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Home My WebLink About2000-0321.FINDINGSBEFORE THE ASHLAND CITY COUNCIL March 21, 2000 Interpretations of Various Sections Of the Ashland Land Use Ordinance As Provided in Section 18.108.160 (Planning Action 2000-008) ) ) Findings, Conclusions, ) and Decision ) RECITALS: A. The procedure for the adoption of interpretations of the Ashland Land Use Ordinance (ALUO) (Title 18 of the Ashland Municipal Code (AMC)) is set forth in AMC § 18.108.160. B. The planning commission held a public hearing on January 11, 2000, at which time persons appeared and statements were given and exhibits were presented regarding the proposed interpretations. The planning commission made recommendations regarding the interpretations and forwarded those recommendations to the council as provided in AMC § 18.108,160. C. This council held a public hearing on January 18, 2000, at which time persons appeared and statements were given and exhibits were presented regarding the proposed interpretations. D. Section 18.108.160 states that any interpretation of the land use ordinance shall be based on the following considerations: 1. The Comprehensive Plan; The purpose and intent of the Land Use Ordinance as applied to the particular section in question; and 3. The opinion of the City Attorney. E. The Council incorporates the staff reports, minutes of the meetings, and exhibits submitted as part of this action. DECISION: The issues proposed for interpretation and the Council's decision are as follows: PAGE 1-FINDINGS FOR ORDINANCE INTERPRETATIONS 1. Is a public golf course a public recreational facility as that term is used in ALUO 18.20.020.E? This section allows as a permitted use in the R-1 zone: "Public schools, parks, and recreational facilities." The council interprets public recreation facility as used in this section as including a public golf course. There was no opposition to this interpretation. Is a driving range in conjunction with a public golf course an outright permitted accessory use to a public recreational facility in ALUO 18.20.0207 The R-1 zone permits uses outright as follows: "Permitted Uses. The following uses and their accessory uses are permitted outright:" An accessory use is defined in ALUO § 18.08.020 as a "use incidental and subordinate to the main use of the property." The council interprets accessory use as including a driving range that is located on a golf course. Specifically, the council finds that the primary use of the majority of the area of a golf facility is for a golf course, and that the driving range area is incidental and subordinate to that of the course. Are planning staff responses to questions regarding the intent or meaning of the ALUO proceedings which constitute a planning action as that term is defined in ALUO 18.08.5957 A "planning action" is defined in ALUO § 18.08.595 as a "proceeding pursuant to this ordinance in which the legal rights, duties or privileges of specific parties are determined .... "The council interprets this section as not including staff responses to questions regarding the ALUO. Such questions or responses are not "proceedings" recognized under the ALUO. Specifically, the council finds that a planning action is initiated by an application, and that since no application is required for citizens to ask questions of the planning staff as to certain uses of property, such an inquiry is not a planning action. Does the term "structure" as defined in ALUO 18.08.750, include poles or posts, standing by themselves or connected to each other by fencing, netting or utility wires or cable? The council interprets the word "structure" as used in this section as not including poles or posts, standing by themselves or connected to each other by fencing, netting or utility wires or cable. PAGE 2-FINDINGS FOR ORDINANCE INTERPRETATIONS Arguments were raised that all items which are constructed or assembled of different parts must be considered structures under this definition. The council finds that the intent of the definition in the ALUO was not that it be interpreted identically to the definition for structures in the building code. The intent of the land use code is not to regulate every structure so defined under the building code as a basis for a planning action under the ALUO. All structures cannot and should not be regulated. Because building permits may be required for certain construction projects that would not be defined as "structures" in the ALUO, building code requirements would still require compliance with the building code. Does the definition of height of buildings in ALUO 18.08.290 apply to the poles or posts described above? The measurement of height is provided in the ALUO in § 18.08.290: "Height of buildings. The vertical distance from the 'grade' to the highest point of the coping of a fiat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof." The council finds that the height restriction does not apply to poles or posts, because they are not structures under the ALUO as explained in the interpretation immediately above. A building has the same definition of a structure. See ALUO § 18.08.750. The height restrictions also do not apply to poles or posts because height under § 18.08.290 is to be measured at the roof. Since poles or posts have no roofs, it is impossible to apply the definition. An argument was raised that the City was not reviewing the proper section of the code, and that section 18.20.040.E of the ALUO regulated height. That section reads: "Maximum Building Height: No structure shall be over thirty-five (35) feet or two and one-half (2~) stories in height, whichever is less." For the reasons expressed in the paragraph immediately above, the council interprets this section as not applying to poles or posts, whether connected or not. Does the term "driving range" in ALUO 18.20.030.E apply to a driving range which is an accessory use to a golf course? This section provides that the following uses are conditional uses: "Recreational uses and facilities, including country clubs, golf courses, swimming clubs and tennis clubs; but not including such intensive commercial recreational uses as a driving range, race track or amusement park." PAGE 3-FINDINGS FOR ORDINANCE INTERPRETATIONS The council interprets this section as not applying to a driving range which is an accessory use to a golf course. The council interprets "driving range" as used in this section as meaning a driving range that is not in conjunction with a golf course. This section is to be interpreted as meaning a driving range that is a use by itself, i.e. a stand alone, intensive commercial activity. In addition, the council distinguishes this section from the section interpreted in question one above. This section (§ 18.20.030.E) refers to recreational uses and facilities that are not public as opposed to § 18.20.020.E, which refers to public recreational uses and facilities. The references in § 18.20.030.E to a driving range is to be interpreted as applying to a private driving range. Is a vending machine of golf balls or other products, or is a vehicle with attachments, such as to mow lawns or retrieve golf balls, "mechanical equipment" within the meaning of ALUO 18.08.4857 The council interprets this section as not including vending machines and vehicles to mow lawns or retrieve golf balls within the term mechanical equipment as used in § 18.08.485. This section defines "mechanical equipment" as including "heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices." The council finds that vending machines, lawn mowers or ball retrievers are clearly different and distinct from "mechanical equipment." How is square footage measured as used in ALUO '18.108.030.A.6 when a structure is unenclosed or has no roof or floor? Section 18.108.030.A.6 requires a site review for an addition "less than 2,500 square feet .... "The council determines that a structure that is unenclosed or has no roof has no floor area and therefore no square footage. Such a structure is not subject to 18.108.030.A.6. Is outdoor lighting a use as defined in ALUO 18.08.810 and is it subject to a planning action or any permit or approval under the ALUO? The council finds that outdoor lighting is not a use defined in the ALUO and is not subject to a planning action or approval under the ALUO. Lighting in and of itself is not a "use" as defined in ALUO 18.08.810, but rather is equipment that is supportive of a use. PAGE 4-FINDINGS FOR ORDINANCE INTERPRETATIONS 10. How is "direct illumination" to be interpreted in ALUO 18.72.1407 The council deferred action on this interpretation to a future date. APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 21, 2000. Mayor Catherine Shaw PAGE 5-FINDINGS FOR ORDINANCE INTERPRETATIONS