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HomeMy WebLinkAbout3296 Amendding AMC and Related Provisions to Establish the Manufactured Home Park Zone and Modify Manufactured Home Park Standards ORDINANCE NO. 3296 AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTIONS 18.2.2.030 (ALLOWED USES), 18.2.3.170 (MANUFACTURED HOME ON INDIVIDUAL LOT), 18.2.3.180 (MANUFACTURED HOUSING DEVELOPMENTS), 18.3.9.020 (APPLICABILITY OF THE PERFORMANCE STANDARDS OPTION), 18.3.9.030 (PSO OVERLAY),AND RELATED PROVISIONS TO ESTABLISH THE MANUFACTURED HOME PARK ZONE (MHPZ),MODIFY MANUFACTURED HOME PARK STANDARDS,AND IMPLEMENT STATE LAW REQUIREMENTS RELATING TO CHILDCARE FACILITIES AND RESIDENTIAL CARE USES Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined thmugh, and additions are bold underlined. 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 Oregon Legislature has adopted amendments to state law intended to reduce barriers to manufactured housing and expand housing choice, including provisions requiring local governments to allow manufactured dwellings on individual lots under standards that are clear and objective and that do not unreasonably restrict placement of manufactured homes meeting applicable construction and safety standards, including ORS 197.314, ORS 197.307, and ORS 197A.400; and WHEREAS,the State of Oregon recognizes manufactured housing and manufactured home parks as an important component of the state's needed housing supply and has adopted policies and legislation intended to encourage the preservation, improvement, and continued availability of manufactured housing opportunities throughout Oregon; and WHEREAS,the City of Ashland Housing Production Strategy identifies Strategy G, "Maintain quality and support preservation of existing manufactured home parks," as a priority action to preserve existing housing opportunities, support reinvestment in manufactured housing communities, and maintain long term housing stability for Ashland residents; and WHEREAS,the Housing Element of the Ashland Comprehensive Plan establishes goals and policies to ensure a range of housing types for the community, support the creation and preservation of housing affordable to low and moderate 'income households, and encourage efficient residential development patterns that make effective use of urban land and infrastructure; and ORDINANCE NO. 3296 Page 1 of 50 VVMEREAS, Statewide Planning Goal 10 requires local governments to provide for the housing needs of Oregon residents, and the City of Ashland's acknowledged Housing Capacity Analysis and Housing Production Strategy identify manufactured housing as an important source of homeownership opportunities and a needed component of the City's housing supply; and WHEREAS,manufactured dwelling parks provide an important source of attainable homeownership opportunities within the City of Ashland, offering housing choices for households that may otherwise be unable to purchase a home in the local market,, and the preservation and modernization of manufactured housing communities serves an important public purpose by maintaining housing stability, supporting reinvestment, and preserving a diverse supply of housing choices for current and future residents; and WHEREAS,the Oregon Legislature has adopted additional housing and community service related requirements, including 1113 3560 relating to childcare facilities and HB 2005 relating to residential care homes and residential care, facilities, and the amendments include revisions to the Ashland Municipal Code necessary to maintain consistency with current state law and ensure such uses are permitted in accordance with applicable statutory requirements; and WHEREAS,the City Council finds that the amendments adopted herein, including establishment of a Manufactured Home Park Zone, updates to manufactured housing standards, and revisions necessary to comply with state requirements relating to childcare facilities and residential care uses,will promote compliance with state law, implement adopted Housing Production Strategy actions, further the goals and policies of the Ashland Comprehensive Plan, support the preservation of needed housing, expand housing and community service opportunities, and provide clear and objective standards for development within the City. 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.AMC 18.2.2.030, Allowed Uses, is hereby amended as folloNvs: 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones.Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and 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.1 8.1.5.040. ORDINANCE NO. 3296 Page 2 of 54 B. Permitted Uses and Uses Permitted Subject ject to Special Use Standards. Uses listed as "Permitted (P)"are allowed. Uses listed as"Permitted Subject to Special Use Standards(S)"are allowed, provided they conform to chapter 18.2.3, Special Use Standards.All uses are subject to the development standards of 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"Conditional Use Permit Required (CU)"are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18.1.6.080, 18.1.6.090, and 181.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.22, additional land use standards or use restrictions apply within overlay zones.An overlay zone may also provide for exceptions to some standards of the underlying zone. For uses allowed in special districts CM, HC, NM, NN and SOU, and for regulations applying to the City's overlay zones, refer to part 18.3. F. Accessory Uses. Uses identified as"Permitted (P)"are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6, Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses.Temporary uses require a conditional use permit under chapter 18.5.4 except as follows: 1. Short-Term Events.The Staff Advisor may approve through ministerial review short- term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set-up and take-down.Activities such as races, parades, and festivals that occur on public property(e.g., street rights-of-way, parks, sidewalks, or other public grounds) require a special event permit pursuant to chapter 13.03. ORDINANCE NO. 3296 Page 3 of 50 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 lasting 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 Departments 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 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 commercial activity. 4. Temporary Buildings.Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with approval of the Staff Advisor. I. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this chapter. Table 18.2.2.030. Uses Allowed by Zone R- R- R-2 R-3 RR W C- E- M Special 1 1- R 1 1 -1 Use MH 3. & Standards PZ 5 C_ 1- D A. Agricultural Uses' Agriculture, except Keeping N P P P P P P N N N Animal of Bees, Livestock and sales, feed ORDINANCE NO. 3296 Page 4 of 50 Micro-Livestock, yards, Homegrown Marijuana keeping of Cultivation, and Marijuana swine, Production commerci al compost, or similar uses not allowed Keeping of Bees S S S S S S S N N N Sec. 18.2.3.160 Keeping of Livestock N S N N N S S N N N Keeping of Micro-Livestock N S S S S S S N N N Marijuana Cultivation, N S S S S S S S S S Sec. Homegrown 18.2.3.190 See General Industrial, Marijuana Productio n B. Residential Uses Single-Family Dwelling N P P P P P P S S N See Single- Family standards in Sec. 18.2.5,090 Sec. 18.2.3.130 for ORDINANCE NO. 3296 Page 5 of 50 dwellings in C-1 zone and E-1 zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory Residential Unit N S S S S S S N N N Sec. 18.2.3,040 and 18.5.2.020. C.2 Dwellings and additions in Historic District Overlay, see Sec. 18.2.3,120 and 18.2.5.070 Cottage Housing N S N N N N N N N N Sec. 18.2.3.090, ORDINANCE NO. 3296 Page 6 of 50 Cottage Housing Duplex N S S S S S S S S N Sec. 18.2.3.110 Duplex, and 18.5.2.020. C.2 Sec. 18.2.3.130 for dwellings in C-1 zone and E-1 zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Manufactured Home on 5 S S S S N N N N N Sec. Individual Lot 18.2.3.170 and not allowed in Historic ORDINANCE NO. 3296 Page 7 of 50 District Overlay Manufactured Housing S N S CU N N N N N N Sec. Development +S 18.2.3,180 Multifamily Dwelling N N P P P N N S S N Sec. 18.2.3.130 for C-1 zone and E-1 zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3,120 and 18.2.5.070 Rental Dwelling Unit N N N S S N N N N N Sec. Conversion to For- 18.2.3.200 Purchase Housing Home Occupation S S S S S S S S S N Sec. 18.2.3.150 C. Group I_ivinz Nursing Homes, CU C C CU CU CU C N N N See Convalescent Homes U U U chapter 18.3.3, Health Care ORDINANCE NO. 3296 Page 8 of 50 Services District Residential Care Home P P P P P P P S S N Subject to N N State licensing requireme nts Residential Care Facility P P P P P CU C S S N Subject to C U N X State AJ licensing requireme nts Room and Boarding Facility N N P P P N N N N N D. Public and Institutional Uses Airport N See chapter 18.3.7, Airport Overlay Cemetery, Mausoleum, N N N N N CU N N N N Columbarium Child Care Facility P P P P P P P P P P Family C C C-U C-U C-U C Child Care U U Home exempt from planning applicatio n procedure ORDINANCE NO. 3296 Page 9 of 50 pursuant to ORS 329A.440. see part 18.6 for definition Subject to State licensing requireme nts Club Lodge, Fraternal CU C C CU CU CU C P C C Organization U U U U U Electrical Substation N N N N N N N CU C P U Hospitals N C C CU CU CU N N N N See U U chapter 18.3.3, Health Care Services District Governmental Offices and N C C N N CU C P P P Emergency Services (e.g., U U U Police, Fire); excluding Outdoor Storage Mortuary, Crematorium N N N N N CU N P P P Park, Open Space, and P P P P P P P N N N Recreational Facility, including playgrounds, ORDINANCE NO. 3296 Page 10 of 50 trails, nature preserves, athletic fields, courts, swim pools, and similar uses Public Parking Facility N P P P P P P P P P Recycling Depot N N N N N N N N P P Not allowed within 200 feet of a residential zone Religious Institution, CU C C CU CU CU C CU C C Houses of Worship U U U U U School, Private N C C CU CU CU C N N N (Kindergarten and up) U U U School, Public N P P P P P C N N N (Kindergarten and up) U School, Private N N N N N N N N C P College/Trade/Technical U School Utility and Service Building, N C C N N CU C P P P Includes Yard and Structure, Public U U U public and Quasi-Public, excluding service electrical substations building, yard, and structures such as public works yards ORDINANCE NO. 3296 Page 11 of 50 Yards not allowed in the RR, WR, and C- 1 zones Wireless Communication CU C C CU CU CU C P P P Chapter Facility U U U or o o 18.4.10 CU r r C C U U E. Commercial Uses Amusement/Entertainment N N N N N N N P C P , includes theater, concert U hall, bowling alley, miniature golf, arcade; excluding drive-up uses Automotive and Truck N N N N N N N S S P Sec. Repair, or Service; includes or o 18.2.3.050 fueling station, car wash, CU r In C-1 tire sales and C zone, fuel repair/replacement, U sales and painting, and other repair service is a for automobiles, motorcycles,aircraft, permitted use boats, RVs, trucks, etc. provided within the Freeway Overlay, see chapter 1 8.3.8; ORDINANCE NO. 3296 Page 12 of 50 conditions I use in locations outside of Freeway Overlay In E-1 zone, auto and truck repair is a permitted use if 200 feet or more from residential zones; fuel sales and service requires CU permit Automotive Sales and N N N N N N N CU C P Not Rental, includes U allowed motorcycles, boats, RVs, within and trucks Historic District Overlay Accessory Travelers' N N N CU CU N N N N N Sec. Accommodation (See also +S +S 18.2.3.220 Travelers`Accommodation) Bakery, except as classified CU N N N N N N P P P as Food Processing ORDINANCE NO. 3296 Page 13 of 50 Commercial Laundry, N N N N N N N S S P Sec. Cleaning, and Dyeing 18.2.3.080 Establishment Commercial Recreation, CU C C N N CU C N N N includes country club, golf U U U course, swimming club, and tennis club; excluding intensive uses such as driving range, race track, or amusement park Drive-Up Use N N N N N N N S N N Per Sec. 18.2.3.100, Drive-Up uses are limited to area east of Ashland St at intersectio n of Ashland St/Siskiyou Blvd Food Trucks and Food N N N N N N N S S S Sec. Ca its m s 3.145 Hostel N N N CU CU N N CU N N *In C-1 * zone, requires annual Types review for at least ORDINANCE NO. 3296 Page 14 of 50 the first three years, after which time the Planning Commissi on may approve a permanen t facility through the Type II procedure Hotel/Motel N N N N N N N CU C P U Kennel (See also Veterinary N N N N N N N S S C No Clinic) U animals kept outside within 200 feet of a residential zone Limited Retail Uses in N N C CU CU N N N N N Sec. Railroad Historic District U 18.2.3.210 for Retail Uses Allowed in Railroad ORDINANCE NO. 3296 Page 15 of 50 Historic District Lumber Yard and Similar N N N N N N N CU C P Sales and Rental of U Building or Contracting Supplies, or Heavy Equipment Marijuana Retail Sales, N N N N N N N S S N Per Sec. includes sale of medical or o 18.2.3.190, and recreational marijuana CU r marijuana C retail sales U are limited to the C-1 and E-1 zones and located on a boulevard or 200 feet or more from any residential zone, see Sec. 18.2.3.190 k Nightclub, Bar N N N N N N N S C P Not U allowed within the Historic District Overlay unless ORDINANCE NO. 3296 Page 16 of 50 located in C-1-D Office CU N N CU CU N N P P P Outdoor Storage of N N N N N N N CU C P Commodities or U Equipment associated with an allowed use Plant Nursery, Wholesale, N N N CU CU N N N N N except Marijuana Production Restaurants CU N N N N N N P P P Retail Sales and Services, CU N N CU N N N P S S In R-2 except Outdoor Sales and +S zone, uses Services limited to personal and profession al services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District In E-1 zone, Retail limited to ORDINANCE NO. 3296 Page 17 of 50 20,000 square feet of gross leasable floor space per lot In M-1 zone, uses limited to serving persons working in zone See Marijuana Retail Sales Self-Service Storage, N N N N N N N N C P Commercial (Mini- U Warehouse) Travelers'Accommodation N N N CU CU N N N N N Sec. (See also Accessory +S +S 18.2.3.220 Travelers'Accommodation) Veterinary Clinic N N N N N N N P P P F. Industrial and Employment Uses ORDINANCE NO. 3296 Page 18 of 50 Cabinet, Carpentry, and N N N N N N N N S P In the E-1 Machine Shop, and related 0 zone, uses Sales, Services, and Repairs r within 200 C feet of a U residential zone require CU permit Commercial Excavation N N N N N CU N N N N Sec. and Removal of Sand, +S .18.2.3.070 Gravel, Stone, Loam, Dirt or Other Earth Products Concrete or Asphalt Batch N N N N N N N N N C Plant U Dwelling for a caretaker or N N N N N N N N C C watchman U U Food Products N N N N N N N S S P In the C-1 Manufacture/Processing/Pr zone, eserving, including manufactu canning, bottling, freezing, re or drying, and similar assembly processing and preserving of items sold is a permitted use, provided such manufactu ring or assembly occupies 600 ORDINANCE NO. 3296 Page 19 of 50 square feet or less, and is contiguou s to the permitted retail outlet In the E-1 zone, see Sec. 18.2.3.140 Manufacture, General, N N N N N N N N P P In E-1 and includes Marijuana o o M-1 zones, Laboratory, Processing, r r marijuana and Production S S laboratory I processing , and productio n are subject to the special use standards in Sec. 18.2.3.E 90 See Marijuana Cultivation ORDINANCE NO. 3296 Page 20 of 50 Homegro wn Manufacture, Light; N N N N N N N 5 P P Requires excluding saw, planing or assembly, lumber mills, or molding fabricating plants , or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood n the C-1 zone, manufactu re or assembly of items sold in a permitted use, provided such manufactu ring or assembly ORDINANCE NO. 3296 Page 21 of 50 occupies 600 square feet or less, and is contiguou s to the permitted retail outlet Outdoor Storage of N N N N N N N CU C P Commodities or U Equipment associated with an allowed use Television and Radio N N N N N N N N P P Broadcasting Studio Wholesale Storage and N N N N N N N N S S Deliveries Distribution, includes and Marijuana Wholesale shipments limited to 7 a.m. - 9 p.m. within 200 feet of a residential zone In E-1 and M-1 zones, marijuana wholesale is subject to the ORDINANCE NO. 3296 Page 22 of 50 special use standards in Sec. 18.2.3.190 Wrecking, Demolition, and N N N N N N N N N C Junk Yards U O. Other Uses Temporary Tree Sales N N N N N N N p N N Allowed from November 1 to January 1 Temporary Use CU, except uses lasting less than 72 hours are subject to ministerial review, per Sec. 18.2.2.030.H 1 KEY: P=Permitted Use;S=Permitted with Special Use standards;CU=Conditional Use Permit Required;N = Not Allowed. SECTION 3.AMC 18.2.3.170, Manufactured Hoene on Individual Lot, is hereby amended as follows: 18.2.3.170 Manufactured Home can 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. floor area of not less than 1,000 square A. FlG_G_r P11-nn.Th—P .m.—an-facti-red hGme shall be multi seettionall -and have an enclosed ORDINANCE NO. 3296 Page 23 of 50 B. Roof The manufactured home shall have a pitched roofwkh - sllop)e nGt less tMn4 feat in height for each 12 feet in width (14 degrees). C. Residential Building Materials.The manufactured 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., horizontal wood or wood-appearance siding is considered"superior"to metal siding and roofing). D. Garages and Carports. Garages and carports shall utilize materials, colors, and design elements that are visually compatible with the primary dwelling. Compatibility shall be consistent with sections 18.4.2.030(Q.) and (E.)4fAhe-nianufattufed4ionie4ias-a-gar--,,-- FIJI 11 used-on-the house. E. Thermal Envelope.The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed 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 exterior thermal envelope certification requirement. F. Placement.The manufactured home shall conform with building code requirements in chaDter 18.4 and the minimum set-u Rules for Manufactured Dwellings,OAR 918.The manufactured ho me shall be placed on an mccavatod and back-flilpd foundation and onclasod at the per;metar such tha complies * h the applicah-le build-ing code requirements, including the height a grade, and t-he Mini m set-up standards of the adopted statp AdministratiArp Rulps for Man,dact,vrpd MAWH_ G. Floodplain. Manufactured homes located within flood hazard areas shall comply with chapter 18.3.10 Physical and Environmental Constraints and chapter 15.10.080 Provisions for Flood Hazard Protection, along with all applicable floodplain management requirements of the Federal Emergency Management Agency(FEMA), including but no limited to standards adopted through the National Flood Insurance Program (NFI M.Manufac-turte"onies-sh-alk! ORDINANCE NO. 3296 Page 24 of 50 H. Foundation Skirt.The foundation area of the manufactured home shall be fully skirted with concrete,horizont-al iffoo 1, or vinyl siding, or other solid materials, pursuant to applicable building codes. Metal siding shall be encouraged to increase fire safety and protection. 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. ORDINANCE NO. 3296 Page 25 of 50 SECTION 4. AMC 18.2.3.180, Manufactured Housing Developments, is hereby amended as follows: 18.2.3.180 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 whk4v-wJiU create pleasing appearances,to provide sufficient open space for light, air, and recreation, to provide adequate access to manufactured housing sites, and to refer minimum utility service facilities to appropriate City codes. B. General Provisions. 1. Manufactured housing development maybe located or relocated only in R-1-3.5 and R-2 zones or the MHP zone 2. No manufactured housing developments may be located, relocate A. -r r-r-P a r.Pel in size or number of units within any other zone. 3. No manufactured housing developments may be located within the Historic District Overlay. 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 establish, 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, together with such administrative rules as may be adopted from time to time, except where such regulations are exceeded by the requirements of this chapter, in which case the more stringent requirements shall apply. C. Procedure for Approval.The procedure for approving a manufactured home development is the same as for the Performance Standards Option (Outline Plan and Final Plan), pursuant to chapter 18.3.9. D. Manufactured Housing Development Design Standards. ORDINANCE NO. 3296 Page 26 of 50 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 18 manufactured dwelling units per acre regardless of zoning district Density calculations minimum unit counts and proximity standards shall be determined in accordance with the definition of Manufactured Dwelling Park in this title e➢ght manufactured he,ucing Aunitc per err millihich i-r. Iii than 800 square feet in rizp will cog int as n 71; 1 inits rthiscalcillafinn fo- 3. Manufactured Housing Sites or Lots. Manufactured housing sites or lots shall meet the minimum dimensional standards established by applicable building and fire codes. No minimum lot width or depth shall be required, provided that each site or lot accommodates required setbacks access, utilities, and fire separation standards. �:+g-.a'�c�C�-feet nrislne •.rov) •+t�(n� t Afi fnn# rin$n 4. Lot Coverage. Maximum lot coverage of any individual manufactured housing lot or site shall be 65 percent in the a 2 zone and 65 percent in the o_a_3.5 yGne regardless of zoninL7 district.The eneral lot coves ere uirements of the arent zone shall a 1 to the entire ro get site. in addition, the general lot cover-a- rer��rire tents of the parent 7-one rh-ll also he complied with for the entire project site. f—ri{Va4LL.mil i�.a 5. Setbacks. a. Exterior Setbacks. Manufactured housing sites along the exterior boundary of the court shall have the same setbacks as required in the parent zone, and no less than a minimum of five(5)feet from a property boundary line. b. Interior Frontr-d Setbacks. Interior setbacks for manufactured housing sites or lots shall comply with applicable building code and fire code separation Standards.There s hall he a fro nt yard- nn earh nanufaiired home 11 or enac c. Encroachments. Porches decks and similar ORDINANCE NO. 3296 Page 27 of 50 appurtenances may encroach into required interior setback areas, Provided they comply with all applicable building and fire code requirements. 6. Street Standards. Public streets shall comply with the design standards contained in Cchapter 18.4.6. Private streets shall be constructed a minimum of 20 feet in width, consisting of a minimum 16-foot paved vehicular travel lane and con-struct-p- ..to an separated pedestrian walkway of at least four feet in width meeting the same standards as specified for requirements of subsection 18.2.3.180.D.7, or an alley-18- foot paved shared street designed to accommodate both vehicles and pedestrians.A private street -may be a dead-end strPat nn mare than2nn ft-pt in depth from a higher order road.Adequate If the road is 150 feet or greater, adequate turn-around shall be provided according to standards established by the Planning Commission applicable fire code. 7. Sidewalk Standards. Every manufactured housing development shall have a permanent pedestrian walkway at least 48 inches wide within public rights of way. Private streets must be ADA compliant when connecting all manufactured housing units to public or private streets, common open spaces, parks, and commonly owned buildings and facilities. connecting-all rnanufac I red hous;ng units tG public or private streets-i 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, including 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 occupied by paved roadways, pathways, parking areas, or not occupied by other facilities shall be landscaped.Areas that contain significant natural vegetation may be left in a natural state, if approved on the final landscaping plans. Landscaping and all plantings must comply with wildfire protection standards. b. Manufactured housing oarks located4n-an­!Z-��haU 1!!1 1!1�i i!i!i nts4ocated4n-the4t-2 zone shall have 35 percent of the entire site landscaped. ORDINANCE NO. 3296 Page 28 of 50 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 providea DliDiDlunn of five | percent of the total lot area in connrnVn open space. supplemented with outdoor amenities such as benches,water features, a children's play structure, garden, or a fenced dog run. 12. Community Serving Buildings. Community-serving buildings are intended to support the daily needs of residents of a manufactured housing development and to enhance on-site services,social interaction, and management functions without altering the primarily residential character of the development. Non-residential community-serving buildings may be permitted within a manufactured housing development, although such buildings shall be accessory to and primarily serve residents of the development. ,, ht within a Manufactured_Dwellring Park. Resident sgryjng-ujgajnd4djn& a, Manager or administrative office! b. Clubhouse or community building; c. Resident gathering spaces, including facilities for extreme weather shelter(e.g., heat, smoke, or similar events); d. Laundry facilities, e. Recreation and wellness facilities (e..g., fitness room,game room, or librar f. Shared communjtyAftc�����e; g. Resident storage, maintenance, and operations buildings; h. Mail and package facilities: 2. ii. Childcare facilities and childcare centers, which may serve park residents other than childcare, may be permitted subject to a Conditional Use Permit pursuant to AMC 18.5.4r including retail,general office, professional or personal service offices food service(e.g., caffl, and personal services. 3. Scale Limitation.The combined gross floor area of all uses authorized under this section. whether permitted outright or approved through a Conditional Use Permit. shall not exceed the greater of: a. 100 square feet per unit;or b. 2,500 square feet of gross floor area. 4. Compatibility. Uses shall be subordinate to and compatible with the residential character of the park. Conditional uses shall demonstrate compliance with AMC 18.5.4. S. Outdoor seating, play areas, orgathering spaces associated with community- serving uses shall be integrated into the site's open space and pedestrian network. 12. P if the manufactured housing development --c-C-01mirno-d—ates; children less than 14 years of age, a separate general play a- -a a im... ium of 2,500 square feet in size, or 100 square feet of play area per unit,whichever is greater, shall be rovided. E. Manufactured Housing Unit Standards.All manufactured housing units located in approved manufactured housing developments shall comply with all of the following requirements. 1. Manufactured housing units shall not be subject to a maximum floor area requirement. For the purposes of densification, manufactured housing units with a floor area of 500 square feet or less shall be counted as one-half(0.5) of a dwelling unit. h4an-factured h hall hp a minimum nf 6 0 square feet in %;izp Manufact-md hou 11 h® at IP;I%t 12 fPPt saririn 2.3 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 ORDINANCE NO. 3296 Page 30 of 50 manufactured housing unit has a valid insignia of compliance and has not deteriorated beyond an acceptable level of compliance. 3.4 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 accepted engineering design standards, as approved by the Building Official. 4.S. Manufactured housing units shall be provided with City water, sewer, electricity, telephone, and storm drainage, with easements dedicated where necessary. 5.6. Manufactured housing units shall comply with the thermal envelope requirements for heat loss required by the building code for single-family detached homes. 7. Manufactured housing unitr. nh all hairp a dprk or- patio area adjacent to the hom The deck er patio shall be constructed of a permanent material and shall be at leas 90 square feet in size,with a minimiymU idth of eight feet in its least dimension..........._... Af 6. Notwithstanding the above, any manufactured home legally located within the Ashland Urban Growth Boundary prior to July 1, 1990, maybe relocated to an approved manufactured home development, subject to a fire and life safety inspection 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 accessory buildings in this chapter. 2. No manufactured housing unit shall be stored on a public street except for temporary maneuvering purposes. 3. For temporary occupancy of a manufactured 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, manufactured housing development and an ORDINANCE NO. 3296 Page 31 of 50 individual manufactured housing unit utilized for living purposes 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 development or upon individual manufactured housing units. 2. No nonconforming manufactured housing development shall be enlarged, remodeled, or modernized except in conformance with all requirements of this chapter; however, enlargement, remodeling, or modernization of an area of less than two acres may be approved through the conditional use permit procedure contained in this ordinance. a. Phased ditionall use ermit review for a nonconformine manufactured housin develo rnent the a licant ma re nest approval of phased or partial cam fiance with current standards where full compliance would result in oranartionate impact. b. Review Criteria. In evaluating such a request,the decision-making body shall consider: L The extent to which the proposal improves the health, safety, and habitability of the manufactured housing development; H. Whether the proposed improvements represent a reasonable progression toward conformance with this chapter; Hil. The documented proportionate impact of requiring full compliance at the time of application; and iv. Whether the proposal avoids expanding or intensifying the nonconforming aspects of the development. ORDINANCE NO. 3296 Page 32 of 50 V. circulation, and emergency egress in a manner consistent with applicable fire code requirements and eme�gency response needs. Whether the proposal maintains or improves fire apparatus access, c. Limitations.Approval under this subsection shall not � permanently exempt the � development from future compliance with this chapter. � ` 3. No manufactured housing unit shall be located 0l the site of, gr substituted for, 8 nonconforming manufactured housing unit, the use Vfwhich has been discontinued, except within amanufactured housing development holding a certificate ofsanitation i5SU2d by the Board of Health, State of Oregon, issued prior to the effective date ofthis chapter. Relocation of existing units within the Ashland Urban Growth Boundary is exempted as provided insubsection . 4. If nonconforming manufactured housing development holding @ certificate of sanitation issued by the Board of Health, State ofOregon, ceases operation for @ period of six months or rnore. said development shall be considered abandoned and shall be [eiOsLi1UL2d only in conformance with the requirements of this chapter. H. For the mitigation Ofadverse impacts, the City may impose conditions, including, but not limited to, requiring view-obscuring 5h[Ubbery,walls, or fences, and [2qV|[|Og retention Of specified trees, rocks,water ponds O[courses, nr other natural features. (Uni.322g §3.amended, 1Z/1g/20Z3; Ord. 31D1 §4^amended, 11/17/I820 SECTION . AMC 18.3.9.020, Applicability, is hereby amended as follows: 1 ��,�,�,R�0 �[]C�|`���'^|`fx ' - - - ---- Applicability ''-� Developments exercising the Performance Standards option, including developments that are required 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 j8.2� andoiherSt��dard�assped���||» provided by this chapter. The | Performance Standards option may beused tO divide residential and non-residential zoned land, �. V77h,- x If a r s r CI I-' 6 S ` i r it r t r l Figure 18.3.9,020. Performance Standards Option Overlay SECTION 6.AMC 18.3.9.030, PSO Overlay, is hereby amended as follows: 18.3.9.030 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 ORDINANCE NO. 3296 Page 34 of 50 undeveloped nature of the property, sloping topography, or the existence of vegetation or natural hazards, are more suitable for development under Performance Standards. B. Applicability.,This chapter applies to properties 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 Performance 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 guidelines 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 occur from development to the maximum density allowed 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 or as a manufactured housing development consistent with the standards in sections 18.2.3.090. and 18.2.3.180 . (Ord.3147§6,amended, 1112112017) SECTION 7. AMC 18.3.9.040, Review Procedures and Criteria, is hereby amended as follows: 18.3.9.040 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 subsection 18.3.9.040.A. 1. Application for outline plan approval. ORDINANCE NO. 3296 Page 35 of 50 2. Application for final plan approval. Permitting and guarantees for public improvements, including bonding, and the creation of common 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 subsection 18.3.9.040.13.4. For developments of ten or more lots, other than manufactured housing developments or cottaize housing developments, prior outline plan approval is mandatory. 1. Review Procedure.The Type 11 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 performance standards subdivision outline plan application submittal: a. A topographic map showing contour intervals of five feet. b. The proposed land uses and approximate locations of the existing buildings to be retained, the proposed structures on the site, the proposed and existing property lines and easements on the site, and existing buildings, structures, and trees greater than six inches in diameter measured at breast height on the properties adjacent to the site, and all buildings within 160 feet of the site boundaries. c. The locations of all proposed thoroughfares,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 watercourses and areas subject to flooding. ORDINANCE NO. 3296 Page 36 of 50 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 maximum height of improvements, including solar access and view protection where required. k. Elevations of typical proposed residential structures. Elevations should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hardware for heating and cooling. I. A written statement containing an explanation of: i. The character of the proposed development and the manner in which it has been designed 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, common buildings and private drives and driveways. v. The proposed time schedule of the development. vi. The findings of the applicant showing that the development meets the criteria set forth in this ordinance and the Comprehensive Plan. 3. Aoproval 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 provided 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. ORDINANCE NO. 3296 Page 37 of 50 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 common open space, common areas, and unbuilclable 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 developments 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 requirements may be satisfied by public open space in accordance 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 development, 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 11 procedure shall be used, and the criteria for approval of an outline plan shall also be applied. ORDINANCE NO. 3296 Page 38 of 50 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 performance standards subdivision final plan application submittal: a. A topographic map showing contour intervals of five feet. b. Location of all thoroughfares and walks, their widths and nature of their improvements, and whether they are to be public or private. 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, dedicated, 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. ORDINANCE NO. 3296 Page 39 of 50 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 envelopes for all proposed lots,which show the area and maximum height of improvements, including solar access and view protection where required. 1. Elevations of typical proposed residential structures. Elevations should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hardware 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 subdivision, 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. Final plan approval shall be granted upon finding of substantial conformance with the outline plan.This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance 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 approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. ORDINANCE NO. 3296 Page 40 of 50 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 resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the street standards. h. Nothing in this section shall limit reduction 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 approved final plan shall follow a Type I procedure in section 18.5.1.050 and be reviewed in accordance with the above criteria. (Ord.3191 § 16, amended, 11/17/2020) SECTION 8. AMC 18.5.8.050, Annexation Standards, is hereby amended as follows: 18.5.8.050 Approval Criteria and Standards An application for an annexation may be approved if the proposal meets the applicable criteria in subsections A through H below,The approval authority may, in approving the application, impose conditions of approval consistent with the applicable criteria and standards, and grant exceptions and variances to the criteria and standards in this section in accordance with subsection 1. ORDINANCE NO. 3296 Page 41 of 50 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 Department; urban storm drainage as determined by the Public Works Department can and will be provided from the annexed area. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities.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 provided to serve the annexed area. For the purposes of this section,"adequate transportation"for annexations consists of vehicular, bicycle, pedestrian, 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 applicable City half-street standard.The approval authority 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 improved to City standards unless exception criteria apply. Where future street dedications are indicated on the Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation, safe and accessible bicycle facilities according to the safety analysis and standards of the governing jurisdiction of the facility or street(e.g., City of Ashland,Jackson County, Oregon Department of Transportation) exist, or can and will be constructed. Should the annexed area border an arterial street, bike lanes shall be ORDINANCE NO. 3296 Page 42 of 50 constructed along the arterial street frontage of the annexed area. Likely bicycle destinations within a quarter of a mile from the annexed 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 assessing the impact of the development proposed concurrently with the annexation. 3. For pedestrian transportation, safe and accessible pedestrian facilities according to the safety analysis and standards of the governing jurisdiction of the facility or street(e.g., City of Ashland,Jackson County, Oregon Department of Transportation) exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side of all streets bordering on the proposed annexed area. Sidewalks shall be provided 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 require sidewalks,walkways or multiuse paths to be constructed and connect to either or both the existing system and locations with significant pedestrian 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 require construction of transit facilities, such as bus shelters and bus turnout lanes. 5. Timing of Transportation lLnprovemm�ents.All required transportation improvements shall be constructed and installed in accordance with subsection 18.4.6.030.A. F. For all residential annexations, except manufactured dwelling parks, a plan shall be provided demonstrating that the development of the annexed area will ultimately occur at a minimum density of 90 percent of the base density 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. Manufactured Dwelling Parks.Annexed manufactured dwelling parks shall not be required to comply with minimum density standards applicable to other residential development, provided that the manufactured home park is developed and maintained at a density not exceeding 18 dwelling units per acre. ORDINANCE NO. 3296 Page 43 of 50 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 unbuilclable lots, parcels, or portions of the annexed area such as existing streets and associated rights-of-way, railroad facilities 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 and G.8, 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 provided 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 annexed area for the purpose of calculating the total number of affordable units in this section shall exclude any unbuildable lots, parcels, or portions of the annexed area such as existing streets and associated rights-of-way, railroad facilities and property,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 households 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 households 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 applicant may provide title to a sufficient amount of buildable land for development complying with subsection 18.5.8.050.G1.b, above, through transfer to a non-profit(IRC 501(3)(c))affordable housing developer or public corporation created under ORS 456.055 to 456.235. ORDINANCE NO. 3296 Page 44 of 50 a. The land to be transferred shall be located 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 extended 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) organization, 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 accordance with this subsection shall exempt the project from the development schedule requirements set forth in subsection 183.8.050.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 market rate units within the residential development.This provision is not intended to require the same floor area in affordable units as compared to market rate units.The minimum square footage of each affordable unit shall comply with the minimum 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. 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 ORDINANCE NO. 3296 Page 45 of 50 Unit Type Minimum Required Unit Floor Area (Square Feet) 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 issuance 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 constructed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the affordable 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 market rate units with regard to floor area, interior finishes 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 related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. 6. Exceptions to the requirements of subsections 1 8.5.8.050.G.2th rough 1 8.5.&050.G above, may be approved by the City Council upon consideration of one or more of the following: ORDINANCE NO. 3296 Page 46 of 50 a. That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter,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 local, state, or federal affordable housing standards or financing limitations. 7. The total number of affordable units described in this subsection shall be determined by rounding up fractional answers to the nearest whole unit.A deed restriction or similar legal instrument 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 affordable for-purchase housing. 8. Manufactured Dwelling Parks.Annexations consisting solely of a manufactured dwelling park shall be exempt from the affordable housing requirements of subsection 18.5.8.050.G, including but not limited to the requirement that 25 percent of the base density be provided as affordable housiirt . H. One or more of the following standards are met: 1. The annexation proposal shall meet the requirements of subsection 18.5.8.050.8, above. 2. A current or probable danger to public health exists within the proposed area for annexation due to lack of full City sanitary sewer or water 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 inadequate within one year. 4. The proposed area for annexation has existing City water or sanitary sewer service extended, connected, and in use, and a signed consent to annexation agreement has been filed and accepted by the City. ORDINANCE NO. 3296 Page 47 of 50 5. The proposed area for annexation is an island 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 section 18.4.6.020.8.1, Exceptions to the Street Design Standards, or chapter 18.5.5,Variances. (Ord.3204§3,amended, 1212112021) SECTION 9.AMC 18.6.1.030, Definitions, is here-by amended to revise and add the following definitions: Dwelling. A structure conforming to the definition of a dwelling under applicable building codes and providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar. For the purposes of this title, the following types of dwelling units are defined as follows: - Manufactured Dwelling. A residential trailer,mobile home,or manufactured home. - Prefabricated Dwelling. A prefabricated structure,as defined in QRS 455.010,that is designed for residential occupanc�r in accordance with Ashland's building regulations. Manufactured Dwelling Park. Any place where four or more manufactured dwellings,prefabricated dwellings,o recreational vehicles are located within 500 feet of one another on a lot,tract,or parcel of land under the some ownership,the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.A manufactured dwelling park does not include a lot or lots located within an approved subdivision being rented or leased for occuDanev by one manufactured dwelling Der lot. The terms"Manufactured Home Park,""Manufactured Housing Development,"and ORDINANCE NO. 3296 Page 48 of 50 "Manufactured Dwelling Park"shall be considered synonymous for purposes of this Code unless specifically stated otherwise. man,dart,-rpd homes occupied- fa-r d-we"i won= Proportionate Impact. A relationship where the effect, cost, or mitigation of an action is directly scaled to its cause, ensuring fairness and equitk Recreational Vehicle nr Tr-avel Trailer A vehicular type unit certified by the manufacturer as complying with ANSI A119.2, ANSI A119.5,NFPA 1192,or successor standards,and primarily designed as temporary living quarters for recreational,camping,seasonal,or travel use,which either has its own motive power or is mounted on or towed by another vehicle.A self-propelled or tourable mobile i nit 11sed for temporary dweffing purposes by +ravro _rres SECTION 10. 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 11. 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 ��( p ; e, , 2026, and duly PASSED and ADOPTED this '�, day of '� 12026. SIGNED and APPROVED this day of 01 j 2026. ATTEST: ORDINANCE NO. 3296 Page 49 of 50 NlissAIR a Ko dzinski, City Recorder Tonya Gr am,Mayor Reviewed as VI ::D Jo Teti , City Attorney ORDINANCE NO. 3296 Page 50 of 50