HomeMy WebLinkAbout3268 Amending AMC to be consistent with SOU 2025 Facilities Master Plan Amendment ORDINANCE NO. 3268
AN ORDINANCE AMENDING AMC 15.04.210-.216, AMC 18.3.6. AMC
18.4.79 AMC 18.5.2.020, AMC 18.5.2.030 & AMC 18.5.7.020 TO BE
CONSISTENT WITH THE SOUTHERN OREGON UNIVERSITY 2025
FACILITIES MASTER PLAN AMENDMENT.
(SOU 2025 Facilities Master Plan Amendment: Planning Action #PA-L-2025-00016)
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold and additions are bold underlined.
WHEREAS, Oregon's Statewide Planning Goal 2 "Land Use Planning", Chapter 197 of the
Oregon Revised Statutes and Chapter 660,Division 30 of the Oregon Administrative Rules require
that the planning activities of universities, as state agencies, be coordinated with local
Comprehensive Plans and Land Use Ordinances; and
WHEREAS,the City of Ashland and Southern Oregon University recognize that coordinated
master planning is mutually beneficial; and
WHEREAS, Southern Oregon University has prepared master plans for adoption by the City of
Ashland since 1990 to guide the strategic development of the university within the broader
context of the city and ensure that the University's land use actions are consistent with local
regulations and statewide land use planning goals; and
WHEREAS,Ashland Municipal Code (AMC) 18.5.9.020.13 permits legislative amendments to
meet changes in circumstances and conditions;the City Council finds it is necessary to adopt the
Southern Oregon University 2025 Facilities Master Plan Amendment as a roadmap to guide the
strategic development of the public university's facilities and land use over the next decade, and
to adopt new Zoning and Comprehensive Plan Maps and associated land use regulations to align
with the Southern Oregon University 2025 Facilities Master Plan Amendment.
WHEREAS,Article 2. Section 1 of the Ashland City Charter provides:Powers of the City. The
City shall have all powers which the constitutions, statutes, and common law of the United States
and of this State expressly or impliedly grant or allow municipalities; as fully as though this
Charter specifically enumerated each of those powers, as well as all powers not inconsistent with
the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted.
All the authority thereof shall have perpetual succession.
WHEREAS,the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Cily of
Beaverton v. International Ass'n of Firefighters,Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d no, 734 (1975); and
WHEREAS,the City of Ashland Planning Commission considered the amendment of the City
of Ashland's Zoning Map and Comprehensive Plan Map to align with the Southern Oregon
ORDINANCE NO. 3268 Page 1 of 11
University 2025 Facilities Master Plan Amendment as a supporting document to the
Comprehensive Plan; and to amend the Ashland Municipal Code Section AMC 15.04.210-.216
and the Land Use Ordinances AMC 18.3.6,AMC 18.4.7, AMC 18.5.2.030 &AMC 18.5.7.020 to
align with the Southern Oregon University 2025 Facilities Master Plan Amendment at a duly
advertised public hearing on June 24, 2025, following deliberations,recommended approval of
the amendments; and
WHEREAS,the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on July 15, 2025; and
WHEREAS,the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of this
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS,the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed,that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan,that the proposed zoning map and land use code amendments are consistent
with City of Ashland approval criteria for land use ordinance and zoning map amendments as set
forth in AMC 18.5.9.020.B and are consistent with the City of Ashland Comprehensive Plan,
with other City policies, and with the Oregon Statewide Planning Goals and OAR 660-030-0070,
and that such amendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 15.04.210 [Demolition or Relocation of Structures] of the Ashland Land
Use Ordinance is hereby amended as follows:
AMC 15.04.210
C. No demolition or relocation permit is required:
1. For structures of less than 500 square feet in size.
2. For relocation of a structure upon the same lot.
3. To demolish a building declared to be dangerous under the Uniform Code for the
Abatement of Dangerous Buildings pursuant to AMC 15.04.010. .
4. For any demolition within the SO district. Southern Oregon University shall be
exempt from this ordinance, but shall comply with the demolition provisions
within the adopted Southern University 2025 Facilities Master Plan
Amendment.
SECTION 3. Section 18.3.6 [Southern Oregon University District] of the Ashland Land Use
Ordinance is hereby amended as follows:
ORDINANCE NO. 3268 Page 2 of 11
18.3.6.020 Applicability
A. This chapter applies to properties designated as SO on the Zoning Map. The Southern
Oregon University (SOU) district implements the Southern Oregon University 2025 Facilities
Master Plan Amendment
Campus Master- PlaA Update for.Sie--WheFA Or-egeA WAiVeFsity dated-
Aaral 12, 2910, with all conditions added by the City Council, as
adopted and incorporated into the Comprehensive Plan by Ordinance No. 3267 on August 5,
2025 O ' ;a^ee No 3914 am 1a„r1, 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 district boundary, as shown on the SOU 2025 Facilities Master Plan
Amendment, adopted by SOU and approved by the City. The District shall not apply to
properties identified on the Zoning If Transferred Map and transferred by SOU and no longer
owned by SOU.
B. This chapter, together with chapters 18.5.2 Site Design Review, 18.4.3 Parking, Access, and
Circulation, "„d �Q " cc^^� aFe the GRIV "^"+ions ^f+Mo- erd-in Ree and 18.3.11 Water
Resource Protection Zones are the only portions of this ordinance to be effective within the
SOU zone; except that projects to be developed within 50 feet of privately owned land
(specifically not including alterations to a site such as signage, access, driveway, sidewalk or
landscaping alterations) are subject chapter ,Q c " Conditional I Ise oorrr.a+to a Type 11
Conditional Use Permit review process. In addition, the creation or vacation of public streets or
public ways shall be subject to mutual agreement between the City and SOU and all other
applicable laws. Prior to the sale of university property, or to the submittal of applications to
the city for the construction of new buildings or the amendment of the Southern Oregon
University Facilities Master Plan,the University shall provide written notice to neighboring
Property owners of record within 200 feet of the proiect and provide written evidence of
such notice to the city with the application submittal.
ORDINANCE NO. 3268 Page 3 of 11
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Figure 18.3.6.020. Southern Oregon University District
18.3.6.030 Permitted Uses
Permitted uses are as follows.
A. Uses permitted outright are all those which are directly and indirectly related to the
educational functions of SOU, provided that such uses are indicated and located in
conformance with the adopted and City approved SOU 2025 Facilities Master Plan Amendment
and are greater than CA feet fron; pFiyately ewned prepert..
ORDINANCE NO. 3268 Page 4 of 11
B. Wireless Communication Facilities authorized pursuant to chapter 18. Wireless
Communication Facilities.
18.3.6.040 Conditional Uses
Uses subject to approval of a conditional use permit, per chapter 18.5. , are as follows.
A. Any use, site design, or construction or alteration of same not agreed upon in advance by
the City and SOU in the SOU 2025 Facilities Master Plan Amendment.
B. Any use,suede-*,,„, — nstnu�+; •i+lam; CA feet �F Mr +�1 rl r�r�er+ projects to
be developed within 50 feet of privately owned land (specifically not including alterations to
a site such as signage, access, driveway, sidewalk or landscaping alterations).
C. Any +r..,.+;.,., ,..,,,r 49 feet;") hoinh+ Construction that exceeds 60 feet in height within
the SO zone, exclusive of the I lo.;.,erS;+., Dis+r;..+ desgribed— i1 sec-tie-RI q p hel...., shall Few of a C,,.,,a;+;.....I I Ice o„r....it, ...,to h.,;,.h+ ,.c�9 feet properties described
in Sections D thru G below, shall require approval of a Conditional Use Permit.
D. Construction within the University District bounded by Walker Avenue, Ashland Street,
Webster Street and Stadium Street that exceeds the permitted maximum height of 50 feetT
(or 60 feet with the inclusion of at least 25 percent affordable or student housing)—, withip
ra by\Ah,IL.,r Aver��.n A�hl-...rl C+r�e�+ U/e�hr+pr C+rppt ;and
c+"d;......, C+r,�,t shall require approval of a Conditional Use Permit, up to a maximum height
of 110 feet.
E. Construction within the former Cascade Complex that does not exceed 60 feet in height,
five stories, or 194,000 square feet (GFAI, including associated site improvements such as
signage, access, driveways, sidewalks, and landscaping, does not require a Conditional Use
Permit, and is permitted through a Type II Site Review. Any proposal that exceeds the height
or square footage limits established herein shall require approval of a Conditional Use Permit.
F. Construction of any replacement building that does not exceed the height or square
footage of the existing building shall be permitted, including alterations to the site such as
signage, access, driveway, sidewalk, and landscaping, and permitted under a Type II decision.
Any proposal that exceeds the height and square footage enumerated herein shall require
approval of a Conditional Use Permit.
S. G. Wireless Communication Facilities not permitted outright and authorized pursuant to
chapter 18.4.10 Wireless Communication Facilities.}
SECTION 4. Section 18.4.7.040 [Exempted Signs] of the Ashland Land Use Ordinance is
hereby amended as follows:
18.4.7.040 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 relative to the size, lighting, or spacing of such signs.
[A-M unchanged]
ORDINANCE NO. 3268 Page 5 of 11
N. Southern Oregon University. Signs on properties within the Southern Oregon University
District on lands owned by the University shall be exempted from this chapter, and shall
follow the guidelines for Signage on Campus contained within the Southern Oregon
University 2025 Facilities Master Plan Amendment.
SECTION 5. Section 18.5.2.020 [Review Procedures] of the Ashland Land Use Ordinance is
hereby amended as follows:
[A-B unchanged]
C. Exempt from Site Design Review. The following types of uses and projects are exempt from
site design review:
1. Detached single-family dwellings and associated accessory structures and uses.
2. Accessory residential units meeting the requirements of subsection 18.2.3.040 and
duplexes meeting the requirements of section 18.2.3.110.
3. Land divisions and property line adjustments, which are subject to review under
chapter 18.5.3.
4. The following mechanical equipment:
a. Private, noncommercial radio and television antennas not exceeding a height of 70
feet above grade or 30 feet above an existing structure, whichever height is greater,
and provided no part of such antenna shall be within the setback yards required by
this chapter. A building permit shall be required for any antenna mast or tower over
50 feet above grade or 30 feet above an existing structure when the same is
constructed on the roof of the structure.
b. Not more than three parabolic disc antennas, each under one meter in diameter, on
any one lot or dwelling unit.
c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1
zoned properties located within designated historic districts. The devices shall
comply with solar setback standards described in chapter 18.4.8 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 extend
above the peak height of the roof or existing parapets, or is otherwise not visible
from a public right-of-way. The devices shall comply with solar setback standards
described in chapter 18.4.8 and height requirements of the respective zoning
district.
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 provisions of the ordinance
codified in this section, including solar access in chapter 18.4.8, and noise and
setback requirements of subsection 18.2.4.020.13. See also screening standards for
mechanical equipment in subsection 18.4.4.030.G.4.
ORDINANCE NO. 3268 Page 6 of 11
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)
5. Solar Arrays Over Parking Lots in the SO-zone. Solar arrays over parking lots shall be
exempt from Site Design Review, and subject to ministerial approval in conjunction
with building permit issuance, where they meet the following standards:
a. The proposed solar array is consistent with the general design approach
illustrated in the adopted SOU 2025 Facilities Master Plan Amendment,
which is intended to be illustrative rather than prescriptive.
b. The proposed solar array does not exceed a height of 38 feet.
c. The proposed solar array complies with the Solar Access Ordinance in
Chapter 18.4.8 where abutting privately-owned property to the north.
d. The proposed solar array does not impede emergency vehicle access or
circulation.
e. Permits (structural and electrical) shall be obtained from the City of Ashland
Building Division.
SECTION 6. Section 18.5.2.030 [Review Procedures] of the Ashland Land Use Ordinance is
hereby amended as follows:
18.5.2.030 Review Procedures
A. Type I Review. Except as provided by 18.5.2.03 , 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
Downtown 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 subject 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 subject to Type II review.
E. Residential Site Review. Residential structures 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 11 review.
ORDINANCE NO. 3268 Page 7 of 11
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 118.4. to improve fire safety, public safety, water
conservation, or energy efficiency may be processed as Ministerial or Type I actions.
H. Southern Oregon University District Site Review. In the SO District, new structures or
additions greater than 15,000 square feet in gross habitable floor area (GHFA) are subject to
Type II review. All other development subject to Site Design Review shall be reviewed as a
Type I review for compliance with the current Southern Oregon University 2025 Facilities
Master Plan Amendment development standards.
SECTION 7. Section 18.5.7.020 [Applicability and Review Procedure] of the Ashland Land Use
Ordinance is hereby amended as follows:
AMC 18.5.7.020 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 concurrently with the other planning
action. Applications for tree removal permits are reviewed as follows:
A. Ministerial Action. The following tree removal permits are subject to the ministerial
procedure in section 18.5.1.040:
1. Emergency tree removal permit.
B. Type I Reviews. The following tree removal 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 including an accessory residential unit, or by a duplex.
3. Removal of significant trees, as defined in part 18.6, on vacant property zoned for
residential purposes including but not limited to R-1, RR, WR, and NM zones.
ORDINANCE NO. 3268 Page 8 of 11
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
requirement for a tree removal permit in subsections 18.5.7.020. and E, above:
1. Those activities associated with the establishment or alteration of any park under the
Ashland Parks and Recreation Commission. However, the Parks and Recreation
Department shall provide an annual plan in January to the Tree Commission outlining
proposed tree removal and topping activities, and reporting on tree removal and
topping activities that were carried out in the previous year.
2. Removal of trees in single-family residential 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
otherwise regulated by chapter���10, Physical and Environmental Constraints
Overlay, and chapter 18.3.11, Water Resources Protection Zones (Overlays).
3. Removal of trees in multifamily residential and health care 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 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
Constraints Overlay, and chapter 18.3.11, Water Resources 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,
!;A"thPFRQFegen URiye"`'W, and other public land, excluding 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 consistent with the fuel
modification area standards in section 18.3.10.10 , and in accord with the requirements
, Physical and Environmental Constraints Overlay, and
of chapter 18.3.1
chapter 18.3.11, Water Resources Protection Zones (Overlays).
7. Removal of dead trees.
ORDINANCE NO. 3268 Page 9 of 11
8. Those activities associated with tree trimming for safety reasons, as mandated by the
Oregon Public Utilities Commission, by the City's Electric and Telecommunication Utility.
However, the Utility shall provide an annual plan to the Tree Commission outlining tree
trimming activities and reporting on tree trimming activities that were carried out in the
previous year. Tree trimming shall be done, at a minimum, by a journeyman tree
trimmer, as defined by the Utility, and will be done in conformance and to comply with
OPUC regulations.
9. Removal of street trees within the public right-of-way subject to street tree removal
permits in AMC 13.1 .
10. Those activities associated with tree trimming or removal at the airport, within the
Airport (A) overlay zone for safety reasons, as mandated by the Federal Aviation
Administration. The Public Works Department shall provide an annual report to the Tree
Commission outlining tree trimming activities and reporting on tree trimming activities
that were carried out in the previous year.
11. Those activities associated with the tree removal and maintenance of trees within
the SO zone consistent with the current Southern Oregon University 2025 Facilities
Master Plan Amendment when conducted by a licensed and certified arborist.
However, Southern Oregon University shall provide an annual plan from its staff
arborist or a contract arborist in January to the Tree Commission outlining proposed
tree removal and topping activities, and reporting on tree removal and topping
activities that were carried out in the previous year.
SECTION 8. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 9. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e., Section 2)
need not be codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first reading by title only in accordance with Article X, Section
2(C) of the City Charter on the 7 day of , 2025, and duly
PASSED and ADOPTED this 1. day of , 2 02 5.
ATTEST:
Ali ssa Ko odzinski, City Recorder
ORDINANCE NO. 3268 Page 10 of 11
SIGNED and APPROVED this _day of ,4xjW1 gy, , 2025.
� A'-O'�
Tonya Graham, Mayor
Reviewed as to form:
tila, ity Attorney
ORDINANCE NO. 3268 Page 11 of 11