HomeMy WebLinkAbout3303 Amending AMC 15.04 Buildings and Construction, Section 15.04.210 Demolition or Relocation of Structures ORDINANCE NO. 3303
AN ORDINANCE AMENDING AMC 15.04 BUILDINGS AND CONSTRUCTION,
SECTION 15.04.210 DEMOLITION OR RELOCATION OF STRUCTURES
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions arethrough, and additions are bold underlined.
NVIIEREAS,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.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 15.04.210 Demolition or Relocation of Structures is amended as follows:
A. For purposes of AMC 15.04.210 through 15.04.216,the following terms,phrases, words and
their derivations mean:
1. Deiiiolition. To raze, destroy, dismantle, or any act or process that may cause partial or
total destruction of a structure where less than sixty(60)percent of the structure's
external walls will be retained in place, or where less than a fifty 501 percent ; }rity
of the facade will remain.
2. Facade. The front or principal face(s) of a building, excluding an attached garage of a
rte�W structure, sometimes distinguished from the other faces by elaboration of
architectural or ornamental details and often serving as the primary entrance.
offers Rreater!one term-+c
0110M.-
include highe-market value,increased buf4ding equity,improved operational
y RepoA. A st-udy that eoneludes that rebuilding the structure
efficiency, costs,nd malingr-ebuildine not on
flfaane4alty sound eholee but also the more sustainable and -� --
3. Economic Viability Report: A study which demonstrates whether rehabilitation
of the existing building would or would not make the current or future use generate
a reasonable economic return. To make this assertion an application for demolition
approval shall contain the following information:
i. The existing building value;
ii. A rehabilitation report that itemizes the cost to rehabilitate the
building to correct construction deficiencies. For purposes of this
report, rehabilitation costs shall be limited to structural,mechanical,
electrical, and plumbing systems necessat y to brim the building into
compliance with applicable codes and to ensure safe occupancy. Costs
ORDINANCE NO. 3303 Page 1 of 8
associated with cosmetic improvements, aesthetic upgrades, or
discretionary renovations shall not be included.;
iii. A market analysis that demonstrates the expected market value of the
property following rehabilitation.
W. Debris diversion plan showing construction and demolition materials
are salvaged to the greatest extent feasible and diverted from the
waste stream.
V. Redevelopment Plan for the site that details the nature,appearance
and location of the replacement or rebuilt structure.
4. Hearings Offleer: This section adopts the definition as applied in the Ashland
Municipal Code, Chapter 2.30,Uniform Administrative Appeals Process.
5. Director: Community Development Director
B. Except as provided in subsection D of this section, a permit is required before any structure,
or part of a structure as defined in subsection A.1 of this section, can be demolished or relocated.
The perinit fees for demolition or relocation of a structure will be set by resolution of the
Council.
C. Exemption to separate demolition/relocation permit requirements -a building permit is
always required to demolish or relocate a structure regardless of its exempt status under
this section. However, no a separate demolition or relocation permit is not required and is
exempt from the requirements of 15.04.210 to 15.04.216 when the following conditions
Apply:
1. F-oF The structures of is less than 500 square feet or less in size.
2. For relocation of a structure upon the same lot.
3. demolish The demolition of a building declared to be dangerous under the
Uniform Code for the Abatement of Dangerous -Buildings pursuant4o-AAMG
1&04.010;-11 the definitions outlined in 15.04.205 "Dangerous Buildings Defined'
when determined by the Building Off cial that the building or structure is not
practical to repair and can be exempt from the requirements of providing a
Economic Viability Report and redevelopment plan.
D. In addition to the enforcement provisions of this title, the City Attorney may or, upon order
of the City Council, shall immediately commence action or proceedings for the prevention of the
demolition or relocation of a structure in the manner provided by law, and may take such other
steps and apply to such corms as may have jurisdiction to grant such relief as will prevent the
demolition,moving,removal, or damage to a building or structure, or using property contrary to
the provisions of this title. The remedies provided for in this section shall be cumulative and not
exclusive.
1. For any demolition or relocation in violation of AMC 15,04.2 10 through 15.04.216, the court
shall also have the authority to order the person convicted of the violation to rebuild or restore
the structure to its appearance prior to the demolition or to move and restore the building to its
original site.
ORDINANCE NO. 3 303 Page 2 of 8
2. For any vagrant violation,the court may impose a fine up to and including the assessed
market value of the structure demolished or relocated. A flagrant violation is an act by a person
who, after being notified of a violation, intentionally continues it. (Ord. 3238, amended,
06/18/2024; Ord. 2925, amended, 04/18/2006; Ord. 2858, amended, 06/20/2000)
SECTION 2. 15.04.212 Demolition Review Committee is Repealed in its entirety.
s amended5 3 OFd. 2925,
} • 2866,amended, OV064001; • 2858, ,
s i added,
01/21/2000)
SECTION 3. 15.04.214.approval Process is amended as follows:
Applications for demolition or relocation permits will be processed as follows:
A. A complete application must be submitted to the Building Official and the Community
Development Director and must include all of the required information for the specific action
requested. The application must be signed by one(1) or more property owners of the property
where the structure is located. The application must be accompanied by the appropriate
application fee.
1. The Building Official will review the application to determine if the structure meets
any of the exemptions outlined in XNIC 15.04.210 C. If the proposed structure does
not meet any of the exemptions,then the Director or designee will review the
application.
B. Within fourteen(14) days after receipt of a complete application, the ti .ng O elal
Director or designee will approve, approve with conditions, or deny the application unless such
time limitation is extended with the consent of the applicant.Notice of the decision of the
Director Building-Offielal will be mailed to the applicant within seven(7) days of the decision.
C. If the application is approved, — and the applicant desires a
hearing befor a Demolition Review Commifte the City shal appileant mus post and
publish a notice of the decision. The notice must be posted on the property in such a manner as to
be clearly visible from a public night-of-way and be posted within five (5)business days of the
date the applicant received the decision. In addition, the notice must be published
made available to the public by posting on the city website
or local online news outlets nF* in the City, of least seven (7) The yard sign and posting on
local online news outlets shall be gosted for a minimum of 10 days to meet the minimum
written noticing requirements outlined in the Administrative Appeals Process in AMC
2.30.020. If there are no appeals within the 10 dpa notification the approval will be
considered finaL ,, ier o+he late r eque4-for he at.;n�s must be tiled
D. If the application is denied,Tthe applicant or any person may request a hearing before the
Demolition Review Committee Hearings Officer by filing a request for a hearing_wM-the
ORDINANCE NO. 3303 Page 3 of 8
Building Official with the Director. The request for a hearing niust:be in accordance with
the Administrative Appeals Process outlined in AMC 2.30.020
1. Be in writing and be-filed vAthin ten (10) day"f the date of the decision; if the r-eclue-s"t is
by the appReant. Othem4se the r-efluest must-be filed within ten (104 days of the date the-
notlee is P-sted or seven (7) days -fter the notlee is publisl w-date is later,
2. Contain the specific grounds for which the decision should be reversed or modl
based on the applicable demolition standaFds-.
y this,
secAo„.
Natic-A of the decision by the lRuflding Official described in subsection B of this section is
a. The deeislon of the Building Of-fie b-e date of the4ee6lon-.
b. The reQuir-ements of the appileant for postine and PU4 ce of the de
c. A statement that no hearing will be held be-M-Fe Review Commiftee unless
„l fic lly rectueste
�the applieant-must be made within le
d—, _T+U. date the applicant received the decision and that a request for a hparin
----
(1) The name and. addr-ess of the appileanti,
(2) The flies number of tho demolition or rmorn#inn -aryrulication; and
the applic-able demolition or relocation standards-.
a. A brief description of the approval and the applkitlen file numbei.,
b. The phone number-an-ca add-F-ess oft W'D Wing(3) The specific grounds for which the decision should be reversed a-F mod-n-fied-
eTho.late the notice was steel nrl
GZGCTTAY'�7L7.Y��..GIF.j LC�R
,
A statement that anyone who objeets to the appmoval-must file
• request fop a
on a form furnished by the Building Official, by a date not-more than ten (10) day�- m
the date the notice was posted or seven days 41--am— thhe dmite- ;;MMjL!!fhed in the-
,n t, .ar whichever-date is later..
eonduet a hearine at least fifteen (15) days, but not more than thM-y (30) dayys, I om thp
Ante of the rnrrn Wsc#
i
G. Notice for hearings h-pelfere the inu R-evi-e4v Committee will be published im -
daily newspaper of gemer-al dire-1-41- * .7 least ten (10) days prio,
hear4ne an' the applicaut or authorized agent at least ten (10) dal to the
hear
. . .
ne. in addition, a
ee must be posted on the proper43�by the
r
date of the hear-ine. The applicant must cer-tify, for the record of the hearine,that the
postine was accomplished. The postpedd anoti-ree must contain a brief descir4ption of
proposal,the tlw-,date and place aolf the and the phone number-and add'Fe&s-fbt
contact with the 0-f-ficia-L'
ORDINANCE NO. 3303 Page 4 of 8
H. Within fifteen (15) days of the hearing, or-within fifteen (15) days of the receipt of the
]report described in AAIC 15,04.216.A.1 is reeelvedi whichever- date
ReAewC-omm-11Wxee'_ all issue its deelsion . --mall it to the applicantand all
per-sons 4;Thn appeared and spoke at the henrino
I. The deeision of the Demolition Review Commj#e��e appealed to the Citv Gounell.
by the applicant or someone who spolie at the heaAnLx. in addition, the Cit-Counell-ma
review the decision on Its A-3ix-a m_Gtion, The de '"'Ing a notice
with the Ck-
v Alanaeeir. The appeal fee, as set-by r-esolution of the City Counell, miivA
accompany the notice of appeal. The appeal must he filed within fifteen (1A dol ls of the
date the decision of th committee is mailed. Ih
±2pptg notice must-contain-1
y
the hearingi
4. The date of the decision being,appealedg; a-ad
5. The speeffie evounds for-whieh the deelsion should be reversed or modiffie"ased on-
the applicable standards.
j. The notice of appeal toeether with notice of the dote time and place of the heo
the appeal by the Council,will be ZZ;� i; i�ose who appeared at t-hp, h-1--fere the
Demolition Rev4ew Committee at least twenty (20) da- -a
before the Council shall be a de nevo hearing based soleb�-o 4.M t—h Pe_v,1.X id,-1 in flue record
made before the De. Hifi-AMR-eview Board. The applicant;shall have the bur-den
the s -A-AmIc h--xxye been met. The Council may affirm, revP_rSe or M-7-dif-,V-6-decision and
ma-
Connell
amended, 5 ti, amended, ; Tiended 4
Ord. 2852 added-,QE21292�Qj
SECTION 4. 15.04.216 Demolition and Relocation Standards is amended as follows:
A. For demolition or relocation of structures erected more than forty-five (45)years prior to the
date of the application.
1. The applicant must demonstrate that either subsection A.La or A.Lb of this section applies:
a. The structure cannot be rehabilitated or reused on site as part of any economically
beneficial use of the property. In determining whether an economically beneficial use can
be made of the property; the Director Demolition Review Committee may require the
applicant to.
ORDINANCE NO. 3303 Page 5 of 8
(1) Furnish an economic feasib!IU3 Economic Vlability Report reper4-prepared
by an architect, developer, or appraiser, or other person who is experienced in
rehabilitation of buildings that addresses the estimated market value of the
property on which the building lies,both before and after demolition or removal;
OF
(2) Market the pro erty utilizing a markM
Dem Alifloin ID Committee oF by advertising the pr-opeAy in the Ashland
DaW:Yidings or-Medford Mail Tribune at 1-aasst elaht (9-11 times and at+e-g*1.-w-
intervals for at least ninety
� (90) days and by posting - for sale sign-on-the
pr-opeFty,four (4) to six (6) square feet 1n '.Qi!XP and C�ear-ly visible fttom-th-e
street, for the same ninety(90) day per-log-J.
b. The structure proposed for demolition is structurally unsound despite efforts by the
owner to properly maintain the structure.,and has been declared by the Building
Official to be a dangerous building as defined in AMC 15.04.205
2. In addition to subsection A.La or A.Lb of this section,the applicant must also:
a. Submit a redevelopment plan for the site that provides for a replacement or rebuilt
structure for the structure being demolished or relocated. The replacement or rebuilt
structure must be a minimum of 1,000 square feet,unless the structure being demolished
or relocated is less than 1,000 square feet. If the structure is less than 1,000 square feet,
the replacement structure must be a minimum of 500 square feet. Notwithstanding the
above when an existing dwelling unit is removed it m4y be replaced with a dwelling
unit of any size. The redevelopment plan must indicate in sufficient detail the nature,
appearance and location of all replacement or rebuilt structures.No replacement structure
is required, however, if.
(1) The applicant agrees to restrict the property to open space uses and a finding is made
that such restriction constitutes a greater benefit to the neighborhood than redevelopment
would; or
(2) The structure being demolished or relocated is a nonhabitable accessory structure.
b. Demonstrate, if the application is for a demolition, the structure cannot be practicably
relocated to another site.
3. If a permit is issued and the redevelopment plan:
a. Requires a site review permit,no demolition or relocation may occur until the site
review permit has been issued, unless the site is restricted to open space uses as provided
in subsection A.2 of this section.
ORDINANCE NO. 3303 Page 6 of 8
b. Does not require a site review permit, no demolition or relocation may occur until the
building-permit has been issued for the replacement or rebuilt structure,unless the site is
restricted to open space uses as provided in subsection A.2 of this section.
4. The Demolition Review Committ The Director may require the applicant to post with the
City a bond, or other suitable collateral as deternimed by the City Manager, ensuring the safe
demolition of the structure and the completed performance of the redevelopment plan.
B. For demolition or relocation of structures erected less than forty-five (45)years from the date
of the application:
1. The applicant:
a. Has the burden of proving the structure was erected less than forty-five (45)years
from the date of the application. Any structure erected less than forty-five (45)years from
the date of the application,which replaced a structure demolished or relocated under this
section, shall be considered a structure subject to the standards in this section.
b. Must submit a redevelopment plan for the site that provides for a replacement or
rebuilt structure being demolished or relocated. The replacement or rebuilt structure must
be a minimum of 1,000 square feet,-unless the structure being demolished or relocated is
less than 1,000 square feet. If the structure is less than 1,000 square feet, the replacement
structure must be a minimum of 500 square feet. Notwithstanding the above,when an
existing dwelling unit is removed,it may be replaced with a dwelling unit of any
size. The redevelopment plan must indicate in sufficient detail the nature, appearance
and location of all replacement or rebuilt structures.No replacement structure is required,
however, if:
The applicant agrees to restrict the property to open space uses and a finding
is made that such restriction constitutes a greater benefit to the neighborhood than
redevelopment would; or
(2) The structure being demolished or relocated is a nonhabitable accessory
structure.
2. If a permit is issued and the redevelopment plan:
a. Requires a site review permit, no demolition or relocation may occur until the site
review permit has been issued, unless the site is restricted to open space uses as provided
in this subsection B.
b. Does not require a site review permit,no demolition or relocation may occur until a
building permit has been issued for the structure or structures to be replaced or rebuilt,
unless the site is restricted to open space uses as provided in this subsection B.
ORDINANCE NO. 3303 Page 7 of 8
C. For any demolition approved under this section,the applicant is required to salvage or
recycle construction and demolition debris, in accordance with a demolition debris
diversion plan that complies with the requirements adopted by the Demolition Review
Committee. The applicant shall submit such a plan with the application for demolition.
For any relocation approved under this section, the applicant must also comply with the
provisions of AMC 15.08. (Ord. 3238, amended, 06/18/2024; Ord. 3192 § 115, amended,
11/17/2020; Ord. 2925, amended, 04/18/2006; Ord. 2891, amended, 11/19/2002; Ord.
2858, amended, 06/20/2000; Ord. 2852, added, 01/21/2000)
SECTION 5. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word"ordinance"may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the �day of ew , 2026, and duly PASSED and
ADOPTED this day of 12026.
SIGNED and APPROVED this day of (� ^/� ® _ 12026.
ATTEST:
Alissa o Wiriski, City ARecorAder
�� &a�
Tonya Gra am,Mayor
Reviewed as to form:
o ie , City Attorney
ORDINANCE NO. 3303 Page 8 of 8