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HomeMy WebLinkAbout2052 Replacing AMC 17 & 18 Repealed by 3105ORDINANCE NO.~ AN ORDINANCE OF THE CITY OF ASHLAND REPLACING IN THEIR ENTIRETY THE PROVISIONS OF TITLE 17 AND 18 OF THE ASHLAND MUNICIPAL CODE, THE ZONING AND SUBDIVISION REGULATIONS OF THE CITY OF ASHLAND. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 1318 as amended and Title 17 relating to Subdivisions, and Ordinance No. 136~ as amended and Title 18 relating to Zoning, shall be replaced in their entirety as set forth in Exhibit "A" attached hereto and made a part hereof, ex- cept as set forth in Exhibit "B" attached hereto and made a part hereof. SECTION 2. Section 3 of Ordinance No. 1943~and Section 4.14.030 of the Ashland Municipal Code shall be amended to read as follows: "4.14.030 Filing Fees. At the time of submitting the r~quired applicat~0n, a filing fee shall be submitted as required in Section 18.108.060 of the Municipal Code." SECTION 3. Section 4 of Ordinance No. 1943~ and Section 4.14.040 of the Ashland Municipal Code shall be amended to read as follows: "4.14.040 Public Hearing. Public hearings shall be held as set forth in Section 18.108.080 of the Municipal Code." SECTION 4. Section 1 of Ordinance No. 2019~' and Section 14.04.040(A) Of the Ashland Municipal Code shall be amended by amending the first two lines thereof to read as follows: "A. When water main is provided by subdivider pursuant to Chapter 18.80:" SECTION 5. Section 2 of Ordinance NO. 2019~ and Section 14.08.025(A) of the Ashland Municipal Code shall be amended by amending the first three lines thereof to read as follows: "A. When sewer trunk line is provided by subdivider pursuant to Chapter 18.80, (outside of subdivisions only):" SECTION 6. Section 4 of Ordinance No. 2012, and Section 15.04.095 of the Ashland Municipal Code shall be amended to read as follows: "15.04.095 ~.uildin~ Permi.ts Required Street Dedication~, In issuing building permits for proposed buildings, dedication of abutting streets shall first be made to the City of Ashland as follows: A. Dedication of Streets -- Public Need. Whenever a property owner requests a building permit, land partition or subdivision approval, and such proposed use of the land or division of the land causes a public need for increased street right of way, the property owner shall dedicate such additional right of way to the City of Ashland before approval is given to his subdivision, -1- land partition or application for a building permit. In determining public need the following factors shall be considered. 1. Accommodation of increased traffic generated by the development. 2. The ability to provide traffic circulation to neighbor- ing properties in order to make the most economic use of land, thereby fulfilling the intent of the City Com- prehensive Plan and State Planning Goals. 3. The health, safety, and welfare of future residents of the area, if the area is developed ~hrough flag partitions or other piecemeal, irregular means, causing inadequate access. 4. Such other factors as may be found relevant during con- sideration of a particular application. Bo Dedication of Streets -- Width established. Whenever a property owner requests approval o~ a land partition, sub- division or building permit, and his property abuts on a street shown on Exhibit "A" attached to Ordinance No. 2012 which is hereby incorporated herein, and the street at that location is not dedicated to the widths required by Section 18.80o020(B) of this Code, approval of his application shall only be granted after the property owner has dedicated such required additional right-of-way to the City of Ashland. For purposes of this Section, all streets not designated on Exhib- it "A" as arterials or collectors, shall be designated as minor streets. C. Dedication of Streets -- New Streets. Whenever a property owner requests approval of a land partition, subdivision or building permit, and his property abuts on a planned street which has been adopted by resolution of a Planning Commission as a part of a precise street plan for an area, approval of his application shall only be granted after the property owner has dedicated such required right of way to the City of Ashland. D. Setbacks. All setbacks required under Title 18 of this code shall be measured from the new right of way line estab- lished pursuant to subsections A through C, above." SECTION 7. Section 15.04.190(B)(3) of the Ashland Municipal Code shall be amended by changing the reference therein to Chapter 17.28 to "Section 18.80.060 of the Municipal Code." SECTION 8. Ordinance No. 1433~and Chapter 15.32 of the Ashland ~uni- cipal Code are hereby repealed. SECTION 9. Severabi]ity. It is hereby declared to be the legis- lative intent of the Council that if a provision, sentence, clause, section or part of this ordinance is held illegal, invalid or uncon- stitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the ordinance, or their application to other persons and circumstances. -2- The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the ~z~ day of ~-~%~, 19~ and duly PASSED and ADOPTED this /~ day of ~F~ , 19~. ATTEST: Nan/ E. Franklin City Recorder - Treasurer SIGNED and APPROVED this----~tday of ~.~f~, 197~. Gar~~Pricket.tI -- Mayor --3-- EXHIBIT "B" 1. Add Section 18.08.135 to definitions to read as follows: "18.08.135 Condominiums. A development providing for individual ownership of units or airspace in a multi- unit structure or structures, in which the underlying land and/or structures are held under joint dominion." 2. Add Section 18.08.305 to definitions to read as follows: "18.08..3.05 Home-Oriented Commercial Activities. The operation of ~mall'"loca'l-convenience businesses within the Railroad District as identified by the Ashland Historic Con~nission and approved by the City Council. Such businesses may include grocery stores, barber and beauty shops and similar uses, provided the resi- dential character of the property is maintained and no additional off-street parking shall be required." Amend Section 18.20.040(D) in fifth line to remove comma between the words "design" and "features". Add a sentence to Sections 18.20.040(D), 18.24.040(D) and 18.28.040(D) to read: "The Planning Commission shall adopt guidelines to be used by the Staff Advisor in administering the 50% decreases in the standard yard requirement, which shall give due consideration to the protection of solar access." Amend first sentence of Section 18.24.030(I) to read: "Retail Commercial Uses located in a dwelling unit, within the Railroad District as identified by the Ashland Historic Commission and approved by the City Council." Amend Section 18.24.030 and 18.28.030 by adding new subsections to be designated "J" and "I" respectively, to read: "Condominiums and condominium conversions of rental units, subject to a demonstration of public need and lack of detrimental effect on the supply of rental units or land for such units." Delete subsection (D) from 9 i~, l? ~?_??? __L~Section 18.44.030. Delete subsection (D) from Section 18.48.020. Amend subsection (A) of Section 18.48.030 to change second to last word in first line to "structure". -1- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Amend subsection (A) of Section 18.60.050 to read: "A. The City may top any tree which is in excess of those maximum heights listed in Sections 18.60.020, 18.60.030 and 18.60.40, or locate appropriate lights or markers on those trees as a warning.to the operators of aircraft." Amend subsection (C) of Section 18.68.010 to read: "C. The height of fences and walls in rear yard setback areas abutting a public street shall be 48 inches or less if said fences or wall are within 10 feet of the public street right of way." Amend subsection (G) of Section 18.76.060 by changing the words "City Recorder" in first line to "Planning Director". Amend Section 18.80.020 by adding to subsection (B) (2) the follow- ing sentence: "In the event the Planning Commission shall require a street standard other than the basic standard, the recommendation of the Planning Commission shall be forwarded to the City Council for final approval." Amend subsection (D) (2) of Section 18.80.020 by revising the first sentence to read: "Each lot shall abut upon a street, other than an alley, for a width of at least forty (40) feet, except in the case of lots located upon the curved portion of cul-de-sacs or knuckles, or in the case where topography warrants a narrower width." Amend subsection (E) of Section 18.80.050 to change all references from "City Engineer" to "City Surveyor". Amend subsection (F) of Section 18.80.050 to change reference in third line from "City Recorder" to "City Engineer." Amend subsection (G) (2) of Section 18.80.050 to change both references to city officials to "City Engineer". Amend subsection (A) (5) of Section 18.80.060 to change refer- ence from "City Administrator" to "City Engineer". Amend subsection (C) of Section 18.84.040 to change reference from "City Building Inspector" to "City Building Official". Amend the first sentence of Section 18.88.020 to read: "PUD development may be in the form of a m~x of use types (single-family, duDlex, multiple-family), or one may predominate. Commercial uses permitted in the C-5 District may be incorporated to serve the immediate area." Delete the second sentence of Section 18.88.030. Amend subsection (K) of Section 18.96.040 by adding the words: "and the Railroad District as identified by the Ashland Historic Commission and approved by the City Council." -2- 23. Amend Section 18.96.040 by adding new subsections (L) and (M) to read as follows: "L. No Bulletin Boards shall be permitted. M. No Murals shall be permitted." 24. Amend last two lines of Section 18.108.060 to read: "Appeal from CoIm~.ission or Hearings Board decisions $50., all but $10. of which is refundable if appeal is successful." 25. Amend "Guidelines to be used for requiring conditions" under Chapter 18.72 relating to Site Review, to require report from State Watermaster if existing irrigation ditches are located upon or adjacent to the subject propert~ as to the effect the development may have on such irrigation ditches. 26. Add a new Chapter 18.6~o provide for an Ashland Creek Greenway Overlay District to read: "Chapter 18.6~ ASHLAND CREEK GREENWAY OVERLAY DISTRICT Sections: 18.6~.010 Purpose 18.6~.020 Permitted Uses. 18.6~.030 General Regulations 18.6~.010 Purpose. This overlay district is intended to be applied to properties along Ashland Creek which lie within areas designated by the Federal Flood Insurance Study for the City of Ashland subject to flooding, labeled AO or AH Zone on the Flood Insurance Rate Map (FIRM); or to areas designated as Open Space along Ashland Creek on the City Comprehensive Plan. 18.6~020 Permitted Uses. Permitted uses in floodplains shall include all uses per- mitted in the parent zone subject to the provisions of Section 15.04.250. B. Permitted uses in floodways shall include only recreational uses, 18.6R.030 General Regulations. Before a building permit may be issued in the floodplain, site review and approval shall be required pursuant to Chapter 18.72, with particular emphasis given to the retention of natural feat- ures including streambed, vegetation and rocks. A conditional use permit shall be required for the excavation or placement of fill material in the floodplain or floodway or for the removal of rocks, or trees over six inches in diamefer." -3- LAND USE ORJIN:\,xCE 18.04,0~0 18,04 10,08 18,!;! I8.16 18.20 18.24 18.28 18.32 ']8.36 'i8.40 -]8.44 18.48 18.52 18.56 18.60 18.68 16.72 1B.76 18.80 18.84 18.88 18.92 18.96 18.100 18.104 18.108 18.112 Oene. rai Provisi De[initions Districts and Zoning Map R-R Rur'al Residen?ial Distr!ct R-] Sin§lo-Family ResidenlJal Distric~ R.-2 Low Densily Mul'k~Fle-Fam~ly Rssidenti~l District R-3 High Der, s.ity Mu~tipla-Family Residen¢i~! Dis¢ric~ C-1 Retai~ Commercial Districl- 0-2 Do,.mtown Con~no~ c ~ a I D i str i ct C-3 F~eavy Commercial DfsJrici C-4 Tc'.uris'F Comrt,erciai District C- 5 Ne.i ghborhood Comm3rc i a ! D i str[ ct M-~ Light industrial District M-2 Ileavy industrial Disirict A Ai rpor? Overlay . . Genora I Ragu l at Si'/e Rov~ ew Part i 1- i OhS Subdivis;ons Mob i I e Homes Planned tJnit Development Off-Street Parking Sign Regula'l'ions Va r i 8 rices Conditional Use Permits Land Use and Ordinance C;han2e Procedures [~1 f o rcement S._e£ _~j_o_r,_s_: 04,101 I i11~. 04. 020 Purpose j_8_: 04.010 of 1he City. T!t!e, This Title shall be known os i'he "Land Use Ordinance" ,.71 ~.0, for zc, n,nc for slatulory ')rr ,'sions~ enabiina. ~ --f~ir;¢~ 1o z;ma, see ORS o ~ g? . · ~. ~ ~-, ', , -'o s'~-' ,, ~ laling ?o Provl:;ions ?nccally, see u~a ~z/...I(,-.-2,.7.510. For .1~,~. o~ ro [,arfl'l'ton and subdivisio~ , see ORS Chaplet 92. t.an d ,s'q 18.04.0~'.'0-- 1B. 08 ,l_~_.?~_,?_2~,.__Pu__r~se_. The purpose of this ] itle is to encourage the laost appropriate use of land; 1o promx?e orderly growth; to provide adequate '' ' ' ?o and stabilize the w~lue of open space for ~lg!,~ and 81ri ceaserve pro[~rty; to pro~ecV ~md improve the estheNc and visual qualities of the !ivin~ er~virohrnen?; to aid in secucing safety frcm fire and other danger-si ~e facilitD?e adqua?e provisions for maintaining sani?ar~ conditions; provide ~or adequate eccess to propei-'tyl and in general ~o promote public heal'l'h, safety dna the general welfare; all of which is in accordance ~¥~ih and iq impiemen?a~ion of, ~he Comprehensive Plan of 'H~e City of Ashland. ]~_~_O_~._.~]].___Esa__c:j.ment an__d.__E]f__e~c.t_. This Title shall apply to all actions which halo no".. reached the following steps: A. Site r'eview: final approval by Staff Advisor or Commission. Par'tilioning and Subdivision: approval of preliminary plat. C. Planned Uni~ Developments: fiaal approval by Commission. D. Signs: final a~prov~l E. Variances and Conditional Use Permits: Commission approval. F. Zone ~ext or map change: o~dinance enactment. Chapter 18.08 DEFIN IT!ONS 18.06.010 18.08.020 18.08.030 18.08.040 18.08.050 18.08.060 18.08.070 1B.08.080 18.08.0g0 18.08.100 !8.08,110 18.08.120 16,08,!30 18.08.140 18.08.!50 !8.08,I~0 18.08.170 !8.08.180 18.08.190 18.0B.200 18.08.210 18.08.220 18.08.2150 i8.08~240 18.08.250 18.08.260 18.0£.270 Generally Accessory structure or use Agriculture or agricultural use Agricul'!ural structures Airspace obstructions Alley Architectural Projection Block Boarding--rooming house--group home Building line City Commercial, er commercial use Commiss ion Council, or common counc!l Cou~t, inner Coverage, lot or sit'e Day care, or nursery, or kindergarten Development plan District Dwelling, single--family Dwelling~ two family or duplex Dwelling, multiple-family bweliing or dwelling unit Easement Family Garage, privale Caiage sale [.and Use I8,08 18,08,280 18,08,290 18,08,300 18,08,310 18,08,320 18.08.330 18.08.340 18.08.350 18.08.360 18.08.370 18.08,380 18.08.390 18,08,400 18.08.410 18.08.420 18.08.430 18.08.440 18.08.450 18.08.460 18.08.470 18.08.480 18.08.490 18.08.500 18.08,510 18.08,520 18.08.530 18.08,540 18.08,550 18.08.560 18,08,570 18.08. 580 18,08.59 0 t8,08.600 18,08.610 18,08.820 18,08.630 18.08.640 18.08.650 18.08.660 18.08.670 18.08.680 18.08.690 18.08.700 18,08,710 18,08,720 18.08.730 18.08.740 ~8.08.750 18.08.760 18.08.770 18.08.750 18.08.790 Grade Height of building Home occupation Hospital Hotel Industrial, or indust'rial use Kennel Loft Lot area Lot corner Lot depth Lot, flag Lot, interior Lot line Lot line~ front Lot llile~ rear Lot line, side Lot, reversed corner Lot, through Lot width Map Mobile home Mobile home court, park or subdivision Motel Nonconforming structure or use Parking space Partition Partition, major land Partition, minor' land Pedestrian way Person Planned unit development Plat Private way Recreational vehicle or travel trailer Residential, or residential use Secretary Setback Staff advisor Street Street, erterial Street, collector Street, cul de sac Street, half Street, marginal access Street, minor Story Structure or building Structural alteration Subdivid~ land Subdivision Tract, or area, of land Land Use 18.08.010-.-18.08.120 18.08.800 Temporary use 18.08.810 Use 18.08.820 Vision clearance area !8.08.830 Yard 18.08.8~0 Yard, front 18.08.850 Yard, side 18.08.860 Yard, rear 18.08.010 Generally. As used in this Title, the masculine includes the feminine and ihe neuter and the singular includes the plural. 18.08.020 Accessor~ structure or use. A s?ructure or use incidental and subordinate te 'me main use of the property, and which is located on the same lot with the main use. Private garages and carports are accessory buildings when no~ attached to the main building. 18.08.030 A~ricelture ~r a~iricuitural use. The use of the land for crops end tree farming; the tilling of 'l-he soil; the raising of field and tree crops. 18.08.04G ~ricultural structures. Structures intended primarily or exclusively for support of an agricultural function, and exemplified by, but not restricted to: barns, silos, water towers, windmills, greenhouses. 18.08.050 Airspace obstruction. Any structure, tree land mass, or use of land which penetrates a transitional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by' this Title and/or regulations of the Federal Aviation Administration. 18.081060 Alle~. A narrow street, twenty feet or less in width, through a block primarily for vehiclular service access to the back or side of properties otherwise abutting on another street. 18.0~.070 Architectural Pro.iection. Eaves, decorative extensions, bay windows, having no floor space; or' other portions of a building having no living space nor key structural value. 18.08.080 Block. The other than an alley, or subdivision map. land surrounded by streets and other right-of-way land which is designated as a block on any recorded 18.08.090 Boardinq--roomi~q9 house~-g~ home. A dwelling or-part thereof, other than a hotel or motel, where lodging wilh or' without meals is provided, for compensation, for three or more persons. I8.08.100 Buildin~ line. A line on a plat indicating the limit beyond which buildings or structures may not be erected. 18.08.'t!0 Cit~. The City of Ashland, Oregon. 18.08.120 Commerc'ial~ or commercial use. Any activity of goods or services for profit. involving the sale Land Use 18.(3.150-- 8 08 260 18.08.130 Commission. The Planning Commission er Hearings Beard of the City. 18.08.140 Council on common council. The Common Council of the City. 18.08.150 Court, inner. Area upon which any of four dwelling units in opposing (facing) dwellings opens. 18.08.160 Coveraqe~ I~t or site. 'iofat area of all structures, paved drive- ways, or other soil disturbances lhat will not allow normal water infiltra- tion. Tbe coverage is expressed as a per'cenfi]age of such area in relation to the total gross area of the lot or site. Landscaping which does not negatively impact the natural wa7er ne-lention and soil characteristics of the site shall not be deemed part of the loft or- site coverage. 18.08.170 Day care~ or nursery~e~r kindei'~arten. A school or care center housing five or more children fei no more than twelve hours per day where the student-to-staff natio is ten to one or less. 18.08.180 De.velopment ALan. Any plan adopted by fbe Planning Commission for fihe guidance of growth and improvement of the Ciiy, including modifica-- tions or refinements made from time to time. 18.08.190 B. C. D. District. A zoning district. "R" district ndicates any residential zoning district. "C" district ndicates any commercial zoning district. "M" district ndicates any industrial zoning district. "A" district ndicates the airport overlay disfi-ric-~. 18.08.200 Dwellin~ sin~le-f~mily. A detached building containing one dwelling unit. 18.08.210 DwellinR~ two family 9r ~uple~x. A detached building containing two dwelling units. 18.08.220 Dwelling% ~ultiple-+amil_j~. A building containing three or more dwelling units. 18.08.230 Dwell!n_~q~ or dwellinE unit. One or more rooms designed for occupancy by one family and not having n~re ~han one kitchen or cooking facility. For the purpose of this ¥it!e ~he term "dwelling, or dwelling unit" does not include the term "trailer house." 18.08.240 Easement. A grant of ~he right to use a strip of land for specific purposes. 18.08.250 Family. An individual, or two or more persons related by blood, marriage, legal adoption, or guardianship; not more than five persons who are not related by blood, marriage, legal adoption, or guard- ianship. 18.08.260 Garaqe~ private. An enclosed o~ open (carport) roofed accessory structure designed to house vehicles owned by occuoanfi'(s) o~ a re.sidential structure. Land Use 18.08,270--18.08.370 18.08.270 Garage sale. A temporary activity conducted on the premises of a private residence for the purpose of disposal of goods or belongings of the residents of the dwelling. Such actlvi~y shall have a duration of not more than two days, nor shall it occur more than twice within any 365 day period. Such activity shall not be accompanied by airy off-premise advertisement. For the purposes of 1his Title, garage sales shall not be considered a commercial activity. 18.08.280 Grade or Ground Level. The average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk. l~8.~O~.2]~__F[ei~h~.af buildings_. The vertical distance from the "grade" to the highest point of the coping o· a fiat roof or to the deck line of a mansard roof or to the average height of the I~ighest gable of a pitch or hip roof. 18.08.300 Home occupation. An occupakion commonly carried on within a dwelling by members of the family occupying the dwelling, provided that 1ne residential character of the building is maintained and the occupation is conducted in suci~ a manner as not to give an outward appearance nor outwardly manifest any char- acteristic of a business in the ordiiqary rneaning of the term except as permitted in any ordinance regulating signs, nor infringe upon the right of neighboring residents I'o enjoy the peaceful occupancy of their homes. A home occupation does not involve the retail sale of a product or service on the premises other than teaching, luPoring, or counseling involving traffic impact of not more Than one automobile at a time, nor more than eight persons per day. 18.08.310 Hospital. An establishment which provides sleeping and eatin9 facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis. 18.08.320 Hotel. A building in which lodging is provided to guests for- com- pensation and in which no provisions are made for' cooking in the lodging rooms. 18.08.330 Industri~ or industrial use. An activity related to the n~anu- facture, production or storage of product to be transported elsewhere for retail sale. 18.08.3~0 Ke~n~l. Any premises where four or more dogs or cats are kept or permitted to remain, except veterinary clinics. t8.08.350 Lot. A unit of land created by a partition or a subdivision, or a unit or contleguous units of land under' single ownership, which complies with all applicable laws at the ~ime such lots were created. 18.08.360 Lot area. The total horizontal area within the lot lines of a lot, said area to~ exclusive of str~et~rights-of--way. Lo- corner. Iol abutting the intersection of two or more streets 18.08.370 _~o_~ ..... A other than anla!ley. Land Use 18.08.380--18.08.5i0 18.08.380 I_ot depth. The horizonl'al distal~ce from the midpoint of the front lot line to the midpoint of the rear lot line. 18~0.8~]90 Lo,~ flaq. Any lot not having standard legal access to a City s-~reet, and which is provided with access by a driveway parallel to the lot line of a lot having standard access.- 18.08..400 ~t¢ interior. A Ioi other' than a corner lot. 18.08.410 Lot line. The propert-y line bounding a lot. 18.08.420 Lot line~ front. In t-i~e case of an interior lot, the lot line separ- ating the lot fron; the street o-l-her than an alley. A corner lot shall have one street line considered the front lot line. The narrower street frontage shall be the front lot line exce?t when the Staff Advisor determines topographical or access problems make such a designation impractical. 18.08.430 Lot line~ rea~r. A lot line which is opposite and most distant from the front Ioi line, and in the case of an irregular, triangular, or oiher shaped lot, a line ten feet in length wilhin the lot parallel to and at a maximum distance from the front lot line. 18.08.440 Lot lipe_~ side. Any lot line not a front or rear lot line. 18.08.450 Lot¢ reversed corner. A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear. 18.08.460 Lo% through. An inl-erior lot having frontage on two paraIlel or approximately parallel streets other than alleys. Such a lot shall have one front yard fronting on tl~e primary public street. 18.08.470 Lot width. The average (mean) horizontal distance between the side lot lines, ordinarily measured parallel to the front tot line. 18.08.480 Map. A diagram or drawing of a partition or subdivision or any other land use or land development matter. 18,08,490 Mobile home. A building or vehicle which is portable or which was originally designed to be portable and which was constructed or modified to permit occupancy for dwelling purposes. This term shall include self-propelled mobile homes, pickup campers, mobile homes, travel trailers, trailers, and other similar equipment which may be utilized for dwelling purposes. 18.08.500 Mobile home court~ park or subdivision. A plot of ground apon which one or more mobile homes occupied for dwelling purposes are located, regardless of whether a charge is made for such accomodation. 18.08.510 Motel. A building or group of buildings on the same lot containing guest units for rental to transients, with separate entrances directly exterior and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities. Land Use 18.08.520--18.08.650 18.08.520 Nonconforminq structure or use. An existing structure or use law'eu! at the time the ordinance codified in this Title, or any amendment thereto, becomes effective, and which does not conform to the requirements of the zone in which Tt is located. ]~.0~8.530 .P~-kin. q~_spaFe. A rectangle not less than twenty feet long and nine feet wide togetheF with access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle without the necessity of moving other vehicles, said rectangle to be located off of the slreet right-of- way. 18.08,540 Partition. To divide an area or tract of land into three or fewer lots within twelve months. 18.08.550 Partitio~n_~ajor land. A partition which necessitates the creation of e road or street. 18.08.560 Partition~ minor land. A partition that does not necessitate the creai'ion of a road or Street. 18.08.570 Pedestrian way. A right-of-way for pedestrian traffic. ]8.08.580 Person. Ar, individual, firm, partnership, association, corporation, estate, receiver, syndicate, branch of government, social or fraternal organiza- tion, or any other group of combination acting as a legal entity, and including any trustee, assignee, or olher representative thereof. 18.08.590 Planned unit development. A development on land under unified control according to comprehensive plans and a single development plan for uses and buildings related to the character of the district with a program for operation and maintenance of common areas. 18.08.600 Plat. A diagram, drawing or replat containing all ?he descriptions, locations, specifications, dedications, prov!sions, and information concerning a subdivision. 18.08.610 Private way. A private easement or ownership established by deed for vehicular access to property. 18.08.620 Recreational vehicle or travel trailer. A self-propelled or towable mobile unit used for temporary dwelling purposes by travellers. 18.08.630 Residentialz or residential use. Any activity, as contrasted with commercial and industrial activities, which involves the )eaceful, private conduct of pursuits related to the living environment. 18.08.640 Secretary'. The Secretary to the Planning Commission who is the Director of the City Planning Deparmtent. 18.08.650 Setback..The distance between the center line of a street and the special base line setback from which yard measurements are made, measured horizon- tally and at right angles from said center llne. Land Use 18.08.660--18.08.790 18.08.660 Staff advisor. The Secretary or his representative. 18.08.670 Street. A public righ+hef--way for roadway, sidewalk, and utility installation including the terms "road'~, "highway", "land", "place"~ "avenue", "alley", or other similar designations. The entire width between the right-of- way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. 18.08o680 Street~ arterial. A stree~ used primarily for through traffic. 18.08.690 Streetx~ collector. A street used to some extent for through traffic and to some extent for access to ebutfing properties. 18.08.700 Stre_g_et_~_~l de sac. A short dead-end street te. mlnated by a vehicle turnaround. 18.08.710 Street~ half. A portion of the width of a street~ usually along the edge of a subdivision where the remaining portion of the street could be pro- vided in another subdivision. 18.05.7~0 S~t_ree% mar~7~nal access. A minor street parallel and adjacent to a major arterial street providing access to abutt!ng properties but protected from through traffic. 18.08~?30__~treet~_!~ino[. A street intended pri~narily for access to abutting properties. 18.08.740 Stor~. 7hat portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, the basement or cellar shall be considered a story. 18.08.750 Structure or building. 1hat which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on, in, or above the ground or which is attached to something having a location on, in or above ~he ground. 18.08.760 Structural alteration. A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof. 18.08.770 Subdivide land. To divide an area or tract of land into four or more lots within twelve months. 18.08.780 Subdivision. An act of subdividing land or a tract of land subdivided as defined in this secfion. 18.08.790 Tract, or area~ of land. A unit or contiguous units of land under single owl,ership. [.and Usa 18.08.800--18.12.020 18.08.800 Yemperarv use. A short-term, seasonal, or intermittent use. Such use shall be approved by Conditional Use Pemit only, with such condit~or, s as the Commission deems reasonable in accordance with the Condit]onai Use skandards. '18.08.8i0 Use. The purpose for which land or a structure is desi§ned, arranged, or intended, or for which it is occupied or maintained. 18.08.820 Vision clearance area. A triangular area on a lot at the interseclion of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersec?ion of the lot !ines for a distance specified in these regulations. The third side of the triangle is a line across ~he corner of the lot joining 'lhe ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. ~$.08.830 Yard. An open space on a lot which is unobstructed from the groun~ upward. 18.08.8~0 Yard~ fron~. A yard between side lot lines and measured horizoatally at right angles to the front lot line from the froi~t lot line to the nearest point of the building. 18.08.850 Yard~ horizontally and the building. ~]~_. An open space between the front a~d rear yards measured at right angles from the side lot line to the nearest point of .]~uQ~_._8__6~.__~£~z rz~. A yard between side lot lines and measured horizontally at right angles to the rear yard line from the rear yard line to the nearest p~int of the building. Chapter 18.12 DISTRICTS AND ZONING MAP Sect i oas: 18.12,010 18.12,020 18.12.030 1~.12.040 18.12.050 Compliance required. Classification of district. Zoning map. Oistrict boundaries. Similar uses. 18.12.0!0 Com~~liance .requir.ed. No structure or lot shall hereafter be used or' occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this Title. 18.12.020 Classification of districts. For the purposes of this Title, the City is divided into zen. lng districts desigr~ated as follows: land Use 18.12 . 020--18. I6 Zon!n_~ Distr~cts Airport Overlay Residential - Rural Residential - Single Family Residential - Low density mulMple family Residential - High density multiple family Commercia Commercia Commercia Commercia Commercia Industria Indus~ria - Retail - Downtown - Heavy - Tourist -Neig'hborhood - Light - Heavy Map Symbol and Abbreviaied Des ~nation A RR R-1 R-2 R-3 C-1 C-2 C-3 C-4 C-5 M-1 M-2 18.12.030 Zonin~ Ma_~]7_. A. The location and boundaries of the districts designated in Section 18. i2.020 are established as shown on the map entitled "Zoning Map of the City of Ashland," daied with the effective date of the ordinance codified herein, and signed by the Mayor and City Recorder and hereaft=er referred to as the "zoning map." B0 The signed copy of said zoning map shall be maintained on file in the office of the City Recorder and is made a part of this Title. 18.12.040 District boundaries. Unless otherwise specified, dislrict boundaries are lot lines, the center lines of streets, and railroad right-of-way, or such lines extended. If a district boundary divides a lot into two districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary provided the boundary adjust-. merit is for a distance not to exceed twenty feet. 18.12.050 Similar uses. Where a particular' use is not listed as per'mitted or conditional use in a given zone, the Planning Commission may, after appropriate analysis~ determine that the use is similar ~o those listed in type, kind, and function, and therefore properly allocated to that zone. Chapter 18.16 RR RURAL R~SIDENTIAL DISTRICT Sections: 18.16.010 18.16.020 18,16,030 18.16.040 Purpose. Permitted uses. Conditional uses. General [egula~ions. Land Use 18.16.010-.-18. i6.040 18.16.010 Purpose. The purpose of the RR district is fo stabilize and pro~ect the rural residential char'ackeristics of areas which, because of topography, level of services, or other natural or developmental factors are best served by a large lot designation. 18.16.020 Permifted uses. The following uses and their accessory uses are permitted outright. . A. Single family dwellings. B. Agriculture and farm uses, e~cep-i animal sales yards and feed yards, hog farms, and any animals fed garbage. C, Public schools, parks and recreation facilities. D, Residen?ial Pi~nned Unit Developments when authorized in accordance with ~he Chapter on Plenned Unit Development. E. Home occupations. 18.16.030 Conditional u~es. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter' on Conditional Use Permits. A. Churches and similar religious institutions. B. Hospitals, rest, nursing and convalescent homes. C. Parochial and private schools, including nursery schools, kindergarten, and day nurseries; business, dancing, trade technical, or similar school. D. Public and public utility buildings, structures and uses; but not including corporation, storage or repair yards, warehouses, and similar uses. E. Private recreational uses and facilities, including country clubs, golf courses, swimming clubs, and ~ennis clubs, but not including such inffensive c~nmercial recreational uses as a driving range, race track, or amusement park. F. Riding instructions and academies. G. Cemeteries, mausoleums, columbariums, crematoriums. H. Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products, subject to Section 18.68.080 (Commercial Excavation). I. Public and quasi-public halls, lodges, and clubs. 18.16.040 ~neral reRulations. A. Minimum Io~ area: Minimum Io+ areas in the RR zone may be .5, 1, or 2.5 acres, depending on the topographic nature, service availability and surrounding land uses~ and oti~er relevanff characteristics of ftle area. Land Use I{;.16 040.--18. 20, 023 Maximum lot coverage: i. One-half acre lots (RR-.5): twenty percen~ maximum. 2. One acre lots (RR-1); twe!ve percent maximum. 3. Two and one-half acre lots (RR-2.5): seven percent maximum. C. Minimum lot width: All lots shall be at leas~ one hundred feet in wid'lh, D. Lot depth: All lots shall be at least one hundred fifty feet in depth. No lot depth shall be more than three times its width. E. Minimum front yard: There shall be a front yard of at least twenty feet. F. Minimum side yard: There shall be a millimum side yard of five feet, except -fen feet along the side yard facing the street on a corner lot. G. Minimum rear yard: Ti~ere shall be a minimum rear' yard of -fen feet. H. Maximum building height: No structure shall be over fhirty-five feet or two and one-half stories in height, whichever is less. Thls does n,~-? include agricultural sfructures fifty feet or more from any property line. Chapler 18.20 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 18.20,010 18.20.020 18.20.030 t8.20.040 Purpose Permitted uses, Conditional uses. General regulations. 18.20.010 Purpose. The purpose of the R-1 district is to stabilize and profect the suburban characteristics of the district and to promote and encou[age a suitable environment for family life. 18.20.020 Permitted uses. The following uses and their accessory uses are permitted outright: A. Single family dwelling. B. Du?lex on corner lots, provided that no two such uses shall be contiguous, except tha-i this provision shall not apply to any area which has been developed or is part- of an existing subdivision or established platted neighborhood at the time of enactment of this ordinance, Such structures sball be subject to provisions of the Site Review Chapter, Agriculture. D, The keeping of livestock except swine provided thai': Land Use 18.20.020~-~ 18.20.40 1. No livestock shall be kept on any lot less than one acre in area. 2. No more than two head over the age of si~< months may be maintained 3. Barns, stables, and other buiidings and structures to hoase said livestock shall no'~ be located closer than fifty feet to any property Iine. E. Public schools, parks, arid recrea-~ion facilities. F. Residential Planned Unit Developments when authorized in accordance with ~he Ct~apter on Planned Unit Development. G. Honm occupations. 18.20.030 Conditional uses. The fo!l~>wing uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits. A. Churches and similar religious ins~i'lutions. B. Hospitals, rest, nursing, or convalescent homes. C. Parochial and private schools, including nursery schools, kindergartens, day nurseries; business, dancing, trade, technical or similar school. D. Public and public utility buildings, structures, and uses; but not including corporation, storage or repair yards, warehouses, and similar uses. E. 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. F. Off-street parking lots adjoining a C or M district subject to the provisions of the Chapter en Off-Street Parking. G. Public and quasi-public halls, lodges, and clubs. Duplexes on corner lots, subject to provisions of the Site Review Chapter. 18.20.040 General regulations. A. Minimum lot area: Baeic minimum lot area in the R-1 zone shall be 5,000 square feet except 6,000 square feet for corner' lots. R-I areas may be designated for 7,500, or 10,000 sguare foot minimum lot sizes where slopes or other condi- t!ons make larger sizes necessary. Permitted lot sizes shall be indicated by a number following the R-I notaffion which represents allowable minimum square footage in thousands of square feet, as follows: R-1~5 5,000 square feet R-1-7.5 7,500 squa,-e feet R-1-10 10,000 square feet Land Use 18.20~040--18.24 B. Minimum tof widfh: interior lots: Corner lots: All R-1-7.5 lots: All R-i-tO tots: fifty feet sixf¥ ¢ee~ sixty-five feet seventy-,.flve feet C. Lot depth: All lots shall have a minimum depth of eighty feet, and a maximum depth of one hundred fifty feet unless lot configuration prevents further development of the back of fhe IoI. No lot shall have a width greater than its depth, and no lot shall exceed one buHdred fifi'y feet ~n width. D. Standard yard requirement: Yards shall be of sufficient width to allov~ for a distance from property line to building equal 1-o the building height in front and rear yards, and o~e-half the building height for side yards. The Staff Ad~/isor may decrease the standard requirement by up fo 50% (with ~ minimum of three feet) where topography, design~ feafures, or other factors necessitate, and where there will be no significant negative impact on adjacent proper';'y. Yards shall be increased by 40% of the standard equivalent on the northerly side of a lot. Since the standard allows conside:-able design flexibility, variances are strongly discouraged, and should be allo~¢ed only where there are significant and compelling unique exceptional circurnstaFices. E. Maximum building height: No structure shall be over thirty-five feef or two and one-half sfories in he~gi~t, whichever is less. F. Maximum coverage: Maximum lot coverage si~all be fifty percent in all R-1-5 District, forty-five percent in an R-1-7.5 District, and forty percent in R-I*IO District. Sect i on s: 18.24.010 18.24.020 18.24.030 18.24,040 Chanter 18.24 R-2 LOW DENSITY MULI!PLE-FAMI[Y RESIDENTIAL DISTRICT Purpose. Permitted uses. Conditional uses. ¢*sneral regulations. Land Use 18.24.0!0---18.24.030 18.24.010 Purpose. This district is designed to provide an environment suit- able for urban living. The R-2 disfricf is intended for residential uses and appurtenant community services; this district is designed in such a manner that it can be applied to a wide range of areas due fo the range of residential densities possible. In addiction, when appropriately located and designed, pro- fessional offices and small home-oriented commercial activities designed to a~tract pedestrians in the Railroad District are allowed. 18.24.020 Permitted uses. The following uses and their accessory uses are permitted outright: A. Single family dweilin~s and two famiiy dwellings. B. Multi-family dwellings. C. Boarding or rooming houses, O. Home occupations. fraternity or sorohi~y houses, and dormitories. E. Agriculture. F. Public schools, parks, and recreation facilities. G. Nursery schools, kindergarten, and day nurseries. H. Residential Planned Unit Developmen*s when authorized in accordance wi~'h the Chapter on Planned Unit Development. 18.24.030 Conditional uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits. A. Churches and similar religious institutions. B. Parochial and private schools; business, dancing, trade, technical, or similar school. C. Mobile home parks; traveler accomodations, provided that any permit granted for travelers' accomodations shall be for a period not to exceed twelve months, and the app!icant shall be required to present data as to cor, tinuing need prior to renewal of such permif by the F'lanning Commission. The period during which travelers' accomodations shall be allowed shall be specified by the Planning Commission upon granting such permit. D. Public and quasi-public halls, lodges and clubs. E. Professional office or clinic for an aceour, tant, architect, at+orney, dentis% Designer, doctor, or other practitioner of the healing arts, engineer, insura!~ce agent or' adjuster, investment or management counselor, or surveyor. F. Hospitals, rest~ nursing, and coavalescent homes. G. Limited personal service establishmen-ls in the home such as beauticians, masseurs, and the uses listed in sub-sect'ion E above. Land Else 18.24. 030---18,24.0~!0 H. Wholesale plant nurseries including accessory strucl'ures. I. Retail commercial uses Iocal'ed in a dwelling unit within the Railroad District as identified by the Ashland Historical Commission. Such business sbali be no greater than six hundred square feet in total area including al stora[!e and accessory uses, and shall be operated only by fbe occu?anl of tho dwelling uni] and the equivalent of one-half time (up to twenty-five h~)urs per week) employee. Such use shall be designed to serve primarily pedestrian traffic, aild shall be located on a sireet having a fully improved sidewalk on at least the side occupied by 'lhe ~usiness. The street shall be a fuily improved street of residential City standards or greater. ~8.24,040 ~ener'al re_~n, ulations. A. Minimum lot area: Minimum lot area shall be 5,000 square feet for' the first dwelling unit, and 2,000 square feet for each additional unit. B. Minimum lot width: Minimum lot width shall be fifty feet. C. Lot dep!h: All lots shall have a minimum depth of eighty feet. No lot depth sbal! be more than two and one-half times its width. D. Standard yard requirements: Yards shall be of sufficient width to allow for a distance from property line to building equal to the building height in front and rear yards, and equat to oae-half the building height for side yards. Exeept' where a multiple--family dwelling abuts a single-family dwelling, the Staff Advisor may decrease the standard requirement by up to 50¢ (with a minim(~m of three feet) where topography~ design features, or other factors necessi[ate, and where there will be no significant negative impact on adjacent property. Yards shall be ir~creased by 40% if the standard requirement on the northerly side of the lot. Since the standard allows considerable design flexibility, variances are strongly discouraged, and should be allowed only where there are significan! and compelling unique exceptional circumstances. Special yards-~disffances betweer~ buildings: 1. The distance between any principal building and accessory building shall be a minimum of ten feet. 2. An inner court providing access t'o a double row dwelling group shall a minimum of twenly f~et. [and []se 19.24.0zi0-_ 18.28,20 3. 7he disial~ce between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distame be less than twelve feet. Ti~is requirement shall also apply to port!ohs of the same buildings separated 'from each other by a COUFt or other open space, F, Maximum height: No struci'ure shall be over thir. ty-five feet or two and one- half stories in height, whichever is less. G. Maximum coverage: Maximum lot coverage shall be sixiy-five percent. ~apler '18.28 R--3 HIGH DENS!TY MULTIPLE.-FAMILY RESIDENTIAL DISTRICT Sections: 18.28.010 18.28.020 18.28.030 18.28.040 Purpose. Permitted uses. Conditional uses. General regulations. 18.28.010 Purp,os~. This district is designed to provide the type of environ- ment suitable for urban living. The R-3 district is intended for resideniial uses and appurtenant community services; this district is designed in such a manner that it can be applied to a wide range of areas due to the range of residential densities possible. In addition, when appropriately located and designed, professional offices are allowed. 18.28.020 Permitted uses. The following uses and their accessory uses are permitted outright: A. Single family dwellings and two family dwellings. B. Multi-family dwellings. C. Boarding or roonHng houses, fraternity or sorority houses, and dormitories. D. Home occupations. E. Agriculture F. Public schools, parks and recreation facilities. G. Nursery schoels, kindergarten, and day nurseries. H. Residential P anned,U~ t Developments when authorized in accordance with the Chapter on Planned Unit Development. 18.28.030 Conditional uses. The following uses and their accessory uses are Land Use 18.Z8.0~50-- i8,28,040 permilted when authorized in accordance with the Chapter on Conditional Hse Permits. A. Churches and similar rel. igious insti'futions. B. Parochial'and private schools; business, dancing, trade, technical, or similar school. C. Mobile home parks; travelers' accomodations, provided that any permit granted fo!- travelers' accomodations shall be for a period not to exceed twelve moriths, and the applicant shall be required to present data es to continuirlg need prior to renewal of such permit by the Planning Commission. The period during which travelers' accomodations shall be allowed shall be specified by the Planning Commission upon granting such permit. D. Public and quasi-public halls, lodges and clubs. E. Profess!onal office or clinic for an accountant, architect, attorney, dentist, designer, doctor, or other practitioner of the healing arts, engineer, insdr-ar,ce agent or adjuster, investment or managemenl counselor, or surveyor. F. Hospitals, rest, nursing, and convalescent homes. G. Limited personal service establishments in the home such as beauticians, masseurs, and the uses listed in sub-section E above. H. Wholesale plant nurseries including accessory structures. 18.28.040 General requlations. A. Minimum lot area: Minimum lot area shall be 5,000 square feet for ti~e first dwelling unit, and 1,200 square feet for each additional unit. B. Minimum lot width: Minimum lot width shall be fifty feet. C. Minimum lot depth: All lots shall have a minimum depth of eighty feet. No lot depth shall be more than two and one-half times its width. D. Standard yard requirement: Yards shall be of sufficient width to allew for a distance from property line to building equal to the building height in fronh and rear yards, and equal to one-half the building height for side yards. Except where a multiple-family dwelling abuts a single-family dwelling, the Staff Advisor may decrease the standard requirement by up to 50% (with a minimum of three feet) where topography, design features, or other factors necessitate, and where there will be no significant negative impact or, adjacen-I property. Yards shall be increased by 40% of the standard require!non~ on the northerly side of a lot. Since this standard allows considerable design flexibility, variances are strongly discouraged, and should be allowed only where there are significant dr:d compelling unique exceptional circumstances. Land Use 16.~_8,040 Special yards--distances betwe©n buildings: !. Tile distance between any principal building and accessory building shall be a minimum of ten feet. 2. An inner court providing access to a double row dwelling group shall be a minimum of twenty feet. 3, The distal, ce between principal buildings shall be at least one-half 'the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve feet. This requirement shall also apply to portions of the same buildings separated from each o~her by a court or other open space. Maximum height: No structure sha!l be over flffy feet in height. Maximum coverage: Maximum lot coverage shall be seventy-five percent. Ch_~te r 18.32 13-1 RETAIl COMMERCIAL DISTRICT Sections: 18.32.010 18.32,020 18.32.030 18.32.040 Purpose. Permitted uses. Conditional uses. General regulations. ]8.32.010 Pur~os__~e.. This distric-I is designed to stabilize, the commercial characteristics of shopping centers and areas. improve, and prof'ec~ 18.32.020 Permitted uses. The following uses and their accessory uses are permitted outright: A. Professional, financial, and business offices, and personal service establish- ments such as beauty and barber shops, launderette, clothes and laundry pick-up stations. B. Stores, shops, and offices supplying commodities or performing services, such as a department store, antique shop, artist's supply store, and including a regional shopping center or element of such center~ such as a major department store. Land Use 18.32.020--18.32.0q0 C. Ea1'ing, erltertainmenff, and dancing es!ablishmenfs. D. 7heatr'es, but not including a drive-in. £. Commercial parking lots for passenger vehicles, subject to the requiremenzs of the Chapter on Site Review. 18,32.030 Conditional Uses. The following uses and 'lheir accessory uses are permitted when aulhorized in accordance wiPh the Chapter on Conditional Use Permits. A. Public and quasi-public and public atility and service buildings, structures, and uses as appropriate to and compatible with the C-1 district. B. Laundry', cleaning, and dyeing es'fablishments. C. Bowling alleys, auditoriums, skating rinks, dance halls, and drive-in theatres. D. ^utomobile service stations, new arid used car sales, boat, trailer, and recreational vehicles sales and storage areas. E. Hotels and motels, mobile home parks. F. Residential uses, subject to al the requirements of the R-3 district. G. Mortuaries. H. Kennels I. Veterinary clinics. J. Printing, publishing and lithography. K. Personal storage facilities. L. Temporary uses. I8.32.040 General re~g~ulations. A. Area--width--yard requirements: There shall be no minimum lot aream width, coverage, front yard, side yard, or rear yard, except: as required under the off-sffreet parking and loading requirements; except where required or increased for conditional uses; and except where required by the Site Review Chapter of this Title. B. Maximum building height: No structures shall be greater than forty feet height. Land Use 18.36--18.36.030 Chapter 18.36 C-2 DOWNTOWN COM;dERCIAL DISTRICT Secti.ons: 18.36.010 18.36.020 18.36.030 18.36.040 Purpose. Permitted uses. Conditional uses. General regulations. 18.36.0i0 Purpos~e. This district is designed to stabilize, improve, and protect the commercial characteristics of the central business district. Due to the interdependence of the various comrnerclal uses upon pedestrian traffic and the necessity for joint provisions and utilization of off-street parking facilitits~ off-street parking is not required for' individuel commercial use. 18.36.020 Permitted uses. The following uses and their accessory uses are permikted outright: A. Stores, shops, and offices supplying commodities or performing services for residents of the surrounding community, such as a department store, antique shop, artist's supply store. B. Eating, drinking, entertainment, and dancing establishments. C. Medical and dental offices and clinics, professional offices, financial offices, including banks, and other general business offices. D. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet. 18.36.030 Conditional uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits. A. Public and quasi-public and public utility and service buildings, structures, and uses as appropriate to and compatible with the C-2 district. B. Laundry, cleaning, and dyeing establishment. C. Bowling alleys, auditoriums, theatres, skatipg rinks, and dance halls. D. Hotels and motels. E. Residential uses, subject to all i'he requirements of the R-3 district, pro- vided such residentSal uses are noi a ground floor use and are so designed as to not impede the commercial characteristics cf the area. Land Use 18.36.030--i8.40.020 F, Commercial parking'lots for-passenger vehicles, of the Chapter on Off-Street Parking. G. Printing, publishing or lithography. subject 1'o the requirements H. Adult bookstores and aduit movie houses; provided the same are located a - - minimum fo five hundred feet from parks, playgrounds, librari~; public or private schools, excluding colleges and universities. I. Temporary uses. 18.36.040 General regulations. A. Area--width--yard requirements: There shal be no minimum lot area, width, coverage, front yard, side yard, or rear yard, except: as required under the off- street parking and loading requirements; where reguired or increased for condi`- ~ional uses; and where required by the Site Review Chapter of this Title. ....... : . .]' ~i:~h ~ll.design standaPd~ of- fl~e~Off-Street Parking Chapter. B. Off-sl'reet parking: 1. 'Residential uses including transieni facilities such as hofels and motels and permanent facilities such as multiple family dwellings and apartment houses shall provide off-streef parking as required in the Chapter on Off-Street Parking. 2. Ail other uses in the district are not required to provide off-street parking and loading, though any such facilities provided should comply C. Maximum building height: No structure shall be greater than fifty-five feet in height. Chgpier 18.40 C-3 HEAVY COMMERCIAL DISTRICT Sections: 18.40.010 18.40,020 18.40.030 18.40.040 Purpose. Permitted uses. Conditional uses. General regulations. 18.40.010 'Purpose. This district is designed to provide a location for the necessary heavy commercial uses and services. 18.40.020 Permitted uses. The followipg uses and their accessory uses are permitted outright. A. Buildirtg material sales yard but not including concrete or asphalt batch or mixing plants. B. Cabinet, carpentry, electrical, [ur~iture, machine, ~lumbing or heating shop, printi.ng, publishing, or l ifhegraphy, upholstery. Land Use 18.40.020--18,44,020 C. Contractor equipment storage yard, or storage and rental of equipment commonly used by a contractor. D. Automobile, boat, trailer, and recreational veh!cle sales and stonage, farm implement sales, automobile and truck repair, service and repair establishment, tire recapping. E. Public u~ilify buildings and service yards, and other public and quasi-public buildirlgs, structures and uses. F. Storage and warehousing, wholesale business. G. Commercial parking lots for passenger vehicles. 18.40.030 Conditional uses. The following uses and their accessory uses are permitted when authorized in accor'dance with Conditional Use Permits. A. Kennels and veterinary clinics. 18.40.040 General re.qulations. A. There shall be no area or width requirement except as may be required under' the off-street loading requirements, or requirements for conditional uses. B. There shall be no yard requirement except when a lot or parcel adjoins a reside~%i~Ldi.st~ict;..t~h~ich:¢~s~:~,fcoE~t,, side, and ~ear ya. rd of.a% [e~.st t~n .... feet shali be required, and except as required in the Site Review Chanter of this Title. C. Maximum building height: No structure shall be greater than forty feet in height. Chapter 18.44 C-4 TOURIST C~MERCIAL DISTRICT Sect i OhS: 18.44.010 18.44.020 18.44.030 18.44.040 Purpose. Permitted uses. Conditional uses. General regulations. 18.44.010 Purpose. This district is designed to provide for the needs of travelers and tourists making stops of duration of several days or less. 18.44.020 Permitted uses. The following uses and their accessory uses are permitted outright.~ A. Automobile service stations. Land Use 18,44,020--18,48,010 B. Gift shops. C. Eating, drinking, entertainment, enJ dancing establishmenfls. D. Hotels and motels. are which l-hey ere accessory, Accessory uses are such listing); 1. Barber or beauty shops, 2. Clothing shops. 3, Travel bureaus. 4. Drugstore~. 5. Parking lot. 6. L. aunary. 7. D~ays or dramatic productions. .Accessory uses necessary to convenience of 'l-he traveling public, When they located in the same building, or on the same lot as, the permitted uses to items as (not an exclusive 18.44.030 Conditional uses. The following uses and their accessory uses are allowed in accordaace with The ChapTer on Conditional Use Permits. A. Public and auasi-oublic and 0ublic uti''~y and service buildings, structures, and uses comaatib!e witl~ The C--4 d~strict. B. _ OverNight. ~r~.~el traile.Eor [eq'eat' cna _vpbjcle..~OUrTS Qr 97mp. in9 faqili~ie~. ... C. Truck service stations. D. Residential uses subjecT to all the requirements of the R-3 district. 18.44.040 General r_e.qu~a-I-ions, A. Area---width--yard reouirements: There shall De no minimum lOT area, widft~, coverage, 8 front yard,' side yara, or r'ear yarc reeuirement, excepT: as ~eeuirea under the off-slreet parking chapTer; exceoT wnere required or increased for conditional uses; ana excepT as required unoer the Site Review Chazter of this Title. B. Maximum building height: No structure shall be over thirty-five feet or two and one-half stories in height, whichever is less. qha~ter 18.48 C-5 NEIGHBORHOOD COMMERCIAL DISTRICT Sections: 18,48,010 18,48,020 18,48,030 18,48,040 Purpose. Permitted uses. Conditiona'l uses. General regulations. 18.48.010 Purpose.. This district is intended 1-o provide for tbe location of small local-convenience businesses with;r, or adjacenl to residon'lial areas of the City. Businesses within a C-5 district shall no'f creal-e architectural, esi-!~etic, noise, or' traffic conflicts with aeighboring properties. A C-5 disiricl Land Use 18.48.010--18.48.040 shall have a maximum gross area of 15,000 square feet, and shall be located no nearer than one-half linear mile to any other C-5 district, and one-quarter mile · to any other commercial district. C-5 districts shall be located on arterial or collector streets, in one quadrant of an intersection.' 18.48.020 Permitted uses. The followi.hg uses and their accessory uses are permitted outright: A. Grocery, dEug and general goods stores. B. Barber and/or beauty shops. C~ Clothes cleaning pick-up ·agency. D. Automobile service station; (provided that repairs made are of a minor .-~ature such as tire changes, lubrication and tune-up, and not including engine overhaul, transmission work, etc.) subject to strict approval standards relating to the criteria cited in Section 18.48.010 above. 18.48.030 Conditional uses. The following uses and their accessory uses are permitted when authorized in accordance with Conditional Use Permits. A. Residential dwelling units, when not on the ground floor of a dwelling, and in accordance with the regulations of the predaminant surround.lng residential zone. B. Restaurants, including the sale of alcoholic beverages, but no~ including entertainment or dancing. 18.48.040 General re.q.ulations. Minimum lot area: No requirement. B. Minimum lot width: No requirement. C. Minimum lot depth: No requirement. D. Minimum front yard: Minimum front yard shall be twenty feet. E. Minimum side yard: Minimum side yard shall be ten feet, to be increased by ten feet for each story or portion thereof a building exceeds one story. F. Minimam rear yard: Minimum rear yard shall be ten feet, to be increased by ten feet for each story or portion thereof a building exceeds one story. G, Maximum building height: No structure shall be over thirty-five feet or' two and one-half stories in height, whichever is less. Land Use t8.52--~ 8.52.030 Cha_pte r 18.52 M-i LIGHT INDUSTRIAL DISTRICT Sections: 18.52.010 18.52.020 18.52.030 18.52.040 Purpose. Permitted uses. Conditional uses. General regulations. 18.52.010 Purpqs~e_. This district is designed ~o provide for industrial uses having minimal impact on surrounding area in relation to noise, odor, vibration, or visual nuisance, and to provide a suitable ~nd stable environment for such USeS. 18~52.020 Permitted uses. Tile following uses and their accessory uses are perrai tted outright. A. Light manufacturing, assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, wood (not including sa~v, planing, or lumber mills or molding plants), paper, cotton, precious or semi- precious metals or stone. B. Manufacture of electric, electronic, or optical O. Administrative or research est&bIishments. instruments and devices. D. Manufacture of food products, pharmaceuticals, and similar items, but not including the production of fish or meat products, or fermented 'Foods, such as sauerkraut, vinegar or other materials have significant potential for odor, or the rendering of fats or oils. E. Cold storage plants. F'. Printing, publishing, and book binding. G, Public and public utility buildings and yards. H. Wholesale storage and distribution establishments. I. Bakery, bottl'ing plant, cleaning and dyeing establishment, laundry, creamery. J. Mini-warehouse and similar storage areas. 18.52.030 Conditional uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits. A. Banks, restaurants, or other convenience establishments designed to serve persons working or living in the zone only. B. Kennels and veterinary clinics. Land Use 18.52-040--18.56.020 i8.52,040 Gel~era I A. Minimum B, Minimum C, D. E. lot arsa: lot width: lot depth: Minimum Minimum frop.? yard: Minimum side yard: E~e~_~ion~.. Minimum lot area si~all be 8,000 square feet. Minimum lot width shall be eighty feet. Minimum lot depth shall be one hundred feet. Minimum front yard shall be twenty-five feet. Minimum ~ide yard shall be five feet, except fifteen feet on the side facing the street on a corner lot. F. Minimum rear yard: No requirement. Go Maximum building height: No structure shall be greater than forty feet in height. Chapter 18.56 M-2 HEAVY INDUSTRIAL DISTRICT Sections: 18.56.010 18.56.020 18.56.030 i8.56.040 Purpose. Permitted uses. Conditional uses. General regulations. 18.56.010 Purpose, 7'his district is designed to encourage sound industrial development in ~he City by providing a protective environment exclusively for such development. 18.56,020 Permitted uses. ]'he fol!owing~uses and their accessory uses are permitted outright. A. Any manufactur!ng, processing, assembling, research, wholesale, or storage use. B. Railroad yards and freight stations, trucking and motor freighl stations and facilities. C. Public and public utility service buildings, structures, and uses. D. Dwelling for a caretaker or watchman employed on the premises. E. Building materials sales yard, including concrete or asphalt batch or mixing plants. F. Uses permitted in the M-1 District. Land Use A. Minimum ioi- area: B. Minimum lot width: C. Minimum lot dep~h: D. Minimum, front yard: E. Minimum side yard: residential district. F. Minimum rear yard: 18.56,030 Conditional uses. The fo:lowing ases and iheir accessory uses are permi fted when authorized in accordance with the [,hapte~ on Conditional Pe rmi f s. A. Junkyards and auto wrecking yards. B. Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products, subject to General Regulai'ions. C. Kennels, veterinary clinics~ ]8_~._56.040 General requlations. Minim~,m lot ar~a shall be 8,000 square feet. Minimum lot width shall be eighty feet. Minimum lot depth shall be one hundred feet. Minimum front yard shall be twenty-five feet. No requirement, except twenty feet where adjoining a No requirement, except twenty feet where adjoining a resideniial district ..... G. Maximum buildi~rg height: in height. No building shall be greater than fifty-five feet Chapter 18~60 A-AIRPORT OVERLAY DISTRICTS Sections: 18.60,010 Purpose. 18.60,020 District Al. 18.60,030 District A2. 18.60.040 District A3 18.60.050' General provisions. 18,60,010 Purpose. These overlay districts are intended fo be applied to prop- erties which lie within close proximity to the Ashland Airport, where aircraft are likely to be flying at relatively Iow elevafions. Further, the districts are intended ~o prevent the establishment of airspace obstructions in such areas through height restrictions and other- land use controls. Application of fhe districfs does not al~er the requirements of the paren-f zone except as specifically provided herein. Land use 18.60.020--18.60.060 18.60.020 District Al. Permitted Uses shall include non-residential structbres, and commercial and industrial uses not serving the publi'c on si~e, and having no more than one person per 500 square feet of floor area, not to exceed 10 persons. B.. Maximum height of structures, trees, or other atrspace obstructions shall be twenty feet. C. Minimum lot size shall be one-half acre. 18.60.030 District A2. ~ A. Perr,Htted Uses shall include single-family dwellings, and commercial and · ~- industrial structures subject to the requirements of 18.60.020(A), if permitted by the parent zone. ' B. Maximum height of structures, trees, or other airspace obstructions shall be thirty feet. C. Minimum lot size shall be five acres for'residential uses, one-half acre for all others. 18.60.040 District A3. A. Maximum height of structures, trees, or o~her alrspace obstructions shall be thirty-five feet. 18.60.050 General provisions. Be The City may top any tree which is greater than thirty-five feet in height or Ioca~ appropriate lights or markers on those 'frees as a warning ~to tile operators of aircraft. No use shall be made of land or water within this zone district in such a manner as to create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare In the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise create a hazard which may in any way endanger the landing, takeoff or maneuvering of aircraft using the airport. The regulations prescribed by this sectlon shall not be construed to' require a property owner to remove, lower, or make other changes or altera- tions of any structure which legally existed prior to the enactment of this section. 18.60.060 Limitations on action. No variance shall be granted for heights In excess of those listed in Sections 18.60.020, 18.60'.030, and 18.60.040. Land Use 18.68--18.68.020 Chapter 18.68 GENERAL REGULATIONS Sections: i8.68.010 18.68.020 18.68,030 18.68.040 18.68,050 18,68.060 18.68.070 48.68.080 ~8.68.090 48.68.100 18.68.110 18.68.120 18.68.130 18.68.140 18.68.150 18.68.010 Vision clearance area. Access. Yard measurements. Special setback requirements. Special yard exception. Land surveys. Commercial excavation--removal of earth products. Nonconforming uses and structures. Slope; hillside protection. Front yard--general exception. Utilities. Lot size requirements--general exception, Accessory buildings, Special building height limitation, Fences. Fences, walls, hedges, and screen planting shall to the following standards: be subject A. In any required front yard provided they do not exceed three and one-half feet in height. B. In any rear or side yard, in height. provided they do not exceed six and one-half feet C. The height of fences and walls in rearyard setback areas abutting a public street shall be 48 inches or less. D. The framework for newly-constructed fences and wal'ls shall face toward -the builder's property, except where fences are jointly constructed. E. Fences shall lean at an angle from the vertical plane no greater than 1% (.12 inches per foot). In cases where this limitation is exceeded, the property owner shall be notified in writing of the problem. If the offending fence is not repaired witi~in one mort-ih of receipt of notice, a citation shall be issued. 18.68.020 Vision clearance area. Vision clearance areas shall be provided with the following distances establishing the size of the vision clearance area: A. In any R district, the minimum distance shall be twenty-five feet or, at intersectioas including an alley, ten feet. B. In all other districts except the C-1 and C-2 districts, the minimum distance shall be fifteen feet or, at intersections, including an alley, ten feet. Whea the angle of intersection between streets, other than an alley, is less than thirty degrees, ~he distance shall be twenty-five ~eet. C. The v!sion clearance area shall contain no plantings, fences, walls, struc- tures, or temporary or permanent obstructions exceeding 'two and one-half feet in heigh1 measured from the top of the curb, except that street trees exceeding this height may be located in ihis area, provided all branches and foliage are removed to a height of el§hr fee~ above the gra~e. Land Use 18.68.030--I8.68.080 18.68.030 Access. Each lot shall abut a minimum width of forty feet upon a public street (other than an alley). This requirement may be decreased to twen[y-five feet on a cul-de-sac vehicle turnaround area. Except with an approved flag partition, no lot shall abut upon a street for a w!dth of less than twenty-five feet. 18.68.040 Yard measurements. All yards, measurements to and between buildings or structures or for the purpose of computing coverage or similar requirements shall be made to !he building or neaFest projection thereof and shall be unob- structed from the ground upward, except that architectural projections may intrude eighteen inches into the yard requirement. 18.68.050 Special setback remuirements. To permit or afford better light, air, and vision on more heavily traveled streets and on streets of sub-standard width, to protect arterial streets, and to permit the eventual widening of hereinafter named stree!-s, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street: Street Setback East Main Street between City limits and Lithia Way thirty-five feet Ashland Street (Highway 66) between City .I.imits and Siskiyou Boulevard six±y-five feet Also, front yards for properties a~utting all arterial streets shall be no les~ than twenty feet, with'the exception of the C-2 district. 18.68.060 ~p_~ial yard exception. Where slope conditions adjacent to a public street cause special hardship-in the location of private garages,-the Staff Advisor may authorize a yard depth of a minimum of two feet for-the garage only. Such authorization shall be given upon the recommendation of' the Director of Public Works, who shall determine the extent of the problem and the best means of solution. 18.68.070 Land surveys. Before any action is taken pursuant to thi~ Title which would cause adjustment or realignment of property lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey pins or' by a survey performed by a licensed surveyor. ~8.68.080 Commercial excavation--removal of earth products. A. Before a conditional use permit for the commercial'excavation aHd removal of ~arth products can be gran-~ed, plans an~ specifications showing the location of pr~mises, grading plan, existing and proposed drainage, proposed truck access, and details of regrading and revegetation of the site shall be submitted to, and approved by~ the Planning Commission. B. Any deviation from the plans as approved will serve as ground to revoke the conditional use permit. C. In reviewing the application, the Commission may censider the most apDropriate use of tile land, distances from property lines, the protection of pedestrians and Land Use 18,68.080--i8.6G, 100 vehicles, the prevention of the collection and sdagnation of water at all stages of the operation, and the rehabililafion of tt~e land upon termination of the operation. D. A bond may be required to insure perfoFmance. 18.68.090 Nonconforminq uses and structures. A. A nonconforming use or structure may nol- be enlarged, extended, reconstructed, substituted, or structurally altered, except as follows: When authorized in accordance with the same procedure as provided in the Conditional Use Chapter, a nonconforming use may be changed to one of the same or a more restricted nature. When authorized in accordance with ti~e same procedure as provided in the Conditional Use Chapter, an existing building, structure, or land may be enlarged, extended, reconstructed, or structurally altered, except that a Conditional Use Permit need not be obtained to enlarge or extend a single-family home in the residential district, provided fhat the addition oF extension meets all requirments of this Title. B. Discontinuance: If the nonconforming use of a building, structure, or premises ceases for a period of six months or more, said use shall be considered abandoned and said building, structure, or premises shall thereafter be used only for uses permitted in the district in which it is located. Discontinuance shall no~ include a period of active reconstruction.following a fire or other result of natural hazard; and the Planning ~ommission may extend the discontinuance per!od in the event of special unique unforseen circumstances. C. Building or structure: Nothing contained in this Title shall require any change in the plans, construcfion, alteration, or designated use of a structure for which a building permit has been issued and construction has commenced prior to the adoption of the ordinance codified herein and subsequent amendments thereto, except that if the designated use will be nonconforming it shall, for the purpose of sub-section B of this section, ~e a discontinued use if not in operation within two years of the date of issuance of the building permit. 18.68.100 Slope~ hillside protection. In order to prevent development which wil cause undue slope destruction due to rapid erosion and runoff, the following requirements shall be met in all residential developments where any portion of · the lot falling within the definition of lot coverage exceeds ~wenty percent slope: A. Lot coverage shall be decreased by fifteen percent for each five percent of lot slope in excess of twenty percent, as follows: Slope (%___)_ Coverage Reduction (%) 20-24.99 15 25-29.99 30 30-34.99 ~5 35-39.99 60 Land Use 18.68.100--18.68.140 B. No development shall be permitted in the R-1 zone in excess of 39.99 percent nor in the R-2 or R-3 zones at slopes in excess of 29.99 percent. C. For purposes of calculating Io1' s!ope~ portions of 'the lot having greater than the maximum allowable slope shall not be included as par~ of the area within the lot coverage. D. The Planning Department shall have on file a general identification of areas of greater then twenty percent slope. It shall be the responsibility of the developer to provide certification of the average slope by a Registered Surveyor. In lieu of such certification, the City may, by request, establish the average slope for a fee of $50, 18.68.110 Front ~LT~d.7-Reneral exc~tion. A. If there are dwellings or' accessory buildings on both abutting (even if separated by an alley or private way) lots w!th yards of less than the required dep?h for the di?~rict, the yard for the lot need not exceed the average yard of the abutting structures. B. If there is a dwelling or accessory buildings on one abutting lot with a yard of less than the required depth for the district, the yard need not exceed a depth one-half way between the depth of the abutting lot and the required yard depth. C. The fron~ yard may be reduced to ten feet on hillside lots where the terrair, has an average steepness equal to, or exceeding, a one foot rise or fall in two feet of horizontal distance within the entire required yard; said vertical rise or fall to be measured from the natural ground level at the property line. 18.68.120 Utilities. The erection, construction, alteration, or maintenance by public utility or municipal or other governmental agencies of underground or over- head gas, electrical, steam, or water transmission or distribution systems, collection, communicati.on, supply, or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police equipmenl and accessories ir, connection therewifih, but not including buildings, shall be permitted in any district-. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for this Title, except in the Airport Overlay District. 18.68.130 Lot size requirements--general exception. If a lot or the aggregafle of contiguous lots or land parcels held in single ownership and recorded in the office of the county clerk at the time of passage of the ordinance codified herein has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the distr!ct subject to all other requirements, provided it complied witt~ all ordinances when it was recorded. 18.68.140 Accessory buildinqs. Accessory buildings shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the following Ihnitations: I_and Use 18.68,140--18,72.20 A. A greeni~ouse or hothouse may be mainfained accessory to a dwelliag in an R district. B. A guest house may be maintained accessory to a single-family dwelling pro- vided there are no kitchen cooking facilities in the guest house. C. Regardless of the side and rear yard requirements of the district, in a residential disfrict a side or rear yard may be reduced to three feet for an accessory stlucture erected more than f~fty feei from any s~ree-~, other tban alleys, provided the structure is de?ached and separated from o~her build;rigs by fen feet or more, and is no more thau fifteen feet in helgbt. 18.68.150 .S~gi__ai bui'lding heigh~t limitation, in any area having generally ~ slope or greater, no structure on the downslope side of a street running cross-slope shall be more than one story, or fifteen feet in height, above the grade of the sfreet. ~hapfer 18.72 SITE REVIEW 18.72.010 18.72.020 18.72.030 18.72.040 18.72.u50 18.72.060 18.72.070 18.72.080 18.72.090 Site approval required. Plans required. General standards. Review. Procedure. Time limits. Compliance. Applicable conditions. Site alteration. 18.72.010 Site a~)roval reguired. Site review and approval is required prior to issuance of building permits for: A. Ail residential developments which result in more than two dwelling units per lot or common-ownership development. B. All commercial and indus-frial uses. C. All alterations to use types requirin9 site review which affect the use, intensity of use, floor area, s~ructure location, or significant elements of the site plan or design. 1~.72.020 Plans required. An applicani for a building permit who is subject to site review shall submit three eigh-reen by twenty-four inch copies of the following to tbe Staff Advisor (except one copy of item C): A. A site plan dra~n to scale showing al! existing and proposed stru(:tures (aad distinguishin9 them), and indicating all natural features and general topography. If the average slope is greater than ten percent, contours shall be indicafed at five foot intervals. The site plan shall show building eleYa'fions~ public and private easements, square footage and number of un~f's, and ail other improvements such as driveways, pedesdrian walks, recreation or common areas, landscaping, fences, walls, of'F-street parking and loading ar~}as, railroad tracks and adjacent public and private streefs.' The si-~e plan shall ind;cate how utility service and drainage are 'io be provided. Land Use 18.72.020--18.72.030 B. A landscaping plan showing in detail the location, type and variety, size and other pertinent features of proposed landscaping and plantings at time of installation, at one-year interval, and at full growth. Such plan shall include layout of irrigation facilities, and show ~he relationship of plantings and irrigation to structures, streets, and other site [eatures. Trees used as part of the landscape plan shall be of a variety that does not tend to destroy sidewalks, underground pipes, or other similar items as a result of root growth. C. Plans as required by the Uniform Building Code in relation to elevations and exterior sbructural design features, but not including drawings or interior structural design, support systems, etc. Such plans shall indicate.the material, color, texture, shape and other design features deemed appropriate by the Staff Advisor in relation to the type and location of'development. Plans shall be complete for all proposed structures, including signs, accessory buildings, etc. D. The plans required above shall include computation of the amount and percentage of each of the following: building coverage~ landscape coverage, paved areas (parking, walkways, and driveways), lot area, number of units, living area, and usable recreation area. 18.72.030 General standards. A. With the noted possible exceptions there shall be a minimum percen~ of lot area to be landscaped as indicated on the following chart, with the minimum value of said landscaping to be two percent of the ~otal cost. (This required minimum value may be increased during plan review.) Special consideration cab be given to: downtown C-1 and C-2 developments where, due to party walls, an~ zero lot lines, little, if any, landscaping is possible; sites with existing vegetation (in determining values of landscaping); and sites in which a substarflial amount of landscaping is required for off-street parking. Minimum % of Lot Area Zone to be Landscape~__~ R-2 35% c-1 t5% C-2 c-4 15% c-5 B. There shall be specified minimum areas of open space for usable recreation areas within R-2 and R-3 developments equal to fifteen percen~ of the square feet of living area in the development, which shall be considered a part of the required landscaping. C. All required setback areas abutting public streets shall be landscaped (except allowed parking facilities), such areas to be included in both area and value computation. D. All open areas between the property line and the travel surface of the public street and the sidewalk shall be landscaped, and shall be included as part of the maintenance requirements and the landscaping value computations. Land Use i8.72,030--18,72.040 E. 7here shall be view-obscuring shrubbery, walls, or' fences alon9 property lines where appropriate and around unsightly areas such as trash and equipment storage areas and industrial and heavy commercial activities. F. Underground irrigation (or certification by a licensed landscape architect of the ability of plantings to survive without irrigation) shall be provided; except that the Commission may waive this requirement if a development is of such small scale that it is not necessary. G. All access ways; lo required off--street parking which involve alleys shall be fully improved either ~o a minimum width of twenty feet or the width of the access way to City s+andards along the full length to the nearest City street. 18.72.040 Review. In approving an application for a building permit, the Planning Commission or its Siaff Advisor may impose any or all of the following conditions with a reason or' reasons for each conditioa being noted by the Commission or Staff Advisor and such reasons kept on file with each application. A. Require the value of the landscaping to be above two percent but not great than five percent of 'fhe l'otal project cosi as determined ~rom the building permif. B. Require such modifications in the landscape plan as will assure proper screening and estt~ef'ic appearance. C. Require plantings or groundcover to be predominant, not accessory, to bark or other non-living groundcover. D. Require the retention of the clearances from specified trees, rocks, water ponds or courses and other natural features, such retained features to be conside,-ed as landscaped area pursuant to 18.72.030(A) E. Require the landscape plan to be prepared by a licensed landscape architect~ F. Require City Engineer's approval of a grading plan and/or drainage plan for the collection and transmission of drainage. G. Require size, placements, and grades for pedestrian and vehicle access. H. Require sidewalks, dedication of rights-of-way for streets and pedestrian ways, and easements for ufilities, waterways, or slopes. 1. Require the applicant to sign in favor of any future street improvement. J. Require the modification or revision of the design of s'tructures, signs, accessory buildings, etc. Such modification or revision shall be required only wheil the Commission considers a specific design feature to be sufficiently detrimental to the esthetics, property values, or general stability, health, safety, and welfare and diversity of the neighborhood or the City that correction is necessary. Applicant shall be advised in writing of the specific reasons for the required modifi<:ation or revision, and alternate means of solution shall be suggested. No additional criteria shall be added that will modify this section. K. Restrict heights over' thirty-five feet and increase setbacks up to an additional twenty feet. Land Uso 18.72.040--18.72.050 L. Require on-site fire hydrants, bith protective barricades if specified. M. Require the type and placement of lights for outdoor circulation and parking facilities. N. Require commercial or indus'frial developments to provide limited, controlled, access from the frontage road venting ohio a major street by means of traffic signals, traffic control and turning islands, landscaping, or any other means neces- sary to insure the viability, safety, and in]'egrity of the major street as a through corridor, where l'he cumulative elfect of individual access would impair such viability, safely, or degrade the esthetic environment. O. Require residential or light commercial and office uses to provide improved access to City streets intersecting major streets instead of yen'ling directly onto a major street, where the c,~mulcTive impact of such direct access would impair the viability, safety, anJ effectiveness of the major street. P. In the area affected by the South Ashiand Moratorium, the Site and Design Review process will be conducted in keeping with recognition of the fact that the South Ashland area is a rapidly developing commercial center serving the southward residential and tourisf-oriented growth of hhe City. Accordingly, the following standards st~all be observed in ~be review ~rocess: 1. Strip commercial development characterized by one-business, one- access development along Highway 66 shall not be permitted except in unavoidable pre-determined circumstances related to lot shapes, building locations, etc. Development shall be coordinated in terms of frontage access roads, pedestrian walks within and between developments, access points onto major streets, and any other appr'opria~e site or area-wide features of planning importance. 2. The relationship of site and structural design shall be such as to create an environment of human scale, rather than one characterized by expanses of asphalt. The shopping and living environment shall be designed for people as well as automobiles, no+ simply for the temporary storage of the vehicles of shoppers. Landscaping and structural features shall be in proportion to this concept, and of a quality, quantity, and type which will improve and enhance !he area. 3. Nothing in these standards is intended to produce a monotone or thematic appearance. Individuality and innovation are encouraged within the broad outlines of subsections I and 2 above. 18.72.050 Procedure. Applications shall be processed as follows: A. Applicant submits required application materials to the Planning Department. B. Staff advisor shall review materials to determine impact on the area or City, as well as conformance with all applicable laws and ordinances. C. Staff advisor shall' note any required changes or corrections necessary to comply with laws or ordinances, and shall describe any changes requested in order 'fo improve the safety, appearance, or impact of the development. Such notes and descriptions shall be made on fhe applicant's plan, with a copy kept in the Planning Department. Land Use 18.72.050--]8.72.060 D. Within three working days following submittal of the application, the Staff Advisor shall notify 1he applicant o~ action l'aken on the materials. .E. Staff Advisor shall meet with the applicanl to discuss file staff review. this meeting, applicant and staff shali agree on the site plan and other materials, including changes and corlection; if agreement is not reached, the matter shall autcmatically be set for hearing before the full Commission at the next available meeting. At F. If agreement is reached, public notice shall be sent to all adjacent or immediately affected property owners advising them of the project, and giving them seven working days from the date of mailing to file remonstrance regarding specific aspects of the materials submitted. G. On the first working day after the remonstrance period, -the Staff Advisor shall: 1. Notify the applicant of final approval by telephone and letter if no remonstrance has been received; or, 2. Set a meeting with applicant if Iemonstrance on a minor, resolvable issue has been received; if the applicant is willing to correct the situation to the satisfaction of the Staff Advisor, final approva! shall be given; or, 3. Automatically set the issue for the uext available meeting of the full Commission if there is any significant remonstrance which is not easily resolvable, or if the applicant does not agree to the proposed coFrecfion of a minor remonstrance item~ H. The Staff Advisor shall bypass steps C. through G. above,and refer any item to the full Commission at any time he deems an application to be of a n~ure ~hat involves significant policy or area impact questions. The Staff Advisor or Commission may approve a 'generalized schema-l-lc andscape plan showing the location and general types of plants, pending submitl-al and approval of a final landsc e plan prior to building permit issuance. 18.72.060 Time limits. A decision must be rendered by the Planning Commissiou within sixty days of filing all required information, unless such time is extended by mutual consent of the applicant and Commission. The decision of the Commission or Staff Advisor shall become effective fifteen days following such decision, and no work shall commence on tile approved project until the decision is effective. The Planning Commission and the Staff Advisor to the Planning Commission shall have the authority to allow applicants a reasonable time period in which to complete specified requirements, if it appears ffhere is good reason to do so. In order to assist the Staff Advisor 'to the Planning Commission and the Planning Commission in imposing.more consistent requirements as above set forth, the Staff Advisor I'o the Planning Commission shall develop, maintain, and from time to time revise written criteria and guidelines for the imposition of ~hose of the above requirements which he deems need more specifications. These written criteria and guidelines shall be subject to approval and modification or deletion by the Planning Commission and shall be made available to the Public upon request. Land Use 18.72.070--18.72.090 18.72.070 Corn~J_!.~_c_o~. Any development subject to fbis Seqtion shall be carried out in accordance witl~ approved plans and conditions imposed by the Planning Commission or the Staff Advisor ~o ~he Planning Commiss!on, and shall be maintained as a continuous condiPion of use and occupancy. The building official shall not grant a certificate of use or occupancy, or release uti lities~ unless and until safi'isfied of substantial compliance with the approved plans. Ho:vever, tl~e building official may, unless otherwise directed by the Planning Cor.~mission, r'e!e~s~ a temporary certificate of use and occupancy and a temporary release of utilities provided (!) there is proof Phat the owner has entered into a contract with a reputable insl'aller for fihe completion of the landscaping and o'i-ber design requirements within a specified time and there remains no~hing for the owner fie do prior fo installation; or (2) the owner has posted a satisfacPory performance bond to insure the installation of said landscaping and design requiremenl-s with]ri a specified ~ime. Any approval or permit granted pursuant to 'Phis Sec'Pion shall be deemed automatically re,.,oked if [~.ot used within two years of the date of issuance. 18.72.080 AjE~licable conditions. The Staff Advisor to the Planning Commission shall mail a copy of all conditions imposed by various City deparl-ments in approved Site Review to the applicant by registered mail within seven days following fihe decision. Such conditions shall not subsequently be altered or added -lo unless such alfi'eration or addition is essential to the property function of public services, or the protecfiion of public safety. 18.72.090 ..Site alteration. No person shall make, or cause to be made, signi~icanff changes to tl~e slope, soil conditions, drainage, vegetation, or other natural aspect of a parcel of land within one year prior to the time application is made 'for site review of said parcel. This provision includes such work as grading for access, or the proposed removal of trees over six feet in height, hedges over' three fee~ in height, lawns or grass cover, or other similar vegetation. If does not include sucl~ minor brush or weed clearance as may be necessary to reduce fire hazard or drainage obstruction. If such prohibited alteration has been made~ the Planning Commission or Staff Advisor may require actions to be taken which will substantially return the site to its original state. GUIDELINES TO BE USED FOR .~E'QU!RING CONDITIONS The following guidelines are to give a befter indication as to when conditions will be required. The Plar, ning Commission or Staff Advisor' can vary fro~ th~se guidelines, but only according to 1he procedures stated in Section "J", Procedure ~or Guideline Variation. A. Req~_irin~g_!~i~nE value to be greater than lwo percent. The value of landscaping shall be increased when any o~ the following conditions exist: I. A high quality of landscaping is essential to insure compatibility with adjacent land uses. (For examp!e surrounding property is highly landscaped or above average p~anl sizes are needed to immediately obstruct an unsightly area). 2. The cost of construction is below ~he average for the type of development. B. Requirin~ view obscuri~ shrubbe~/i~ w~_kls, ~r fences. Shrubbery, walls, or fences shall be required when any of the following conditions apply: I. Where parking, driveways, and turnaround areas abut a single or two-family dwelling, a wall, fence or hedge will be constructed from three ~o six feet high. Such facility will conform to all setback requirements. In cases where automobile noise and head- lights infr'inge upon tf~e livability of surrounding residences, additional landscaping or possible buffer zones may be required. 2. Where parking, driveways and turnarounds abuf view areas of adjacent structures, the requirements of item one may be requested. 3. Unsightly development, such as trash receptacles, mechanical apparatus or storage areas shall have sufficient screening or buffer zones to protect people from unattractive v!ews, noise, or odors. C. Retention of the clearance from specified trees~ rocks~ water ponds or courses or other natural features. I. Rivers, streams and natural water courses, as we!l as flood plains, shall be retained in their natural state. Areas adjacent to streams and water courses which are above flood levels will also be retained if slopes or' construction work infringe upon the previously designated areas. 2. Ponds and lakes shall be retained in their natural state, including n!ar'sh areas adjacent to the water areas. 3. Any modification to the natural vegetation in section I and 2 must be specifically approved, and can not diminish the value of the natural area in terms of erosion control, water holding capacity, or general appearance. 4. Items such as trees, rocks and other' natural features shall be retained if such item presents a unique feature for the town and neighborhood. 5. All trees over six inches in diameter measured four feet above the ground level shall be retained unless the Staff Advisor or Planning Commission gives its approval during the review process. Reasons for permitting tree cutting are as follows: a. The trunk of the tree is, at ground level, inside or within four feel of any proposed exterior wall. b. The tree is within a driveway access area or parking area whicil canaot be easily altered to eliminate the need for removing the c. 'ihe tree is dead, diseased, or weakened in such a manner to cause imminent danger to persons or property. d. The tree is adjacent to other trees which will benefit from its e. The tree, because of its general growth charaeteristics, will ~hreaten existing or proposed facilities. D. ~grading plan and/or a dreinage___i~_lan must be submitted when the followinq conditions exist: 1. ]-here is an average slope of fifteen percent or more on the property, or there is a slope of twenty-five percent or more on any portion of the property. 2. Areas where soil, geological, or drainage features present a grading or drainage problem to development of the parcel. 3. The development alters the existing grade of the lot such that it wil not take natural run off of wa~er from any adjacent lot, or so that water drainage of the development lot is changed ~o run at a different location or intensity than previously, and that change could create a hazardous condition to any adjacent lots. The City Engineer shall approve the grading plan unless the grading, either excavations or fills and/or drainage ~ill endanger- the public health or safety, or which apparently will result in physical damage directly or indirect!y to another Iofi or parcel of land or to the public street or public property, iacluding removal or reduction of lateral support, or which will change the natural drainage to the detriment of surrounding pro- perty. E. Sidewalks~ pedestrian ways~ or bikeways ~a.y be required when ~5Y of the following conditions exist: 1. Where the development is near a major pedestrian traffic generator such as a school or park. 2.Where the development is in or near a commercial district. 3. Where the surrounding area either has sidewalks or is part of a generel community effort to provide sidewalks. Where the development is on or near a known pedestrian route. 5. Where any other condilion exists in which the Planning Commission or Staff Advisor finds that provision of sidewalks is essential to the ability of the development to fit in with the surrounding area, and where the health, safety, and convenience of City residents is mater- ially affected. 6. Pedestrian ways or bikeways within a development will be required if all the following conditions are found a. The development obstructs a Iogica pedestrian or bike route. (Connection of cul-de-sacs, unusua ly long blocks, access to schools, parks, and so forth.) b. There is enough land so that the easement does not restrict develo'pment or normal operation of the parcel. c. ]-he way can be lighted and/or seen such that it will not be conducive to vandalism or other criminal activities. F. Easementsz streets and access. 1. Utility easements (sewers, wafer lines, cable TV, electrical lines, and other public utilities) shall be ten feet wide, and be located where necessary to serve the development. Easements for adjacent properties may be required if necessary to adequately serve those properties if such easements do~l't unduly restrict development of the lot. 2. Where a development is traversed by a watercourse such as. a drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming subsfantially with the lines of the watercourse, and such furlher width as will be adequate for the purpose. 3. Slope easements will be required when the slope required (two to one in normal soils) for required facilities extends outside the area owned or controlled by the agency installing the facilities. 4. Street dedications will be required To bring the adjacent half-street right--of-~ay up to City requirements as listed i~ the Subdivision Section o~ this Title. 5. ]'he owner of the property shall sign in favor of future street improve- ments whenever the develonment abuts a street which is not up to City standards (unimproved or partially improved). Such agreement shall run with the land and be bind!ng on future land owners. 6. Vehicle access shall comply witt~ all zoning regulations and reasonable safety regulations; and shall not have grades greater than the maximum permitted under the "Standard Driveway Design" on file at the Public Works Department. 7. Except for existing detached single-family residences, vehicular parking arrangemeni~s shall not encourage or allow for backing into public streets. 8. Methods of pedestrian access shall be provided to all developments. G. Setbacks shall be increased under the following conditions: 1. When the existing adjacen~ use is designed to specifically utilize (for example, by a preponderance of glass area) a particular view, the development will block that view, and increased setbacks will alleviate or partially alleviate the problem, then an increased setback will be required. 2. When ?here must be increased distance between buildings to allow accessibility for fire apparatus. H. On-site fire i~ydrants are required accordinq to Chapter 15.28 of the City Fire Prevention Code. I. Lighting. lighting shall not be directed onto adjacent property where such lighting is not conducive to the original design of the adjacent structure. 2. Outdoor lighting shall not exceed twelve feet in height. 3. All parking, driveways and pedestrian ways which are to be used at night shall be adequately lighted. 4. All intersections involving bikeways, pedestrian ways, and driveways shall be lighted to an adequate level. (Recognizing the inherent hazardous conditions in such intersections.) J. Procedure for ~ui~eline variation. It is acknowledged that all situations can not be addressed in an ordinance, so there will be instances webre the Commission, Staff Advisor, or applicant will wish a variation from the guidelines. Such variations shall be allowed according to the following procedures. 1. Variation from exisfin~ conditions: Before conditions can deviate from the guidelines the Planning Commission or Staff Advisor must find tha-~ all of the following conditions exist: a. There are ~ecial cii~cumstances beyond the applicant's control where strict interpretation of the guidelines would (1) result in hardship inconsistent with the purpose of the zoning ordinance or, (2) deprive the applicant of substantial property rights. b. Allowance of t~e variation will not have a substantial adverse affect on +he standards previously set forth for natural features, neighborhood, future users, City plans. c. The varia'~ion is ~he minimum change required which will alleviate the problem identified. d. The variation will not constitute a gran~ of special privilege inconsistent wi?h limitations which would be, or have been, imposed on other similar properties. K. Chanqing t_]h~_~]~_!delines; requir~n~.dditior, al conditions. The Planning Com- mission may alter the guidelines where such change is in conformance with the Site Review Chapter, all provisions of this Title, and the Comprehensive Plan. The Commission may also impose conditions in a specific case where the Site Review Chapter and Guidelines do not directly nrovide guidance though it is apparent that the intent of such regulation is reflected i~ the additional conditions. The Commission shall evaluate whether such conditions should be made part of the guidelines for application in all circumstances, and, if so, shall make such change. Land Use 8.76.010--18.76.030 Ch~apter 18~76 PARTITIONS Sections: 18.76.010 18.76.020 18.76.030 18.76.040 18.76.050 18.76.060 18.76.070 18.76.080 8.76.090 8.76.100 8.76.110 8.76.120 8.76.130 18.76.140 18.76.150 18.76.160 18.76.170 18.76.180 Proposals to be submitted. Preliminary step. Preliminary map requirements. Adminisfrative preliminary approval. Preliminary approval by the Planning Commission. Preliminary approval of flag partitions. Notification. Further lot division. Conditions may be set. Final step. Final map requirements. Acceptance of the final map. Final approval by the Secretary. Lot line adjustments. Issuance of building permits. Selling and negotiating for land. Exterior unimproved streets. Private Ways. 18.76.010 Proposals to be submitted. Proposals for minor and major land partitioning shall be submitted to the Staff Advisor. 18.76.020 Preliminary step. The applicant shall submit to the Planning Department a preliminary map of the proposed partition. 18.76.030 Preliminary map requir]n,ents.. The pre'liminary map shall have a minimum size of eight and one-half inches by eleven inches and contain the following information: A. A map describing the boundaries of all contiguous land in the same ownership. B. The date, north point, and scale of the drawing and a sufficient written description to define the location and boundaries of the particular area. C. The names, a~dresses, and phone numbers of the owner, partitioner, and (if appropriate) the surveyor. D. The location, name, and right--of-way width of all streets, alleys, and private ways. E. ]-he location and width of ali public and private easements for drainage and public utilities. F. The dimensions' (to the nearest foot) of the total area. G. The number, dimensions (to the nearest foot) and square footage of the proposed lots. I_and Use 18.76.040--18.76.060 H. The location of all existing and proposed structures on the property including structures on adjacenll properties that are within twenty-five feet of the subject lot lines. I. The approximate location of areas subject to inundation or storm water over- flow, ali areas covered by water, and the location, width and direction of ~low of all water courses. J. The names of the record owners of all land adjacent '}o the partition. K. An indication of the direction and approximate degree of slopes. 18~76.040 Administrative preliminar~proval. If the Staff Advisor determines ttaat the preliminary map of any pa~tJtion satisfies the conditions of Section 18.72.050 and consists of Iols which cannot be further divided, the partition shall be administratively considered for preliminary approval by the Director of Public: Works, the Chairman of the Planning Commission, and the Secretary -I'o the Pianning Commission, or their representatives. 18.76.050 Preliminary approval bY the Planni~n~' Commission. If the proposed partition does not appear to comply with the requirements for routine administrative approval, the preliminary map shall be submitted to the Planning Commission and approved when the following conditions exist: A. The future use for urban purposes of tt~e remainder of the tract under the same ownership will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. O. Tl~e tract of land has not been partitioned for twelve months. D. The partitioning is not in conflict with any law, ordinance, or resolution applicable to the land. E. The partitioning is in accordance with the Design and Streets Standards con- rained in the Chapter on Subdivisions. 18.76.060 Preliminary approval of flaq ~artitions. Partitions involving the creation of flag lo'rs shall be approved by the Planning Commission if the following conditions are satisfied: A. Conditions of the previous Section have been met. B. The partition ~oes not cause undue harm to adjacent property owners. C. The flag drive for one flag lot shall have a minimum width of fifteen feet, and a twelve foot paved surface. For drives serving two tots, ~he flag drive shall be twenty-five feet with fifteen feet of pavement to the back of the first lot, and fifteen feet and twelve feet, respectively, for the rear lot. Drives shared by adjacent properties shall have a width of twenty feet, with a fifteen foot paved surface. Flag drives shall be constructed so as to prevent surface drainage Land Use t8.7~.0~).--18.76.09G from flowing over sidewalks or other public ways. Flag drives shall be in the same ownership as the flag lots served. There shall be no parking for ten feet on either side of the flag drive entrance. D. Each flag lot has at least four parking spaces situated in such a manner as to eliminate the necessit.y fo- backing out. E. Curb cuts have been minimized, driveways. were possible, through i-he use of common F. Both sides of the flag drive have been s~reened with a site-obscuring fence, wall, or evergreen hedge to a height of from four to six feet except in the front yard setback area where starting five feet from the properly line tile height shall be from ~hirty to forty-two inches in the remaining setback area. Such fence or landscaping shall be placed at the extreme outside of the ~la9 drive in order to ensure adequate fire access. G. The applicant has executed and filed with ~he City Recorder an agreement between himself and the City ~or paving and screening Oi the flag drive. Such an agreement shall specify the period within which the applicant or his agent or coni-ractor shall complete the paving to standards as specified by the Director of Public Works and screening as required by this section, and providing that if he shall fail to complete such work within such period the City may cemplete "---the same and recover the full cost and expense thereof from the applicant. An agreement shall aisc provide for the maintenance of the paving and screening to standards as indicated in this section and the insurance that such maintenance shall be continued. H. A site plan has been approved by the Planning Commission. The site plan shall be approved provided the regulations of the zoning and subdivisien titles are satisfied. Such a site plan shall contai~ the map requirements listed in Section 18.76.030 and the following information: 1. The location of all proposed structures in the partition. 2. The location of driveways, turnarounds, and parking spaces. 3. The location and type of screeni.ng. I. No more than two lots are served by the flag drive. 18.76.070 Notification. On any partition where the number of lots is increased, property owners that are within two hundred feet of the exterior boundaries of ~he proposed partition shall be notified by mail at least ~en days before the application is considered for preliminary approval. 18.76.080 Further lot division. When the lots of a partition can be further divided, the Planning Commission may require a development plan for the tract of land. If the Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, they can require fu 1 compliance with all subdivision regulations. 18.76.090 Conditions may be set. Tile Pianni.ng Com,~ission or' the Staff Aov'sor may require dedication of land or easements, signing in favor of str~e-!- improve- ments, and conditions or modifications rotati.ng to improvements such ~s sidewalks, Land Use 18.76.090--18.76.110 utilities, landscaping, or other i~en,s necessary to conform to state laws, and the standards of the Subdivis!on Chapter, and the development plan for the area. In no event shall -~he Planning Commission or the Staff Advisor require greater dedications or conditions than could be required if the area was subdi¥ided. Underground utilities shall be required in connection with all land partition applications as se~ forth in Subsections 18.80.060(C) through 18.$0.060(F) of this Title. 18.76.100 Final's~. Within twelve ~non'fhs of the date of preliminary map approval, the tracm of land shall be surveyed, pins set at all corners, and a final map submitted to the Planni;~g Oepartment incorporating any conditions or modifications of the map's preliminary approval. If the applicant i~as not completed the fo~regoing within the si× month period, he must re-submit the partition for preliminary approval consideration. 18.76.110 Final Ma~_Requirem~5~_~. The map to be filed with the County Clerk shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on polyester base film having a minimum thickness of .003", 18" x 24TM. If ~uk is used on polyester base film, the ink surface shall ~e coated with a suitable substance to insure permanent legibility. An autopositive in black on polyester base film shall also be filed with the County Surveyor. A reproducible copy of the final map shall be ~iled with the City Engineer. The mad shall incorporate the following items before approval will be given: A. Title block, top and center' specifying "minor or' major partition", the partition number, City o~ Ashland, and the a~plicant's name. B. Name of 'the property owner and developer. C. Number of each lot in the partition. D. Date, Scale, and North Point (arrow) generally pointing to the top of the map. E. Basis of bearing aeterm[ned by solar observafion, polaris observation or true bearing determined from tne national Oceanic and Atmospheric Administration Survey Net (formerly Coast and Geodetic Survey). F. The name and right of way width o~ adjacent streets, alleys, and private ways. G. Irrigation and drainage easemeats. Those portions of land within the boundaries of the partitioning subject to periodic inundation wi~ich effect the in'l'ended use of the land together wilh the method or source of such determination. Also, other easements of record or conditions which affect the title of land or the use of land.. H. All s+akes, monuments, Or other evidence, found and used to eslablish boundaries of the par't'ition. Any lines or boundaries shown by approxima[ion clearly identified as such. I. Established centerlines by the City of adjoining streets. The length of all arcs, radii and central angles. Adjust all distances to ~he nearest one hundredth of a foot except on curves which may be shown closer. Adjust all bearings to ti~e nearesf ten seconds. The error of field closure shall not exceed one foot in five thousand. K. Area of each parcel expressed in either square feet or acres. Land Use 18.76.110--18.65.140 1 . MONUMEN~ AT I ON A. All monuments shall be a minimum diarne~er of 5/8" for iron pins and a minimum inside diameter of ½" for iron pipes. For concrete monuments refer to O.R,S. 92,060 as amended by Senate Bill No. 487. B. Witness corners may be set when it is impractical or impossible to set a monumen~ in ils true posFtion providing course and distance is given ho the true position, C. All monuments shall be clearly identified with the surveyor's or engineer's name or registration number. 2. CERTIFICATION OF APPROVAL BEFORE FILINO WITH COUNTY CLERK AND COUNTY SURVEYOR. A. Signature of approval on the face of the map by the Executive Secretary of the Planning Commission or his representative. Dedication of easements for utilities, and/or widening of street shall be made on 1he face of the map. Statement of dedication by owner-developer with signature attested to by notarization. C. Surveyor's certificate is to be shown with his seal and signature on the face of the map. D. Signature of approval by the City Engineer is required when dedication of streets or easements is made on the map. 3. DISCOVERY OF ERROR AND OMMiSSIONS. A. All corrections or additions on a final map shall be made in ink suitable for the material and sprayed with suitable plastic material for preservation, including those prior to recording. B. tie shall file an affidavit stating the nature of the error with the Couni-y Recorder, C. The map then'shall be corrected and initialed by the surveyor under the direction of the County Surveyor. D. The affidavid document number aad date shall be placed on the face of the map lhat is recorded. 18.76.120 Acceptance of the final ma_~_. Final maps offered for approval shall not be acce~ted if the individual or agent of a corporation being responsible for the final map is acting simultaneously as the surveyor or engineer for the applicant or developer and the entity having jurisdiction of the minor and major partitioning. !8.76.130 Final ~roval by the Secreta~r~. When the Staff Advisor determines that the final map conforms to the final map requirements and specifications and the conditions (if any) of preliminary approval, the Secretary or his representative shall date and sign the final map. 18.76.140 Lot line adjustments~ The adjustment of a lot line by 'the reloca- tion of a common boundary, where the number of parcels is not changed and ail zoning requirements are met shall be accepled by i-he City provided the require- ments of sections 18.7~090through ]8.76.130 are satisfied, in addition io section 18.76.170 where the lot adjustment causes access to be changed io an exterior unimproved street. Land Use 18.76.150--18.76.180 18.76.150 Issuance of buildinq permits. The final map shall receive final approval and pins set before the issuance of a building permit. 18.76.160 Sellin~ and ne~o~iati~.]or Ipnd. A portion or portions of a tract or area of land shall not be sold, leased, or the right of possession changed without prior final approval of a partition. However, a person may offer or negotiate to sell~ lease, or change the right of possession of any aprcel prior to the approval of a final partition map. 18.76.170 Exterior unimpoved streets and access.~, ihe following improve- ments are required for property being minor land partitioned adjacent to an unimproved street. Major land partitions shall comply with tl~e requirements of the Subdivision Chapter relating to streets. These requirements shall apply to streets which are dedicated in whole or in part, or where the Planning Commission finds that it is essential to the future development and interior access or circulation of an area for dedication to be provided. Such improve- ments pertain to only half the required right-of-way width fronting on the subject property and are to be installed at the expense of the land divider. A. The finai elevation of the street be established as specified by the Director of Public Works except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the lot's slopes shall be graded lo meet the final street elevation. B. The street be graded (cut and filled) to its standard physical width prior to issuance of building permits for construction on any new or existing pro- perty in the partition. C. Drainage ditches be provided at the probable curb and gutter location. D. Pedestrian ways (unimproved sidewalks) be pro¢ided within the street right-of-way between the drainage ditch and the property line. E. The street be surfaced with compatible and durable road material (e.g. gran- ite, if appropriate) as specified by the Director of Public Works. F. Functional, not legal, access may be obtained through use of a deeded easement where serving not more than two dwellings; and access shall meet the requ}rements for a flag drive. 18.76.180 Private Ways. Private ways may be created as provided in 18.80.030(B)(I). Land tJse 18.80.010--18.80.0L~ SUBDIVISIONS Sections: 18,80,010 t8.80.020 18.80.030 18.80.040 18.80.050 18.80.060 ~8.80.070 Proposals to be submitted. Design standards. Approval of streets and ways. Preliminary plat. Final plat. Improvements. Exceptions, variances and enforcement. 18.80.010 Proposals to be submitted. Proposals for subdivision of land shall be submitted to the Planning Commission for approval 'through the Director of Public Works. Such proposals shall conform to all provisions of 1his Chapter. 18.80.020 Desiqn standards. A. Acceptability--pr'inciples: The subdivision shall conform with any develop- ment plans and shall take into consideration any preliminary plans made in anticipation thereof. The subdivision shall conform with the requirements of state laws and the standards established by this Chapter. Streets: 1. General. The location, width, and grade of streets shall be con- sidered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by the streets. The street system shall assure an adequate traffic circulation system. Intersection angles, grades, tangents, and curves shall be appropriate for the traffic to be carried and 1o the terrain. Where location is not shown on a development plan, the arrangement of streets in a subdivision shall either: a. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or b. Conform to a plan for-the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical. Land Use 18,80.020 2. The minimum right-of-way and improvement width of streets shall not less than the folloYdng, subject 'fo provisions noted below: Type of Street Mi rlimum ri ~ht-o f-way L Improvement Width (in feet) L L L P P S be Major Arterial 80 12 Minor Arterial 60 12 12 10 Collector (1) 47 10 10 8 8 4 4 Residential (1) 47 Alie3[ (2) 20 Cul-de-Sac (3) 90 (dia~) 80 (dia.) (1) Standards variable based on specific situation. (2) Alley pavement width dependent on access needs and conditions. (3) Standard given is for basic curcular cul-de-sac without islands or parking; specific situation may necessil~te other designs and standards. L= Traffic lane P= Parking S= Sidewalk C= Curb These standards are a basic minimum. The Planrling Commission shall examine each proposal and staff reports individually, and may require other than the basic standard if special considerations, such as topography, lot shape, esthetic character of the surrounding area, or other features make it appropriate. Each proposed street development shall be accompanied by a report from the Director of Public Works and the Planning Director (or their designees), recommending street standards based on present cad future conditions of load, usage, and area characteristics. Land Use !8.80.020 10. Reserve strips: Reserve strips or street plugs controlling the access to streets will not be approved unless necessary for the protection of the public welfare or of substanhial property rights and in these cases they may be required. The control and disposal of the land composing such strips or street plugs shall be placed within the jurisdiction of 1he City under conditions approved by the Planning Commission, - Alignment: All streets as far as is practical shall be in alignment with existing streets by continuation of the center lines thereof. The staggering of street alignment resulting in "T" intersections shall wherever practical leave a minimum distance of one hundred twenty-five feet between the center lines of streets. Future extension of streets: Where necessary to give access to or permit a satisfacl-ory subdivision of adjoining land, streets shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved withou+ a turnaround. R~serve strips and street plugs may be required to preserve the objectives of street ex- tensions. Intersection angles: Streets shall be laid out to intersect at an angle as near to a right angle as practical, except where topography' requires a lesser angle. Property lines at intersections with arteria streets shall have a minimum corner radius of twenty feet and property lines at other street and alley intersections shall have a minimum corner radius adequate to allow sidewalk and utility space and a curb radius of ten feet. Existing streets: Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision. Frontage and limited access roads ma~ be required as defined in Sections 18.72.040 (L) and 18.72.040 (M) of this Title. Access to subdivision: All major n~ans of access to a subdivision or major partition shall be from existing streets fully improved to City standards, and which, in the judgment of the Director of Public Works, have the capacity to carry all anticipate~ traffic from the development. Half streets: Half streets, while generally not acceptable, may be approved when essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is sub- divided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street may be platted wil-hin such tract. Reserve strips and street plugs may be required to preserve the objectives of the half streets. Cul-de-sacs: A cul-de-sac shall be as short as possible and shall have 8 maximum length of five hundred feet. All cul-de-sacs shall terminate Land Use 18.80.020 ~i'l'h a circular turnaround unless alternate designs for turning and reversirl9 direction are approved by [he Planning Commission. 12. Street names: No street name shall be used which will duplicate or be confused with the names of exis?ing streets in Ashland and vicinity except for extensions of existing streets. Streets which are an extension of, or are in alignment with, existing streets shall have the same name as the existing street. Street names and numbers shall con- form to the established pattern for- the City and shall be subject to the approval of -lhe Planning Commission. ]3. Grades: Street grades shall not exceed the following (streets in steeper areas shall use curvilinear, contour-oriented construction): 15. ~ype of Street Arterials Collector' streets Minor streets Maximum Grade 7 percent ~0 percent 10 percent Where existing conditions, particularly the topography, make it other- wise impractical to provide buildable lot:s, the Planning Commission may accept steeper grades. In flat areas allowance shall be made for finished street grades having a minimum slope of ~ne-half of one percent. Streets adjacent to railroad right-of-way: Wherever the proposed sub- division contains or is adjacent to a railroad right-of-way, provision Ynay be required for a street approximately parallel to and on each side of sucb right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be great enough to provide sufficient depth to allow screen planting along the railroad right-of-way. Alleys: Alleys shall be provided in commercial and industrial district's, unless other permanent provisions for access to of~-street parking and loading facilities are made as approved by the Planning Commission. No unpaved alleys shall be allowed in commercial or industrial districts, nor in any residential distric-~ where the slope exceeds five percent. Alleys shall be paved to a minimum width of twenty feet. Blocks. /. General. The length, width, and shape of blocks shall be designed with due regard to providing building sites ~or the use contemplated, consid- eration of needs for convenient access, circulation, control, and safety of street traffic, and recognition of the limitations and opport- unities of topography. Sizes. Blocks shall not exceed one thousand three hundred twenty feet in length, except blocks adjacent to arterial streets or unless the previous adjacent layout or topographical conditions justify an exceptions. Block width. Blocks shall have sufficient width to provide for two tiers of lots. [and Use 18.80.020 Easements. a. Utility lines. Easements for sewers, water mains, electric lines, or o~her public utilities shall be dedicated wherever necessary. The easements shall be a minimum of ten feet in width. b. Watercourses. Where a subdivision is traversed by a watercourse such as a drainage way, channel, or stream; there shall be provided a storm water easement or drainage right-of-way conforming sub- sfantially with the lines of the watencourse, and such further width as wilI be adequate for the purpose. Streets or parkways parallel to major wafercourses.may be required. c. Pedestrian ways. When desirable for public convenience, pedestrian ways may be required to connect to cul-de-sacs, to pass through oddly-shaped or unusually long blocks, or to provide access 1'o schools, parks, or other public areas. D. Lots. 1. Lots shall meet the requirements of the zone in which the subdivision is located.' These minimum standards shall apply with the following exceptions: a. In areas that will not be served by a public sewer, minimum lot size shall be increased to conform with the requirements of the County Health Department and shall tak~ into consideration problems of water supply and sewage disposal. b. Minimum lot standards shall not conflict with City zoning s~andards. ..c. Where property is zoned and planned for industrial or business use, other standards may be permitted at the discretion of the Planning Commission. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adeqJ~a+e to provide for the off~s'l'reet service and parking facilities required by the type of use and development contemplated. 2. Access. Each lot shall abut upon a street other than an alley for a width of at least forty feet except in ~be case g~ !~)±s located upon the curved portion of cul-de-sac~or-other streets ar in the case where topography warrants narrower ~cc~e. in no case shall a lot abut upon a street for a width of less than twenty-five feet. 3. Through Iots~ Through lots shall be avoided except where essential to provide separation or residential development from major ~raf[iO arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, across which there shall be no right of access, may be required along the line of lots abutting such a traffic artery or other disadvantageous use. Through lots with planting screens shall have a minimum average depth of one hundred ten feet. 4. Lot s'ae lines. The side lines of lots, as far as practicable, shall run at right angles to the street upon which the lot ~aces. E. Lot grading. Lot grading shall conform to the following standards unless physical conditions demonstrate ~he propriety of other standards. Cut slopes shall not be s+eeper than one and one-half feet horizontally to one foot Vertically. .' 2. Fill slopes shall not be steeper ~han two feet I~orizontally ~o one foot vertically. 3.Cut slopes and fill slopes along side and rear lot lines shall he [.and Use 18,80,020--18,80,030 planted with ground cover and shrubs or trees, or by some other method approved by the Ci+y. F. Large 1or subdivision, in ~:ubdlviding tracts inffo large lots which at some future time are likely to be resubdivided, the Planning Commission may require that the blocks shall be of a size and shape, be divided into lots and conlain building site restrictions to provide for extension and opening of streets at intervals which will permit a subsequent division of each parcel into lots of smaller size. G. Land for public purl¢oses. 1. The Planning Commission may require the reservation for public acquisi- tion, at a cost not to exceed acreage values in the area prior to sub- division, of appropriate areas within the subdivision for a period not to exceed one year- providing 1he City knows of an intention on the part of the State Highway Commission, school district, or other public agency i'o acquire ~ por+ion of the area within the proposed subdivision for a public purpose, including substantial assurance that positive steps will be taken in tile reasonable iuture for the acquisition. 2. The Planning Commission may require the dedication of suitable areas for the parks and playgrounds 1hal will be required for the use of the population which is intended to occupy the subdivision. H. Landscaping. The Planning Comn~ission shall ensure that lot coverage requirements of the zoning district ar'e met appropriately, if lot disflurbance exceeds the percentage allowable, the subdivider shall submit as part of the Final Plat procedure, a landscaping plan to be approved by the Commission, and which will conform with the letter and in,on1- of the zone dislrict requirements, the slope requirements in the C~neral Regulations of this Title, and any o+her applicable sec+ion. Performance shall be assured as in Section 18.80.050 of this Chapter. I. Exceptions--large scale development. The Planning Commission may modify the standards and requirements of ii, is Chapter if the subdivision plat comprises a complete neighborhood unit, a large scale shopping center, or a planned industrial area. The Planning Commission shall determine that such modifica- tions are riot detrimental to the public health, safety, and welfare and that adequate provision is made within the development for traffic circulation, open space, and other features that may be required in fhe public interest. J. The Planning Comlnission may modify hhe standards and requirements of this Chapter where the applicant presents innovative design concepts that will assist in providing livable housing at reasonable cost. Such modification of standards shall be made only in conformance with the intent of this Chapter-, and in conformance with all applicable porl-ions of this Title. ]8,80,030 Approval of streets, Creation of streets. 1. The creation of a s~reet shall be in conformance with requirements for subdivision except thai ~he Planning Commission shall approve 'ihe creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions when any of the following conditions exist: a. The establishment of a street is initiated by the City Council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental Land Use 18.80,030--18.80.040 effect rather than the primary objective Of the street. - b. The tract in which the street is to be dedicated is an isolated ownership of one acre or less. . .... 2. In those cases where approval of a street may b~ given without full compliance with the regulations applicable to subdivision, a copy of the proposed deed shall be submitted to the City - prior to the Planning Commission meeting at which consideration is requested. The deed and such information as may be submifted shall be reviewed by the Planning Commission and, if no-I-in conflict with the design standards (Section 18. .020), shall be approved with conditions necessary to preserve these standards. Within 90 days following approval, the s~r.~t.~ball b~ surveyed, mapped, and duly recorded with the County ~e~e~. Creation of private ways. 1. Any easement of way providing access to property and which is created in order 1-o allow the partitioning of land ~or the purpose of transfer of ownership or building development, whetheh immediate or future, shall be in fhe form of a street either in a subdivision cr as provided in "A" above, except that a private way to be established by deed without full compliance with these regulations shall be approved by the Planning Commission if it is the only reasonable means of access to a landlocked parcel. Such way shall .meet all flag drive standards and shall serve no more than two lots. 18.80.040 Preliminary plat. A. Submission. The subdivider shall submit eight copies of a preliminary plat and other supplementary material as may be required to indicate the general program and objectives of the project to ihe office of ti~e Direc't~r of Public Works. The plat shall be prepared by a registered surveyor. B. Scale. The preliminary plat shall be drawn on a sheet eighteen inches by twenty-four inches in size at a scale no smaller than one inch equals one hundred feet. the the General information. The following general information shall be shown on preliminary plat: ~. Proposed name of the subdivision, which must not duplicate nor resemble the name of another subdivision in Jackson County and shall be approved by fhe Planning Commission. 2. Date, north point, and scale of drawing. 3. Appropriate identification clearly stating the map is a preliminary plat. 4. Location of the subdivision sufficient to define the location and boundaries of the proposed lract. 5. Names and addresses of the owner, subdivider, and surveyor. Exist!ng condi¢ions. The following exisi'ing conditions shall be shown on preliminary pla1': 1. The location, width, and names o{ all existing or platted streets within or adjacent ~o the tract, together with easements and other important features, such as section lines and corners, Land Use 18.80.040 and monuments. 2. Location and direction of all watercourses and areas subject to flooding. 3. Natural features such as rock outcroppings, marshes, wooded areas, and isoiated preaervable trees. 4. E×~sting uses of the property, including Iota+ion of all e×isting structures to remain on the property after platting. 5. Zoning on and adjacent to the tract. 6. Contours at an interval o? five feet. F. Land division--proposed plan. on the prelim[nary plat. 1. 2o The following information shall be included The location, width, names and approximate grades of streets, and the relationship of the streets to any projected streets as shown on any development plan adopted by the Planning Commission, or if there is no development plan, as suggested by the City to assure adequate traffic circulation. The location and purpose of easements. Ti~e location, approximat~ dimensions, and proposed lot and ~lock numbers, for all lots and blocks. Sites, if any~ allocated for purposes other than single family dwellings. G. Partial development. Where ti~e plat to be subdivided contains only part of the tract owned or control led by the subdivider, tile Planning Commission may require a Master Plan for the unsubdivided portion. H. Explanatory information. The following information shall be submitted in separate statements accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat: ]. A vicinity map, showing e×isting subdivision, streets, and unsubdivided land adjacent to the proposed subdivision and showing how proposed streets may be extended to connect with the existing streets. 2. Proposed deed restrictions, if any, in outline form. 3. Where there are slopes in excess of ten percent within the area to be subdivided, a preliminary grading plan may be required by the Planning Commission. A grading plan should show existing and finished grades on lots and streets proposed to be graded. Before grading can begin, the gradinq plan shall be approved by the Planning Commission~ which may request a review and report from the City Engineer. I. Tentative approval. 1. Within thirty days from the first regular Planning Commission meeting following submission of the plat, the Planning Commission will review the plan and may give tentative approval of the preliminary plat as submitted or as it may be modified or, if disapproved, shall express its disapproval and its reasons therefor~ 2. Approval of the preliminary plat shall ind!cate the Planning Commission's approval of the final plat provided there is no change in the plan of subdivision as shown on the preliminary plat and there is full com- pliance with the requirements of tills Title. 3. The action of the Planning Commission shall be noted on two copies of the preliminary plat, including reference to any attached documents, Land Use 18,80.040--18.80.050 describing conditions. One copy shall be returned to the subdivider and the other retained by the Planning Commission. 18.80.050 Final Plat. A. Submission. Within twelve months after tentative approval of the preliminary plat, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final plat prepared in conformance with the preliminary plat as tentatively approved. The subdivider' shall submit the original drawing, an exact or auto positive copy, five prints of the final plal, and any supple- mentary informal-ion to the City. If the subdivider wishes to proceed with the subdivision after the expiration of the twelve month period following the tentative approval of the preliminary plat by the Planning Commission, he must resubmit his preliminary plat to the Planning Commission and make any revision cons!dered necessary ~o meet changed conditions. B. Information. In addition to that otherwise specified by law, the following information shall be shown on the final plat: 1. 7'he date, scale, north point, legend, and controlling topography suh as creeks, ditches, highways~ and railroad right-of-way. 2. Legal description of the tract boundaries and the file number of the subdivision. 3. Name and address of the owner, subdivider, and surveyor. 4. Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a 'field book or map as follows: a. Stakes~ moauments, or other evidence found on the ground and used to determine the boundaries of the subdivision. b. Adjoining corners of adjoining subdivisions. c. Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this Title. 5. The exact location and width of streets and easements intersecting the boundary of the +ract. 6. lines with dimensions, bearings or deflection angles, radii, arcs, points of curvature and tangent bearings for tract, lot, and boundaries and street bearings shall be shown to the nearest ten seconds with basis of bearings. All distances shall be shown to the nearest one- hundredth feet. No ditto marks shall be used. 7. The width of the portion of streets being dedicated, the width of any existing right-of-way and the width on each side of the center line. For streets on curvature, curve data shall be based on the street center line and, in addition to center line dimensions, the radius and central angle st~all be indicated. 8. Easements denoted by fine dotted lines, clearly identified and, if already of record, its recorded reference; if an easement is not definitely located of record, a statement of the easement; the width of the easement, its length and bearing and sufficient ties to locate the easement with respect to 'li~e subdivision must be shown; if the easement is being dedicated by the map, it shall be properly referenced ~n the o~ner's certificate of dedication. 9. Lot numbers beginning with lhe number "1" and continuing consecutively without omission or duplication throughout each block of the subdivision. Land iJse 18, ~0.050 ]0. Block numbers beginning with I-he number' "1" and conlinuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Block aumbers in addi- tion to a subdivision of tbe same name shall be a continuation of the numbering in the or!~inal subdivision. 11. Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale. 72. Building setback lines, if any, are to be made a part of the subdivision restrictions. 13. The following certificates which may be combined where appropriate. a. A certificate signed and acknowledged by all parties havin9 record title interest in the land, consen+in9 to the preparation and recording of the pla~. b. A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final plat and intended for any public use, except 1hose parcels which are intended for the exclusive use of the lot owners in tile subdivision, their licensees, visitors, and servants. c. A certificate signed by the surveyor responsible for the survey and final map (the signature of the engineer or sur- veyor to be accompanied by his seal). d, All other certifications now or hereafter required by law. 14. Survey Requireraents a. Basis of bearing determined by solar observation, polaris observation or 1rue bearing determined from the National Oceanic and Atmospheric Administration Survey Net (formerly Coast and Geodetic Survey.) b, Air monuments shall be minimum diameter of 5/8" for iron pins and a minimum inside diameter of ½" for iron pipes. For concrete monuments refer to O.R.S. 92.060 as amended by Senate Bill No. 487. c. Ail monuments shall be clearly iden"iified with the surveyor's name and/or registration number. d. Witness corners may be set when it is impractical or impossible to set a monument on its true position providing course and distance is given to the true position. e. Marking interior monuments after recording of plat may be accomplished under the following conditions: 1. That an approved bond or cash deposit be furnished to the City of Ashland in an amount equal to the estimated cost of performing the work. 2. That all conditions set forth under O,R.S. 92.065 be adhered to. 15. Discovery of Error and Ommissions 1. All corrections or additions on a final map shall be made in ink suitable for the material and sprayed with suitable plastic material for preservation, including those prior to recording. 2. When an error is discovered on a recorded survey, the surveyor who made the error may make corrections providing: a, Errors shall be corrected by lining out and no erasures will be permi-I'fed. La~d Use 18.80.©50 b. He shall file an affidavit sl-ai'ing 'the nat~ire of ihe error or errors with the Cour~ty Recorder-. c. The map then shall be correcied an¢i initialed by the surveyor under the direction of the Courity Surveyor'. d. Tl~e affidavit doc~lment number and da'lc sha!l be placed on the face of the map ti~a~ is recorded. Supplemental informatioa. The following shall accompany the final 7. A subdivision guarantee or other raper1 from a title insurance piat: company which shows all of -the parl'ies who are either 1-1~e fee owners or mortgage or lien holders concerning the land 'to i)e su~)divided. Sheets and drawings si-lowing the following: a. Traverse data including the coordinates of the boundary of the subdivision and showing the error of closure, i~ any. b. -[he eomputa'l'ion of all disfl'ances, angles, and courses shown on the final map. c. Ties to existing monumenffs, proposed monument~ adjacent subdivisions, and street corners. 3. A copy of any deed reetrictiens applicable to the subdivision, 4. Plans for the disposition, developnient, and maintenance of airy common open space, inc!uding legal agreements related thereto. D. Technical review. Upon receipt by the City, the final map and other data shall be reviewed by ti~e City Engineer and S+aff Advisor who shall determine whefber the subdivision as shown is substantially the same as it appeared on the approved preliminary plat and thafl there has been compliance with provi- sions of the law and of this code. The City may make such checks in the field as are desirable to verify that the map is sufficiently correct on the ground and City representatives may enter ~he property for ~i~is purpose. If the City Engineer determines fhat full conformity has not been made, he shall advise the subdivider of ffhe changes or additions that must be made and shall afford the subdivider an opportunity to make the changes or additions. Approval. If the City,~aginee~r and Staff Advisor determine that the final plat is in full conformance with the approved preliminary plat and other regulations, he shall so advise the Chairman of the Pla~ir(g Commiss!en. The Chairman of the Planning Commission and ti~e City'£~gineer ~ay then siga the plat without further' action by the Planning Commission. If 7he final plat is not in full conformance or if the City Enginee~ elects, he shall submit the plat to the Planning Commission. If the ?inal plat is r'eferred to the Chairman of the Planning Commission for Signature witi~oui- submission to the Planning Commission, he may elect ~0 submit the plat to the Planning Commission for further reviev~. When submitted to the Planning Commissioa, approval of the final plat shall be by a majority of those present. If 'the plat is signed wilhout further revie~ by the Planning Commission, the action shall be reported to fhe Planni~g Commission by the Chair;nan of the Commission at the next regular meeting. Provided, however, mhat prior to certifying its ~pproval on the final plat~ the Planning Commission shall require the su0- divider to fill the agreement and bend or make -the deposit required in tl~is Section, F and G below. Land Use 18.80.050 F. Agreement for improvements. Before Planning Commission approval is certi- fied on the final map the subdivider shall alt:her install required improvements or sha!l execute and file with the City Recorder afl agreement between 'himself and 1-he City, specifying the period within ~n~ch he or his agent or contractor shall complete all i~provement work reduired by or- pursuant to this Title, and providing that if lie shall 'fail to complete such work within such period the City may complete the same and recover the full cost and expense thereof from 1he subdivider. The agreement shall also provide for reimbursement of the City by tile subdivider for the cost of inspection by the City Engineer. Such agree~nt may also provide for tho construction of -lhe improvements in units, for an extension of time under conditions therein specified, and for the termination of ti~e agreement upon the completion of proceedings under an assess- ment district act for the construction of improvements deemed by the City to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider-. The time period for completion shall not exceed eighieen months for a subdivision or one of not more than throe phases of a subdivision, each containing no fewer tharl tweniy units. Following expiration of the allowed time period, failure to complete may be met by the City completing the work as specified above, or' by voiding of the final plat. The course chosen shall depend on the stage of completion, if any, and the nature of the surrounding area. The decision regarding completion or' plat voiding shall be made by the Planning Commission. Bond. 1. The subdivider shall file with 1he agreement, to assure his full and faithful performance thereof, one of the following: a. An ilrevocable letter of credit payable to the City in 'l-he event the agreement for improvements is not perfor,'ned. b. A surety bond executed by a surety company authorized to transact business n tile state. c. Cash. 2. Such assurance of fui and ~[±bful performance shall be for a sum approved by the City Administrator as sufficient to cover the cost of said improvements, ~n~i~seri~, inspection, and incidental expenses, and to cover replace~ent and repair of existing streets and other public improvements dan~aged in th~ deYe]oDment of tile subdivision and must be approved by the Ci?y Attorney as to form. Land Use 18.80.050--18,30.060 o In the event ~he subdivider fails to complete all improvement work in accordance with the provisions o~ this Title, and the City has com- pleted same~ or if the subdivider fails to reimburse the City for the cost of inspection, engineering, and incidental expenses, and to cover cost of replacement and repair' of existing streets or other improvements damaged in the development of the subdivision, the City shall call on the surety for reimbursement~ or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond or cash deposit exceeds all cost and expense incurred by the City, it shall release the remainder of such bond or cash deposit, and if 'the amoun~ cf the surety bond or cash deposit is less than ffhe cost and expense incurred by the City, the subdivider shall be liable to the City for" such difference. H. Filing. The subdivider she!i, ~iThout delay, submit the final plat for signatures of ether public officials required by law. Approval of the final plat is null and void if the plat is not recorded within sixty days after the date the last required signature has been obtained. ]8.80.060 Lin, p r ovemen'l-s. A. Improvement procedure. In addition to other requirements, improvements installed by the subdivider either as a requirement of tl~ese regulations or at his own option shall conform to the requirements of this Title and improve- ment standards and specifications followed by the City. The improvements shall be installed in accordance with the following procedure: 1. ~erk shall not begin until plans have been checked for adequacy and approved by tl~e City. To the extent necessary for evaluation of the subdivision proposal, the plans may be required before approval of the final map. 2. ~ork shall not begin until the City has been notified in advance, and i'f work has been discontinued for any reason, it shall not be resumed until the City I~as been notified. 3. Improvements shall be constructed under the inspection and to the satisfaction of the City. The'City may require changes in typical sections and details if unusual conditions arise during construction to warrant the change in the public interest. 4. All underground utilities, sanitary sewers, and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sani- tary sewers shall be placed to such length as will obviate ~he nec- essity ~or' disturbing the street improvements when service connections are made. 5. A reproducible map sho~i,~ a-!! public improvements as built shall be filed with the Cit~ Administrator u~on completion of said improvements. B. Improvement requirements. Improvements to be installed at the expense of the land divider are as follows: ]. Interior s~reets. All interior- streets shall be graded for' the entire right-of-way width, and roadways shall be improved with paving, curbs, gutters, and drainage. The subdivider ~hall improve the extension of all subdivision streets to the center Ii. ne of existing streets with which subdivision streets intersect. 2. Exterior unimproved s~reets, When part of a proposed subdivision or major land partition abuts an existing unimproved street, the property owner or his representa~ive shall satisfy the minor land partition improvement requirements and sign an agreement in favor of improving Land Use 18.80.060 8. 9. said street n the fu]ure 1-o full City standards as outlined in this Section. Structures. Structure~ specified as necessary by the CiTy, for drain- age, access and public safety shall be installed. Sidewalks. Sidewalks may be required on one or both sides of the street at the discretion of the Planning Commission. Such requirement shall be related to the general level and type of development in the area, the anticipated level of pedestrian traffic, and the safety and con- venience of children and other pedestrians. Improvemeats to be installed or provided by subdividers include all items required by the Director of Public Works at tF~ time of the sub- divider's plat and construction plan and specification approval. Sewer~. Sani-iary sewer facilities including laterals connecting with the existing City sewer system shall be installed to serve each lot. No septic tanks or cesspools will be permitted within the Ci'ly. Storm water sewers shall be installed as required by the City. Water, Water mains and services, fire hydrants of design, layout, and locations approved by the Director of Public Works as conforming to Ci1¥ standards shall be ins'lalled. Street trees. Street trees may be required by the Planning Commission and shall conform with a City street tree plan or specific requirements of the Commission relating to tree type, size aad spacing. Landscaping on lots where the allowable percentage of lot disturEance has been exceeded. Monuments. Upon completion of street improvements, monuments shall be re-established and protected in monument boxes at every slreet interaection and at all points of intersection, or al- all points of curvature and points of tangency of street center lines. Underground ulilities-~required. All on-site utility lines, including bu~ not limited to~ electric, communications, street lighting, and cable tele- vision, shall be installed underground; except as provided in "D" below. For the purpose of this section, appurtenances and associated equipment ~uch as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, terminations for concealed ducts in ~n underground system, and street lighti~lg structures and fixtures may be placed above ground. This section does not apply to utility lines which do not provide service to the area being subdivided. Underground utlities--exceptions. Minor land partitions shall not be required to provide underground utilities, provided that all new service for residential uses shall have installed a service panel and s~ubbed conduit to convert to underground utilities at a future date. Underground utilities--costs. The developer- shall deposit with the City, the total estimated costs of new service and on-site distribution facili- ties in new subdivisions and mobile home parks except trenching, back- filling and any required conduit in place, which costs shall be the responsibility of the developer. The ufiiity shall install the required facilities and shall keep an accurate accouating of all costs. Upon com- pletion of the work, the utility shall render a statement of costs tn the developer including a refund if the project cost is less than the amount Land Use 18.80.060---18.84. on deposit, or a billing for an additional deposit if the project cost exceeds the a~unt on deposit. The developer shall then have the option of selecting either' of the following cosk recovery plans; 1. The developer may enter' into an agreemenff with the utility for a refund of the per lot costs of electric service at the 'time of application for service in accordance with tile following schedule: a. Within one year of the furnishing of the statement of costs by the utility, one hundred percent. b. Within two years, eighty percent. c. Wi~hiu three years, sixty percent. d. Within four year's, forty percent. e. Within five years, twen+y percent. f. After five years, no portion thereof is refundable. 2. !n subdivisions on!y, the developer may submit an application wi'lhln thirty days for bonding severty-five percent of the costs thereof under tile Bancroft Bonding Act and Article IX, Section 3 of the Ashland City Charter, no part of which is refundable. The remaining twenty-five percent of tile costs shall be refunded to the developer in accordance with the schedule set forth in number ] above. F. Underground utilities--rules and regulations. The Comr~)n Council may, by resolution, ~dopt rules and regulations governing the installation and a!loca-- lion of costs for underground utility extension within residential subdivisions. Such rules and regulations shall not supersede the jurisdiction of the Public Utility Commissioner or duly filed tariffs of utilities or be inconsistent with ORS 758.2]0 to 758.270 relating to conversion of aerial to underground service. G. Safety street lighting. Safety street lighting shall be provided by the developer in new subdivisions and in private developments of five acres or more. Developer shall bear all costs except wiring, maintenance and energy. Ail street lighting improvements shall be installed to the satisfaction of the electric superintendent in accordance with the specifications on file in his office. The amount and'intensity of illumination provided for street lighting shall be in accordance with the standards established by the Illuminating Engineering Society, American Standard Association, as approved by the Electric Superintendent. Cha_j?ter 18.84 MOBILE HO~ES Sections: 18.84.010 18.84.020 18.84.030 18.84.040 18.84.050 18.84~060 Purpose. C~neral provisions. Design standards. Storag~ and temporary occupancy of mobile homes. Non conforming mobile home courts. Licensing )rocedurc. Land Use 18.84.070--]8.8,!.030 18.84.010 ~P~u~r~¢'::'se' Tile purpose of this Chapter is to encourage the mosf appropriate use of land for' mobile hi,me court purposes; to encourage design standards which will create pleasiag appear'ances; !o provide sufficient open space for light, air, and recreation; to provide adequate access to and parking for mobile home sites; to refer minimum utility service facilities to approp- r'iate City codes; to aid in sectoring safety from fire and ofher dangers; and to conserve and stabilize the value of property; and in general to promote 'lhe public health, scfety, a~d genena! wel~ale. !8.84.020 General provisions. A. No person sbalt establisb, operate, manage, maintain, alter or enlarge any mobile honle court contrary to the previsions of this ordinance. B. All ('bile homes occupied by persons for dwelling purposes and intended as resi0)~ces shail be iecated within mobile home courts. C. In additioa to the requirements of this Chapter, ali mobile home courts sl~all conform to the regulations of ORS Chapter 446, together with such admin- istr'ative rules as may be adopl-ed from time to time, except where such regula- tions are exceeded by the requiremenfs of this Chapter, in which case the more stringent requirements shall apply. D. ,Vobile home courts sl~all be subject to regulations of this Chapter and shall be located only on sites approved -for use under the provisions of such Chapter. 18.84.030 Des_!gn standards. A. Minimum court size. A mobile home court shall occupy a site of not less than two acres in area and shall provide facilities for not less than fifteen mobile homes. B. Density. The maximum density permitted shall be 10 mobile homes per acre of developed cot]rt area. C. M~bile home sites. Not less ~han fifty percent of ti~e mobile home sites wifhin a court shall be at least forty-'five feet in average width aad at least seventy feet in average length. No I/~bi!e home site shall be less than thirty-five feet ill average width and s!xty feet in average length. D. Roadways. Ail roadways shall be paved with a permanent material and shall have a ~linimum width of twenty feet where parking is prohibited; twenty-eight feet minimum is required when parking !s provided on one side; thirty-six feet minimum is required when parking is provided on bolh sides. E. Parking areas. Provisions shall be laade for not less than one paved off- road parking space on or adjacent to each mobile home site and a total of not less than two paved parking spaces per each mobile home site shall be provided within the court.. A parking space shall not be less than nine feet by twent-y feet. Land Use 18,84.030--18.84.050 F. Recreation area. In addition 'fo the space devoted to each mobile home site, there shall be an area, or areas, consisting of at least two hundred square feet per trailer site, devo'ied exclusively to recreational purposes. Each recreation area shall have not less than 4,000 square feet of space of such design as to permit efficient utilization. G. Landscaping and fencing. Landscaping and fencing shall conform to the following requirements: 1. All areas of a court not occupied by paved roadways or pathways, and not otherwise occupied by court facilities, shall be landscaped. 2. Mobile hom~ sites alonj lhe exterior boundaries of a court shall be so designed that any part of a mobile home shall be set back at least twenty feet from a public street and at least five feet from any other property line. H. Utilities. Provision for electric, water, and sanitary service siaall be made in accordance with established City procedures and law, including number, size, quality and location of fixtures, connections and facilities. Telephone arid electric lines shall be placed underground. 18.84.040 Storage and temporaEy occupancy ~f mobile homes. A. Nothing in this Chapter shall be deemed to prohibit the storage of any mobile home 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 tt~e yard requirements for accessory buildings in this Chapter. B. No mobile home shall be stored on a public street excep~ for temporary maneuvering purposes. C. Temporary occupancy of a mobile home as a residence on the premises of a residence which premises do no~ meet the requirements of this Chapter for a mobile home court, may be permitffed for' a period not to exceed thirty calendar days uporl the granting of a permit by the City Building Inspector. Said permit shall not be renewable within a six month period beginning at the first date of issuance, except with approval of the City Planning Commission. 18.84.050 Non-conforming mobile home courts. A mobile home court, and an individual mobile home utilized for living purposes on the effective date of this ordinance or of amendments thereto, which does not conform to the regulations of this Chapter, shall be deemed to be non-conforming and may be continued,' subject to the following regulations: A. Routine maintenance and repairs may be performed within the mobile home court or upon individual mobile homes. B. No non-conforming mobile home court shall be enlarged, remodeled, or ~der'nized except in conformance with all requirements of this Chapter, except that an area of less than two acres ~or a court to be enlarged, modeled or modernized may be approved through the variance procedure contained within this Chapter. Land Use !8.84.050--18.88.030 C. No mobile home shall be located on tbe siffe of, or substituted for, a non-conforming mobile home, the use o~ which has been discontinued, except within a mobile home court holding a certificate of sanitation issued by the Board of Health, State o'f Oregon, issued prior to the effective date of this Chapter. D. If a non-conforming irobile home court holding a certificate of sanitation issued by tile ~oar-d of Health, Staffe of Oregon, ceases operation for a period of six months or mm)re, said court sl~all be considered abandoned, aad sha!l be reinsiluted only in conformance with the requirements of this Cilapter. ~hapter 18.88 PLANNED dNi'f DEVELOPMENT Sections: 18.88.0i0 18.88.020 18.88.030 18.88.040 18.88.050 18.88.060 18.88.070 Purpose. Alternatives. Parent Zone Requirements. Ownership. Site and design review. Approval process. Findings. 18.88.010 Pur[~ose. The Planned Uni-f Development provision is designed to produce innovative, esthetically pleasing housing and to allow building options which result in housing at lower than average costs for similar dwel-ing types. The intent is to help the pressing housin9 needs in a time of rapidly rising costs of land, labor and materials throt, gh cooperative design efforts between developers and the City. 18.88.020 Alterllatives. PUD development may be in the form of a mix of use types (single-family, duplex, multiple-family), or one may predominate. Commercial uses may be incorporated to serve the immediate area. The emphasis shall be on innovafive, energy efficient design, within a cohesive overall design frameuork including provision of adequate common open space. The PUD Overlay zane is applied in single-family zones where services, access, and quantily of vacant land are suitable. The Overlay is intended to encourage moderate cost housing combined with imaginative, esthetically pleasing design as an al!ernative to the standard subdivision or the application of tl~e higher-density R~2 or R-3 zones. 18.88.030 P- -~ . orent Zone -Re~]~rements. Densities shall be calcula]'ed by dividing the gross si~e square footage by the allowable units/acre density of the parent zone, thereby creating a densifv incentive, as street areas are not included in the o,.,e~rall requiremen-i's. None of ~be standards relatin~ to yard setback ~reas shall app,y. Where the PUD Overlay is applied, units/acre density may b~ as greaP as 150% th.~ allowable density of the parent zone. The additional Land Use 18.88.030--18.92 50% is intended !-o function as a density incentive. 18.88.040 Ownership. All units in a given development shall be built by the owner-developer and may remain under one ownership or may use combinations of ownership of land and structures provided that no less than ]0% of the gross lot area (in addition to coverage and landscaping requirements) is maintained in common open space and is developed and maintained as either active or passive recreation area. 18.88.050 Site and desi~LE review. All structures and development feaLures shall be subject to the provisions of the Site Review Chapter in addition to the provisions of this Chapter. Additionally, to ensure that the inient of this Ct~apter is fulfilled in relation fo design, all developments shall be carefully reviewed by the Planning Commission both for internal integrity and relation to tile surrounding neighborhood. Review of structure design shall be conducted in relation to materials, color, texture, shape, bulk and other design features relating to overall architectural design and appearance. 18.88.060 Approval process. PUD app,'oval shall be understood to be discretion.- ary on the part of the Planning Commission due to the highly individual nature of each proposed development and its site. The Commission may require sucl~ alteration in the proposal as it deems necessary to fulfill the intent of this Chapter. Proposals will be forwarded to the Commission only when mateFiels submitted are complete and of sufficient clarity and accuracy to facilitate Commission review. The Staff Advisor to the Commission will take all steps necessary to encourage PUD development and approval, recognizing the importance oF alternative design to housing provision. Plat submittal and approval and required contents shall be as provided in ~he Subdivision Chapter with building design material submitted separately. Such building design drawings shall also be approved in the manner of subdivision plats and shall become a binding part of the approval. The Commission may impose reasonable time periods for phasing and construction of the development, requiring assurance of capability on the part of the applicant. 18.88.070 Finding~_~ With his application, the applicant shall submit fln~!ngs demonstrating how the site and structural design features meet the intent of the Comprehensive Plan and this Chapter, arid minimize any potential negative impacts on the surrounding neighborhood or the City as a whole. Tile Plannin9 Commission shall approve a Planned Unit Development applicatioi~ only if it thoroughly meets Ll-,e requirements of this Section. Ch_Q~_pter 18.92 OFF-STREET PARKING Sections: 18.92.010 Off-st'reet parking--generally. 18.92.020 Spaces required. Land Use 18.92--18.92.020 18.92.030 18.92.040 18.92.050 18.92.060 18.92.070 18.92.010 Limitations--location--use of facilities. Design r'equirements. Construction. Alteratiorls--enlargements. Loading facilities. Off-street parkinq--~enerally. In all districts, except those spec- ifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this Chapter. 18.92.020 Off-stre~t parking--spaces require~. Use Standard Residential uses. 1. Single family dwe lings 2. Multiple family dwellings Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories 4. Hotels 5. Motels 6. Mobile home parks 7. Planned Unit Developments Two spaces per dwelling unit. ONe and one-half spaces per one bedroom unit; one and three-fourths spaces per two bedroom unit; arid two spaces per three or more bedroom unit. 'Two spaces for each three guest rooms; in dormitories, 100 square feet shall be equivalent to a guest room. One space for each two guest rooms. One space for each guest room, plus one space for the owner or manager. One space on each trailer site, plus one space per site for guest parking in a convenient location. In addition to the requirements set forth above for dwelling units, one space per two units for guest parking may be required by the Planning Commission. Commercial uses 1. Auto, boat or trailer sales, retail nurservies and other open space uses 2. Bowling alleys 3. Business, genera! retail and personal services One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus one space per 5,000 square feet for the excess over ]0,000 square feet of gross land area, or one per two employees, whichever is greater. Three spaces per alley, plus addifional spaces for auxiliary activities set forth in this Section~ a. General--one space for 300 square feet of gross floor area. Land Use ]8.92.020 Chapels and mortuaries 5. Offices Restaurants, bars, ice cream parlors and similar uses 7. Skating rinks Theatres, auditoriums, stadiums, gymnasiums, and.similar uses Industrial uses. 1. Industrial uses, except warehousing 2. Warehousing 3. Public utilities (gas, water, telephone, etc.) not including business offices Institutional and public uses. 1. Child care centers 2. Churches b. Furnifure and appliances--one space per 500 square feet of gross floor area. One space per four fixed seals in l'he main chapel, and for every twenty-eigh~ sq~are feet of seating area where there are ~o fixed seats; plus one space for each two emNIoyees. a. General and professional, one space .for each 300 square feet of gross floor area. b. Medical and dental, one space ~or each 200 square fee~ of gross floor area. One space per four fixed seats and for every twenty-eight square fee~ of seatiag area wi~ere ~here are ao fixed seats, plus one space per two employees on the largest shift; a minimum of ten spaces is required. One space per twenty-eight square feet of rink area, plus one space per four fixed seats and for every twenty-eight square feet o~ assembly area where there are no fi×ed seats. One space per four fixed seats and for every twe~ty-eigh~- square feet of seating area where there are no fixed seats, plus one per two employees; a minimum of ten spaces is required. One space per two employees on the largest shift or for each 500 square feet of gross floor area, whichever is greater, plus one space per company vehicle. One space per 1,000 square feet of gross floor area or for each two employees, whichever is greater, plus one space per company vehicie. One space per two employees on the largest shift, plus one space per company vehicle; minimum of two spaces required. One space per two employees; a minimum of two spaces is required. One space per four fixed seats, and for every twenty-eight square feet of seating area in ~he main auditorium where there Land Use 18.92.020--18.92.030 Golf courses, except minature 4. Hospitals 5. Nursing and convalescent homes 6. Rest homes and homes for the aged 7. Schools, elementary and junior high 8. Schools--high schools Colleges, universities and trade schools are no fixed seats. Eight spaces per hole, plus additional spaces for auxiliary uses set forth in this Section. One and three-fourths spaces per patient bed. One space per three patient beds. One space per two patient beds. One and one-half spaces per classroom, or the requirements for public assembly areas as set forth herein, whichever is greafer. One and one-half spaces per classroom, plus one space per ten students the school is designed to accomodate, or the requirements for public assembly areas as set forth herein, whichever is greater. One and one-half spaces per' classroom, plus one space per five students the school is designed to accomodate plus requirements for on-campus student housing. E. Unspecified uses. Where parking requirements for any use are not specifi- cally defined in this Section, such requirements shall be determined by the Commission based upon the most comparable use specified herein. 18.92.030 Off-street parking--limitations--location--use of faci ities. A. Location. Excep~ for single and two family dwellings, required parking facilities may be located on an adjacent parcel of land, or separated only by an alley, provided said adjacent parcel is maintained in the same ownership as the use it is intended to serve. Except in the heavy industrial district, required parking shall not be located in a required front and side yard setback area abutting a public street nor in any side yard of less than twenty feet. The Commission may approve parking on land not adjacent to the use it is intended to serve, if said parcel is under the same ownership, and is within two hundred feet of the use it is intended to serve. B. Mixed uses. In the event that several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirments for the several uses computed separately. The Planning Commission may reduce the total requirement for mixed uses by not more than fifteen percent. C. Joint use of ~acilities. Required parking facilities of two or more uses, structures, or parcels of land, may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators Land Use 18.92.030--18.92.040 that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or silail'ar written instrument establishing such joint use. D. Availability of facilities~ Required parking shall be available for parking of operable passenger vehicles of residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. 18.92.040 Off-street parkin~req~irements. A. Size and access. Ali required parking areas shall be designed in accordance with the parking layout chart at the end of this Chapter. All parking spaces shall be a minimum of nine feet by twenty feet and shall have a twenty-four foot backup space except where parking is angled. B. Driveways and turn-arounds. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall have a minimum width of nine feet, a shared driveway serving two units shall be twelve feet. 2. Except for a single or two family dwelling, groups of more than two parking spaces per lot shall be provided with adequate aisles or turn-around areas so that ali vehicles may enter the stree~ in a forward manner. 3. Except for a single one or two-family dwelling, ~re than two parking spaces shall be served by a driveway designed and constructed to facilitate the flow of traffic on and off the site, witt~ due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined~ in no case shall two-way and one-way driveways be less than twenty feet and twelve feet respectively. C. Vertical clearance. Driveways, aisles, turn-around areas and ramps shall have a mini'mum vertical clearance of twelve feet for their entire length and width. D. Vision clearance. Service drives to public streets shall have a minimum vision clearance area formed by the intersection of the driveway center line, t5e street right-of-way line, and a straight line joining said lines through points twenty feet from their intersection. No obstruction over forty-two inches in height with a cross section over twelve inches shall be permitted in such area. in all Development and maintenance. Such development and maintenance shall apply cases, except single and two family dwellings: Paving. All outdoor vehicle sales and parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphaltic or comparable surfacing, constructed to standards on file in the office of the City Engineer. 2~ Drainage. All outdoor vehicle sales areas and parking area, aisles and turn-arounds, shall have provisions made for the on-site collection of drainage waters to eliminafe sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property. Land Use ]8.92,040--]8.92.050 3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. In the event that a street is not paved, this is not necessary until the street is paved. 4. Marking. All spaces shall be permanently and clearly marked. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width, and six ~eet in length; shall be firmly attached to the ground, and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. 6. Walls and hedges. a. Where parking abuts upon a street, a decorative masonry wall or evergreen hedge screen of thirty to forty-two inches in height shall be established parallel fo and not aearer than five feet from the right-of-way line. Screen p!anting shall be of such size and number to provide the required screening within twelve moaths after installation. The area between the wall or hedge and street line shall be landscaped. All vegetation shall be adequately main- rained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. b. In all zones, except single family zones, where parking facilities or driveways are located adjacent to residential or agricultural zones, school yards, or like institutions, a site-obscuring ~ence, wall, or evergreen hedge not less than five feet nor more than six feet high shall be provided on the property line as measured from the high grade side. Said wall, fence or hedge shall be reduced to thirty to forty-two inches within required setback area, or within ten feet of street property lines, and shall be maintained in good condition. Screen plantings shall be of such size and number to provide the required screening within twelve months a~ter installation. Adequate provisions shall be made to protect walls, fences or plant materials from being damaged by vehicles using said parking area. 7~ Landscaping. In all zones, except single family and R-2 zones, all parking facilities shall include landscaping to cover not less than seven percent of the area devoted to outdoor parking facilities, in- cluding the landscaping required in subdivision 6a ~bove. Sa~d land- scaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities, and protective curbs or raised wood headers, it may consist of trees, plus shrubs, ground cover or related material. 8. Lighting of parking areas within one hundred feet of property in residential or agricultural zones shall be by maximum ten foot high down--type light standards, and shall be directed into or on the site and away from property lines. 18.92.050 Off-street parking--construction. The required parking facilities, including design standards, shall be installed prior to a release of a certificate of use and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. However, the Building Official may, unless otherwise directed by the Planning Commission or Staff Advisor, release a temporary certificate of use and occupancy and a temporary release PARALLEL 30e 45° PASSENGER VEHICLE RIGHT TURN DESIGN 20' 24' 20' 64' 45° OVERLAPPED 45° HERRINGBONE PARKING LAYOUT I ~_, Land Use 18.92.050--]8.96 of utilifies before the installation of said facilities provided (1) there is proof that the owner has entered into a contract with a reputable installer for the completion of the parking including design standards, with a speci- fied time aad ~hat there remains nothing for the owner to do prfor to install- ation~ or (2) the owner has posted a satisfactory performance bond to insure the installation of said parking facilities within a specified time. J8.9.~.O6p_ Of.f-str~et_~0arki~--altera~ions--enla~_Egements. The required parking facilities shall be constructed wilen an existing building or dwelling is altered or enlarged by the addition of creation of guest rooms or dwelling units; Qr when a use is intensified by the addition of floor space, seating capacity, or change in use. 18.92.070 Load~nR facilities. The following provisions apply to required loading facilities: A. The minimum area required for commercial and industrial loading spaces is as follows: 1. Two hundred fifty square feet for buildings of five thousand'to twenty thousand square feet of gross floor area. 2. Five hundred square feet for buildings of twenty thousand to fifty thousand square feet of gross floor area. 3. Seven hundred fifty square feet for buildings in excess of fifty thousand square feet of gross floor ar~a. B. The minimum required loading area shall not be less than ten feet in width by twenty-five feet in length, and an unobstructed height of fourteen feet. O. Required loading areas shall be screened from public view, from public streets or adjacent properties. D. The required loading facilities, including design standards, shall be installed prior to release of a certificate of use and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. Chapter 18.96 SIGN REGULATIONS Sections: 18,96.010 18.96.020 18.96.030 18.96.040 18.96.050 ]8.96.060 ~8.96.070 18.96.080 Purpose. Definitions relating to signs. Exempted signs. Prohibited signs. Classification of signs. Sign p~rmits, fees and inspections. General sign regulations. Residential districts. Land Use ]8.96.--]8.96.020 18.96. 090 18.96.100 18.96.110 18.96.12[) 18.96. 130 18.96. 140 18.96.150 18.96. 160 Commercial-downtown, district. Commercial and industrial districts. Freeway sign zones. Abandoned signs. Abatement of nuisance signs. Abatement of billboard and off-premise advertising. Construction and maintenance standards. Enforcement. ]8.96.010 Purpose. This Chapter shall hereafter be known and designated as the "Sign Ordinance of the City of Ashland", and is adopted in recognition of the important function of signs and the need to safeguard and ehance the econ- omic and aesthetic values in the City of Ashland through the regulation of such factors ~s size, number, location, illumination, construction and maintenance of signs; and thereby safeguard the public health, safety and general welfare. 18.96.020 Definitions relat]?g to signs. A. Alteration shall mean any change in the size, shape, method of illumination, position, location, construction or supporting structure of a sign. B. Area shall mean the area included within the outer dimensions of a sign. In the case of a multiple-faced sign, the area of each face shall be included in determining sign area, excepting double faced signs placed no more than twenty-four inches back to back. C. Billboard shall mean a sign which adver-iises a business, commodity or activity which is sold, offered or conducted other than on the premises where such sign is located, and which may be sold, offered, or conducted on such premises only incidentally, if afl- all. D. Bulletin board shall mean a sign of a permanent nature, but which accomodates changeable copy, indicating the names of persons associated with, events con- ducted upon, or products or services offered upon, the premises upon which sign is located. E. Bus~ness. Commercial or industrial enterprise. F. Business frontaqe, shall mean the lineal front footage of a building or portion thereof, devoted to a specific business or enterprise, and having an entrance/exit open to the general public. G. Construction sig~ shall mean a sign stating the names, addresses or tele- phone numbers of those individuals or businesses direclly associated with a construct-ion project on the premises. H. Direct illumination shall mean a source of illumination on the surface of a sign, or 'from within a sign. I. ~las.h.i~q~s.iR.n'shall mean a sign incorporating intermittent electrical impulses to a source of illumination, or revolving in a manner which creates the illusion of flashing, or which changes color or intensify of illumination. Land Use }8.96.020---18.96.030 .I. Fronta_~g~e_ shall mean the single wall surface of a building facing a given direct ion. K. Indirect illumination sha I mean a source of illumination directed toward such sign so ti~at the beam of light falls upon the exterior surface of the sign. L. N_.eighborhood identification shall mean a sign located on a wall or fence at the entry point to a single family subdivision comprising not less than two acres, or a sign identifying a multiple-family development of ten or more dwelling units. M. Parcel or premises shall mean a lot or tract of land under separate ownership, as depicted upon the county assessment rolls, and having frontage abutting on a public street. N. Real estate sLG~ shall mean a sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent. O. Sig.n shall mean any writing (including letter, word or numeral); pictorial presentation (including illustration or decoration); emblem (including device, symbol or trademark); flag (including banner or pennant); or any other device, figure or similar thing which is a structure or any part thereof, or is at- tached to, painted on, or in any other manner represented on a building or structure or device; and is used to announce, direct attention to, or advertise; and is visible from outside the building or structure. P. Stre~et frontag.e, shail mean the lineal dimension in feet of the property upon which a structure is built, each frontage having one street frontage. Q. Wind s~i~ or device shall mean any sign or device in the nature of a series of two more more banners, flags, or other objects, fastened in such a manner as to move upon being subject to pressures by wind or breeze. 18.96.030 Exempted signs. The following signs and devices shall not be subject to the provisions of this Chapter: A. Signs placed by the City of Ashland. B. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet. C. Flags of the National, State or Local Government. D. Signs within a building, provided the same do not primarily identify the business to persons outside the building. E. Temporary political signs not exceeding four square feet, provided the signs are erected no more than thirty days prior to, and removed within seven days following, the election for which they were intended. F. Temporary nonil!uminated real estate (no more than one per tax lot) or construction signs not exceeding six square feet in residential areas, or Land Use 18.96.030--18.96.040 twelve square feet in commercial and industrial areas, provided said signs are removed witbia fifteen days from the sale, lease or rental of the property, or within seven days of the complel'ion of the project. G. Temporary signs for new businesses, when authorized by the Staff Advisor for a period riot to exceed ninety days. H. Temporary advertising displays for grand openeing not exceeding seven days when authorized by the Staff Advisor and for special City events when authorized by the City Council. Signs shall not exceed forty square feet in size. I. Nameplates indicating the name, address or profession of the occupant, not exceeding one square foot. J. Small convenience signs displayed strictly for direction, safety or con- venience of the public, including signs which identify restrooms, public tele- phones, parking area entrances and exits, freight entrances, and credit card signs, provided said signs do not exceed two square feet in area per sign, nor more than four in number on any parcel of property. K. Temporary paper signs placed upon a window in conjunction with a non- residential use, when such signs do not obscure more than twenty percent of such window area, and are maintained for a period not exceeding seven days. L. Graphic designs on a building facade, which are at least four times the size of the primary sign on the frontage, and which are intended for esthetic enhancement, and are in no way representational of, nor-intended to adver~ise~ the business or occupancy within the structure. Such designs shall be subject to Section 18.96.060(A) and 18.96.060(D). 18.9E.040 Proh,i,bi~ed~. A. No billboard or other off-premise advertising sign, moveable sign, temporary sign, bench sign, wind sign or device, or captive balloon shall be permitted, except as may be provided in Section 18.96.030 heneof entitle "Exempted Signs". B. No flashing signs shall be permitted. C. No sign shall have or consist of any moving, rotating or otherwise animated part. D. No three-dimensional statue, caricature or representation of persons, animals or merchandise shall be used as a sign or incorporated into a sign structure. E. No public address system or sound devices shall be used in conjunction with any sign or advertising device. F. No roof sign or sign placed on ~he roof of marquees shall be permitted. G. No exposed sources of illumination shall be permitted, including but not limited to neon or fluorescent tubing, incandescent bulbs, except when a sign Land Use 18.96.040--18.96.050 is internal ly il luminated or fhe source of from public view. lumination is fully shielded H. No ground signs in excess of five feet in height shall be permitted except in the C-4 district. I. No internally illuminaled sign shall be permitted which, when lighfed, appears to be giar'ing a pure white, causing a dangerous and displeasing effect on n~?orists and pedestrians. J. Any ground sign, the support or base of which is less than one-third the dimensioo (in any horizontal plane) of the sign face, except in the C-4 district. K. Signs which use plastic as part of the exterior visual effects, i~ the downtown commercial district. ]8.96.050 Class~ifi~ation. of si~s. All signs shall be classified in the following categories: A. Ground sign. A sign which is wholly or partially supported by a structural element placed permanently in tile ground, including pole signs, free-standing signs or pylon signs. B. Wall s!gn. A sign which is affixed to or painted upon a wall or window of a building with the display surface of the sign in a plane parallel to said wall. Wall signs may be placed on independent decora]ive eaves (sometimes called false n~ansard roofs), if the sign conforms to all other wall sign reg- ulations, the sign does not exceed an area of twenty-five percent of the facing on which i-i is placed, the pitch is ~welve inches to twenty-four inches or greafer, and the sign is separated from fhe interior of the building by a one-hour fire wall. Land Use 18.96.050 C. Projecting sign. A sign which projects from and of a building, with the display surfaces of the sign parallel to said wall. is supported by a wall in a plane other than D. Marquee sign. A sign which is painted on, attached to, or supported by a marquee or awning. E. Roof sign. A sign located upon or above the roof of a building, or above a parapet wall of a building. 18.96.060 Sign permi.t~ fee.s~and inspections. A. Sign permit required. It shall be unlawful for any person 'fo erect, estab- lish, permit to remain, alter or relocate any sign, or cause the same to be done, without first obtaining approval from the Staff Advisor to the Pl&nning Commission and a sign permit from the Building Official, except that signs that were lawfully erected prior to f%e effective date of this Chapter and which are not hereby declared a nuisance are permitted to remain except as hereinafter set forth. For purposes of review by the Staff Advisor and Buildi~,g Official, and eighteen by twenty-four inch drawing to scale shall be submitted which it~dicates fully the material, color-, texture~ shape, relation and attachment 'fo buildings and other sffr'uctures, signs on the applicant's building, and dimensions and structural elements of the proposed sign. Permits shall not be required for minor maintenance and repairs -I-o existing signs, or for changes in sign copy. B. Unsafe or illegal signs. If the Building Official or St'aft Advisor shall find that any sigll is unsafe or insecure, or any sign erected or established under a sign permit has been carried out in violation of said permi~ or this Chapter, he shall give written notice to the permittee or owner thereof to remove or alter such sign within thirty days. The Building Official or Staff Advisor may cause any sign which is an immediate peril to persons or property, or any sign erected without a permit, to be removed immediately, and said sign shall not be reestablished until a valid permit has been issued therefor. Failure to re~}ve or alter said signs as directed, shall subject the permittee or owner to the penalties prescribed in this Title. C. Permit record required. The Building Official shall keep a copy and perm- anent record of each sign permit issued which shall show the permit number. The permittee shall be required to permanently display the permit number on the sign or sign structure. D. Signs shall be subject to the procedural and substantive design review portions of the Site Review Chapter. Land Use 18,96,070 18.96.070 General siRn r~egulations. govern all signs in addition to all The following general provisions shall other applicable provisions of this Chapter. Limitation on placement of signs. 1. Near residential. No sign shall be located in a commercial or industrial district so that if is primarily visible only from a residential district. 2. Near freeways. Except as provided in Section ]8.96.]]0 hereof entitled "Freeway Sign Zones" and excepting real estate and con- str'uction signs, no sign shall be erected within six hundred feet of a freeway so that it is primarily visible only from such freeway. 3. Near street intersections. No sign or portion thereof shall be erected at the intersection of public streets with public alleys, within tl~e triangular area formed by a line connecting points twenty-five feet from the intersection of property lines, unless the same is less than two feet in height, or the lowest portion of the display surface is at least eight feet above grade and its means of ~upport has a cross-section of not more than twelve inches. 4. Near driveways. No sign or portion thereof shall be erected within ten feet of a driveway unless the same is less than three feet in height, or the lowest portion of the display surfece is at least eight feet above grade and its means of support has a cross-section of not more than twelve inches. 5. In future street right-of-way. No sign or portion thereof shall be erected within future street right-of-way; as depicted upon the Master Plan of Arterial Streets, unless and until and agreement is recorded stipulating that the sign will be removed or relocated upon street widening at no expense to the City. B. Hazardous signs. No unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the moven~nt of traffic, or which hides from view any official traffic sign or signal, shall be permitted. C. Obstruction by signs. No sign or portion thereof shall be placed so that it obstructs any fire escape, stairway or standpipe; interferes with human exit through any window of any room located above the first floor of any building; obstructs any door or required exit from any building, or ob- structs any required light or ventilation. D. Context of signs. The lettering and advertising matter on all signs within the City, except as provided herein, shall indicate the name or nature of the business done or service rendered upon such premises. References to price shall be limited ~o no n~re than twenly percent of the area of a permitted sign. E. Pictorial caricatures or representations. Pictorial caricatures or representations may be incorporated into a sign provided the same are limited to no more than one-third cf the area of a permitted sign. Land Use 18.96.080--18.96.090 18.96.080 Residential districts. Signs in residential districts shall conform to the following regulations: A. Special provisions. 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Directly illunimated signs shall not be permitted. Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation. Types of signs permitted. 1. Nameplates. One nameplate shall be permitted for each occupant, not exceeding an area of one square foot, attached to and parallel to the exterior wall of the building. Neighborhood identification signs. Two signs shall be permitted at each entry point to single-family developments, not exceeding an area of eighi square feet per sign, with lettering not over nine inches in height, located not over five feet above grade. Multiple-family developments of ten units or more shall be permitted one sign not exceeding an area of ten square feet, attached to an parallel to ~he exterior wall of the building. Conditional uses. Uses authorized n accordance with the Chapter on Conditional Use Permits, except commercial uses allowed as a home occupation, may be permitted one ground signor bulletin board not exceeding an overall height of five feet and an area of fifteen square feet, set back at least ten feet from property lines; or one wall sign in lieu of a ground sign not exceeding all area of fifteen square feet. Such signs shall be approved in conjunction with the issuance of such conditional use permit. Retail commercial uses allowed as a conditional use in the Railroad District shall be per- mitred one ground or wall sign not to exceed a height of three feet if a ground sign, and a total area of six square feet. 18.96.090 Commercial~downtown district. Signs in the commercial-downtown district shall conform to the following regulations: Special provisions. 1. Frontage. The number and area of signs allowed by virtue of a given frontage shall be placed upon such frontage, and no building or premises shall be credited with more than two frontages. 2. Aggregate number of signs. The aggregate number of signs allowed for each business shall be two signs for each frontage with an entrance/ exit open to the general public. 3. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal to one square foot of each lineal foot of street frontage. Aggregate area shall not include nameplates, and temporary real estate and construction signs. 4. Residential uses. Signs for residential uses shall conform to ~he provisions o~ Section 18.96.080 hereof. Land Use }8.96.090 Types of signs permitted. 1. Wall signs. a. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage 'for a group of businesses occupying a single common space or suite. b. Area. Signs shall not exceed an area of twenty percent of the wall area of the business to which the sign pertains, but not exceeding an area of sixty square feet. c. Projection. Signs may project a maximum of eighteen inches from the face of the building to which they are attached, provided they lowest portion of the sign s at least eight feet above grade. d. Height and extension above roof ine. Signs shall have a maximum face height of five feet, and raay not exceed above the roof or eave line of the buildin9. 2. Ground signs. a. Number. One si~n shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoin§ standard, provided that all such businesses are identified on such signs. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per sign. c. Placement. Signs shall be placed on tl~e central fif~y percent of the street frontage on properties with less than tw~ hundred feet of frontage, or a minimum of fifty feet from an abutfin9 property upon properties within excess of two hundred feet of frontage. Signs on corner properties may be placed near the intersection of street property lines. d. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 3. Projecting signs. a. Number. One sign shall be permitted for each business or group of businesses occupyin9 a single common space or suite in lieu of a ground sign. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of business frontage to which the sign pertains. The maximum area of any projecting sign shall be thirty square feet. c. Projection. Signs may project from the face of the building to which they are attached a maximum of one foot if located eight feet above grade, two feet if located ten feet above grade, and three feet if located twelve feet above grade, the maximum pro-- jection of any sign being three feet. Signs which project into alleys and driveways shall be located a minimum of fifteen feet above grade to the lowest portion of same. d. Height and extension above roof line. Signs shall not exceed an overall height of twenty-four feet above grade, and may not extend above the roof line, eave or parapet wall of the building to which they are attached. 4. Marquee signs. a. Number. One sign shall be permitted for each business. Land Use 18.96.090--18.96.]00 b. Area. Signs shall not exceed an area of eight square feet. c. Projection. Signs may not project beyond the face of the marquee if suspended, or above or below the face of the marquee if attached to an parallel to the face of the marquee. d. Height and clearance above grade. Signs shall have a maximum face height of nine inches, and the lowest portion of the sign shall not be less than seven feet six inches above grade. 18.96.100 Commercial and industrial districts. Signs in commercial and industrial districts, excepting the commercial-downtown district, shall conform ~o the following regulations: Special provisions. ]. Fronfagc. The number and area of signs allowed by virtue of a given frontage shall be placed only upon such frontage, and no building or premises shall be credited with more than two frontages. 2. Aggregate number of signs. The aggregate number of signs allowed for each lot shall be two signs for each frontage. In shopping centers and developments including (ive or more businesses~ oae ideutificafion ground sign shall be allowed in addition to the two wall or marquee signs permitted for each business, 3. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal ~o one square foot for each lineal foot of street frontage but not to exceed twelve square feet in the C-5 district. Aggregate area shall not include nameplates, and real estate and constr~lction signs. 4. Residential uses. Signs for residential uses shall conform to the provisions of Section ]8.96.080 hereof. 5. No sign or portion thereof shall extend beyond any property line of the premises on which the sign is located. Types of 1. Wall signs permitted. ~ signs. a. Number. ~Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Signs shall not exceed an area of twenty percent of the wall area of the business to which the sign pertains, but not exceeding an area of sixty square feet. c. Projection. Signs may project a maximum of eighteen inches from the face of the building~]~o which they are attached, provided the lowest portion of such sign is at least eight feet above grade. d. Height and extension above roof line. Signs shall have a maximum face height of five feet and may not extend above the roof or eave line of the building. Ground signs. a. Number. One sign shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Two or more lots of less khan fifty feeb may be combined for purposes of meeting the Land Use 18.96.100--~8.96.110 foregoing standard, provided l'hat all such businesses are identified on such sign. b. Area. Signs shall not exceed an area of one square foot for each two lineal fee! of stree!- frontage, with a maximum area of sixty square feek per sign. c. Placement. Signs shall be placed on the central fifty percent of the street frontage on properties with less than two hundred feet of frontage, or a minimum of fifty feet from an abutting lot upon properties within excess of two hundred feet of frontage. Signs on corner properties may be placed near the intersection of street property lines. Marquee signs. Number-. One sign shal be permitted for each business. Area. Signs shall not exceed an area of eight square feet. Projection. Signs may not project beyond the face of the marquee if suspended, or' above or below the face of the marquee if attached to and parallel to the face of the marquee. Heigh+ and clearance above grade. Signs shall have a maximum face height of nine inches, and the lowest portion of same shall not be less than seven feet six inches above grade. Materials. Signs of less than thirty-five square feet and at least twelve feeh from any building can be made of non- treated wood. All signs over twenty feet from any building can be made of non-ireated wood. ao 18.96.110 Freeway ~]gn z~nes.~ A. Purpose. This special overlay zone is intended to provide for and regulate certain on-premise ground signs which identify freeway oriented businesses in commercial districts located at freeway interchanges. For purposes of this section, a freeway oriented business shall mean a business with the primary purpose of providing highway related services, lodging or products to non-resident travelers on interstate freeways. B. Esffablishment and location of freeway sign zones. Freeway sign zones shall be superimposed upon the basic districts depicted on the official Zoning Map of the City, and shall encompass an area of seven hundred feet from the intersection of centerlines of a freeway and an intersecting street or highway with access to such freeway. Establishment of base elevation. A common base elevation is hereby ~ ,shed for each interchange, as the higher elevation of the two inter- ~enterlines (e.g., one thousand nine hundred ninety eight feet for m6 centerline as it intersects the Inters?ate 5 Freeway shall be permitled for each lot in lieu of the ,~ed under Section ]8.96.100 of this Chapter. all not exceed an area of three hundred square 'feet Land Use 18.96.1]0--18.96.]50 3. Height. Signs shall not exceed a height of sixty feet above the base elevalion as established herein. 18.96.!20 Abandoned signs. All signs pertaining to businesses or occupants whose products or services have ceased to be offered to the public on the premises shall be removed within thirty days. 16.96.130 Abatement of nuisance s~ps. declared a public nuisance and shall be follows: The following signs are hereby removed or the nuisance abated as A. Flashing signs visible from a public street or highway. B. Abandoned signs pertaining to businesses or occupants whose products or services have ceased to be offered to the public on the premises. C. Temporary and moveable signs. 18.96.140 Abatement of billboards and off-premise advertising. Ali bill- boards and other off-premise advertising signs are hereby declared a public nuisance and shall be re~ved by December 20, 1978. 18.96.150 Construction and mainten.anc? star~ards. Materials of construction. 1. Single and two family residential districts. All signs and their supporting members may be constructed of any material, subject to the provisions of this Section. 2. Commercial and industrial districts. All signs and their supporting members shall be constructed on incombustible materials or fire retardant treated wood which maintains its fire resistive qualities when tested in accordance with the rain and weathering tests of the U.B.C. Standard No. 32-37, unless otherwise prog~ded in this Section. 3. Non-treated signs. All wall, ground, marquee and projecting signs of twenty square feet or less may be constructed of non-treated wood. 4. Reap estaf'e and construction signs. All signs may be constructed of compressed wood particle board or other material of similar fire- resistivity. 5. Directly illuminated signs. All signs Illuminated from within may be faced with plastics approved by the Building Code. 6. Signs within buildings. All signs located completely inside a building or structure may be of any material not prohibited by other require- merits of this Section. 7. Glass. All glass used in signs shall be shatter' resistant. 8. Wood. Wood in contact wi~h the ground shall be foundation grade redwood, foundation grade cedar, all heartwood cypress, or any species of wood which has been pressure-treated with an approved preservative. Trim and backing strips may be constructed of wood. B. Construction methods. 1. All signs shall be constructed of such materials or treated in such Land Use 18.96.]50--]8.100.010 J a manner- that normal weathering will not harm, deface or otherwise affect the sign. All latter, figures and similar message element~ shall be safely end securely attached to the sign structure. All signs shall be designed and construcfed to resist the applicable wind loads set forth in ti~e Buildin§ Code. C. Maintenance. All signs shall be maintained at all times in a state of good repair, and no person shall maiatain or permit to be maintained, on any premises owned or confrolled by him, any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe conditions. 18.96.]60 Enforcement. '[he portions of thi~ Chapter rela?ing to the structura characteristics and safety of signs shall be enforced by the Building Official; all other portions shall be enforced by the Staff Advisor. Cha_~0ter 18.100 VARIANCES Sections: 18.100~010 Variances--purpose. 18.100.020 Application. 18.]00.030 Effect. 18.100.010 Variances--.p. ur?qse. Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this Title may result from the sl'ricl' application of certain provisions thereof, variance may be granted as provided in this Chapter. This Chapter may not be used to allow a use that is not in conformity with the uses specified by this Title for the district in which the land is located. In granting a variance, the City may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or 1he City as a whole. 18.100.020 Application. The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to Show the proposed dev- elopment. Aisc to be included with such application shall be a s?atement and evidence showing that all of the foligwing circumstances exist: A. That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same district; and B. That the granting of the application is necessary for the preservation and enjoyment of subs~anfial property rights of the petitioner; and Land Use 18.100.030--18. i04.020 C. That the granting o[ such application will nof~ under ~he circumstances of the particular case, be outweigl~ed by the adverse effects to the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood; and D. That the circumstances or conditions have not been wilfully or purposely self-imposed. 18.100.~.30 E~fect. No building or zoning permit shall be ssued in any case where a variance is required until fifteen days after the approving of the variance by the Commission, and then only in accordance with the terms and conditions of sdid approval. An appeal from the action of the Commission shall automatically stay the issuance of tbe building or other permit until such appeal has been completed and the Council has acted thereon. In the event the Council acts to grant said variance, the building or zoning permit may be issued imn~diately thereafter, in accordance with such terms and con- ditions as may have been imposed on said variance. Chapter 18.104 CONDITIONAL USE PERMITS Sections: i8.104.010 18.104.020 18.104.030 18.104.040 18.104.010 Conditional Application. Conditions. Expiration. Conditional use permits--purpose. use permits--~u~rpose. Uses designated as conditonal uses may, for a give0 zoning district, be permitked, enlarged, or altered in accordance witl~ the provisions of this Chapter. The purpose of conditional use approval is to allow the proper integration into the community of uses which may be suitable only on cer+ain conditions and at appropriate Iocalions. 18.104.020 Application. The owner or his agent may make application with the Staff Advisor to the Planning Commission. Such application shall be accom- panied by a legal description of the property and plans and elevations to show the proposed development. Also to be included with such application shall be a statement and evidence showing that: A. The proposal is in conformance with the Comprehensive Plan. B. If the use is allowable in any zone, that the proposed use better serves the public need than the utilization of other property. C. That the general public need is sufficient to justify the burden of any negative impact on the area immediately surrounding. Land Use 18.104.030---18.]08.020 18.104.030 Conditions. In granting a conditonal use permit, the City may impose conditions in addition To those required for uses within each district in order to protect the best interests of the surrounding property, the neighborhood, or the City as a whole. These conditions may include increasing the lot size, setbacks, or yards, controlling the size, location, and number of vehicular access points, increasing the right-of-way and paving width of the street or streets, limiting the height of buildings to protect the lighfi, view, and air of adjacent properties, requiring screen plantings and ether specified landscaping, increasing the amount of off-stree~ parking or loading, granting a revocable permit or a permit for a term period, or other provisions necessary to minimize any conflict between the proposed conditional use and the use of adjacent properties. Change in use, expansion, contraction, or alteration of sbructure, site, or uses classified as conditional uses exisTing prior' to the efrective date of the ordinance codified herein, shall conform to all regulations pertaining to conditional uses. Administration of temporary uses may be delegated to the Staff Advisor by the Planning Commission. 18.104.040 Expiration. Conditional Use Permits shall be granted specifically to the owner/applicant and shall remain valid only so long as said owner/ applicant retains ownership, control and management of the property. A Permit shall expire six months after discontinuance or abandonment of the approved use. Chapter 18.!08 LAND USE AND ORDINANCE CHANGE PROCEDURES Sections: 18.108.010 18.108.020 18.10~.030 18.108.040 18.108.050 18.108.060 18,108,070 18.108.080 ]8.108.090 18.108.100 Amendments--Generally. Amendn~nt--Initiafiion. Amendment--Action by Commission. Amendment--Action by Common Council. Appeals. Fees. New applications. P~hlic notice and hearing. Effect. Application deadline. 18.108.01~ ~men~ments-Generally. This Title may be amended by changing tire boundarie~ of Uistricts or 'by changina any other provision thereof, whenever the public need, the need to correct mistakes in the Title, the need to adjust to new conditions, or compelling circumstances relating to the general public welfare require such amendment, by following the procedure of this Chapter, and by conforming with the Comprehensive Plan and applicable State Planning Goals. 18.108.020 Amendment~-Initiation. An amendment 1-o the text or the zoning map may be initiated by: Land Use 18,108.020--18.108.040 A. Resolution of intention of the Planning Commission. B. Resolution of intention of the Com~<)n Counci C. Application by one or note property owners, or their authorized agents, of property affected by the proposed amendment. The application shall be filed with the Staff Advisor to the Planning Commission and shall be accompanied by a legal description of the property or properties affected, and a map showing the property or properties affected within a radius of three hundred feet of tbe exterior boundaries tt~ereof. 18.108.030 Amendment--Action by Commission. A, Following the aforesaid hearing, the Commission shall make a report of its findings and recommendations with respect to the proposed amendment and snail file with the Council, an attested copy of such report within ninety days after notice of said hearing; provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. If the Commission deems it advisable, it may recommend that the area under consideration for change in classification be enlarged or diminished or be reclassified 1'o a district other than the district originally initiated. B. Upon the consent of the Commission, any petition for amendment may be withdrawn upon the written application of a majority of all persons who signed such petition. The Council or the Commission, may be resolution abandon any proceedings for an amendment initia~ed by its own resolution of intention, provided that such abandonment may he made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held. ]8. 108~_:.0,40 , Amen dment--_Ac~t i on bv Com__~n Coun__~c i__EI. A. Upon the filing of the Planning Commission's repoPt ~ith the Council or upon the expiration of such ninety days, as aforesaid, the matter shall be set for public hearing as provided in Section 18.108.080 of this Chapter. B. The Cotuncil shall render its decision within sixty days after the receipt of the report and recommendation of the Commission, or within sixty days after the expiration of such ninety days as aforesaid. C. If the Council proposes to adopt an amendment that is substantially altered from the recommendation of the Commission, t'he Council may refer said proposed amendment back to the Commission for report and recommendation before adoption. The Commission shall consider said amendment within thirty days of said referral and report tiler'eon at the next regular meeting of the Council. Failure to so report will be deemed to constitute approval by the Commission. D. Amendment shall .be by Ordinance only. Such ordinance shall contain all findings of fact as required by state law and local regulations. Said Ordin- ance and amendment shall be valid only in relation to the findings contained therein. Findings shall address public need questions in relation to the zoning district generally, not only for a specific use. Land Use 18.108.040--18.108.050 F. An ordinance amending the zoning map to a classification permitting intensification or establishment of a residential use shall be void eighteen ~onths after enactment unless the applicant has made substantial improvements as specified by the Council° This limitation is intended to address State Planning Goals and City Comprehensive Plan goals and policies relating to provision of adequate housing, efficient use of public facilities, and mai-n- ~aining a compact urban form through use of available urban land prior to commiting new land to development. It shall also be construed to serve as support the the applicant's demonstration of a sincere desire to meet an existing public need. 18.108.050_A_~]eals. A. The Commission shall have the power to hear and decide appeals based on lhe enforcemenl or interpretation of the provisions of this Title. B. Any appeal from a decision relating to the enforcement or interpretation of this Title, unless otherwise specifically provided for in this Title, shall be in writing, and shall be filed with the Commission within fifteen days after such decision (except ten days for minor land partitions); such appeal shall set forth the reasons therefor. C. The Commission shall consider such appeal and render its decision within sixty days after the filing thereof. D. In case any interested person is not satisfied with the mission on his appeal, he may within fifteen days after the Commission appeal in writing to the Common Council. action of the Com- action of the E. Notice shall be given to the Commission of such appeal and a report shall be submitted to the Council setting forth the reasons for action taken by the Commission or it shall be represented at the Council meeting. F. The Common Council shall affirm, reject, or modify the Commission's decision within sixt~ days after the filing of such appeal. 18.108.060 Fees. Fees for applicafions under this Title, and for the related land use actions of annexation and comprehensive plan amendments shall be as follows: (fees are non-refundable, except as noted) Plan or Ordinance Changes; Annexations and Urban Growth Boundary Boundary Amendments Planned Unit Development Variance, ConditiQnal Use Permit $500,, plus $250. on each concurrent aefion on the property. $200. minimum, plus $20. per lot for the first l0 lots; $5. per lot thereafter. $50. minimum, plus $10. for each $1,000. of value to $20,000. $5. per $1,000. of value thereafter, total fee not to exceed $250. for a variance or $500. for a conditional use permit. Land Use 18.108.050--18.108.080 $ite Review Signs Appeal from Commission or Hearings Board decisions. $50. minimum for administrative items, $100. minimum for all others, plus $5. per residential unit or each 100 square feet of commercial floor space, or each 100 square feet of industrial space, the iatter not to exceed $500. $10. plus $1. per square foot $1250, all but $25. of which is refundable if appeal is successful. 18.108.070 New,applications. In case an application is denied by the Com- mission, or, on appeal by the Council, unless specifically stated to be without prejudice, iff' shall not be eligible for resubmittal for one year from date of said denial, unless, in the opinion of the Commission, new evidence is sub- mitted or conditions have changed to an extent that further consideration is warranted. This shall not apply to applications for a given property which are significantly different from the original application. 18.108.080 Public notice and hearin_~_. Public notice shall be given as follows except that Notice for Hearings before the Council involving Comprehensive Plan or impler~nting ordinances related to zoning shall be given three times within the week o'f the meeting in a newspaper of general circulation within the City. Notice shall be sent by mail at least ten days prior to the initial hearing (except for changes in the text and maps of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and other implementation measures, in which case thirty days notice shall be given prior to the meeting of the Citizens' Planning Advisory Committee) to the following persons: A. The applicant. B. In all actions involving changes in the text or maps of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, or offher implementation measures, notice shall be given to all property owners or contract purchasers of record, and all renters where it is known that a dwelling unit is being used as a rental, within three hundred feet of the property wi~ich is the subject of the application, in actions involving conditional use permits, variances, subdiv- isions, and partitions, lhe Notice distance sball be two hundred feet, except as lited in the following sentence, and notice shall be sent to all property owners or contract purchasers of record. For actions involving conditional use permits which would allow no intensification or change in character of use in relation fo permitted usos, variances not involving complete existing or contemplated residential, commercial, and industrial structures, and partitions subject to administative approval, the Notice distance shall be one hundred feet, and notice shall be given to all property owners or contract purchasers of record. In actions involving site review and Temporary Use Permits, notice shall be given to property owners with property either contiguous or immediately adjacent. The failure of the property owner, contract purchaser, or renter to receive Notice shall not invalidate the action if a good faith attempt was made to notify al! persons entitled to personal Notice. Land Use ]8.108.080--]8.]12.020 C. Any other person or neighborhood organization requesfing Notice in writing, if the person or persons so requesting demonstrate that they may be signifi- cantly and direcfly affected by the outcome of the hearing. D. Notice shall also be given by publication in a newspaper of general circulation in the City at least ten days prior to the date o[ hearing. E. The hearing may be continued from time to time as necessary to gather additional information on the application, and no additional Notice need be given unless so ordered by the Council or Commission; provided however, that if the proposal is tabled without a date and time certain, that additional Notice as originally required herein shall be necessary. A Public Hearing shall be held within sixty days of application, with final decision rendered by the Commission within ninety days of application. ]8.108.090 Effect. No building or zoning permit shall be issued for any Planning Commission action under this Title until fifteen days after the decision on such action. An appeal from the Commission decision shall stay permit issuance until action by the Council If the Council finds in favor of the applicant, the permit shall be issued immediately thereafter. 18.]08.100 Application deadline. All applications for hearing before the Planning Commission shall be submitted three calendar weeks before the first regular meeting of any given month. This shall not apply in the case of text or map changes to the Comprehensive Plan or implementing ordinances, in which case application shall be made six weeks prior to the meeting. .Chapter 18.112 ENFORCEMENT Secfions: 18.112.010 18.112.020 18.112.030 18.112.040 18.112.050 18.112.060 18.112.070 i8.112.080 18.112.090 Zoning permits. Maintenance of minimum requirements. Revocation--permit expiration. Revocation--conditions violated. Public hearing. Duties of officer. Interpretation. Violations--nuisance. Penalties. 18.112.010 zoninR permits. Zoning permits or approval shall be required for all buildings and structures, hereinafter erected, constructed, altered, re- paired, or moved within or into any district established by this Title, and [or the use of vacant land or for a change in the character of the use of land or buildings, within any district established by this Title. Such permit may be a part of fhe building permit. 18.112.020 Maintenance of minimum requirements. No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of the ordinance codified herein shall be reduced in area, din~nsion, or size below the minimum required herein, nor shall any lot area, yard, or other open space or off-street parking or loading area which is required by this Title for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for ~ny other use. Land Use 18.112.030--18.112.070 18.112.030 Revocation--~_~_E~]~_ex_~_piration. Any zoning permit, planned unit develop~nt permit, conditiona! use permit, or variance granted in accordance with the terms of this Title shall be deemed revoked if not used within one year from date of approval. Said permit shall not be deemed used until the permittee has actually ontained a building permit, and commenced construction thereunder, or has actually commenced the permitted use on the premises. 18.112.040 Revocation--conditions violaled. Any zoning permit, planned unit development permit, conditional use permit, or variance granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith. 18.112.050 P__u~lic hea~rin~. A. "[he Commission shall hold a hearin9 on any proposed revocation after giving written notice to the permit~ee and owners within two hundred feet of subject property as provided in the Chapter on Conditional Use Permits. B. The Commission shall render its decision within thirty days after the conclusion of the hearing. C. In case the permittee is not satisfied with the action of the Commission, he may within fifteen days appeal in writing to the Com~n Council, D. 'Fhe Council shall set a dale for public hearing and shall give notice thereof in the manner provided in the Chapter on Conditional Use Permits. Notice shall also be given -fo the Commission of such appeal, and a report shall be submitted setting forth the reasons for the action taken by the Commission, or it shall be represented at the hearing. E. The Council shall render its decision within sixty days after the filing of such appeal. 18.112.060 Duties of officer. All departments, officials, and employees of the City vested wimh the duty or authority to issue permits shall conform to the provisions of this Title and shall issue no permit, certificate, or license for uses, buildings or purposes in conflict with *he provisions of this Title; and any such permit, certificate, or license }ssued in conflict with the provisions of this Title, intentionally or otherwise, is null and void. It shall be the duty of the building official to enforce the provisiQns of this Title pertaining -ia the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure and the use of any land, building, or premises. 18.112.070 Interpretation. The provisions of this Title shall be held to the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this Title are less restrictive than comparable conditions imposed by any other provisions of this Title or of any other ordinance, resolution, or' regulation, the provisons which are more restrictive shall govern. Land Use 18.1t2.080--lB.112,090 18.112.080 Violations--nuisance. Any building or structure set up, erected, constructed, altered, enlargea, converted, moved, or maintained contrary to the provisions of this Title, and any use of any land, building~ or premise established, conducted, operated, or maintained contrary to the provisions of this Title, shall be and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney of the City may, or upon order of the Common Council shall, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other' steps and apply to such courts as may have jurisdiction to grant such rel'ief as will abate and remove such building or prevent any person from setting up, erecting, building, maintaining, or using any such building or structure or u~ing property contrary to the provisions of this Title. The remedies provided for herein shall be cumulative and not exclusive. 18.112.090 Penalties. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Titlu has committed an infraction, and upon conviction thereof is punishable as prescribed in Section 1.08.020 of the Ashand Municipal Code. Such person, firm, or corporation is guiltyof a separate violation for each and every day during any portion of which any violation of this Title is committed or continued by such ~erson, firm or corporation.