted so that not less than 50 percent of the desired screening is achieved within two years and 100 percent is achieved within four years. Liv- ing groundcover in the screen strip shall be planted such that 100 percent coverage is achieved within two years. 6. Plant Sizes. a. Trees shall be not less than two-inch caliper for street trees and 1.5-inch caliper for other trees at the time of planting. b. Shrubs shall be planted from not less than one gallon containers, and where required for screening shall meet the requirements of subsec- tion 18.4.4.030.C.5, Screening. D. Tree Preservation, Protection, and Removal. See chapter 18.4.5 for tree protection and preservation and chapter 18.5.7 for tree re- moval permit requirements. E. Street Trees. The purpose of street trees is to form a deciduous canopy over the street. The same effect is also desired in parking lots and internal circulation streets; rows of street trees should be included in these areas where feasible. All development fronting on public or private streets shall be required to plant street trees in ac- cordance with the following standards and chosen from the recommended list of street trees. 1. Location of Street Trees. Street trees shall be located in the designated planting strip or street tree wells between the curb and sidewalk, or be- hind the sidewalk in cases where a planting strip or tree wells are or will not be in place. Street trees shall include irrigation, root barriers, and generally conform to the standards established by the Com- munity Development Department. 2. Spacing and Placement of Street Trees. All street tree spacing may be made subject to special site conditions that may, for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the Staff Ad- visor’s review and approval. The placement, spac- ing, and pruning of street trees shall meet all of the following requirements: a. Street trees shall be placed at the rate of one tree for every 30 feet of street frontage. Trees shall be evenly spaced, with variations to the spac- ing permitted for specific site limitations, such as driveway approaches. b. Street trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than ten feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. ASHLAND LAND USE ORDINANCE 18.4.4.030 18.4-67 c. Street trees shall not be planted closer than 20 feet to light standards. Except for public safety, no new light standard location shall be po- sitioned closer than ten feet to any existing street tree, and preferably such locations will be at least 20 feet distant. d. Street trees shall not be planted closer than two and one-half feet from the face of the curb. Street trees shall not be planted within two feet of any permanent hard surface paving or walk- way. Sidewalk cuts in concrete for trees, or tree wells, shall be at least 25 square feet; however, larger cuts are encouraged because they allow ad- ditional air and water into the root system and add to the health of the tree. Tree wells shall be cov- ered by tree grates in accordance with City speci- fications. e. Street trees planted under or near power lines shall be selected so as to not conflict with power lines at maturity. f. Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree. Sidewalks of variable width and elevation, where approved pur- suant to section 18.4.6.040, Street Design Stan- dards, may be utilized to save existing street trees, subject to approval by the Staff Advisor. 3. Pruning. Street trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 12 feet above street roadway surfaces. 4. Replacement of Street Trees. Existing street trees removed by development projects shall be replaced by the developer with those from the street tree list approved by the Ashland Tree Com- mission. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. See the Ashland Recommended Street Tree Guide. F. Parking Lot Landscaping and Screening. Parking lot landscaping, including areas of vehicle maneuvering, parking, and loading, shall meet the following requirements. Single-family dwellings and accessory residential units are exempt from the requirements of subsection 18.4.4.030.F.2, be- low. 1. Landscaping. a. Parking lot landscaping shall consist of a minimum of seven percent of the total parking area plus a ratio of one tree for each seven parking spaces to create a canopy effect. b. The tree species shall be an appropriate large canopied shade tree and shall be selected from the street tree list approved by the Ashland Tree Commission to avoid root damage to pave- ment and utilities, and damage from droppings to parked cars and pedestrians. See the Ashland Rec- ommended Street Tree Guide. c. The tree shall be planted in a landscaped area such that the tree bole is at least two feet from any curb or paved area. d. The landscaped area shall be distributed throughout the parking area and parking perimeter at the required ratio. e. That portion of a required landscaped yard, buffer strip, or screening strip abutting park- ing stalls may be counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as the tree species, living plant material coverage, and placement distribution cri- teria are also met. Front or exterior yard land- scaping may not be substituted for the interior landscaping required for interior parking stalls. 2. Screening. a. Screening Abutting Property Lines. A five-foot landscaped strip shall screen parking abutting a property line. Where a buffer between zones is required, the screening shall be incorpo- rated into the required buffer strip, and will not be an additional requirement. b. Screening Adjacent to Residential Building. Where a parking area is adjacent to a res- idential building it shall be set back at least eight feet from the building, and shall provide a contin- uous hedge screen. c. Screening at Required Yards. i. Parking abutting a required land- scaped front yard or exterior yard shall incorporate a sight obstructing hedge screen into the required landscaped yard. ii. The screen shall grow to be at least 36 inches higher than the finished grade of the parking area, except within vision clearance areas (section 18.2.4.040). iii. The screen height may be achieved by a combination of earth mounding and plant ma- terials. 18.4.4.030 LANDSCAPING, LIGHTING, AND SCREENING 18.4-68 iv. Elevated parking lots shall screen both the parking and the retaining walls. G. Other Screening Requirements. Screening is required for refuse and recycle containers, out- door storage areas, loading and service corridors, mechanical equipment, and the City may require screening in other situations, pursuant with the re- quirements of this ordinance. 1. Recycle and Refuse Container Screen. Re- cycle and refuse containers or disposal areas shall be screened by placement of a solid wood fence or masonry wall five to eight feet in height to limit the view from adjacent properties or public rights- of-way. All recycle and refuse materials shall be contained within the screened area. 2. Outdoor Storage. Outdoor storage areas shall be screened from view, except such screening is not required in the M-1 zone. 3. Loading Facilities and Service Corridors. Commercial and industrial loading facilities and service corridors shall be screened when adjacent to residential zones. Siting and design of such ser- vice areas shall reduce the adverse effects of noise, odor, and visual clutter upon adjacent residential uses. 4. Mechanical Equipment. Mechanical equipment shall be screened by placement of fea- tures at least equal in height to the equipment to limit view from public rights-of-way, except al- leys, and adjacent residentially zoned property. Mechanical equipment meeting the requirements of this section satisfy the screening requirements in subsection 18.5.2.020.C.4. a. Roof-Mounted Equipment. Screening for roof-mounted equipment shall be constructed of materials used in the building’s exterior con- struction and include features such as a parapet, wall, or other sight-blocking features. Roof- mounted solar collection devices are exempt from this requirement pursuant to subsection 18.5.2.020.C.4. b. Other Mechanical Equipment. Screen- ing for other mechanical equipment (e.g., installed at ground level) includes features such as a solid wood fence, masonry wall, or hedge screen. H. Irrigation. Irrigation systems shall be in- stalled to ensure landscape success. If a landscape area is proposed without irrigation, a landscape professional shall certify the area can be main- tained and survive without artificial irrigation. Ir- rigation plans are reviewed through a ministerial process at the time of building permit submittals. I. Water Conserving Landscaping. Water has always been a scarce, valuable resource in the Western United States. In the Rogue Valley, winter rains give way to a dry season spanning five to seven months. Lack of water during the dry sum- mer season was a major problem facing early set- tlers. Their creative solutions greatly altered the development of this region. Talent Irrigation Dis- trict’s and other district’s reservoirs and many miles of reticulating canals are an engineering marvel. Ashland’s early development centered around Ashland Creek and its year-round water supply flowing from the flanks of Mt. Ashland, a mile in elevation above the town. As the town grew, the old reservoir at the top of Granite Street and later, Reeder Reservoir were built. They remain as a testament to the town’s need for more water than the quantity that flows through the City during the dry season. The reser- voir collects the winter rain behind its dams, for use during the dry season. Snowfall adds to this system by slowly melting in the spring and sum- mer, after rainfall has diminished. This recharges the groundwater that continues to flow into Ash- land Creek long after the last of the snow pack has melted. Presently, Reeder reservoir’s capacity is just barely sufficient to supply the City’s current water demands in a severe drought. With Ashland’s semi-arid climate that includes periodic multi-year droughts, a fixed reservoirs size, and growing wa- ter demands, it is clear that additional steps to in- sure a secure water supply are now necessary. There are two main ways of insuring a reliable water supply: either increase the supply by finding additional water sources or reduce the demand through water conservation strategies. The tradi- tional supply side solutions are economically and environmentally expensive. Demand side solu- tions are relatively inexpensive, although they re- quire changes in behavior and usage patterns. One of the main strategies for reducing water use are landscape designs that use less water. Ashland has adopted these guidelines in order to reduce the ASHLAND LAND USE ORDINANCE 18.4.4.030 18.4-69 amount of water wasted by many standard land- scaping practices. The advantages to standards like these are that they avoid the costs of increasing the water supply, and also avoid the draconian measure of manda- tory rationing. While standards limit plant materi- als, the choices offered by drought tolerant plants give ample opportunity to create beautiful land- scapes at no additional cost. The goal of these guidelines is to decrease water usage while encouraging attractive landscaping. Further, standards are aimed at reducing water and demand when it is most crucial, during the dry late summer months when water reserves are low. The following standards are intended to con- serve water while encouraging attractive landscap- ing. Further, requirements are aimed at reducing water demand when water is most scarce, during the dry late summer months when water reserves are low. 1. Landscaping Design Standards. a. Landscaping Coverage. Water conserv- ing designs shall have plant coverage of not less than 90 percent within five years of planting, but are not required to meet the standard of 50 percent coverage within one year. b. Plant Selection. At least 90 percent of plants in the non-turf areas shall be listed as drought tolerant in the Sunset Western Garden Book, the City’s Water-Wise Landscaping website, or be similarly well suited for the climate of this region as determined by the Staff Advisor. Up to ten percent of the plants may be of a non-drought tolerant variety or species as long as they are grouped together and are located in a separate irri- gation zone. c. Screening. Plant screening hedges to at- tain 50 percent coverage after two years. d. Mulch. Add a minimum of two inches of mulch in non-turf areas to the soil surface after planting, with the exception of within five feet of a building or deck where bark mulch and other com- bustible materials are not permitted per the Gen- eral Fuel Modification Area standards in section 18.3.10.100. Neither large nuggets nor fine bark may be used for mulch. Nonporous material shall not be placed under the mulch. e. Turf and Water Areas. Limit combined natural turf or water areas (i.e., pools, ponds, and fountains) to 20 percent of the landscaped areas. These limitations do not apply to parks, common open space, golf courses, cemeteries, and school recreation areas. f. Fountains. Design all fountains to recy- cle their water. g. Turf Location. Natural turf is restricted to slopes less than ten percent grade. h. Berms and Raised Beds. i. No more than five percent of land- scaped area of any lot or project may be berms or raised beds higher than one foot unless there is demonstrated need for sound or safety barrier. If allowed, berms must be no taller than one-sixth of their width. ii. All plantings on berms one foot or greater in height must be drought tolerant. iii. Only drip irrigation is allowed on berms more than one foot in height. i. Soil Quality. When new vegetation is planted, soils shall be amended for plant health and water absorption. Add mature compost at a rate of three cubic yards of compost per 1,000 square feet of area to be landscaped, and work soil and amendment(s) to a depth of four to six inches. This requirement may be waived for one or more of the following circumstances: i. The area to be landscaped is fenced off to fully protect native soil from disturbance and compaction during construction. ii. Soil tests document an organic con- tent of at least three percent based on a represen- tative core sample taken at a rate of one test per 20,000 square feet, based on a minimum of three core samples per test. Samples shall be taken at least 40 feet apart to a depth of six inches follow- ing attainment of rough grade. iii. The area to be landscaped will be used to capture and treat storm water runoff, and is subject to separate design standards. 2. Irrigation System Design Standards. Irri- gation plans are reviewed through a Ministerial process at the time of building permit submittals, and are subject to the following standards. a. Design sprinkler head spacing for head- to-head coverage. b. Design irrigation system to minimize runoff and overspray to non-irrigated areas. 18.4.4.030 LANDSCAPING, LIGHTING, AND SCREENING 18.4-70 18.4.4.040 18.4.4.050 c. Match precipitation rates for all irriga- tion heads for each circuit. d. Separate irrigation zones based on wa- ter needs of plantings and type of sprinklers being used (i.e., rotating, fixed spray, or drip). Plants with similar watering needs shall be in the same irrigation zone unless irrigated by drip irrigation having emitters sized for individual plant water needs. f. Use sprinkler heads with a precipitation rate of .85 inches per hour or less on slopes ex- ceeding 15 percent to minimize run-off, or when slope exceeds ten percent within ten feet of hard- scape. g. Serviceable check valves (or pressure compensating emitters for drip systems) are re- quired where an elevation difference greater than 20 feet exists on any circuit. h. Drip irrigation systems are required for trees unless within lawn areas. i. Equip all irrigation zones with pressure regulator valves (PRV) to meet the manufacturer’s recommended operating pressure for the compo- nents of each zone; except in those instances where a PRV is in place. PRV’s shall be located at the meter or solenoid valve. k. Automatic Sprinkler Controls. i. Equip all irrigation systems with a controller capable of dual or multiple programming. Controllers shall have a multiple start time capability, station run times in minutes to hours, and water days by interval, day of the week, and even/odd days. ii. Use controllers with a percent adjust (water budget) feature, or the capability of accept- ing an external rain or soil moisture sensor. 3. Exceptions. Requests to depart from the requirements of this section shall demonstrate that the water consumption for the project as a whole is equal to or less than what would occur if the stan- dards were strictly applied, in addition to meeting the criteria in 18.5.2.050.E Exception to the Site Development and Design Standards. J. Maintenance. All landscaping shall be maintained in good condition, or otherwise re- placed by the property owner; dead plants must be replaced within 180 days of discovery. Replace- ment planting consistent with an approved plan does not require separate City approval. (Ord. 3191 § 25, amended, 11/17/2020; Ord. 3158 § 6, amended, 09/18/2018; Ord. 3155 §§ 12, 13, amended, 07/17/2018) Recycling and Refuse Disposal Areas A. Recycling. All residential, commercial, and manufacturing developments that are subject to chapter 18.5.2 Site Design Review shall provide an opportunity-to-recycle site for use of the project occupants. 1. Residential. All newly constructed resi- dential units, either as part of an existing develop- ment or as a new development, shall provide an opportunity-to-recycle site in accord with the fol- lowing standards. a. Residential developments not sharing a common refuse receptacle shall provide an indi- vidual curbside recycling container for each dwelling unit in the development. b. Residential developments sharing a common refuse receptacle shall provide a site of equal or greater size adjacent to or with access comparable to the common refuse receptacle to ac- commodate materials collected by the local san- itary service franchisee under its residential on-route collection program for purposes of recy- cling. 2. Commercial. Commercial developments having a refuse receptacle shall provide a site of equal or greater size adjacent to or with access comparable to the refuse receptacle to accommo- date materials collected by the local sanitary ser- vice franchisee under its on-route collection program for purposes of recycling. B. Service Areas. Recycling and refuse dis- posal areas shall be located to provide truck access and shall not be placed within any required front yard or required landscape area. C. Screening. Recycle and refuse disposal area screening shall be provided pursuant to section 18.4.4.030.G.1. Outdoor Lighting A. Purpose. This section contains regulations requiring adequate levels of outdoor lighting while minimizing light spillover onto adjacent properties B. Applicability. All outdoor lighting is sub- ject to the requirements of this section. Where a proposed development is subject to Type I, Type ASHLAND LAND USE ORDINANCE 18.4.4.050 18.4-71 18.4.4.060 II, or Type III review, the approval authority may require specific lighting levels or limit lighting as a condition of approval to protect the public health, safety, and welfare. C. Standards. As a guideline, lighting levels shall be no greater than necessary to provide for pedestrian safety, property/business identification, and crime prevention. All outdoor lighting, except streetlights, shall comply with the following stan- dards. 1. Arrange and install artificial lighting so there is no direct illumination onto adjacent resi- dential properties. 2. Provide light poles no greater than 14 feet in height for pedestrian facilities. (Pedestal- or bol- lard-style lighting is an alternative method for illu- minating walkways located inside a development but not located in a public street right-of-way.) 3. Where a light standard is placed over a sidewalk or walkway, maintain a minimum verti- cal clearance of eight feet. 4. Install light fixtures where they will not obstruct public ways, driveways, or walkways. Where a light standard must be placed within a walkway, maintain an unobstructed pedestrian through zone per Americans with Disabilities Act (ADA) compliance. 5. Except as permitted for signs, direct out- door light fixtures downward and have full shield- ing to minimize excessive light spillover onto adjacent properties. 6. For streetlight requirements, see subsec- tion 18.4.6.040.D.18. D. Maintenance. Outdoor lighting shall be maintained in good condition, or otherwise re- placed by the property owner. Fences and Walls A. Permitting. Permits, granted through Min- isterial review, are required prior to installing any permanent fence or wall to ensure compliance with City standards. The property owner should obtain a property boundary survey where property boundaries are not otherwise identified. Where a development is subject to land use approval, the City may require installation of screening walls or fences as a condition of approval for development, as provided by other ordinance sections. A build- ing permit may be required for some fences and walls, pursuant to applicable building codes. B. Design Standards. Fences, walls, hedges, and screen planting shall meet the following stan- dards, where height is measured pursuant to sub- section 18.4.4.060.B.2, below. See Figure 18.4.4.060.B.1 for illustration of maximum fence heights. 1. Height. Fences, walls, hedges, and screen planting shall not exceed the following heights: a. Front Yard. In any required front yard, not more than three and one-half feet in height. b. Rear and Side Yard. In any rear or side yard, not more than six and one-half feet in height. c. Street-Side Yard. In any rear or side yard abutting a public street, except alleys, not more than four feet in height where located within ten feet of said street. d. Deer Fencing. See subsection 18.4.4.060.B.6, below. e. Open Space. See maximum fence heights for common open space in section 18.4.4.070, and for cottage housing in section 18.2.3.090. 18.4.4.060 LANDSCAPING, LIGHTING, AND SCREENING 18.4-72 Figure 18.4.4.060.B.1. Fence Heights by Yard 2. Height Measurement. The height of a fence is the vertical distance measured from the natural grade to the highest point of the fence, in- cluding the structural supports. a. Below-Grade Lots. On lots that are not generally level with the adjacent street, height may be measured from the top of the adjacent sidewalk or curb, or, where curbs are absent, from the crown of the adjacent street plus six inches. Figure 18.4.4.060.B.2.a. Below-Grade Lots b. Retaining Walls and Slopes. Where fences are built on top of retaining walls, or one lot is markedly higher than an adjacent lot, height shall be measured from the highest adjacent grade, except that the solar access of adjacent properties to the north shall be maintained in accordance with chapter 18.4.8 Solar Access. ASHLAND LAND USE ORDINANCE 18.4.4.060 18.4-73 Figure 18.4.4.060.B.2.b. Retaining Walls and Slopes 3. Location. a. Yard (Setbacks). Standard yard require- ments do not apply to fences and walls meeting the height requirements of this section; however fences and walls exceeding the height require- ments of this section shall meet yard requirements. All fences and walls shall comply with the vision clearance area requirements of section 18.2.4.040. Other provisions of this ordinance may limit al- lowable height of a fence or wall below the height limits of this section. b. Public Rights-of-Way. The construction of permanent structures is prohibited in the public right-of-way and associated setback areas of a fu- ture street or greenway. 4. Framework. The framework for newly constructed fences and walls shall face toward the property of the party who constructs the fence, ex- cept where fences are jointly constructed. 5. Restricted Materials. The use of barbed wire, razor wire, electrified wire, and similar secu- rity fencing materials shall be restricted as follows. a. Such materials shall not be located adja- cent to a sidewalk, a public way, or along the ad- joining property line of another person. b. Such materials shall not be erected or maintained at less than 6 ½ feet above grade. c. Such materials may be located in com- mercial, employment, or industrial lands if not vis- ible from the public right of way, or with approval from the Community Development Director on properties deemed to be hazardous or in need of additional security. 6. Deer Fencing. a. Deer fencing may be attached to a per- mitted front, side, or rear yard fence provided the area in excess of the allowable fence heights per this section is designed and constructed to provide a clear view through the fence. i. Within required front yards, at least 85 percent of the surface shall be unobstructed to both light and air when viewed perpendicular to the plane of the fence. ii. Within required side and rear yards, at least 80 percent of the surface shall be unob- structed to both light and air when viewed perpen- dicular to the plane of the fence. b. Deer fencing shall have a minimum height of 6 ½ feet and shall not exceed eight feet above grade. c. Permitted deer fencing materials may include, woven wire fencing, field fence, “hog panels”, wire strand, or polypropylene mesh net that is open and visible through the material. Within front yards all mesh material shall have a minimum open diameter of 1 ½ square inches. d. Deer fencing shall be supported by structural supports, or tension wires, that run along the top of the fence to prevent sagging. e. Chain link fences shall not be consid- ered to be deer fences under this section even if they meet the criteria above. 18.4.4.060 LANDSCAPING, LIGHTING, AND SCREENING 18.4-74 18.4.4.070 Figure 18.4.4.060.B.6.e. Chain Link Fences 7. Waterways, Riparian Areas, and Wetlands. Fences in and near waterways, riparian areas, and wetlands are shall conform to the fol- lowing standards. a. Waterways. Fences shall not be con- structed across any waterway or stream, or within any designated floodway identified on the official maps adopted pursuant to chapter 18.3.10 Physical and Environmental Constraints Overlay. b. Riparian Areas and Wetlands. Fences may be installed in the upland half of the stream bank protection zone, and in the wetland buffer identified on the official map adopted pursuant to chapter 18.3.11 Water Resources Protection Zones Overlay. Temporary tree protection fencing re- quired with development pursuant to chapter 18.4.5 is exempt from this requirement. c. Materials. Fences in floodways and wa- ter resource protection zones shall be limited to open wire, electric, or similar fencing material that will not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing. Solid wood fencing is prohibited in the Water Re- source Protection Zones. 8. Wildfire Lands Overlay. Fencing attached to a building or deck within the Wildfire Lands Overlay shall be made of noncombustible materi- als within five feet of the connection to the struc- ture. a. A fence with wood framing and steel mesh or other noncombustible infill panels shall be considered to comply with this section. b. A metal gate, a minimum of three feet in width, that is installed within a wood-framed fence immediately adjacent to a building or deck shall be considered to comply with this section. c. Existing wood fences that are to be retrofitted to attach to a new building, addition, or deck, subject to the General Fuel Modification Area standards per subsection 18.3.10.100.B, shall be retrofitted so the fence ends with a noncom- bustible material like masonry or metal to keep fire from spreading to the building or deck. d. Combustible fencing materials may be permitted within five feet of a building or deck when the Staff Advisor, in consultation with the Fire Code Official, has determined the portion of the structure adjoining the combustible material is constructed with ignition-resistant building mate- rials sufficient to reduce the spread of fire from the combustible fencing materials. C. Maintenance. Fences and walls shall be maintained in a safe condition. Fences shall not lean more than five percent from the vertical plane. (Ord. 3190 § 6, amended, 11/17/2020; Ord. 3158 § 7, amended, 09/18/2018) Open Space A. Required Area. Table 18.4.4.070.A con- tains the minimum areas when common or private open space is required by this ordinance. See defi- nition of open space in part 18.6. ASHLAND LAND USE ORDINANCE 18.4.4.070 18.4-75 Table 18.4.4.070.A. Minimum Area Required in Common or Private Open Space Minimum Total Area Required for Open Space Minimum Area Required for Common Open Space Maximum Area Allowed in Private Open Space Density Bonus Available for Common Open Space in Excess of Base Requirement 18.5.2, Site Design Review 8% of total lot area 4% of total lot area for developments with a base density of 10 units or more 4% of total lot area for developments with a base density of 10 units or more After 8% of total lot area is met 18.3.9, Performance Standards Option and PSO Overlay 5% of total lot area for developments with a base density of 10 units or more 5% of total lot area for developments with a base density of 10 units or more N/A, 5% of total lot area must be common open space After 5% of total lot area is met for developments with a based density of 10 units or more After 2% of total lot area for developments with less than 10 units 18.5.2, Site Design Review, and 18.3.9, Performance Standards Option and PSO Overlay 8% of total lot area 4% of total lot area for developments with a base density of 10 units or more 4% of total lot area for developments with a base density of 10 units or more After 8% of total lot area is met B. General Standards. 1. Common and Private Open Space. For de- velopments that are subject to chapter 18.5.2, Site Design Review, the required open space area may be met by combining common and private open spaces meeting the requirements of this section. 2. Density Calculation. All areas set aside for open space shall be counted for base density. The required open space is not subject to bonus point calculations. 3. Utilities. Areas occupied by utility vaults and pedestals shall not be counted in the required open space area. 4. Timing. a. Common Open Space. Common open space shall be constructed and landscaped prior to submission of the final plat or issuance of a building permit, whichever is later. The City may approve a final plat or building permit prior to completion of required common open space im- provements if the applicant provides a bond by a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a surety or financial institution acceptable to the City, cash, or other form of security acceptable to the City. Phased developments shall meet the requirements of subsection 18.3.9.040.A.4. b. Private Open Space. Private open space shall be constructed and landscaped prior to final occupancy of the respective dwelling unit. 5. Ownership and Maintenance. Common open space shall be set aside as common area for the use of residents of the development. Main- tenance of common open space shall be the re- 18.4.4.070 LANDSCAPING, LIGHTING, AND SCREENING 18.4-76 sponsibility of the property owner(s) or by an association of owners (i.e., homeowners’ associa- tion). C. Common Open Space. Common open space that is provided to meet the minimum re- quired open space area in subsection 18.4.4.070.A shall meet the following standards. See definition of common open space in part 18.6. 1. Dimensional Standards. Common open space shall have no dimension that is less than 20 feet and a minimum area of 400 square feet, except as described below. a. Pedestrian Connections. Walkways and multi-use paths shall contribute toward meeting the required common open space area when at least one common open space is provided that meets the dimensional standards in subsection 18.4.4.070.C.1, above. Pedestrian connections may be located within a required buffer or perime- ter yard area. Sidewalks in the public right-of-way (i.e., public street) and walkways providing access to individual units may not be counted towards this requirement. b. Natural Features. Common open space may include areas that provide for the preservation or enhancement of natural features that meet the requirements of this section and the definition of common open space. See definition of common open space in part 18.6. Natural features located in common open space shall be counted toward meeting common open space requirements. Nat- ural features may be located within a required buffer or perimeter yard area. 2. Location. Common open space shall not be located within a required yard abutting a street, except for pedestrian connections and natural fea- tures as provided in subsection 18.4.4.070.C.1, above. 3. Slope. Common open space designed for active use, such as lawn and picnic areas, shall be located on slopes less than five percent, except for areas regulated by the Building Code (e.g., walk- ways). Natural features designed for passive use, such as riparian corridors and wetlands, may be lo- cated on slopes greater than five percent. 4. Improvements. a. Structures. Common open space may include structures and outdoor furniture typically associated with outdoor recreation such as decks, gazebos, arbors, benches, and tables. Structures lo- cated in common open space shall be unenclosed and uninhabitable. Unenclosed for the purpose of this subsection means 50 percent or more of the walls are 42 inches in height or less, but the struc- ture may be covered. b. Fences and Walls. Fences, walls, hedges, and screen planting that are located on the perimeter of common open space shall not ex- ceed four feet in height, except that fences in front yards and on the perimeter of the development shall meet the fence height requirements of sec- tion 18.4.4.060. This requirement shall not apply to fences located on properties adjoining but not located within a proposed development. See sec- tion 18.4.4.060, Fences and Walls, for fence per- mit and design standard requirements. c. Landscaping. Common open space shall be landscaped in accordance with section 18.4.4.030, Landscaping and Screening, except for natural features as provided in subsection 18.4.4.070.C.1, above. 5. R-2 and R-3 Zones. In addition to the stan- dards in subsection 18.4.4.070.C, above, common open space in the R-2 and R-3 zones shall meet the following requirements: a. Surfacing. A minimum of 50 percent of the common open space must be covered in suitable surfaces for human use, such as lawn ar- eas, durable lawn alternatives, recreational fields, or courts. Up to 50 percent of the common open space may be covered by shrubs, mulch, and other groundcovers that do not provide suitable surfaces for human use if the area is usable for the intended residents, such as community gardens or a natural feature with benches and walking paths. b. Play Areas. Play areas for children are required for projects of greater than 20 units that are designed to include families. Play areas are el- igible for common open space. c. Credit for Proximity to a Park. A credit of up to 50 percent for common open space may be granted when the development is located within one-eighth of a mile walking distance of an exist- ing public park. Distance from the development to the park shall be measured from the lot line via a sidewalk, multi-use path or pedestrian way located in a public right-of-way or public pedestrian ease- ment. ASHLAND LAND USE ORDINANCE 18.4.4.070 18.4-77 Figure 18.4.4.070.C. Common Open Space D. Private Open Space. Private open space that is provided to meet the minimum required open space area in subsection 18.4.4.070.A shall meet the following standards. See definition of pri- vate open space in part 18.6. 1. Eligible Spaces. Decks, patios, porches, balconies, side and rear yards, and similar areas are eligible for private open space. a. Access. Private open space shall be di- rectly accessible by a door from the interior of the individual dwelling unit served by the space. b. Walkways and Storage Space. The min- imum area required for private open space shall not include area for ingress and egress to a ground- floor dwelling unit (e.g., walkway to dwelling unit door) or storage space (storage or bicycle rack). The ingress and egress area shall be measured as 36 inches in width and the length of the pedestrian route. 2. Ground-Floor Dwelling Units. Decks, pa- tios, porches, or yards shall be at least six feet deep and measuring at least 48 square feet. Ground- floor private open space shall not be located within 12 feet of recycling and refuse disposal areas. See definition of ground-floor dwelling unit in part 18.6. 3. Upper-Floor Dwelling Units. Balconies shall be at least six feet deep and measuring at least 48 square feet. See definition of upper-floor dwelling unit in part 18.6. 18.4.4.070 LANDSCAPING, LIGHTING, AND SCREENING 18.4-78 Figure 18.4.4.070.D. Private Open Space (Ord. 3190 § 7, added, 11/17/2020) ASHLAND LAND USE ORDINANCE 18.4.4.070 18.4-79 18.4.5.010 18.4.5.020 18.4.5.030 18.4.5.040 18.4.5.050 18.4.5.060 18.4.5.010 18.4.5.020 18.4.5.030 Chapter 18.4.5 TREE PRESERVATION AND PROTECTION Sections: Purpose. Applicability. Tree Protection. Performance Security. Verification Permit. Heritage Trees. Purpose Chapter 18.4.5 contains requirements for tree preservation and protection. The regulations are intended to reduce development impacts by pre- serving healthy trees for soil stability, noise buffer- ing, wind protection, temperature mitigation, and wildlife habitat, as well as for the contribution to the character and beauty of Ashland. Applicability A. Chapter 18.4.5 applies to developments re- quiring a Type I, Type II, or Type III planning ac- tion. B. No person who is required to install or main- tain tree protection measures pursuant to this chap- ter shall do any development activities, including but not limited to clearing, grading, excavation, or demolition work, on a property or site which requires a planning action without approved tree protection measures properly installed and main- tained pursuant to this chapter. C. Tree Removal. All tree removal and top- ping activities shall be carried out in accordance with the requirements of chapter 18.5.7 Tree Re- moval Permits. Tree Protection A. Tree Protection Plan. A tree protection plan shall be approved by the Staff Advisor con- current with applications for Type I, Type II, and Type III planning actions. If tree removal is pro- posed, a Tree Removal Permit pursuant to chapter 18.5.7 may be required. B. Tree Protection Plan Submission Requirements. In order to obtain approval of a tree protection plan, an applicant shall submit a plan to the City, which clearly depicts all trees to be preserved and/or removed on the site. The plan must be drawn to scale and include the following: 1. Location, species, and diameter of each tree on site and within 15 feet of the site. 2. Location of the drip line of each tree. 3. An inventory of the health and hazard of each tree on site, and recommendations for treat- ment for each tree. 4. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements. 5. Location of dry wells, drain lines and soakage trenches. 6. Location of proposed and existing struc- tures. 7. Grade change or cut and fill during or after construction. 8. Existing and proposed impervious sur- faces. 9. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan. 10. Location and type of tree protection mea- sures to be installed per section 18.4.5.030.C. C. Tree Protection Measures Required. 1. Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten feet apart, shall be installed at the edge of the tree pro- tection zone or dripline, whichever is greater, and at the boundary of any common or public open space, riparian areas, or conservation easements that abut the parcel being developed. 2. The fencing shall be flush with the initial undisturbed grade. 3. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff Advisor for the project. 4. No construction activity shall occur within the tree protection zone, including, but not limited to, dumping or storage of materials such as build- ing supplies, soil, waste items, equipment, or parked vehicles. 5. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, and con- struction debris or run-off. 18.4.5.010 TREE PRESERVATION AND PROTECTION 18.4-80 18.4.5.040 18.4.5.050 18.4.5.060 6. No excavation, trenching, grading, root pruning, or other activity shall occur within the tree protection zone unless approved by the Staff Advisor. 7. Except as otherwise determined by the Staff Advisor, all required tree protection mea- sures set forth in this section shall be instituted prior to any development activities, including but not limited to clearing, grading, excavation, or de- molition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation. D. Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the City has in- spected and approved the installation of the re- quired tree protection measures and a building and/or grading permit has been issued by the City. (Ord. 3191 § 26, amended, 11/17/2020) Performance Security The City may require the permittee to post with the City a bond, or other suitable collateral as de- termined by the City Manager, ensuring the sat- isfactory completion and maintenance of the tree protection plan. Suitable collateral may be in the form of letters of credit, certificates of deposit, cash bond, or bonds issued by an insurance com- pany legally doing business in the State of Oregon. (Ord. 3192 § 120, amended, 11/17/2020) Verification Permit A. If a site has received development approval through a planning action consistent with the stan- dards of this chapter, then a Verification Permit shall be required for those trees approved for re- moval through that process. To obtain a Verifica- tion Permit, an applicant must clearly identify on the property the trees to be removed by tying pink tagging tape around each tree and submitting a site plan indicating the location of the requested trees. Vegetation four- to six-inches DBH that is to be removed shall also be marked with pink tagging tape. The Staff Advisor may require the building footprint of the development to be staked to al- low for accurate verification of the permit appli- cation. The Staff Advisor will then verify that the requested trees match the site plan approved with the planning action. The City shall require the ap- plicant to mitigate for the removal of each tree, pursuant to section 18.5.7.050. Such mitigation re- quirements shall be a condition of approval of the original development permit. B. Verification Permits shall be required prior to the issuance of an excavation permit or building permit and prior to any site disturbance and/or storage of materials on the subject property. Heritage Trees A. The City recognizes that specific trees in Ashland are deserving of special status due to dis- tinctive form, size, age, location, species, unique qualities, or historical significance. B. Any person may nominate, with the written consent of the property owner, a mature tree for consideration as a Heritage Tree. This nomination shall include all information necessary for eval- uation based on the items described in section 18.4.5.050.A, above. The Tree Commission shall review all nominations and shall make a written final recommendation to the City Council. The Council shall review the recommendation and make the final determination for Heritage Tree sta- tus. C. Should the City Council approve the nomi- nation, the tree shall be included on the Heritage Tree list adopted by resolution of the City Council. The property owner shall be notified of the Coun- cil's action. D. Once designated, a Heritage Tree shall be subject to the applicable provisions of this ordi- nance. E. A Heritage Tree may be removed from the list by the City Council upon its own motion, or the City shall remove a Heritage Tree from the list upon written request by the property owner. A request by the owner must state the reasons for removal from the list and be filed with the City Recorder. The City Recorder shall then remove the Heritage Tree from the list and cause to be filed with the county recording office a quitclaim deed quitclaiming any interest of the City resulting from the listing. ASHLAND LAND USE ORDINANCE 18.4.5.060 18.4-81 18.4.6.010 18.4.6.020 18.4.6.030 18.4.6.040 18.4.6.050 18.4.6.060 18.4.6.070 18.4.6.080 18.4.6.090 18.4.6.010 18.4.6.020 18.4.6.030 Chapter 18.4.6 PUBLIC FACILITIES Sections: Purpose. Applicability. General Requirements. Street Design Standards. Street and Greenway Dedications. Public Use Areas. Sanitary Sewer and Water Service Improvements. Storm Drainage and Surface Water Management Facilities. Utilities. Purpose A. Purpose. The standards of this chapter im- plement the public facility policies of the Compre- hensive Plan. Applicability A. Applicability. This chapter applies to all new development and planning actions requiring a Type I, Type II, or Type III review procedure where public facility improvements are required. All public facility improvements within the City shall occur in accordance with the standards and procedures of this chapter. B. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to chapter 18.5.5, Variances, except that deviations from section 18.4.6.040, Street Design Standards, are subject to subsection B.1, Excep- tion to the Street Design Standards, below. 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the street design standards in section 18.4.6.040 if the circumstances in either subsection B.1.a or b, below, are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site; and the exception is the minimum necessary to alleviate the difficulty; and the exception is consistent with the purpose, intent, and background of the street design standards in subsection 18.4.6.040.A; and the exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable: i. For transit facilities and related im- provements, access, wait time, and ride experi- ence. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safely and efficiently cross roadway; or b. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purposes, intent, and background of the street design standards in sub- section 18.4.6.040.A. (Ord. 3204 § 2, amended, 12/21/2021) General Requirements A. Public Improvement Requirement. No building permit may be issued until all required public facility improvements are installed in ac- cordance with the approved design, approved by the City Engineer, or a financial guarantee is pro- vided pursuant to 18.4.6.030.E, below. B. Waiver of Right to Remonstrate and Consent to Participate in Costs of Improvements. Whenever a request is made for a building permit which involves new construction of a new residential unit and/or any request involv- ing a planning action which would increase traffic flow on any street not fully improved, the appli- cant is required to legally agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with re- spect to the owners agreeing to participate in the costs of full street improvements and to not re- monstrate to the formation of a local improvement district, to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the under- grounding of utilities. This requirement is a con- dition prior to the issuance of a building permit or the granting of approval of a planning action and if the owner declines to so agree, then the build- ing permit and/or planning action shall be denied. This shall not require paving of alleys, and shall 18.4.6.010 PUBLIC FACILITIES 18.4-82 18.4.6.040 not be construed as waiving property owners rights to present their views during a public hearing held by the City Council. C. Permit Approval. No development of pub- lic facilities and no development within a public right-of-way shall be undertaken without plans ap- proved by the City, permit fees paid, and permits issued. Permit fees are as established by resolution of the City Council. D. Easements. The developer shall make arrangements with the City and applicable utility providers for each utility franchise for the pro- vision and dedication of easements necessary to maintain public facilities and utilities. Utility ease- ments shall additionally conform to the require- ments of the utility service provider. All easements for sewers, storm drainage and water quality facil- ities, water mains, electric lines, or other utilities shall be recorded and referenced on a survey or fi- nal plat, as applicable. See chapter 18.5.2 Site De- sign Review, and chapter 18.5.3 Land Divisions. E. Performance Guarantee Required. The City may approve a final plat or building permit prior to completion of required public improve- ments when it determines that enough of the public improvements required for the site development or land division, or phase thereof, are complete and the applicant has an acceptable assurance for the balance of said improvements. The applicant shall provide a bond issued by a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a surety or financial institution ac- ceptable to the City, cash, or other form of security acceptable to the City. F. Determination of Sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engi- neering and incidental expenses, plus reasonable inflationary costs. G. Agreement. Where improvements are re- quired pursuant to this section, a signed and recorded agreement between the City and the sub- divider or developer, as applicable, shall contain, at a minimum, all of the following. 1. The period within which all required im- provements and repairs shall be completed. 2. A provision that if work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. 3. The improvement fees and deposits that are required. 4. As applicable, a provision for the con- struction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. H. Failure to Perform. In the event the subdi- vider or developer, as applicable, fails to carry out all provisions of an agreement required by this sec- tion, and the City has unreimbursed costs or ex- penses resulting from such failure, the City shall call on the bond, cash deposit or letter of credit for reimbursement. Street Design Standards A. Purpose, Intent, and Background. 1. Purpose. This section contains standards for street connectivity and design as well as cross sections for street improvements. The standards are intended to provide multiple transportation op- tions, focus on a safe environment for all users, design streets as public spaces, and enhance the livability of neighborhoods, consistent with the Comprehensive Plan. 2. Intent. Ashland’s streets are some of the most important public spaces in the community. The Street Design Standards outline the art and science of developing healthy, livable streets, and are intended to illustrate current standards for planning and designing the streets of Ashland. The standards are to be used in the development of new streets, and reconstruction of existing streets or portions thereof (i.e. improving a paved local street by adding sidewalks). The standards area also intended as a resource for use by home builders, developers, and community members in the pursuit of quality development practices. A series of street types is offered including the multi-use path, alley, neighborhood street, commercial neighborhood street, neighborhood collector, commercial neighborhood collector, av- enue, and boulevard. Street cross sections provide a model for building streets the traditional way. Variations can be made from these basic types to fit the particular site and situation. However, the measurements of each street component must be used to create and maintain the desired low-speed environment where people feel comfortable and ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-83 the maximum number of people walk, bicycle and use transit. All streets in Ashland shall be designed using the following assumptions. •All designs encourage pedestrian and bi- cycle travel. •Neighborhood streets (Neighborhood Collectors and Neighborhood Streets) are de- signed for 20 mile-per-hour (mph). •All new streets and alleys are paved. •All streets have standard vertical, non- mountable curbs. •Gutter widths are included as part of the curb-to-curb street width. •New avenues and boulevards have bicy- cle lanes. •Parkrow and sidewalk widths do not in- clude the curb. •Sidewalks are shaded by trees for pedes- trian comfort. •All streets have parkrows and sidewalks on both sides. In certain situations where the phys- ical features of the land create severe constraints, or natural features should be preserved, exceptions may be made. Exceptions could result in construc- tion of meandering sidewalks, sidewalks on only one side of the street, or curbside sidewalk seg- ments instead of setback walks. Exceptions should be allowed when physical conditions exist that preclude development of a public street, or com- ponents of the street. Such conditions may include, but are not limited to, topography, wetlands, ma- ture trees, creeks, drainages, rock outcroppings, and limited right-of-way when improving streets through a local improvement district (LID). •Parkrows and medians are usually land- scaped. •Garages are set back from the sidewalk so parked vehicles are clear of sidewalks. •Building set backs and heights create a sense of enclosure. 3. Background. The City updated the street design standards to reflect traditional street design principles and implement the goals and policies of the Transportation Element of the Comprehensive Plan. The Street Design Standards were adopted by the City Council on February 2, 1999 (Ordi- nance No. 2836), and amended on July 1, 2008 (Ordinance No. 2959). B. Applicability. The following standards ap- ply to all street improvements, including new streets, alleys and pathways, and the extension or widening of existing streets. The street connectiv- ity and design standards are part of the Ashland Land Use Ordinance and are approval standards that will be used in land use decisions and for street construction projects. C. General Requirements. New and recon- structed streets, alleys, and pathways shall con- form to the following requirements. 1. Dedicated Public Streets Required. All streets serving four units or greater, and which are in an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of this section. 2. Location. Locate transportation facilities, such as streets, pedestrian and bicycle ways, and transit facilities, within public rights-of-way, ex- cept that the approval authority may approve trans- portation facilities outside a public right-of-way where a public access easement is provided. 3. Dead End Streets. No dead end street shall exceed 500 feet in length, not including the turn- around. Dead end roads must terminate in an im- proved turnaround as illustrated in Figure 18.4.6.040.G.5. 4. Obstructed Streets. Creating an obstructed street is prohibited. 5. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows. a. Street and private drive grades in de- velopments subject to chapter 18.3.9 Performance Standards Option Overlay shall not exceed a max- imum grade of 15 percent. b. Street and private drive grades in de- velopments subject to chapter 18.3.9 Performance Standards Option Overlay shall not exceed a max- imum grade of 15 percent. No variance may be granted to this section for public streets. Variances may be granted for private drives for grades in ex- cess of 15 percent but not greater than 18 percent for no more than 200 feet subject to chapter 18.5.5 Variances. D. Required Street Layout and Design Principles. Streets are important elements of the form, character, and identity of Ashland and its neighborhoods. Traditional neighborhood design 18.4.6.040 PUBLIC FACILITIES 18.4-84 is used as the basis for the Street Design Standards because it creates street that provide multiple transportation options, focuses on a safe environ- ment for all users, treats streets as public spaces, and enhances the livability of the neighborhoods. As a result, street layout and design are an integral part of neighborhood design. Therefore, the fol- lowing principles shall be used for the planning and designing of streets. 1. Specificity. Design streets individually and molded to the particular situation at hand by a multi-disciplinary team. Planners, engineers, ar- chitects, emergency responders, utility providers, landscape architects, as well as the developer and neighborhood or homeowners association groups should be included in street design teams. The fol- lowing conditions (existing and projected) must be considered in order to design each street. a. The volume of pedestrian, bicycle, and motor vehicle traffic each day and at peak hours. b. The speeds of motor vehicles, bicycles, and pedestrians along the street as designed or re- designed. c. The mix of pedestrian, bicycle, and mo- tor vehicle traffic (including percentage of large trucks). d. The zoning and surrounding future land uses (assess pedestrian, bicycle, and transit gen- erators and attractors such as schools, shopping areas, community buildings, parks, churches, and gathering places). e. The natural features of the area such as slope, mature trees, creeks, wetlands, etc. f. The adjacent building setbacks with re- spect to the street. g. Whether adjacent properties will be ser- viced directly from the street, or from alleys. h. The function of the street and relation to the surrounding street network. 2. Emergency Vehicles. Design streets to ef- ficiently and safely accommodate emergency fire and medical services vehicles. The effects of de- cisions concerning turning radii and paths must be made with a full understanding of the implications of such decisions on the other users of the street. 3. Shared Street Space. On neighborhood streets with relatively low average daily traffic (ADT), use the curb-to-curb area on neighborhood streets as a shared space by moving automobiles, parked cars, and bicycles. 4. Human Scale. Design streets at the human scale. Human scale is the relationship between the dimensions of the human body and the proportion of the spaces that people use. Those areas that provide visually interesting details, create oppor- tunities for interactions, and feel comfortable to pedestrians moving at slow travel speed are de- signed at a human scale. 5. Streetscape. Consider the entire area from building face to building face, or the streetscape in street design. The streetscape begins at the front of a vertical element, such as a building or fence on one side of a street and runs to the front of a build- ing on the other side of the street. It is a three di- mensional area running the length of the street. 6. Connectivity. Streets should be intercon- nected. Cul-de-sacs and other dead-end streets are not typical of grid street networks except in areas where topographic, wetland, and other physical features preclude connection. Where extreme con- ditions prevent a street connection, a continuous nonautomotive connection in the form of a multi- use path or trail shall be provided. See subsection 18.4.6.040.E Connectivity Standards. 7. Multiple Routes. Layout streets using a grid or modified grid network pattern to provide multiple routes. See subsection 18.4.6.040.E Con- nectivity Standards. 8. Pedestrians, Bicyclists, and Public Transportation Users. Pedestrians, bicyclists, and bus riders are considered primary users of all streets. Design streets to meet the needs of pedes- trians and bicyclists, thus encouraging walking, bicycling, and riding the bus as transportation modes. Integrate pedestrian, bicycle, and public transportation considerations from the beginning of the design process. 9. Driveway Aprons and Curb Cuts. Mini- mize the number of driveway aprons and curb cuts to enhance the pedestrian environment and main- tain vehicular, pedestrian, and bicycle capacity. See subsection 18.4.3.080.D Driveways and Turn- Around Design. 10. Access to Activity Centers. Provide con- venient access to and from activity centers such as schools, commercial areas, parks, employment centers, and other major attractors. ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-85 11. Vista Terminations. Consider important sites at the end of streets and learn what civic buildings or public spaces may be needed for a particular area. The focus of vista terminations may include buildings, plazas, parks, or a notable view. New subdivision design should provide for vista termination in street layout. 12. Pavement Area. Minimize the pavement area of neighborhood streets, consistent with ef- forts to reduce street construction and maintenance costs, storm water runoff, and negative environ- mental impacts. Narrower streets also distinguish neighborhood streets from boulevards and av- enues, and enhance neighborhood character. 13. Peak Run-Off. Where appropriate, use the local street system and its infrastructure to re- duce peak storm water run-off into the city’s storm drain system and natural water systems down- stream, and provide biological and mechanical treatment of storm water runoff. 14. Preservation of Natural Features. Design neighborhood streets to be responsive to physical features, and to avoid or minimize impacts to nat- ural features and water-related resources. See sub- sections 18.4.6.040.E Connectivity Standards and 18.4.6.040.I Hillside Streets and Natural Areas. 15. Neighborhood Street Volumes. Design neighborhood streets to carry traffic volumes at low speeds. Neighborhood streets should function safely while reducing the need for extensive traffic regulations, control devices, and enforcement. 16. Cut-Through Traffic. The neighborhood street should be designed to reduce continuous cut- through, non-local traffic on neighborhood streets. 17. Street Trees. Plant street trees on neigh- borhood streets to buffer pedestrians and adjacent land uses from traffic, enhance street image and neighborhood character, calm motor vehicle traffic speeds, and enhance neighborhood identity or sense of place. Trees planted in the parkrow, along the sidewalk, or anywhere in the public right-of- way must be from the Ashland Recommended Street Tree Guide. 18. Street Lights. Install or relocate street- lights with street improvement projects. Use pedestrian scale and styles of poles that match the neighborhood. Spacing of light poles should be de- termined by the adjacent land uses. Place lighting at frequent intervals in busy retail and commercial areas, but lighting may be limited to intersections in residential areas. In some instances, building or fence-mounted lighting may replace the need for additional street lighting. Lighting elements should provide full-spectrum light so that colors at night are realistic. Install streetlights where they will not obstruct public ways, driveways, or walk- ways. Where a streetlight must be placed within a walkway, maintain an unobstructed pedestrian through zone per Americans with Disabilities Act (ADA) compliance. Streetlights shall conform to City specifications. 19. Street Furniture. Street furniture includes pedestrian amenities such as benches, flower pots, sculptures, and other public art, low walls for sit- ting and drinking fountains. Provide benches in re- tail and commercial areas, along frequently used pedestrian corridors (i.e., routes over one-quarter of a mile to schools, parks, shopping, etc.), and at bus stops. Provide trash receptacles in pedestrian sitting areas. 20. Curbs. Use a standard, vertical six-inch high curb on improved streets. Rolled or mount- able curbs should not be used because they do not create an effective safety barrier, channel storm water, or prevent automobiles from parking on the parkrow and sidewalk. The horizontal curb surface is not included in the parkrow or sidewalk width. 21. Transit Routes and Stops. Design streets identified as future transit routes to safely and ef- ficiently accommodate transit vehicles. Transit stops should include amenities, such as but not limited to a bench, shelter from the elements, a posted schedule, bicycle parking, and water foun- tains. Such amenities encourage combination trips such as walking or bicycling to the bus stop and vice-versa at the destination. 22. Street Names. Street names shall meet the criteria and be processed in accordance with AMC 13.24. 23. Street Signs. Traffic control and sign placement shall be approved by the City. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. No- parking signs shall be consistent with the Street Design Standards in section 18.4.6.040 and the street design approved with the development by the approval authority. 18.4.6.040 PUBLIC FACILITIES 18.4-86 E. Connectivity Standards. New and recon- structed streets, alleys, and pathways shall con- form to the following connectivity standards, and the Street Dedication Map: 1. Interconnection. Streets shall be intercon- nected to reduce travel distance, promote the use of alternative modes, provide for efficient provi- sion of utilities and emergency services, and pro- vide multiple travel routes. In certain situations where the physical features of the land create se- vere constraints, or natural features should be pre- served, exceptions may be made. Such conditions may include, but are not limited to, topography, wetlands, mature trees, creeks, drainages, and rock outcroppings. See also subsection 18.4.6.040.I, Hillside Streets and Natural Areas. 2. Connectivity to Abutting Lands. Design streets to connect to existing, proposed, and planned streets adjacent to the development, un- less prevented by environmental or topographical constraints or existing development patterns. Where the locations of planned streets are shown on the Street Dedication Map, the development shall implement the street(s) shown on the plan pursuant to chapter 18.4.6. Wherever a proposed development abuts vacant, redevelopable, or a fu- ture development phase, provide street stubs to al- low access to logically extend the street system into the surrounding area. Provide turnarounds at street ends constructed to Uniform Fire Code stan- dards, as the City deems applicable. Design street ends to facilitate future extension in terms of grad- ing, width, and temporary barricades. 3. Efficient Land Use. Street layout shall per- mit and encourage efficient lot layout and attain- ment of planned densities. 4. Integration With Major Streets. Integrate neighborhood circulation systems and land devel- opment patterns with boulevards and avenues, which are designed to accommodate heavier traffic volumes. Locate and design streets to intersect as nearly as possible to a right angle. 5. Alleys. The use of the alley is recom- mended, where possible. Alleys can contribute positively to the form of the street and have many advantages including: alleys allow more positive streetscapes with front yards used for landscaping rather than for front yard driveways; alleys can create a positive neighborhood space where the sidewalk feels more safe and inviting for pedes- trians, neighbors socializing, and children playing; when the garage is located in rear yards off the alley, interesting opportunities arise for creating inviting exterior rooms using the garage as a pri- vacy wall and divider of space; alleys enhance the grid street network and provides midblock connec- tions for non-motorists; alleys provide rear yard access and delivery; and provide alternative utility locations and service areas 6. Preserving Natural Features. Locate and design streets to preserve natural features to the greatest extent feasible. Whenever possible, street alignments shall follow natural contours and fea- tures so that visual and physical access to the nat- ural feature is provided. Situate streets between natural features, such as creeks, mature trees, drainages, common or public open spaces, and in- dividual parcels in order to appropriately incorpo- rate such significant neighborhood features. The City may approve adjustments to the street design standards in order to preserve natural features, per subsection 18.4.6.040.I, Hillside Streets and Nat- ural Areas. 7. Physical Site Constraints. In certain situa- tions where the physical features of the land cre- ate severe constraints adjustments may be made. Such conditions may include, but are not limited to, topography, wetlands, mature trees, creeks, drainages, and rock outcroppings. See subsection 18.4.6.040.I, Hillside Streets and Natural Areas. 8. Off-Street Connections. Connect off-street pathways to the street network and use to provide pedestrian and bicycle access in situations where a street is not feasible. In cases where a street is feasible, off-street pathways shall not be permitted in lieu of a traditional street with sidewalks. How- ever, off-street pathways are permitted in addition to traditional streets with sidewalks in any situa- tion. 9. Walkable Neighborhoods. Size neighbor- hoods in walkable increments, with block lengths meeting the following requirements: a. The layout of streets shall not create ex- cessive travel lengths. Block lengths shall be a maximum of 300 to 400 feet and block perimeters shall be a maximum of 1,200 to 1,600 feet. ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-87 b. An exception to the block length stan- dard may be permitted when one or more of the following conditions exist: i. Physical conditions that preclude de- velopment of a public street. In certain situations where the physical features of the land create se- vere constraints, or natural features should be pre- served, exceptions may be made. Such conditions may include, but are not limited to, topography, wetlands, mature trees, creeks, drainages, and rock outcroppings. See subsection 18.4.6.040.I, Hill- side Streets and Natural Areas. ii. Buildings or other existing develop- ment on adjacent lands, including previously sub- divided but vacant lots or parcels, preclude a connection now or in the future considering the potential for redevelopment. iii. Where an existing public street or streets terminating at the boundary of the devel- opment site have a block length exceeding 600 feet, or are situated such that the extension of the street(s) into the development site would create a block length exceeding 600 feet. In such cases, the block length shall be as close to 600 feet as practi- cal. c. When block lengths exceed 400 feet, use the following measures to provide connections and route options for short trips: i. Where extreme conditions preclude street connections, continuous nonautomotive connection shall be provided with a multi-use path. Off-street pathways shall not be used in lieu of a traditional street with sidewalks in cases where extreme conditions do not exist. ii. Introduce a pocket park or plaza area with the street diverted around it. iii. At the mid-block point, create a short median with trees or use other traffic calming devices to slow traffic, break up street lengths, and provide pedestrian refuge. 10. Traffic Calming. Traffic calming fea- tures, such as traffic circles, curb extensions, re- duced street width (parking on one side), medians with pedestrian refuges, speed table, and or special paving may be required to slow traffic in areas with high pedestrian traffic. F. Design Standards. A description of street design standards for each street classification fol- lows in Table 18.4.6.040.F and subsection 18.4.6.040.G. All elements listed are required un- less specifically noted, and dimensions and ranges represent minimum standard or ranges for the im- provements shown. The approval authority may require a dimension within a specified range based upon intensity of land use, existing and projected traffic and pedestrian volumes, or when supported through other applicable approval standards. The approval authority may approve dimensions and ranges greater than those proposed by an appli- cant. 18.4.6.040 PUBLIC FACILITIES 18.4-88 Ta b l e 1 8 . 4 . 6 . 0 4 0 . F . Ci t y o f A s h l a n d S t r e e t D e s i g n S t a n d a r d s TY P E O F ST R E E T AV E R A G E DA I L Y TR I P S (A D T ) RI G H T - OF - W A Y WI D T H CU R B - T O - CU R B PA V E M E N T WI D T H WI T H I N C U R B - T O - C U R B A R E A CU R B on bo t h si d e s PA R K - RO W on bo t h si d e s SI D E - WA L K S on bo t h si d e s MO T O R VE H I C L E TR A V E L LA N E S ME D I A N AN D / O R CE N T E R TU R N LA N E BI K E LA N E S on bo t h si d e s PA R K I N G 2- L a n e B o u l e v a r d 8, 0 0 0 t o 61 ' - 8 7 ' 34 ' 1 1' no n e 6' 8'- 9 ' 6" 5' - 8 ' 1 6' - 1 0 ' 2 3- L a n e B o u l e v a r d 30 , 0 0 0 73 ' - 9 9 ' 46 ' 1 1' 12 ' 6' 8'- 9 ' 6" 5' - 8 ' 1 6' - 1 0 ' 2 5- L a n e B o u l e v a r d 95 ' - 1 2 1 ' 68 ' 1 1' 12 ' 6' 8'- 9 ' 6" 5' - 8 ' 1 6' - 1 0 ' 2 2- L a n e A ve n u e 3, 0 0 0 t o 59 ' - 8 6 ' 32 ' - 3 3 ' 10 ' - 1 0 . 5 ' no n e 6' 8'- 9 ' 6" 5' - 8 ' 1 6' - 1 0 ' 2 3- L a n e A ve n u e 10 , 0 0 0 70 . 5 ' - 9 7 . 5 ' 43 . 5 ' - 4 4 . 5 ' 10 ' - 1 0 . 5 ' 1 1. 5 ' 6' 8'- 9 ' 6" 5' - 8 ' 1 6' - 1 0 ' 2 Ne i g h b o r h o o d Co l l e c t o r , Re s i d e n t i a l 1, 5 0 0 t o 5, 0 0 0 NA NA 3 No P a r k i n g 49 ' - 5 1 ' 22 ' 1 1' no n e 6" 8' 5' - 6 ' Pa r k i n g O n e S i d e 50 ' - 5 6 ' 25 ' - 2 7 ' 9' - 1 0 ' 7' 6" 7' - 8 ' 5' - 6 ' Pa r k i n g B o t h S i d e s 57 ' - 6 3 ' 32 ' - 3 4 ' 9' - 1 0 ' 7' 6" 7' - 8 ' 5' - 6 ' Ne i g h b o r h o o d Co l l e c t o r , Co m m e r c i a l Pa r a l l e l P a r k i n g O n e Si d e 55 ' - 6 5 ' 28 ' 10 ' 8' 6" 5' - 8 ' 1 8' - 1 0 ' 2 Pa r a l l e l P a r k i n g Bo t h S i d e s 63 ' - 7 3 ' 36 ' 10 ' 8' 6" 5' - 8 ' 1 8' - 1 0 ' 2 ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-89 Ta b l e 1 8 . 4 . 6 . 0 4 0 . F . Ci t y o f A s h l a n d S t r e e t D e s i g n S t a n d a r d s ( c o n t i n u e d ) TY P E O F ST R E E T AV E R A G E DA I L Y TR I P S (A D T ) RI G H T - OF - W A Y WI D T H CU R B - T O - CU R B PA V E M E N T WI D T H WI T H I N C U R B - T O - C U R B A R E A CU R B on bo t h si d e s PA R K - RO W on bo t h si d e s SI D E - WA L K S on bo t h si d e s MO T O R VE H I C L E TR A V E L LA N E S ME D I A N AN D / O R CE N T E R TU R N LA N E BI K E LA N E S on bo t h si d e s PA R K I N G Di a g o n a l P a r k i n g On e S i d e 65 ' - 7 4 ' 37 ' 10 ' 17 ' 6" 5' - 8 ' 1 8' - 1 0 ' 2 Di a g o n a l P a r k i n g Bo t h S i d e s 81 ' - 9 1 ' 54 ' 10 ' 17 ' 6" 5' - 8 ' 1 8' - 1 0 ' 2 Ne i g h b o r h o o d St r e e t le s s t h a n 1, 5 0 0 NA NA 3 Pa r k i n g O n e S i d e 47 ' - 5 1 ' 22 ' 15 ' Qu e u i n g 7' 6" 5' - 8 ' 1 5' - 6 ' Ne i g h b o r h o o d St r e e t Pa r k i n g B o t h S i d e s 50 ' - 5 7 ' 25 ' - 2 8 ' 1 1' - 1 4 ' Qu e u i n g 7' 6" 5' - 8 ' 1 5' - 6 ' Pr i v a t e D r i v e 4 Le s s t h a n 10 0 15 ' - 2 0 ' 12 ' - 1 5 ' Qu e u i n g NA NA NA NA NA NA Sh a r e d S t r e e t Le s s t h a n 15 0 0 25 ' 18 ' p a v e d 12 ' NA NA NA NA NA NA Al l e y 18.4.6.040 PUBLIC FACILITIES 18.4-90 Ta b l e 1 8 . 4 . 6 . 0 4 0 . F . Ci t y o f A s h l a n d S t r e e t D e s i g n S t a n d a r d s ( c o n t i n u e d ) TY P E O F ST R E E T AV E R A G E DA I L Y TR I P S (A D T ) RI G H T - OF - WA Y WI D T H CU R B - T O - CU R B PA V E M E N T WI D T H WI T H I N C U R B - T O - C U R B A R E A CU R B on bo t h si d e s PA R K - RO W on bo t h si d e s SI D E - WA L K S on bo t h si d e s MO T O R VE H I C L E TR A V E L LA N E S ME D I A N AN D / O R CE N T E R TU R N LA N E BI K E LA N E S on bo t h si d e s PA R K I N G NA 16 ' 12 ' p a v e d wi d t h , 2 ' st r i p s o n b o t h si d e s NA NA NA NA NA NA NA Mu l t i - U s e P a t h NA 12 ' - 1 8 ' 6' - 1 0 ' p a v e d wi d t h , 2 ' - 4 ' st r i p s o n b o t h si d e s NA NA NA NA NA NA NA 1 7' – 8 ' l a n d s c a p e p a r k r o w s h a l l b e i n s t a l l e d i n r e s i d e n t i a l a r e a s ; 5 ' h a r d s c a p e p a r k r o w w i t h t r e e w e l l s s h a l l b e i n s t a l l e d i n c o m m e r c i a l a r e a s o n s t r e e t s w i t h on - s t r e e t p a r k i n g l a n e s , o r 7 ' l a n d s c a p e p a r k r o w m a y b e u s e d i n c o m m e r c i a l a r e a s o n s t r e e t s w i t h o u t o n - s t r e e t p a r k i n g l a n e s o r w h e r e t h e s t r e e t c o r r i d o r i n c l u d e s la n d s c a p e d p a r k r o w . S t r e e t T re e s s h a l l b e p l a n t e d i n p a r k r o w s p u r s u a n t t o 18 . 4 . 4 . 0 3 0 . 2 6' s i d e w a l k s h a l l b e i n s t a l l e d i n r e s i d e n t i a l a r e a s ; 8 ' - 1 0 ' s i d e w a l k s h a l l b e i n s t a l l e d i n c o m m e r c i a l a r e a s ; 1 0 ' s i d e w a l k s h a l l b e r e q u i r e d o n b o u l e v a r d s i n t h e Do w n t o w n D e s i g n S t a n d a r d s Z o n e . 3 Bi k e l a n e s a r e g e n e r a l l y n o t n e e d e d o n s t r e e t s w i t h l o w v o l u m e s ( l e s s t h a n 3 , 0 0 0 A D T ) o r l o w m o t o r v e h i c l e t r a v e l s p e e d s ( l e s s t h a n 2 5 m p h ) . F o r o v e r 3 , 0 0 0 AD T o r a c t u a l t r a v e l s p e e d s e x c e e d i n g 2 5 m p h , 6 ' b i k e l a n e s ; o n e o n e a c h s i d e o f t h e s t r e e t m o v i n g i n t h e s a m e d i r e c t i o n a s m o t o r v e h i c l e t r a f fi c 4 A p r i v a t e d r i v e i s a s t r e e t i n p r i v a t e o w n e r s h i p , n o t d e d i c a t e d t o t h e p u b l i c , w h i c h s e r v e s t h r e e o r l e s s u n i t s . P r i v a t e d r i v e s a r e p e r m i t t e d i n t h e P e r f o r m a n c e St a n d a r d s O p t i o n s o v e r l a y . ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-91 G. Standards Illustrated. New and recon- structed streets, alleys and pathways shall conform to the following design standards, as summarized in Table 18.4.6.040.F. 1. Boulevard. Boulevards are major thor- oughfares filled with human and vehicular activity. Design should provide an environment where walking, bicycling, using transit, and driving are equally convenient and should facilitate the boule- vard’s use as a public space. Design should start with the assumption that the busy nature of a boulevard is a positive factor and incorporate it to enhance the streetscape and setting. A two-lane, three-lane, or five-lane configuration can be used depending on the number of trips generated by sur- rounding existing and future land uses. See Figure 18.4.6.040.G.1. Figure 18.4.6.040.G.1. Three-Lane Boulevard Street Function Provide access to major urban activity centers and connections to regional traffic ways such as Interstate 5. Traffic without a destination in Ashland should be encouraged to use regional traffic ways and discouraged from using boulevards. Connectivity Connects neighborhoods to urban activity centers and to regional traffic ways such as Interstate 5. Average Daily Traffic 8,000 - 30,000 motor vehicle trips per day Managed Speed 25 mph – 35 mph Right-of-Way Width 2-lane 61 ft – 87 ft 3-lane 73 ft – 99 ft 5-lane 95 ft – 121 ft Curb-to-Curb Width 2-lane 34 ft 18.4.6.040 PUBLIC FACILITIES 18.4-92 3-lane 46 ft 5-lane 68 ft Motor Vehicle Lanes 2-lane 11 ft travel lanes 3-lane 11 ft travel lanes; one 12 ft median or center-turn lane 5-lane 11 ft travel lanes; one 12 ft median or center-turn lane Bike Lanes 6 ft bike lanes; one on each side of the street moving in the same direction as motor vehicle traffic Parking 8 ft – 9 ft lanes; parking may be provided in 8 ft – 9 ft bays rather than as a continuous on-street lane Curb and Gutter required; 6 inch vertical curb Parkrow Residential 7 ft -8 ft landscape parkrow; 8 ft on streets without on-street parking lanes Commercial 5 ft hardscape parkrow (i.e., street tree wells) on streets with on-street parking lanes 7 ft landscape parkrow on streets without on-street parking lanes or where street corridor includes landscape parkrow All plant street trees pursuant to section 18.4.4.030 Sidewalk Residential 6 ft on both sides Commercial 8 ft – 10 ft on both sides 10 ft sidewalk required on boulevards in Downtown Design Standards Zone 2. Avenue. Avenues provide concentrated pedestrian, bicycle, transit, and motor vehicle ac- cess from neighborhoods to neighborhood activity centers and boulevards. Avenues are similar to boulevards, but are designed on a smaller scale. Design should provide an environment where walking, bicycling, using transit, and driving are equally convenient and facilitates the avenue’s use as a public space. A two-lane or three-lane config- uration can be used depending on the number of trips generated by surrounding existing and future land uses. See Figure 18.4.6.040.G.2. ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-93 Figure 18.4.6.040.G.2. Three-Lane Avenue Street Function Provide access from neighborhoods to neighborhood activity centers and boulevards. Connectivity Connects neighborhoods to neighborhood activity centers and boulevards. Average Daily Traffic 3,000 - 10,000 motor vehicle trips per day Managed Speed 20 mph – 25 mph Right-of-Way Width 2-lane 59 ft – 86 ft 3-lane 70.5 ft – 97.5 ft Curb-to-Curb Width 2-lane 32 ft– 33 ft 3-lane 43.5 ft – 44.5 ft Motor Vehicle Lanes 2-lane 10 ft – 10.5 ft travel lanes 3-lane 10 ft – 10.5 ft travel lanes; one 11.5 ft median or center-turn lane Bike Lanes 6 ft bike lanes; one on each side of the street moving in the same direction as motor vehicle traffic Parking 8 ft – 9 ft lanes; may be provided in 8 ft – 9 ft bays rather than as a continuous on-street lane Curb and Gutter required; 6 inch vertical curb 18.4.6.040 PUBLIC FACILITIES 18.4-94 Parkrow Residential 7 ft - 8 ft landscape parkrow; 8 ft on streets without on-street parking lanes Commercial 5 ft hardscape parkrow (i.e., street tree wells) on streets with on-street parking lanes 7ft landscape parkrow on streets without on-street parking lanes or where street corridor includes landscape parkrow All plant street trees pursuant to section 18.4.4.030 Sidewalk Residential 6 ft on both sides Commercial 8 ft – 10 ft on both sides 3. Neighborhood Collector. Neighborhood Collectors provide access to neighborhood cores and gather traffic from various parts of the neigh- borhood and distribute it to the major street sys- tem. Different configurations with several on-street parking options are provided for resi- dential zones as illustrated in Figures 18.4.6.040.G.3.a, 18.4.6.040.G.3.b, and 18.4.6.040.G.3.c, and for commercial and employ- ment zones as illustrated in 18.4.6.040.G.3.d, 18.4.6.040.G.3.e, 18.4.6.040.G.3.f, and 18.4.6.040.G.3.g. ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-95 Figure 18.4.6.040.G.3.a. Residential Neighborhood Collector, No Parking Street Function Provide access to neighborhoods, shopping, and services. Connectivity Residential Collects traffic within residential areas and connects neighborhoods with the major street network. Commercial Collects traffic within residential areas and connects neighborhoods with major street network. Provides neighborhood shopping opportunities. Average Daily Traffic 1,500 to 5,000 motor vehicle trips per day Managed Speed 15mph – 20 mph Right-of-Way Width Residential no parking 49 ft – 51 ft parking one side 50 ft – 56 ft parking both sides 57 ft – 63 ft Commercial parallel parking one side 55 ft – 65 ft parallel parking both sides 63 ft – 73 ft diagonal parking one side 65 ft – 74 ft 18.4.6.040 PUBLIC FACILITIES 18.4-96 diagonal parking both sides 81 ft – 91 ft Curb-to-Curb Width Residential no parking 22 ft parking one side 25 ft – 27 ft parking both sides 32 ft – 34 ft Commercial parallel parking one side 28 ft parallel parking both sides 36 ft diagonal parking one side 37 ft diagonal parking both sides 54 ft Motor Vehicle Lanes Residential no on-street parking 11 ft travel lanes parking one/both sides 9 ft-10 ft travel lanes Commercial 10 ft travel lanes Bike Lanes generally not needed on streets with low volumes (less than 3,000 ADT) or low motor vehicle travel speeds (less than 25 mph) for over 3,000 ADT or actual travel speeds exceeding 25 mph, 6 ft bike lanes; one on each side of the street moving in the same direction as motor vehicle traffic Parking Residential 7 ft lanes Commercial parallel parking 8 ft lanes diagonal parking 17 ft lanes Curb and Gutter required: 6 inch vertical curb Parkrow Residential 7 ft – 8 ft landscape parkrow; 8 ft on streets without on-street parking lanes Commercial 5 ft hardscape parkrow (i.e., street tree wells) on streets with on-street parking lanes 7 ft landscape parkrow on streets without on-street parking lanes or where street corridor includes landscape parkrow all plant street trees pursuant to section 18.4.4.030 ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-97 Sidewalk Residential 5 ft – 6 ft on both sides; use 6 ft in high pedestrian volume areas with frequent two-way foot traffic Commercial 8 ft – 10 ft on both sides 18.4.6.040 PUBLIC FACILITIES 18.4-98 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 3 . b . Re s i d e n t i a l N e i g h b o r h o o d C o l l e c t o r , P a r k i n g O n e S i d e ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-99 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 3 . c . Re s i d e n t i a l N e i g h b o r h o o d C o l l e c t o r , P a r k i n g B o t h S i d e s 18.4.6.040 PUBLIC FACILITIES 18.4-100 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 3 . d . Co m m e r c i a l N e i g h b o r h o o d C o l l e c t o r , P a r a l l e l P a r k i n g O n e S i d e ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-101 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 3 . e . Co m m e r c i a l N e i g h b o r h o o d C o l l e c t o r , P a r a l l e l P a r k i n g B o t h S i d e s 18.4.6.040 PUBLIC FACILITIES 18.4-102 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 3 . f . Co m m e r c i a l N e i g h b o r h o o d C o l l e c t o r , A n g l e d P a r k i n g O n e S i d e ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-103 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 3 . g . Co m m e r c i a l N e i g h b o r h o o d C o l l e c t o r , A n g l e d P a r k i n g B o t h S i d e s 18.4.6.040 PUBLIC FACILITIES 18.4-104 4. Neighborhood Street. Neighborhood Streets provide access to individual residential units and neighborhood commercial areas. Differ- ent configurations with several on-street parking options are provided for residential and commer- cial zones as illustrated in Figures 18.4.6.040.G.4.a and 18.4.6.040.G.4.b. Neighbor- hood Streets are for use in the following single- family residential zones: WR (Woodland Residential), RR - 1 and RR - .5 (Low Density Residential), and R-1-3.5, R-1-5, R-1-7.5 and R-1-10 (Single-Family Residential), unless specif- ically noted. ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-105 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 4 . a . Ne i g h b o r h o o d S t r e e t , P a r k i n g B o t h S i d e s 18.4.6.040 PUBLIC FACILITIES 18.4-106 Street Function Provide access to individual residential units and commercial areas. Connectivity Connects to higher order streets. Average Daily Traffic less than 1,500 motor vehicle trips per day Managed Speed 10 mph - 20 mph Right-of-Way Width parking one side 47 ft - 51 ft parking both sides 50 ft - 57 ft Curb-to-Curb Width parking one side 22 ft parking both sides 25 ft - 28 ft Motor Vehicle Lanes parking one side 15 ft queuing lane parking both sides in R-1-10, R-1-7.5 and R-1-5 zones 11 ft queuing lane parking both sides in R-1-3.5, R-2 and R-3 zones 14 ft queuing lane Bike Lanes generally not needed on streets with low volumes (less than 3,000 ADT) or low motor vehicle travel speeds (less than 25 mph) Parking 7 ft lanes; may be provided in 7 ft bays rather than as a continuous on- street lane Curb and Gutter required, 6" vertical curb Parkrow Residential 7 ft-8 ft landscape parkrow; 8 ft on streets without on-street parking lanes Commercial 5 ft hardscape parkrow (i.e., street tree wells) on streets with on-street parking lanes 7 ft landscape parkrow on streets without on-street parking lanes or where street corridor includes landscape parkrow All plant street trees pursuant to section 18.4.4.030 Sidewalk 5 ft-6 ft on both sides; use 6 ft in high pedestrian volume areas with frequent two-way foot traffic ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-107 Fi g u r e 1 8 . 4 . 6 . 0 4 0 . G . 4 . b . Ne i g h b o r h o o d S t r e e t , P a r k i n g O n e S i d e s 18.4.6.040 PUBLIC FACILITIES 18.4-108 5. Private Drive. A private drive is a road in private ownership, not dedicated to the public that serves three or less lots. Private drives are limited to development approved using the Performance Standards Option pursuant to chapter 18.3.9. Street Function Provide access to individual residential units. Connectivity Connects to higher order streets. Average Daily Traffic 100 or less motor vehicle trips per day Managed Speed 10 mph - 20 mph Dedicated Width for 2 – 3 lots 20 ft for 1 lot 15 ft Drive Width for 2 – 3 lots 15 ft for 1 lot 12 ft Fire Lane Private drives and work areas shall be deemed fire lanes and subject to all requirements thereof. Fire Work Areas: Private drives serving structures greater than 24' in height, as defined in part 18.6, shall provide a Fire Work Area of 20 ft by 40 ft within 50 ft of the structure. The Fire Work Area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Fire Truck Turnarounds: When required by the Oregon Fire Code, private drives greater than 150 feet in length shall provide a turnaround as illustrated in Figure 18.4.6.040.G.5. The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions. Other curbs, bike lanes, parkrows and sidewalks not required ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-109 Figure 18.4.6.040.G.5. Fire Truck Turnaround 6. Alley. Alleys are semi-public neighbor- hood spaces that provide access to the rear or side of properties, and alternative utility placement ar- eas. Alleys eliminate the need for front yard drive- ways providing the opportunity for a more positive front yard streetscape, allowing the street located adjacent to the front of properties to be designed using a narrow width with limited on-street park- ing, and creating the opportunity for the use of nar- rower lots to increase residential densities. Alleys are appropriate in all residential areas and some commercial areas for business frontage. 18.4.6.040 PUBLIC FACILITIES 18.4-110 Figure 18.4.6.040.G.6. Alley Street Function Provide rear and side yard access to residential and commercial properties, and an alternative utility placement area. Connectivity Connects to all types of streets. Managed Speed motor vehicle travel speeds should be below 10 mph Right-of-Way Width 16 ft Improvement Width 12 ft paved with 2 ft gravel or planted strips on both sides Curb and Gutter curb not required, use inverse crown 7. Multi-use Path. Multi-use paths are off- street facilities used primarily for walking and bi- cycling. These paths can be relatively short connections between neighborhoods, or longer paths adjacent to rivers, creeks, railroad tracks, and parks and common open space. See Figure 18.4.6.040.G.7. See maximum fence heights for common open space in section 18.4.4.070, and for cottage housing in section 18.2.3.090. ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-111 Figure 18.4.6.040.G.7. Multi-Use Path Street Function Provide short connections for pedestrians and bicyclists between destinations, and longer paths in situations where a similar route is not provided on the street network. Connectivity Enhance route options and shorten distances traveled for pedestrians and bicyclists. Right-of-Way Width 10 ft – 18 ft Improvement Width 6 ft – 10 ft paved with 2 ft – 4 ft gravel or planted strips on both sides Curb and Gutter not required 8. Shared Street. Provides access to residen- tial uses in an area in which right-of-way is con- strained by natural features, topography or historically significant structures. Shared Streets may additionally be used in circumstances where a slower speed street, collectively shared by pedes- trians, bicycles, and autos, is a functional and pre- ferred design alternative. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. See Figure 18.4.6.040.G.8. Prototypical Section: Shared Street 18.4.6.040 PUBLIC FACILITIES 18.4-112 Figure 18.4.6.040.G.8. Shared Street Street Function: Provide vehicular, pedestrian, and bicycle neighborhood circulation and access to individual residential and commercial properties designed to encourage socializing with neighbors, outdoor play for children, and creating comfortable spaces for walking and biking. Connectivity: Connects to all types of streets. Average Daily Traffic: 1,500 or less motor vehicle trips per day. Managed Speed: Motor vehicle travel speeds should be below 15 mph. Right-of-Way Width: 25' Pavement width: 18' minimum, maintaining full fire truck access and minimum turning paths at all changes in alignment and intersections. Motor Vehicle Travel Lanes: Minimum 12' clear width. Bike Lanes: Not applicable. Bicyclists can share the travel lane and easily negotiate these low use areas. Parking: Parking and loading areas may be provided within the right of way with careful consideration to ensure parked vehicles do not obstruct pedestrian, bicycles, or emergency vehicle access. Parkrow: Not applicable. Sidewalks: Not applicable. Pedestrians can share the travel lane and easily negotiate these low use areas. Refuge areas are to be ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-113 provided within the right of way to allow pedestrians to step out of the travel lane when necessary. H. Crosswalk and Street Corner Radius. Provide pedestrians with the shortest possible route across street intersections. This is accom- plished by using small curb radii and curb exten- sions as illustrated in Figure 18.4.6.040.H. At the street corner, where one curbed street meets an- other is known as the curb return. The measure of the sharpness of the corner, or curb return is known as the curb return radius (Crr). Figure 18.4.6.040.H. Street Corner Radius and Crossing Distance 1. Pedestrian Crossing Distance. With a larger Crr, turning movements of right-turning ve- hicles are easier and possible at faster speeds, but the length of the crosswalk needed to cross the street for pedestrians at that point is also increased. As the Crr increases, the distance the pedestrian must cross increases, and the time it takes for the pedestrian to cross the intersection increases. Higher turning vehicular speeds are encouraged and dangerous rolling stops become more fre- quent. Table 18.4.6.040.H.1 exemplifies the effect on intersection crossings as Crr increases from 15 feet to 35 feet. Table 18.4.6.040.H.1. Effect on Pedestrian Crossing of Curb Radius SIDEWALK WIDTH 6' 6' 6' 8' 8' 8' 10' 10' 10' 10' PARKROW WIDTH 6' 6' 6' 6' 6' 6' 6' 6' 6' 6' 18.4.6.040 PUBLIC FACILITIES 18.4-114 Table 18.4.6.040.H.1. Effect on Pedestrian Crossing of Curb Radius (continued) CURB RETURN RADIUS 15' 25' 30' 15' 25' 30' 15' 25' 30' 35' CROSSING DISTANCE ADDED TO STREET WIDTH 2.5' 11.6' 17.2' 1.7' 10.0' 15.3' 1.1' 8.6' 13.6' 19.0' CROSSING TIME ADDED WITH ADDITIONAL STREET WIDTH (SECONDS) 0.7 3.3 4.9 0.5 2.9 4.4 0.3 2.5 3.9 5.4 Source: Traditional Neighborhood Development Street Design Guidelines, Institute of Transportation En- gineers 2. Crosswalk and Curb Return Radius Approval Standards. New and reconstructed cross- walks and corners shall conform to the following Crr standards. See also, requirements for vision clearance area in section 18.2.4.040. a. Base Crr on reasonable anticipated ve- hicular and pedestrian traffic volumes, traffic types, and intersection control devices. b. Use ten to 15 feet Crr in neighborhoods, excluding intersections involving boulevards. c. When designing Crr, allow for large ve- hicles to swing across the centerline of the street pursuant to AASHTO standards. d. Begin on-street parking a minimum of 20 feet from any intersection involving boulevards and avenues to provide clear vision for pedestri- ans, bicyclists, and drivers. This setback will also assist larger vehicles to turn. e. At intersections with Crr 15 feet or larger and high pedestrian traffic volumes, use paver bulb outs, textured crossings, and other ap- propriate traffic calming treatments to facilitate pedestrian travel. f. Match the Crr of newly constructed or reconstructed street corners in the Historic District overlay to what historically has been used in the remainder of the Historic District overlay. I. Hillside Streets and Natural Areas. Streets constructed in hillside lands or natural resource areas (e.g., creeks, rock outcroppings, drainages, wetlands) should minimize negative impacts and use minimal cut and fill slopes. Generally, the range of street types provided in subsection 18.4.6.040.G make it possible to construct or im- prove streets in accordance with the design stan- dards. However, street design may be adjusted in hillside lands and natural resource areas using the exceptions to street standards process in subsec- tion 18.4.6.020.B.1. In addition to the approval criteria for an exception to street standards, the fol- lowing standards must be met: 1. Approval of Streets in Hillside Lands and Natural Areas. Approval of a street in hillside lands or natural areas shall conform to chapter 18.3.10, Physical and Environmental Constraints Overlay, and the following provisions: a. Clear Travel Lane. New streets shall provide a 20-foot clear travel lane area in areas designated hillside lands. b. On-Street Parking. Ample on-street or bay parking shall be provided at the foot of steep hills, especially those prone to snow or ice buildup. c. Streets shall be located in a manner that preserves natural features to the greatest extent feasible. d. Whenever possible, street alignments shall follow natural contours and features so that visual and physical access to the natural feature is possible. e. Streets shall be situated between natural features, such as creeks, mature trees, drainages, common or public open spaces, and individual ASHLAND LAND USE ORDINANCE 18.4.6.040 18.4-115 parcels in order to appropriately incorporate such significant neighborhood features. 2. Dead End Streets. Dead-end streets may be permitted in areas where topography, wetland, creeks, or other physical features preclude street connections. Only neighborhood streets may be dead end roads. No dead end street shall exceed 500 feet in length, not including the turnaround. J. Publicly-Funded Street Improvements. Streets built or improved using a local improve- ment district (LID), or other public or grant funds may occur in areas constrained by the built envi- ronment or natural features, and as a result, are allowed exceptions to the street design standards. Street design may be adjusted for publicly-funded projects pursuant to the Exceptions to Street Stan- dards process in subsection 18.4.6.020.B.1. In ad- dition to the approval criteria for an Exception to Street Standards, the following requirements must be met. See also, subsection 18.4.6.050.C Noncon- formities Created by Street Dedication. 1. Curb-to-Curb Width. Street improvements constructed through a publicly-funded project shall be permitted to reduce the required curb- to-curb width required in section 18.4.6.040.G to preserve significant natural features, to accommo- date existing structures and to ensure compatibility with the surrounding neighborhood. A reduction in the required curb-to-curb width shall require the approval of the City Planning, Engineering, Po- lice, and Fire departments. 2. Retrofitting Existing Streets With Sidewalks and Parkrows. Street design adjust- ments could result in construction of meandering sidewalks, sidewalks on one rather than both sides of the street, or curbside sidewalk segments in- stead of setback walkways. In some cases, side- walks may replace pavement (i.e., on top of existing pavement) on streets with wider curb-to- curb widths than is currently required. Building sidewalks and/or parkrows in place of existing pavement is generally limited to situations where a sidewalk and/or parkrow will be continuous along the entire side of the street. 3. Preserving Natural Features. Streets shall be located in a manner that preserves natural fea- tures to the greatest extent feasible, pursuant to 18.4.6.040.I. K. Ashland Street Corridor. 1. Purpose and Intent. The Ashland Street Corridor is located between the intersection of Siskiyou Boulevard to the west and the Interstate 5 interchange to the east. In general, the area bound- ary includes the lots fronting the Highway 66 right-of-way. This main boulevard street is com- prised of Ashland Street, Greensprings Highway, and Highway 66. Presently, varieties of land uses (e.g., re- tail/commercial, employment, institutional, and residential) as well as a collage of building types and vacant lands are located along this corridor. This boulevard is an important transportation el- ement because it is one of the three entrances to Ashland, it links the downtown with hotel accom- modations and the airport, and it is a commercial and retail center, primarily for local residents. In addition, the land within and adjacent to the corridor, both commercial and residential, is for the most part underdeveloped or undeveloped. Much of the future economic growth of the City will probably be centered in this location. The City Council and Planning Commission have recognized the potential of the corridor and requested special design studies be performed to insure its planned development. During those stud- ies it was determined that the image of the corridor portrays a typical “strip development”. These types of development are in the fringe areas of towns throughout the United States. Vast areas or asphalt paving, minimal landscaping, and unin- spired architecture are indicative of these strip de- velopments, resulting in large part to the dominance of the automobile as the only form of transit. In Ashland, a town noted for its charm, nat- ural beauty, and culture, this type of development is a contradiction. The corridor does however offer opportunities such as views to the mountains and foothills, landscaped open space, and large lots. Recognizing these opportunities, the City de- sires to develop this area according to standards which will create an environment reflective of Ashland’s community image. A key factor in achieving this goal is to reduce the auto-orienta- tion of this environment by encouraging pedes- trian amenities and urban design strategies, thereby instilling a sense of community pride in the property owners and merchants of this area. 18.4.6.040 PUBLIC FACILITIES 18.4-116 18.4.6.050 The Ashland Street Corridor design standards listed below will provide the City with direction for the future development of this key commercial and retail corridor. It is important to note that this work must be a cooperative effort between the pri- vate and public sectors of the community. In concert with the design standards for the private development of the corridor, the design standards for the public right-of-way are intended to provide an attractive street environment which will encourage pedestrian usage and public safety. 2. Design Standards. Improvements in the Ashland Street right-of-way shall meet the follow- ing standards. 1. Landscape Median. a. Twelve-foot wide minimum with left turn pockets in limited but appropriate locations, approximately every 400 feet. b. Small flowering trees, low water use, and low maintenance shrubs (i.e., 12-foot spread maximum) and ground cover shall be planted. c. Lighting shall be to City street light standards. 2. Sidewalk. a. A five to eight-foot wide minimum area for street tree placement is required (e.g., five feet wide for street tree wells, seven to eight feet wide for parkrows). b. Trees shall be drought tolerant and hardy, placed with root barriers and tree grates to City specifications, or in landscaped strips with ground cover. c. Six to ten-foot wide textured or scored concrete sidewalk in addition to the street tree area (total widths would be a minimum of eight feet). d. Pedestrian scaled light fixtures placed in the street tree strip. e. Specially designed street name signs. 3. Special Pedestrian Areas. a. Pedestrian refuges protected from weather shall be placed near transit stops or at in- tervals of 400 feet in the corridor if no transit stop is nearby. b. Textured concrete or unit masonry paving shall be used in these areas to differentiate them from other areas. c. Street furniture (e.g., benches, drink- ing fountains, new racks,) shall be included for the comfort and convenience of the pedestrian. (Ord. 3191 §§ 27 – 29, amended, 11/17/2020; Ord. 3190 § 8, amended, 11/17/2020) Street and Greenway Dedications A. Purpose. To provide timely and orderly im- provement and enlargement of the city street and greenway system through the dedication of land by property owners upon development of their land. B. Street Dedication Required. The approval authority may require the dedication of land for the construction of a city street, greenway, or portion thereof, provided that the impact of the develop- ment on the city transportation system is roughly proportional to the dedication. It is assumed that all development requiring planning actions will in- crease traffic generated in the area unless it can be proven otherwise to the satisfaction of the Plan- ning Commission. Land will be dedicated by a property owner for the construction of a street or greenway when: 1. A development requiring a planning ac- tion, partition, or subdivision takes place on the owner's property; 2. The development will result in increases in the traffic generated (i.e., pedestrian, bicycle, auto) in the area, by some measure; 3. The property contains a future street or greenway dedicated on the official map adopted pursuant to 18.4.6.050.D; 4. Where required neighborhood street con- nections are not shown on the Street Dedication Map, the development shall provide for the rea- sonable continuation and connection of the trans- portation system to serve the development and adjacent vacant or redevelopable lands, conform- ing to section 18.4.6.040.E Connectivity Stan- dards; and 5. The City may require additional right-of- way for streets that do not meet the street standards of this chapter, or as necessary for realignments of intersections or street sections, which do not have to be shown on the official map. C. Nonconformities Created by Street Dedication. When the lot area or setbacks of a lot that conforms to the requirements of the applicable zoning district are reduced by a minor amount as a result of dedication of right-of-way for improve- ment of a street, the remaining lot is deemed in compliance with the minimum lot size, lot cover- ASHLAND LAND USE ORDINANCE 18.4.6.050 18.4-117 18.4.6.060 18.4.6.070 18.4.6.080 age, and yard requirements of the zone. Lots which could be divided prior to the right-of-way dedica- tion shall not be prohibited from such division if the parcel size falls below the minimum requires due to dedication of right-of-way for improvement to a street. D. Street Dedication Map. 1. Future street and greenway dedications are shown on the official street dedication and planned bikeway network map adopted by the City Coun- cil. 2. The Staff Advisor or the Planning Com- mission may modify the location of a required street or greenway dedication to account for prac- tical difficulties in implementing this ordinance, as long as the general intent of providing safe trans- portation from one point to another is ensured. E. Dedication Required Prior to Final Ap- proval. 1. Dedication of the future right-of-way for a street or greenway is required prior to final action on a partitioning, subdivision, or development re- quiring a planning action. 2. If a plat is required for final action, the dedication shall be indicated on the plat as dedi- cated to the City. 3. If no plat is required, a deed with the ded- ication described by a registered surveyor shall be granted to the City. Said deed shall be provided with adequate title insurance or other assurance necessary to ensure that the title is free of all en- cumbrances, back taxes, or liens. Public Use Areas A. Dedication of Public Use Areas. Where a proposed park, playground, trail, or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the City may require the dedication of this area to the City, or the designation of this area on the final plat for fu- ture dedication to the City, provided that the im- pact of the development on the City park system is roughly proportional to the dedication, conforms to the requirements of this ordinance, and is con- sistent with applicable parks and trails master plans. Sanitary Sewer and Water Service Improvements A. Sewers and Water Mains Required. All new development is required to connect to city water and sanitary sewer systems. Sanitary sewer and water system improvements must be installed to serve new development and to connect devel- opments to existing mains, considering the City’s adopted facility master plans and applicable stan- dards. Where streets are required to be stubbed to the edge of the development, sewer and water sys- tem improvements, and other utilities, must also be stubbed with the streets, except where alternate alignment(s) are approved by the City Engineer. B. Sewer and Water Plan Approval. Devel- opment permits for sewer and water improvements in the public right-of-way or public easements must be approved by the City Engineer. C. Over-Sizing. The approval authority may require as a condition of approval that sewer and water lines serving new development be sized to accommodate future development within the area as projected by the applicable facility master plans; and the City may authorize other cost-re- covery or cost-sharing methods as provided under state law. D. Inadequate Facilities. Development per- mits may be restricted or rationed by the City where a deficiency exists in the existing water or sewer system that cannot be rectified by the de- velopment and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic wa- ter and sewerage treatment systems. Storm Drainage and Surface Water Management Facilities A. Storm Drainage Plan Approval. Develop- ment permits for storm drainage and surface water management plans must be approved by the City Engineer and Building Official. B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be sized to accommodate existing and projected future runoff from upstream drainage area, considering the City’s adopted facility master plans and applic- able standards. Such facilities shall be subject to review and approval by the City Engineer. 18.4.6.060 PUBLIC FACILITIES 18.4-118 18.4.6.090 C. Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the ad- ditional runoff resulting from the development would overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with City stan- dards. D. Over-Sizing. The authority may require as a condition of approval that the storm drainage sys- tem serving new development shall be sized to ac- commodate future development within the area as projected by the applicable facility master plan; and the City may authorize other cost recovery or cost-sharing methods as provided under state law. E. Existing Watercourse. Where a water- course, drainage way, channel, or stream traverses a proposed development site, there shall be pro- vided a storm water easement or drainage right-of- way conforming substantially with the boundary or centerline of such watercourse, as applicable, and such further width as will be adequate for conveyance and maintenance to protect the public health and safety. Utilities The following standards apply to new develop- ment where extension of electric power or commu- nication lines is required. A. General Provision. The developer is re- sponsible for coordinating his or her development plan with the applicable utility providers and pay- ing for the extension/installation of utilities not otherwise available to the subject property. B. Height. Utility transmission and distribution lines, poles, and towers may exceed the height lim- its otherwise provided for in this title, except for wireless communication systems as provided in chapter 18.4.10 and in the Airport Overlay as pro- vided in chapter 18.3.7. C. Underground Utilities. 1. General Requirement. The requirements of the utility service provider must be met. All utility lines in new developments, partitions, and subdivisions, including but not limited to those re- quired for electric, communication, lighting, and related facilities, must be placed underground, ex- cept as provided for in 18.4.6.090.D, below. 2. Partitions and Subdivisions. The follow- ing additional standards apply to all new subdivi- sions, in order to facilitate underground placement of utilities. a. The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that all above ground equipment does not obstruct vision clearance areas for vehicular traf- fic, per section 18.2.4.040. b. All underground utilities installed in streets must be constructed and approved by the applicable utility provider prior to the surfacing of the streets. c. Stubs for service connections shall be long enough to avoid disturbing the street im- provements when service connections are made. D. Exception to Undergrounding Requirement. The City may waive the under- grounding standard where existing physical con- straints, such as geologic conditions, streams, or existing development conditions make under- ground placement impractical. ASHLAND LAND USE ORDINANCE 18.4.6.090 18.4-119 18.4.7.010 18.4.7.020 18.4.7.030 18.4.7.040 18.4.7.050 18.4.7.060 18.4.7.070 18.4.7.080 18.4.7.090 18.4.7.100 18.4.7.110 18.4.7.120 18.4.7.130 18.4.7.010 18.4.7.020 18.4.7.030 Chapter 18.4.7 SIGNS Sections: Purpose. Applicability. General Sign Regulations. Exempted Signs. Prohibited Signs. Residential and North Mountain Sign Regulations. Commercial-Downtown Zone. Commercial, Health Care, Employment, Croman Mill and Industrial Zones. Freeway Sign Overlay. Construction and Maintenance Standards. Nonconforming Signs. Governmental Signs. Historic Signs. Purpose Chapter 18.4.7 contains standards for the design and location of signs. The regulations are intended to recognize the important function of signs and the need to safeguard and enhance the economic and aesthetic values in the City through regulation of such factors as size, number, location, illumina- tion, construction, and maintenance of signs. Applicability A. The requirements of chapter 18.4.7 apply to signs in all zones, except those specifically ex- empted, whenever a sign is altered, erected, or re- placed. B. Permitting. 1. A Sign Permit, granted through Ministe- rial review pursuant to section 18.5.5.040, is re- quired in each of the following instances and prior to installing any sign to ensure compliance with City standards. a. Upon the erection of any new sign ex- cept exempted signs. b. To make alteration to an existing sign, including a change in the size or materials. Permits shall not be required for minor maintenance and repairs to existing signs or for changes in sign copy for conforming signs. c. To alter an existing non-conforming sign, subject to section 18.4.7.110. d. To erect a temporary sign for a new business subject to 18.4.7.040.D. 2. Submission Requirements. For the pur- poses of review by the Staff Advisor, a drawing to scale shall be submitted which indicates fully the material, color, texture, dimensions, shape, lo- cation, attachment to building and other structures, structural elements of the proposed sign, and the size and dimensions of any other signs located on the applicant's building or property. 3. Sign Permit Fee. The fee for a Sign Permit shall be as set forth in the annual Miscellaneous Fees and Charges, as adopted by the City Council. The fee for any sign that is erected without a Sign Permit shall be double the regular sign fee. C. Temporary Signs for New Businesses. The Staff Advisor can issue a permit for a temporary sign for new businesses for a period not to exceed seven days. A permit is required for these signs but the permit fee is waived. D. Exceptions and Variances. Requests to de- part from the requirements of sections 18.4.7.030 General Regulations, 18.4.7.110 Nonconforming Signs, and 18.4.7.130 Historic Signs are subject to chapter 18.5.5 Variances. Exceptions and Vari- ances to the remaining sections of chapter 18.4.7 Signs are prohibited. General Sign Regulations The following general provisions shall govern all signs in addition to all other applicable provi- sions of this chapter. A. Bulletin Board or Reader Board. Twenty percent of permitted sign area may be allowed as a bulletin board or reader board. B. Placement of Signs. 1. Near Residential. No sign shall be located in a commercial or industrial zone so that it is pri- marily visible only from a residential zone. 2. Near Street Intersections. No signs in ex- cess of 2 ½ feet in height shall be placed in the vision clearance area pursuant to the vision clear- ance area requirements in section 18.2.4.040. 3. Near Driveways. No sign or portion of thereof shall be erected within ten feet of drive- ways unless the same is less than 2 ½ feet in height pursuant to the vision clearance area requirements in section 18.2.4.040. 18.4.7.010 SIGNS 18.4-120 18.4.7.040 4. Future Street Right-of-Way. No sign or portion thereof shall be erected within future street right-of-ways, as depicted upon the Street Ded- ication Map, unless and until an agreement is recorded stipulating that the sign will be removed or relocated upon street improvements at no ex- pense to the City. C. Obstruction by Signs. No sign or portion thereof shall be placed so that it obstructs any fire escape, stairway, or standpipe; interferes with hu- man exit through any window of any room located above the first floor of any building; obstructs any door or required exit from any building; or ob- structs any required light or ventilation. D. Unsafe or Illegal Signs. 1. If the Staff Advisor or Building Official finds that any sign is unsafe or insecure, or any sign erected or established under a Sign Permit has been carried out in violation of said permit or this chapter, he or she shall give written notice to the permittee or owner thereof to remove or alter such sign within seven days. 2. The Staff Advisor or Building Official may cause any sign that is an immediate peril to persons or property or sign erected without a per- mit to be removed immediately, and said sign shall not be re-established until a valid permit has been issued. Failure to remove or alter said signs as di- rected shall subject the permittee or owner to the penalties prescribed in this title. 3. Any person who erects, constructs, prints, paints, or otherwise makes a sign for which a Sign Permit or approval is required under chapter 18.4.7 without first having determined a permit has been obtained for such sign, has committed an infrac- tion, and upon conviction thereof is punishable as prescribed in AMC 1.08.020. It shall not be a de- fense to this section that such person erected, con- structed, printed, painted, or otherwise made the sign for another. E. Abatement of Nuisance Signs. The follow- ing signs are hereby declared a public nuisance and shall be removed or the nuisance abated. 1. Flashing sign visible from a public street or highway. 2. Temporary, movable or portable signs lo- cated on the publicly owned right-of-way. 3. Illegal signs. 4. Signs in obvious disrepair that are not maintained according to the standards set forth in 18.4.7.100.C. Exempted Signs The following signs and devices shall not be subject to the provisions of this chapter. All of the following exempted signs shall be subject to the other regulations contained in chapter 18.4.7 rela- tive to the size, lighting, or spacing of such signs. A. Informational Signs. Informational signs placed or approved for installation by the City or by the State of Oregon in the publicly owned right- of-way. Collective identification or directory signs placed by the City showing the types and locations of various civic, business, recreation, historic in- terest areas, or other similar uses, when such signs are located on publicly owned right-of-way or on City property. See also, section 18.4.7.120 Gov- ernment Signs. B. Memorials. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in size. C. Flags. Flags of national, state, or local gov- ernments. D. Historic Signs. Historic signs are exempt from some provisions of chapter 18.4.7. See sec- tion 18.4.7.130 Historic Signs. E. Interior Signs. Signs within a building pro- vided they are not visible to persons outside the building. F. Signs Not Visible from Public Way. Any sign which is not visible to motorists or pedestri- ans on any public highway, sidewalk, street, or al- ley. G. Small, Incidental Signs. Small incidental signs provided said signs do not exceed two square feet in area per sign, not more than two in number on any parcel or two per business frontage, whichever is greater. Within the Downtown De- sign Standards overlay, three incidental signs with a total area of seven square feet, provided no single incidental sign exceeds three square feet in area, are allowable per business frontage. H. String of Lights. Strings of lights in non- residential zones where the lights do not exceed five watts per bulb do not flash or blink in any way. Strings of lights in residential zones are not regulated. ASHLAND LAND USE ORDINANCE 18.4.7.040 18.4-121 18.4.7.050 I. Temporary Signs, Charitable Organization. Temporary, non-illuminated signs not exceeding 16 square feet, for charitable fundraising events placed by non-profit and chari- table organizations. Such signs shall not be placed more than seven days prior to the event and must be removed within two days following the event. No more than two such events may be advertised in this manner per lot per year. J. Temporary Signs, Construction. Tempo- rary, non-illuminated construction signs with an aggregate area not exceeding 16 square feet in res- idential areas or 32 square feet in commercial and industrial areas, provided said signs are removed within seven days of completion of the project. Such signs shall be limited to no more than four signs per lot and placed on the lot (i.e, not located in the street right-of-way). Freestanding temporary construction signs shall be no greater than five feet above grade. K. Temporary Signs, Elections. Temporary, non-illuminated signs not exceeding four square feet, provided the signs are erected no more than 45 days prior to and removed within seven days following an election. L. Temporary Signs, Real Estate. Temporary, non-illuminated real estate signs not exceeding six square feet in residential areas or 12 square feet in commercial and industrial areas, provided said signs are removed within 15 days from the sale, lease, or rental of the property. Such signs shall be limited to one sign per lot. Freestanding temporary real estate signs shall be no greater than five feet above grade. M. Temporary Window Signs, Non- Residential Zone. Temporary signs painted or placed upon a window in a non-residential zone, when such signs do not obscure more than 20 per- cent of such window area, and are maintained for a period not exceeding seven days. Signs that re- main longer than seven days will be considered permanent and must comply with the provisions of this chapter. Prohibited Signs Notwithstanding section 18.4.7.040 Exempted Signs, and except as provided by section 18.4.7.120 Government Signs, the following signs and sign elements are prohibited. A. No movable sign, temporary sign, or bench sign shall be permitted except as may be provided in section 18.4.7.040. B. No wind sign, device, or captive balloon shall be permitted except as may be provided in section 18.4.7.020 ,18.4.7.070.G and 18.4.7.080.E. C. No flashing signs shall be permitted. D. No sign shall have or consist of any moving, rotating, or otherwise animated part. E. No three-dimensional statue, caricature, or representation of persons, animals, or merchandise shall be used as a sign or incorporated into a sign structure except as may be provided in 18.4.7.070.F. F. No public address system or sound devices shall be used in conjunction with any sign or ad- vertising device. G. No roof signs or signs which project above the roof shall be permitted. H. No exposed sources of illumination shall be permitted on any sign, or for the decoration of any building, including, but not limited to, neon or flu- orescent tubing and flashing incandescent bulbs, except when the source of illumination is within a building, and at least ten feet from a window which allows visibility from the public right-of- way, or when a sign is internally illuminated, or the source of light is fully shielded from the public view. I. No signs that use plastic as part of the exte- rior visual effects or are internally illuminated in the Historic District, as identified in the Compre- hensive Plan or in any residential zones shall be permitted. J. No bulletin boards or signs with changeable copy shall be permitted, except as allowed in 18.4.7.030.A. K. No wall graphics shall be permitted. L. No unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the move- ment of traffic, or which hides from view any offi- cial traffic sign or signal shall be permitted. M. Vehicle signs used as static displays such that the primary purpose of the vehicle is the dis- play of the sign, placed or parked on the public right-of-way for a continuous period of two days or more. Vehicles and equipment regularly used in 18.4.7.050 SIGNS 18.4-122 18.4.7.060 18.4.7.070 the conduct of the business such as delivery vehi- cles, construction vehicles, fleet vehicles, or simi- lar uses, shall not be subjected to this prohibition. Residential and North Mountain Sign Regulations Signs in the residential zones and North Moun- tain Neighborhood District (NM) shall conform to the following regulations. A. Special Provisions. 1. No sign or portion thereof shall extend be- yond 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 con- strued as permitting any type of sign in conjunc- tion 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 Condi- tional Use Permit. B. Type of Signs Permitted. 1. Neighborhood Identification Signs. One sign shall be permitted at each entry point to resi- dential 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 ac- cordance with the chapter 18.5.4 Conditional Use Permits may be permitted one ground sign not ex- ceeding 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 exte- rior visual effect and shall not be internally illumi- nated. 3. Retail and Travelers’ Accommodation Uses. Retail commercial uses allowed as a condi- tional use in the Railroad District and travelers’ accommodations in residential zones shall be al- lowed one wall sign or one ground sign that meets the following standards, except as otherwise pro- hibited for accessory travelers’ 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 ex- ceeding 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. Commercial-Downtown Zone Signs in the C-1-D zone shall conform to the following regulations. A. Special Provisions. 1. Frontage. The number and use of signs al- lowed by virtue of a given business frontage shall be placed only upon such business frontage. 2. Aggregate Number of Signs. The aggre- gate number of signs for each business shall be two signs for each business. 3. Material. No sign in the C-1-D zone shall use plastic as part of the exterior visual effects of the sign. 4. Aggregate Area of Signs. The aggregate area of all signs established by and located on a given street frontage shall not exceed an area equal to one square foot for each lineal foot of street frontage. Aggregate area shall not include name- plates, and real estate and construction signs. B. Permitted Wall Signs. 1. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. 2. Area. Buildings with two or fewer busi- ness frontages shall be permitted one square foot of sign area for each lineal foot of business frontage. For the third and subsequent business frontage on a single building, the business shall be permitted one square foot of sign area for every two lineal feet of business frontage. The maximum sign area on any single business frontage shall not exceed 60 square feet. Business frontages of three or more, on a single building, shall comply with all of the following standards established in chapter ASHLAND LAND USE ORDINANCE 18.4.7.070 18.4-123 18.4.2 Building Placement, Orientation, and De- sign. a. A pedestrian entrance designed to be at- tractive and functional, and open to the public dur- ing all business hours. b. The pedestrian entrance shall be ac- cessed from a walkway connected to a public side- walk. 3. Projection. Signs may project a maximum of two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any por- tion lower than eight feet may only project four inches. 4. Extension Above Roofline. Signs shall not project above the roof or eave line of the building. C. Permitted Ground Signs. 1. Number. One sign, in lieu of a wall sign, shall be permitted for each lot with a street frontage in excess of 50 lineal feet. Corner lots can count one street frontage. Two or more parcels of less than 50 feet may be combined for purposes of meeting the foregoing standard. 2. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of 60 square feet per sign. 3. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also com- ply with the vision clearance area requirements of section 18.2.4.040. 4. Height. No ground sign shall be in excess of five feet above grade. D. Permitted Marquee or Awning Signs. 1. Number. A maximum of two signs shall be permitted for each business frontage in lieu of wall signs. 2. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. 3. Projection. Signs shall not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee. 4. Height. Signs shall have a maximum face height of nine inches if placed below the marquee. 5. Clearance Above Grade. The lowest por- tion of a sign attached to a marquee shall not be less than 7 ½ feet above grade. 6. Signs Painted on a Marquee. Signs can be painted on the marquee in lieu of wall signs pro- vided the signs do not exceed the permitted aggre- gate sign area not taken up by wall signs. E. Permitted Projection Signs. 1. Number. One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign. 2. Area. Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 15 square feet. 3. Projection. Signs may project from the face of the building to which they are attached a maximum of two feet if located eight feet above grade, or three feet if located nine feet above grade or more. 4. Height and Extension Above Roof Line. Signs shall not extend above the roofline, eave or parapet wall of the building to which they are at- tached, or be lower than eight feet above grade. 5. Limitation on Placement. No projecting sign shall be placed on any frontage on an arterial street as designated in the Comprehensive Plan. F. Permitted Three-Dimensional Signs. 1. Number. One three-dimensional sign shall be permitted for each lot in lieu of one three- square foot incidental sign otherwise allowed per 18.4.7.040.G. 2. Surface Area. Flat surfaces in excess of two square feet shall count toward the total aggre- gate sign area per 18.4.7.070.A.4. 3. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises on which such sign is located into the public right-of-way unless the sign is attached to the face of the build- ing and located eight feet above grade, or the sign is attached to a marquee with the lowest portion of the sign not less than 7 ½ feet above grade not pro- jecting beyond, or above, the face of the marquee. 18.4.7.070 SIGNS 18.4-124 18.4.7.080 4. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of three feet. 5. Volume. The volume of the three-dimen- sional sign shall be calculated as the entire volume within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not exceed three cubic feet. For the purposes of calculating volume the minimum dimension for height, width, or depth shall be considered one foot. 6. Materials. The three-dimensional signs shall be constructed of metal, wood, bronze, con- crete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent cor- rosion or reflective glare. Three-dimensional signs shall not be constructed of plastic. Three-dimen- sional signs shall not be internally illuminated or contain any electrical component. G. Permitted Portable Business Signs. 1. Number. One portable business sign, lim- ited to sandwich boards, pedestal signs, ‘A’ frame signs, flags, and wind signs, shall be allowed on each lot excepting that buildings, businesses, shopping centers, and business complexes with permanent ground signs shall not be permitted to have portable signs. 2. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs established in 18.4.7.040.G. Signs shall not exceed an area of four square feet per face including any border or trim, and there shall be no more than two faces. 3. Height. Sandwich board signs and ‘A’ frame signs shall not extend more than three feet above the ground on which it is placed. Pedestal signs shall not extend more than four feet above the ground on which it is placed. A freestanding wind sign shall not extend more than five feet above the ground on which it is placed. 4. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Portable signs shall be located within ten feet of the business entrance and shall not be placed on public right-of-way. No portable busi- ness sign shall be constructed and placed so as to interfere with pedestrian ingress and egress as reg- ulated within AMC Title 13. 5. General Limitations. Signs shall be an- chored, supported, or designed as to prevent tip- ping over, which reasonably prevents the possibility of signs becoming hazards to public health and safety. Signs shall not be constructed of plastic, illuminated, or contain any electrical com- ponent. No objects shall be attached to a portable sign such as but not limited to balloons, banners, merchandise, and electrical devices. Portable busi- ness signs shall be removed at the daily close of business. These signs are prohibited while the business is closed. Commercial, Health Care, Employment, Croman Mill and Industrial Zones Signs in the C-1, HC, E-1, CM, and M-1 zones, excepting the C-1-D zone and the Freeway Sign Overlay, shall conform to the following regula- tions. A. Special Provisions. 1. Frontage. The number and use of signs al- lowed by virtue of a given business frontage shall be placed only upon such business frontage. 2. Aggregate Number of Signs. The aggre- gate number of signs for each business shall be two signs for each business frontage. 3. Aggregate Area of Signs. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal to one square foot of sign area for each lineal foot of street frontage. Aggregate area shall not in- clude nameplates, and temporary real estate and construction signs. B. Permitted Wall Signs. 1. Number. Two signs per building frontage shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign. 2. Area. Buildings with two or fewer busi- ness frontages shall be permitted one square foot of sign area for each lineal foot of business frontage. For the third and subsequent business frontages on a single building, the business shall be permitted one square foot of sign area for every two lineal feet of business frontage. The maximum sign area on any single business frontage shall not exceed 60 square feet. Business frontages of three or more, on a single building, shall comply with the all of the following criteria established in chap- ASHLAND LAND USE ORDINANCE 18.4.7.080 18.4-125 ter 18.4.2 Building Placement, Orientation, and Design. a. A pedestrian entrance designed to be at- tractive and functional, and open to the public dur- ing all business hours. b. The pedestrian entrance shall be ac- cessed from a walkway connected to a public side- walk. 3. Projection. Except for marquee or awning signs, a projecting sign may project a maximum of two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any por- tion lower than eight feet can only project four inches. 4. Extension Above Roofline. Signs may not project above the roof or eave line of the building. C. Permitted Ground Signs. 1. Number. One sign shall be permitted for each lot with a street frontage in excess of 50 lineal feet. Corner lots can count both street frontages in determining the lineal feet of the street frontage but only one ground sign is permitted on corner lots. Two or more parcels of less than 50 feet may be combined for purposes of meeting the forego- ing standard. 2. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of 60 square feet per sign. 3. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also com- ply with the vision clearance area requirements in section 18.2.4.040. 4. Height. No ground sign shall be in excess of five feet above grade. D. Permitted Awning or Marquee Signs. 1. Number. Two signs shall be permitted for each business frontage in lieu of wall signs. 2. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. 3. Projection. Signs may not project beyond the face of the marquee if suspended or above or below the face of the marquee if attached to and parallel to the face of the marquee. 4. Height. Signs shall have a maximum face height of nine inches if attached to the marquee. 5. Clearance Above Grade. The lowest por- tion of a sign attached to a marquee shall not be less than 7 ½ above grade. 6. Signs Painted on a Marquee. Signs can be painted on the marquee in lieu of wall sign pro- vided the signs do not exceed the permitted aggre- gate sign area not taken up by wall signs. E. Permitted Portable Business Signs. 1. Number. One portable business sign, lim- ited to sandwich boards, pedestal signs, ‘A’ frame signs, flags, and wind signs, shall be allowed on each lot excepting that buildings, businesses, shopping centers, and business complexes with permanent ground signs shall not be permitted to have portable signs. 2. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs established in 18.4.7.040.G. Signs shall not exceed an area of four square feet per face including any border or trim, and there shall be no more than two faces. 3. Height. Sandwich board signs and ‘A’ frame signs shall not extend more than three feet above the ground on which it is placed. Pedestal signs shall not extend more than four feet above the ground on which it is placed. A freestanding wind sign shall not extend more than five feet above the ground on which it is placed. 4. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Portable signs shall be located within ten feet of the business entrance and shall not be placed on public right-of-way. No portable busi- ness sign shall be constructed and placed so as to interfere with pedestrian ingress and egress as reg- ulated within AMC Title 13. 5. General Limitations. Signs shall be an- chored, supported, or designed as to prevent tip- ping over, which reasonably prevents the possibility of signs becoming hazards to public health and safety. Signs shall not be constructed of plastic, illuminated, or contain any electrical com- ponent. No objects shall be attached to a portable sign such as but not limited to balloons, banners, merchandise, and electrical devices. Portable busi- ness signs shall be removed at the daily close of business. These signs are prohibited while the business is closed. 18.4.7.080 SIGNS 18.4-126 18.4.7.090 18.4.7.100 F. Permitted Three-Dimensional Signs. 1. Number. One three-dimensional sign shall be permitted for each lot in lieu of one three- square foot incidental sign otherwise allowed per 18.4.7.040.G. 2. Surface Area. Flat surfaces in excess of two square feet shall count toward the total aggre- gate sign area per 18.4.7.080.A.3. 3. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises on which such sign is located into the public right-of-way unless the sign is attached to the face of the build- ing and located eight feet above grade, or the sign is attached to a marquee with the lowest portion of the sign not less than 7 ½ above grade not project- ing beyond, or above, the face of the marquee. 4. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of three feet. 5. Volume. The volume of the three-dimen- sional sign shall be calculated as the entire volume within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not exceed three cubic feet. For the purposes of calculating volume the minimum dimension for height, width, or depth shall be considered one foot. 6. Materials. The three-dimensional signs shall be constructed of metal, wood, bronze, con- crete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent cor- rosion or reflective glare. Three-dimensional signs shall not be constructed of plastic. Three-dimen- sional signs shall not be internally illuminated or contain any electrical component. Freeway Sign Overlay A. Purpose. This special overlay zone is in- tended to provide for and regulate certain ground signs that identify businesses in commercial zones located at freeway interchanges. B. Establishment and Location of Freeway Sign Overlay. The Freeway Sign overlay shall be depicted on the official zoning map of the City and identified as the Freeway Sign Zone. C. Freeway Sign Overlay Regulations. All signs in this overlay shall comply with section 18.4.7.080, except for ground signs, which shall comply with the provisions of 18.4.7.090.D, Ground Sign Regulations. D. Ground Sign Regulations. 1. Number. One freeway sign shall be per- mitted for each lot in addition to the signs allowed by section 18.4.7.080. 2. Area. Signs shall not exceed an area of 100 square feet per sign. 3. Height. Signs shall not exceed a height of 2,028 feet above mean sea level. Construction and Maintenance Standards A. Materials of Construction. 1. Single and Multi-Family Residential Zones. All signs and their supporting member may be constructed of any material subject to the pro- visions of this chapter. 2. Commercial and Industrial Zones. All signs and their supporting members shall be con- structed of non-combustible materials or fire-re- tardant treated wood which maintains its fire-resistive qualities when tested in accordance with the rain and weathering tests of the Building Code, unless otherwise provided in this section. 3. Non-Treated Signs. All wall, ground, mar- quee, and projecting signs of twenty square feet or less may be constructed of non-treated wood. 4. Real Estate and Construction Signs. All signs may be constructed of compressed wood par- ticle board or other material of similar fire resistiv- ity. 5. Directly Illuminated Signs. All signs illu- minated from within may be faced with plastics approved by the Building Code. 6. Glass. All glass used in signs shall be shat- ter-resistant, or covered by a shatter-resistant ma- terial. 7. Wood. Wood in contact with the ground shall be foundation-grade redwood, foundation- grade cedar, all heartwood cypress, or any species of wood that has been pressure-treated with an ap- proved preservative. Trim and backing strips may be constructed of wood. B. Construction Methods. 1. All signs shall be constructed of such ma- terials or treated in such manner that normal weathering will not harm, deface or otherwise af- fect the sign. ASHLAND LAND USE ORDINANCE 18.4.7.100 18.4-127 18.4.7.110 18.4.7.120 18.4.7.130 2. All letters, figure, and similar message el- ements shall be safely and securely attached to the sign structure. 3. All signs shall be designed and con- structed to resist the applicable wind loads set forth in the Building Code. C. Maintenance. All signs shall be maintained at all times in a state of good repair, and no person shall maintain or permit to be maintained on any premises owned or controlled by him/her, any sign which is in a sagging, leaning, fallen, decayed, de- teriorated, or other dilapidated or unsafe condition. Nonconforming Signs Any sign that does not conform to a provision of chapter 18.4.7 and has been in existence for more than five years is subject to the requirements of this section, as follows. A. Alteration of Any Existing Nonconforming Sign. It is unlawful to alter any existing nonconforming sign. The sign must be brought into conformance with this ordinance upon any physical alteration. Acts of God or van- dalism which damage these nonconforming signs shall be exempt from this section, if the cost of the repair is less than 50 percent of the cost of replac- ing the sign with a conforming sign. However, the signs must be restored to their original design and a Sign Permit is required prior to the repair work. B. Land Use Actions Requiring Conformance. Any nonconforming sign used by a business, shopping center, or business complex must be brought into conformance prior to any expansion or change in use that requires a Site Design Review or Conditional Use Permit. All nonconforming signs must be brought into confor- mance with chapter 18.4.7, the same provisions as are required for new signs. No building permits for new construction may be issued until this provi- sion is complied with. C. Sign Variances. Variances can be granted to this section using the variance procedure of chap- ter 18.5.5 to alleviate unusual hardships or ex- traordinary circumstances that exist in bringing nonconforming signs into conformity. Governmental Signs Governmental agencies may apply for a Condi- tional Use Permit to place a sign that does not con- form to this chapter when it is determined that, in addition to meeting the criteria for a conditional use, the sign is necessary to further that agency's public purpose. Historic Signs A. Historic Sign Inventory. The inventory of historically significant signs shall be established by resolution of the City Council. B. Criteria for Designation of Historic Signs. All signs for which designation as a His- toric Sign are requested shall be substantially in existence at the time of the application; shall be displayed in their original location; shall be in as- sociation with an important event, person, group, or business in the history of Ashland; shall follow a guideline of being in existence for approximately 40 years; and shall meet one of the following cri- teria. 1. The sign is exemplary of technology, craftsmanship, or design of the period when it was constructed, uses historic sign materials or means of illumination, and is not significantly altered from its historic period. If the sign has been al- tered, it must be restorable to its historic appear- ance. 2. The sign is integrated into the architecture of the building and is exemplary of a historically significant architectural style. C. Procedure for Designating Historic Signs. The owner of any sign may request that said sign be reviewed for significance in the Historic Sign Inventory upon written application to the City Council. Application fees shall be the same as for Type II applications. Applications shall include written findings addressing the criteria for desig- nation of historic signs, and current and historic photographs of the sign, if available. 1. The City Council shall refer all requests for inclusion on the Historic Sign Inventory to the Historic Commission for review and recommenda- tion to the Council within 30 days of the request. Notice of the Historic Commission meeting shall be mailed to all affected property owners within 100 feet of the subject property. If a recommenda- tion is not made within 30 days, the request shall be forwarded to the Council without a recommen- dation. 2. The City Council shall, after receiving the recommendation of the Historic Commission or after 30 days, provide notice to all affected prop- 18.4.7.110 SIGNS 18.4-128 erty owners within 100 feet of the subject property of a public hearing before the Council. 3. The City Council shall decide, based on the criteria above and the recommendation of the Historic Commission, whether to approve the re- quest to include the sign on the inventory. 4. Inclusion on the Historic Sign Inventory shall be by resolution of the City Council. 5. The burden of proof shall be on the appli- cant. D. Historic Signs Exempt from Certain Requirements. Signs on the Historic Sign Inven- tory in any zone shall be exempt from the re- quirements of chapter 18.4.7, except subsections 18.4.7.030.E and 18.4.7.110.C. Also, that the sign area of the historic sign is exempted from the total allowable sign area, as defined in this section, ex- cept as modified by City Council conditions in E. below. E. Conditions on Historic Signs. The City Council shall have the authority to impose con- ditions regulating area, maintenance, etc. on the signs included in the Historic Sign Inventory to further the purpose and intent of chapter 18.4.7. F. Removal or Demolition. Removal or demo- lition of a Historic Sign shall be done under per- mit and approval of the Staff Advisor. The Historic Commission shall review the permit at their next regularly scheduled meeting and shall have the au- thority to delay issuance for 30 days from the date of their review meeting. Such delay shall be to al- low the Commission the opportunity to discuss al- ternate plans for the sign with the applicant. G. Involuntary Damage or Destruction. Signs on the Historic Sign Inventory, which have been destroyed or damaged by fire or other calamity, by act of God or by public enemy to an extent greater than 50 percent, may be recon- structed in an historically accurate manner. Such reconstruction shall be authorized by the City Council, only after determination that the recon- struction will be an accurate duplication of the historic sign, based on review of photographic or other documentary evidence specifying the his- toric design. The Historic Commission shall re- view and make recommendations to the Council on all such reconstructions. H. Maintenance and Modification of Historic Signs. 1. All parts of the historic sign, including but not limited to neon tubes, incandescent lights and shields, and sign faces, shall be maintained in a functioning condition as historically intended for the sign. Replacement of original visible compo- nents with substitutes to retain the original ap- pearance shall be permitted provided such replacements accurately reproduce the size, shape, color, and finish of the original. Failure to maintain the sign in accord with this section shall be grounds for review of the historic sign designation by the City Council. 2. Modifications of a historic sign may be al- lowed, after review by the Historic Commission and approval by the City Council, only if such modifications do not substantially change the his- toric style, scale, height, type of material, or di- mensions of the historic sign, and does not result in a sign which does not meet the criteria for des- ignation as a historic sign. 3. Changes in the location of a historic sign may be allowed, after review by the Historic Com- mission and approval by the City Council, only if such locational change does not result in the sign no longer meeting the criteria for designation as a historic sign. ASHLAND LAND USE ORDINANCE 18.4.7.130 18.4-129 18.4.8.010 18.4.8.020 18.4.8.030 18.4.8.040 18.4.8.050 18.4.8.060 18.4.8.070 18.4.8.010 18.4.8.020 Chapter 18.4.8 SOLAR ACCESS Sections: Purpose. Applicability. Solar Setbacks. Solar Access Performance Standard. Solar Orientation Standards. Solar Access Permit for Protection from Shading by Vegetation. Effect and Enforcement. Purpose The purpose of this chapter is to provide protec- tion of a reasonable amount of sunlight from shade from structures and vegetation whenever feasible to all parcels in the City to preserve the economic value of solar radiation falling on structures, in- vestments in solar energy systems, and the options for future uses of solar energy. Applicability A. Lot Classifications. All lots shall meet the provisions of this section and will be classified ac- cording to the following formulas and table. 1. Standard A Lots. Lots with a north-south lot dimension exceeding that calculated by For- mula I and zoned for residential uses shall be re- quired to meet setback standard A in subsection 18.4.8.030.A. See definition of north-south lot di- mension in part 18.6. Minimum N/S lot dimension for Formula I = 30' 0.445 + S Where: S is the decimal value of slope, as de- fined in part 18.6. 2. Standard B Lots. Those lots with a north- south lot dimension that is less than that calculated by Formula I but greater than that calculated by Formula II, any lot zoned C-1, E-1, or M-1 and not exempt by subsection 18.4.8.020.B, or a lot not abutting a residential zone to the north, shall be required to meet setback standard B in subsection 18.4.8.030.B. See definition of north-south lot di- mension in part 18.6. Minimum N/S lot dimension for Formula II = 10' 0.445 + S 3. Standard C Lots. Those lots with a north- south lot dimension that is less than that calculated by Formula II shall be required to meet setback standard C in subsection 18.4.8.030.C. See defini- tion of north-south lot dimension in part 18.6. Table 18.4.8.020.A. Lot Classification Standards Slope -.30 -.25 -.20 -.15 -.10 -.05 0.0 .05 .10 .15 .20 STD A 207 154 122 102 87 76 67 61 55 50 46 STD B 69 51 41 34 29 25 22 20 18 17 15 B. Exemptions. 1. Architectural Projections. Rooftop archi- tectural features a maximum of four feet in width, such as chimneys and vent pipes, and light poles and flag poles shall be exempt from the setback standards in section 18.4.8.030. 2. Steep Slopes. Any lot with a slope of greater than 30 percent in a northerly direction, as defined by this ordinance, shall be exempt from the setback standards in section 18.4.8.030. 3. Zones. Any lot in the C-1-D, CM, and NM-C zones, and properties in the C-1 zone not abutting a residential zone, shall be exempt from the setback standards in section 18.4.8.030. 4. Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the northern lot line at noon on December 21, that is greater than the shadow allowed by the re- quirements of this section, a structure on that lot may cast a shadow at noon on December 21, that is not higher or wider at the northern lot line than the shadow cast by the existing structure or topo- graphical feature. This exemption does not apply to shade caused by vegetation. 18.4.8.010 SOLAR ACCESS 18.4-130 a. Actual Shadow Height. If the applicant demonstrates that the actual shadow that would be cast by the proposed structure at noon on Decem- ber 21 is no higher than that allowed for that lot by the provisions of this section, the structure shall be approved. Refer to Table 18.4.8.020.B.4.a, below, for actual shadow lengths. Table 18.4.8.020.B.4.a. Actual Shadow Length (at solar noon on December 21st) Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 0.00 0.05 0.10 0.15 8 * 55 41 33 27 23 20 18 16 15 13 10 * 69 51 41 34 29 25 22 20 18 17 12 * 83 61 49 41 35 30 27 24 22 20 14 * 96 72 57 47 41 35 31 28 26 24 16 * 110 82 65 54 46 40 36 32 29 27 18 * 124 92 73 61 52 46 40 36 33 30 20 * 138 102 82 68 58 51 45 40 37 34 22 * 151 113 90 75 64 56 49 44 40 37 24 * 165 123 98 81 70 61 54 48 44 40 26 * 179 133 106 88 75 66 58 53 48 44 28 * 193 143 114 95 81 71 63 57 51 47 30 * 207 154 122 102 87 76 67 61 55 50 32 * 220 164 130 108 93 81 72 65 59 54 34 * 234 174 139 115 98 86 76 69 62 57 36 * 248 184 147 122 104 91 81 73 66 60 38 * 262 195 155 129 110 96 85 77 70 64 40 * 275 205 163 135 116 101 90 81 73 67 5. Structures within cottage housing devel- opments meeting the standards in section 18.2.3.090, that cast their shadows entirely within the parent parcel of the cottage housing develop- ment, shall be exempt from the setback standards in section 18.4.8.030 provided they do not cast a shadow upon the roof of a dwelling within the cot- tage housing development. C. Exceptions and Variances. Requests to de- part from section 18.4.8.030, Solar Setbacks, are subject to subsection 18.4.8.020.C.1, Solar Set- back Exception, below. Deviations from the stan- dards in section 18.4.8.050, Solar Orientation Standards, are subject to subsection 18.5.2.050.E, Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to sec- tion 18.5.1.050 may approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the re- quirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties’ deed, a release ASHLAND LAND USE ORDINANCE 18.4.8.020 18.4-131 18.4.8.030 form supplied by the City containing all of the fol- lowing information: i. The signatures of all owners or regis- tered leaseholders holding an interest in the prop- erty in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that par- ticular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circum- stances that apply to this site which do not typi- cally apply elsewhere. (Ord. 3147 § 8, amended, 11/21/2017) Solar Setbacks A. Setback Standard A. This setback is de- signed to ensure that shadows are no greater than six feet at the north property line. Buildings on lots which are classified as standard A, pursuant to subsection 18.4.8.020.A.1, shall be set back from the northern lot line according to the following for- mula. SSB = H - 6' 0.445 + S Where: SSB = the minimum distance in feet that the tallest shadow producing point which creates the longest shadow onto the northerly property must be set back from the northern property line. See definition of northern property line in part 18.6. H = the height in feet of the highest shade pro- ducing point of the structure which casts the longest shadow beyond the northern property line. See definition of highest shade producing point in part 18.6. S = the slope of the lot, as defined in this chap- ter. Table 18.4.8.030.A. Setback Standard “A” Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 -0.00 0.05 0.10 0.15 8 * 14 10 8 7 6 5 4 4 4 3 10 * 28 20 16 14 12 10 9 8 7 7 12 * 41 31 24 20 17 15 13 12 11 10 14 * 55 41 33 27 23 20 18 16 15 13 16 * 69 51 41 34 29 25 22 20 18 17 18 * 83 61 49 41 35 30 27 24 22 20 20 * 96 72 57 47 41 35 31 28 26 24 22 * 110 82 65 54 46 40 36 32 29 27 24 * 124 92 73 61 52 46 40 36 33 30 26 * 138 102 82 68 58 51 45 40 37 34 28 * 151 113 90 75 64 56 49 44 40 37 18.4.8.030 SOLAR ACCESS 18.4-132 Table 18.4.8.030.A. Setback Standard “A” (continued) Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 -0.00 0.05 0.10 0.15 30 * 165 123 98 81 70 61 54 48 44 40 32 * 179 133 106 88 75 66 58 53 48 44 34 * 193 143 114 95 81 71 63 57 51 47 36 * 207 154 122 102 87 76 67 61 55 50 38 * 220 164 130 108 93 81 72 65 59 54 40 * 234 174 139 115 98 86 76 69 62 57 B. Setback Standard B. This setback is de- signed to ensure that shadows are no greater than 16 feet at the north property line. Buildings for lots which are classified as standard B, pursuant to subsection 18.4.8.020.A.2, shall be set back from the northern lot line as set forth in the following formula: SSB = H - 16' 0.445 + S Table 18.4.8.030.B. Setback Standard “B” Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 0.00 0.05 0.10 0.15 8 * 0 0 0 0 0 0 0 0 0 0 10 * 0 0 0 0 0 0 0 0 0 0 12 * 0 0 0 0 0 0 0 0 0 0 14 * 0 0 0 0 0 0 0 0 0 0 16 * 0 0 0 0 0 0 0 0 0 0 18 * 14 10 8 7 8 5 4 4 4 3 20 * 28 20 16 14 12 10 9 8 7 7 22 * 41 31 24 20 17 15 13 12 11 10 24 * 55 41 33 27 23 20 18 16 15 13 26 * 69 51 54 34 29 25 22 20 18 17 28 * 83 61 49 41 35 30 27 24 22 20 ASHLAND LAND USE ORDINANCE 18.4.8.030 18.4-133 Table 18.4.8.030.B. Setback Standard “B” (continued) Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 0.00 0.05 0.10 0.15 30 * 96 72 57 47 41 35 31 28 26 24 32 * 110 82 65 54 46 40 36 35 29 27 34 * 124 92 73 61 52 46 40 36 33 30 36 * 138 102 82 68 58 51 45 40 37 34 38 * 151 113 90 75 64 56 49 44 40 37 40 * 165 123 98 81 70 61 54 48 44 40 C. Setback Standard C. This setback is de- signed to ensure that shadows are no greater than 21 feet at the north property line. Buildings on lots which are classified as standard C, pursuant to subsection 18.4.8.020.A.3, shall be set back from the northern lot line according to the following for- mula: SSB = H - 21' 0.445 + S Table 18.4.8.030.C. Setback Standard “C” Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 0.00 0.05 0.10 0.15 8 * 0 0 0 0 0 0 0 0 0 0 10 * 0 0 0 0 0 0 0 0 0 0 12 * 0 0 0 0 0 0 0 0 0 0 14 * 0 0 0 0 0 0 0 0 0 0 16 * 0 0 0 0 0 0 0 0 0 0 18 * 0 0 0 0 0 0 0 0 0 0 20 * 0 0 0 0 0 0 0 0 0 0 22 * 7 5 4 3 3 3 2 2 2 2 24 * 21 15 12 10 9 8 7 6 6 6 26 * 34 26 20 17 14 13 11 10 9 8 18.4.8.030 SOLAR ACCESS 18.4-134 18.4.8.040 18.4.8.050 18.4.8.060 Table 18.4.8.030.C. Setback Standard “C” (continued) Height in feet Slope -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 0.00 0.05 0.10 0.15 28 * 48 36 29 24 20 18 16 14 13 12 30 * 62 46 37 30 26 23 20 18 17 15 32 * 76 56 45 37 32 28 25 22 20 18 34 * 90 67 53 44 38 33 29 26 24 22 36 * 103 77 61 51 43 38 34 30 28 25 38 * 117 87 69 58 49 43 38 34 31 29 40 * 131 97 77 64 55 48 43 38 35 32 (Ord. 3147 § 8, amended, 11/21/2017) Solar Access Performance Standard A. Assignment of Solar Factor. Land divi- sions which create new lots shall be designed to permit the location of a 21-foot high structure with a setback which does not exceed 50 percent of the lot's north-south lot dimension pursuant to the fol- lowing standards. 1. Lots having north facing (negative) slopes of less than 15 percent (e.g., ten percent) and which are zoned for residential uses shall have a north-south lot dimension equal to or greater than that calculated by using Formula I in 18.4.8.020.A.1. 2. Lots having north facing (negative) slopes equal to or greater than 15 percent (e.g., 20 per- cent) or are zoned for non-residential uses shall have a north-south lot dimension equal to or greater than that calculated by using Formula II in 18.4.8.020.A.2. B. Solar Envelope. If the applicant chooses not to design a lot so that it meets the standards set forth in subsection A, above, a solar envelope shall be used to define the height requirements that will protect the applicable solar access standard. The solar envelope and written description of its effects shall be filed with the land partition or subdivision plat for the lot(s). C. Lots Affected By Solar Envelopes. All structures on a lot affected by a solar envelope shall comply with the height requirements of the solar envelope. Solar Orientation Standards Land divisions which create lots in residential zones shall meet the following solar orientation standards. A. Street and Lot Orientation. Where the site and location permit, layout new streets as close as possible to a north-south and east-west axis so that lots and buildings within the street network have south facing sides for maximum solar access. B. Building Orientation. Where the site and location permit, orient buildings so that the long sides of the structure face north and south. Solar Access Permit for Protection from Shading by Vegetation A. Purpose. Solar Access Permits are intended to provide solar energy systems protection from shading by vegetation. The setback provisions of this chapter protect shading by buildings. ASHLAND LAND USE ORDINANCE 18.4.8.060 18.4-135 B. Applicability. Any property owner may ap- ply for a Solar Access Permit from the Staff Advi- sor. 1. No Solar Access Permit may be filed which would restrict any lot which has an average slope of 15 percent or more in the northerly direc- tion. 2. A Solar Access Permit becomes void if the use of the solar energy system is discontinued for more than 12 consecutive months or if the solar energy system is not installed and operative within 12 months of the filing date of the Solar Access Permit. The applicant may reapply for a Solar Ac- cess Permit in accordance with section 18.4.8.060, and the application fee shall be waived. C. Application Submission Requirements. The applicant is responsible for the accuracy of all information provided in the application. The appli- cation shall be in such form as the Staff Advisor may prescribe, but at a minimum shall include the following. 1. The required fee. 2. The applicant's name and address, the owner's name and address, and the tax lot number of the property where the proposed solar energy system is to be located. 3. A statement by the applicant that the solar energy system is already installed or that it will be installed on the property within one year following the granting of the permit. 4. The proposed site and location of the solar energy system, its orientation with respect to true south, and its slope from the horizontal shown clearly in drawing form. 5. A sun chart. The sunchart must contain at a minimum the southern skyline as seen through a grid which plots solar altitude for a 42 degree northern latitude in ten degree increments and so- lar azimuth measured from true south in 15 degree increments. If the solar energy system is less than 20 feet wide, a minimum of one sunchart must be taken from the bottom edge of the center of the solar energy system. If the solar energy system is greater than 20 feet wide, a minimum of two sun- charts must be taken, one from the bottom edge of each end of the solar energy system. 6. The tax lot numbers of a maximum of ten adjacent properties proposed to be subject to the Solar Access Permit. A parcel map of the owner's property showing such adjacent properties with the location of existing buildings and vegetation, with all exempt vegetation labeled exempt. 7. The Solar Access Permit height limita- tions as defined in section 18.4.8.040 of this or- dinance, for each affected property which are necessary to protect the solar energy system from shade during solar heating hours. In no case shall the height limitations of the Solar Access Permit be more restrictive than the building setbacks. C. If the application is complete and complies with this ordinance, the Staff Advisor shall accept the Solar Access Permit and notify the applicant. D. Notice. The Staff Advisor shall send notice by certified letter, return receipt requested, to each owner of property proposed to be subject to the Solar Access Permit. The letter shall contain, at a minimum, the following information. 1. The name and address of the applicant. 2. A statement that an application for a Solar Access Permit has been filed. 3. Copies of the solar energy system location drawing, sunchart, and parcel map submitted by the applicant. 4. A statement that the Solar Access Permit, if granted, imposes on them duties to trim vegeta- tion at their expense. 5. The advisability of obtaining photo- graphic proof of the existence of trees and large shrubs. 6. The times and places where the applica- tion may be viewed. 7. Telephone number and address of the City departments that will provide further information. 8. That any adversely affected person may object to the issuance of the permit by a stated time and date, and how and where the objection must be made. E. Effective Date of Decision. 1. If no objections are filed within 30 days following the date the final certified letter is mailed, the Staff Advisor shall issue the Solar Ac- cess Permit. 2. If any adversely affected person or gov- ernmental unit files a written objection with the Staff Advisor within the specified time, and if the objections still exist after informal discussions among the objector, appropriate City Staff, and the applicant, a hearing date shall be set and a 18.4.8.060 SOLAR ACCESS 18.4-136 18.4.8.070 hearing held in accordance with the provisions of 18.4.8.060.F. F. Hearing Procedure. 1. The Staff Advisor shall send notice of the hearing on the permit application to the applicant and to all persons originally notified of the Solar Access Permit application, and shall otherwise fol- low the procedures for a Type II hearing in section 18.5.1.060. 2. The Staff Advisor shall consider the mat- ters required for applications set forth in 18.4.8.060 on which the applicant shall bear the burden of proof, and the following factor on which the objector shall bear the burden of proof: A showing by the objector that the proposed solar en- ergy system would unreasonably restrict the plant- ing of vegetation on presently under-developed property. a. If the objector is unable to prove these circumstances and the applicant makes the show- ings required by 18.4.8.020.C.1, the Staff Advisor shall approve the permit. b. If the applicant has failed to show all structures or vegetation shading of the proposed solar energy system location in his application, the Staff Advisor may approve the permit while adding the omitted shading structures or vegeta- tion as exemptions from this chapter. c. If the objector shows that an uncondi- tional approval of the application would unrea- sonably restrict development of the objector's presently under-developed property, the Staff Ad- visor may approve the permit, adding such ex- emptions as are necessary to allow for reasonable development of the objector's property. d. If the Staff Advisor finds that the ap- plication contains inaccurate information that sub- stantially affects the enforcement of the Solar Access Permit, the application shall be denied. Effect and Enforcement A. Solar Setback. No City department shall is- sue any development permit purporting to allow the erection of any structure in violation of the set- back provisions of this chapter. B. Solar Access Permit for Protection from Shading by Vegetation. 1. No person owning or in control of prop- erty shall allow vegetation to be placed or if placed to grow on such property in such a manner as to shade a solar energy system protected by a Solar Access Permit on the property of another unless the vegetation is specifically exempted by the per- mit or by this ordinance. 2. If vegetation is not trimmed as required or is permitted to grow contrary to a Solar Access Permit, the owner of property with a Solar Access Permit or the City, on complaint by such owner, shall give notice of the shading by certified mail, return receipt requested, to the owner of the prop- erty where the shading vegetation is located. If the property owner fails to remove the shading veg- etation within 30 days after receiving this notice, an injunction may be issued upon complaint of the owner or the City by any court of jurisdiction. The injunction may order the owner to trim the vegeta- tion, and the court shall order the violating owner to pay any damages to the complainant, to pay court costs, and to pay the complainant reasonable attorney's fees incurred during trial and/or appeal. 3. If personal jurisdiction cannot be obtained over either the offending property owner or lessee, the City may have a notice listing the property by owner, address, and legal description published once a week for four consecutive weeks in a news- paper of general circulation within the City, giving notice that vegetation located on the property is in violation of this ordinance and is subject to manda- tory trimming. The City shall then have the power, pursuant to court order, to enter the property, trim or cause to have trimmed the shading parts of the vegetation, and add the costs of the trimming, court costs and other related costs as a lien against that property. 4. In addition to the above remedies, the shading vegetation is declared to be a public nui- sance and may be abated through AMC Title 9. 5. Where the property owner contends that particular vegetation is exempt from trimming re- quirements, the burden of proof shall be on the property owner to show that an exemption applies to the particular vegetation. ASHLAND LAND USE ORDINANCE 18.4.8.070 18.4-137 18.4.9.010 18.4.9.020 18.4.9.030 18.4.9.040 18.4.9.010 18.4.9.020 18.4.9.030 18.4.9.040 Chapter 18.4.9 DISC ANTENNAS Sections: Purpose. Applicability. Building Permit Required. Development Standards. Purpose Chapter 18.4.9 contains standards for installa- tion of disc antennas. The regulations allow for the reasonable use of disc antennas while minimizing aesthetic impacts on adjacent properties and ensur- ing compliance with building codes Applicability A. Chapter 18.4.9 applies to all disc antennas, including antennas exempt from Site Design Re- view in accordance with 18.5.2.020.C and those that are subject to chapter 18.5.2 Site Design Re- view. B. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to subject to 18.5.2.050.E Exception to the Site Development and Design Standards. Building Permit Required All disc antennas shall be subject to review and approval of the Building Official where required by the Building Code. Development Standards All disc antennas shall be located, designed, constructed, treated, and maintained in accordance with the following standards. A. Antennas shall be installed and maintained in compliance with the requirements of the Build- ing Code. B. Disc antennas exceeding one meter in di- ameter shall not be permitted on the roof, except where there is no other location on the lot which provides access to receiving or transmitting sig- nals. In no case shall any part of any antenna be located more than ten feet above the apex of the roof surface. Antennas mounted on the roof shall be located in the least visible location as viewed from adjacent right-of-ways, and residential struc- tures in residential zones. C. No more than one disc antenna shall be per- mitted on each lot, except three or fewer parabolic disc antennas, each under one meter in diameter, are permitted on any one lot in accordance with 18.5.2.020.C.4.b. D. Ground mounted disc antennas shall be erected or maintained to the rear of the main build- ing, except in those instances when the subject property is cul-de-sac or corner lot where the side yard is larger than the rear yard, in which case the antenna may be located in the side yard. Antennas shall not be located in any required setback area. No portion of an antenna array shall extend be- yond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building. E. Antennas may be ground-mounted, free standing, or supported by guy wires, buildings, or other structures in compliance with the manufac- turer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such an- tenna is supported or attached to the wall of a building. F. The antenna, including guy wires, support- ing structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas shall be screened through the ad- dition of architectural features and/or landscaping that harmonize with the elements and character- istics of the property. The materials used in con- structing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Whenever pos- sible, disc antennas shall be constructed out of mesh material and painted a color that will blend with the background. G. Antennas may contain no sign or graphic design as defined in part 18.6, even if the sign is permitted on the property. (Ord. 3155 § 14, amended, 07/17/2018) 18.4.9.010 DISC ANTENNAS 18.4-138 18.4.10.010 18.4.10.020 18.4.10.030 18.4.10.040 18.4.10.010 18.4.10.020 Chapter 18.4.10 WIRELESS COMMUNICATION FACILITIES Sections: Purpose. Applicability. Application Submission Requirements. Design Standards. Purpose The purpose of this section is to establish stan- dards that regulate the placement, appearance, and impact of wireless communication facilities while providing residents with the ability to access and adequately utilize the services that these facilities support. Because of the physical characteristics of wireless communication facilities, the impacts im- posed by these facilities affect not only the neigh- boring residents but also the community as a whole. The standards are intended to ensure that the visual and aesthetic impacts of wireless com- munication facilities are mitigated to the greatest extent possible, especially in or near residential ar- eas. Applicability A. All installation of wireless communication systems shall be subject to the requirements of this section in addition to all applicable Site De- velopment and Design Standards. Installations of wireless communication systems are subject to the following review procedures. Table 18.4.10.020. Review Procedures for Wireless Communication Systems Zoning Designations Attached to Existing Structures Alternative Structures Freestanding Support Structures Residential Zones CUP Prohibited Prohibited C-1 CUP CUP Prohibited C-1-D (Downtown) CUP Prohibited Prohibited C-1 - Freeway overlay Site Review Site Review CUP E-1 Site Review Site Review CUP M-1 Site Review Site Review CUP SOU Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District CUP Prohibited Prohibited A-1 (Airport Overlay) CUP CUP CUP HC (Health Care) CUP Prohibited Prohibited CM-NC CUP CUP CUP CM-OE Site Review Site Review CUP ASHLAND LAND USE ORDINANCE 18.4.10.020 18.4-139 18.4.10.030 Table 18.4.10.020. Review Procedures for Wireless Communication Systems (continued) Zoning Designations Attached to Existing Structures Alternative Structures Freestanding Support Structures CM-CI Site Review Site Review CUP CM-MU CUP CUP CUP CM-OS Prohibited Prohibited Prohibited B. Additional Provisions. 1. In residential zones, wireless communica- tion facilities are permitted on existing structures greater than 45 feet in height. For the purposes of this section, existing structures shall include the replacement of existing pole, mast, or tower struc- tures (such as stadium light towers) for the com- bined purposes of their previous use and wireless communication facilities. 2. In the C-1-D zone, wireless communica- tion facilities are permitted on existing structures with a height greater than 50 feet. 3. With the exception of the C-1-D zone as described above, wireless communication facili- ties are prohibited in the Historic District Overlay, as defined in the Comprehensive Plan. C. Exemptions. Replacement of previously ap- proved antennas and accessory equipment are per- mitted outright with an approved building permit, and are allowed without a Site Design Review or Conditional Use Permit as specified in the preced- ing subsection, provided that these actions meet all of the following requirements. 1. Do not create an increase in the height of the facility. 2. Conform with the conditions of the previ- ously approved planning action. 3. Do not cause the facility to go out of con- formance with the standards of section 18.4.10.040. D. Exceptions and Variances. Requests to de- part from the requirements of this chapter are sub- ject to subject to 18.5.2.050.E Exception to the Site Development and Design Standards. Application Submission Requirements In addition to the submittals required in by chapter 18.5.2 Site Design Review, the following items shall be provided as part of the application for a wireless communication facility. A. A photo of each of the major components of a similar installation, including a photo montage of the overall facility as proposed. B. Exterior elevations of the proposed wireless communication facility at a scale of at least one inch equals ten feet. C. A set of manufacturer’s specifications of the support structure, antennas, and accessory build- ings with a listing of materials being proposed in- cluding colors of the exterior materials. D. A site plan indicating all structures, land uses, and zoning designation within 150 feet of the site boundaries, or 300 feet if the height of the structure is greater than 80 feet. E. A map that includes the following informa- tion. 1. The coverage area of the proposed wire- less communication facility. 2. A map showing the existing and approved wireless communication facility sites operated by the applicant, and all other wireless communica- tion facilities within a five mile radius of the pro- posed site. F. Details and specifications for exterior light- ing. G. A collocation feasibility study that ade- quately indicates collocation efforts were made and states the reasons collocation can or cannot occur addressing the collocation standards in 18.4.10.040.C. 18.4.10.030 WIRELESS COMMUNICATION FACILITIES 18.4-140 18.4.10.040 H. For applications requesting approval of in- stallation of new wireless communication facilities that are not collocated on a structure used by one or more wireless communications providers, the applicant shall submit, along with the standard ap- plication fee, an additional fee to reimburse the City for the cost of having the application mate- rials reviewed by an independent contractor. The contractor must provide objective advice based on professional qualifications and experience in telecommunication/radio frequency engineering, structural engineering, assessment of electromag- netic fields, telecommunications law, and other re- lated fields of expertise. The fee for this independent analysis of application materials shall be in an amount established by resolution of the City Council. I. A copy of the lease agreement for the pro- posed site showing that the agreement does not preclude collocation. J. Documentation detailing the general capac- ity of the tower in terms of the number and type of antennas it is designed to accommodate. K. Any other documentation the applicant feels is relevant to comply with the applicable design standards. L. Documentation that the applicant has held a local community meeting to inform members of the surrounding area of the proposed wireless communication facility. Meeting documentation shall include all of the following. 1. A copy of the mailing list to properties within 300 feet of the proposed facility. 2. A copy of the notice of community meet- ing, mailed one week prior to the meeting. 3. A copy of the newspaper ad placed in a lo- cal paper one week prior to the meeting. 4. A summary of issues raised during the meeting. Design Standards All wireless communication facilities shall be located, designed, constructed, treated, and main- tained in accordance with the following standards. A. General Provisions. 1. All facilities shall be installed and main- tained in compliance with the requirements of the Building Code. At the time of building permit ap- plication, written statements from the Federal Avi- ation Administration (FAA), the Aeronautics Section of the Oregon Department of Transporta- tion, and the Federal Communication Commission (FCC) confirming that the proposed wireless com- munication facility complies with regulations ad- ministered by that agency or that the facility is exempt from regulation. 2. All associated transmittal equipment must be housed in a building, above or below ground level, which must be designed and landscaped to achieve minimal visual impact with the surround- ing environment. 3. Wireless communication facilities shall be exempted from height limitations imposed in each zone. 4. Wireless communication facilities shall be installed at the minimum height and mass neces- sary for its intended use. A submittal verifying the proposed height and mass shall be prepared by a licensed engineer. 5. Lattice towers are prohibited as freestand- ing wireless communication support structures. 6. Signage for wireless communication facil- ities shall consist of a maximum of two non-illu- minated signs, with a maximum of two square feet each, stating the name of the facility operator and a contact phone number. 7. The applicant is required to remove all equipment and structures from the site and return the site to its original condition, or condition as approved by the Staff Advisor, if the facility is abandoned for a period greater than six months. Removal and restoration must occur within 90 days of the end of the six-month period. 8. All new wireless communication support structures shall be constructed so as to allow other users to collocate on the facility. B. Preferred Designs. The following preferred designs are a stepped hierarchy, and the standards shall be applied in succession from subsection a to e, with the previous standard exhausted before moving to the following design alterative. For the purpose of chapter 18.4.10, feasible is defined as capable of being done, executed or effected; pos- sible of realization. A demonstration of feasibility requires a substantial showing that a preferred de- sign can or cannot be accomplished. 1. Collocation. Where possible, the use of existing wireless communication facilities sites for new installations shall be encouraged. Collocation ASHLAND LAND USE ORDINANCE 18.4.10.040 18.4-141 of new facilities on existing facilities shall be the preferred option. Where technically feasible, col- locate new facilities on pre-existing structures with wireless communication facilities in place or on pre-existing towers. 2. Attached to Existing Structure. If (a) above is not feasible, wireless communication fa- cilities shall be attached to pre-existing structures, when feasible. 3. Alternative Structure. If (a) or (b) above are not feasible, alternative structures shall be used with design features that conceal, camouflage, or mitigate the visual impacts created by the pro- posed wireless communication facilities. 4. Freestanding Support Structure. If (1), (2), or (3) listed above are not feasible, a monopole de- sign shall be used with the attached antennas po- sitioned in a vertical manner to lessens the visual impact compared to the antennas in a platform de- sign. Platform designs shall be used only if it is shown that the use of an alternate attached antenna design is not feasible. 5. Lattice towers are prohibited as freestand- ing wireless communication support structures. C. Collocation Standards. 1. The collocation feasibility study shall meet all of the following requirements. a. Document that alternative sites have been considered and are technologically unfeasi- ble or unavailable. b. Demonstrate that a reasonable effort was made to locate collocation sites that meet the applicant’s service coverage area needs. c. Document the reasons collocation can or cannot occur. 2. Relief from collocation under this section may be granted at the discretion of the approval authority if the application and independent third party analysis demonstrate collocation is not fea- sible because one or more of the following condi- tions exist at prospective collocation sites. a. A significant service gap in coverage area. b. Sufficient height cannot be achieved by modifying existing structure or towers. c. Structural support requirements cannot be met. d. Collocation would result in electronic, electromagnetic, obstruction, or other radio fre- quency interference. D. Landscaping. The following standards ap- ply to all wireless communication facilities with any primary or accessory equipment located on the ground and visible from a residential use or the public right-of-way. 1. Vegetation and materials shall be selected and sited to produce a drought resistant landscaped area. 2. The perimeter of the wireless communi- cation facilities shall be enclosed with a security fence or wall. Such barriers shall be landscaped in a manner that provides a natural sight obscuring screen around the barrier to a minimum height of six feet. 3. The outer perimeter of the wireless com- munication facilities shall have a ten foot land- scaped buffer zone ten feet in width. 4. The landscaped area shall be irrigated and maintained to provide for proper growth and health of the vegetation. 5. One tree shall be required per 20 feet of the landscape buffer zone to provide a continuous canopy around the perimeter of the wireless com- munication facilities. Each tree shall have a caliper of two inches, measured at breast height, at the time of planting. E. Visual Impacts. 1. Wireless communication facilities shall be located in the area of minimal visual impact within the site which will allow the facility to function consistent with its purpose. 2. Wireless communication facilities, in any zone, must be set back from any residential zone a distance equal to twice its overall height. The setback requirement may be reduced if, as deter- mined by the approval authority, it can be demon- strated through findings of fact that increased mitigation of visual impact can be achieved within of the setback area. Underground accessory equip- ment is not subject to the setback requirement. 3. Antennas attached to a pre-existing or al- ternative structure shall be integrated into the ex- isting building architecturally and to the greatest extent possible shall not exceed the height of the pre-existing or alternative structure. 18.4.10.040 WIRELESS COMMUNICATION FACILITIES 18.4-142 4. Antennas attached to a pre-existing or al- ternative structure shall have a non-reflective fin- ish and color that blends with the color and design of the structure to which it is attached. 5. All wireless communication support struc- tures must have a non-reflective finish and color that will mitigate visual impact, unless otherwise required by other government agencies. 6. Exterior lighting for a wireless communi- cation facility is permitted only when required by a federal or state authority. 7. Should it be deemed necessary by the ap- proval authority for the mitigation of visual impact of the wireless communication facility, additional design measures may be required. These may in- clude, but are not limited to: additional camou- flage materials and designs, facades, specific colors and materials, masking, and shielding tech- niques. ASHLAND LAND USE ORDINANCE 18.4.10.040 18.4-143 18.5.1 18.5.2 18.5.3 18.5.4 18.5.5 18.5.6 18.5.7 18.5.8 18.5.9 18.5.10 PART 18.5 – Application Review Procedures and Approval Criteria Chapters: General Review Procedures Site Design Review Land Divisions and Property Line Adjustments Conditional Use Permits Variances Modifications to Approved Planning Applications Tree Removal Permits Annexations Comprehensive Plan, Zoning, and Land Use Ordinance Amendments Ballot Measure 49 Claims 18.5-1 18.5.1.010 18.5.1.020 18.5.1.030 18.5.1.040 18.5.1.050 18.5.1.060 18.5.1.070 18.5.1.075 18.5.1.080 18.5.1.090 18.5.1.100 18.5.1.110 18.5.1.120 18.5.1.130 18.5.1.140 18.5.1.010 Chapter 18.5.1 GENERAL REVIEW PROCEDURES Sections: Purpose and Applicability. Determination of Review Procedure. Pre-application Conference and Consolidation of Review. Ministerial Procedure (Staff Advisor Decision). Type I Procedure (Administrative Decision with Notice). Type II Procedure (Quasi-Judicial Decision – Public Hearing). Type III (Legislative Decision). Middle Housing Land Divisions (MHLD). Application Submittal Requirements. Complete Application and Time Limits. City Council or Planning Commission May Initiate Procedures. Priority Planning Action Processing. Failure to Receive Notice. Resubmittal of Applications. Fees. Purpose and Applicability A. Purpose. This chapter establishes proce- dures to initiate and make final decisions on plan- ning actions under the Land Use Ordinance (“this ordinance”), pursuant to City policy and state law. B. Applicability of Review Procedures. All planning actions shall be subject to processing by one of the following procedures summarized in subsections 1 - 4, below, and as designated in Table 18.5.1.010. Building permits and other ap- provals, including approvals from other agencies such as the state department of transportation or a natural resource regulatory agency, may be re- quired. Failure to receive notice of any such re- quirement does not waive that requirement or invalidate any planning action under this ordi- nance. 1. Ministerial Action (Staff Advisor Deci- sion). The Staff Advisor makes ministerial deci- sions by applying City standards and criteria that do not require the use of substantial discretion (e.g., fence, sign and home occupation permits). A public notice and public hearing are not required for Ministerial decisions. Procedures for Minister- ial actions are contained in section 18.5.1.040. 2. Type I Procedure (Administrative Deci- sion With Notice). Type I decisions are made by the Staff Advisor with public notice and an oppor- tunity for appeal to the Planning Commission. Al- ternatively the Staff Advisor may refer a Type I application to the Commission for its review and decision in a public meeting. Procedures for Type I actions are contained in section 18.5.1.050. 3. Type II Procedure (Quasi-Judicial Re- view/Public Hearing Review). Type II decisions are made by the Planning Commission after a pub- lic hearing, with an opportunity for appeal to the City Council. Applications involving zoning map amendments consistent with the Comprehensive Plan map and minor map amendments or correc- tions are subject to quasi-judicial review under the Type II procedure. Quasi-judicial decisions in- volve discretion but implement policy. Procedures for Type II actions are contained in section 18.5.1.060. 4. Type III Procedure (Legislative Decision). The Type III procedure applies to the creation, revision, or large-scale implementation of public policy (e.g., adoption of regulations, zone changes, comprehensive plan amendments, annexations). Type III reviews are considered by the Planning Commission, who makes a recommendation to City Council. The Council makes the final deci- sion on a legislative proposal through the enact- ment of an ordinance. ASHLAND LAND USE ORDINANCE 18.5.1.010 18.5-3 Table 18.5.1.010. Summary of Approvals by Type of Review Procedure Planning Actions Review Procedures Applicable Regulations Access to a Street/Driveway Approach Ministerial Chapter 18.4.3 Annexation Type III Chapter 18.5.8; See ORS 222. Aircraft Hangar with no associated commercial use Ministerial Chapter 18.3.7.030 Aircraft Hangar in conjunction with another use Type I or II Chapter 18.5.2 Ordinance Interpretation Type I or II Chapter 18.1.5 Ordinance Text Amendment Type III Chapter 18.5.9 Comprehensive Plan Amendment Type III Chapter 18.5.9 Conditional Use Permit Type I or II Chapter 18.5.4 Conversion of Multifamily Dwelling Units into For-Purchase Housing Ministerial Section 18.2.3.200 Exception to Fire Prevention and Control Plan and General Fuel Modification Area Standards Type I Subsection 18.3.10.100.E Exception to Site Development and Design Standards Type I Subsection 18.5.2.050.E Exception to Street Standards Type I Subsection 18.4.6.020.B.1 Extension of Time Limit for Approved Planning Action Ministerial Section 18.1.6.040 Fence Ministerial Section 18.4.4.060 Hillside Standards Exception Type I Subsection 18.3.10.090.H Home Occupation Permit Ministerial Section 18.2.3.150 Land Use Control Maps Change Type II or III Chapter 18.5.9 Legal Lot Determination Ministerial Chapter 18.1.3 Modification to Approval Minor Modification Ministerial Chapter 18.5.6 Major Modification Per original review Chapter 18.5.6 Nonconforming Use or Structure, Expansion of Ministerial or Type I Chapter 18.1.4 Partition or Re-plat of 2-3 lots Preliminary Plat Type I Chapter 18.5.3 Final Plat Ministerial Chapter 18.5.3 18.5.1.010 GENERAL REVIEW PROCEDURES 18.5-4 18.5.1.020 18.5.1.030 Table 18.5.1.010. Summary of Approvals by Type of Review Procedure (continued) Planning Actions Review Procedures Applicable Regulations Minor Amendment Ministerial Subsection 18.5.3.020.F Performance Standards Option Outline Plan Type II Chapter 18.3.9 Final Plan Type I Chapter 18.3.9 Minor Amendment Ministerial Subsection 18.5.3.020.F Physical and Environmental Constraints Permit Type I Chapter 18.3.10 Property Line Adjustments, including Lot Consolidations Ministerial Chapter 18.5.3 Sign Permit Ministerial Chapter 18.4.7 Site Design Review Type I or II Chapter 18.5.2 Solar Setback Exception Type I Chapter 18.4.8 Subdivision or Replat of >3 lots Preliminary Plat Type II Chapter 18.5.3 Final Plat Ministerial Chapter 18.5.3 Minor Amendment Ministerial Subsection 18.5.3.020.F Tree Removal Permit Type I Chapter 18.5.7 Variance Type I or II Chapter 18.5.5 Water Resources Protection Zone – Limited Activities and Uses Type I Section 18.3.11.060 Water Resources Protection Zone Reduction Type I or II Section 18.3.11.070 Water Resources Protection Zone – Hardship Exception Type II Section 18.3.11.080 Zoning District Map Change Type II or III Chapter 18.5.9 (Ord. 3158 § 8, amended, 09/18/2018) Determination of Review Procedure Where Table 18.5.1.010 designates more than one possible review procedure, e.g., Type I or Type II, the applicable review procedure shall be based on the criteria contained in the ordinance chapters or sections referenced in the table. Pre-application Conference and Consolidation of Review A. Pre-Application Conference. All appli- cants for Type I, II, and III planning actions shall have completed a pre-application conference for the project within a six-month time period pre- ceding the filing of the application. The Staff Ad- visor may waive this requirement if in the Staff ASHLAND LAND USE ORDINANCE 18.5.1.030 18.5-5 18.5.1.040 18.5.1.050 Advisor’s opinion the information to be gathered in a pre-application conference already exists in the final application. The purpose of the confer- ence shall be to acquaint the applicant with the substantive and procedural requirements of this or- dinance, provide for an exchange of information regarding applicable elements of the comprehen- sive plan and development requirements, and to identify policies and regulations that create op- portunities or pose significant constraints for the proposed development. The Staff Advisor is au- thorized to create procedures allowing for elec- tronic or other alternative forms of conferences. B. Consolidated Review Procedures. An ap- plicant may apply at one time for all permits and approvals needed for a project proposal. The con- solidated procedure shall be subject to the time limitations set out in ORS 227.178. The consoli- dated procedure shall follow the most restrictive procedure in the development project. Ministerial Procedure (Staff Advisor Decision) Ministerial decisions are made by the Staff Ad- visor. A public notice and public hearing are not required for Ministerial decisions. Ministerial de- cisions are those where the application of City standards and criteria does not require the exercise of substantial discretion. A. Application Requirements and Review. 1. Application Form and Fee. Applications requiring Ministerial review shall be made on forms provided by the City and include any plans, exhibits, or other submittals required pursuant to the applicable sections of this ordinance. One or more property owners of the property for which the planning action is requested and their autho- rized agents, as applicable, must sign the appli- cation. The application shall not be considered complete unless the appropriate application fee ac- companies it. 2. Decision. Within 21 days after accepting a complete application for a Ministerial review the Staff Advisor shall approve or deny the applica- tion, unless such time limitation is extended with the consent of the applicant. B. Building Permits. The City shall not issue a building permit for a project subject to review under this section until the Staff Advisor has ap- proved the Ministerial application. C. Criteria and Decision. The Staff Advisor, in approving a Ministerial application, may find that other City permits or approvals are required prior to issuance of construction or building per- mits, in which case the Staff Advisor may specify the required permits and approvals with the Minis- terial decision. D. Effective Date. A Ministerial decision is fi- nal on the date it is signed by the Staff Advisor. Type I Procedure (Administrative Decision with Notice) Type I decisions are made by the Staff Advisor, following public notice and a public comment pe- riod. Type I decisions provide an opportunity for appeal to the Planning Commission. A. Application Requirements. 1. Application Form and Fee. Applications for Type I review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is re- quested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate ap- plication fee accompanies it. 2. Submittal Information. The application shall include all of the following information. a. The information requested on the appli- cation form. b. Plans and exhibits required for the spe- cific approvals sought. c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail. d. Information demonstrating compliance with all prior decision(s) and conditions of ap- proval for the subject site, as applicable. e. The required fee. B. Notice of Application. 1. Mailing of Notice of Application. The purpose of the notice of application is to give nearby property owners and other interested peo- ple the opportunity to review and submit written comments on the application before the City makes a decision on it. Within ten days of deeming a Type I application complete, the City shall mail a notice of a pending Type I application to the fol- lowing. a. Applicant. b. Owners of the subject property. 18.5.1.040 GENERAL REVIEW PROCEDURES 18.5-6 c. Owners of record for properties located within 200 feet of the perimeter of the subject site. d. Neighborhood group or community or- ganization officially recognized by the City that includes the area of the subject property. e. Where an application subject to Type I review is preceded by a Type II decision, to parties of record from the subject Type II decision. f. For applications to amend an approval, to persons who requested notice of the original ap- plication that is being amended or modified, ex- cept that where the mailing address of a person entitled to notice is not the same as the mailing ad- dress of record in the original approval, the City is not required to mail notice. 2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See section 18.5.1.120 Failure to Receive Notice. 3. Content of Notice of Application. The no- tice of application shall include all of the follow- ing. a. The street address or other easily under- standable reference to the location of the proposed use or development. b. A summary of the proposal. c. The applicable criteria for the decision, listed by commonly used citation. d. Date and time that written comments are due, and the physical address where comments must be mailed or delivered. e. An explanation of the 14-day period for the submission of written comments, starting from the date of mailing. All comments must be re- ceived by the City within the 14-day period. f. A statement that a copy of the applica- tion, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost. g. A statement that a person who fails to address the relevant approval criteria with enough detail, may not be able to appeal to the Planning Commission on that issue. h. The name and phone number of a City contact person. i. A brief summary of the Type I review and decision process. 4. Posted Notice. The City shall post the no- tice of application on the project site in clear view from a public right-of-way using a poster format prescribed by the Staff Advisor. Posting shall oc- cur not later than the date of the mailing of the no- tice. 5. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. C. Decision. 1. At the conclusion of the comment period, the Staff Advisor shall review the comments re- ceived and prepare a decision approving, approv- ing with conditions, or denying the application based on the applicable ordinance criteria. The Staff Advisor shall prepare a decision within 45 days of the City’s determination that an application is complete, unless the applicant agrees to a longer time period. Alternatively, the Staff Advisor may transmit written comments received along with a copy of the application to the Planning Commis- sion for review and decision at its next regularly scheduled meeting. 2. Where the Staff Advisor refers a Type I application to the Planning Commission, the Com- mission shall approve, approve with conditions, or deny the application through the Type II procedure based on the applicable ordinance criteria. The Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided the Commission must make a final decision within the 120-day period pre- scribed under State law (ORS 227.178) and as described in subsection 18.5.1.090.B of this ordi- nance. D. Notice of Decision. 1. Mailing of Notice of Decision. Within five days after the Staff Advisor renders a decision, the City shall mail notice of the decision to the follow- ing. a. Applicant. b. Owners of the subject property. c. Owners of record for properties located within 200 feet of the perimeter of the subject site. d. Neighborhood group or community or- ganization officially recognized by the City that includes the area of the subject property. ASHLAND LAND USE ORDINANCE 18.5.1.050 18.5-7 e. Parties of record; this includes any group or individual who submitted written com- ments during the comment period. f. Those groups or individuals who re- quested notice of the decision. g. For applications to amend an approval, to persons who requested notice of the original ap- plication that is being amended or modified, ex- cept that where the mailing address of a person entitled to notice is not the same as the mailing ad- dress of record in the original approval, the City is not required to mail notice. 2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See section 18.5.1.120 Failure to Receive Notice. 3. Content of Notice of Decision. The notice shall include all of the following. a. A description of the nature of the deci- sion. b. An explanation of the nature of the ap- plication and the proposed use or uses, which could be authorized. c. The street address or other easily under- standable reference to the location of the proposed use or development. d. The name and phone number of a City contact person. e. A statement that a copy of the applica- tion, all documents and evidence submitted by or for the applicant, and applicable criteria and stan- dards are available for review and that copies will be provided at reasonable cost. f. A statement that any person who was mailed a written notice of the decision may request reconsideration or appeal as provided in this sec- tion 18.5.1.050, subsections F and G, below. g. A statement that the decision becomes final when the period for filing a local appeal has expired. h. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA. 4. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. E. Effective Date of Decision. Unless the con- ditions of approval specify otherwise or the de- cision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may re- consider a Type I decision as set forth below. 1. Any party entitled to notice of the plan- ning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Ad- visor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application suffi- cient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or re- verse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Ad- visor shall deny the reconsideration request. No- tice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I de- cision may be appealed to the Planning Commis- sion, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsec- tion 18.5.1.050.B. 18.5.1.050 GENERAL REVIEW PROCEDURES 18.5-8 18.5.1.060 c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified dead- line. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050G.1, above, may appeal a Type I deci- sion by filing a notice of appeal and paying the appeal fee according to the procedures of this sub- section. The fee required in this section shall not apply to appeals made by neighborhood or com- munity organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required fil- ing fee and shall contain. i. An identification of the decision be- ing appealed, including the date of the decision. ii. A statement demonstrating the per- son filing the notice of appeal has standing to ap- peal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public com- ment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may al- low additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A – E, except that the de- cision of the Planning Commission is the final decision of the City on an appeal of a Type I deci- sion. A decision on an appeal is final the date the City mails the adopted and signed decision. Ap- peals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. Type II Procedure (Quasi- Judicial Decision – Public Hearing) Type II decisions are made by the Planning Commission after a public hearing, with an oppor- tunity for appeal to the City Council. A. Application Requirements. 1. Application Form and Fee. Applications for Type II review shall be made on forms pro- vided by the Staff Advisor. One or more property owners of the property for which the planning ac- tion is requested, and their authorized agent, as ap- plicable, must sign the application. The required application fee must accompany the application for it to be considered complete. 2. Submittal Information. The application shall include all of the following information. a. The information requested on the appli- cation form. b. Plans and exhibits required for the spe- cific approvals sought. c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail. d. Information demonstrating compliance with all prior decision(s) and conditions of ap- proval for the subject site, as applicable. e. The required fee. B. Initial Evidentiary Hearing. Once a Type II application is deemed complete, the Staff Ad- visor may hold an initial evidentiary hearing pur- suant to ORS 227.165. The Staff Advisor shall transmit copies of the record developed at the ev- identiary hearing to the Planning Commission for consideration at the public hearing. C. Notice of Public Hearing. 1. Mailing of Notice of Public Hearing. a. The City shall mail notice of public hearing not less than ten days before the hearing. Such notice shall be mailed to all individuals and organizations listed below. ASHLAND LAND USE ORDINANCE 18.5.1.060 18.5-9 i. Applicant. ii. Owners of the subject property. iii. Owners of record for properties lo- cated within 200 feet of the perimeter of the sub- ject site. iv. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property. v. Any person who submits a written re- quest to receive a notice. 2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See section 18.5.1.120 Failure to Receive Notice. 3. Content of Notice of Public Hearing. No- tices mailed and posted pursuant to this section shall contain all of the following information. a. The street address or other easily under- standable reference to the location of the proposed use or development. b. A summary of the proposal. c. The applicable criteria for the decision, listed by commonly used citations. d. The date, time and location of the scheduled hearing. e. A statement that a copy of the applica- tion, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost. f. The name and phone number of a City contact person. g. A statement that a copy of the City’s staff report and recommendation to the hearings body will be available for review at no cost at least seven days before the hearing, and that a copy will be provided on request at a reasonable cost. h. A general explanation of the require- ments to submit testimony, and the procedure for conducting public hearings. i. A statement that after the public hearing closes the City will issue its decision and mail it to the applicant and to anyone else who submit- ted written comments or provided oral testimony in the public hearing. j. A disclosure statement that an issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final ev- identiary hearing on the proposal before the local government. Such issues shall be raised and ac- companied by statements or evidence sufficient to afford the hearings body and the parties an ade- quate opportunity to respond to each issue. 4. Posted Notice. The City shall post the no- tice of public hearing on the project site in clear view from a public right-of-way using a poster for- mat prescribed by the Staff Advisor. Posting shall occur not later than the date of the mailing of the notice. 5. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. 6. Newspaper Notice. In addition to the mailed and posted notice specified in subsection 18.5.1.060.C, above, the City shall publish a notice in a newspaper of general circulation in the City at least ten days prior the date of the public hearing. D. Conduct of the Public Hearing. 1. Announcements. At the commencement of the hearing, the Chairperson, or his or her de- signee, shall state to those in attendance all of the following information and instructions. a. The applicable approval criteria by or- dinance chapter that apply to the application. b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision. c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue. d. At the conclusion of the initial eviden- tiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record. e. Any participant may ask the hearing body for an opportunity to present additional rele- vant evidence or testimony that is within the scope of the hearing; if the hearing body grants the re- quest, it will schedule a date to continue the hear- ing as provided in subsection 18.5.1.060.C.5, below, or leave the record open for additional writ- 18.5.1.060 GENERAL REVIEW PROCEDURES 18.5-10 ten evidence or testimony as provided in subsec- tion 18.5.1.060.D.6, below. 2. Ex Parte Contacts and Conflict of Interest. The public is entitled to an impartial hearing body as free from potential conflicts of interest and pre- hearing ex parte (outside the hearing) contacts as reasonably possible. After the announcements are made, the Planning Commission or City Council members shall declare any actual or potential con- flicts of interest and any ex parte contacts includ- ing the substance of those contacts and any conclusions the member reached because of those contacts. a. No member shall serve on any proceed- ing in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 227.035, has a direct or substantial financial interest; or in which the member is biased. If a member refuses to disqual- ify him or herself, the Hearings Board, for hear- ings before the Board; the Planning Commission, for hearings before the Commission, or the City Council for hearings before the Council, shall have the power to remove such member for that pro- ceeding. b. All parties shall be advised that they have the right to rebut the substance of any ex parte communications. 3. Presenting and Receiving Evidence. a. The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or per- sonally derogatory testimony or evidence. b. No oral testimony shall be accepted af- ter the close of the public hearing. Written testi- mony may be received after the close of the public hearing only as provided by this section. c. Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evi- dence. 4. The hearing body, in making its decision, shall consider only facts and arguments in the pub- lic hearing record, except that the hearing body may take notice local, state, or federal regulations; previous City decisions; case law; staff reports and similar evidence not in the record upon announc- ing its intention to take notice of such facts. Where the hearing body takes notice of new facts in its deliberations, it must allow persons who previ- ously participated in the hearing to request the hearing record be reopened and to present evi- dence concerning the newly presented facts. 5. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing; where the date is announced during the proceedings of the subject hearing, the City is not required to issue new notices. An op- portunity shall be provided at the continued hear- ing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, the hearing body may close the hearing and limit ad- ditional testimony to arguments and not accept ad- ditional evidence. 6. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hear- ing. Any participant may ask the hearing body in writing for an opportunity to respond to new ev- idence (i.e., information not disclosed during the public hearing) submitted when the record was left open). If such a request is filed, the hearing body shall reopen the record, as follows. a. When the record is reopened to admit new evidence or arguments (testimony), any per- son may raise new issues that relate to that new ev- idence or testimony. b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of subsection 18.5.1.090.B (ORS 227.178 - “120-day rule”), unless the applicant voluntarily waives his or her right to a final deci- sion being made within 120 days of filing a com- plete application. c. If requested by the applicant, the hear- ing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evi- ASHLAND LAND USE ORDINANCE 18.5.1.060 18.5-11 dence, provided the applicant may expressly waive this right. E. Notice of Decision. 1. Mailing of Notice of Decision. The City shall mail notice of the decision to the following. a. Applicant or authorized agent. b. Owners of the subject property. c. Parties of record; this includes any group or individual who submitted written com- ments during the comment period. d. Those groups or individuals who re- quested notice of the decision. 2. Content of Notice of Decision. The notice shall include all of the following. a. The decision. b. Findings relied upon in making the de- cision. c. Conditions of approval. d. A statement that the decision becomes final when the period for filing a local appeal has expired. e. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA. F. Certification of Notices. The City shall pre- pare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. G. Effective Date of Decision. Unless a condi- tion of approval specifies otherwise or the decision is appealed pursuant to subsection 18.5.1.060.I, a Type II decision becomes effective ten days after the City mails the notice of decision. H. Reconsideration. Reconsideration requests are limited to errors identified below and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advi- sor an opportunity to respond to the issue prior to making a decision. The Staff Advisor may recon- sider a Type II decision as set forth below. 1. The Staff Advisor on his/her own motion, or any party entitled to notice of the planning ac- tion may request reconsideration of the action after the Planning Commission final decision has been made by providing evidence to the Staff Advisor addressing one or more of the following. a. New evidence material to the decision exists which was unavailable, through no fault of the requesting party, when the record of the pro- ceeding was open. b. A factual error occurred through no fault of the requesting party which is relevant to an approval criterion and material to the decision. c. A procedural error occurred, through no fault of the requesting party, that prejudiced the re- questing party’s substantial rights and remanding the matter will correct the error. 2. Reconsideration requests shall be received within seven days of mailing the notice of de- cision. The Staff Advisor shall promptly decide whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred as identified above and is crucial to the decision, the Staff Advisor shall schedule reconsideration with notice to parties before the Planning Commission. Reconsideration shall be scheduled before the Commission at the next reg- ularly scheduled meeting. Reconsideration shall be limited to the portion of the decision affected by the alleged errors identified in subsection 18.5.1.060.H.1, above. 4. The Planning Commission shall decide to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 5. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Ad- visor shall deny the reconsideration request. No- tice of denial shall be sent to those parties that requested reconsideration. I. Appeal of Type II Decision. The City Coun- cil may call up a Type II decision pursuant to sec- tion 18.5.1.060.J. A Type II decision may also be appealed to the Council as follows. 1. Who May Appeal. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following. a. The applicant. b. Persons who participated in the public hearing, either orally or in writing. Failure to par- ticipate in the public hearing, either orally or in writing, precludes the right of appeal to the Coun- cil. 18.5.1.060 GENERAL REVIEW PROCEDURES 18.5-12 c. Persons who were entitled to receive notice of the action but did not receive notice due to error. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.060.I.1, above, may appeal a Type II deci- sion by filing a notice of appeal and paying the appeal fee according to the procedures of this sub- section. b. Time for Filing. The notice of appeal shall be filed with the City Manager within ten days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice shall include the appellant’s name, address, a refer- ence to the decision sought to be reviewed, a state- ment as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modi- fied, based on identified applicable criteria or pro- cedural irregularity. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Mailed Notice. The City shall mail the no- tice of appeal together with a notice of the date, time, and place to consider the appeal by the City Council to the parties, as provided in subsection 18.5.1.060.I.1, at least 20 days prior to the meet- ing. 4. Scope of Appeal. a. Except upon the election to reopen the record as set forth in subsection 18.5.1.060.I.4.b, below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Com- mission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits, and materials submitted during the hearing or at other times when the record be- fore the Commission was open; recorded testi- mony; (including DVDs when available), the executed decision of the Commission, including the findings and conclusions. In addition, for pur- poses of Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall be- come part of the record of the appeal proceeding. b. Reopening the Record. The City Coun- cil may reopen the record and consider new ev- idence on a limited basis, if such a request to reopen the record is made to the City Manager to- gether with the filing of the notice of appeal and the City Manager determines prior to the Coun- cil appeal hearing that the requesting party has demonstrated one or more of the following. i. That the Planning Commission com- mitted a procedural error, through no fault of the requesting party, that prejudiced the requesting party’s substantial rights and that reopening the record before the Council is the only means of cor- recting the error. ii. That a factual error occurred before the Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision. iii. That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open, and during the period when the requesting party could have re- quested reconsideration. A requesting party may only qualify for this exception if he or she demon- strates that the new evidence is relevant to an ap- proval criterion and material to the decision. This exception shall be strictly construed by the Coun- cil in order to ensure that only relevant evidence and testimony is submitted to the hearing body. iv. Re-opening the record for purposes of this section means the submission of additional written testimony and evidence, not oral testimony or presentation of evidence before the Council. 5. Appeal Hearing Procedure. The decision of the City Council is the final decision of the City on an appeal of a Type II decision, unless the deci- sion is remanded to the Planning Commission. a. Oral Argument. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten minutes for the ap- plicant, ten for the appellant, if different, and three minutes for any other party who participated be- low. A party shall not be permitted oral argument if written arguments have not been timely submit- ted. Written arguments shall be submitted no less than ten days prior to the Council consideration of ASHLAND LAND USE ORDINANCE 18.5.1.060 18.5-13 18.5.1.070 the appeal. Written and oral arguments on the ap- peal shall be limited to those issues clearly and dis- tinctly set forth in the notice of appeal; similarly, oral argument shall be confined to the substance of the written argument. b. Scope of Appeal Deliberations. Upon review, and except when limited reopening of the record is allowed, the Council shall not re-examine issues of fact and shall limit its review to determin- ing whether there is substantial evidence to sup- port the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be lim- ited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Commission with sufficient specificity to en- able the Commission and the parties to respond. c. Council Decision. The Council may af- firm, reverse, modify, or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. Upon recommendation of the Manager, the Council may elect to summarily remand the matter to the Plan- ning Commission. If the Council elects to remand a decision to the Commission, either summarily or otherwise, the Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to subsection 18.5.1.060.J. 6. Record of the Public Hearing. For pur- poses of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceed- ing. The public hearing record shall include the following information. a. The notice of appeal and the written ar- guments submitted by the parties to the appeal. b. Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received. c. All materials considered by the hearings body including the application and all materials submitted with it. d. Documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Com- mission was open. e. Recorded testimony (including DVDs when available). f. All materials submitted by the Staff Ad- visor to the hearings body regarding the applica- tion; g. The minutes of the hearing. h. The final written decision of the Com- mission including findings and conclusions. 7. Effective Date and Appeals to State Land Use Board of Appeals. City Council decisions on Type II applications are final the date the City mails the notice of decision. Appeals of Council decisions on Type II applications must be filed with the State Land Use Board of Appeals, pur- suant to ORS 197.805 - 197.860. J. City Council Call-Up of Planning Commission Decision. The City Council may call up any planning action for a decision upon motion and majority vote, provided such vote takes place in the required appeal period. Unless the planning action is appealed and a public hearing is required, the Council review of the Planning Action is lim- ited to the record and public testimony is not al- lowed. The Council may affirm, modify, or reverse the decision of the Planning Commission, or may remand the decision to the Commission for addi- tional consideration if sufficient time is permitted for making a final decision of the city. The Coun- cil shall make findings and conclusions and cause copies of a final order to be sent to all parties of the planning action. (Ord. 3192 § 120, amended, 11/17/2020) Type III (Legislative Decision) Type III actions are reviewed by the Planning Commission, which makes a recommendation to City Council. The Council makes final decisions on legislative proposals through enactment of an ordinance. A. Initiation of Requests. The City Council, Planning Commission, or any property owner or resident of the city may initiate an application for a legislative decision under this ordinance. Leg- islative requests are not subject to the 120-day re- view period under subsection 18.5.1.090.B (ORS 227.178). 18.5.1.070 GENERAL REVIEW PROCEDURES 18.5-14 18.5.1.075 B. Application Requirements. 1. Application Form and Fee. Legislative ap- plications shall be made on forms provided by the Staff Advisor. 2. Submittal Information. The application shall contain all of the following information. a. The information requested on the appli- cation form. b. A map and/or plan, as applicable, ad- dressing the appropriate criteria and standards in sufficient detail for review and decision. c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail. d. Information demonstrating compliance with all prior decision(s) and conditions of ap- proval for the subject site, as applicable. e. The required fee, except when the City initiates the request. f. Other information the Staff Advisor deems necessary to provide a complete applica- tion. C. Procedure. Public hearings on Type III ac- tions are conducted similar to City Council hear- ings on other legislative proposals, except the criteria for approval include, as applicable, those contained in chapter 18.5.9 Comprehensive Plan, Zoning, and Land Use Ordinance Amendments, and chapter 18.5.8 Annexations. D. Notice of Public Hearing. Notification pro- cedure for Type III actions is as follows. 1. The Staff Advisor shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments to the Comprehensive Plan, Zoning Map, or Land Use Ordinance at least 35 days before the first public hearing at which public testimony or new evidence will be received. 2. At least 20 days but not more than 40 days before the date of the first hearing on an appli- cation to legislatively amend the Comprehensive Plan, Zoning Map, or this ordinance, the City shall mail notice of such hearing to: a. Each owner whose property is rezoned in accordance with ORS 227.186; and b. For a zone change affecting a manufac- tured home or mobile home park, all mailing ad- dresses within the park, in accordance with ORS 227.175. 3. At least ten days before the scheduled Planning Commission and City Council public hearing dates, public notice shall be published in a newspaper of general circulation in the City. The notice shall include the time and place of the pub- lic hearing, and a brief description of the proposed amendment. E. Final Decision, Effective Date, and Notice of Decision. Where a Legislative proposal is ap- proved pursuant to this ordinance, it becomes final and takes effect as specified in the enacting or- dinance. Where the proposal is not approved, the decision to deny is final on the date the decision is mailed to the applicant; or where the applicant is the City, the decision is final on the date the City Council makes its decision. A notice of a leg- islative land use decision shall be mailed to the applicant, all parties of record, those groups or individuals who requested notice of the decision, and DLCD. Middle Housing Land Divisions (MHLD) Middle housing land division decisions are made by the Staff Advisor using the expedited land division procedure detailed below. Middle housing land divisions may be appealed to a ref- eree/Hearings Officer. Middle housing land divi- sions are not a land use or limited land use decision. A. Procedural Handling. Unless the applicant requests to use the land partition procedures in section 18.5.3.030, middle housing land divisions shall be processed under the expedited land divi- sions procedure from ORS 197.360 to 197.380 as detailed below: 1. Pre-Application Conference. A pre-appli- cation conference is voluntary for a middle hous- ing land division. 2. Application Requirements. Applications for development permits shall be submitted upon forms established by the Staff Advisor. Applica- tions will not be accepted in partial submittals, and all of the following items must be submitted to ini- tiate completeness review: a. Application Form and Fee. Applications for middle housing land divisions shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their autho- ASHLAND LAND USE ORDINANCE 18.5.1.075 18.5-15 rized agent, as applicable, must sign the appli- cation. The application shall not be considered complete unless the appropriate application fee ac- companies it. b. Submittal Information. The application shall include all of the following information: i. The information requested on the ap- plication form. ii. Drawings and supplementary mate- rials for preliminary plat as required in section 18.5.3.040.B. iii. A narrative explanation of how the application satisfies each and all of the relevant criteria and standards in section 18.5.3.140.C.1. iv. Additional materials necessary to demonstrate compliance with the Oregon Residen- tial Specialty Code. v. Information demonstrating compli- ance with all prior approvals and conditions of ap- proval for the parent lot or parcel, as applicable. 3. Completeness Review. The Staff Advisor shall review the application submittal and advise the applicant in writing whether the application is complete or incomplete within 21 calendar days after the City receives the application submittal. a. Incompleteness shall be based solely on failure to pay required fees, failure of the appli- cant’s narrative to address the relevant criteria or development standards, or failure to supply the required submittal information and shall not be based on differences of opinion as to the quality or accuracy of the information provided. Determina- tion that an application is complete indicates only that the application contains the information nec- essary for a qualitative review of compliance with the applicable criteria and standards. b. If the application was complete when first submitted or the applicant submits the addi- tional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the applica- ble criteria and standards that were in effect at the time the application was first submitted. c. If an application is incomplete, the com- pleteness notice shall list what information is miss- ing and allow the applicant to submit the missing information. The completeness notice shall in- clude a form, designed to be returned to the Staff Advisor by the applicant, indicating whether or not the applicant intends to amend or supplement the application. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the re- quested information or refuses in writing to submit it. 4. Notification. a. Mailing of Notice of Complete Application. The Staff Advisor shall provide writ- ten notice of the receipt of the completed applica- tion for a middle housing land division to: i. The applicant and/or authorized rep- resentative. ii. The owner(s) of record of the subject property. iii. Neighborhood group(s) or commu- nity organization(s) officially recognized by the City whose boundaries include or are within 100 feet of the subject property. iv. Owners of record for properties lo- cated within 100 feet of the perimeter of the sub- ject property. v. Affected City departments, govern- mental agencies or special districts responsible for providing public facilities or services which are entitled to notice under an intergovernmental agreement with the City which includes provision for such notice or is otherwise entitled to such no- tice. b. Content of Notice of Complete Application. The notice of the receipt of the com- pleted application shall include all of the follow- ing: i. The street address or other easily un- derstood geographical reference to the subject property. ii. A summary of the proposal. iii. The time and place where copies of all evidence submitted by the applicant will be available for review. iv. The applicable criteria for the deci- sion, listed by commonly used citation. v. The name and telephone number of a local government contact person. vi. A brief summary of the local deci- sion-making process for the middle housing land division. vii. A statement that issues that may provide the basis for an appeal to the Hearings Of- 18.5.1.075 GENERAL REVIEW PROCEDURES 18.5-16 ficer must be raised in writing prior to the expira- tion of the comment period. viii. A statement that issues must be raised with sufficient specificity to enable the local government to respond to the issue. ix. The place, date and time that com- ments are due. c. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. d. Comment Period. After notification ac- cording to the procedure set out above, the Staff Advisor shall provide a 14-day period for submis- sion of written comments prior to the decision. 5. Decision. The Staff Advisor shall make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether the application satisfies the sub- stantive requirements of section 18.5.3.140.C. a. Approval may include conditions to en- sure that the application complies with the applic- able criteria and standards for middle housing land divisions. b. For middle housing land divisions, the Staff Advisor: i. Shall not hold a hearing on the appli- cation; and ii. Shall issue a written determination of compliance or noncompliance with applicable cri- teria and standards for middle housing land di- visions that includes a summary statement explaining the determination. c. The decision shall include a statement of the facts the Staff Advisor relied upon to deter- mine whether the application satisfied or failed to satisfy each applicable approval criteria. d. Notice of the decision shall be provided to the applicant and to those who received notice under subsection 18.5.1.075.A.4 within 63 days of the date of a completed application. The notice of decision shall include: i. The summary statement described in subsection 18.5.1.075.A.5.b above; and ii. An explanation of appeal rights un- der ORS 197.375 (Appeal of decision on applica- tion for expedited land division). 6. Appeals. An appeal of the Staff Advisor’s decision made under this section shall be made as follows: a. An appeal must be filed within 14 days of mailing of the notice of the decision and be ac- companied by a $300.00 deposit toward the cost of an appeal hearing. This deposit shall be refunded if the appellant materially improves his or her po- sition from the Staff Advisor’s decision. The ref- eree shall assess the cost of the appeal in excess of the deposit for costs, up to a maximum of $500.00, against an appellant who does not materially im- prove his or her position from the decision of the Staff Advisor. b. A decision may be appealed by: i. The applicant. ii. Any person or organization who filed written comments within the 14-day comment pe- riod. c. An appeal shall be based solely on alle- gations: i. Of violation of the substantive provi- sions of the applicable criteria and standards; ii. Of the unconstitutionality of the de- cision; iii. That the application is not eligible for review as a Middle Housing Land Division un- der section 18.5.3.140 or as an expedited land di- vision under ORS 197.360 through 197.380 and should instead be reviewed as a land use decision or limited land use decision; or iv. That the parties’ substantive rights have been substantially prejudiced by an error in procedure. d. The City of Ashland’s Hearings Officer is designated as the referee for appeals of a deci- sion made under this section and ORS 197.360 and 197.365. e. Within seven days of receiving the ap- peal, the City, on behalf of the Hearings Officer, shall notify the applicant, the appellant if other than the applicant, any person or organization en- titled to notice under section 18.5.1.075.A.4.a that provided written comments to the local govern- ment and all providers of public facilities and ser- vices entitled to notice under section 18.5.1.075.A.4.a and advise them of the manner in which they may participate in the appeal. A person or organization that provided written com- ASHLAND LAND USE ORDINANCE 18.5.1.075 18.5-17 18.5.1.080 ments to the local government but did not file an appeal under subsection 18.5.1.075.A.6 may par- ticipate only with respect to the issues raised in the written comments submitted by that person or organization. The Hearings Officer may use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument. The Hear- ings Officer shall provide the local government an opportunity to explain its decision but is not lim- ited to reviewing the local government decision and may consider information not presented to the local government. f. The Hearings Officer shall apply the substantive requirements of section 18.5.3.140.C and ORS 197.360. If the Hearings Officer deter- mines that the application does not qualify as an expedited land division under ORS 197.360 or a middle housing land division under section 18.5.3.140, the Hearings Officer shall remand the application for consideration as a land use decision or limited land use decision. In all other cases, the Hearings Officer shall seek to identify means by which the application can satisfy the applicable re- quirements. g. The Hearings Officer shall not reduce the density of the land division application. h. The Hearings Officer shall make a writ- ten decision approving or denying the application or approving it with conditions designed to ensure that the application satisfies the applicable criteria and standards, within 42 days of the filing of an appeal. The Hearings Officer shall not remand the application to the local government for any reason other than as set forth in this subsection. i. Unless the City Council finds exigent circumstances, a Hearings Officer who fails to is- sue a written decision within 42 days of the filing of an appeal shall receive no compensation for ser- vice as Hearings Officer in the appeal. j. Notwithstanding any other provision of law, the Hearings Officer shall order the local gov- ernment to refund the deposit for costs to an ap- pellant who materially improves his or her position from the decision of the local government. The Hearings Officer shall assess the cost of the ap- peal, up to a maximum of $500.00, against an ap- pellant who does not materially improve his or her position from the decision of the local govern- ment. The local government shall pay the portion of the costs of the appeal not assessed against the appellant. The costs of the appeal include the com- pensation paid the Hearings Officer and costs in- curred by the local government, but not the costs of other parties. k. The Land Use Board of Appeals (LUBA) does not have jurisdiction to consider any decisions, aspects of decisions or actions made for middle housing land divisions under section 18.5.3.140 or expedited land divisions under ORS 197.360 through 197.380. l. Any party to a proceeding before a Hearings Officer under this section may seek ju- dicial review of the Hearings Officer’s decision in the manner provided for review of final orders of the Land Use Board of Appeals (LUBA) under ORS 197.850 and 197.855. The Court of Appeals shall review decisions of the Hearings Officer in the same manner as provided for review of final orders of the Land Use Board of Appeals (LUBA) in those statutes. However, notwithstanding ORS 197.850(9) or any other provision of law, the court shall reverse or remand the decision only if the court finds: i. That the decision does not concern middle housing land divisions under section 18.5.3.140 or expedited land divisions under ORS 197.360 and the appellant raised this issue in pro- ceedings before the Hearings Officer; ii. That there is a basis to vacate the de- cision as described in ORS 36.705(1)(a) through (d), or a basis for modification or correction of an award as described in ORS 36.710; or iii. That the decision is unconstitutional. (Ord. 3217 § 2, added, 02/21/2023) Application Submittal Requirements A. The Staff Advisor is authorized to set stan- dards and procedures for application submittal re- quirements, including the number and type of applications required (e.g., hard copies, electronic copies), size and format of applications (e.g., paper size, electronic format), and dates when applica- tions can be received. The Staff Advisor shall make the requirements for application submittals readily available to the public. 18.5.1.080 GENERAL REVIEW PROCEDURES 18.5-18 18.5.1.090 18.5.1.100 18.5.1.110 18.5.1.120 Complete Application and Time Limits A. Complete Applications. The Staff Advisor shall determine within 30 days of receiving an ap- plication for Type I, II, or III review whether the application is complete, and shall advise the appli- cant accordingly in writing. Where an application is deemed incomplete, the Staff Advisor shall in- form the applicant that the applicant must respond pursuant to subsection 1, 2, or 3, below, within 180 days from the date of application submittal. The 120-day clock under subsection 18.5.1.090.B does not begin until the applicant: 1. Submits all of the missing information; or 2. Submits some of the missing information, and requests in writing the City commence its re- view; or 3. Submits none of the missing information, and requests in writing the City commence its re- view. B. Time Limit - 120-day Rule. The City shall take final action on Administrative and Quasi-Ju- dicial land use applications, pursuant to this chap- ter, including resolution of all appeals, within 120 days from the date the Staff Advisor deems the ap- plication complete for purposes of processing, un- less the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Note: The 120-day rule does not apply to Legislative Land Use deci- sions.) C. Time Periods. In computing time periods prescribed or allowed by this chapter, the desig- nated period of time does not include the date of the action or event cited. For example, where this ordinance provides for an appeal period ending ten days after the City mails a decision, the ten- day period does not include the day the decision is mailed. The last day of the period shall be in- cluded, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday. City Council or Planning Commission May Initiate Procedures The City Council or Planning Commission may initiate any Ministerial, Type I, Type II, or Type III planning action by motion duly adopted by the re- spective body designating the appropriate City de- partment to complete and file the application. Priority Planning Action Processing A. New buildings and existing buildings whose repair, alteration, or rehabilitation costs exceed 50 percent of their replacement costs, that will be pur- suing certification under the Leadership in Energy and Environmental Design Green Building Rat- ing System (LEED®) of the United States Green Building Council shall receive top priority in the processing of planning actions. B. Applicants wishing to receive priority plan- ning action processing shall provide the following documentation with the application demonstrating the completion of the following steps in working towards LEED® certification. 1. Hiring and retaining a LEED® Accredited Professional as part of the project team throughout the design and construction process. 2. The LEED® checklist indicating the cred- its that will be pursued. Failure to Receive Notice A. The failure of a property owner to receive notice, as provided for in sections 18.5.1.050 and 18.5.1.060, shall not invalidate such proceed- ings if the City can demonstrate by affidavit that such notice was mailed. The failure to receive no- tice shall not invalidate the decision after the ac- tion is final if a good faith attempt was made to notify all persons entitled to receive notice. B. Noticing Error. 1. A noticing error shall be corrected as pro- vided in subsection 18.5.1.090.B.2, below, when- ever it is demonstrated to the Staff Advisor that: a. The City did not comply with the notice requirements in sections 18.5.1.050 and 18.5.1.060; b. Such error adversely affected and prej- udiced a person’s substantial rights; and c. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision. 2. The Staff Advisor shall schedule a public hearing for the next regular meeting according to the applicable procedural requirements in sections 18.5.1.050 and 18.5.1.060. The City shall notify by mail all persons who previously appeared in the ASHLAND LAND USE ORDINANCE 18.5.1.120 18.5-19 18.5.1.130 18.5.1.140 18.5.2.010 18.5.2.020 18.5.2.030 18.5.2.040 18.5.2.050 18.5.2.060 18.5.2.070 18.5.2.080 18.5.2.010 18.5.2.020 matter and all persons who were entitled to mailed notice. The record of the previous decision shall be reviewed and considered by the hearing authority. A decision made after the hearing shall supersede the previous decision. 3. Notwithstanding the period specified in subsection 18.5.1.090.B.1, above, the period for a hearing shall not exceed three years after the date of the initial decision. Resubmittal of Applications A. Type I and Type II. A Type I or Type II application that is denied by the Planning Com- mission or denied by the City Council, unless that denial is specifically stated to be without preju- dice, shall not be eligible for resubmittal for one year from the date of the denial, unless evidence is submitted that conditions, the application, or the project design have changed to an extent that fur- ther consideration is warranted. B. Type III. A Type III application that is de- nied by the City Council shall not be eligible for resubmittal for one year from the date of the de- nial, unless evidence is submitted that conditions have changed to an extent that in the opinion of the Planning Commission or Council further consider- ation is warranted. Fees Fees for applications under this ordinance shall be set by resolution of the Council. Chapter 18.5.2 SITE DESIGN REVIEW Sections: Purpose. Applicability. Review Procedures. Application Submission Requirements. Approval Criteria. Public Improvements Guarantee. Expiration and Extensions. Power to Amend Plans. Purpose The purpose and intent of this chapter is to reg- ulate the manner in which land in the City is used and developed, to reduce adverse effects on sur- rounding property owners and the general public, to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and to en- sure that high quality development is maintained throughout the City. Applicability Site Design Review is required for the following types of project proposals. A. Commercial, Industrial, Non-Residential, and Mixed Uses. Site Design Review applies to the following types of non-residential uses and project proposals, including proposals for com- mercial, industrial, and mixed-use projects, pur- suant to section 18.5.2.030, Review Procedures. 1. New structures, additions, or expansions in C-1, E-1, HC, CM, and M-1 zones. 2. New non-residential structures or addi- tions in any zone, including public buildings, schools, churches, and similar public and quasi- public uses in residential zones. 3. Mixed-use buildings and developments containing commercial and residential uses in a residential zoning district within the Pedestrian Place Overlay. 4. Any exterior change, including installa- tion of Public Art, to a structure which is listed on the National Register of Historic Places or to a contributing property within an Historic District 18.5.1.130 SITE DESIGN REVIEW 18.5-20 on the National Register of Historic Places that re- quires a building permit. 5. Expansion of impervious surface area in excess of ten percent of the area of the site, or 1,000 square feet, whichever is less. 6. Expansion of any parking lot, relocation of parking spaces on a site, or any other change that alters or affects circulation onto an adjacent property or public right-of-way. 7. Any change of occupancy from a less in- tense to a more intensive occupancy, as defined in the building code. 8. Any change in use of a lot from one gen- eral use category to another general use category, e.g., from residential to commercial, as defined in the zoning regulations of this code. 9. Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt from site design review per section 18.5.2.020.C. 10. Installation of wireless communication facilities in accordance with section 18.4.10. B. Residential Uses. Site design review applies to the following types of residential uses and pro- ject proposals, pursuant to section 18.5.2.030, Re- view Procedures: 1. Three or more dwelling units on a lot in a residential zone, and one or more dwelling units on a lot in any other nonresidential zone. 2. Construction of attached (common wall) single-family dwellings (e.g., townhomes, condo- miniums, rowhouses) in any zoning district. 3. Any exterior change, including installa- tion of public art, to a structure individually listed on the National Register of Historic Places that re- quires a building permit. 4. Any change to off-street parking or land- scaping in a residential development where such parking or landscaping is provided in common area (e.g., shared parking) and is approved pur- suant to chapter 18.3.9, Performance Standards Option and PSO Overlay. 5. 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. 6. Installation of wireless communication fa- cilities (e.g., accessory to a residential use), in ac- cordance with chapter 18.4.10. C. Exempt from Site Design Review. The fol- lowing types of uses and projects are exempt from site design review: 1. Detached single-family dwellings and as- sociated accessory structures and uses. 2. Accessory residential units meeting the re- quirements of subsection 18.2.3.040 and duplexes meeting the requirements of section 18.2.3.110. 3. Land divisions and property line adjust- ments, which are subject to review under chapter 18.5.3. 4. The following mechanical equipment: a. Private, noncommercial radio and tele- vision 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 chapter. A building permit shall be required for any antenna mast or tower over 50 feet above grade or 30 feet above an existing struc- ture when the same is constructed on the roof of the structure. b. Not more than three parabolic disc an- tennas, each under one meter in diameter, on any one lot or dwelling unit. c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1 zoned properties located within designated historic districts. The devices shall comply with solar set- back standards described in chapter 18.4.8 and 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 ex- tend 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 18.4.8 and height requirements of the respective zoning dis- trict. e. Installation of mechanical equipment other than those exempted in 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 provi- sions of the ordinance codified in this section, in- cluding solar access in chapter 18.4.8, and noise ASHLAND LAND USE ORDINANCE 18.5.2.020 18.5-21 18.5.2.030 18.5.2.040 and setback requirements of subsection 18.2.4.020.B. See also screening standards for me- chanical equipment in subsection 18.4.4.030.G.4. f. Routine maintenance and replacement of existing mechanical equipment in all zones. (Ord. 3229 § 9, amended, 12/19/2023; Ord. 3199 § 25, amended, 06/15/2021; Ord. 3155 § 15, amended, 07/17/2018) Review Procedures A. Type I Review. Except as provided by 18.5.2.030, subsections B - G, below, applications for Site Design Review are subject to the Type I procedure, pursuant to section 18.5.1.050. B. C-1, E-1, HC, and M-1 Zones. In the C-1, E-1, HC, and M-1 zones, but not within the Down- town Design Standards or Detail Site Review overlays, new structures or additions greater than 15,000 square feet in gross floor area, or greater than 50 percent of an existing building’s gross floor area are subject to Type II review. C. Downtown Design Standards Overlay. In the Downtown Design Standards overlay, new structures or additions greater than 2,500 square feet in gross floor area, or greater than ten percent of an existing building’s gross floor area are sub- ject to Type II review. D. Detail Site Review Overlay. In the Detail Site Review overlay, new structures or additions greater than 10,000 square feet in gross floor area, or longer than 100 feet in length or width are sub- ject to Type II review. E. Residential Site Review. Residential struc- tures or additions greater than 10,000 square feet in gross floor area, other than single-family homes or accessory uses on individual lots, are subject to Type II review. F. Croman Mill District. In the Croman Mill district, new structures or additions greater than 15,000 square feet in gross floor area are subject to Type II review. G. Landscape and Irrigation Plan Amendments. Minor amendments to landscape and irrigation plans approved pursuant to chapter 18.4.4 to improve fire safety, public safety, water conservation, or energy efficiency may be processed as Ministerial or Type I actions. Application Submission Requirements The following information is required for site design review application submittal, except where the Staff Advisor determines that some informa- tion is not pertinent and therefore is not required: A. General Submission Requirements. Infor- mation required for Type I or Type II review, as ap- plicable (see sections 18.5.1.050 and 18.5.1.060), including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. B. Site Design Review Information. In addi- tion to the general information required for site design review, the applicant shall provide the fol- lowing information: 1. Basic Plan Information. Plans and draw- ings shall include the project name, date, north arrow, scale, and names and addresses of all per- sons listed as owners of the subject property on the most recently recorded deed. The scale of site and landscaping plans shall be at least one inch equals 50 feet or larger, and of building elevations one inch equals ten feet or larger. 2. Site Analysis Map. The site analysis map shall contain the following information: a. Vicinity map. b. The property boundaries, dimensions, and area of the site shall be identified. c. Topographic contour lines at five-foot intervals or less, except where the Staff Advisor determines that larger intervals will be adequate for steeper slopes. d. Zone designation of the land adjacent to the proposed development, including lands subject to overlay zones including but not limited to lands subject to Detail Site Review, Downtown Design Standards, Historic District, Pedestrian Place, Physical and Environmental Constraints, and Wa- ter Resource Protection Zones overlays (see part 18.3, Special Districts and Overlay Zones). e. The location and width of all public and private streets, drives, sidewalks, pathways, rights- of-way, and easements on the site and adjoining the site. f. The location and size of all public and private utilities, on and adjacent to the subject site, including: i. Water lines; 18.5.2.030 SITE DESIGN REVIEW 18.5-22 ii. Sewer lines, manholes and cleanouts; iii. Storm drainage and catch basins; and iv. Fire hydrants. g. Site features, including existing struc- tures, pavement, drainage ways, rock outcrop- pings, areas having unique views, and streams, wetlands, drainage ways, canals and ditches. h. The location, size, and species of trees six inches DBH or greater, including trees located on the subject site and trees located off site that have drip lines extending into the subject site. 3. Proposed Site Plan. The site plan shall contain the following information: a. The proposed development site, includ- ing boundaries, dimensions, and gross area. b. Features identified on the existing site analysis maps that are proposed to remain on the site. c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development. d. The location and dimensions of all pro- posed public and private streets, drives, rights-of- way, and easements. e. The location and dimensions of all ex- isting and proposed structures, utilities, pavement, and other improvements, including: i. Connection to the City water system and meter locations; ii. Connection to the City sewer system; iii. Connection to the City electric util- ity system and meter locations; iv. New and/or replaced fire hydrants and vault locations; v. The proposed method of drainage of the site; and vi. The opportunity-to-recycle site and solid waste receptacle, including proposed screen- ing. f. Location of drainage ways and public utility easements in and adjacent to the proposed development. g. Setback dimensions for all existing and proposed structures. h. The location and dimensions of en- trances and exits to the site for vehicular, pedes- trian, and bicycle access. i. The location and dimensions of all park- ing and vehicle circulation areas (show striping for parking stalls), including accessible parking by building code. j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails. k. Common open spaces, common areas, plazas, outdoor seating, street furniture, and simi- lar improvements. l. Location of outdoor lighting. m. Location of mail boxes, if known. n. Locations of bus stops and other public or private transportation facilities. o. Locations, sizes, and types of signs. 4. Architectural Drawings. Architectural drawings, as applicable. a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten feet or greater; such plans shall indicate the mater- ial, color, texture, shape, and design features of the building, and include mechanical devices not fully enclosed in the building. b. Exterior elevations of other proposed structures, including fences, retaining walls, acces- sory buildings, and similar structures. c. The elevations and locations of all pro- posed signs for the development. d. For non-residential developments pro- posed on properties located in a Historic District, section drawings including exterior walls, win- dows, projections, and other features, as applic- able, and drawings of architectural details (e.g., column width, cornice and base, relief and pro- jection, etc.) drawn to a scale three-quarters of an inch equals one foot or larger. 5. Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan prepared by an engineer shall be submitted with the ap- plication for site design review where a develop- ment site is one-half of an acre or larger as deemed necessary by the Staff Advisor. The preliminary grading plan shall show the location and extent to which grading will take place, indicating gen- eral changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed, and temporary and permanent erosion control measures. Surface wa- ASHLAND LAND USE ORDINANCE 18.5.2.040 18.5-23 ter detention and treatment plans may also be re- quired, in accordance with chapter 18.4.6, Public Facilities. 6. Erosion Control Plan. An erosion control plan addressing temporary and permanent erosion control measures, which shall include plantings where cuts or fills (including berms), swales, storm water detention facilities, and similar grad- ing is proposed. Erosion control plans in hillside lands shall also conform to section 18.3.10.090, Development Standards for Hillside Lands. 7. Landscape and Irrigation Plans. a. Landscape and irrigation plans shall in- clude the following information: i. The location, size, and species of the existing and proposed plant materials, and any other pertinent features of the proposed landscap- ing and plantings. ii. A tree protection and removal plan consistent with chapter 18.4.5 for sites with trees that are to be retained, protected, and removed. iii. At time of building permit submit- tals, an irrigation plan including a layout of irriga- tion facilities. b. When water conserving landscaping is required pursuant to section 18.4.4.030, the land- scape plan shall contain the following additional information: i. Information from proposed site plan. ii. Landscape contact person, including address and telephone number. iii. Identification of cut and fill areas. iv. Location of underground utilities and all transformer and utility meter locations. v. Slopes exceeding ten percent and grade changes in root zones of plants to be retained on site. vi. Inventory of existing plant materials on site identifying what will remain and will be re- moved. vii. Composite plant list including quantity, size, botanical name, common name, va- riety, and spacing requirements of all proposed plant material. viii. Mulch areas labeled according to material and depth. ix. Shrub and tree planting and staking detail. x. Root barrier design, installation spec- ifications, and details. xi. Design and installation specifica- tions of any proposed tree grates. c. When water conserving landscaping is required pursuant to section 18.4.4.030, the irriga- tion plan included with the building permit sub- mittals shall contain the following additional information: i. Information from proposed site plan. ii. Irrigation contact person, including address and telephone number. iii. For lots with a landscaped area greater than 5,000 square feet, a grading plan and topographic map showing contour intervals of five feet or less. iv. Identification of water source and point of connection including static and operating pressure. v. If Talent Irrigation District (TID) is used, list the size and type of filtration method. vi. Area of irrigated space in square feet. vii. Size, type, brand, and location of backflow device, as well as make, model, precipi- tation rate, and location of sprinkler heads. viii. Layout of drip system showing type of emitter and its outputs, as well as type of filtration used. ix. Piping description including size schedule or class, type of mounting used between piping and sprinkler head, depth of proposed trenching, and provisions for winterization. x. Size, type, brand, and location of control valves and sprinkler controllers. xi. Size, type, depth, and location of materials for under paving sleeves. xii. Type and location of pressure regu- lator. xiii. Type and location of rain sensor. xiv. Monthly irrigation schedule for the plant establishment period (six to 12 months) and for the first year thereafter. xv. Water schedule for each zone from the plan. 8. Narrative. Letter or narrative report docu- menting compliance with the applicable approval criteria contained in section 18.5.2.050. Specifi- cally, the narrative shall contain the following: 18.5.2.040 SITE DESIGN REVIEW 18.5-24 18.5.2.050 18.5.2.060 18.5.2.070 18.5.2.080 a. For commercial and industrial develop- ments: i. The square footage contained in the area proposed to be developed. ii. The percentage of the lot covered by structures. iii. The percentage of the lot covered by other impervious surfaces. iv. The total number of parking spaces. v. The total square footage of all land- scaped areas. b. For residential developments: i. The total square footage in the devel- opment. ii. The number of dwelling units in the development (include the units by the number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc). iii. Percentage of lot coverage by struc- tures; streets, roads, or drives; public use areas, common and private open space, landscaping, and parking areas. (Ord. 3191 § 30, amended, 11/17/2020) Approval Criteria An application for Site Design Review shall be approved if the proposal meets the criteria in sub- sections A, B, C, and D below. The approval au- thority may, in approving the application, impose conditions of approval, consistent with the applic- able criteria. A. Underlying Zone. The proposal complies with all of the applicable provisions of the under- lying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimen- sions, density and floor area, lot coverage, build- ing height, building orientation, architecture, and other applicable standards. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City fa- cilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the prop- erty, and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent proper- ties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty; 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site De- velopment and Design Standards; or 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section 18.2.3.090. (Ord. 3147 § 9, amended, 11/21/2017) Public Improvements Guarantee Public improvements required as part of a Site Design Review approval shall be subject to the performance guarantee and warranty bond provi- sions of chapter 18.4.6 Public Facilities, as applic- able. Expiration and Extensions Site Design Review approvals are subject to sections 18.1.6.030 Permit Expiration and 18.1.6.040 Permit Extension. Power to Amend Plans When approving an application to modify a Site Design Review approval pursuant to chapter 18.5.6, the Planning Commission or Staff Advisor may include any or all of the following conditions as they find necessary to meet the intent and pur- pose and the criteria for approval. ASHLAND LAND USE ORDINANCE 18.5.2.080 18.5-25 18.5.3.010 18.5.3.020 18.5.3.030 18.5.3.040 18.5.3.050 18.5.3.060 18.5.3.070 18.5.3.080 18.5.3.090 18.5.3.100 18.5.3.110 18.5.3.120 18.5.3.130 18.5.3.140 18.5.3.010 18.5.3.020 A. Require the value of the landscaping to be above two percent, but not greater than five per- cent of the total project costs as determined from the building permit valuation. B. Require such modifications in the landscap- ing plan as will ensure proper screening and aes- thetic appearance. C. Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead organic ground cover. D. Require the retention of existing trees, rocks, water ponds or courses, and other natural features. E. Require the retention and restoration of ex- isting historically significant structures on the pro- ject site. F. Require the City Engineer’s approval of a grading plan or drainage plan for a collection and transmission of drainage. G. Require the modification or revision of the design or remodeling of structures, signs, acces- sory buildings, etc., to be consistent with the Site Development and Design Standards. H. Require the modification of the placement of any new structures, new accessory uses, park- ing, and landscaping on the project site to buffer adjacent uses from the possible detrimental effects of the propose development. I. Restrict heights of new buildings or additions over 35 feet and increase setbacks up to 20 feet. J. Require on-site fire hydrants with protective barricades. K. Require the type and placement or shielding of lights for outdoor circulation and parking. L. Require new developments to provide lim- ited controlled access onto a major street by means of traffic signals, traffic controls and turning is- lands, landscaping, or any other means necessary to ensure the viability, safety, and integrity of the major street as a through corridor. M. Require pedestrian access, separate pedes- trian paths, sidewalks, and protection from weather in new developments. N. Require developments to provide access to improved City streets and, where possible, provide access to the lower order street rather than a major collector or arterial street. Chapter 18.5.3 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS Sections: Purpose. Applicability and General Requirements. Preliminary Plat Approval Process. Preliminary Plat Submissions. Preliminary Partition Plat Criteria. Additional Preliminary Flag Lot Partition Plat Criteria. Preliminary Subdivision Plat Criteria. Land Division-Related Variances. Final Plats. Filing and Recording. Re-platting and Vacation of Plats. Property Line Adjustments. Expiration and Extensions. Middle Housing Land Divisions (MHLD). Purpose The purpose of this chapter is to provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjust- ments as follows. A. Carry out the development pattern envi- sioned by the Comprehensive Plan. B. Encourage efficient use of land resources and public services, and to provide transportation options. C. Protect the natural environment and encour- age sustainable building practices. D. Promote the public health, safety and gen- eral welfare through orderly and efficient urban- ization. E. Coordinate land division requirements with other code provisions such as the Performance Standards Option. Applicability and General Requirements A. Applicability. The requirements for parti- tions and subdivisions apply, as follows: 18.5.3.010 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS 18.5-26 18.5.3.030 1. Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, within one calendar year. 2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract, each hav- ing frontage on a public street, within one calendar year. (Note: Partitions of three lots with access via a private drive are allowed under chapter 18.3.9, Performance Standards Option and PSO Overlay.) 3. Property line adjustments are modifica- tions to lot lines or parcel boundaries that do not result in the creation of new lots. 4. For properties located in the Performance Standards Overlay, all land divisions, other than partitions and development of individual dwelling units, shall be processed under chapter 18.3.9, Per- formance Standards Option and PSO Overlay. Properties not located in the Performance Stan- dards Overlay but meeting the requirements of section 18.3.9.030 may be processed under chapter 18.3.9, Performance Standards Option and PSO Overlay. Except as modified by chapter 18.3.9, the provisions of chapter 18.5.3 apply to devel- opment applications processed under the Perfor- mance Standards Option. B. Land Survey. Before any action is taken pursuant to this ordinance that would cause adjust- ments or realignment of property lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey pins or by a survey performed by a licensed surveyor. C. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evalua- tion and a final plat evaluation. 1. The preliminary plat must be approved be- fore the final plat can be submitted for review. 2. The final plat must demonstrate compli- ance with all conditions of approval of the prelim- inary plat. D. Compliance with Oregon Revised Statutes (ORS) chapter 92. All subdivisions and partitions shall conform to state regulations in Ore- gon Revised Statute (ORS) chapter 92, Subdivi- sions and Partitions. E. Future Re-Division Plan. When subdivid- ing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. If the Planning Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. F. Minor Amendments. The following minor amendments to subdivisions and partitions are subject to ministerial review in chapter 18.5.1.040. Changes to an approved plan or condition of ap- proval that do not meet the thresholds for a minor amendment, below, are subject to chapter 18.5.6, Modifications to Approved Planning Applications. 1. A change that does increase the number of lots or parcels created by the subdivision. 2. A change that does not enlarge the bound- aries of subdivided or partitioned area. 3. A change that does not alter the general lo- cation or amount of land devoted to a specific land use. 4. A change that makes only minor shifting of the established lines, location, or size of build- ings or building envelopes, proposed public or pri- vate streets, pedestrian ways, utility easement, or parks and common open spaces. (Ord. 3191 § 31, amended, 11/17/2020) Preliminary Plat Approval Process A. Review of Preliminary Plat. 1. Partitions. Preliminary plats for partitions, including flag lot partitions, are reviewed through the Type I procedure under section 18.5.1.050. 2. Subdivisions. Preliminary plats for subdi- visions are subject to the approval criteria in sec- tion 18.5.3.050 and are reviewed through the Type II procedure, pursuant to section 18.5.1.060. B. Modifications. The applicant may request changes to the approved preliminary plat or condi- tions of approval following the procedures and cri- teria provided in chapter 18.5.6, Modifications to Approved Planning Applications. See also subsec- tion 18.5.3.020.F, Minor Amendments. ASHLAND LAND USE ORDINANCE 18.5.3.030 18.5-27 18.5.3.040 C. Phased Subdivision. The Planning Com- mission may approve plans for phasing a subdi- vision, and changes to approved phasing plans, provided applicant’s proposal meets all of the fol- lowing criteria: 1. The proposed phasing schedule shall be reviewed with the preliminary subdivision plat ap- plication. 2. Commission approval is required for mod- ifications to phasing plans. 3. The required improvements (i.e., utilities, streets) for the first subdivision phase shall be in- stalled or bonded for within 18 months of the ap- proval of the preliminary plat, except when an extension of the preliminary plat is granted pur- suant to section 18.1.6.040. 4. Public facilities and common open spaces shall be constructed in conjunction with or prior to each phase. 5. The final plat for the first phase shall be approved within 18 months of the approval of the preliminary plat, except when extension of the pre- liminary plat is granted pursuant to section 18.1.6.040. (Ord. 3191 § 32, amended, 11/17/2020) Preliminary Plat Submissions Applications for preliminary plat approval shall contain all of the following information: A. General Submission Requirements. 1. Partitions. Information required for a Type I review (see section 18.5.1.050), including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. 2. Subdivisions. Information required for a Type II review (see section 18.5.1.060), including but not limited to a written statement or letter ex- plaining how the application satisfies each and all of the relevant criteria and standards. B. Preliminary Plat Information. In addition to the general information described in subsection A, above, and any information required pursuant to chapter 18.3.9, Performance Standards Option and PSO Overlay, the preliminary plat application shall consist of drawings and supplementary writ- ten material (i.e., on forms and/or in a written narrative) adequate to provide the following infor- mation, in quantities determined by Staff Advisor: 1. General information. a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in the City or vicinity. b. Date, north arrow, and scale of drawing. c. Location of the development sufficient to define its location in the City boundaries. d. Zoning of parcel to be divided, includ- ing any overlay zones. e. A title block specifying “minor or major partition” and including the partition number, City of Ashland, the names, addresses, and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and sur- veyor, and the date of the survey. f. Identification of the drawing as a “pre- liminary plat.” 2. Existing Conditions. Except where the Staff Advisor deems certain information is not rel- evant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site: a. Streets. Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site; b. Easements. Width, location, and pur- pose of all existing easements of record on and abutting the site; c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards; d. Topography and Natural Features. A topographic map showing contour intervals of five feet or less and the location of any physically con- strained lands, pursuant to chapter 18.3.10, and any natural features, such as rock outcroppings, wetlands, streams, wooded areas, and isolated preservable trees; e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applic- able; f. North arrow and scale. 3. Proposed Development. Except where the Staff Advisor deems certain information is not rel- evant, applications for preliminary plat approval 18.5.3.040 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS 18.5-28 18.5.3.050 shall contain all of the following information on the proposed development: a. Proposed lots, streets, tracts, common open space, and park land (if any); location, names, right-of-way dimensions. b. Location, width, and purpose of all pro- posed easements. c. Approximate dimensions, area calcula- tion (e.g., in square feet), and identification num- bers for all proposed lots and private tracts (e.g., common open space, common area, or street). d. Proposed uses of the property, including all areas proposed to be dedicated as public right- of-way or reserved as common open space. e. Proposed public street improvements, pursuant to chapter 18.4.6. f. Preliminary design for extending City water and sewer service to each lot, pursuant to chapter 18.4.6. g. Proposed method of storm water drainage and treatment, if required, pursuant to chapter 18.4.6. h. The approximate location and identity of other facilities, including the locations of elec- tric, fire hydrants, streetlights, and utilities, as ap- plicable. i. Evidence of compliance with applicable overlay zones. (Ord. 3191 § 33, amended, 11/17/2020) Preliminary Partition Plat Criteria The approval authority shall approve an appli- cation for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the re- mainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be im- peded. C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applic- able overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area De- sign. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. G. The proposed streets, utilities, and surface water drainage facilities conform to the street de- sign standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The prelim- inary plat shall identify all proposed public im- provements and dedications. H. Unpaved Streets. 1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully im- proved collector or arterial street, as designated in the Comprehensive Plan, such access shall be im- proved with an asphaltic concrete pavement de- signed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 2. Unpaved Streets. The Public Works Direc- tor may allow an unpaved street for access for a land partition when all of the following conditions exist. a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or ar- terial street. The City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. c. The final elevation of the street shall be established as specified by the Public Works Di- rector except where the establishment of the ele- vation would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street ele- vation. d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agree- ASHLAND LAND USE ORDINANCE 18.5.3.050 18.5-29 18.5.3.060 ing to participate in the cost of full street improve- ments and to not remonstrate to the formation of a local improvement district to cover such improve- ments and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. I. Where an alley exists adjacent to the parti- tion, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as ap- plicable, have been obtained or can reasonably be obtained prior to development. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. Additional Preliminary Flag Lot Partition Plat Criteria The approval authority shall approve a prelim- inary plat application for a flag lot partition only where all of the following criteria are met. A. The criteria of section 18.5.3.050 are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot, and a 12 foot wide dri- ving surface to the rear lot. Drives shared by adja- cent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Width shall be in- creased on turns where necessary to ensure fire ap- paratus remain on a paved surface during travel. E. Curb cuts have been minimized, where pos- sible, through the use of common driveways. No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a max- imum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent; provided, that the cumulative length of such variances across multiple sections of the flag drive does not exceed 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.5.5, Variances. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval. 2. No screening and paving requirements shall be required for the flagpole. 3. A four foot pedestrian path shall be in- stalled within the flagpole and improved and main- tained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot. 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four-inch by four-inch post that is 3½ feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. I. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof. J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4.6.040.G.5). The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemp- tions. K. Where off-street parking is voluntarily pro- vided on a flag lot, it shall be situated to eliminate the necessity for vehicles backing out. 18.5.3.060 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS 18.5-30 18.5.3.070 18.5.3.080 18.5.3.090 L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall pro- vide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. N. Both sides of the flag drive have been screened with a sight-obscuring fence, wall or fire- resistant broadleaf evergreen sight-obscuring hedge to a height of from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed to ensure fire apparatus access is not obstructed by the encroach- ment of mature landscaping. O. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Public Works Director and screening as re- quired by this section, and providing that if appli- cant should fail to complete such work within such period, the City may complete the same and re- cover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing mainte- nance. P. Flag lots shall be required to provide a use- able yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or auto- mobile from the ground upward. (Ord. 3229 § 10, amended, 12/19/2023; Ord. 3158 § 9, amended, 09/18/2018) Preliminary Subdivision Plat Criteria A. Approval Criteria. The approval authority, pursuant to subsection 18.5.3.030.A, may approve, approve with conditions or deny a preliminary subdivision plat on findings of compliance with all of the following approval criteria. 1. The subdivision plan conforms to applica- ble City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. 2. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applic- able overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). 3. Access to individual lots necessary to serve the development shall conform to the stan- dards contained in section 18.4.3.080 Vehicle Area Design. 4. The proposed streets, utilities, and surface water drainage facilities conform to the standards in chapter 18.4.6, and allow for transitions to exist- ing and potential future development on adjacent lands. The preliminary plat shall identify all pro- posed public improvements and dedications. 5. All proposed private common areas and improvements, if any, are identified on the prelimi- nary plat and maintenance of such areas(e.g., land- scaping, tree preservation, common areas, access, parking, etc.) is ensured through appropriate legal instrument (e.g., Covenants, Conditions and Re- strictions (CC&Rs). 6. Required State and Federal permits, as ap- plicable, have been obtained or can reasonably be obtained prior to development. B. Conditions of Approval. The approval au- thority may attach such conditions as are necessary to carry out provisions of this ordinance, and other applicable ordinances and regulations. Land Division-Related Variances Variances shall be processed in accordance with chapter 18.5.5. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted; when practical the applications shall be reviewed con- currently. Final Plats A. Final Plat Submission. Final plats require review and approval by the Staff Advisor and City Surveyor prior to recording with Jackson County. Within 18 months of the date of preliminary plat ASHLAND LAND USE ORDINANCE 18.5.3.090 18.5-31 18.5.3.100 approval, except when an extension of the prelim- inary plat is granted pursuant to section 18.1.6.040, the tract of land shall be surveyed, and the applicant shall submit the final plat. B. Final Plat Information. The final plat sub- mission requirements are as follows. 1. The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved prelimi- nary plat, and all conditions of approval have been satisfied. 2. All public improvements required by the preliminary plat have been installed and approved by the City or applicable service provider if dif- ferent than the City (e.g., road authority, utility provider), or otherwise bonded in conformance with chapter 18.4.6. 3. The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities. 4. All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat. 5. The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, and water and sewer facilities, as applicable. 6. As applicable, the applicant has furnished acceptable copies of Covenants, Conditions and Restrictions (CC&R’s), easements, maintenance agreements (e.g., landscaping, tree preservation, common areas, access, parking, etc.), and other documents pertaining to common improvements recorded and referenced on the plat. 7. Verification by the City that water and sanitary sewer service is available to every lot de- picted on the plat. 8. The format of the plat shall conform to ORS 92, and shall incorporate the preliminary plat information in section 18.5.3.040. 9. The plat contains an affidavit by the sur- veyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS 92, indicating the initial point of the sur- vey, and giving the dimensions and kind of such monument and its reference to some corner ap- proved by the Jackson County Surveyor for pur- poses of identifying its location. 10. A copy of any deed restrictions applica- ble to the partition or subdivision or the title report. C. Review Procedure. 1. Review of Final Plat. Upon receipt by the City, the final map and other data shall be re- viewed by the City Engineer and Staff Advisor who shall determine whether the subdivision as shown is substantially the same as it appeared on the approved preliminary plat and that there has been compliance with provisions of the law and of this code. The City may make such checks in the field as are desirable to verify that the map is suf- ficiently correct on the ground and City represen- tatives may enter the property for this purpose. If the City Engineer determines that full conformity has not been made, the applicant shall be advised of the changes or additions that must be made and shall afford the applicant an opportunity to make the changes or additions. 2. Approval of Final Plat. If the Staff Advi- sor and City Surveyor determine that the final plat is in full conformance with the approved prelim- inary plat and other regulations, the Staff Advi- sor and the City Surveyor may then sign the plat without further action by the Planning Commis- sion. If the final plat is not in full conformance with the preliminary plat, the applicant may re- quest changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in chapter 18.5.6. See also, subsection 18.5.3.020.F, Minor Amendments. Filing and Recording A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the partition or subdivision containing the lot is recorded. Re- quests to validate an existing lot created through means other than a final plat (“lot of record”) shall follow the procedure in chapter 18.1.3. The final plat filing and recording requirements are as fol- lows. A. Filing Plat with County. Within 60 days of the City approval of the final plat, the applicant shall submit the final plat to Jackson County for signatures of County officials as required by ORS chapter 92. 18.5.3.100 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS 18.5-32 18.5.3.110 18.5.3.120 18.5.3.130 18.5.3.140 B. Proof of Recording. Upon final recording with the County, the applicant shall submit to the City a paper copy and electronic files of all sheets of the recorded final plat. Re-platting and Vacation of Plats Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to re-plat or vacate a plat. Street va- cations are subject to AMC 4.18 and ORS 18.271. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets, or alleys; or if it fails to meet any applicable City standards. Property Line Adjustments A Property Line Adjustment is the modification of lot boundary when no lot is created. The Staff Advisor reviews applications for Property Line Adjustments through the Ministerial procedure, per section 18.5.1.040. The application submission and approval process for Property Line Adjust- ments is as follows. A. Submission Requirements. All applica- tions for Property Line Adjustment shall be made on forms provided by the City and shall include information required for a Ministerial review, pur- suant to section 18.5.1.040. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); loca- tion and dimensions of driveways and public and private streets within or abutting the subject lots; location of lands subject to the Ashland Floodplain Corridor Overlay; existing fences and walls; and any other information deemed necessary by the Staff Advisor for ensuring compliance with City codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots. B. Approval Criteria. The Staff Advisor shall approve or deny a request for a property line ad- justment in writing based on all of the following criteria. 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. 2. Lot Standards. Except as allowed for non- conforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, di- mensions, setbacks, and coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Ve- hicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. C. Final Property Line Adjustment Plat. The final plat for Property Line Adjustments shall be prepared as a partition plat, and meet the require- ments of sections 18.5.3.090. D. Recording Property Line Adjustments. 1. Recording. Within 60 days of the City ap- proval of the final plat (or the approval of the pre- liminary property line adjustment map expires), the applicant shall submit the final plat to Jackson County for signatures of County officials as re- quired by ORS chapter 92. 2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment sur- vey map to the City within 15 days of recording and prior to any application being filed for build- ing permits on the re-configured lots. Expiration and Extensions Land division approvals are subject to sections 18.1.6.030 Permit Expiration and 18.1.6.040 Per- mit Extension. Middle Housing Land Divisions (MHLD) A. Purpose. The middle housing land divisions (MHLD) process seeks to provide home owner- ship opportunities by allowing lots with middle housing to be divided so that each middle housing dwelling unit is on its own lot. As used in this sec- tion, a “middle housing land division” is the divi- sion of a lot or parcel on which the development of middle housing is allowed under ORS 197.758(3). For cities with populations of between 10,000 and 25,000 such as Ashland, the middle housing types ASHLAND LAND USE ORDINANCE 18.5.3.140 18.5-33 allowed under ORS 197.758(3) is limited to du- plexes. A middle housing land division includes both a preliminary plat approval and a final plat and is not considered a land use decision or a lim- ited land use decision under ORS 197.015. B. Applicability and General Requirements. 1. Lots in residential zones including R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones containing duplexes permitted on or after July 1, 2022, may be divided using the middle housing land division process outlined in this section. 2. The middle housing land divisions process in this section shall be used unless the applicant re- quests to use the standard partition procedures in section 18.5.3.030. 3. The middle housing land divisions process in this section may not be used to create separate lots for accessory residential units. C. Middle Housing Land Divisions Preliminary Plat Approval Process. 1. Approval Criteria. The Staff Advisor shall approve a middle housing land division prelimi- nary plat upon finding: a. The parent parcel is developed with middle housing allowed under ORS 197.758(3) or the application for a middle housing land division is being made concurrently with a building permit application for construction of middle housing un- der ORS 197.758(3) on the parcel. b. Each resulting middle housing lot or parcel shall contain no more than one middle hous- ing dwelling unit except for lots, parcels, or tracts proposed as common area. c. Accessory residential units (ARU) are not permitted on middle housing lots or parcels created under this section. d. Each lot is served with its own separate utilities. e. All easements necessary for each mid- dle housing dwelling unit shall be identified on the plat. Easements shall be provided to ensure: i. Provision of and access for mainte- nance and replacement of all utilities; ii. Pedestrian access from each dwelling unit to a public or private street; iii. All dedicated driveways, parking, common use areas or shared building elements and dedicated common areas can be accessed and used. f. Evidence submitted by the applicant demonstrates how buildings or structures on the resulting lots or parcels will comply with applica- ble building codes provisions relating to new prop- erty lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code. 2. The Staff Advisor shall apply additional conditions to the approval of a tentative plat for a middle housing land division to: a. Prohibit the further division of the re- sulting middle housing lots or parcels. b. Require that a notation appear on the fi- nal plat indicating that approval was given under this section, Middle Housing Land Divisions. 3. The type of middle housing developed on the original parent parcel is not altered by a middle housing land division. The newly created middle housing lots are created within a legal parent lot solely for the purpose of providing ownership op- portunities, and these new middle housing lots are not granted additional development rights and must be maintained to meet the criteria applicable to the “parent lot” (height, lot coverage, open space, etc.). A duplex divided into two middle housing lots is still considered part of the original duplex and subject to all conditions of the original duplex approval. 4. Where the parent lot or parcel abuts a pub- lic street and dedication or frontage improvements consistent with section 18.4.6.040.F were not pro- vided when the lot or parcel was created, nec- essary right-of-way and street frontage improvements shall be provided to meet the street design standards. 5. The access and minimum street frontage standards in section 18.2.4.010 shall not apply to middle housing land divisions. 6. There shall be no minimum area or di- mensional requirements for lots resulting from a MHLD. 7. The Staff Advisor shall not require a final plat before building permits are issued. D. Middle Housing Land Divisions Final Plat. 1. The final plat shall comply with the mid- dle housing land division preliminary plat condi- tions of approval. 18.5.3.140 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS 18.5-34 2. The following data requirements, if ap- plicable, shall also be shown on the final plat. a. All tracts of land intended to be deeded or dedicated for public use; b. Street names as approved by the Public Works Director in accordance with the “Criteria for Naming or Renaming a Street” in AMC 13.24.010. c. Any non-access strips. d. A notation indicating that approval was given under this section, Middle Housing Land Di- visions. 3. Approval Criteria. The Staff Advisor shall approve or deny the final plat for the middle hous- ing land division based upon the following criteria: a. All conditions of the middle housing land division preliminary plat approval have been satisfied and the final plat substantially conforms to the approved middle housing land division pre- liminary plat approval. b. Approved construction drawings for re- quired public improvements have been provided, including grading and drainage plans as applica- ble, and the applicant has provided verification by the City that electric, water and sanitary sewer ser- vices are available to every lot depicted on the plat. c. An approved security instrument is pro- vided to guarantee completion of any required public improvements that have not been com- pleted and accepted by the City. d. The plat contains a dedication to the public of all required public improvements, in- cluding but not limited to public streets and any public utility easements, and all required streets, accessways, easements, and other dedications or reservations are shown on the plat. e. The applicant has furnished acceptable copies of any applicable covenants, conditions and restrictions (CC&Rs), easements, maintenance agreements (e.g., landscaping, utilities, tree preser- vation, common areas, access, parking, etc.), and other documents pertaining to common improve- ments recorded and referenced on the plat. f. The format of the plat shall conform to Chapter 92 ORS, and shall incorporate the prelim- inary plat information in section 18.5.3.040.B. g. The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly sur- veyed and marked with proper monuments as pro- vided by Chapter 92 ORS, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the Jackson County Surveyor for purposes of identifying its location. h. A copy of any deed restrictions applic- able to the partition or subdivision or the title re- port. E. Filing and Records. 1. Recordation. Following review and the Staff Advisor’s approval of a middle housing land division final plat, the applicant shall take the fol- lowing actions: a. Obtain the approval signature on the middle housing land division final plat by the Jackson County Surveyor certifying that the final plat complies with all applicable survey laws. Be- fore certifying, the County Surveyor may make any necessary field investigations to verify that the plat survey is sufficiently accurate. If the County Surveyor determines that the plat does not comply, the applicant shall make corrections. When the County Surveyor determines that the plat con- forms, the County Surveyor shall sign and date the final plat. b. A notice of middle housing land divi- sion for each middle housing lot shall be recorded with the County Recorder that states: i. The middle housing lot may not be further divided. ii. No more than one unit of middle housing may be developed on each middle housing lot. iii. The dwelling developed on the mid- dle housing lot is a unit of middle housing and is not a single attached or detached dwelling, or any other housing type. c. File a statement of water right and, if a water right is appurtenant, a copy of the acknowl- edgment from the Water Resources Department. d. Deliver the approved final plat and ac- companying documents to the County Recorder for recording. e. Return a copy of the recorded final plat and notices of a middle housing land division to the City for filing. F. Expiration and Extensions. The final plat for a middle housing land division shall be ap- ASHLAND LAND USE ORDINANCE 18.5.3.140 18.5-35 18.5.4.010 18.5.4.020 18.5.4.030 18.5.4.040 18.5.4.050 18.5.4.060 18.5.4.070 18.5.4.010 18.5.4.020 18.5.4.030 proved within three years of the approval of the preliminary plat, except when extension of the pre- liminary plat approval is granted pursuant to sec- tion 18.1.6.040. (Ord. 3217 § 3, added, 02/21/2023) Chapter 18.5.4 CONDITIONAL USE PERMITS Sections: Purpose. Applicability. Review Procedure. Application Submission Requirements. Approval Criteria. Expiration; Revocation; Abandonment. Modifications to Conditional Use Permits. Purpose The purpose of this chapter is to provide pro- cedures and standards for permitting conditional uses. Applicability Chapter 18.5.4 applies to land use actions in- volving a conditional use as designated in section 18.2.2.030. Certain uses are permitted in each zon- ing district only as conditional uses, and condi- tional uses are identified in chapter 18.2.2 Base Zones and Allowed Uses. No conditionally per- mitted use may be established, enlarged or altered unless the City first issues a conditional use permit in accordance with the provisions of this chapter. Review Procedure Applications for Conditional Use Permits are reviewed as follows. A. Type I Reviews. The following Conditional Use Permits are subject to Type I review in chapter 18.5.1.050. 1. Conditional Use Permits involving exist- ing structures or additions to existing structures, and not involving more than three residential dwelling units. 2. Temporary uses, as defined in chapter 18.6. 3. Government signs per section 18.4.7. 4. Wireless communication facilities per sec- tion 18.4.10. B. Type I Reviews. Conditional Use Permits not listed in subsection 18.5.4.030.A, above, are subject to Type II review in section 18.5.1.060. 18.5.4.010 CONDITIONAL USE PERMITS 18.5-36 18.5.4.040 18.5.4.050 Application Submission Requirements An application for a Conditional Use Permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the City and accompanied by the required filing fee. The application shall include a plan or draw- ing meeting the requirements below. A. General Submission Requirements. Infor- mation required for Type I or Type II review, as ap- plicable (see sections 18.5.1.050 and 18.5.1.060), including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. B. Plan Submittal. The plan or drawing ac- companying the application shall include the fol- lowing information. 1. Vicinity map. 2. North arrow and scale. 3. Depiction and names of all streets abutting the subject property. 4. Depiction of the subject property, includ- ing the dimensions of all lot lines. 5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures. 6. Location of all parking areas, parking spaces, and ingress, egress, and traffic circulation for the subject property, including accessible park- ing by building code. 7. Schematic landscaping plan showing area and type of landscaping proposed. 8. A topographic map of the site showing contour intervals of five feet or less. 9. Approximate location of all existing nat- ural features in areas which are planned to be dis- turbed, including, but not limited to, all existing trees of greater than six inches DBH, any natural drainage ways, ponds or wetlands, and any sub- stantial outcroppings of rocks or boulders. Approval Criteria A. Approval Criteria. A Conditional Use Per- mit shall be granted if the approval authority finds that the application meets all of the following cri- teria, or can be made to conform through the im- position of conditions. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be pro- vided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the develop- ment of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, be- low. When evaluating the effect of the proposed use on the impact area, the following factors of liv- ability of the impact area shall be considered in re- lation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicy- cle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the im- pact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the ap- proval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Resi- dential Zones. ASHLAND LAND USE ORDINANCE 18.5.4.050 18.5-37 c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance require- ments; and within the Detailed Site Review over- lay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Al- lowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordi- nance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, de- veloped at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an in- tensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM-OE and CM-MU. The general of- fice uses listed in chapter 18.3.2 Croman Mill Dis- trict, developed at an intensity of 0.60 gross floor to area, complying with all ordinance require- ments. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, de- veloped at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. l. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. B. Conditions of Approval. The approval au- thority may impose conditions that are found nec- essary to ensure that the use is compatible with other uses in the vicinity, and that the negative im- pact of the proposed use on the surrounding uses and public facilities is minimized. These condi- tions include, but are not limited to, one or more of the following. 1. Limiting the hours, days, place, and/or manner of operation. 2. Specifying the period of time within which the proposed use shall be developed. 3. Limiting the duration of use. 4. Requiring site or architectural design fea- tures that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust, in addition to the re- quirements of part 18.4 Site Development and De- sign Standards. 5. Requiring larger setback areas, and/or building separation. 6. Requiring architectural design features such as building materials, textures, colors, and ar- chitectural features that address architectural com- patibility with the impact area. 7. Designating the size, number, location, de- sign, and screening of vehicle and pedestrian ac- cess points and applicant-proposed parking and loading areas. 8. Requiring street right-of-way to be ded- icated and street improvements made, or the in- stallation of pathways or sidewalks, as applicable, consistent with the requirements of chapter 18.4.6 Public Facilities. Alternatively, the City may re- quire the owner sign a non-remonstrance agree- ment and consent to participate in the costs of providing such improvements, per section 18.4.6.030. 9. Requiring landscaping, screening, drainage, water quality facilities, and/or improve- ment of parking and loading areas, in addition to the requirements of part 18.4 Site Development and Development Standards. 10. Regulation of building materials, tex- tures, colors, and architectural features. 11. Limiting the number, size, location, height and/or lighting of signs; 12. Limiting or setting standards for the lo- cation, type, design, and/or intensity of outdoor lighting. 13. Requiring berms, screening, or landscap- ing and the establishment of standards for their in- stallation and maintenance. 18.5.4.050 CONDITIONAL USE PERMITS 18.5-38 18.5.4.060 18.5.4.070 18.5.5.010 18.5.5.020 18.5.5.030 18.5.5.040 18.5.5.050 18.5.5.060 18.5.5.070 18.5.5.010 18.5.5.020 18.5.5.030 14. Requiring and designating the size, height, location, and/or materials for fences and walls. 15. Requiring the protection and preserva- tion of existing trees, soils, vegetation, water- courses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands. 16. Requiring improvements to water, sani- tary sewer, or storm drainage systems, in confor- mance with City standards. 17. The approval authority may require re- newal of Conditional Use Permits annually or in accordance with another timetable as approved pursuant to this chapter. Where applicable, the timetable shall provide for periodic review and re- newal, or expiration, of the Conditional Use Per- mit to ensure compliance with conditions of approval; such period review may occur through a Type I or Type II review process, pursuant to chap- ter 18.5.1. (Ord. 3229 § 11, amended, 12/19/2023) Expiration; Revocation; Abandonment Unless a longer period is specifically allowed by the approval authority, Conditional Use Permits are subject to sections 18.1.6.030 Permit Expi- ration and 18.1.6.040 Permit Extension. A con- ditional use is deemed void if discontinued or abandoned for a period of six consecutive months. Modifications to Conditional Use Permits Modifications to conditional use permits are subject to chapter 18.5.6. Chapter 18.5.5 VARIANCES Sections: Purpose. Applicability. Review Procedure. Application Submission Requirements. Approval Criteria. Effect. Expiration and Extension. Purpose Where practical difficulties, unnecessary hard- ships, and results inconsistent with the general purpose of the Land Use Ordinance (“this ordi- nance”) may result from the strict application of certain provisions thereof, a Variance may be granted as provided in this chapter. Applicability This chapter may not be used to allow a use that is not in conformity with the uses specified by this chapter for the district in which the land is located. Chapter 18.5.5 does not apply where this chapter specifically provides for exceptions to de- velopment standards (e.g., exceptions to the site development and design standards, solar setback, street standards, hillside lands development stan- dards, wildfire lands development standards, wa- ter resource protection zone standards). (Ord. 3158 § 10, amended, 09/18/2018) Review Procedure Applications for Variances are reviewed as fol- lows. A. Type I. The following Variances are subject to the Type I review procedure in section 18.5.1.050. 1. Sign placement, per chapter 18.4.7. 2. Non-conforming signs, when bringing them into conformance as described in chapter 18.4.7. 3. Up to a 50 percent reduction of standard yard requirements. 4. Parking in setback areas. 5. Up to ten percent reduction in the required minimum lot area. ASHLAND LAND USE ORDINANCE 18.5.5.030 18.5-39 18.5.5.040 18.5.5.050 18.5.5.060 6. Up to ten percent increase in the maxi- mum lot coverage percentage. 7. Up to 20 percent reduction in lot width or lot depth requirements. 8. Up to ten percent variance on height, width, depth, length, or other dimension not other- wise listed in this section. B. Type II. Variances not listed in subsection 18.5.5.030.A, above, are subject to the Type II re- view procedure in section 18.5.1.060. (Ord. 3229 § 12, amended, 12/19/2023) Application Submission Requirements An application for a Variance shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the City and ac- companied by the required filing fee. The applica- tion shall include a plan or drawing meeting the requirements below: A. General Submission Requirements. Infor- mation required for Type I or Type II review, as ap- plicable (see sections 18.5.1.050 and 18.5.1.060), including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. B. Plan Submittal. The plan or drawing ac- companying the application shall include the fol- lowing information. 1. Vicinity map. 2. North arrow and scale. 3. Depiction and names of all streets abutting the subject property. 4. Depiction of the subject property, includ- ing the dimensions of all lot lines. 5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures. 6. Location of all parking areas, parking spaces, and ingress, egress, and traffic circulation for the subject property, including accessible park- ing by building code. 7. Schematic landscaping plan showing area and type of landscaping proposed. 8. A topographic map of the site showing contour intervals of five feet or less. 9. Approximate location of all existing nat- ural features in areas which are planned to be dis- turbed, including, but not limited to, all existing trees of greater than six inches DBH, any natural drainage ways, ponds or wetlands, and any sub- stantial outcroppings of rocks or boulders. Approval Criteria A. The approval authority through a Type I or Type II procedure, as applicable, may approve a variance upon finding that it meets all of the fol- lowing criteria. 1. The variance is necessary because the sub- ject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent de- velopment, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical circum- stances related to the subject site. 3. The proposal’s benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-im- posed by the applicant or property owner. For ex- ample, the variance request does not arise as result of a property line adjustment or land division ap- proval previously granted to the applicant. B. In granting a variance, the approval author- ity may impose conditions similar to those pro- vided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole. Effect No building or zoning permit shall be issued in any case where a variance is required until the ef- fective date of the decision, and then only in ac- cordance with the terms and conditions of said approval. An appeal from the action of the ap- proval authority shall automatically stay the is- suance of the building or other permit until such appeal has been completed and the final decision of the City is issued. In the event the variance is approved, the building or zoning permit may be issued immediately thereafter, in accordance with such terms and conditions as may have been im- posed on said variance. 18.5.5.040 VARIANCES 18.5-40 18.5.5.070 18.5.6.010 18.5.6.020 18.5.6.030 18.5.6.040 18.5.6.010 18.5.6.020 18.5.6.030 Expiration and Extension Variances are subject to sections 18.1.6.030 Per- mit Expiration and 18.1.6.040 Permit Extension. Chapter 18.5.6 MODIFICATIONS TO APPROVED PLANNING APPLICATIONS Sections: Purpose. Applicability. Major Modifications. Minor Modifications. Purpose The purpose of this chapter is to provide an effi- cient process for modifying land use decisions and approved development plans. Applicability This chapter applies when an applicant proposes to modify an approved application or condition of approval. Major Modifications A. Authorization of Major Modifications. The approval authority and review procedure for Major Modification applications is the same as for the original project or plan approval. Any one of the following changes constitutes a Major Modifi- cation: 1. A change in land use, from a less intensive use to a more intensive use, as evidenced by an es- timated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, additional paved area, or similar factors, where the increase is 20 percent or more, provided the standards of parts 18.2, 18.3, and 18.4 are met. 2. An increase in floor area to a commercial or industrial development by 20 percent or more, or an increase in the number of dwelling units in a multifamily development, by ten percent or more, provided the standards of parts 18.2 and 18.3 are met. 3. An increase in building envelope or an in- crease in lot coverage by 20 percent or more, pro- vided the standards of parts 18.2 and 18.3 are met. 4. A change in the type and/or location of ve- hicle access points or approaches, driveways, or parking areas affecting off-site traffic if the change could cause a significant adverse impact on traffic operations or safety (i.e., requiring mitigation). ASHLAND LAND USE ORDINANCE 18.5.6.030 18.5-41 18.5.6.040 5. A reduction to screening, or a reduction to the area reserved for common open space or land- scaping by 20 percent or more. 6. A change to a building elevation or floor plan that the Staff Advisor determines is not in substantial conformance with the original ap- proval. 7. Change to a condition of approval, or a change similar to 18.5.6.030, subsections 1 - 6, above, that could have a detrimental impact on ad- joining properties. The Staff Advisor shall have discretion in determining detrimental impacts trig- gering a major modification. 8. Other changes similar to those in 18.5.6.030, subsections 1 - 6, above, in scale, mag- nitude, or impact to adjacent properties, as deter- mined by the Staff Advisor. B. Major Modification Applications. In re- questing a Major Modification, the applicant shall submit an application form, filing fee, a letter de- scribing the modification, and a site plan using the same plan format as in the original approval. The approval authority may require other relevant in- formation, as necessary, in evaluating the request. C. Major Modification Approval Criteria. A Major Modification shall be approved only upon the approval authority finding that all of the fol- lowing criteria are met. 1. Major Modification applications are sub- ject to the same approval criteria used for the ini- tial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial devel- opment’s parking lot shall require Site Design Re- view only for the proposed parking lot and any changes to associated access, circulation, etc. 2. A modification adding or altering a condi- tional use, or requiring a variance, administrative variance, or exception may be subject to other or- dinance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings. (Ord. 3229 § 13, amended, 12/19/2023) Minor Modifications A. Authorization of Minor Modifications. 1. A Minor Modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a Major Mod- ification listed in section 18.5.6.030.A. For minor amendments to partitions and subdivisions, see also, subsection 18.5.3.020.F. 2. The Staff Advisor through a Ministerial or Type I procedure, depending on whether the pro- posal involves the exercise of discretion, shall re- view proposals for Minor Modifications. B. Minor Modification Applications. In re- questing a Minor Modification, the applicant shall submit an application form, filing fee, a letter de- scribing the modification, and a site plan using the same plan format as in the original approval. The approval authority may require other relevant in- formation, as necessary, in evaluating the request. C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the fol- lowing criteria are met. 1. Minor Modification applications are sub- ject to the same approval criteria used for the ini- tial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial devel- opment’s parking lot shall require Site Design Re- view only for the proposed parking lot and any changes to associated access, circulation, etc. No- tice shall be provided in accordance with chapter 18.5.1. 2. A modification adding or altering a condi- tional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordi- nance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not re- quired, where the original approval was approved through a Ministerial review. 18.5.6.040 MODIFICATIONS TO APPROVED PLANNING APPLICATIONS 18.5-42 18.5.7.010 18.5.7.020 18.5.7.030 18.5.7.040 18.5.7.050 18.5.7.060 18.5.7.070 18.5.7.080 18.5.7.090 18.5.7.010 18.5.7.020 Chapter 18.5.7 TREE REMOVAL PERMITS Sections: Purpose. Applicability and Review Procedure. Application Submission Requirements. Approval Criteria. Mitigation Required. Conditions of Approval for Tree Removal Permits. Expiration of Tree Removal Permits. Evidence of Violation. Enforcement and Penalties. Purpose The City recognizes the importance of trees to the character and beauty of Ashland as well as the role that trees have in advancing the public health, safety, and welfare. The City has therefore deter- mined that reasonable regulation of the removal of certain trees is necessary and that this regulation of trees is based upon the following general guide- lines. A. The City recognizes that trees can provide soil stability, noise buffering, and wind protection benefits. The City greatly values trees for their ecological importance, temperature mitigation, en- hanced wildlife habitat, and aesthetics. B. The City recognizes the special significance of heritage and distinctive trees, and values the contribution, which such trees make to the beauty and quality of life of Ashland. C. The City recognizes that because of the known benefits of trees, development property should be protected from unregulated removal of trees prior to the approval of development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. D. The City recognizes that residents in single- family zones should have the freedom to deter- mine the nature of their private landscaped surroundings. E. The City recognizes that city-owned prop- erty and properties located in multi-family res- idential zones often have special landscaping circumstances, and that these special circum- stances have the potential to affect significantly larger numbers of persons if unregulated. Because of this, such properties require reasonable regula- tion. Applicability and Review Procedure All tree removal and topping activities shall be carried out in accordance with the requirements of this chapter and as applicable, the provisions of part 18.3, Special Districts and Overlay Zones, and chapter 18.4.4, Landscaping, Lighting, and Screening. If tree removal is part of another planning action involving development activities, the tree removal application, if timely filed, shall be processed con- currently with the other planning action. Appli- cations for tree removal permits are reviewed as follows: A. Ministerial Action. The following tree re- moval permits are subject to the ministerial proce- dure in section 18.5.1.040: 1. Emergency tree removal permit. B. Type I Reviews. The following tree re- moval permits are subject to the Type I review in section 18.5.1.050. This section applies to removal of trees that are a hazard or are not a hazard. 1. Removal of trees greater than six inches DBH on private lands zoned C-1, E-1, M-1, CM, or HC. 2. Removal of trees greater than six inches DBH on lots zoned R-2, R-3, and R-1-3.5 that are not occupied solely by a detached single-family dwelling and associated accessory structures in- cluding an accessory residential unit, or by a du- plex. 3. Removal of significant trees, as defined in part 18.6, on vacant property zoned for residen- tial purposes including but not limited to R-1, RR, WR, and NM zones. 4. Removal of significant trees as defined in part 18.6, on lands zoned SOU, on lands under the control of the Ashland School District, or on lands under the control of the City. 5. Tree topping permit. C. Exempt from Tree Removal Permit. The following activities are exempt from the require- ASHLAND LAND USE ORDINANCE 18.5.7.020 18.5-43 18.5.7.030 ment for a tree removal permit in subsections 18.5.7.020.A and B, above: 1. Those activities associated with the estab- lishment or alteration of any park under the Ash- land Parks and Recreation Commission. However, the Parks and Recreation Department shall provide an annual plan in January to the Tree Commission outlining proposed tree removal and topping ac- tivities, and reporting on tree removal and topping activities that were carried out in the previous year. 2. Removal of trees in single-family residen- tial zones on lots occupied only by a detached single-family dwelling and associated accessory structures including an accessory residential unit, or by a duplex, where the property is less than twice the minimum lot size or otherwise ineligible to be partitioned or subdivided, except as other- wise regulated by chapter 18.3.10, Physical and Environmental Constraints Overlay, and chapter 18.3.11, Water Resources Protection Zones (Over- lays). 3. Removal of trees in multifamily residen- tial and health care zones on lots occupied only by a detached single-family dwelling and associated accessory structures including an accessory resi- dential unit, or by a duplex, where the property cannot be further developed with additional dwelling units other than an accessory residential unit or a duplex, except as otherwise regulated by chapter 18.3.10, Physical and Environmental Con- straints Overlay, and chapter 18.3.11, Water Re- sources Protection Zones (Overlays). 4. Removal of trees less than six inches DBH in any zone, excluding those trees located within the public right-of-way or required as conditions of approval with landscape improvements for planning actions. 5. Removal of trees less than 18 caliper inches in DBH on any public school lands, South- ern Oregon University, and other public land, ex- cluding heritage trees. 6. Removal of trees within the wildfire lands area of the City, as defined on adopted maps, for the purposes of wildfire fuel management consis- tent with the fuel modification area standards in section 18.3.10.100, and in accord with the re- quirements of chapter 18.3.10, Physical and En- vironmental Constraints Overlay, and chapter 18.3.11, Water Resources Protection Zones (Over- lays). 7. Removal of dead trees. 8. Those activities associated with tree trim- ming for safety reasons, as mandated by the Ore- gon Public Utilities Commission, by the City’s Electric and Telecommunication Utility. However, the Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and reporting on tree trimming activities that were car- ried out in the previous year. Tree trimming shall be done, at a minimum, by a journeyman tree trim- mer, as defined by the Utility, and will be done in conformance and to comply with OPUC regula- tions. 9. Removal of street trees within the public right-of-way subject to street tree removal permits in AMC 13.16. 10. Those activities associated with tree trimming or removal at the airport, within the Air- port (A) overlay zone for safety reasons, as man- dated by the Federal Aviation Administration. The Public Works Department shall provide an annual report to the Tree Commission outlining tree trim- ming activities and reporting on tree trimming ac- tivities that were carried out in the previous year. D. Other Requirements. 1. Floodplain, Hillsides, and Wildfire. Tree removal in the Physical and Environmental Con- straints Overlay (i.e., areas identified as floodplain corridor land, hillside lands, wildfire lands and se- vere constraint lands) must also comply with the provisions of chapter 18.3.10, Physical and Envi- ronmental Constraints Overlay. 2. Water Resources. Tree removal in regu- lated riparian areas and wetlands must also comply with the provisions of chapter 18.3.11, Water Re- sources Protection Zones (Overlays). (Ord. 3199 § 26, amended, 06/15/2021; Ord. 3191 § 34, amended, 11/17/2020; Ord. 3158 § 11, amended, 09/18/2018) Application Submission Requirements An application for a Tree Removal Permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the City and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below. 18.5.7.030 TREE REMOVAL PERMITS 18.5-44 18.5.7.040 A. General Submission Requirements. Infor- mation required for a Ministerial or Type I review, as applicable (see sections 18.5.1.040 and 18.5.1.050.), including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. B. Plan Submittal. An application for all Tree Removal Permits shall include the following. 1. Plans drawn to scale containing the num- ber, size, species, and location of the trees pro- posed to be removed or topped on a site plan of the property. 2. The anticipated date of removal or top- ping. 3. A statement of the reason for removal or topping. If a prior planning approval requires that the subject tree(s) be preserved, a modification re- quest, pursuant to chapter 18.5.6, may also be re- quired. 4. Information concerning proposed land- scaping or planting of new trees to replace the trees to be removed. 5. Evidence that the trees proposed for re- moval or topping have been clearly identified on the property for visual inspection. 6. A Tree Protection Plan that includes trees located on the subject site that are not proposed for removal, and any off-site trees where drip lines ex- tend into proposed landscaped areas on the subject site. Such plans shall conform to the protection re- quirements under section 18.4.5.030. 7. The Staff Advisor may require an ar- borist’s report to substantiate the criteria for a per- mit. 8. Any other information reasonably re- quired by the City. Approval Criteria A. Emergency Tree Removal Permit. An Emergency Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. If the condition of a tree presents an im- mediate danger of collapse, as defined in part 18.6, and represents a clear and present hazard to per- sons or property, an emergency tree removal per- mit may be issued and the payment of a fee may be waived. The Staff Advisor may require the ap- plicant to hire an arborist to review the evidence to ascertain whether the tree presented an immediate danger of collapse. B. Tree Removal Permit. 1. Hazard Tree. A Hazard Tree Removal Per- mit shall be granted if the approval authority finds that the application meets all of the following cri- teria, or can be made to conform through the im- position of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facil- ity, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pur- suant to section 18.5.7.050. Such mitigation re- quirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Re- moval Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in or- der to permit the application to be consistent with other applicable Land Use Ordinance require- ments and standards, including but not limited to applicable Site Development and Design Stan- dards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. b. Removal of the tree will not have a sig- nificant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a sig- nificant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reason- able alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the per- ASHLAND LAND USE ORDINANCE 18.5.7.040 18.5-45 18.5.7.050 18.5.7.060 mitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted ap- proval pursuant to section 18.5.7.050. Such mit- igation requirements shall be a condition of approval of the permit. C. Tree Topping Permit. Topping is an inju- rious pruning practice, which may lead to stress, disease, and decay in trees. It should be avoided whenever an alternative exists. A Tree Topping Permit may be issued if all of the following apply. 1. A utility, public agency, or other person who routinely tops trees in furtherance of public safety, may apply for a topping permit pursuant to this section based upon an arborist’s report estab- lishing a methodology for topping in compliance with this subsection. 2. Trees under utility wires may be topped only where other pruning techniques are impracti- cal. 3. The City, in granting approval for tree re- moval in an open space or undeveloped area, may allow a tree to be topped to a designated height in order to maintain a snag for wildlife habitat. Mitigation Required One or more of the following shall satisfy the mitigation requirement: A. Replanting On Site. The applicant shall plant either a minimum one-and-one-half-inch caliper healthy and well-branched deciduous tree or a five- to six-foot-tall evergreen tree for each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the re- moved tree in size if appropriate for the new lo- cation. Larger trees may be required where the mitigation is intended, in part, to replace a visual screen between land uses. “Suitable species” means the tree’s growth habits and environmental requirements are conducive to the site, given ex- isting topography, soils, other vegetation, exposure to wind and sun, nearby structures, overhead wires, etc. The tree shall be planted and main- tained per the specifications of the Recommended Street Tree Guide. B. Replanting Off Site. If in the City’s deter- mination there is insufficient available space on the subject property, the replanting required in subsection 18.5.7.050.A, above, shall occur on other property in the applicant’s ownership or con- trol within the City, in a common open space tract that is part of the same subdivision, or in a City owned or dedicated public open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City owned or dedicated property. C. Payment In Lieu of Planting. If in the City’s determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree account an amount as established by resolution of the City Council. D. Mitigation Plan. An approved mitigation plan shall be fully implemented within one year of a tree being removed unless otherwise set forth in a tree removal application and approved in the tree removal permits. (Ord. 3191 § 35, amended, 11/17/2020) Conditions of Approval for Tree Removal Permits The City may impose conditions of approval on any Tree Removal Permit if the condition is reasonably related to preventing, eliminating, or mitigating a negative impact or potential negative impact on natural features or processes or on the built environment of the neighborhood which is as created or contributed to by the approved tree re- moval. Conditions of approval may include, but are not limited to the following. A. Requiring modifications in the location, de- sign, or intensity of a development or activities on a site or to require or prohibit certain construction methods. Modifications may result in a decrease in size of residential or commercial structures, but modifications shall not reduce the density of res- idential development below the permitted density allowed by the zone. B. Requiring vegetation not requiring a tree re- moval permit to remain in place or be planted. 18.5.7.050 TREE REMOVAL PERMITS 18.5-46 18.5.7.070 18.5.7.080 18.5.7.090 C. Requiring the removal of injurious or nox- ious vegetation (such as English Ivy) from other trees on the property. Expiration of Tree Removal Permits Tree removal permits shall remain valid for a period of 18 months from the date of issuance or date of final decision by a hearing body, if applic- able. A 30-day extension shall be automatically granted by the Staff Advisor if requested in writing before the expiration of the permit. Permits that have lapsed are void. Trees removed after a tree re- moval permit has expired shall be considered a vi- olation of this chapter. Evidence of Violation A. If a tree is removed without a Tree Removal Permit, a violation shall be determined by measur- ing the stump. A stump that is eight caliper inches or more in diameter shall be considered initial evi- dence of a violation of this chapter. B. Removal of the stump of a tree removed without a tree removal permit prior to the determi- nation provided in 18.5.7.080.A, above, is a viola- tion of this chapter. C. Proof of violation of this chapter shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the violation was committed. Prosecution of or failure to prosecute the owner shall not be deemed to re- lieve any other responsible person. D. Tree removal or topping caused by natural weather conditions shall not be deemed a violation of this chapter and shall be exempt from all penal- ties set forth in section 18.5.7.090. Enforcement and Penalties In addition to taking enforcement action and as- sessing penalties for violations of this code, as authorized by chapter 18.1.6, Zoning Permit Expi- ration, Extension, and Enforcement, the City may take the following mitigation actions where there is a violation of this chapter: A. Arborist Report and Required Treatment. Upon request by the City, a person who violates any provision of this chapter shall submit a report prepared by an arborist to evaluate the damage to a tree and/or make recommenda- tions to remedy the violation. The City upon eval- uating these recommendations, may, at the City’s discretion, require that the recommended measures be implemented. B. Restoration Fee. In addition to any fine and enforcement fee, the court may impose a restora- tion fee as restitution to the City for restoring the tree. This fee may be imposed upon any person who violates any provision of this chapter or who violates any permit or condition of any permit. 1. The fee shall be paid into the City’s tree account and shall be a standard fee per caliper inch for the total number of caliper inches of the tree damaged or removed in violation of this chapter. The standard fee shall be in an amount as estab- lished by resolution of the City Council. 2. The court may require the person to pay into the City’s tree account an increased fee per caliper inch or pay for the value of the tree, whichever is greater, if any of the following apply: a. The person has committed a previous violation of a provision of this chapter. b. Tree protection measures as required by this chapter were not installed or maintained. c. The tree removed or damaged was: i. Eighteen caliper inches in diameter or greater; ii. A designated heritage tree; iii. Expressly protected or required to be preserved as a condition of approval of a develop- ment permit pursuant to this ordinance; or iv. Located on public right-of-way, City owned or dedicated property, a common open space area or conservation easement. 3. The value of a tree under this section shall be determined by an arborist in accordance with the methods set forth in the Guide for Plant Ap- praisal, an official publication of the International Society of Arboriculture. C. Fine. The removal of a tree in violation of this chapter, in violation of a permit or any condi- tion of a permit issued under this chapter, shall be a separate offense for each tree. D. Cumulative Remedies. The rights, reme- dies, and penalties provided in this chapter are cu- mulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law. (Ord. 3191 § 36, amended, 11/17/2020) ASHLAND LAND USE ORDINANCE 18.5.7.090 18.5-47 18.5.8.010 18.5.8.020 18.5.8.030 18.5.8.040 18.5.8.050 18.5.8.060 18.5.8.070 18.5.8.010 18.5.8.020 18.5.8.030 18.5.8.040 18.5.8.050 Chapter 18.5.8 ANNEXATIONS Sections: Purpose. Application Submission Requirements. Applicability and Review Procedure. Initiation by City Council or Planning Commission. Approval Criteria and Standards. Boundaries. Statutory Procedures. Purpose The purpose of this chapter is to establish pro- cedures and approval criteria for the annexation of land to provide for the orderly expansion of the City and public facilities and services, con- sistent with the provisions of the Oregon Revised Statutes (ORS) including ORS chapter 222 or suc- cessor state statute. (Ord. 3204 § 3, amended, 12/21/2021) Application Submission Requirements Except for annexations initiated pursuant to sec- tion 18.5.8.040, application for annexation shall include the following information: A. Consent to annexation, which is non-revoca- ble for a period of one year from its date. B. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510. C. Boundary description and map prepared in accordance with ORS 308.225. Such description and map shall be prepared by a registered land sur- veyor. The boundaries shall be surveyed and mon- umented as required by statute subsequent to City Council approval of the proposed annexation. D. Written findings addressing the criteria and standards in section 18.5.8.050. E. Written request by the property owner for a zone change; provided, however, no written re- quest shall be necessary if the annexation has been approved by a majority vote in an election meeting the requirements of Section 11g of Article XI of the Oregon Constitution (Ballot Measure No. 47). F. For annexation applications not initiated by the City, a concurrent filing of a planning applica- tion (e.g., site design review, subdivision, or land division) for the development of the annexed area. (Ord. 3204 § 3, amended, 12/21/2021) Applicability and Review Procedure All annexations shall be processed under the Type III procedure. Except for City-initiated an- nexations, annexation applications require an ac- companying planning application for the development of the entirety of the annexed area in accordance with applicable procedure and ap- proval criteria in chapter 18.5.1, General Review Procedures, concurrent with the annexation appli- cation. A. Legislative Authority. Annexations are a legislative decision and the City Council makes the final decision on annexations in accordance with subsection 18.5.1.010.B.4. The City Council may require improvements to public facilities, such as utilities and streets, as a condition to an- nexation approval, in addition to the requirements of section 18.5.8.050, and grant exceptions and variances to the criteria and standards in accor- dance with subsection 18.5.8.050.I. (Ord. 3204 § 3, amended, 12/21/2021) Initiation by City Council or Planning Commission The City Council or Planning Commission on its own motion may initiate a proposal for annex- ation. The applicable approval criteria and stan- dards in section 18.5.8.050 shall apply to City-initiated annexation applications. Annexa- tions initiated to address dangers to public health shall follow the process and be subject to the cri- teria in ORS chapter 222 or successor state statute. (Ord. 3204 § 3, amended, 12/21/2021) Approval Criteria and Standards An application for an annexation may be ap- proved if the proposal meets the applicable criteria in subsections A through H below. The approval authority may, in approving the application, im- pose conditions of approval consistent with the applicable criteria and standards, and grant excep- tions and variances to the criteria and standards in this section in accordance with subsection I. 18.5.8.010 ANNEXATIONS 18.5-48 A. The annexed area is within the City’s Urban Growth Boundary. B. The annexation proposal is consistent with the Comprehensive Plan designations applicable to the annexed area, including any applicable adopted neighborhood, master, or area plan, and is an allowed use within the proposed zoning. C. The annexed area is contiguous with the City limits. D. Adequate City facilities for the provision of water to the annexed area as determined by the Public Works Department; the transport of sewage from the annexed area to an approved waste water treatment facility as determined by the Public Works Department; the provision of electricity to the annexed area as determined by the Electric De- partment; urban storm drainage as determined by the Public Works Department can and will be pro- vided from the annexed area. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that ad- equate capacity exists system-wide for these fa- cilities. All required public facility improvements shall be constructed and installed in accordance with subsection 18.4.6.030.A. E. Adequate transportation can and will be pro- vided to serve the annexed area. For the purposes of this section, “adequate transportation” for an- nexations consists of vehicular, bicycle, pedes- trian, and transit transportation meeting the following standards: 1. For vehicular transportation a minimum 22-foot-wide paved access exists, or can and will be constructed, providing access to the annexed area from the nearest fully improved collector or arterial street. All streets bordering on the annexed area shall be improved, at a minimum, to an ap- plicable City half-street standard. The approval au- thority may, after assessing the impact of the development, require the full improvement of streets bordering on the annexed area. All streets located within annexed areas shall be fully im- proved to City standards unless exception criteria apply. Where future street dedications are indi- cated on the Street Dedication Map or required by the City, provisions shall be made for the dedica- tion and improvement of these streets and included with the application for annexation. 2. For bicycle transportation, safe and acces- sible bicycle facilities according to the safety analysis and standards of the governing jurisdic- tion of the facility or street (e.g., City of Ashland, Jackson County, Oregon Department of Trans- portation) exist, or can and will be constructed. Should the annexed area border an arterial street, bike lanes shall be constructed along the arterial street frontage of the annexed area. Likely bicycle destinations within a quarter of a mile from the an- nexed area shall be determined and the approval authority may require the construction of bicycle lanes or multiuse paths connecting the annexed area to the likely bicycle destinations after assess- ing the impact of the development proposed con- currently with the annexation. 3. For pedestrian transportation, safe and ac- cessible pedestrian facilities according to the safety analysis and standards of the governing ju- risdiction of the facility or street (e.g., City of Ashland, Jackson County, Oregon Department of Transportation) exist, or can and will be con- structed. Full sidewalk improvements shall be pro- vided on one side of all streets bordering on the proposed annexed area. Sidewalks shall be pro- vided as required by ordinance on all streets within the annexed area. Where the annexed area is within a quarter of a mile of an existing sidewalk system or a location with demonstrated significant pedestrian activity, the approval authority may re- quire sidewalks, walkways or multiuse paths to be constructed and connect to either or both the ex- isting system and locations with significant pedes- trian activity. 4. For transit transportation, should transit service be available to the annexed area, or be likely to be extended to the annexed area in the future based on information from the local public transit provider, the approval authority may re- quire construction of transit facilities, such as bus shelters and bus turnout lanes. 5. Timing of Transportation Improvements. All required transportation improvements shall be constructed and installed in accordance with sub- section 18.4.6.030.A. F. For all residential annexations, a plan shall be provided demonstrating that the development of the annexed area will ultimately occur at a min- imum density of 90 percent of the base density ASHLAND LAND USE ORDINANCE 18.5.8.050 18.5-49 for the zone, unless reductions in the total number of units are necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the annexed area shall sign an agreement, to be recorded with the County Clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing unbuildable lots, parcels, or portions of the annexed area such as existing streets and associated rights-of-way, railroad fa- cilities and property, wetlands, floodplain corridor lands, slopes greater than 35 percent, or land area dedicated as a public park, shall not be included. G. Except as provided in subsection 18.5.8.050.G.7, below, annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay) shall meet the following requirements: 1. The total number of affordable units pro- vided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25 percent of the base density as calculated using the unit equivalency values set forth herein. The base density of the an- nexed area for the purpose of calculating the total number of affordable units in this section shall ex- clude any unbuildable lots, parcels, or portions of the annexed area such as existing streets and as- sociated rights-of-way, railroad facilities and prop- erty, wetlands, floodplain corridor lands, water resource areas, slopes greater than 35 percent, or land area dedicated as a public park. a. Ownership units restricted to house- holds earning at or below 120 percent of the area median income shall have an equivalency value of 0.75 unit. b. Ownership units restricted to house- holds earning at or below 100 percent of the area median income shall have an equivalency value of 1.0 unit. c. Ownership or rental units restricted to households earning at or below 80 percent of the area median income shall have an equivalency value of 1.25 unit. 2. As an alternative to providing affordable units per section 18.5.8.050.G.1, above, the appli- cant may provide title to a sufficient amount of buildable land for development complying with subsection 18.5.8.050.G.1.b, above, through trans- fer to a non-profit (IRC 501(3)(c)) affordable housing developer or public corporation created under ORS 456.055 to 456.235. a. The land to be transferred shall be lo- cated within the project meeting the standards set forth in sections 18.5.8.050.G.5 and 18.5.8.050.G.6. b. All needed public facilities shall be ex- tended to the area or areas proposed for transfer. c. Prior to commencement of the project, title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a non-profit 501(c)(3) or- ganization, or a public corporation created under ORS 456.055 to 456.235. d. The land to be transferred shall be deed restricted to comply with Ashland’s affordable housing program requirements. e. Transfer of title of buildable land in ac- cordance with this subsection shall exempt the project from the development schedule require- ments set forth in subsection 18.5.8.050.G.4. 3. The affordable units shall be comparable in bedroom mix with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable units within the residential development shall be in equal proportion to the number of bedrooms per dwelling unit in the mar- ket rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to mar- ket rate units. The minimum square footage of each affordable unit shall comply with the min- imum required floor area based as set forth in Table 18.5.8.050.G.3, or as established by the U.S. Department of Housing and Urban Development (HUD) for dwelling units developed under the HOME program. 18.5.8.050 ANNEXATIONS 18.5-50 Table 18.5.8.050.G.3. Minimum Required Floor Area for Affordable Units Unit Type Minimum Required Unit Floor Area (Square Feet) Studio 350 1 bedroom 500 2 bedroom 800 3 bedroom 1,000 4 bedroom 1,250 4. A development schedule shall be provided that demonstrates that the affordable housing units per subsection 18.5.8.050.G shall be developed, and made available for occupancy, as follows: a. That 50 percent of the affordable units shall have been issued building permits prior to is- suance of a certificate of occupancy for the last of the first 50 percent of the market rate units. b. Prior to issuance of a building permit for the final ten percent of the market rate units, the final 50 percent of the affordable units shall have been issued certificates of occupancy. 5. That affordable housing units shall be con- structed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the afford- able units in any residential development shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for affordable units as for market rate units. b. Affordable units may differ from mar- ket rate units with regard to floor area, interior fin- ishes and materials, and housing type; provided, that the affordable housing units are provided with comparable features to the market rate units, and shall have generally comparable improvements re- lated to energy efficiency, including plumbing, in- sulation, windows, appliances, and heating and cooling systems. 6. Exceptions to the requirements of subsec- tions 18.5.8.050.G.2through 18.5.8.050.G.5, above, may be approved by the City Council upon consideration of one or more of the following: a. That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chap- ter, than would development meeting the on-site dedication requirement of subsection 18.5.8.050.G.2. b. That the alternative phasing proposal not meeting subsection 18.5.8.050.G.4 provided by the applicant provides adequate assurance that the affordable housing units will be provided in a timely fashion. c. That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per subsection 18.5.8.050.G.5, are necessary due to lo- cal, state, or federal affordable housing standards or financing limitations. 7. The total number of affordable units de- scribed in this subsection shall be determined by rounding up fractional answers to the nearest whole unit. A deed restriction or similar legal in- strument shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years for units qualified as affordable rental housing, or 30 years for units qualified as afford- able for-purchase housing. H. One or more of the following standards are met: 1. The annexation proposal shall meet the re- quirements of subsection 18.5.8.050.B, above. 2. A current or probable danger to public health exists within the proposed area for annexa- tion due to lack of full City sanitary sewer or wa- ter services in accordance with the criteria in ORS chapter 222 or successor state statute. 3. Existing development in the proposed area for annexation has inadequate water or sanitary sewer service, or the service will become inade- quate within one year. ASHLAND LAND USE ORDINANCE 18.5.8.050 18.5-51 18.5.8.060 18.5.8.070 18.5.9.010 18.5.9.020 18.5.9.010 18.5.9.020 4. The proposed area for annexation has ex- isting City water or sanitary sewer service ex- tended, connected, and in use, and a signed consent to annexation agreement has been filed and accepted by the City. 5. The proposed area for annexation is an is- land surrounded by lands within the City limits. I. Exceptions and Variances to the Annexation Approval Criteria and Standards. The approval authority may approve exceptions to and variances from the approval criteria and standards in this section using the criteria in sec- tion 18.4.6.020.B.1, Exceptions to the Street De- sign Standards, or chapter 18.5.5, Variances. (Ord. 3204 § 3, amended, 12/21/2021) Boundaries When an annexation is initiated by an applicant other than the City, the Staff Advisor may include other land in the proposed annexation in order to make a boundary extension more logical, to ad- dress the effective extension of public facilities, or to avoid an area of land which is not incorpo- rated but is partially or wholly surrounded by the City. The Staff Advisor, in a report to the Planning Commission and City Council, shall justify the in- clusion of any land other than the land for which the annexation is filed. (Ord. 3204 § 3, amended, 12/21/2021) Statutory Procedures The applicant for the annexation shall also de- clare which procedure under ORS chapter 222 the applicant proposes that the Council use, and sup- ply evidence that the approval through this pro- cedure is likely. (Ord. 3204 § 3, amended, 12/21/2021) Chapter 18.5.9 COMPREHENSIVE PLAN, ZONING, AND LAND USE ORDINANCE AMENDMENTS Sections: Purpose. Applicability and Review Procedure. Purpose This chapter contains the procedure for amend- ing the Comprehensive Plan, Zoning and Land Use Control Maps, and Land Use Ordinance. Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amend- ments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates one or more of the fol- lowing: 1. The change implements a public need sup- ported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designa- tion was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general pub- lic welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in section 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Over- lay) will not negatively impact the City’s commer- cial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in section 18.5.8.050.G. 18.5.8.060 COMPREHENSIVE PLAN, ZONING, AND LAND USE ORDINANCE AMENDMENTS 18.5-52 18.5.10.010 18.5.10.020 18.5.10.030 18.5.10.040 18.5.10.050 18.5.10.060 18.5.10.070 18.5.10.080 18.5.10.090 18.5.10.100 18.5.10.110 18.5.10.010 18.5.10.020 6. The total number of affordable units de- scribed in subsection 18.5.9.020.A.4 or 18.5.9.020.A.5, above, shall be determined by rounding down fractional answers to the nearest whole unit. 7. A deed restriction, or similar legal instru- ment, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years for units qualified as affordable rental hous- ing, or 30 years for units qualified as affordable for-purchase housing. Subsections 18.5.9.020.A.4 and 18.5.9.020.A.5 do not apply to Council-initi- ated actions. 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, revi- sion, or large-scale implementation of public pol- icy requiring City Council approval and enactment of an ordinance; this includes adoption of regula- tions, zone changes for large areas, zone changes requiring comprehensive plan amendment, com- prehensive plan map or text amendment, annex- ations (see chapter 18.5.8 for annexation information), and urban growth boundary amend- ments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zon- ing Map or other official maps, except where mi- nor amendments or corrections may be processed through the Type II procedure pursuant to subsec- tion 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. (Ord. 3195 § 5, amended, 12/01/2020) Chapter 18.5.10 BALLOT MEASURE 49 CLAIMS Sections: Purpose and Scope. Measure 49: Delegation of Authority to City Manager. Measure 49: Claim for Compensation. City Manager Review and Decision. City Council Consideration and Decision. Burden of Proof and Record. Effect of Waiver. Procedural Error. Recording. Reconsideration of Waiver. Appeals. Purpose and Scope A. ORS 197.352(5) authorizes local govern- ment to establish procedures governing new claims under Section 12 to 14 of Ballot Measure 49 (2007). These provisions are in addition to and not in lieu of the requirements of Ballot Measure 49. B. As it relates to City claims, Ballot Measure 49 permits compensation claims only when a non- exempt City land development regulation, enacted after January 1, 2007, restricts the residential use of private real property zoned for primarily single family residential use and it can be demonstrated in a qualified appraisal that the restriction reduces fair market value. Measure 49: Delegation of Authority to City Manager A. The City Manager is delegated authority to determine the validity of, and grant non-monetary compensation for, claims filed under section 12 to 14 of Measure 49 after June 28, 2007. The City Manager may not authorize monetary payment for any claim, nor may the City Manager award trans- ferable development credits. B. The City Manager may forward any claim to the City Council for resolution if the City Manager determines it would be in the public interest to do so. The City Manager shall forward a claim to the Council for a decision if the City Manager con- ASHLAND LAND USE ORDINANCE 18.5.10.020 18.5-53 18.5.10.030 cludes that payment of monetary compensation or an award of transferable development credits is an appropriate remedy. (Ord. 3192 § 120, amended, 11/17/2020) Measure 49: Claim for Compensation A. Filing. All claims shall be filed with the City Manager in person or by U.S. mail. The filing date is the date the claim is received by the City. B. Submittal Requirements: 1. Claimant shall file a fully executed and completed Measure 49 claim form provided by the Community Development Department including. a. The name and address of each owner and the date (supported by evidence) when the property was acquired. b. The address, if any, tax lot number, township, range and section of the property that is the subject of the claim. c. A specific statement of the person’s de- sired use of the property for residential use. d. A specific reference (or citation) to each land use regulation enacted after January 1, 2007 that is alleged to restrict the person’s desired use of the property and when the land use regulations were enacted (the reference must be specific enough to permit the City to identify the precise regulation). e. The amount of reduction in fair market value (supported by evidence) alleged for each regulation at issue plus interest. f. Whether a previous permit was issued for development of the property including a de- scription of the use and case file number. g. Whether a claim was filed for the sub- ject property with the state or any other govern- ment. h. Any other information reasonably re- lated to the review and processing of the claim as required by the Community Development Director or as provided on the Measure 49 claim form. 2. Claimant shall also provide all of the fol- lowing information. a. Evidence of the acquisition date of the claimant, including the instrument conveying the property to the claimant and a report from a title company identifying the person in which title is vested and the claimant’s acquisition date and de- scribed exceptions and encumbrances to title that are of record. b. The written consent of all of the owners if there is more than one owner. c. A qualifying appraisal (consistent with section 12 (2) of the Measure) showing the fair market value of the property one year before the enactment of each land use regulation and the fair market value of the property one year after the en- actment. The actual and reasonable cost of prepar- ing the claim, evidenced by receipts, including the cost of the appraisal, not to exceed $5,000, may be added to the calculation of the reduction in fair market value under this subsection. The appraisal must: (1) be prepared by a person certified un- der ORS chapter 674 or a person registered under ORS chapter 308; (2) comply with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and (3) expressly determine the highest and best use of the property at the time the land use regulation was en- acted. d. A claim review fee to cover the actual and reasonable cost of reviewing the claim, of $750 or such other claim(s) review fee as set by Resolution of the City Council. 3. Only one claim for each property may be filed for each land use regulation. C. Claim Review Process. The City shall: 1. Deny a claim if: a. It is not filed within five years from the date the land use regulation was enacted; b. An application for a comprehensive plan or zoning amendment is approved for the sub- ject property; c. An application to include the property within the UGB is approved; or d. A petition to annex the property is ap- proved by the City. 2. Determine whether a claim is complete within 60 days after receiving the claim; 3. Notify the claimant of any missing infor- mation within 60 days after receiving the claim; 4. After providing notice of missing informa- tion, deem the application complete if: a. The claimant provides the missing in- formation and the required fee; or 18.5.10.030 BALLOT MEASURE 49 CLAIMS 18.5-54 18.5.10.040 b. The claimant provides written state- ment that some or all of the missing information will not be provided and the required fee. 5. Deem the application complete if the City fails to notify the claimant of missing information within 60 days after receiving the claim; 6. Deem the application withdrawn if the claimant fails to provide the missing information, fee or a written statement that some or all of the information will not be provided within the time specified in the notice of missing information; and 7. Issue a final determination on a claim within 180 days from the date the claim is deemed complete. (Ord. 3192 § 120, amended, 11/17/2020) City Manager Review and Decision A. Claims Review Process. Upon receipt of a filing, the City Manager shall follow the claims re- view process under section 18.5.10.030. B. Review Criteria. The City Manager shall determine whether to approve or deny the claim based upon the criteria and standards in Ballot Measure 49 and based upon a demonstration by the owner that all of the following requirements are met. 1. A City land use regulation enacted after January 1, 2007 and after the property was ac- quired by the owner(s) restricts the owner’s de- sired residential use of the property. 2. The City land use regulation has the effect of reducing the fair market value of the property. 3. The highest and best use of the property at the time the property was acquired is the owner’s desired use of the property. 4. The land use regulation is not an exempt land use regulation under the terms of Ballot Mea- sure 49. 5. The time limitations for filing a claim, as specified in Ballot Measure 49, have not been ex- ceeded. 6. All other requirements of law, including Measure 49 requirements not specifically stated herein, have been met. C. Acquisition Date. The date the property was acquired is: 1. The date the claimant became the owner of the property as shown in the deed records of Jackson County; 2. If there is more than claimant for the same property under the same claim and the claimants have different acquisition dated, the acquisition date is the earliest of those dated; 3. If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the claimant’s acquisition date is the date the claimant was married to the deceased spouse or the date the spouse acquired the property, whichever is later. A claimant or a surviving spouse may dis- claim relief by using the procedure provided in ORS 105.623 to 105.649; and 4. If a claimant conveyed the property to an- other person and reacquired the property, whether by foreclosure or otherwise, the claimant’s acqui- sition date is the date the claimant reacquired own- ership of the property. D. A default judgment entered after December 2, 2004, does not alter a claimant s acquisition date unless the claimant’s acquisition date is after De- cember 2, 2004. E. Notice of Opportunity to Comment of Staff Report. If a claim is deemed complete and is not rejected, the City Manager shall draft a staff report. No less than 30 days notice of an opportu- nity to submit written comments on the staff report shall be sent to the following. 1. The claimant or representative and all owners of the subject property known to the City. 2. All property owners of record within 100 feet of the subject property. 3. Any formally recognized City neighbor- hood association in which the subject property is located. 4. The Oregon Department of Land Conser- vation and Development. 5. Any special district or school district in which the property is located or which has re- quested notice. 6. Jackson County. F. The notice shall contain all of the following information. 1. The address, if any, tax lot number, town- ship range and section of the property that is the subject of the claim and the date when the property was acquired. 2. A statement of the claim, including the owner’s desired use of the property for residential use. ASHLAND LAND USE ORDINANCE 18.5.10.040 18.5-55 18.5.10.050 3. A summary of the staff report including the number of dwellings, lots or parcels as well as the specific regulations alleged to restrict the use of the property. 4. A statement that the claim, staff report and any information submitted is available at the Com- munity Development Department, 51 Winburn Way, Ashland, Oregon 97520, for inspection or copying at cost and the phone number of a City staff contact. 5. A statement that all persons may submit written comments, evidence and arguments within the comment period which shall end on a date cer- tain as specified in the notice (not less than 30 days from the date the notice is mailed). 6. A statement that judicial review of the fi- nal determination on the claim is limited to the written evidence and arguments submitted to the City while the record is open. 7. A statement that prior to the end of the comment period the claimant may request an addi- tional seven days to respond to new evidence or to submit final arguments. 8. A statement that judicial review is avail- able only for issues that are raised with sufficient specificity to afford the public entity an opportu- nity to respond. 9. Any other information as deemed neces- sary by the City Manager. G. The City Manager shall consider comments actually received by the conclusion of the com- ment period and such other information as the City Manager deems relevant and material. Any request by claimant to respond to new evidence or to sub- mit final arguments must be submitted before the close of the written comment period as provided in the notice. The claimant shall receive seven days to submit such evidence or argument. H. Final Waiver or Rejection of Claim. A de- cision to issue a waiver or reject a claim shall be reduced in writing and signed by the City Man- ager. The City Manager may waive some regula- tions identified in the claim and deny waiver of others. The City Manager may not waive regula- tions that are not specified in the claim. The City Manager may impose reasonable conditions on the waiver to protect the public interest. I. Notice of Final Waiver or Rejection of a Claim. The City Manager shall send notice and a copy of the decision to the claimant. Notice of the final decision shall also be sent to anyone who submitted any written evidence or arguments prior to the close of the comment period and to all per- sons entitled to notice of the comment period. The notice shall contain a brief description of the waiver, if any, including a listing of all regulations that the City Manager has decided to not apply and the specific number of dwellings, lots or parcels authorized by the waiver. The notice also shall state that a claim has been, or may need to be, filed with the State, or other entity, if the City Manager thinks that a state or other governmental regulation is implicated. J. The City Manager may forward a claim to the City Council for a public hearing and decision in accordance with section 18.5.10.050 and this section. The City Manager shall consider such fac- tors as: the amount of compensation at issue; the nature of the proposed use or development, if any; and the impact of the proposed use or develop- ment. The decision of the City Manager to forward the claim to the Council is final and not subject to appeal. The Council, however, may summarily and without notice or hearing elect to return the claim to the City Manager for a decision. (Ord. 3192 § 120, amended, 11/17/2020) City Council Consideration and Decision A. Claim Processing. All claims transferred by the City Manager to the City Council shall be processed by the City Manager consistent with the claims review process provided under this chapter. The Council shall issue a final decision after pro- viding notice and a hearing within 180 days from the date the claim in deemed complete. B. Notice and Hearing. The decision of the City Council shall be made after a public hearing conducted in accordance with such procedures as the Council may adopt. At least 30 days written notice shall be provided of the public hearing and include such information as is set forth in section 18.5.10.040, providing all required notices above are modified to include reference to the public hearing date rather than the comment period. A staff report will be available at least 14 calendar days prior to the hearing addressing: 1. Whether the claim filed is complete; and 18.5.10.050 BALLOT MEASURE 49 CLAIMS 18.5-56 18.5.10.060 18.5.10.070 18.5.10.080 18.5.10.090 18.5.10.100 18.5.10.110 2. A recommendation as to whether and how much to pay in compensation, or, in lieu thereof, a recommendation on an award of transferable de- velopment credits, or a recommendation regarding the number of dwellings and lots that may be ap- proved and the land regulation(s) that should be waived. C. Final Decision. The City Council may re- ject the claim, pay compensation, award transfer- able development credits, issue a waiver, or approve any combination of such remedies. The decision shall otherwise be decided based on the same review criteria applicable to a decision is- sued by the City Manager under section 18.5.10.040. The Council may waive some regu- lations specified in the claim and deny waiver of others. The Council is not limited to those regula- tions listed in the claim and may impose any con- ditions of approval that it deems reasonable and appropriate to protect the public interest. Notice of the Council’s final decision shall be mailed to any person entitled to notice of the hearing or that ap- peared orally or in writing at the public hearing. (Ord. 3192 § 120, amended, 11/17/2020) Burden of Proof and Record The claimant shall have the burden of proof on all matters under this chapter. The claimant bears sole responsibility for ensuring that the record be- fore the City contains all information and evidence necessary to support the claim. The claimant shall be precluded from submitting information or rais- ing new issues in any subsequent proceeding. Effect of Waiver A. A decision to waive a land use regulation shall in no way impact any obligation to demon- strate compliance with any regulations not ex- pressly provided for in the decision or to obtain any required approvals or permits. B. A use authorized by a waiver has the legal status of a lawful nonconforming use in the same manner as provided under ORS 215.130. The claimant may carry out a use authorized by a pub- lic entity under this section except that a public en- tity may waive only land use regulations that were enacted by the public entity. When a use autho- rized by this section is lawfully established, the use may be continued lawfully in the same manner as provided by ORS 215.130. Procedural Error No procedural defect in processing a claim shall invalidate any proceeding or decision unless the party alleging the error demonstrates prejudice to a substantial right. Inadvertent failure to provide no- tice or complete notice shall not be grounds for in- validating a decision. Recording The City shall record a memorandum of the fi- nal waiver in the deed records for Jackson County, Oregon. Reconsideration of Waiver The City Council or City Manager may, at its sole discretion, reconsider a decision on a claim if it appears that the decision is inconsistent with a subsequent court ruling; administrative rule or other change in the law relative to Measure 49. The decision to reconsider may be made without notice or hearing; but, the decision on reconsider- ation shall be made only after notice and opportu- nity to be heard consistent with the requirements for claim review provided under this chapter for City Manager and Council review whichever is applicable. At the conclusion of the process, the Council or City Manager may affirm, modify, or revoke the earlier decision. If the Council modifies or revokes a decision that resulted in payment of compensation, the Council shall specify the amount due from the claimant and the City may in- stitute an action for recovery. If the Council or City Manager modifies or revokes a decision to mod- ify, remove, or not apply a land use regulation, it shall issue an order setting forth such remedy as it deems appropriate to protect the public interest. (Ord. 3192 § 120, amended, 11/17/2020) Appeals A. A person that is adversely affected by a final determination of under this chapter may obtain judicial review of that determination under ORS 34.010 to 34.100. A person is adversely affected if the person is: 1. An owner of the property that is the sub- ject of the final determination or; 2. A person who timely submitted written evidence, arguments or comments. B. Judicial review of a decision under this chapter is: ASHLAND LAND USE ORDINANCE 18.5.10.110 18.5-57 1. Limited to evidence in the record at the time of the final determination; and 2. Available only for issues raised with suf- ficient specificity to afford an opportunity to re- spond. 18.5.10.110 BALLOT MEASURE 49 CLAIMS 18.5-58 18.6.1 PART 18.6 – Definitions Chapters: Definitions 18.6-1 18.6.1.010 18.6.1.020 18.6.1.030 18.6.1.010 18.6.1.020 18.6.1.030 Chapter 18.6.1 DEFINITIONS Sections: Purpose. Applicability. Definitions. Purpose The purpose of chapter 18.6.1 is to define terms that are used in the Land Use Ordinance (“this or- dinance”) and other terms that may arise in inter- preting this ordinance, particularly those that may be uncommon or have more than one meaning. Applicability A. Applicability. The definitions in chapter 18.6.1 apply to actions and interpretations under the Land Use Ordinance (AMC Title 18). The meanings of some terms in this chapter may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control. B. General Provisions. Terms not defined herein shall have their ordinary accepted meanings within the context in which they are used. Web- ster’s Third New International Dictionary of the English Language, Unabridged, shall be consid- ered a standard reference. Where the singular vari- ation of a term is used it also includes the plural. C. Conflicting Definitions. Where a term listed in chapter 18.6.1 is defined by another sec- tion of this ordinance or by another code or statute referenced by this ordinance, the term is not re- defined herein for purposes of that other code or statute. Definitions The following definitions are organized alpha- betically. A. Access Easement. An easement conveyed for the purpose of providing vehicle, bicycle, and/or pedestrian access from a public street to a lot or parcel across intervening property under separate ownership. Cross Access Easement is an easement providing vehicular access between two or more separate sites, so that the driver need not enter the public street system between sites. Access Management. The systematic control of the location, spacing, design, and operation of driveways, median openings, interchanges, and street connections to a roadway to minimize con- flicts between turning and through vehicles, bi- cyclists, and pedestrians. The purpose of access management is to provide access to land develop- ment in a manner that preserves the safety and effi- ciency of the transportation system. Public facility measures to support access management include roadway design applications, such as minimum spacing of driveways, median treatments, and the appropriate spacing of traffic signals. Access Point. A connection providing for the movement of vehicles to or from a lot or parcel to a public roadway. Accessible. Two meanings are possible de- pending on the specific code provision: In general, accessible means approachable by pedestrians, bi- cyclists, vehicles, or other transportation modes, as applicable. Accessible may also mean approach- able and useable by people with disabilities, in conformance with the Federal Americans with Disabilities Act. Either or both definitions may ap- ply in a particular situation. Accessory Building or Structure. A build- ing or structure of secondary importance or func- tion on a site, and which is located on the same lot with the primary use. Examples of accessory struc- tures include but are not limited to: buildings not attached to the main building (e.g., garages, car- ports, guest houses, workshops, and sheds), arbors, gazebos, and mechanical equipment. See also, de- finition of Dwelling – Accessory Residential Unit. Accessory Equipment. For the purposes of implementing chapter 18.4.10 Wireless Commu- nication Facilities, all appurtenances defined in wireless communication facilities, with the excep- tion of the support structure and antennas. Accessory Travelers’ 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 sin- gle reservation to overnight guests on one or more ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-3 occasions for a period of less than 30 consecutive days. Accessory Use. A use or activity that is sub- ordinate to a primary use and that is clearly in- cidental to the primary use on a site. See also, definition of Primary Use. Addition. Construction that increases the size of the original structure by building outside exist- ing walls and/or roof. Agricultural Structures. Structures in- tended primarily or exclusively for support of an agricultural function, and exemplified by, but not restricted to barns, silos, water towers, windmills, greenhouses. Agriculture or Agricultural Use. The use of the land for crops and tree farming; the tilling of the soil, and the raising of field and tree crops. Aircraft Hangar (including Conventional, Executive and T-Hangar). A building structure designed to hold aircraft and associated equipment and materials in protective storage, generally built of metal, but other materials such as wood and concrete are also used. Airspace Obstruction. Any structure, tree, land mass, or use of land which penetrates a transi- tional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Title and/or regulations of the Federal Avia- tion Administration. Alcove. Any small recessed or niched space. Alter or Alteration. For the purposes of im- plementing chapter 18.3.11 Water Resource Pro- tection Zones Overlay, any human-induced physical change to the existing condition of land or improvements thereon including but not limited to clearing, grubbing, draining, removal of vegeta- tion (chemical or otherwise), excavation, grading, placement of fill material, placement of structures or impervious surfaces, or other construction. Per- mit to be Altered means allowing or failing to pre- vent the alteration. See also, definitions related to Signs, below. Annexed Area. A property or group of ad- jacent properties, including public right-of-way, to be annexed. Antenna. The device used to capture an in- coming or to transmit an outgoing radio-frequency signal from wireless communication systems. An- tennas include the following types. 1. Omni-Direction (whip) Antenna - receives and transmits signals in a 360 degree pattern. 2. Directional or Parabolic (panel or disk) Antenna - receives and transmits signals in a di- rectional pattern. They are typically rectangular in shape. 3. Microwave Antennas - receives and trans- mits to link two telecommunication facilities to- gether by line of sight. They are typically circular or parabolic in shape and can be a grid or solid ma- terial. Apiary. The assembly of one or more colonies of bees at a single location. Applicant. A person who applies for a permit or approval under this ordinance. An applicant can be the owner of the property, a contract purchaser, or someone who is legally authorized to represent the owner, such as a planner, builder, or developer. Approval Authority. The Staff Advisor, Planning Commission or its Hearings Board, Hearings Officer, or City Council as determined by the applicable procedural requirements. Arborist. A person licensed by the State of Oregon Landscape Contractors Board or Con- struction Contractors Board who is certified as an arborist from the International Society of Arbori- culture or American Society of Consulting Ar- borists. Arcade. A covered passageway with a series of open archways on one or both sides. Architect. An architect licensed by the State of Oregon. Architectural Projection. Eaves, decorative extensions, bay windows having no floor space, or other portions of a building having no living space or key structural value. Ashland Municipal Code (AMC). The com- plete codification of the general ordinance of the City of Ashland. Automobile Service Station. A business that dispenses or sells fuel and services and performs light repair to automobiles and light trucks includ- ing tune-ups and transmission or drive train re- pairs, but does not include the outside storage of automobiles or materials such as tires, auto parts, etc. Automotive and Truck Repair Service. Es- tablishments primarily engaged in providing auto- mobile and truck repair. 18.6.1.030 DEFINITIONS 18.6-4 Average Slope. For the purposes of deter- mining the area to remain in a natural state in Hill- side Lands, average slope for a parcel of land or for an entire project is calculated before grading using the following formula: S = .00229(I)(L) A where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the contour interval in feet; "L" is the sum- mation of length of the contour lines in scale feet; and "A" is the area of the parcel or project in acres. Awning. A lightweight, exterior roof-like shade that projects over a window or door. B. Balcony. A railed or balustrade platform that project from a wall. Ballot Measure 49 – Definitions Related to Chapter 18.5.10 Ballot Measure 49 Claims. -Ballot Measure 49. The measure en- acted by the voters at the November, 2007 General Election, which amended ORS chapter 197. Ballot Measure 49 Claim means a written demand for compensation filed under section 12 to 14 of Mea- sure 49 and ORS 197.25, as in effect on and after the effective date of Measure 49. Claimant in this context means the person who has filed a claim. The claimant must be a current owner of the prop- erty that is the subject of the claim. -Fair Market Value. The amount of money, in cash, that the property would bring if the property were offered for sale by a person who de- sires to sell the property but is not obligated to sell the property, and if the property were bought by a person who was willing to buy the property but not obligated to buy the property. The fair market value is the actual value of property, with all of the property’s adaptations to general and special pur- poses. The fair market value of property does not include any prospective value, speculative value, or possible value based upon future expenditures and improvements. -Interest. The average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period be- tween the date the land use regulation was enacted and the date the claim was filed, compounded an- nually on January 1 of each year of the period. -Land Use Regulation. A provision of a city comprehensive plan, zoning ordinance, or land division ordinance that restricts the residen- tial use of private real property zoned for residen- tial use. -Property. The private real property de- scribed in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in an- other claim, and that is not property owned by the federal government, an Indian tribe, or a public body, as defined in ORS 192.410. -Reduction in Fair Market Value. The difference, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after the enactment, plus interest. -Waive or Waiver. An action or decision authorizing the claimant to use the property with- out application of the land use regulation(s) to the extent necessary to offset the reduction in fair mar- ket value of the property. Bank Full Stage. The two-year recurrence interval flood elevation. Bar. Premises used primarily for the sale or dispensing of liquor by the drink for on-site con- sumption and where food may be available for consumption on premises as accessory to the pri- mary use. Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE). The water sur- face elevation during the base flood in relation to a specific datum. The base flood elevation (BFE) is depicted on the Flood Insurance Rate Map (FIRM) to the nearest foot and in the Flood Insurance Study (FIS) to the nearest 0.1 foot. See also, defin- itions of Flood Insurance Rate Map and Flood In- surance Study. Basement. That portion of a building with a floor-to-ceiling height of not less than six and one-half feet, where the perimeter walls do not ex- ceed 12 feet above finished grade at any point, and where 50 percent or more of its perimeter walls are less than six feet above natural grade. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-5 Bay. 1. A repetitive vertical subdivision of an exterior façade; may be defined by various means, including pilasters a wall openings. 2. A door or window opening in a façade, especially when defined by repetitive columns or arches. Beekeeper. A person who owns or has charge of one or more colonies of bees. Block. The land surrounded by streets and other right-of-way other than an alley or land that is designated as a block on any recorded subdivi- sion map. Block Length. The distance measured along a street between the centerlines of two intersecting through streets. Block Perimeter. The sum of the block lengths of all sides of a block. Buildable Area. That portion of an existing or proposed lot that can be built upon. Building Code. The combined specialty codes as defined in AMC 15.04 and approved by the State of Oregon. Building Envelope. An area, within the property boundaries of a lot, parcel, or space within which a permitted building can be placed. C. Caliper Inch. A manner of expressing the di- ameter inches of a tree as calculated by measuring the tree's circumference and dividing by Pi (ap- proximately 3.14159). Specially calibrated diame- ter tapes or calipers are used to determine caliper inches. Cast Stone. A mixture of stone chips or frag- ments usually embedded in a matrix of mortar, cement, or plaster; the surface may be ground, polished, molded, or otherwise treated to simulate stone. Centerline of Stream. An imaginary line that is in the midpoint of the stream channel. In cases where a stream has multiple or braided chan- nels, the centerline of stream is the midpoint be- tween the outermost or upland sides of the stream channels. See Figure below. Figure 1. Centerline of Stream Change of Use. Change in the primary type of use on a site. Child Care Facility. An establishment pro- viding care and supervision of children for periods of less than 24 hours that do not otherwise meet the definition of family child care home. -Family Child Care Home. Care for not more than 16 children in a single-family dwelling. See ORS 329A.440 for applicable requirements. City. The City of Ashland, Oregon. City Engineer. The City Engineer of the City or the City Engineer's designee. City Facility. A public service or facility pro- vided, owned, and controlled by the City. City Manager. The City Manager of the City or the City Manager's designee. Clearing. Removal, redistribution, or distur- bance of vegetation, soil, or substrate that may in- clude trees, brush, grass, ground cover, or other vegetative matter from a site. Club. Any organization, group, or associa- tion supported by the members thereof, the pur- pose of which is to render a service customarily rendered for members and their guests but does not include a commercial use. Cohesive Soils. Residual or transported soils, usually originating from parent rock that contains significant quantities of minerals which weather to clay. Cohesive soils have a Plasticity Index of ten or more, based on laboratory testing according to AASHTO methods or a site-specific scientific analysis of a particular soil material. Collocation. The use of a single wireless communication facility by more than one wireless communications provider. 18.6.1.030 DEFINITIONS 18.6-6 Colony. An aggregate of bees consisting principally of workers, but having, when perfect, one queen at times drones, brood, combs, and honey. Column. A slender, vertical element that sup- ports part of a building or structure. Commercial. Land use involving the sale of goods or services for a profit. See also, definition of Retail Sales and Services. Commission. The Planning Commission of the City. Common Area. Land jointly owned by an association of owners or permanently designated for the use of all residents of a development that includes shared site facilities and amenities such as open space, landscaping, streets, driveways, park- ing, loading areas, recycling and refuse disposal areas, and storage structures. Comprehensive Plan. The current adopted Comprehensive Plan of the City. Condominium. A development providing for individual ownership of units or airspace in a multi-unit structure or structures, in which the un- derlying land and/or structures are held under joint dominion. See ORS 100 for applicable require- ments. Contiguous. That a lot, parcel, site, or an- nexed area has a common boundary, including a boundary that only touches a common point. For purposes of annexation, “contiguous” also means a property or group of adjacent properties, includ- ing public right-of-way to be annexed, that touch the City limits at any point along any exterior boundary of the territory to be annexed or that is separated from the City limits only by a public right-of-way or a stream, bay, lake or other body of water. Corbel. 1. A horizontal masonry band with contin- uous or intermittent corbels. 2. A stepped portion of a masonry wall; the steps may be on top or on the bottom. Cornice. The projecting moldings forming the top band of a wall or other element. Council. The City Council of the City. County. Unless otherwise specified, Jackson County, Oregon. Courtyard. An exterior space surrounded on three or four sides by building and/or walls. Coverage, Lot or Site. The total area of a lot covered by buildings, parking areas, driveways, and other solid surfaces that will not allow natural water infiltration to the soil. Landscaping, includ- ing living plants, vegetative ground cover, and mulch, which allows natural soil characteristics and water infiltration and retention is not consid- ered lot or site coverage. See also, lot coverage exemption in Table 18.2.5.030.A – Standards for Urban Residential Zones. D. Days. Calendar days, unless specifically states as working days. Working days included Monday through Friday, excluding Federal holi- days. See also, section 18.5.1.090.C Time Periods. Dead Tree. A tree that is lifeless. Such ev- idence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Decorative. Treatment applied to the surface of a building or structure to enhance its beauty. Deer Fence. An open fence used to prevent entry by deer or other wildlife for the purpose of protecting gardens, vegetation, and yards. Density(ies). A measurement of the number of dwelling units in relationship to a specified amount of land. A common standard is dwelling units per acre. Designer. A person not registered as an ar- chitect or engineer, approved to plan and design single family homes and other buildings that area defined as exempt by the building code. Develop. To construct or alter a structure or to make a physical change to the land including excavation, clearing, dredging, fill, or paving. Development. All improvements on a site, including alterations to land and new or remodeled structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to ex- terior display, storage, or activities. Diameter at Breast Height (DBH). The di- ameter of the trunk at its maximum cross section, measured 54 inches (4 ½ feet) above ground level at the base of the trunk. On sloped lands, the mea- surement is taken on the uphill side of tree. Disc Antenna. A device incorporating a re- flective surface that is solid, open mesh, or bar ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-7 configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit and/or receive radio or electro- magnetic waves between terrestrially and/or or- bitally based uses. This definition is meant to include, but is not limited to, what are commonly referred as satellite earth stations, TVROS, and microwave antennas. Discontinued Use. A use that physically left the land it was on, a permitted use that ceased, or a use terminated at the end of a lease or contract. See also, chapter 18.1.4 Nonconforming Situations. District. A part, zone, or geographic area in the City within which certain zoning or develop- ment regulations apply. See also, chapter 18.2.1 Zoning Regulations and General Provisions. Drainage Ditch or Channel. Roadside ditches that carry only storm water runoff from the adjacent road and the immediate surrounding area. (Drainage ditches do not include historically altered streams or channels that convey surface water flows. These features are still classified as streams for the purpose of this ordinance.); or a constructed channel designed as part of the storm water infrastructure that drain directly from storm water facilities or storm pipe systems. Dripline. An imaginary vertical line extend- ing downward from the outermost tips of a tree's branches to the ground. Drive-Up Uses. Drive-up uses are defined as any establishment which by design, physical fa- cilities, service, or by packaging procedures en- courages or permits customers to receive services, obtain goods other than automobile fuel, or be en- tertained while remaining in their motor vehicles. The components of a drive-up use are regulated as part of such facility and include kiosks, canopies, or other structures; windows; stalls; and queuing lanes and associated driveways. Driveway. The area that provides vehicular access to a site from a street or the area that pro- vides vehicular circulation on a site. -Drive, Flag. A driveway that serves a single lot or parcel and is greater than 50 feet in length, or provides vehicular access to a flag lot(s). See also, section 18.5.3.060 Additional Prelimi- nary Flag Lot Partition Plat Criteria. -Driveway, Shared. A driveway used to access two or more lots or parcels. Driveway Apron. The edge of a driveway where it meets a public right-of-way. Driveway Approach. A driveway connec- tion to a public street or highway where it meets a public right-of-way. Driving Surface. A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Dwelling. A structure conforming to the de- finition of a dwelling under applicable building codes and providing complete, independent living facilities for one family, including permanent pro- visions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one set of cooking facilities are considered to contain mul- tiple dwelling units unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar. For the pur- poses of this title, the following types of dwelling units are defined as follows: -Accessory Residential Unit. A sec- ondary dwelling on a lot where the primary struc- ture is a single-family dwelling and the secondary dwelling meets the size requirements and stan- dards in section 18.2.4.040. The accessory res- idential unit can be 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 located in a detached building located on the same lot, and having an independent means of access (i.e., door). -Duplex. Two dwellings on one lot in any configuration including either in attached or de- tached structures. Two attached dwellings in a stand-alone structure that is included in a multi- family development of three or more units shall be considered multifamily dwellings and shall not be considered a duplex. -Clustered Residential Units (Normal Neighborhood District). Multiple dwellings grouped around common open space that promote a scale and character compatible with single-fam- ily dwellings. Units are typically arranged around a central common green under communal owner- ship. Automobile parking is generally grouped in a shared area or areas. -Cottage. A single-family dwelling up to 1,000 square feet in size, located in a cottage hous- ing development, and developed in accordance with section 18.2.3.090. 18.6.1.030 DEFINITIONS 18.6-8 -Manufactured Home. A structure con- structed 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 con- structed in accordance with federal manufactured housing construction and safety standards and reg- ulations 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 mo- bile home law in effect at the time of construction. -Multifamily Dwelling. Three or more dwellings on one lot in any configuration includ- ing either in attached or detached structures. Two attached dwellings included in a mutltifamily de- velopment of three or more units shall not be con- sidered a duplex. -Senior Housing. Housing designated and/or managed for persons over a specified age. Specific age restrictions vary, and uses may in- clude 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 lo- cated on one lot. E. Easement. A grant of the right to use land for a specific purposes, such as access or to locate util- ities. Elevation. A scaled drawing which illustrates the view of a side of a building. Engineer. A registered professional engineer licensed by the State of Oregon. Engineering Geologist. A registered profes- sional engineering geologist licensed by the State of Oregon. Enhancement. Actions performed to im- prove the condition or functions and values of a water resource and its associated protection zone. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally com- patible erosion controls, and removing invasive plant species. F. Facade. Any of the exterior faces of a build- ing. False Front. A building façade that extends above the roof or beyond the side walls in order to give the impression of a larger structure. Family. An individual or two or more per- sons related by blood, marriage, legal adoption, or guardianship; or not more than five persons who are not related by blood, marriage, legal adoption, or guardianship. Fill. A deposit of earth or other natural or manmade material placed by artificial means. Filling. The act of placing fill material in any amount, including the temporary stockpiling of fill material. Final Plat. The diagrams, drawings, and other writing containing all the descriptions, lo- cations, dedications, provisions, and information concerning a land division, pursuant with ORS 92 and chapter 18.5.3 of this ordinance. Fire- and Ignition-Resistant Materials. Materials or assemblies that will not ignite and burn when subjected to fire including but not lim- ited to masonry, concrete, stone, metal, and fire-re- tardant-treated wood identified for exterior use. Fire Code Official. The Fire Chief or other designated authority charged with the administra- tion and enforcement of the Fire Code, or a duly authorized representative. Fire-Resistant Exterior. Exterior building materials or assemblies that restrict or retard the spread of fire through the use of fire- and ignition- resistant materials. Fire-Resistant Plants. Plants that are not listed on the Prohibited Flammable Plant List. Fire-resistant plants do not readily ignite from a flame or other ignition source, and are maintained to be free of dead material. Fire-resistant plants have the ability to store water in leaves or stems, have low levels of volatile oils or resins, and con- tain high levels of salt or other nonresinous com- ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-9 pounds within the plant tissues that can contribute to fire resistance. Fire-Retardant-Treated Wood. Wood prod- ucts that, when impregnated with chemicals by a pressure process or other means during manufac- ture, exhibit reduced surface-burning characteris- tics and resist propagation of fire. Fire Work Area. An area capable of sup- porting up to 44,000 lbs. gross vehicle weight. Fish Bearing or Fish Habitat. Inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or en- dangered species under the state or federal endan- gered species acts. Fish use is determined from Oregon Department of Forestry Stream Classifi- cation, Oregon Department of Fish and Wildlife, and Oregon Department of State Lands maps for salmonid fish distribution. Flood or Flooding. A general and temporary condition of partial or complete inundation of nor- mally dry land areas from the overflow of inland or tidal waters; or the unusual and rapid accumula- tion or runoff of surface waters from any source. Flood Insurance Rate Map (FIRM). An of- ficial map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. Flood Insurance Study (FIS). The official report by the Federal Insurance Administration evaluating flood hazards and containing flood pro- files, floodway boundaries, and water surface ele- vations of the base flood. Floodway Channel. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor Area. The area of an enclosed floor measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. -. Gross Floor Area. The sum of the gross horizontal areas of all enclosed floors measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, but excluding basements, attic space providing structural headroom of less than six and one-half feet, and unenclosed steps, porches, terraces and balconies. Individual sections of the ordinance codified in this chapter may exempt additional spaces from gross floor area. -. Gross Habitable Floor Area. The sum of the gross horizontal areas of all enclosed floors with at least seven feet of headroom in a dwelling unit measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, excluding uninhabitable spaces ac- cessed solely by an exterior door. -. Maximum Permitted Floor Area (MPFA). The gross floor area of a dwelling, in- cluding but not limited to potential living spaces within the structure with at least seven feet of headroom and attached garages. See subsection 18.2.5.070.E for exceptions to MPFA. Floor-Area Ratio (FAR). The gross floor area of all buildings on a lot divided by the lot area. Food Cart. A push cart or mobile food unit which is designed to be readily movable, but is typically not self-propelled by motor or pedal power, and which is temporarily located on a prop- erty to sell food and beverages to the general pub- lic. The maximum size for a food cart is four feet wide, nine feet long, and four feet high. Food carts must be self-contained and designed to be movable by one person. Food Truck. A wheeled, motorized vehicle or trailer temporarily located on a property to sell food and beverages to the general public. A food truck typically contains cooking facilities where the food is also prepared. The exterior length and width of a food truck, when multiplied, shall be no more than 170 square feet, excluding the trailer tongue and bumper. Up to an additional 170 square feet is allowed for outdoor equipment. Food Truck Court or Food Truck Pod. Four or more food trucks or food carts operating on the same property. Food Truck Vendor. The operator who sells, cooks and serves food or beverages from a food truck or food cart. G. Garage. A covered permanent structure de- signed to provide shelter for vehicles, and which 18.6.1.030 DEFINITIONS 18.6-10 is accessory to a dwelling. Carports are considered garages. Garage sale. A temporary activity conducted on the premises of a private residence for the pur- pose of disposal of goods or belongings of the res- idents of the dwelling. Geotechnical Expert. An engineering geolo- gist or an engineer with demonstrable expertise in geologic hazards evaluation and geotechnical en- gineering. Grade or Ground Level. The average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level must be measured at the sidewalk. Grading. All cuts, fills, embankments, stock- pile areas, and equipment maneuvering areas asso- ciated with development. Greenhouse. A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enjoyment or for subsequent sale. Ground Floor. The first floor of a building other than a cellar or basement. Ground-Floor Dwelling Unit. A residential unit with the entrance, front or rear, that is within five feet of the finished grade. The distance to fin- ished grade is measured vertically at a right angle from the doorsill to the finished grade. Group Living. Group living is characterized by the long-term residential occupancy of a struc- ture by a group of people. The size of the group typically is larger than the average size of a house- hold. Group Living structures do not include self- contained units but rather have common facilities for residents including those for dining, social and recreational, and laundry. Residential Care Homes, Residential Care Facilities, and Room and Board Facilities are types of Group Living. -Residential Care Home. A residential treatment or training or adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 that pro- vides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. (See also, ORS 197.660). -Residential Facility. Residential facili- ties provide housing and care for 6 to 15 indi- viduals who need not be related as defined under ORS 430.010 (for alcohol and drug abuse pro- grams); ORS 443.400 (for persons with disabili- ties); and ORS 443.880. Staff persons required to meet State-licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. -Room and Board Facility. Group living establishment located in a dwelling or part thereof, other than a travelers’ accommodation or hotel, where lodging, with or without meals, is provided for compensation for a minimum period of 30 days. Personal care, training, and/or treatment is not provided at a room and board facilities. Ex- amples include dormitories, fraternities, sororities, and boarding houses. Guest House. A house or quarters without kitchen cooking facilities to provide shelter for guests, and which is accessory to a single-family dwelling. A guest house is and remains dependent upon the main building for kitchen facilities, and can be a detached building located on the same lot or attached to a single-family dwelling. See also, section 18.2.5.040 Accessory Buildings and Struc- tures. Gully. A drainage incision, commonly caused by erosion, which does not experience reg- ular or seasonal stream flow, but does act as a channel for runoff during periods of high rainfall. H. Hand-Held Equipment or Machinery. Equipment or machinery held in and operated by hand, such as manual tools, weed eaters, chain- saws, and equipment or machinery with wheels and a weight of 100 pounds or less (e.g., push lawn mower, brush mowers). See also, definition of Power-Assisted Equipment or Machinery. Hazard Tree. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or prop- erty. A hazard tree may also include a tree that is located within a public right of way and is caus- ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-11 ing damage to existing public or private facilities or services and such facilities or services cannot be relocated. Height of Building or Structure. The ver- tical distance from grade or ground level to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. See Figure below. See also, definition of Grade or Ground Level. Figure 2. Height of Building or Structure Heritage Tree. Any tree listed on the official City of Ashland Heritage Tree List adopted by the City Council. Highly Flammable Plants. A plant species that has characteristics which make it more volatile by encouraging easy ignition and the spread of fire through its foliage due to low mois- ture content, dense dry leaves, needles, grass-like leaves, or volatile resins and oils. Highly flamma- ble plants are specifically those species listed on the adopted Prohibited Flammable Plant List. Historic. A structure or site, usually over fifty years old, which possess the historical or ar- chitectural significant according to the Cultural Resources Inventory (1988-1989) of the City of Ashland and/or based on the criteria for listing in the National Register of Historic Places. Historic District. A district identified as his- torically significant under the Comprehensive Plan and its implementing regulations (e.g., overlay zones). Hive. The receptacle inhabited by a colony that is manufactured for that purpose. Home Occupation. A business activity that is carried out in conjunction with a dwelling unit, and which is accessory to the residential use, sub- ject to the special use provisions of section 18.2.3.150. Homegrown Marijuana. Marijuana plants planted, cultivated, grown, and harvested by a per- son 21 years of age or older for personal con- sumption, whether for medical or non-medical purposes, or for a medical marijuana card holder. Medical marijuana grow sites located in residen- tial zones shall be considered homegrown mari- juana for the purpose of this ordinance. Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing, keeping, or storage of homegrown marijuana. -Cultivation Area. The area within which marijuana plants are grown on a lot. The cultivation area is the total of the individual areas of the marijuana plants at maturity. The individual area of a marijuana plant is calculated based on an imaginary vertical line extending downward from the outermost tips of the marijuana plants branches to the ground. -Resident Grower. An individual en- gaged in the cultivation of homegrown marijuana for personal consumption, whether for medical or non-medical purposes, or for a medical marijuana card holder. 18.6.1.030 DEFINITIONS 18.6-12 Homeowners Association. A homeowners association is an organization formed for the main- tenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds must be an assessment levied against each dwelling unit or other property, which assessment must be enforce- able as a lien against the property. Home-Oriented Commercial Activities. The operation of small local-convenience busi- nesses within the Railroad Historic District. Such businesses may include grocery stores, barber and beauty shops, and similar uses. Hospital. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis. Hostel. Any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and which are operated, man- aged, or maintained under the sponsorship of a non-profit organization which holds a valid ex- emption from federal income taxes under the In- ternal Revenue Code of 1954, as amended. Hotel/Motel. A building or portion thereof designed and used for transient lodging in a non- residential zone for a period of less than 30 days, lodged with or without meals and which may in- clude additional facilities and services, such as restaurants, meeting rooms, entertainment, per- sonal services, and recreational facilities. I. Immediate Danger of Collapse, Tree. A tree that may already be leaning, with the sur- rounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process. Immediate danger of collapse does not in- clude hazardous conditions that can be alleviated by pruning or treatment. Impact Area. That area which is immedi- ately surrounding a conditional use, and which may be impacted by it, including all land that is within the applicable notice area for a use. In addi- tion, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area. Impervious Surface. Surface materials that prevent the normal infiltration of storm water into the ground. Industrial or Industrial Use. An activity re- lated to the manufacture, production, or storage of produce to be transported elsewhere for retail sale. Infill. The development of more intensive land uses upon vacant or under-utilized sites. J. Junk Yard. 1. Any property or establishment on which one or more persons are engaged in breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap or waste materials; or 2. Any establishment or place of business on which two or more inoperable motor vehicles or an equivalent volume of waste or refuse are maintained, stored, bought, or sold. Includes wrecking yards, automobile graveyards, garbage dumps, and scrap metal processing facilities. K. Kennel. Any lot or premises where four or more dogs or cats aged six months or older are boarded or bred for compensation. Establishments where animals are offered for sale as the primary use, such as pet stores, are not classified as ken- nels. L. Landscape Professional. For the purposes of implementing chapter 18.3.10 Physical and Envi- ronmental Constraints Overlay, an arborist certi- fied by the International Society of Arboriculture and licensed by the State of Oregon State Land- scape Contractors Board or Construction Contrac- tors Board or landscape architect licensed by the State of Oregon. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-13 Land Use Decision. A final decision or de- termination made by the City (or other agency with jurisdiction) that concerns the adoption, amendment, or application of the Comprehensive Plan or any provision of this ordinance where the decision requires the interpretation or exercise of policy or legal judgment. All decisions requiring quasi-judicial review by the City are Land Use De- cisions. Decisions subject to administrative review are considered limited land use decisions, pursuant with ORS 197.015. Land Use Ordinance. The current adopted Land Use Ordinance (AMC Title 18 Land Use) of the City. Also referred to as “this ordinance.” Lawn. Grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this ordinance, lawn is not con- sidered native vegetation regardless of the species used. LEED® Accredited Professional. A person who has earned a credential as a Leadership in Energy and Environmental Design (LEED®) Ac- credited Professional from the U.S. Green Build- ing Council, or Green Building Certification Institute, in accordance with their standards and requirements. LEED® Certification. A building registered with the U.S. Green Building Council which has satisfied all prerequisites and has earned a mini- mum number of points outlined in the Leadership in Energy and Environmental Design (LEED®) Rating System under which it is registered. Levels of certification include Certified, Silver, Gold, and Platinum. LEED® Green Building Rating System or LEED® Rating System. The most recently pub- lished version of the Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems by the U.S. Green Building Coun- cil or the version to be superseded for one year after the publication of a new applicable LEED® Rating System version. Loading Area. The area available for the ma- neuvering and standing of vehicles engaged in de- livering and loading goods, freight, or other articles. Local Native Plant Species. Those plant species appropriate to planting in or adjacent to a water resource that are native species indigenous to the Rogue River Basin. Local native plant species are adapted to the elevation, weather, soils, and hydrology of the area; will support the desired structure, functions, and values of the water re- source; and once established require significantly less maintenance than non-native species. Plants may be added to or removed from the Local Native Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticultur- ist, Tree Commission, other professional groups with demonstrable expertise, and local, state, and federal agencies. Lot. A legally created piece of land other than a tract that is the result of land division, or a unit or contiguous units of land under single own- ership, which complies with all applicable laws at the time such lots were created. The term “lot” is used in this title to apply to the state definition of both lot, the result of subdividing, and parcel, the result of partitioning, unless otherwise noted. -Corner Lot. A lot abutting the intersec- tion of two or more streets other than an alley. See Figure below. Figure 3. Corner Lots -Flag Lot. A lot with two distinct parts. See Figure below. 1The flag, which is the building site; and is located behind another lot. 2The pole, which connects the flag to the street; provides the only street frontage for the lot with less than 40 feet of frontage on a street; and unless an alley provides access, includes a dri- veway providing access. 18.6.1.030 DEFINITIONS 18.6-14 Figure 4. Flag Lot -Interior Lot. A lot other than a corner or flag lot. -Through Lot. An interior lot having frontage on two parallel or approximately parallel streets other than alleys. Such a lot has one front yard fronting on the primary public street. Lot Area. The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. Lot Line. The property line along the edge of a lot. -Front Lot Line. In the case of an interior lot, the lot line separating the lot from the street other than an alley. A corner lot has one street line considered the front lot line. The narrower street frontage must be the front lot line except when the Staff Advisor determines topographical or ac- cess problems make such a designation impracti- cal. See Figure below. -Rear Lot Line. A lot line which is oppo- site and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line -Side Lot Line. Any lot line that is not a front or rear lot line. See Figure below. Figure 5. Front and Side Lot Lines Lot Width. The average (mean) horizontal distance between the side lot lines, ordinarily mea- sured parallel to the front lot line. M. Manufactured Housing Development. A subdivision or park comprised of manufactured homes occupied for dwelling purposes, regardless of whether a charge is made for such accommoda- tion. Map. A diagram or drawing of a partition, subdivision, or any other land use or land develop- ment matter. Marijuana. The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It does not included industrial hemp. -Medical Marijuana. Marijuana used to mitigate the symptoms or effects of a medical con- dition and regulated by the Oregon Medical Mari- juana Act (ORS 475.300 – ORS 475.346). Grown and sold by registered persons and facilities with the Oregon Health Authority (OHA). -Recreational Marijuana. Marijuana used for personal consumption by a person 21 years of age or older. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-15 Marijuana Plant. Immature and mature plants of the plant Cannabis family Moracae. Marijuana-Related Businesses. Marijuana- related businesses licensed by the Oregon Liquor Control Commission (OLCC) or registered by the Oregon Health Authority (OHA). Marijuana-re- lated businesses are organized into the following categories. -Laboratory. A laboratory that tests mar- ijuana and marijuana items. -Processing. Processing, compounding, or conversion of marijuana into cannabinoid prod- ucts, concentrates, or extracts. -Production. Planting, cultivating, grow- ing, harvesting, or drying marijuana. Medical mar- ijuana grow sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance. -Retail. A business that sells marijuana and marijuana products to the consumer. -Wholesale. An operation that handles and distributes marijuana and marijuana products for the purpose of resale. Marquee. A permanent roof-like shelter over an entrance to a building; flat in shape. Mechanical Equipment. Equipment or de- vices installed for a use appurtenant to the primary use. Such equipment includes heating and air con- ditioning equipment, solar collectors, parabolic antennas, disc antenna, radio, TV receiving or transmitting antennas, and any power generating devices. Mezzanine. A partial intermediate floor be- tween two main levels, especially directly above the ground floor; often has a lower ceiling height that the other levels. Mezzanine Window. A window with a greater width than height, especially when used to provide light to an intermediate floor. Microcar. An automobile that is less than nine feet in length and typically is limited to two seats for passengers. Microcars can be parked in a head-in fashion in a parallel parking space so that one standard parallel parking space accommodates two microcars. Mitigation. For the purposes of implement- ing chapter 18.3.11 Water Resource Protection Zones Overlay, taking one or more of the follow- ing actions listed in order of priority. 1. Avoiding the impact altogether by not taking a certain development action or parts of that action. 2. Minimizing impacts by limiting the de- gree or magnitude of the development action and its implementation. 3. Rectifying the impact by repairing, re- habilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance opera- tions during the life of the development action by monitoring and taking appropriate corrective mea- sures. 5. Compensating for the impact by replac- ing or providing comparable substitute resources or environments. Mitigation Plan. A plan that outlines the ac- tivities that will be undertaken to alleviate project impacts to sensitive areas. Mixed-Use. The combination of residential uses with commercial (e.g., office, retail, or ser- vices), civic, or light industrial uses on a site. N. Natural Grade. The elevation of the ground level in its natural and original state, before man- made alterations such as grading, filling, excava- tion, and construction. See Figure below. 18.6.1.030 DEFINITIONS 18.6-16 Figure 6. Natural Grade Natural Resources Professional. For the purposes of implementing chapter 18.3.11 Water Resource Protection Zones Overlay, a natural re- sources professional includes individuals who have a Bachelors degree or the equivalent or greater, in the field of natural resources, biology, ecology, or related fields, and at least four years of relevant post-graduate experience. Natural State. All land and water that re- mains undeveloped and undisturbed. Natural state does not include grading, excavating, filling, and/or the construction of roadways, driveways, parking areas, and structures are prohibited. Nat- ural state includes the following activities. 1. Incidental minor grading for hiking trails, bicycle paths, picnic areas, and planting and landscaping which is in addition to and enhances the natural environment. 2. Incidental brush removal for lot mainte- nance and ecosystem health. 3. Vegetation removal for the purposes of wildfire control in conjunction with an approved fire prevention and control plan. Nightclub. An establishment dispensing liquor and meals and in which live music, dancing, or entertainment is conducted. Non-cohesive Soils. Residual or transported soils containing no or very little clay, usually from crystalline granitic parent rock. Non-cohesive soils have a Plasticity Index of less than ten, based on laboratory testing according to AASHTO methods or a published scientific analysis of a particular soil type. Nonconforming Development. An element of a development, such as lot area, setback, height, lot coverage, landscaping, sidewalk, or parking area, or lack thereof, that was created in confor- mance with development regulations but subse- quently, due to a change in the zone or applicable code standards, is no longer in conformance with the current applicable development regulations. See also, chapter 18.1.4 Nonconforming Situa- tions. Nonconforming Lot or Lot of Record. A legally created lot or parcel meeting applicable regulations in effect at the time of creation (e.g., area, setbacks, coverage, location), but that sub- sequently, due to a change in the zone or zoning regulations, no longer conforms with the current applicable regulations. See also, chapter 18.1.4 Nonconforming Situations. Nonconforming Structure. An existing structure that was created in conformance with the zoning regulations but that subsequently, due to a change in the zone or the zoning regulations, no longer conforms with the current applicable re- quirements of the zone in which it is located. See also, chapter 18.1.4 Nonconforming Situations. Nonconforming Use. A use that was allowed by right when established or that obtained a re- quired land use approval when established, but that subsequently due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See also, chapter 18.1.4 Nonconforming Situations. Non-Native Species. A plant species which is not indigenous to the local area. Noxious and Invasive Vegetation. Plant species which are recognized as having a signifi- cant potential to disrupt the functions and values ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-17 of local water resource ecosystems. Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise, and local, state and fed- eral agencies. Nucleus colony. A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose not including surplus honey, storage, or harvesting. O. Obstructed Street. A public street or a pri- vate drive serving greater than three units, or a dri- veway that has been obstructed by a gate or other barriers designed to restrict access. Office. Office uses are characterized by ac- tivities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services. Open Space. Land or water with its surface predominately open to the sky or predominantly undeveloped unless otherwise specified, that is designated or set aside to serve the purpose of providing park and recreation activities, conserv- ing natural resources, collecting and treating storm water, providing amenity space for private devel- opments, or creating a pattern of development. Open space does not include areas such as streets, driveways, parking, loading areas, recycling and refuse disposal areas, and storage structures. -Common Open Space. An area for the use or enjoyment of all residents of a development (e.g., multifamily dwelling units) or subdivision such as recreational areas or facilities, lawn and picnic areas, community gardens, and natural ar- eas with benches, seating areas, or walking paths. -Private Open Space. An area intended for private outdoor use by residents of an indi- vidual dwelling unit. Private open space includes decks, patios, porches, balconies, side and rear yards, and similar areas. -Public Open Space or Park. An area owned or managed by a public or private agency and maintained for the use and enjoyment of the general public. Examples of public open space in- clude public parks and recreation facilities, trail easements and systems, nature preserves, public plazas, and other public outdoor meeting areas. Orientation. To cause to face toward a par- ticular point of reference (e.g., “A building ori- ented to the street.”). -Building Orientation. The directional expression of the front façade of a building (i.e., facing the street, facing north, facing south). Owner. The owner of the title to real prop- erty or the contract purchaser of real property of record, as shown on the latest assessment records in the Office of the County Assessor. Owner also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the City a copy of a deed or contract of sale signed by the owner of record. P. Panel. A small plane surface surrounded by moldings or depressed below or raised above the adjacent surface; typically rectangular but may be any geometric shape; may be ornamented. Parapet. A low guarding wall that projects above the roof line. Parcel. A legally defined area of land created through a partition or otherwise lawfully created pursuant to state law. The term “parcel” is used in this title to apply to the state definition of both lot, the result of subdividing, and parcel, the result of partitioning, unless otherwise noted. Park. See definition of Public Open Space. Parking Area or Lot. Any area inside, un- der, or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, or structures. -Private Parking Area or Lot. A park- ing 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 pay- ment of a fee. Parking Space. A space designed and desig- nated to provide parking for a motor vehicle or bi- cycle in compliance with chapter 18.4.3 Parking, Access, and Circulation. 18.6.1.030 DEFINITIONS 18.6-18 Parkrow or Planter Strip. A landscape area for street trees and other plantings within the pub- lic right-of-way, usually in the form of a continu- ous planter area between the street and sidewalk. Partition. To divide an area or tract of land into not more than three parcels within 12 months. For the purpose of this definition, “parcel” means a legally defined area of land created through a partition. -Major Land Partition. A partition which necessitates the creation of a road or street. -Minor Land Partition. A partition that does not necessitate the creation of a road or street. Pedestrian Path. A graded cleared way, ad- jacent to the curb at curb level, for individuals who travel on foot. Pedestrian Way. A right-of-way or easement for pedestrian traffic. Person. Any natural person, their estate, or any legal entity; and including any of their desig- nated representatives. Pier. A member, usually in the form of a thickened section, which forms an integral part of a wall; usually placed at intervals along the wall to provide lateral support or to take concentrated ver- tical loads. Pilaster. An engaged pier or pillar, often with capital and base; may be constructed as a projec- tion of the wall itself. Planned Road or Street. A highway, road, street, or alley identified in an adopted corridor plan, comprehensive plan, or transportation sys- tem plan in accordance with administrative proce- dures of OAR 660-012 and ORS chapter 197 but has not been constructed. Planning Action or Planning Application. A planning action is an application filed pursuant to the requirements of this ordinance. A planning action is a proceeding pursuant to this ordinance in which the legal rights, duties, or privileges of specific parties are determined, and any appeal or review of such proceeding pursuant to the provi- sions of this ordinance. A planning action does not include a ministerial action or legislative amend- ment. -Type I Procedure (Administrative Decision With Notice). Type I decisions are made by the Staff Advisor with public notice and an op- portunity for appeal to the Planning Commission. See section 18.5.1.050 for the procedures for Type I actions. -Type II Procedure (Quasi-Judicial Review/Public Hearing Review). Type II deci- sions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. See section 18.5.1.060 for the procedures for Type II actions. Plat. A diagram, drawing, or replat contain- ing all the descriptions, locations, specifications, dedications, provisions, and information concern- ing a subdivision. Play Area. A piece of land specifically de- signed for and equipped to enable children to play outdoors. Plaza. An open public space. -Detail Site Review Plaza Space. An open area under private ownership intended to meet the requirements of large-scale project stan- dards within the Detail Site Review overlay. Porch. Covered porches, exterior balconies, or other similar areas attached to a building and having dimensions of not less than six feet in depth and eight feet in width. -Enclosed Porch. A porch that contains wall(s) that are more than 42 inches in height mea- sured from finished floor level for 50 percent or more of the porch perimeter. -Unenclosed Porch. All walls contained in an unenclosed porch are less than 42 inches in height, but an unenclosed porch may be covered. Porous Solid Surface. Porous solid surface is a permeable surface built with an underlying stone reservoir that temporarily stores surface runoff before it infiltrates into the subsoil. Porous solid surfaces include pervious asphalt, pervious concrete, grass or permeable pavers, or decks that allow runoff to infiltrate the subsoil beneath the deck. Power-assisted Equipment or Machinery. Equipment or machinery with wheels and a weight in excess of 100 pounds or that does not otherwise meet the definition of Hand-Held Equipment or Machinery. See also, definition of Hand-Held Equipment or Machinery. Pre-existing Structure. For the purposes of implementing chapter 18.4.10 Wireless Communi- cation Facilities, a structure in existence prior to an ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-19 application for a wireless communication facility installation. Primary Residence. The property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer’s principal residence. In addition to the taxpayer’s use of the property, relevant factors in determining a taxpayer’s principle residence may include, but are not limited to the following. 1. The taxpayer’s place of employment. 2. The principal place of abode of the tax- payer’s family members. 3. The address listed on the taxpayer’s federal and state tax returns, driver’s license, auto- mobile registration, and voter registration card. 4. The taxpayer’s mailing address for bills and correspondence. 5. The location of the taxpayer’s banks. 6. The location of religious organizations and recreational clubs with which the taxpayer is affiliated. Primary Building or Structure. A structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a primary structure. The difference between a primary and accessory struc- ture may be determined by comparing the size, placement, design, appearance, function, and the orientation of the structures on a site, among other relevant factors. Primary Orientation. Direction of the front of the building with the main entrance to the pub- lic. Primary Use. An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use. See also, de- finition of Accessory Use. Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves three or fewer dwelling units. Prohibited Flammable Plant List. A listing of specific highly flammable plants which are con- sidered nuisances per AMC 9.04 and are prohib- ited from being planted within a General Fuel Modification Area. Property Line Adjustment. The relocation of a single common property line between two abutting properties not resulting in an increase in the number of lots, pursuant with chapter 18.5.3 Land Divisions and Property Line Adjustments. See Figure below. 18.6.1.030 DEFINITIONS 18.6-20 Figure 7. Property Line Adjustment Q. Quarry Face. The split face of the incision where the disturbed surface meets the natural, undisturbed surface. Queuing Lane. Traffic lane requiring one of two opposing vehicles to yield by pulling into a vacant portion of the adjacent parking lane to al- low the other vehicle to pass. Queuing lanes are designed to reduce vehicle speeds and non-local traffic on neighborhood streets. R. Rain Barrel. A barrel used to collect and store rain water runoff from rooftops via rain gut- ters for non-potable uses. Reconstruct. To recreate or reassemble a structure or building with a new or replacement structure that recreates or reproduces its form, shape, and location as originally built. Recreational Vehicle or Travel Trailer. A self-propelled or towable mobile unit used for tem- porary dwelling purposes by travelers. Rehabilitation. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its histor- ical, cultural, or architectural values. Religious Institutions and Places of Worship. Uses primarily providing meeting areas for religious activities; may include schools and community services as accessory uses. 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 accom- modation for transient individuals. See also, def- initions of Accessory Travelers’ Accommodation, Hotel/Motel, and Travelers’ Accommodation. Restaurant. An establishment where food and drink are prepared, served, and consumed. Consumption may occur within the primary struc- ture or outside the confines of the building. Restoration. The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-21 limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code- required work to make properties functional is ap- propriate within a restoration project. Retail Sales and Services. Retail sales and service uses sell, lease, or rent new or used prod- ucts, goods, or services. They include services such as a beauty salon, barber, repair service, and similar uses. Restoration. For the purposes of implement- ing chapter 18.3.11 Water Resource Protection Zone Overlay, efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations such as filling, grading, or draining. Riparian Area. The area adjacent to a stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream. Riparian Buffer. An area located adjacent to the stream and including the riparian area that is preserved for the purpose of protecting the func- tions and values of the stream and the riparian area by serving to reduce the adverse effects of adjacent land uses. Riparian Corridor. Riparian Corridor is a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A riparian corri- dor is a type of stream bank protection zone. S. Schools. Public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level. Self-Service Storage. Mini-storage or other storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property. Setback. The minimum distance required be- tween a specified object, such as a building or structure, and another point. Typically, a setback refers to the minimum distance (yard dimension) from a building to a specified property line. A set- back is measured horizontally at right angles to the lot line, from the nearest point of the building or structure to the lot line. When multi-story set- backs are specified, the setback for a story above the ground floor is measured horizontally from the plane of the nearest wall of the upper story to the lot line. See also, section 18.2.4.050 Yard Require- ments and General Exceptions. Shadow Plan. A schematic or conceptual de- sign for future land development when a lot could be developed at a higher intensity. A shadow plan demonstrates that the proposed development will not impede the future use of the lot to be fully developed to the required building intensity stan- dards (i.e., Floor Area Ratio), and that the pro- posed development has been planned to prevent piecemeal and uncoordinated development. Shared Parking. Required parking facilities for two or more uses, structures, or lots that are satisfied jointly with the same facilities. See also, chapter 18.4.3 Parking, Access, and Circulation. Significant Tree. A conifer tree having a trunk 18 caliper inches or larger in diameter at breast height (DBH), or a deciduous tree having a trunk 12 caliper inches in diameter at breast height. Signs – Definitions Related to Chapter 18.4.7 Signs. -Alter or Alteration. Any change ex- cluding content, and including but not limited to the size, shape, method of illumination, position, location, materials, construction, or supporting structure of a sign. -Area. The entire area within circles, tri- angles, or rectangles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the dis- play used to differentiate the sign from the back- ground against which it is placed. In the case of a multi-faced sign, the area of each face must be included in determining sign area, excepting dou- ble-faced signs placed no more than 24 inches back-to-back. -Awning. A temporary or movable shel- ter supported entirely from the exterior wall of a building and composed of non-rigid materials ex- cept for the supporting framework. -Building Face of Wall. All window and wall area of a building in one plane or elevation. -Bulletin Board or Reader Board. A sign of a permanent nature, but which accommo- dates changeable copy. 18.6.1.030 DEFINITIONS 18.6-22 -Business. A commercial or industrial en- terprise. -Business Frontage. A lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having a pedestrian entrance/exit open to the general public during all business hours. -Business Premises. A parcel of property or that portion thereof occupied by one tenant. -Canopy. A non-movable roof-like struc- ture attached to a building. -Construction sign. A temporary sign erected on the premises where construction is tak- ing place during the period of construction. -Direct Illumination. A source of illumi- nation on the surface of a sign or from within a sign. -Election. The time designated by law for voter to cast ballots for candidates and measures. -Flashing Sign. A sign incorporating in- termittent electrical impulses to a source of illumi- nation or revolving or moving in a manner which creates the illusion of flashing, or which changes color or intensity of illumination. This definition is to include electronic time, date, and temperature signs. -Ground Sign. A sign erected on a free- standing frame, mast, or pole and not attached to any building. Also known as a free-standing sign. -Indirect Illumination. A source of illu- mination directed toward a sign so that the beam of light falls upon the exterior surface of the sign. -Illegal Sign. A sign that is erected in vi- olation of the chapter 18.4.7 Signs. -Marquee or Awning Sign. A sign that is painted on, attached to, or supported by a mar- quee, awning, or canopy. -Marquee. A non-movable roof-like structure that is self-draining. -Mural. A graphic design on a building representing a person, place, scene, or other artis- tic endeavor. This definition does not include ar- chitectural enhancement of a building facade. -Nonconforming Sign. An existing sign, lawful at the time of enactment of this ordinance, which does not conform to the requirements of this code. -Projecting Signs. Signs other than wall signs, which are attached to and project from a structure or building face, usually perpendicular to the building face. -Portable Sign. A permitted sign not per- manently attached to the ground or other perma- nent structure including sandwich boards, pedestal signs, ‘A’ Frame signs, flags, and wind signs (not including flags of national, state, or city govern- ments). -Public Art. Public art defined, approved, and installed in accordance with AMC 2.17, is not regulated as a sign per the provisions of chapter 18.4.7 Signs. -Real Estate Sign. A sign erected on the premises, where the property or a portion of the property, is actively listed for sale or lease during the period of sale or lease. -Replacement Sign. A change in the ma- terials of permitted sign in which the approved sign dimensions, supporting structure, and loca- tion remain unaltered. -Roof Sign. Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building. -Shopping Center or Business Complex. Any business or group of businesses which are in a building or group of buildings, on one or more lots which are contiguous or which are separated by a public right-of-way or a pri- vately owned flag drive used for access and not greater than 35 feet in width, which are con- structed and/or managed as a single entity, and share ownership and/or function. -Sign. Any identification, description, il- lustration, symbol, or device which is placed or affixed directly or indirectly upon a building, structure, or land. Interior illuminated panels, fas- cia strips, bands, columns, or other interior illu- minated decorative features located on or off a structure, visible from the public right-of-way, and with or without lettering or graphics must also be considered a sign and included in the overall sign area of the site. Public Art, as defined above, is not considered a sign. -Sign, Public. A sign erected by a public officer or employee in the performance of a public duty which includes, but is not limited to, motorist informational signs and warning lights. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-23 -Street Frontage. The lineal dimension in feet that the property upon which a structure is built abuts a public street or streets. -Temporary Sign. A sign that is not per- manently affixed. All devices such as banners, pennants, flags, (not including flags of national, state, or city governments), searchlights, curb signs, balloons, or other air or gas-filled balloons. -Three-Dimensional Sign. A sign which has a depth or relief on its surface greater than six inches exclusive of the supporting sign structure and not to include projecting wall signs. -Vehicle Sign. A sign mounted on a vehi- cle, bicycle, trailer, or boat, or fixed or attached to a device for the purpose of transporting from site- to-site. -Wall Graphics. Including but not lim- ited to any mosaic, mural, painting, graphic art technique, or combination or grouping of mosaics, murals, paintings, or graphic art techniques ap- plied, implanted, or placed directly onto a wall or fence. -Wall Sign. A sign attached to or erected against the wall or window of a building with the face in a parallel plane of the building wall. -Wind Sign or Device. Any sign or de- vice in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressures by wind or breeze. Slope. The deviation of a surface from the horizontal, usually expressed in percent. See Fig- ure below. See also, definition of Slope, Solar Set- back. Figure 8. Slope Solar Access and Setbacks – Definitions Related to Chapter 18.4.8 Solar Access. -Exempt Vegetation. All vegetation over 15 feet in height at the time a solar access permit is applied for. -Highest Shade Producing Point, Solar Access. The point of a structure that casts the longest shadow beyond the northern property boundary at noon on December 21st. -Northern Lot Line. Any lot line or lines less than 45 degrees southeast or southwest of a line drawn east-west and intersecting the north- ernmost point of the lot. If the northern lot line adjoins any unbuildable area (e.g., street, alley, public right-of-way, parking lot, or common area) other than a required yard area, the northern lot line is that portion of the northerly edge of the un- buildable area which is due north from the actual northern edge of the applicant's property. See Fig- ure below. 18.6.1.030 DEFINITIONS 18.6-24 Figure 9. Northern Lot Line -North-South Lot Dimension. The aver- age distance in feet between lines from the corners of the northern lot line south to a line drawn east- west and intersecting the southernmost point of the lot. See Figure below. Figure 10. North-South Lot Dimension -Slope, Solar Setback. A vertical change in elevation divided by the horizontal distance of the vertical change. Slope is measured along lines extending 150 feet north from the end points of a line drawn parallel to the northern lot line through the midpoint of the north-south lot dimension. North facing slopes will have negative (-) values and south facing slopes will have positive (+) val- ues. See Figure below. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-25 Figure 11. Measuring Slope for Solar Setback -Solar Energy System. Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addi- tion to the collection of solar energy. These uses include, but are not limited to, serving as a struc- tural member of part of the roof of a building or structure and serving as a window or wall. -Solar Envelope. A three dimensional surface which covers a lot and shows, at any point, the maximum height of a permitted structure which protects the solar access of the parcel(s) to the north. -Solar Heating Hours. The hours and dates during which solar access is protected by a solar access permit, not to exceed those hours and dates when the sun is lower than 24 degrees alti- tude and greater than 70 degrees east and west of true south. -Solar Access Permit Height Limitations. The height limitations on affected properties required by the provisions of a Solar Access Permit displayed as a series of five foot contour lines which begin at the bottom edge of the solar energy system protected by the permit, rise at an angle to the south not less than 24 de- grees from the horizon, and extend at an angle not greater than 70 degrees to the east and west of true south and run parallel to the solar energy system. -Solar Setback. The minimum distance that a structure, or any part thereof, can be located from a property boundary. -Sunchart, Solar Access. Photographs or drawings, taken in accordance with the guidelines of the Staff Advisor, which plot the position of the sun during solar heating hours. Southern Oregon University (SOU) Plan. The Campus Master Plan Update for Southern Oregon University dated April 12, 2010, with all conditions added by the Planning Commission and City Council as adopted and incorporated into the Comprehensive Plan by Ordinance No. 3014 on June 1, 2010. Spandrels. An area, roughly triangular in shape, included between the extradoses of two ad- joining arches and a line approximately connect- ing their crowns. Staff Advisor. The Community Develop- ment Director of the City or the Community De- velopment Director’s authorized representative. Story. That portion of a building included be- tween the upper surface of one floor and the sur- face of the next floor next above, or if there is no floor above, the finished ceiling directly above. A basement is not considered a story. Unenclosed decks, porches, balconies, and similar features are not considered stories. Story, Half. A half story is a space under a sloping roof that has the line of intersection of the roof and exterior wall face not more than three feet above the floor level below and in which space the floor area with head room of five feet or more oc- cupies no more than 50 percent of the total floor area of the story directly beneath. If the wall face is more than three feet above the floor level below at the rear or side yard setback line, then it must be considered a full story for purposes of setback measurements. See Figure below. 18.6.1.030 DEFINITIONS 18.6-26 Figure 12. Half Story Stream. A stream means a channel such as a creek that carries flowing surface water, includ- ing perennial, intermittent, and ephemeral streams with defined channels, and excluding man-made irrigation and drainage channels. Drainage chan- nels do not include historically altered streams or channels that convey surface water flows. A stream is a type of water resource. -Stream, Ephemeral. An ephemeral stream generally flows only during and following a rain event. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Intermittent and ephemeral streams is a type of stream bank protec- tion zone. -Stream, Intermittent. An intermittent stream generally flows only during part of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent and ephemeral streams is a type of stream bank protection zone. -Stream, Perennial. A perennial stream has flowing water year-round during a typical year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemen- tal source of water for stream flow. -Stream, Local. A type of stream bank protection zone. Stream Bank Protection Zone. An area sub- ject to the provisions of chapter 18.3.11 Water Re- source Protection Zones that includes a stream and an associated riparian buffer of varying width, as established herein, located adjacent to the stream, and in which certain human activities are regulated in order to protect the structure and functions of the stream. A stream bank protection zone is a type of water resource protection zone. There are three types of stream bank protection zones defined, es- tablished and protected in this ordinance – ripar- ian corridor, local streams, and intermittent and ephemeral streams. Stream Bank Protection Zone Boundary. An imaginary line that is measured horizontally at a standard distance upland from the top of bank or the center line of the stream as required in section 18.3.11.040 Establishment of Water Resource Pro- tection Zones. Stream Corridor Functions. Includes pro- viding shade for the stream, stream bank, and channel stability, woody debris for the stream, sed- iment retention, litter for aquatic organisms in the stream, water filtration, aquatic and riparian fish, and wildlife habitat. Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms road, highway, land, place, avenue, alley, or other similar designations. The entire width be- tween the right-of-way lines of every way that pro- vides for public use for the purpose of vehicular and pedestrian traffic. See also, street design stan- dards in section 18.4.6.040. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-27 -Street, Alley. A narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting an- other street. -Street, Arterial. A street used primarily for through traffic, also referred to as a Boulevard. -Street, Collector. A street used to some extent for through traffic and to some extent for access to abutting properties. Types of collector streets are Avenues and Neighborhood Collectors. -Street, Cul-de-sac. A short dead-end street terminated by a vehicle turnaround. -Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision. -Street, Minor. A street intended primar- ily for access to abutting properties, also referred to as Neighborhood Street. Street Connectivity. Expressed as the num- ber of street and/or access way connections within a specific geographic area. Higher levels of con- nectivity provide for more direct transportation routes and better dispersion of traffic, resulting in less traffic on individual streets and potentially slower speeds through neighborhoods. Street Stub. A temporary street ending where the street will be extended through adjacent property in the future, as those properties develop. Not a permanent street-end or dead-end street. Stripping. Any activity that significantly dis- turbs vegetated or otherwise stabilized soil sur- face, including clearing and grubbing operations. Structure. That which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Structural Alteration. A change to the sup- porting members of a structure including founda- tions, bearing walls or partitions, columns, beams or girders, or the roof. See also, definition of Al- teration. Subdivision or Subdivide Land. Division of land creating four or more lots within 12 months, except the Performance Standards Option under chapter 18.3.9 includes the division of land creat- ing three lots. See also, chapter 18.5.3, Land Divi- sions and ORS 92.010. T. Temporary Use. A short-term, seasonal, re- occurring, or intermittent use. Such use must be approved by Conditional Use Permit only, except as exempted in the temporary use section 18.2.2.030.H. Top of Bank. The elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. Physical characteristics that indicate the el- evation include a clear, natural line impressed on the shore, a change from bare soil to upland vege- tation (e.g., oak, fir, pine), a change in vegetation from riparian vegetation (e.g., willows, big leaf maple, alders) to upland vegetation (e.g., oak, fir, pine), a textural change of depositional sediment or changes in the character of the soil (e.g., from sand, sand and cobble, cobble and gravel to upland soils), absence of fine debris (e.g., needles, leaves, cones and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks. In the absence of physical evidence or where the top of each bank is not clearly de- fined, the two year recurrence interval flood eleva- tion may be used to approximate the top of bank. See Figure below. 18.6.1.030 DEFINITIONS 18.6-28 Figure 13. Top of Bank Topping. The severe cutting back of a tree's limbs to stubs three inches or larger in diameter within the tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. Topping does not include the practice of pollarding when conducted in accordance with the standards established by the International Society of Arbori- culture. Tract. A piece of land within a platted sub- division reserved for open space, utility corridor, recreation facilities, sensitive lands, or other pur- pose; may be dedicated to an owner’s association or other entity for maintenance. Tract or Area of Land. A unit or contiguous units of land under single ownership. Transom Window. A glazed or clear open- ing above the door or window. Transparency. A clear opening or window; clear enough to see through. Travelers’ Accommodations. Transient lodging in a residential zone having a room, rooms, or dwellings rented or kept for rent to trav- elers or transients for a charge or fee paid or to be paid for rental or use of such facilities on one or more occasions for a period of less than 30 consec- utive days. See also, definition of Accessory Trav- elers’ Accommodation. Tree. Any woody plant having a trunk six caliper inches or larger in diameter at breast height (DBH). If a tree splits into multiple trunks above ground, but below 4 ½ feet, the trunk is measured at its most narrow point beneath the split, and is considered one tree if greater than six inches DBH. Plants commonly planted as shrubs, includ- ing but not limited to English laurel, Leyland cy- press, Photinia, Arborvitae, poison oak, English holly, and English ivy are not considered a tree. Trees specifically planted and maintained as a hedge are also not be considered a tree. Tree Account. An account established by resolution of the City Council for the receipt of funds to be utilized for future tree purposes, as out- lined in the resolution. Tree Protection Zone. The area reserved around a tree or group of trees in which no grad- ing, access, stockpiling, or other construction ac- tivity can occur as determined by the Staff Advisor based on review of the tree and site conditions. Tree Removal. To cut down a tree, remove 50 percent or more of the crown, trunk, or root sys- tem of a tree, or to damage a tree so as to cause the tree to decline and/or die. Tree removal includes topping. Tree removal includes but is not limited to damage inflicted upon a root system by appli- cation of toxic substances, operation of equipment and vehicles, storage of materials, change of nat- ural grade due to unapproved excavation or filling, or unapproved alteration of natural physical condi- tions. Tree removal does not include normal trim- ming or pruning of trees. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-29 Tree Removal Permit. Written authorization from the City for a tree removal to proceed as de- scribed in an application, such authorization hav- ing been given in accordance with chapter 18.4.5 Tree Preservation and Protection. Turnaround. A vehicle maneuvering area at the end of a dead-end street or driveway (e.g., hammerhead, cul-de-sac, or other configuration) that allows for vehicles to turn around. U. Unbuildable Area. That portion of an ex- isting or proposed lot that building upon is re- stricted by regulations. Unbuildable area includes but is not limited to required yards, easements, and flood plain corridor, hillside, and severe con- straints lands as classified in section 18.3.10.060. For the purposes of implementing chapter 18.4.8, Solar Access, unbuildable area does not include a required solar setback area. Upland. Land not characterized by the pres- ence of riparian area, water bodies, or wetlands. Upper-Floor Dwelling Unit. A residential unit with the entrance, front or rear, that is more than five feet above the finished grade. The dis- tance from finished grade is measured vertically at a right angle from finished grade to the doorsill. Urban Growth Boundary (UGB). The City incorporates by reference the definition given the term in ORS 195.060, as amended. Use. The purpose for which land or a struc- ture is designed, arranged, intended, occupied, or maintained. V. Verand. An open-sided, raised sitting area with thin columns that support its roof; typically extends along the entire wall or warps around a corner. Vision Clearance Area. Areas near intersec- tions of roadways and motor vehicle access points where a clear field of vision is required for traffic safety and to maintain adequate sight distance. See also, section 18.2.4.040 Vision Clearance Area. W. Walkway. A sidewalk or path improved to City standards or to other roadway authority stan- dards, as applicable. Water Budget. The amount of water a land- scape needs taking into account the inputs and out- puts of water to and from the root zone. Inputs, such as precipitation, are subtracted from outputs, such as evapotranspiration, to calculate the water needs of the landscape. Water Conserving Landscaping – Definitions Related to Section 18.4.4.030.I. -Automatic Sprinkler Controller. Sprinkler controllers/timers determine watering start and stop times. -Baseline. The amount of water required by the site during the peak watering month if wa- tered at 100 percent of Reference Evapotranspira- tion (ETo). -Berm. Any area where the soil is raised 30 percent or more on its sides and has no retain- ing wall included. -Check Valves. A check valve a device that prevents the water that remains in the sprin- kler piping from draining out of the sprinklers after the valve has shut off. -Control Valves. These are the valves that sprinklers on and off; they also may be used for drip irrigation systems. Other names sometime used for them are irrigation valve or sprinkler valve. -Drip Irrigation. Devices that apply wa- ter at or below the soil surface. Spray or misting emitters are not drip irrigation devices. -Emitters. Drip distribution device that dispenses water to the ground at a predictable rate. -Head to Head Coverage. The area wa- tered by each sprinkler overlaps the area watered by the adjacent sprinkler; providing uniform water coverage. -Irrigation Zone. The portion of an ir- rigation system served by a single control valve, typically operated by a unique station on the irri- gation controller. -Mature Compost. A stable organic amendment product characterized by raw materi- als (yard trimmings, vegetative, food waste, feed- stock manures, etc.) that has been sufficiently 18.6.1.030 DEFINITIONS 18.6-30 decomposed under controlled moisture and aera- tion conditions. Mature compost is a well-cured product in which viable seed and pathogens are eliminated through the application of high tem- peratures. Mature compost is characterized by low amounts of carbon dioxide, a low ratio of ammo- nia to nitrate, low total ammonia content, and little to no odor. -Mulch. A permeable protective covering of organic material such as bark, pine needles, or compost spread over soil and around plants to re- duce evaporation, maintain even soil temperature, prevent soil erosion, and prevent leaks. -Precipitation Rates (PR). The rate that sprinkler heads apply water to the soil or turf. -Pressure Reduction Valve (PRV). A valve that automatically reduces the water pres- sure from the water supply main to a lower, more appropriate pressure. Pressure regulating sprin- klers are not considered a pressure reduction valve. -Raised Beds. Areas of soil with retain- ing walls one foot or greater in height. -Terrace. Creation of horizontal areas on sloped land through a series of steps, retained on the downhill side. Water Resource. A riparian, local, intermit- tent or ephemeral stream corridor, or a wetland Water Resources Map. The adopted City map which identifies the approximate locations of water resources in Ashland including officially recognized streams and wetlands identified on the City’s Local Wetland Inventory. Water Resource Protection Zone. An area subject to the provisions of chapter 18.3.11 Water Resource Protection Zones which includes a water resource and an associated buffer of varying width, located adjacent to the water resource and in which certain human activities are regulated in order to protect the structure, functions, and values of the resource. Water resource protection zone is a category including stream bank protection zones and wetland protection zones. Wetlands. Those areas that are inundated or saturated by surface or ground water at a fre- quency or duration sufficient to support, and that under normal circumstances do support, a preva- lence of vegetation typically adapted for life in sat- urated soil conditions. Wetlands are a type of water resource. -Wetlands, Locally Significant. Those wetlands identified on the Water Resources Map and determined significant wetlands using the cri- teria adopted the Oregon Department of State Lands (DSL). Locally significant wetlands is a type of wetland protection zone. -Wetlands, Possible. An area that appears to meet wetland criteria but is too small (less than a half acre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in the possible wetland designation. However, there may be additional ex- isting areas that meet the DSL wetland criteria, but are not included on the Water Resources Map. Pos- sible wetlands is a type of wetland protection zone. Wetland Boundary. A line marked on a map or flagged in the field that identifies the approxi- mate wetland/non-wetland boundary. Wetland Buffer. An area extending away from the outer delineated wetland boundary or up- land edge that is preserved for the purpose of pro- tecting the functions and values of the wetland by serving to reduce the adverse effects of adjacent land uses. Wetland Delineation. A determination of wetland presence that includes marking the wet- land boundaries on the ground and/or on a detailed map prepared by professional land survey or simi- lar accurate methods. Wetland Functions. Include wildlife habitat, fish habitat, water quality, and hydrological con- trol. Wetland Protection Zone. An area subject to the provisions of chapter 18.3.11 Water Re- source Protection Zones that includes all wetlands determined to be locally significant and possible wetlands with confirmed jurisdictional wetland presence, and an associated buffer area of varying width, as established herein, located adjacent to the wetland, and in which certain human activities are regulated in order to protect the structure and functions of the wetland. A wetland protection zone is a type of water resource protection zone. There are two types of wetland protection zones defined, established and protected in this chapter – locally significant wetlands and possible wetlands. ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-31 Wetland Protection Zone Boundary. An imaginary line that is measured horizontally at a standard distance upland from the upland from the delineated wetland boundary as required in section 18.3.11.040 Establishment of Water Resource Pro- tection Zones. Wetland Specialist. An individual who has the appropriate credentials verifying proven exper- tise and vocational experience conducting wetland delineations. Wildfire. Fire caused by combustion of na- tive vegetation, commonly referred to as forest fire or brush fire, and not a prescribed burn. Wireless Communication Facilities. The site, structures, equipment, and appurtenances used to transmit, receive, distribute, provide, or offer wireless telecommunications services. This includes, but is not limited to antennas, poles, tow- ers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics, and switching equip- ment. Wireless Communications Systems. The sending and receiving of radio frequency transmis- sions and the connection or relaying of these sig- nals to land lines and other sending and receiving stations, and including, but not limited to cellu- lar radiotelephone, personal communications ser- vices (PCS), enhanced/specialized mobile radio, and commercial paging services, and any other technology which provides similar services. Wireless Communications Support Structure. A structure used to support wireless communications antennas and connecting appur- tenances. The purpose of such structures is to el- evate an antenna above the surrounding terrain or structures and may be attached to an existing building or other permanent structures or as a free- standing structure which may include, but are not limited to monopole support structures and lattice support structures, and may have supporting guyed wires and ground anchors. -Monopole. A support structure which con- sists of a single pole sunk into the ground or at- tached to a foundation. -Lattice Tower. A support structure which consists of a network of cross braces that forms a tower. These types of structures are primarily used for taller towers and require a larger base than that of a monopole. -Alternative Structure. Man-made struc- tures that, by design, camouflage or conceal the presence of wireless communication facilities, such as clock towers, bell towers, church steeples, water towers, light poles, and similar alternative- design mounting structures. X. [reserved] Y. Yard. An outdoor area of a lot which is un- obstructed by a structure, except as allowed in sec- tion 18.2.4.050, Yard Requirements and General Exceptions, and measured from a lot line to the nearest point of a building. May also be an area de- fined by required setbacks (e.g., between a build- ing or structure and nearest property line). -Yard, Front. A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building. -Yard, Side. A yard between the front and rear yards measured horizontally and at right an- gles from the side lot line to the nearest point of the building. -Yard, Rear. A yard between side lot lines and measured horizontally at right angles to the rear yard line from the rear yard line to the nearest point of the building. Z. Zone. A specifically delineated area within which certain land use regulations and develop- ment standards apply. Zoning Permit. An acknowledgement made to the Building Official by the Staff Advisor that the application for a building permit meets the re- quirements of the Land Use Ordinance. Where ap- plicable, a zoning permit may also set forth any special conditions to be met by the applicant prior to issuance of a certificate of occupancy or any other planning and zoning related conditions to be enforced by the Building Official. (Ord. 3216 § 9, 18.6.1.030 DEFINITIONS 18.6-32 amended, 03/15/2023; Ord. 3204 § 4, amended, 12/21/2021; Ord. 3199 § 27, amended, 06/15/2021; Ord. 3192 § 120, amended, 11/17/2020; Ord. 3190 § 9, amended, 11/17/2020; Ord. 3184 § 3, amended, 06/02/2020; Ord. 3167 § 14, amended, 12/18/2018; Ord. 3158 § 12, amended, 09/18/2018; Ord. 3155 § 16, amended, 07/17/2018) ASHLAND LAND USE ORDINANCE 18.6.1.030 18.6-33 Page A-1 Tables State Code Citation Table ASHLAND LAND USE ORDINANCE 18.6.1.030 Tables-1 State Code Citation Table This table lists Oregon Revised Statutes and Oregon Administrative Rules sections that are cited in the Ashland Land Use Ordinance. Thus, ORS 92.010 is cited in section 18.1.3.020. State Citation Ordinance Section ORS 18.271 18.5.3.110 ORS 34.010 – 34.100 18.5.10.110 ORS 36.705(1)(a) – 36.705(d) 18.5.1.075 ORS 36.710 18.5.1.075 ORS Chapter 92 18.5.3.090 18.5.3.100 18.5.3.120 18.5.3.140 18.6.1.030 ORS 92.010 18.6.1.030 ORS 92.010 – 92.190 18.1.3.020 ORS Chapter 100 18.6.1.030 ORS 105.623 – 105.649 18.5.10.040 ORS 167.310 18.2.3.160 ORS 192.410 18.6.1.030 ORS 195.060 18.6.1.030 ORS Chapter 197 18.6.1.030 ORS 197.015 18.5.3.140 18.6.1.030 ORS 197.352(5) 18.5.10.010 ORS 197.360 18.5.1.075 ORS 197.360 – 197.380 18.5.1.075 ORS 197.365 18.5.1.075 ORS 197.375 18.5.1.075 ORS 197.660 18.6.1.030 ORS 197.758(3) 18.5.3.140 ORS 197.805 – 197.860 18.5.1.050 18.5.1.060 ORS 197.850 18.5.1.075 ORS 197.850(9) 18.5.1.075 State Citation Ordinance Section ORS 197.855 18.5.1.075 ORS 215.130 18.5.10.070 ORS Chapter 222 18.5.1.010 18.5.8.010 18.5.8.040 18.5.8.050 18.5.8.070 ORS 222.510 18.5.8.020 ORS 227.035 18.5.1.060 ORS 227.165 18.5.1.060 ORS 227.175 18.5.1.070 ORS 227.178 18.5.1.030 18.5.1.050 18.5.1.060 18.5.1.070 18.5.1.090 ORS 227.186 18.5.1.070 ORS Chapter 308 18.5.10.030 ORS 308.225 18.5.8.020 ORS 329A.440 18.2.2.030 18.6.1.030 ORS 430.010 18.6.1.030 ORS 443.400 18.6.1.030 ORS 443.400 – 443.825 18.6.1.030 ORS 443.480 – 443.500 18.6.1.030 ORS 443.705 – 443.825 18.6.1.030 ORS 443.880 18.6.1.030 ORS Chapter 446 18.2.3.180 ORS Chapter 447 18.4.3.050 ORS 456.055 – 456.235 18.5.8.050 ASHLAND LAND USE ORDINANCE State Code Citation Table A-1 State Citation Ordinance Section ORS 475.300 18.6.1.030 ORS 475.320(2)(B)(d) 18.2.3.190 ORS 475.346 18.6.1.030 ORS Chapter 674 18.5.10.030 OAR 330-135-0010 18.4.3.080 OAR Chapter 660, Division 12 18.6.1.030 OAR Chapter 918 18.2.3.170 State Code Citation Table A-2