HomeMy WebLinkAbout2228 Land Use/Add to Ch 18ORDINANCE 2228
AN ORDINANCE ADOPTING NEW CHAPTERS TO TITLE 18 OF THE ASHLAND
HUNICIPAL CODE.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.14, WR Woodland Residential District, attached hereto as
Exhibit A, is hereby adopted as a new section.
SECTION 2. Chapter 18.22, R-I-3.5 Suburban Residential District, attached hereto
as Exhibit B, is hereby adopted as a new section.
SECTION 3. Chapter 18 24, R-2 Low-Density Multiple-Family Residential District,
attached hereto as Exhibit C, is hereby adopted, replacing the existing Chapter
18 24 in the Ashland Hunicipal Code.
SECTION 4. Chapter 18.28, R-3 High Density Multiple-Family Residential District,
~ttached hereto as Exhibit D, is hereby adopted, replacing the existing Chapter
18 24 in the Ashland Municipal Code.
SECTION 5 Chapter 18.32, C-1 Retail Commercial District, attached hereto as
Exhibit E is hereby adopted, replacing the existing Chapter 18.32 in the Ashland
Municipal Code,
SECTION 6 Chapter 18.40, E-1 Employment District, attached hereto as Exhibit F,
is hereby adopted, replacing the existing Chapter 18.40 in the Ashland Municipal
Code
SECTION 7 Chapter 18.52, H-1 Industrial District, attached hereto as Exhibit G,
is hereby adopted, replacing the existing Chapter 18.52 in the Ashland Municipal
Code.
SECTION 8 Chapter 18.60, Airport Overlay Zone, attached hereto as Exhibit H, is
hereby adopted, replacing the existing Chapter 18.60 in the Ashland Municipal Code.
SECTION 9. Chapter 18.62, Physical Constraints, attached hereto as Exhibit I, is
hereby adopted, replacing the existing Chapter 18.62 in the Ashland Hunicipal Code.
SECTION 10. Chapter 18.68, General Regulations, attached hereto as Exhibit J, is
hereby adopted, replacing the existing Chapter 18.68 in the Ashland Hunicipal Code.
SECTION 11. Chapter 18.70, Solar Access, attached hereto as Exhibit K, is hereby
adopted, replacing the existing Chapter 18.70 in the Ashland Hunicipal Code.
SECTION 12. Chapter 18.72, Site Design and Use Standards, attached hereto as
Exhibit L, is hereby adopted, replacing the existing Chapter 18.72 in the Ashland
Muncipal Code
SECTION 13. Chapter 18 ?6, Minor Land Partitions, attached hereto as Exhibit M, is
hereby adopted, replacing the existing Chapter 18.76 in the Ashland Municipal Code
SECTION 14. Chapter 18.82, Street and Greenway Dedications, attached hereto as
£zhibit N, is hereby adopted as a new section of the Ashland Municipal Code.
SECTION 15. Chapter 18.84, Manufactured Housing Developments, attached hereto as
Exhibit O, is hereby adopted, replacing the existing Chapter 18.84 of the Ashland
Municipal Code.
SECTION 14. Chapter 18.92, Off-Street Parking, attached hereto as Exhibit P, is
hereby adopted, replacing the existing Chapter 18.92 of the Ashland Municipal Code
SECTION 17. Chapter 18.104, Conditional Use Permits, attached hereto as Exhibit O
is hereby adopted, replacing the existing Chapter 18.104 of the Ashland Municipal
Code
SECTION 18. Chapters 18~3~, 18.44, 18.48, and 18.56 of the Ashland Municipal Code
are hereby repealed.
The foregoing ordinance was first read on the /~-~ day of
1782, and duly PASSED and ADOPTED this -~t day of
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of ~// ~.~.~/'~y~-:~, 1982. /
L. Gordon Medaris
Mayor
"EXHIBITS A - Q"
Chapter 18 14 -
Chaplet 18 22
Chapter 18 24 -
Chapter lB 28
Chapter 18 32 -
Chapter 18 40
Chapter 18 52 -
Chapter 18 60
Chapter t8 62 -
Chapter lB 6B -
Chapter 18 70 -
Chapter lB 72 -
Chapter 18 76 -
Chapter lB 82
Chapter lB ~4 -
Chapter 18 ?2
tihapter 18 I04 -
UP ~oodl~nd Re~idel~tisl District
R-I-3.5 Suburban R~sidential District
R-2 Low-Density Multiple-Fa~ily Residential District
R-3 High Density Multiple-~amily Residential District
C-1 Retail Commerci~l District
E-1 Employment District
M-I Industrial D~st~ict
Airport Overlay Zone
Physical Constraints
General Regulations
Solar Access
Site Design and Use Standards
Minor L~nd Partitions
Street and Greenway Dedications
~anufactured Housi~g Developments
Off-Street Parking
Conditional Use Per.its
Land Use 18.14.010--18.14.030
Chapter 18.14
WR WOODLAND RESIDENTIAL DISTRICT
Sections:
18.14.010
18.14.020
18.14.030
18.14.040
Purpose.
Permitted uses.
Conditonal uses.
General regulations.
18.14.010 Purpose. The purpose of the WR district is to stabilize
and protect the steep and forested areas within the City. Applica-
tion of the zone will ensure that the forest, environmental erosion
control, and scenic values of these areas are protected from incompa-
tible development which could result in a degradation of their values.
18.14.020 Permitted uses. The following uses and their accessory
uses are permitted outright:
A. Single-family dwellings.
B. Agriculture and farm uses, except animal sales yards and feed
yards, hog farms and any animal fed garbage.
C. Parks and recreation facilities.
D. Home occupations.
18.14.030 Conditional uses. The following uses and their accessory
uses are permitted when authorized in accordance with the Chapter on
Conditional Use Permits:
Ao Churches and similar religious institutions.
B. Public and public utility buildings, structures and uses, but
not including corporation, storage or repair yards, warehouses and
similar uses.
c. Private recreational. uses and facilities, provided that the
forested character of the area is not disturbed.
D. Public and quasi-public halls, lodges, and clubs.
E. Schools, both public and private.
F. Daycare centers.
G. Homes for the elderly and nursing homes.
Revised December 1982
Land Use 18.14. 030--18.14. 040
H. Any removal of three or more living trees of over six inches in
diameter from any tax lot during any one calendar year, or any form
of commercial logging. Such use shall be permitted only when, in
addition to the Conditional Use Permit findings, the following find-
ings have been determined:
I) Transportation to and from the site can be accomplished
safely and without disturbance to residents.
That adequate provisions have been made for erosion con-
2)
trol.
4)
That adequate provisions have been made for reforestation.
That approval has been obtained from all appropriate
County, State and Federal agencies.
5) That there is no probable danger of wildfire.
6) That there is adequate surety bonding provided to the City
to ensure that any required reforestation and erosion control
will be accomplished.
18.14.040 General regulations.
A. Minimum lot area. The minimum lot area in the WR zone is deter-
mined by the chart below:
Slope Min. Lot Size DU/Acre
Less than 40% 2.0 .5
40 to 50% 2.5 .4
50 to 60% 5.0 .2
Over 60% 10.0 .1
B. Maximum lot coverage.
percent.
The maximum lot coverage shall be seven
C. Minimum lot width.
width.
All lots shall be at least 100 feet in
D. Minimum lot depth.
depth.
All lots shall be at least 150 feet in
Standard yard requirements.
1) Minimum front yard - There shall be a front yard of at least
20 feet.
2) Minimum side yard - There shall be a minimum side yard of 6
feet, except 10 feet along a side yard facing the street on a
corner lot.
3) Minimum rear yard - There shall be a minimum rear yard of
10 feet plus 10 feet for each story in excess of one story.
4) In addition, the setbacks must comply with Section 18.70 of
this Title which provides for solar access.
Maximum building height. No structure shall be over 35 feet or
Revised December 1982
Land Use 18.14. 040
2-1/2 stories in height, whichever is less.
G. Aggregate removal prohibited. There shall be no mining of gra-
nite for aggregate, quarry rock, or other open pit mining in this
zone.
H. Limits on density transfer. All developments, with the excep-
tion of partitioning, must be developed under the Performance Stan-
dards Chapter (18.88). No more than 25% of the density allowed in a
Woodland Residential zone may be transferred to a higher density zone
in a Performance Standards development.
Revised December 1982
Land Use 18.22.010--18.22.030
Chapter 18.22
R-l-3.5 SUBLrRBAN RESIDENTIAL DISTRICT
Sections:
18.22.010
18.22.020
18.22.030
18.22.040
18.22.010
Purpose.
Permitted uses.
Conditional uses.
General regulations.
Purpose. The purposes of the R-1-3.5 district is to
provide an environment suitable for urban living. The district is
intended to provide housing at densities which are higher than
conventional single-family zones but are still designed for individual
ownership.
18.22.020 Permitted uses.
A. Single-family dwellings.
B. Multi-family dwellings.
C. Agriculture.
D. Public schools, parks and recreation facilities.
E. Residential planned unit developments when authorized in accor-
dance with Chapter 18.88.
F. Home occupations.
G. Boarding or rooming houses, fraternity or sorority houses, and
dormitories.
H. Nursery schools, kindergartens, and day nurseries.
I. Mobile home developments when authorized in accordance with
Chapter 18.84.
18.22.030 Conditional uses.
A. Churches and similar.religious institutions.
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kind-
ergartens, day nurseries, dancing, trade, technical or similar
schools.
D. Public and public utility buildings, structures, and uses.
Revised December 1982
Land Use 18.22.030--18.22.040
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. Public and quasi-public halls, lodges, and clubs.
G. Limited personal service establishments in the home, such as
beauticians, masseurs, etc.
18.22.040 General regulations.
A. Minimum lot area. The minimum lot area shall be 5000 sq. ft.
for the first dwelling unit and 3500 sq. ft. for each additional
unit. For all new structures that are proposed to be located on a
lot with an existing single-family residence on it, both the existing
and new structures must meet the setback, density, lot coverage, and
lot size requirements and criteria of the Minor Land Partition sec-
tion of the Ordinance, just as if each structure would be located on
its own lot, regardless of whether a new parcel is being created or
not. In the Ashland Historic District, all residential structures
shall be subject to these requirements also. Variances under this
Section are subject to Type I procedures.
Bo Minimum lot width. The minimum lot width shall be 50 ft.
C. Lot depth. All lots shall have a minimum depth of 80 ft.
lot depth shall be more than two and one-half times its width.
No
D. Standard yard requirements. Front yard - 20 ft.; side yards - 6
ft.; rear yard - 10 ft. plus 10 ft. for each story in excess of one
story. In addition, the setbacks must comply with Section 18.70 of
this Title which provides for solar access. The side yard of a
corner lot abutting a public street shall have a 10-ft. setback.
Special yards - distances between buildings.
1) The distance between any principal building and an
accessory building shall be a minimum of 10 ft.
2) An inner court providing access to a double-row dwelling
group shall be a minimum of 20 ft.
3) The distance 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
12 ft.
F. Maximum height. No skructure shall be over 35 ft. or two and
one-half stories in height, whichever is less.
G. Maximum coverage. Maximum lot coverage shall be 55%.
Revised December 1982
Land Use 18.24.010--18.24.030
Chapter 18.24
R-2 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT
Sections:
18.24.010
18.24.020
18.24.030
18.24.040
Purpose.
Permitted uses.
Conditional uses.
General regulations.
18.24.010 Purpose. This district is designed to provide an environ-
ment suitable for urban living. The R-2 distirct 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 to the range of residential densities possible. In
addition, when appropriately located and designed, professional of-
rices and small home-oriented commercial activities designed to at-
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 dwellings and two-family dwellings.
B. Multi-family dwellings~
C. Boarding or rooming houses, fraternity or sorority houses, and
dormitories.
D. Home occupations.
E. Agriculture.
F. Public schools, parks, and recreation facilities.
G. Nursery schools, kindergarten, and day nurseries.
H. Residential planned unit developments when authorized in accor-
dance with the chapter on planned unit developments.
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, techni-
cal, or similar schools.
C. Manufactured housing developments subject to Chapter 18.84.
Revised December 1982
Land Use 18.24.030--18.24.040
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect,
attorney, dentist, designer, doctor, or other practitioner of the
healing arts, engineer, insurance agent or adjuster, investment or
management 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 subsection E above.
H. Wholesale plant nurseries, including accessory structures.
I. 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. Such business shall be no greater
than 600 sq. ft. in total area, including all storage and accessory
uses, and shall be operated only by the occupant of the dwelling unit
and the equivalent of one half-time (up to 25 hours per week) emplo-
yee. Such use shall be designed to serve primarily pedestrian traf-
fic, and shall be located on. a street having a fully improved side-
walk on at least the side occupied by the business. The street shall
be a fully improved street of residential City standards or greater.
J. Condominiums and condominium conversions of rental units, sub-
ject to a demonstration of public need and lack of detrimental effect
on the supply of rental units or land for such units.
K~ Travelers' accommodations, provided that the facility be subject
to an annual Type I review for at least the first three years, after
which time the Planning Commission may approve, under a Type II
procedure, a permanent permit for the facility. Travelers' accommo-
dation~ shall also be subject to the following:
] That all residences used for travelers' accommodations be
applicant-occupied.
2 That each rental unit have one off-street parking space,
and the owner's unit have two parking spaces.
3 That only one ground or wall non-illuminated wood sign of 6
sq. ft. maximum size be allowed.
4 That the number of rental units allowed would be determined
by the following criteria:
a) That total number of units allowed, including the
manager's unit, is determined by dividing the total
square footage of the lot by 1800 sq. ft.
b) Excluding the manager's apartment, there must be at
least 400 sq.ft. of gross interior floor space per
rental unit.
5 Transfer of ownership shall be subject to the review pro-
cess as established in Section 18.24.040(K).
6 An annual inspection by the County Health Department shall
be required for all travelers' accommodations regardless of
the number of guest rooms.
7 That the travelers' accommodations be located within 200
Revised December 1982
Land Use 18.24.040
ft. of a collector or arterial designated in the Comprehen-
sive Plan.
18.24.040 General regulations.
A. Minimum lot area: Minimum lot area shall be 5000 sq. ft. for the
first dwelling unit, and 2000 sq. ft. for each additional unit. For
all new structures that are proposed to be located on a lot with an
existing single-family residence on it, both the existing and new
structures must meet the setback, density, lot coverage, and lot size
requirements and criteria of the Minor Land Partition section of the
ordinance just as if each structure would be located on its own lot,
regardless of whether a new parcel is being created or not. In the
Ashland Historic District, all residential structures shall be sub-
ject to these requirements also. Variances under this section are
subject to Type I procedures.
B. Minimum lot width: Minimum lot width shall be 50 ft.
C. Lot depth: All lots shall have a minimum depth of 80 ft.
lot depth shall be more than two and one-half times its width.
No
D. Standard yard requirements: Front yard - 20 ft.; side yards -
6 ft.; rear yard - 10 ft. plus 10 ft. for each story in excess of one
story. The side yard of a corner lot abutting a public street shall
be 10 ft. In addition, the setbacks must comply with Section 18.70
of this Title which provides for solar access.
Special yards - distances between buildings:
1) The distance between any principal building and accessory
building shall be a minimum of t0 ft.
2) An inner court providing access to a double-row
dwelling group shall be a minimum of 20 ft.
3) The distance 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 12
ft. This requirement shall also apply to portions of the
same buildings separated from each other by a court or
other open space.
F. Maximum height: No structure shall be over 35 ft. or two and
one-half stories in height, whichever is less.
G. Maximum coverage: Maximum lot coverage shall be 65%.
Revised December 1982
L~nd Use 18.28.010--18.28.030
Chapter 18.28
R-3 HIGH-DENSITY MI3LTIPLE-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 Purpose. This district is designed to provide the type of
environment suitable for urban living. The R-3 district is intended
for residential uses and appurtenant community services. This dis-
trict 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 rooming houses, fraternity or sorority houses, and
dormitories.
D. Home occupations.
E. Agriculture.
F. Public schools, parks and recreation facilities.
G. Nursery schools, kindergarten, and day nurseries.
H. Residential planned unit developments when authorized in accor-
dance with the Chapter on Planned Unit Developments.
18.28.030 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, techni-
cal, or similar schools.
C. Manufactured housing developments, subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
Revised December 1982
Land Use 18.28.030--18.28.04~0
E. Professional offices or clinics for an accountant, architect,
attorney, dentist, designer, doctor, or other practitioner of the
healing arts, engineer, insurance agent or adjuster, investment or
management 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 subsection E above.
Wholesale plant nurseries, including accesory structures.
I. Condominiums and condominium conversions of rental units, sub-
ject to a demonstration of public need and lack of detrimental effect
on the supply of rental units or land for such units.
J. Travelers' accommodations, provided that the facility be subject
to an annual Type I review for at least the first three years, after
which time the Planning Commission may approve, under a Type II
procedure, a permanent permit for the facility. Travelers' accommo-
dations shall also be subject to the following:
1) That all residences used for travelers' accommodations be
applicant-occupied.
2) That each rental unit have one off-street parking space,
and the owner's unit have two parking spaces.
3) That only one ground or wall non-illuminated wood sign of 6
sq. ft. maximum size be allowed.
4) That the number of rental units allowed would be determined
by the following criteria:
a) That the total number of units allowed, including the
manager's unit, is determined by dividing the total
square footage of the lot by 1800 sq. ft.
b) Excluding the manager's apartment, there must be at
least 400 sq. ft. of gross interior floor space per
rental unit.
5) Transfer of ownership shall be subject to the review pro-
cess as established in Section 18.28.030(J).
6) An annual inspection by the County Health Department shall
be required for all travelers' accommodations regardless of
the number of guest rooms.
7) That the travelers' accommodations be located within 200
ft. of a collector or arterial designated in the Comprehen-
sive Plan.
K. Structures in excess of 35 ft. in height, not to exceed 50 ft.
in height.
18.28.040 General regulations.
A. Minimum lot area: Minimum lot area shall be 5000 sq. ft. for
the first dwelling unit, and 1200 sq. ft. for each additional unit.
For all new structures that are proposed to be located on a lot with
an existing single-family residence on it, both the existing and new
Revised December 1982
Land Use 18.28.040
structures must meet the setback, density, lot coverage, and lot size
requirements and criteria of the Minor Land Partition section of the
ordinance just as if each structure would be located on its own lot,
regardless of whether a new parcel is being created or not. In the
Ashland Historic District, all residential structures shall be sub-
ject to these requirements also. Variances under this section are
subject to Type I procedures.
B. Minimum lot width: Minimum lot width shall be 50 ft.
C. Minimum lot depth: All lots shall have a minimum depth of 80
ft. No lot depth shall be more than two and one-half times its
width.
D. Standard yard requirements: Front yard - 20 ft.; side yards - 6
ft.; rear yard - 10 ft., plus 10 ft. for each story in excess of one
story. The sideyard of a corner lot abutting a public street shall
be t0' In addition, the setbacks must comply with Section 18.70 of
this Title which provides for solar access.
Special yards - distances between buildings:
1) The distance between any principal building and accessory
building shall be a minimum of 10 ft.
2) An inner court providing access to a double-row dwelling
group shall be a minimum of 20 ft.
The distance 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 12
ft. This requirement shall also apply to portions of the
same buildings separated from each other by a court or
other open space.
Maximum height: No structure shall be over 35 ft. in height,
except as provided in Section 18.28.030(K).
G. Maximum coverage: Maximum lot coverage shall be 75 %.
Revised December 1982
Land Use 18.32. 010--18.32. 030
Chapter 18.32
C-1 RETAIL COMMERCIAL DISTRICT
Sections
18.32.010
18.32.020
18.32.030
18.32.040
18.32.050
Purpose.
Permitted uses.
Conditional uses.
General regulations..
"D" Downtown Overlay district
18.32.010 Purpose. This district is designed to stabilize, improve
and protect the characteristics of those areas providing commercial
commodities and services.
18.32.020 Permitted uses. The following uses and their accessory
uses are permitted outright:
A. Profes'sional, financial, business and medical offices, and per-
sonal service establishments such as beauty and barber shops, laund-
erettes, and clothes and laundry pick-up stations.
B. Stores, shops and offices supplying commodities or performing
services, such as a department store, antique shop, artists' supply
store, and including a regional shopping center or element of such
center, such as a major department store.
C. Eating, drinking, entertainment, and dancing establishments.
D. Theatres, but not including a drive-in.
E. Manufacture or assembly of items sold in a permitted use, pro-
vided such manufacturing or assembly occupies 600 sq. ft. or less,
and is contiguous to the permitted retail outlet.
I8.~.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 build-
ings, structures, and uses as appropriate to and compatible with the
C-1 district.
B. Laundry, cleaning and dyeing establishments.
C. Bowling alleys, auditoriums, skating rinks and dance halls.
D. Autemobile service stations, new and used car sales, boat,
Revised December 1982
Land Use 18.32.030--18.32.050
trailer, and.recreational vehicles sales and storage areas.
E. Hotels and motels.
F. Residential uses,. subject to all the requirements of the R-3
district.
G. Mortuaries.
H. Commercial parking lots for passenger vehicles.
I. Printing, publishing or likhography.
J. Temporary uses.
K. Outdoor storage of commodities appurtenant to a permitted or
conditional use.
18.32.040 General regulations.
A. Area, width, yard requirements. There shall 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 and
Solar Access chapter; except where required or increased for condi-
tional uses; and except where required by the Site Review chapter
(18.72) of this Title; and except where abutting a residential zone,
where such setback shall be maintained at 10 ft. per story for side
and rear yards.
B. Maximum building height.
ft. in height.
No structure shall be greater than 40
18.32.050 "D" Domn~town Overlay District
A. In all areas within the "D" Downtown Overlay District, all uses
other than residential and hotel and motel uses are not required to
provide off-street parking or loading areas. Any parking areas
provided shall comply with the Off-Street Parking chapter and the
Site Review chapter.
B. Structures which are greater than 40 ft. in height, but less
than 55 ft., may be permitted as a conditional use.
C. The following conditional use is permitted only in the "D"
Overlay district: adult bookstores and adult movie houses, provided
the same are located a minimum of 500 ft. from parks, playgrounds,
libraries, public or private schools, excluding colleges and univer-
sities.
D. The solar access setback does not apply in the "D" Overlay
district.
Revised December 1982
Land Use 18.40.010--18.40.030
Chapter 18.40
E-1 EMPLOYMENT DISTRICT
Sections:
18.40.010
18.40.020
18.40.030
18.40.040
18.40.050
Purpose.
Permitted uses.
Conditional uses when in proximity to residential dis-
tricts.
Conditional uses.
General regulations.
18.40.010 Purpose. The purpose of this district is to provide for a
variety of uses such as office, retail, or manufacturing in an aes-
thetic environment and having a minimal impact on surrounding uses.
18.40.020 Permitted uses. The following uses and their accessory
uses are permitted outright:
A. Professional, financial, and business and medical offices, and
personal service establishments such as beauty and barber shops,
launderettes, clothes and laundry pick-up stations.
B. Stores, shops and offices supplying commodities or performing
services, but not including a shopping center with more than one
store per tax lot unless located on a street designated an arterial
in the Ashland Comprehensive Plan.
C. Eating, drinking, entertainment and dancing establishments.
D. Cabinet, carpentry, electrical, furniture, machine, plumbing or
heating shop, printing, publishing, lithography, or upholstery.
E. Light manufacturing, assembly, fabricating, or packaging of
products from previously prepared materials, such as cloth, plastic,
wood (not including saw, planing, or lumber mills or molding plants),
paper, cotton, precious or semi-precious metals or stone.
F. Manufacture of electric, electronic, or optical instruments and
devices.
G. Administrative or research establishments.
18.40.030 Conditional uses when in proximity to residential districts.
The following uses and their accessory uses are permitted when author-
ized in accordance with the chapter on conditional uses if they are
within 200 ft. of any residential district. If no portion of the tax
lot upon which the proposed use is intended to be located is more
Revised December 1982
Land Use 18.40.030--18.40.~040
than 200 ft. from a residential district, the use is permitted out-
right.
A. Bakeries, bottling plants, cleaning and dyeing establishments,
laundries, and creameries.
B. Wholesale storage and distribution establishments.
C. Mortuaries.
D. Night operation involving truck deliveries.
18.40.040 Conditional uses. The following uses and their accessory
uses are permitted when authorized in accordance with the Chapter on
Conditional Use Permits:
A. Hanufacture of food products, pharmaceuticals and similar items,
but not including the production of fish or meat products, or fermen-
ted foods, such as sauerkraut, vinegar or other materials which have
significant potential for odor, or the rendering of fats or oils.
B. Cold storage plants.
C. Public and public utility buildings and yards.
D. Shopping centers or department stores on parcels not located on
an arterial street as designated in the Ashland Comprehensive Plan.
E. Mini-warehouses and similar storage areas.
F. Contractor equipment storage yards or storage and rental of
equipment commonly used by a contractor.
G. Commercial parking lots for passenger vehicles.
H. Automobile service stations, new and used car sales, boat,
trailer and recreational vehicles sales and storage areas.
I. Hotels and motels.
J. Residential uses, subject to all the reuirements of the R-2
district.
K. Building material saZes yards, but not including concrete or
asphalt batch or mixing plants.
L. Any use which involves outside storage of merchandise, raw
materials, or other material associated with the primary use on the
site.
M. Kennels and veterinary clinics.
Revised December 1982
Land Use 18.40.040--18.40.050
Residential uses, subject to the requirements of the R-3 zone.
18.40.050 General regulations.
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 residential district, in which case a side and rear yard of
at least 10 ft. per story shall be required, and except as required
in the Site Review and Solar Access chapters of this Title.
C. Maximum building height.
ft. in height.
No structure shall be greater than 40
D. There shall be no manufacturing, retailing, or other activity on
the site which is not entirely conducted within a building, except as
specifically permitted in Section 18.40.040(L).
Revised December 1982
Land Use 18.52.010--18.52.040
Chapter 18.52
M-1 INDUSTRIAL DISTRICT
Sections:
18.52.010
18.52.020
18~52.030
18.52.040
18.52.010
Purpose.
Permitted uses.
Conditional uses.
General regulations.
Purpose. This district is designed to encourage sound
industrial development in the City by providing a protective environ-
ment exclusively for such development.
18.52.020 Permitted uses. The following uses and their accessory
uses are permitted outright:
A. Any manufacturing, processing, assembling, research, wholesale
or storage use.
Railroad yards and freight stations, trucking and motor freight
stations and facilities.
Co Public and public utility service buildings, structures and
uses.
D~ Dwelling for a caretaker or watchman employed on the premises.
Eo Building materials sales yards, including concrete or asphalt
batch or mixing plants.
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:
Junkyards and auto wrecking yards.
Kennels and veterinary clinics.
C. Banks, restaurants or other convenience establishments designed
to serve persons working in the zone only.
18.52.040 General regulations.
A. Minimum lot area, width, depth. There is no minimum lot area,
lot width, or lot depth.
B. Minimum front yard. The minimum front yard shall be 25 ft.
C. Minimum side yard. There is no minimum side yard requirement,
except 20 ft. where adjoining a residential district.
Revised December 1982
Land Use 18.52. 040
D. Minimum rear yard. There is no minimum rear yard requirement,
except 20 ft. where adjoining a residential district.
E. Maximum building height.
ft. in height.
No building shall be greater than 40
F. Solar setback. The solar setback shall apply in this district.
Revised December 1982
Land Use 18.60.010--18.60-030
Chapter 18.60
AIRPORT OVERLAY ZONE
Sections:
18.60.010
18.60.020
18.60.030
Purpose.
A-1 overlay zone.
General provisions.
18.60.010 Purpose. This overlay zone is intended to be applied to
properties which lie within close proximity to the Ashland Airport
where aircraft are likely to be flying at relatively low elevations.
Further, the zone is intended to prevent the establishment of air-
space obstructions in such areas through height restrictions and
other land use controls. Application of the zone does not alter the
requirements of the parent zone except as specifically provided
herein. The overlay zone is shown on the Zoning Map.
18.60.020 A-1 overlay zone.
A. Permitted uses shall not include residential uses unless ap-
proved under the procedure outlined for conditional uses.
B. Maximum height of structures, trees or other airspace obstruc-
tions shall be twenty feet.
C. All planning actions will require, as a condition of approval,
that the applicant sign an agreement with the City agreeing that
airport noise is likely to increase in the future and that they waive
all rights to complain about airport noise.
18.60.030 General provisions.
A. The city may top any tree which is in excess of those maximum
heights listed in Section t8.60.020, or locate appropriate lights or
markers on those trees as a warning to the operators of aircraft.
B~ No use shall be made of land or water within any of this zone 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.
Revised December 1982
Land Use 18.62.010--18.62.030
Chapter 18.62
PHYSICAL CONSTRAINTS
Sections:
18.62.010
18.62.020
18.62.030
18.62.040
18.62.050
18.62.060
18.62.080
18.62.090
18.62.100
18.62.110
18.62.120
Purpose and intent.
Regulations.
Definitions.
Permit required.
Land classifications.
Official maps.
Development standards for Class B lands.
Development standards for Class C lands.
Development standards for Class D lands.
Development standards for Class E lands.
Development standards for Class F lands.
18.62.010 Purpose and intent. The purpose of these regulations is
to provide variable densities based upon land type, normal densities
for geologically stable areas, and lower densities for geologically
unstable areas; to provide for safe, orderly and beneficial develop-
ment of districts characterized by diversity of physiographic condi-
tions; and to provide for sensitve development in areas that are
constrained by various natural features. Physiographic conditions
can be considered to include, but are not limited to: slope of the
land, natural drainageways, wetlands, soil characteristics, potential
landslide areas, and natural and wildlife habitats.
18.62.020 Regulations. The regulations contained in this chapter
are applicable to all lands in the City. The type of regulation
applicable to the land depends upon the classification in which the
land is placed, as provided in Section 18.62.040. If those regula-
tions conflict with other regulations of the City of Ashland's Muni-
cipal Code, the stricter of the two regulations shall govern.
18.62.030 Definitions. The following terms are hereby defined as
they are used in this Code:
A. Architect - An architect licensed by the State of Oregon.
B. Cohesive soils - Residual or transported soils, usually origina-
ting from parent rock which contains significant quantities of min-
erals which weather to clay. Cohesive soils have a Plasticity Index
of 10 or more, based on laboratory testing to AASHTO, or a site-
specific scientific analysis of a particular soil material.
C. Development - Any alteration of the land surface by construction
of a structure of any kind, including grading, filling, cutting and
other earth-moving activities, and/or construction of a building,
road, driveway, parking area or other structure.
Revised December 1982
Land Use 18.62.030--18.62.050
D. Engineer - A registered professional engineer licensed by the
State of Oregon.
E. Engineering geologist - A registered professional engineering
geologist licensed by the State of Oregon.
F. Floodway channel - The floodway channel as definied in the Flood
Insurance Study for Ashland, Oregon, published by the Federal Emerge-
ncy Management Agency on Dcember 1, 1980.
G. Gully - A drainage incision, commonly caused by erosion, which
does not experience regular or seasonal stream flow, but does act as
a channel for runoff during periods of high rainfall.
H. Non-cohesive soils - Residual or transported soils containing no
or very little clay, usually from crystalline granitic parent rock.
Non-cohesive soils have a Plasticity Index of less than 10, based on
laboratory testing to AASHTO, or a published scientific analysis of a
particular soil type.
I. Wildfire - Fire caused by combustion of native vegetation,
commonly referred to as forest fire or brush fire.
18.62.040 Permit required.
A. A permit shall be required if standards contained in this chap-
ter apply for any grading, filling or other development on any Class
B, C, D, E or F lands as defined in this ordinance. The permit is
obtainable from the Staff Advisor who shall ensure that all require-
ments of this and other applicable ordinances have been met prior to
permit issuance. The permit shall contain all information considered
necessary by the Staff Advisor to ensure compliance with this code.
The Staff Advisor may require modification of the plans, and may
attach conditions to the permit to ensure compliance with this code.
B. The permits shall cost $10.00 for each buildable lot or dwelling
unit, whichever is greater.
18.62.050 Land classifications. The following factors shall be used
to determine the classifications of various lands and their con-
straints to building and development upon them:
A. Class A lands - no constraints. Class A lands are lands which
are not otherwise constrained for development under this code.
B. Class B lands - constraints due to water hazards. The following
lands are classified as Class B:
1) All lands within the recorded 100-year flood plain.
2) All areas within 30 ft. (horizontal distance) of any drai-
nage channel which experiences intermittent or permanent
stream flow.
C. Class C lands - constraints due to erosion hazards. Class C
Revised December 1982
Land Use 18.62. 050--18.62.060
lands are lands which are subject to damage from erosion. Class C
lands include the following:
t) All lands of 30% or greater slope.
2) Drainage channels, gullies and areas of active or past
identifiable erosion problems.
D. Class D lands - constraints due to foundation fai-
lures and slope stability failures
Class D lands include the following:
1) All lands with slopes greater than 40%.
2) Any existing unstable land forms such as areas of evident
slumps, slides, ground creep, debris flows, seeps and
springs, or other groundwater manifestations which would
have an impact on slope stability.
E. Class E lands - hazard due to wildfire. Class E lands contain
the following:
1) All lands which have been subject to wildfire hazards in
the past.
2) All lands which contain sufficient native vegetative cover
to support wildfire.
F. Class F lands. Class F lands have extremely severe constraints
which generally limit normal development. Class F lands include the
following:
1
2
3
All areas which are within the floodway channels, as de-
fined in the City's Flood Protection Ordinance.
All lands with a slope greater than 50%.
All areas which have an identifiable slope instability or a
history of slope instability.
G. Classifications cumulative. The above classifications are cumu-
lative in their effect and, if a parcel of land falls under two or
more classifications, it shall be subject to the regulations of each
classification. Those restrictions applied shall pertain only to
those portions of the land being developed and not necessarily to the
whole parcel.
18.62.060 Official maps.
A. The City may adopt official maps denoting the identified areas
of natural hazard when adopting this code. Amendment of these maps
shall be a Type III procedure.
B. The Staff Advisor shall require compliance with the provisions
of this ordinance in an area not identified on the official map if,
on the basis of slope measurement, flood plain identification, or
vegetative species and cover only, he finds that the land fits the
description of a natural hazard land as identified in Section
18.62.050.
C. If the Staff Advisor suspects that property not identified on
the official maps may be subject to a natural hazard described in
Section 18.62.050, he may withhold issuance of the development permit
Revised December 1982
· Land Use 18.62.060--18.62.~080
for 30 days to study the facts relating to the land. Compliance with
the provisions of 18.62.050 shall be required only after a report
from an engineer or engineering geologist, as applicable to the
problem identified, certifies that the land in question complies with
the description of a natural hazard in 18.62.050, except as provided
in (B) above. In this case, the burden of proof is on the City.
18.62.080 Development standards for Class B lands.
lands, the following is required:
In all Class B
A. Residential construction. New construction and additions to any
residential structures on Class B lands shall have the lowest floor,
including basement, elevated one and one-half feet or more above the
elevation established by the National Flood Insurance Study, where
this information is available.
B. Nonresidential construction. New construction or substantial
improvement of any commercial or industrial or other nonresidential
structure shall either have the lowest habitable floor and footing
basement elevated to the level of the elevation of the 100-year
flood, established by the National Flood Insurance Study, or, toget-
her with all utility and attendant sanitary facilities, shall:
1) Be flood-proof so that below the base flood level the
structure is water-tight, with walls substantially imper-
meable to the passage of water.
2) Have structural components capable of resisting hydrostatic
and hydro-dynamic loads and the effects of buoyancy.
3) Be designed by an engineer or architect to meet the
standards of this subsection.
C. Where information regarding the 100-year flood plain is not
available from the National Flood Insurance Study, then the following
certification is required:
1) A declaration by an engineer that the proposed building
will be at least one and one-half feet above the calculated
i00-year flood elevation. The 100-year flood elevation
shall be determined by computing the runoff, using standard
engineering techniques, of a 100-year design storm.
2) The above declaration is not required for structures whose
lowest habitable floor is at least 10 ft. higher than the
elevation of the creek bed on the sections of Ashland Creek
not covered by the National Flood Insurance Study, and 5
ft. above the creek bed for any other creek, measured at a
location perpendicular to the location of the proposed
structure.
D. The culverting or bridging of any waterway or creek which quali-
fies under the criteria for Class B lands must be designed by an
engineer. Such crossing shall be designed to pass a t00-year flood
without an increase of more than .5 ft. in the upstream flood height
elevation.
Standards for fill in Class B lands.
1) They shall be designed as required by the Uniform Building
Revised December 1982
Land Use 18.62.080--18.62.090
2)
3)
Code, Chapter 70, where applicable.
The slope on such a fill shall not exceed a grade of 50%;
the toe of such fill shall kept be outside floodway chan-
nels.
The amount of fill in Class B lands shall be kept to a
minimum. The following standards shall apply:
a) All subdivisions, partitionings, and Performance Stan-
dards developments which envision development of any
Class B lands shall indicate on the preliminary plan
the location of all structures proposed to be sited in
Class B lands. These structures shall be placed so
that a minimum of fill is required to develop the
land.
b) Development proposals, whether nonresidential or resi-
dential, together with public utilities and facilities
attendant to them, shall be constructed to minimize
alteration of the Class B lands, and adequate drainage
shall be provided.
c) To the maximum extent feasible, structures should be
located on other than Class B lands. If this is not
possible, then structures shall be located on lands
which have the shallowest flood depths.
18.62.090 Development standards for Class C lands.
A. All development which removes vegetation or disturbs topsoil and
which leaves the disturbed soil at a slope of 50% or more shall
comply with the following standards:
1) Any exposed soil shall be revegetated in a manner to re-
establish a vegetative community within a one-year period
from issuance of a Certificate of Occupancy. If irrigation
is not provided, then the exposed soil must be planted with
species which can survive without irrigation.
2) Vegetative cover, rock, dry or conventional masonry, or
other permanent cover must be maintained in perpetuity on
areas which have been disturbed.
3) These restrictions shall not apply to areas of exposed
bedrock which exhibit no erosion potential.
B. Any development which increases the natural runoff by decreasing
the infiltration of the soil shall conform to the following stan-
dards:
1) All roof drainage must be collected, controlled and direc-
ted either by underground pipe or concrete or asphalt
gutter to a City street or storm drain.
2) All drainage from driveways, parking areas, and other impe-
rvious surfaces must be collected, controlled and directed
to a City street or storm drain by underground pipe or
concrete or asphalt gutter.
3) Other alternate methods of storm water disposal, such as a
l~achfield, may be approved by the City's Public Works
Department.
C. Any development of partitioning which is proposed in Class C
Revised December 1982
Land Use 18.62.090--18.62. 120
lands must submit a master plan at the time the final plan or plat is
filed. All development must comply with the master plan. Any impro-
vements necessary for the implementation of the master plan (e.g.,
storm drains, getters, etc.) which involve two or more parcels of
land must be constructed by the applicant prior to any development
occurring on the parcels.
18.62.100 Development standards for Class D lands·
A. All structures in Clas D lands shall have foundations which have
been designed by an engineer or architect.
Cuts and fills.
1) All cuts, grading or fills shall conform to Chapter 70 of
the Uniform Building Code.
2) In addition, any cuts and/or fills greater than 500 cubic
yards in Class D lands must be designed by an engineer to
comply with UBC Chapter 70. Such cuts and/or fills shall
be designed in such a manner that they will be stable for
the use intended.
3) If the structure is not a City street or a public right-of-
way, the engineer shall declare to the City after the cut
and/or fill is completed that it was constructed to plans
and meets all standards set forth in the plans approved.
4) Nothing in this section shall abridge the City's right to
inspect work in pregress or in its completed state, te make
apprepriate measurements and tests to determine if the cut
and fill was made according to plan, and to require altera-
tions prior to final approval of the cut and/or fill.
18.62.110 Development standards for Class E lands.
A. A 30-ft. shaded fuel break shall be installed and maintained
around each dwelling unit or structure. Such fuel break shall be
increased by 5 ft. for each 10% increase in slope over 10%.
B. A shaded fuel break is defined as an area which is free of dead
or dying vegetation, and has native, fast-burning species sufficien-
tly thinned so that there is no interlocking canopy of this type of
vegetation. Where necessary for erosion control or aesthetic pur-
poses, the fuel break may be planted in slow-burning species. Fuel
breaks do not involve Stripping the ground of all native vegetation.
C. No structure shall be constructed or re-roofed with wooden
shingles, shakes or other combustible roofing material, as defined in
the City's building code.
D. Fuel breaks in areas which are also Class C lands shall be
included in the erosion control measures outlined in Section
!8.62.090.
18.62.120 Development standards for Class F lands.
A. Class F lands are extremely sensitive to development, grading,
Revised December 1982
Land Use 18.62.120
filling, or vegetation removal and, whenever possible, alternative
development should be considered.
B. Development of floodways is not permitted except for bridges and
road crossings. Such crossings shall be designed to pass the 100-
year flood without raising the upstream flood height more than 0.5
ft.
C. Development of land or approval for a planning action shall be
allowed to occur only When the following study has been accomplished.
An engineering geologic study approved by the City's Public Works
Director and Planning Director establishes that the site is stable
for the proposed use and development. The study shall include the
following:
1) Index map.
2) Project description to include location, topography, drain-
age, vegetation, discussion of previous work and discussion
of field exploration methods.
3) Site geology, based on a surficial survey, to include site
geologic maps, description of bedrock and surficial mat-
erials, including artificial fill, locations of any fault~,
folds, etc., and structural data incluRing bedding, joint-
ing and shear zones, soil depth and soil structure.
4) Discussion and analysis of any slope stability problems.
5) Discussion of any off-site geologic conditions that may
pose a potential hazard to the site, or that may be affe-
cted by on-site development.
6) Suitability of site for proposed development from a geolo-
gic standpoint.
7) Specific recommendations for cut slope stability, seepage,
and drainage control or other design criteria to mitigate
geologic hazards.
8) If deemed necessary by the engineer or geologist to estab-
lish whether an area to be affected by.the proposed develo-
pment is stable, additional studies and supportive data
shall include cross-sections showing sub-surface structure,
graphic logs with subsurface exploration, results of labor-
atory tests, and references.
9) Signature and registration number of the engineer and/or
geologist.
10) Additional information or analyses as necessary to evaluate
the site.
Revised December 1982
Land Use 18.68.010--18.68.020
Chapter 18.68
GENERAL REGULATIONS
Section:
18.68.010
18.68.020
18.68.030
18.68.040
18.68.050
18,68.070
18.68.080
18.68.090
18.68.100
18.68.110
18.68.120
18.68.130
18.68.140
18.68~150
Fences.
Vision clearance area.
Access.
Yard measurements.
Special setback requirements.
Land survey.
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.
18.68.010 Fences. Fences, walls, hedges and screen planting shall
be subject to the following standards:
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, provided they do not exceed six and
one-half feet in height.
C. The height of fences or walls in rear or sideyard setback areas
abutting a public street shall be 48 inches or less if said fences or
walls are within 10 ft. of any public street except an alley.
D. The framework for newly constructed fences and walls shall face
toward the builder's property, except where fences are jointly con-
structed~
E. Fences shall lean at an angle from the vertical plane no greater
than 5%. In cases where this limitation is exceeded and a written
complaint is received by the Planning Department, the property owT]er
shall be notified in writing of the problem. The Planning Department
shall take action only on the basis of a written complaint, or on its
own action.
18.68.020 Vision clearance area. Vision clearance areas shall be
provided with the following distances establishing the size of the
vision clearance area:
Revised December, 1982
Land Use 18.68.020-18.68.07~
A. In any R district, the minimum distance shall be 25 ft. or, at
intersections including an alley, 10 ft.
B. In all other districts except the C-1 and E-1 districts, the
minimum distance shall be 15 ft. or, at intersections, including an
alley, 10 ft. When the angle of intersection between streets, other
than an alley, is less than 30o, the distance shall be 25 ft.
C. The vision clearance area shall contain no plantings, fences,
walls, structures, or temporary or permanent obstructions exceeding
two and one-half feet in height, measured from the top of the curb,
except that street trees exceeding this height may be located in this
area, provided all branches and foliage are removed to a height of
eight feet above the grade.
18.68.030 Access. Each lot shall abut a minimum width of 40 ft.
upon a public street (other than an alley). This requirement may be
decreased to 25 ft. on a cul-de-sac vehicle turnaround area. Except
with an approved flag partition, no lot shall abut upon a street for
a width of less than 25 ft.
18.68.040 Yard measurements. All yard measurements to and between
buildings or structures or for the purpose of computing coverage or
similar requirements shall be made to the building or nearest projec-
tion thereof and shall be unobstructed from the ground upward, except
that architectural projections may intrude 18 in. into the yard
requirement.
18.68.050 Special setback requirements. To permit or afford better
light, air and vision on more heavily traveled streets and on streets
of substandard width, to protect arterial streets, and to permit the
eventual widening of hereinafter named streets, 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
35 ft.
Ashland Street (Highway 66) between
City limits and Siskiyou Boulevard
65 ft.
Also, front yards for properties abutting all arterial streets shall
be no less than 20 ft., with the exception of the C-1-D district.
18.68.070 Land surveys. Before any action is taken pursuant to this
Title which would cause adjustments or realignment of property lines,
required yard areas, or setbacks, the exact lot lines shall be vali-
dated by location of official survey pins or by a survey performed by
Revised December, 1982
Land Use 18.68.070--18.68.090
a licensed surveyor.
18.68.080 Commercial excavation - removal of earth products.
A. Before a Conditional Use Permit for the commercial excavation
and removal of earth products can be granted, plans and specifica-
t. ions showing the location of premises, 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 grounds
to revoke the Conditional Use Permit.
C. In reviewing the application, the Planning Commission may consi-
der the most appropriate use of the land, distances from property
lines, the protection of pedestrians and vehicles, the prevention of
the collection and stagnation of water at all stages of the opera-
tion, and the rehabilitation of the land upon termination of the
operation.
D. A bond may be required to insure performance.
18.68.090 Nonconforming uses and structures.
A. A nonconforming use or structure may not be enlarged, extended,
reconstructed, substituted, or structurally altered, except as fol-
lows:
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 the same procedure as
provided in the Conditional Use Chapter, an existing build-
ing, structure, or land may be enlarged, extended, recon-
structed, or structurally altered, except that a Condition-
al Use Permit need not be obtained to enlarge or extend a
single-family home in the residential district, provided
that the addition or extension meets all requirements of
this Title.
B. Discontinuance: If the nonconforming use of a building, struc-
ture, 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 not include a
period of active reconstruction foilowing a fire or other result of
natural hazard; and the Planning Commission may extend the discont-
inuance period in the event of special unique unforseen circumstances.
Revised December, 1982
Land Use 18.68.090--18.68.110
C. Building or structure: Nothing contained in this Title shall
require any change in the plans, construction, alteration, or desig-
nated 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, be a discontinued use if not in opera-
tion within two years of the date of issuance of the building permit.
18.68.100 Slope; hillside protection. In order to prevent
development which will cause undue slope destruction due to rapid
erosion and runoff, the following requirement shall be met in all
residential developments where any portion of the lot falling within
the definition of lot coverage exceeds twenty 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:
Coverage
Slope (%) Reduction (%)
20-24.99 I5
25-29.99 30
30-34.99 45
35-39.99 60
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 caluclating lot slope, portions of the lot
having greater than the maximum allowable slope shall not be included
as part of the area within the lot coverage.
D. The Planning Department shall have on file a general
identification of areas of greater than twenty percent slope. It
shall be the responsibility of the developer to provide certification
of the average slope by a Registered Surveyor.
18.68.110 Front yard--general exception.
A. If there are dwellings or accessory buildings on both abutting
(even if separated by an alley or private way) lots with yards of
less than the required depth for the district, the yard for the lot
need not exceed the average yard of the abutting structures.
A. If there is a dwelling or accessory buildings on both abutting
(even if separated by an alley or private way) lots with yards of
less than the required. depth for the district, 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
Revised December, 1982
Land Use 18.68.110--18.68.140
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 front yard may be reduced to ten feet on hillside lots where
the terrain 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 overhead gas, electrical, steam, or water
transmission or distribution systems, collection, communication,
supply, or disposal systems, including poles, towers, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
equipment and accessories in connection therewith, 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--qeneral exception. If a lot or the
aggregate 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 district subject to all other re-
quirements, provided it complied with 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
limitations:
A. A greenhouse or hothouse may be maintained accessory to a
dwelling in an R district.
B. A guest house may be maintained accessory to a single-family
dwelling provided there are no kitchen cooking facilities in the
guest house.
C. Regardless of the side and rear yard requirements of the dis-
trict, in a residential district a side or rear yard may be reduced
to three feet for an accessory structure erected more than fifty feet
from any street, other than alleys, provided the structure is de-
tached and separated from other buildings by ten feet or more, and is
no more than fifteen feet in height.
Revised December, 1982
Land Use 18.70.010--18.70.020
Chapter 18.70
SOLAR ACCESS
Sections:
18.70.010
18.70.020
18.70.030
18.70.040
18.70.050
18.70.060
18.70.070
18.70.080
18.70.085
18.70.090
18.70.100
18.70.110
Purpose and intent.
Definitions.
Solar setbacks.
Staff advisor waiver of solar setback requirements.
Waiver by release of protected area property owner.
Variances.
Application for recordation of solar collector.
Hearing procedure.
Limits on recordation.
Entry of recordation into register.
Effect and enforcement.
Repurchase of recordation.
18.70.010 Purpose and intent. The purpose of the Solar Access chap-
ter is to provide protection of a reasonable amount of solar access
to all parcels in the City so that investments in solar equipment may
be secure, and further use of solar energy will be encouraged. This
protection should weigh equally on both the receiving property owner
and the property owner which will potentially shade the receiving
property owner.
18.70.020 Definitions. As used in this chapter, the following terms
shall have the meanings shown:
A. "Collector surface." Any part of a solar collector that absorbs
direct solar energy for use in the collector's energy transformation,
which shall include solar apertures (windows and greenhouses) in
passive solar design. It does not include such items as frame sup-
ports and mounting hardware.
B. "Collector use period."
I) Annual. Use of solar collector from I0 AM to 2 PM compen-
sated standard time or local solar time year-round.
2) Summer. Use of solar collector from 9 AM to 3 PM compen-
sated standard time or local solar time each day from March 21st
through September 20th.
3) Winter. Use of solar collector from 10 AM to 2 PM compen-
sated standard time or local solar time each day from September 21st
through March 20th.
4) In the case of any amendment to the collector use period,
the collector use period as defined on the date of issue of the solar
access recordation shall apply. A recorded owner may apply for a new
recordation granting the new period of protection if a longer collec-
Revised December 1982
Land Use 18.70.020
tot use period is promulgated.
C. "Development permit." Any permit or authorization issued by the
City as a prerequisite for undertaking any development. It includes
permits and authorizations customarily known as building permits,
zoning or rezoning perm%ts, variances, special permits, plat approv-
als, or subdivision or performance standards development permits.
D. "Incident solar radiation."
surface area.
Solar energy falling upon a given
E. "Passive solar space heating." Heating of the interior of a
structure by a direct, indirect or isolated gain system consisting of
glazing and thermal mass which stores energy overnight and releases
energy within the structure by radiation and convection.
F. "Protected area." That portion of the lot which is buildable,
not in the required setback area and not shaded by a 6-ft. high
object at the property line during the winter collector use period,
and may be used for the location of a recorded solar collector.
G. "Recorded collector." A solar collector for which a solar
access recordation has been issued or for which a recordation appli-
cation is pending.
H. "Recorded owner." The holder of a solar access recordation
issued under this ordinance.
I. "Registered lessee."
of the County Clerk.
Holder of a lease registered in the office
J. "Shaded." A solar collector is deemed shaded if vegetation or
structures block the incident solar radiation that would otherwise
reach its collecting surface during the collector use period. Such
insubstantial shadows as those cast by utility poles, wires, flag-
poles and slender antennas are not deemed to shade for the purposes
of this ordinance. The City may rule on particular cases to further
define such insubstantial shading exempted from regulation.
K. "Solar access recordation." A recordation issued under the
procedures set out in this ordinance.
L. "Solar collector." A device, or combination of devices, struc-
tures, or part of a device or structure that uses incident solar
radiation for passive solar space heating or that transforms incident
solar radiation into thermal, mechanical, chemical, or electrical
energy and that provides sufficient energy to satisfy the City's
minimum standard.
>[. "Sun chart." A drawing or other representation plotting the
position of the sun in the sky using as coordinates solar altitude in
Revised December 1982
Land Use 18.70.020.-18.70.030
ten-degree increments and solar azimuth measured to the east and west
of true south in fifteen-degree increments. The sun chart shall
display the path of the sun during each hour of the day during the
collector use period for 42o N. latitude.
N. "Unprotected area." That area of a lot which could not be used
for the location of a solar collector. This area includes all re-
quired setback areas, parking lots, streets, alleys and other public
rights-of-way and easements, and the northern half of lots which are
less than twice the minimum lot size of the zone in which they are
located.
18.70.030 Solar setbacks. All structures shall meet the solar ac-
cess requirements of this chapter, according to the following condi-
tions:
A. if the structure is set back from the northerly private property
line according to the graph and formulas in Figure A, the structure
meets the requirements of this chapter. The setbacks and slopes of
the land shall be measured 30o east and 30o west of north.
25%
_ %O
$0
~$
Height,
-20% -15% -10% -5% 0 5%10%15%
Positive Slope
Negative Slope CITY OF ASRLAND SOLAR SETBACK CALCULATOR
Chart ^. Setback from the north property line(compensated).
Revised December 1982
Land Use 18.70.030
Formulas used to create Figure A:
Where slope = s > -0.10
S = sin (90 - a)
sin (a + tan -1 s)
Cos (tan -1/s/)
H-6
W~ere slope = -.10 > x > -.20
S = sin (90 - a)
sin (a + tan -is)
cos (tan -1/s/)
Zog (lO0/s/7----
H-6
%~here slope = s < -.20
The equation shall be the same as in (b) above, except that s =
Where
S = setback from property line
a = solar altitude, 22°
s = slope = northerly elevation 1 - southerly elevation 2
distance between E1 & E2
H = height of shadow-casting portion of building
B. If the setback required under paragraph (A) above cannot be met
by the proposed structure, then the following method shall be used to
determine the setback. The actual shadow length to be cast by the
proposed structure shall be determined by the following graph and
formulas contained in Figure B:
Height
~J% - 20%
- 15% - 10% - 5% 0 5% 10% 15% 20% 25%
~---Negative Slope Positive
CITY OF ASHLAND SOLAR SETBACK CALCULATOR
B. Actual Shadow Length, Solar Altitude - 22°
Revised December 1982
Land Use 18.70.040--18.70.070
increase the shading of the protected area.
18.70.050 Waiver by release of protected area property owner.
A. The requirements of this chapter shall be waived if the owner or
owners of all property which contains the protected area to be shaded
during the winter collector use period by a proposed structure re-
leases the builder of the proposed structure from the requirements of
this chapter. Such a release shall be on a form supplied by the City
and shall contain the following information:
1) All persons who hold an interest in the property in ques-
tion.
2) A statement that the waiver applies only to the specific
building or buildings to which the waiver is granted.
3) A statement that the solar access guaranteed by this chap-
ter is waived for that particular structure and the City is held
harmless for any damages resulting from the waiver.
4) A description and drawing of the shading which would occur.
5) The form shall be signed by all persons who hold an inte-
rest in the property to be shaded, and shall be recorded in the
Jackson County Recorder's Office on the deed of the property to be
shaded.
B. The Staff Advisor shall grant a waiver after all the necessary
information has been presented, all proper forms completed, and the
necessary papers have been recorded in the County records.
18.70.060 Variances.
A. Any variances to this chapter shall be processed as Type I
procedures.
B. In addition to the findings in Chapter 18.100 of this Title, a
variance may be granted on the sole finding that solar access during
the winter collector use period to the protected area of'~adjacent
parcels will not be further restricted or impeded by the construction
of the proposed structure.
18.70.070 Application for recordation of solar collector.
A. Recordation is applicable in the City of Ashland to protection
of shading by vegetation only. Shading by buildings is protected by
the setback provisions of this ordinance.
B. Any property owner or lessee, or agent of either, may apply for
a solar access recordation from the Staff Advisor. The application
shall be in such form as the Staff Advisor may prescribe, but shall,
at a minimum, include the following: 1) A fee of $50.00. ·
2) The applicant's name and address, the owner's name and
address, and the tax lot number of the property where the proposed
Revised December 1982
Land Use 18.70.030--18.70.040
Formulas used for Figure B:
Where a tan-Us
S = sin (90 - a)
sin (a + tan-1 s)
cos (tan-US/) H
The Staff Advisor shall then determine whether the shadow cast is in
an "unprotected area" as defined in this ordinance. If the shadow to
be cast by the proposed structure is entirely within an unprotected
area, the Staff Advisor shall issue the permit.
C. if the above two criteria require a setback for a 16-ft. high
building which is greater than one-third of the distance across the
lot in a northerly direction, then the setback shall be determined by
the graph and formulas in Figure C. This section shall pertain to
properties within the C-i, E-1 and M-1 zones unless shading occurs on
an adjacent residential property.
- 25% - 20% - 15% - 10% - 5?° 0 5% 10% I5% 20% 25"/,
~ Negative Slope Positive Slope ~
CITY OF ASHLAND SOLAR SETBACK CALCULATOR
Chart 3. 16' Solar Fence Rooftop pcotection and Commercta!
18.70.040 Staff Advisor waiver of solar setback requirements. The
Staff Advisor may waive the requirements of this chapter if he finds
that the protected area which would be shaded by'allowing the waiver
already lacks solar access due to shading by topography or other
adjacent existing structure, and the proposed new structure would not
Revised December 1982
Land Use 18.70.070
collector is to be located.
3) A statement by the applicant that the collector is already
installed or that it will be installed on the property within one
year following the granting of the recordation.
4) The proposed site and location of the collector, its orien-
tation with respect to true south, and its slope from the horizontal,
shown clearly in drawing form.
5) An explanation of how the applicant has done everything
reasonable, taking cost into account, in designing and locating the
collector in a manner to minimize the impact that the solar access
recordation will have on the development of nearby properties, and
that the collector is located in a "protected" area as defined in
this chapter. Where feasible, taking cost and system characteristic
into account, solar collectors shall be located, in descending order
of priority, on the south roof, attached to the south wall of the
building, on the accessory structure, or within the required setbacks
on grade.
6) A sun chart showing the plotted skyline (hills, existing
buildings, deciduous and evergreen trees) from the center of the
lower edge of the proposed location of the collector surface. Such
sun chart shall show the location and mature heights of all trees
over 10 ft. in height on the encumbered properties.
7) The tax lot numbers of 10 or fewer adjacent properties
proposed to be subject to the solar access recordation. A parcel map
of the owner's property and such adjacent properties with the loca-
tions of existing buildings and trees noted thereon as shown on the
sun chart°
8) An estimate of the monthly and annual quantity and percen-
tage of energy that the collector is expected to provide for its
particular use given best available weather data and existing access
during the collector use period. An explanation of how these figures
were computed shall be included.
9) Document that the solar collector will provide at least 10%
of the total energy needs of the house or 50% of the hot water needs
cn an annual basis. An Oregon Department of Energy tax credit certi-
ficate or other certificate from the local utility will be accepted
as evidence of this energy use.
I0) A separately signed and dated statement that the applicant
agrees to submit to binding arbitration the value of the recordation
and the damages to be paid if the City diminishes the rights protec-
ted by the recordation following procedures in Section 18.70.110 of
this ordinance.
C. If the application is complete and on its face complies with
this ordinance, then the Staff Advisor shall accept the solar access
recordation application and notify the applicant. The applicant is
responsible for the accuracy of all information provided in the
application.
D. The Staff Advisor shall send notice by certified letter, return
Revised December 1982
Land Use 18.70.070--18.70.080
receipt requested, to each owner and registered lessee of property
proposed to be subject to the solar access recordation. The letter
shall contain, at a minimu, the following information: the name and
address of the applicant; that an application for a solar access
recordation has been filed; copies of the collector location drawing,
sun chart and parcel map submitted by the applicant; that the recor-
dation, if granted, imposes on them duties to trim vegetation at
their expense; the advisability of obtaining photographic proof of
the existence of trees and large shrubs; the times and places where
the application may be viewed; telephone number and address of the
City departments that will provide further information; and that any
adversely affected person may object to the issuance of the recorda-
tion by a stated time and date, and how and where the objection must
be made.
E. If no objections are filed within 30 days following the date the
final certified letter is mailed, the Staff Advisor shall issue the
solar access recordation.
F. If any adversely affected person or governmental unit files a
written objection with the Staff Advisor within the specified time,
and if the objections still exist after informal discussions among
the objector, appropriate City Staff, and the applicant, then a
hearing date shall be set and a hearing held in accordance with the
provisions of Section 18.70.080.
18.70.080 Hearinq procedure.
A. The Staff Advisor shall send notice of the hearing on the recor-
dation application to the applicant and to all persons who objected
to issuance of the recordation, and shall follow the procedures for a
Type I hearing.
B. The Staff Advisor shall consider the matters required for appli-
cations set forth in Section 18.70.070(A) on which the applicant
shall bear the burden of proof and the following factor on which the
objector shall bear the burden of proof: a showing by the objector
that the proposed collector would unreasonably restrict the planting
of vegetation of presently under-developed property. If the objector
is unable to prove these circumstances and the applicant makes the
showings required by Section 18.70.070(A), the Staff Advisor shall
approve the recordation. If the applicant has failed to show all
structures or vegetation shading the proposed collector location in
his application, the Staff Advisor may approve the recordation while
adding the omitted shading structures or vegetation as exemptions
from this ordinance. If the objector shows that an unconditional
approval of the application would unreasonably restrict development
of the objector's presently under-developed property, the Staff Advi-
sor may approve the recordation, adding such exemptions as are neces-
sary to allow for reasonable development of the objector's property.
Revised December 1982
Land Use 18.70.085--18.70.100
18.70.085 Limits on recordation.
A. No recordation may be filed which encumbers any lot which has an
average slope of 15% in the northerly direction.
B. A recordation becomes void if the use of the solar collector is
discontinued for more than 12 consecutive months, or if the solar
collector is not installed and operative within 12 months of the
filing date of the recordation.
C. Any vegetation which is currently breaching the collector skys-
cape is exempted from the trimming requirements of this ordinance.
18.70.090 Entry of recordation into register.
A. When a solar access recordation is granted, the Staff Advisor
shall:
1) File the recordation with the County Clerk, including the
owner's name and address and the tax lot of the property where the
recorded collector is to be located, together with any special excep-
tions or exemptions from the usual effects of a recordation and the
tax lots of the ten or fewer adjacent properties subject to the
recordation.
2) Send a certified letter, return receipt requested, to the
applicant and to each owner and registered lessee of property subject
to the solar access recordation that such recordation has been gran-
ted.
3) Enter this information in a register and plot the recorded
collector location on a map kept for this purpose. The application,
copies of all notices and certified mail return receipts shall be
kept on file.
B. If a recordation becomes void under Section 18.70.085(B), or is
repurchased under Section 18.70.110, the Staff Advisor shall notify
the County Clerk, the recorded owner, and the owner and lessee of
property formerly subject to the recordation.
18.70.100 Effect and enforcement
A. ~o City department shall issue any development permit purporting
to allow the erection of any structure in violation of the setback
provisions of this chapter.
Be No one shall plant any vegetation that shades a recorded collec-
tor (or a recorded collector location if it is not yet installed)
after receiving notice of a pending solar access recordation appli-
cation or after issuance of a recordation. After receiving notice of
a solar access recordation or application, no one shall permit any
vegetation on his or her property to grow in such a manner as to
shade a recorded collector (or a recorded collector location if it is
not yet installed), unless the vegetation is specifically exempted in
Revised December 1982
Land Use 18.70. 100--18.70. 110
the recordation or by this ordinance.
C. If vegetation is not trimmed as required or is permitted to grow
contrary to Section 18.70.100(B), the recorded owner or the City, on
complaint by the recorded owner, shall give notice of the shading by
certified mail, return receipt requested, to the owner or registered
lessee of the property where the shading vegetation is located. If
the property owner or lessee fails to remove the shading vegetation
within 30 days after receiving this notice, an injunction may be
issued, upon complaint of the recorded owner or the City, to District
Court. The injunction may order the property owner or lessee to trim
the vegetation, and the court shall order the violating property
owner or lessee to pay any damages to the complainant, to pay court
costs, and to pay the complainant reasonable attorney's fees.
D. If personal jurisdiction cannot be obtained over either the
offending property owner or registered lessee, the City may have a
notice listing the property by owner, address and legal description
published once a week for four consecutive weeks in a newspaper of
general circulation within the City, giving notice that vegetation
located on the property is in violation of this ordinance and is
subject to mandatory trimming. The City shall then have the power,
pursuant to court order, to enter the property, trim or cause to have
trimmed the shading parts of the vegetation, and add the costs of the
trimming, court costs, and other related costs as a lien against that
property.
E. In addition to the above remedies, the shading vegetation is
declared to be a public nuisance and may be abated through Title 9 of
the Ashland Municipal Code.
F. Where the property owner or registered lessee contends that
particular vegetation is exempt from trimming requirements, the bur-
den of proof shall be on the property owner or lessee to show that an
exemption applies to the particular vegetation.
18.70.110 Repurchase of recordation.
A. Any recordation issued pursuant to this ordinance is subject to
the repurchase requirements of this section.
B. Solar access recordations shall contain a condition clearly
stating that at any time the City may repurchase all or part of the
rights granted by the recordation. At the time of the recordation
application, the applicant shall agree in writing to follow a proce-
dure for valuing the recordation at the time of any buy-back as
follows:
1) Arbitration. In Section 18.70.070(A)(10) of this ordin-
ance, the recorded owner agrees, as a condition of obtaining a recor-
dation, to submit to binding arbitration the value of the recordation
and the damages to be paid if the City diminishes in whole or in part
Revised December 1982
Land Use 18.70. 110
the rights protected by the recordation. The arbitration shall be
held pursuant to the rules of the American Arbitration Association.
The presumptive measure of damages shall be the greater of the pre-
sent net worth of the collector and associated equipment or the
discounted present worth of the difference in energy costs with and
without the collector for the remaining life of the collector and
associated equipment, plus the cost of removing the collector (and
repairing or putting on a new roof, siding, etc. if needed), plus the
cost of providing mechanical equipment properly sized to perform the
task formerly assumed by the collector and associated equipment, plus
the costs to the recorded owner of the repurchase proceedings. The
burden of showing the amount of these presumptive damages shall be on
the recorded owner. The City shall be given the opportunity of
showing by clear and convincing evidence that the actual damages are
less than would be calculated by this formula and the extent of the
actual damages.
2) Eminent domain. If, for any reason, binding arbitration is
not legally possible, the City must use its normal eminent domain
procedures.
C. In either subsection (B)(1) or (2) situation, if a private
individual stands to benefit from the repurchase of a solar access
recordation, the City may require that individual to reimburse the
City for the cost of the repurchase as a prior condition to granting
a development permit that would authorize what would have been unlaw-
ful shading.
Revised December 1982
Land Use 18.70.010--18.70.020
Chapter 18.70
SOLAR ACCESS
Sections:
18.70.010
1.8.70.020
18.70.030
18.70.040
18.70.050
18.70.060
18.70.070
18.70.080
18.70.085
18.70.090
18.70.100
18.70.110
Purpose and intent.
Definitions.
Solar setbacks.
Staff advisor waiver of solar setback requirements.
Waiver by release of protected area property owner.
Variances.
Application for recordation of solar collector.
Hearing procedure.
Limits on recordation.
Entry of recordation into register.
Effect and enforcement.
Repurchase of recordation.
18.70.010 Purpose and intent. The purpose of the Solar Access chap-
ter is to provide protection of a reasonable amount of solar access
to all parcels in the City so that investments in solar equipment may
be secure, and further use of solar energy will be encouraged. This
protection should weigh equally on both the receiving property owner
and the property owner which will potentially shade the receiving
property owner.
18.70.020 Definitions. As used in this chapter, the following terms
shall have the meanings shown:
A. "Collector surface." Any part of a solar collector that absorbs
direct solar energy for use in the collector's energy transformation,
which shall include solar apertures (windows and greenhouses) in
passive solar design. It does not include such items as frame sup-
ports and mounting hardware.
B. "Collector use period."
1) Annual. Use of solar collector from t0 AM to 2 PM compen-
sated standard time or local solar time year-round.
2) Summer. Use of solar collector from 9 AM to 3 PM compen-
sated standard time or local solar time each day from March 21st
through September 20th.
3) Winter. Use of solar collector from 10 AM to 2 PM compen-
sated standard time or local solar time each day from September 2tst
through March 20th.
4) In 'the case of any amendment to the collector use period,
the collector use period as defined on the date of issue of the solar
access recordation shall apply. A recorded owner may apply for a new
recordation granting the new period of protection if a longer col!ec-
Revised December 1982
Land Use 18.70. 020
tot use period is promulgated.
C. "Development permit." Any permit or authorization issued by the
City as a prerequisite for undertaking any development. It includes
permits and authorizations customarily known as building permits,
zoning or rezoning perm%ts, variances, special permits, plat approv-
als, or subdivision or performance standards development permits.
D. "Incident solar radiation."
surface area.
Solar energy falling upon a given
E. "Passive solar space heating." Heating of the interior of a
structure by a direct, indirect or isolated gain system consisting of
glazing and thermal mass which stores energy overnight and releases
energy within the structure by radiation and convection.
F. "Protected area."' That portion of the lot which is buildable,
not in the required setback area and not shaded by a 6-ft. high
object at the property line during the winter collector use period,
and may be used for the location of a recorded solar collector.
G. "Recorded collector." A solar collector for which a solar
access recordation has been issued or for which a recordation appli-
cation is pending.
H. "Recorded owner." The holder of a solar access recordation
issued under this ordinance.
I. "Registered lessee."
of the County Clerk.
Holder of a lease registered in the office
J. "Shaded." A solar collector is deemed shaded if vegetation or
structures block the incident solar radiation that would otherwise
reach its collecting surface during the collector use period. Such
insubstantial shadows as those cast by utility poles, wires, flag-
poles and slender antennas are not deemed to shade for the purposes
of this ordinance. The City may rule on particular cases to further
define such insubstantial shading exempted from regulation.
K. "Solar access recordation." A recordation issued under the
procedures set out in this ordinance.
L. "Solar collector." A device, or combination of devices, struc-
tures, or part of a device or structure that uses incident solar
radiation for passive solar space heating or that transforms incident
solar radiation into thermal, mechanical, chemical, or electrical
energy and that provides sufficient energy to satisfy the City's
minimum standard.
M. "Sun chart." A drawing or other representation plotting the
position of the sun in the sky using as coordinates solar altitude in
Revised December 1982
Land Use 18.70.020.-18.70.030
ten-degree increments and solar azimuth measured to the east and west
of true south in fifteen-degree increments. The sun chart shall
display the path of the sun during each hour of the day during the
collector use period for 42o N. latitude.
N. "Unprotected area." That area of a lot which could not be used
for the location of a solar collector. This area includes all re-
quired setback areas, parking lots, streets, alleys and other public
rights-of-way and easements, and the northern half of lots which are
less than twice the minimum lot size of the zone in which they are
located.
18.70.030 Solar setbacks. All structures shall meet the solar ac-
cess requirements of this chapter, according to the following condi-
tions:
A. If the structure is set back from the northerly private property
line according to the graph and formulas in Figure A, the structure
meets the requirements of this chapter. The setbacks and slopes of
the land shall be measured 30o east and 30o west of north.
!0"
-15% -10% - 5% 0 5% 10% 15% 20% 2
Positive Slope
Negative Slope CITY OF ASHLAND SOLAR SETBACK CALCULATOR
Chart A. Setback from the north property line(compensated)~
Revised December 1982
Land Use 18.70.030
Formulas used to create Figure A:
%~ere slope = s > -0.10
S = sin (90 - a)
sin (a + tan-1 s)
Cos (tan -1/s/)
H-6
P~ere slope = -.10 > x > -.20
S = sin (90 - a)
sin (a + tan -is)
cos (tan -l/s/)
log
H-6
Where slope = s < -.20
The equation shall be the same as in (b) above, except that s =
Where
S = setback from property line
a = solar altitude, 22°
s = slope = northerly elevation 1 - southerly elevation 2
distance between E1 & E2
H = height of shadow-casting portion of building
B. If the setback required under paragraph (A) above cannot be met
by the proposed structure, then the following method shall be used to
determine the setback. The actual shadow length to be cast by the
proposed structure shall be determined by the following graph and
formulas contained in Figure B:
Height
25% 20% 15% - 10%
~ Negative Slope
, I I ' ' ' ' I I .]1
- ~% 0 5%10%15%20% ~5%
Positive Slope ~
C~-TY OF ASHLAND SOLAR SETBACK CALCULATOR
Chart B. Actual Shadow Lenzth, Solar Altitude ~ 22°
Revised December 1982
Land Use 18.70.040--18.70.070
increase the shading of the protected area.
18.70.050 Waiver by release of protected area property owner.
A. The requirements of this chapter shall be waived if the owner or
owners of all property which contains the protected area to be shaded
during the winter collector use period by a proposed structure re-
leases the builder of the proposed structure from the requirements of
this chapter. Such a release shall be on a form supplied by the City
and shall contain the following information:
1) All persons who hold an interest in the property in ques-
tion.
2) A statement that the waiver applies only to the specific
building or buildings to which the waiver is granted.
3) A statement that the solar access guaranteed by this chap-
ter is waived for that particular structure and the City is held
harmless for any damages resulting from the waiver.
4) A description and drawing of the shading which would occur.
5) The form shall be signed by all persons who hold an inte-
rest in the property to be shaded, and shall be recorded in the
Jackson County Recorder's Office on the deed of the property to be
shaded.
B. The Staff Advisor shall grant a waiver after all the necessary
information has been presented, all proper forms completed, and the
necessary papers have been recorded in the County records.
18.70.060 Variances.
A. Any variances to this chapter shall be processed as Type I
procedures.
B. in addition to the findings in Chapter 18.100 of this Title, a
variance may be granted on the sole finding that solar access during
the winter collector use period to the protected area of adjacent
parcels will not be further restricted or impeded by the construction
of the proposed structure.
18.70.070 Application for recordation of solar collector.
A. Recordation is applicable in the City of Ashland to protection
of shading by vegetation only. Shading by buildings is protected by
the setback provisions of this ordinance.
B. Any property owner or lessee, or agent of either, may apply for
a solar access recordation from the Staff Advisor. The application
shall be in such form as the Staff Advisor may prescribe, but shall,
at a minimum, include the following: 1) A fee of $50.00.
2) The applicant's name and address, the owner's name and
address, and the tax lot number of the property where the proposed
Revised December 1982
Land Use 18.70.030--18.70.040
Formulas used for Figure B:
Wine re a tan-Ps
S = sin (90 - a) cos (tan
sin (a + tan -I s)
H
The Staff Advisor shall then determine whether the shadow cast is in
an "unorotected area" as defined in this ordinance. If the shadow to
be cast by the proposed structure is entirely within an unprotected
area, 'the Staff Advisor shall issue the permit.
C. If the above two criteria require a setback for a 16-ft. high
building which is greater than one-third of the distance across the
lot in a northerly direction, then the setback shall be determined by
the graph and formulas in Figure C. This section shall pertain to
properties within the C-l, E-1 and M-I zones unless shading occurs on
an adjacent residential property.
. 25% 20%
- 15% - 10% - 5% 0 5% 10% L5% 20% 25%
Negative Slope Positive Slope ~
CITY OF ASHLAND SOLAR SETBACK CALCULATOR
18.70.040 Staff Advisor waiver of solar setback requirements. The
Staff Advisor may waive the requirements of this chapter if he finds
that the protected area which would be shaded by allowing the waiver
already lacks solar access due to shading by topography or other
adjacent existing structure, and the proposed new structure would not
Revised December 1982
Land Use 18.70. 070
collector is to be located.
3) A statement by the applicant that the collector is already
installed or that it will be installed on the property within one
year following the granting of the recordation.
4) The proposed site and location of the collector, its orien-
tation with respect to true south, and its slope from the horizontal,
shown clearly in drawing form.
5) An explanation of how the applicant has done everything
reasonable, taking cost into account, in designing and locating the
collector in a manner to minimize the impact that the solar access
recordation will have on the development of nearby properties, and
that the collector is located in a "protected" area as defined in
this chapter. Where feasible, taking cost and system characteristic
into account, solar collectors shall be located, in descending order
of priority, on the south roof, attached to the south wall of the
building, on the accessory structure, or within the required setbacks
on grade.
6) A sun chart showing the plotted skyline (hills, existing
buildings, deciduous and evergreen trees) from the center of the
lower edge of the proposed location of the collector surface. Such
sun chart shall show the location and mature heights of all trees
over 10 ft. in height on the encumbered properties.
7) The tax lot numbers of 10 or fewer adjacent properties
proposed to be subject to the solar access recordation. A parcel map
of the o%~ner's property and such adjacent properties with the loca-
tions of existing buildings and trees noted thereon as shown on the
sun chart.
8) An estimate of the monthly and annual quantity and percen-
tage of energy that the collector is expected to provide for its
particular use given best available weather data and existing access
during the collector use period. An explanation of how these figures
were computed shall be included.
9) Document that the solar collector will provide at least 10%
of the total energy needs of the house or 50% of the hot water needs
on an annual basis. An Oregon Department of Energy tax credit certi-
ficate or other certificate from the local utility will be accepted
as evidence of this energy use.
10) A separately signed and dated statement that the applicant
agrees to submit to binding arbitration the value of the recordation
and the damages to be paid if the City diminishes the rights protec-
ted by the recordation following procedures in Section 18.70.110 of
this ordinance.
C. If the application is complete and on its face complies with
this ordinance, then the Staff Advisor shall accept the solar access
recordation application and notify the applicant. The applicant is
responsible for the accuracy of all information provided in the
application.
D. The Staff Advisor shall send notice by certified letter, return
Revised December 1982
Land Use 18.70. 070--18.70.080
receipt requested, to each owner and registered lessee of property
proposed to be subject to the solar access recordation. The letter
shall contain, at a minimu, the following information: the name and
address of the applicant; that an application for a solar access
recordation has been filed; copies of the collector location drawing,
sun chart and parcel map submitted by the applicant; that the recor-
dation, if granted, imposes on them duties to trim vegetation at
their expense; the advisability of obtaining photographic proof of
the existence of trees and large shrubs; the times and places where
the application may be viewed; telephone number and address of the
City departments that will provide further information; and that any
adversely affected person may object to the issuance of the recorda-
tion by a stated time and date, and how and where the objection must
be made.
E. If no objections are filed within 30 days following the date the
final certified letter is mailed, the Staff Advisor shall issue the
solar access recordation.
F. If any adversely affected person or governmental unit files a
written objection with the Staff Advisor within the specified time,
and if the objections still exist after informal. discussions among
the objector, appropriate City Staff, and the applicant, then a
hearing date shall be set and a hearing held in accordance with the
provisions of Section 18.70.080.
18.70.080 Hearinq Drocedure.
A. The Staff Advisor shall send notice of the hearing on the recor-
dation application to the applicant and to all persons who objected
to issuance of the recordation, and shall follow the procedures for a
Type I hearing.
B. The Staff Advisor shall consider the matters required for appli-
cations set. forth in Section 18.70.070{A) on which the applicant
shall bear the burden of proof and the following factor on which the
objector shall bear the burden of proof: a showing by the objector
that the proposed collector would unreasonably restrict the planting
of vegetation of presently under-developed property. If the objector
is unable to prove these circumstances and the applicant makes the
showings required by Section 18.70.070{A), the Staff Advisor shall
approve the recordation. If the applicant has failed to show all
structures or vegetation shading the proposed collector location in
his application, the Staff Advisor may approve the recordation while
adding the omitted shading structures or vegetation as exemptions
from this ordinance. If the objector shows that an unconditional
approval of the application would unreasonably restrict development
of the objector's presently under-developed property, the Staff Advi-
sor may approve the recordation, adding such exemptions as are neces-
sary to allow for reasonable development of the objector's property.
Revised December 1982
Land Use 18.70.085--18.70. 100
18.70.085 Limits on recordation.
A. No recordation may be filed which encumbers any lot which has an
average slope of 15% in the northerly direction.
B. A recordation becomes void if the use of the solar collector is
discontinued for more than 12 consecutive months, or if the solar
collector is not installed and operative within 12 months of the
filing date of the recordation.
C. Any vegetation which is currently breaching the collector skys-
cape is exempted from the trimming requirements of this ordinance.
18.70.090 Entry of recordation into register.
A. ~hen a solar access recordation is granted, the Staff Advisor
shall:
1) File the recordation with the County Clerk, including the
owner's name and address and the tax lot of the property where the
recorded collector is to be located, together with any special excep-
tions or exemptions from the usual effects of a recordation and the
tax lots of the ten or fewer adjacent properties subject to the
recordation.
2) Send a certified letter, return receipt requested, to the
applicant and to each owner and registered lessee of property subject
to the .solar access recordation that such recordation has been gran-
ted.
3) Enter this information in a register and plot the recorded
collector location on a map kept for this purpose. The application,
copies of all notices and certified mail return receipts shall be
kept on file.
B. If a recordation becomes void under Section t8.70.085(B), or is
repurchased under Section 18.70.110, the Staff Advisor shall notify
the County Clerk, the recorded owner, and the owner and lessee of
property formerly subject to the recordation.
18.70.100 Effect and enforcement
A. No City department shall issue any development permit purporting
to allow the erection of any structure in violation of the setback
provisions of this chapter.
B. No one shall plant any vegetation that shades a recorded collec-
tor (or a recorded collector location if it is not yet installed)
after receiving notice of a pending solar access recordation appli-
cation or after issuance of a recordation. After receiving notice of
a solar access recordation or application, no one shall permit any
vegetation on his or her property to grow in such a manner as to
shade a recorded collector (or a recorded collector location if it is
not yet installed), unless the vegetation is specifically exempted in
Revised December 1982
Land Use 18.70. 100--18.70.110
the recordation or by this ordinance.
C. If vegetation is not trimmed as required or is permitted to grow
contrary to Section 18.70.100(B), the recorded owner or the City, on
complaint by the recorded owner, shall give notice of the shading by
certified mail, return receipt requested, to the owner or registered
lessee of the property where the shading vegetation is located. If
the property owner or lessee fails to remove the shading vegetation
within 30 days after receiving this notice, an injunction may be
issued, upon complaint of the recorded owner or the City, to District
Court. The injunction may order the property owner or lessee to trim
the vegetation, and the court shall order the violating property
owner or lessee to pay any damages to the complainant, to pay court
costs, and to pay the complainant reasonable attorney's fees.
D. If personal jurisdiction cannot be obtained over either the
offending property owner or registered lessee, the City may have a
notice listing the property by owner, address and legal description
published once a week for four consecutive weeks in a newspaper of
general circulation within the City, giving notice that vegetation
located on the property is in violation of this ordinance and is
subject to mandatory trimming. The City shall then have the power,
pursuant to court order, to enter the property, trim or cause to have
trimmed the shading parts of the vegetation, and add the costs of the
trimming, court costs, and other related costs as a lien against that
property.
E. In addition to the above remedies, the shading vegetation is
declared to be a public nuisance and may be abated through Title 9 of
the Ashland Municipal Code.
F. Where the property owner or registered lessee contends that
particular vegetation is exempt from trimming requirements, the bur-
den of proof shall be on the property owner or lessee to show that an
exemption applies to the particular vegetation.
18.70.110 Repurchase of recordation.
A. Any recordation issued pursuant to this ordinance is subject to
the repurchase requirements of this section.
B. Solar access recordations shall contain a condition clearly
stating that at any time the City may repurchase all or part of the
rights granted by the recordation. At the time of the recordation
application, the applicant shall agree in writing to follow a proce-
dure for valuing the recordation at the time of any buy-back as
follows:
!) Arbitration. In Section 18.70.070(A)(10) of this ordin-
ance, tke recorded owner agrees, as a condition of obtaining a recor-
dation, to submit to binding arbitration the value of the recordation
and the damages to be paid if the City diminishes in whole or in part
Revised December 1982
Land Use 18.70.110
the rights protected by the recordation. The arbitration shall be
held pursuant to the rules of the American Arbitration Association.
The presumptive measure of damages shall be the greater of the pre-
sent net worth of the collector and associated equipment or the
discounted present worth of the difference in energy costs with and
without the collector for the remaining life of the collector and
associated equipment, plus the cost of removing the collector (and
repairing or putting on a new roof, siding, etc. if needed), plus the
cost of providing mechanical equipment properly sized to perform the
task formerly assumed by the collector and associated equipment, plus
the costs to the recorded owner of the repurchase proceedings. The
burden of showing the amount of these presumptive damages shall be on
the recorded owner. The City shall be given the opportunity of
skowing by clear and convincing evidence that the actual damages are
less than would be calculated by this formula and the extent of the
actual damages.
2) Eminent domain. If, for any reason, binding arbitration is
not legally possible, the City must use its normal eminent domain
procedures.
C. In either subsection (B)(1) or (2) situation, if a private
individual stands to benefit from the repurchase of a solar access
recordation, the City may require that individual to reimburse the
City for the cost of the repurchase as a prior condition to granting
a development permit that would authorize what would have been unlaw-
ful shading.
Revised December 1982
Land Use 18.72.010--18.72.030
Chapter 18.72
SITE DESIGN AND USE STANDARDS
Sections:
18.72.010 Purpose and intent.
18.72.020 Application.
18~72.030 Approval process.
18.72.040 Plans required.
18.72.050 Criteria for approval.
18.72.060 ' Guidelines.
18.72.070
18.72.080
18.72.090
18.72.100
18.72.110
18.72.120
18.72.130
18.72.140
18.72.150
Power to amend plans.
Time limits.
Landscaping standards.
Site use standards.
Light and glare performance standards.
Review by Conservation Coordinator.
Commercial and industrial subdivisions.
Sign conformance required.
Landscaping maintenance.
18.72.010 Purpose and intent. The purpose and intent of this sec-
'tion is to regulate the manner in which land in the City is used and
developed, to minimize adverse effects on surrounding proeprty owners
or the general public7 to further energy conservation efforts within
the City, and ensure that high quality development is maintained
throughout the City.
18.72.020 Application. Site design and use standards shall apply to
all zones of the City and shall apply to all development indicated in
the following section, except for those developments which are regu-
lated by the City Subdivision Ordinance (18.80), the City's
Partitioning Ordinance (18.76), and the City's Performance
Standards Code {18.88).
18.72.030 Approval process.
A. Staff Advisor permit. The following types of developments may
be approved by the Staff Advisor by permit. No hearing shall be
required for the following types of development:
i) Any change of occupancy from a less intensive to a more
intensive occupancy, as defined in the City's building code, or
any change in use which requires a greater number of parking
spaces.
2) Any addition less than 2500 sq. ft. or 10% of the buil-
ding's square footage, whichever is less, to a commercial or
Amended December 1982
Land Use 18.72.030--18.72.040
industrial building.
3) Any use which results in three or less dwelling units per
tax lot, other than single-family homes on individual lots.
B. The Planning Staff Advisor shall issue a permit for the develop-
ment when he finds that all applicable City regulations and any
applicable guidelines adopted by the Planning Commission in the Site
Design and Use Guidelines have been adhered to. The Planning Staff
Advisor may require changes in the plans to conform with the City's
Land Use Code and the Site Design and Use Guidelines adopted pursuant
to this chapter.
C. Fee. The fee for a Staff Advisor permit is $25.00.
D. Any Staff Advisor permit may be processed as a Type I permit at
the discretion of the Staff Advisor.
E. Type I procedure. The following shall be subject to approval
under the Type I procedure:
1) Any change in use of a parcel of land from one general use
category to another general use category, e.g., from residen-
tial to commercial, as defined by the zoning regulations of
this code.
2) Any expansion of an existing conforming use greater than
2500 sq. ft. or 10% of the building's square footage, whichever
is less.
3) Any exterior change to property listed on the National
Register of Historic Places.
4) Any new construction or new development, except for sin-
gle-family residences and any others included in Sections
18.72.020 and 18.72.030(A).
5) Any residential use which results in four units or more on a
single tax lot.
F. The Staff Advisor or the Planning Commission may require amend-
ments to the plan to meet the standards set forth in City ordinances
and in the Site Design and Use Guidelines.
18.72.040 Plans required. The following plans shall be required for
submission of all developments requiring a Site Review permit or a
Type I hearing:
A site plan containing the following:
1)
2)
4)
5)
6)
Project name.
Vicinity map.
Scale (the scale shall be at least one inch equals 50
ft. or larger).
North arrow.
Date.
Street names and locations of all existing and proposed
streets within or on the boundary of the proposed
Amended December 1982
Land Use 18.72.040
7
8
9
10
11
12
13)
14)
15)
16)
17)
19)
22)
23)
development.
Lot layout with dimensions for all lot lines.
Zoning designations of the proposed development.
Zoning designations adjacent to the proposed development.
Location and use of all proposed and existing buildings,
fences and structures within the proposed development.
Indicate which buildings are to remain and which are to be
removed.
Location and size of all public utilities in and adjacent
to the proposed development with the locations shown of:
a) Water lines and meter sizes.
b) Sewers, manholes and cleanouts.
c) Storm drainages and catch basins.
The proposed location of:
a) Connection to the City's water system.
b) Connection to the City's sewer system.
c) Connection to the City's electric utility system.
d) The proposed method of drainage of the site.
Location of drainage ways or public utility easements in
and adjacent to the proposed development.
Location, size and use of all contemplated and existing
public areas within the proposed development.
All fire hydrants proposed to be located near the site and
all fire hydrants proposed to be located within the site.
A topographic map of the site at a contour interval not to
exceed 5 ft.
Location of all parking areas and all parking spaces,
ingress and egress on the sited and on-site circulation.
Use designations for all areas not covered by building.
Lecations of all existing natural features including, but
not limited to, any existing trees of a caliper greater
than three inches, except in forested areas, and any natu-
ral drainageways or creeks existing on the site, and any
outcroppings of rocks, boulders, etc. Indicate any contem-
plated modifications to a natural feature.
A landscape plan showing in detail the location, type, and
variety, size and any other pertinent features of the
proposed landscaping and plantings. At time of installa-
tion, such plans shall include a layout of irrigation
facilities and ensure the plantings will continue to grow.
The elevations and locations of all proposed signs for the
development.
Exterior elevations of all buildings to be proposed on the
site. Such plans shall indicate the material, color, tex-
ture, shape and other design features of the building,
including all mechanical devices. Elevations shall be
submitted drawn to a scale of one inch equals 10 ft. or
greater.
A written summary showing the following:
a) For commercial and industrial developments:
I) The square footage contained in the area pro-
Amended December 1982
Land Use 18.72.040--18.72.060
c)
posed to be developed.
2) The percentage of the lot covered by structures.
3) The percentage of the lot covered by other imper-
vious surfaces.
The total number of parking spaces.
5) The total square footage of all landscaped areas.
For residential developments:
The total square footage in the development.
2) The number of dwelling units in the development
(include the units by the number of bedrooms in
each unit, e.g., 10 one-bedroom, 25 two-bedroom,
etc.).
3) Percentage of lot coverage by:
a) Structures.
b) Streets and roads.
c) Recreation areas.
d) Landscaping.
e) Parking areas.
For all developments, the following shall also be
required:
1) The method and type of energy proposed to be used
for heating, cooling and lighting of the build-
ing, and the approximate annual amount or energy
used per each source and the methods used to make
the approximation.
2) An explanation of the energy use and strategy in
each structure, including a description of the
use of renewable resources or passive building
techniques, and how the energy needed to heat,
cool and light the structure has been minimized.
3) If an engineer or architect is not required by
the City's building code to design the project,
the City's Energy Conservation Coordinator shall
assist the applicant in computation of heat loss
and heat gain to the building.
4)
18.72.050 Criteria for approval. The following criteria shall be
used to approve or deny a site plan:
Ao
All applicable City ordinances have been met and will be met by
the proposed development.
B. All requirements of the Site Review chapter have been met.
C o
The site design complies with the guidelines adopted by the City
Council for implementation of this chapter.
18.72.060 Site design guidelines.
A. The Council may adopt guidelines by resolution for site design
and use. These guidelines may contain:
Amended December 1982
Land Use 18.72.060--18.72.070
I)
2)
3)
4)
Administrative rules for developments affected by this
chapter.
Recommendations regarding project and unit design and Ia-
your, landscaping, energy use and conservation, and other
considerations regarding the site design and use.
interpretations of the intent and purpose of this chapter
applied to specific examples.
Other information or educational materials the Council
deems advisable.
B. Before the Council may adopt or amend the guidelines, a public
hearing must be held by the Planning Commission and a recommendation
and summary of the hearing forwarded to the Council for their consi-
deration.
18.72.070 Power to amend plans. ~en approving an application for a
site design and use, the Planning Commission or its Staff Advisor may
include any or all of the following conditions if they find it neces-
sary to meet the intent and purpose and the criteria for approval of
this ordinance:
Require the value of the landscaping to be above 2%, but not
greater than 5% of the total project costs as determined from
the building permit valuation.
Bo
Require such modifications in the landscaping plan as will
ensure proper screening and aesthetic appearance.
Require plantings and ground cover to be predominant, not acces-
sory, to other inorganic or dead organic ground cover.
Require the retention of existing trees, rocks, water ponds or
courses and other natural features.
Require the retention and restoration of existing historically
significant structures on the project site.
Require the City Engineer's approval of a grading plan and/or
drainage plan for a collection and transmission of drainage.
Require the modification or revision of the design or remodeling
of structures, signs, accessory buildings, etc. to be consistent
with the guidelines.
H. Require the modification of the placement of any new structures,
new accessory uses, parking and landscaping on the project site,
especially to buffer adjacent uses from the possible detrimental
effects of the proposed development.
I. Restrict heights of new buildings or additions over 35 ft. and
increase setbacks up to an additional 20 ft.
Amended December 1982
Land Use 18.72.070--18.72.090
J. Require on-site fire hydrants with protective barricades.
K. Require the type and placement or shielding of lights for out-
door circulation and parking.
L. Require new developments to provide limited controlled access
onto a major street by means of traffic signals, traffic controls and
turning islands, landscaping, or any other means necessary to ensure
the viability, safety, and integrity of the major street as a through
corridor.
M. Require pedestrian access, separate pedestrian accessways, side-
walks and protection from rain in new developments.
N. Require developments to provide improved access to City streets
and, where possible, provide access to the lower order street rather
than a major collector or arterial street.
18.72.080 Time limits. A decision must be rendered by the Planning
Commission within 60 days of filing all required information unless
such time is extended by mutual consent of the applicant and the
Planning Commission and/or the applicant and the Staff Advisor. In
the case of a staff permit, a decision shall be rendered within 15
days of filing.
18.72.090 Landscaping standards.
A. Area required. The following areas shall be required to be
landscaped in the following zones:
R-1 - 45%
R-2 - 35%
R-3 - 25%
C-1 - 15%
C-i-D - 10%
E-1 - 15%
M-1 - 10%
B. Location. Landscaping shall be located so that it is visible
from public rights-of-way or provide buffering from adjacent uses.
Landscaping shall be distributed in those areas where it provides for
visual and acoustical buffering, open space uses, shading and wind
buffering, and aesthetic qualities.
c. Irrigation. All landscaping plans shall either be irrigated or
shall be certified that they can be maintained and survive without
artificial irrigation. If the plantings fail to survive, it is the
responsibility of the property ow~.er to replace them.
D. Parking lots. Seven percent of all of the parking lot area
shall be landscaped. Such landscaping shall consist of the proper
Amended December 1982
Land Use 18.72.090--18.72.100
mixture of deciduous trees and shrubs so that all of the landscaped
areas shall be covered within five years by a spreading evergreen
ground cover or by shrubs and shaded by the trees.
E. One street tree per 30 ft. of frontage shall be required on all
projects.
18.72.100 Site use standards.
A. Location. Parking should be located so that it is shielded as
much as possible from the street by buildings, landscaping, and other
buffering mechanisms. Buildings should be oriented so as to achieve
the adequate amount of natural sunlight for lighting and heating
needs and shading to reduce cooling needs within the building.
B. All developments shall provide for pedestrian circulation within
and across the site, either on public rights-of-way or within the
project·
C. Open spaces required. The following open spaces shall be
reuired for recreation: In R-2 and R-3 zones, an area equal to at
least 25% of the floor space of the units shall be dedicated in open
space for use by the tenants of the building.
Access, parking and circulation standards.
1) Controlled access. Prior to any partitioning of property
located in an R-2, R-3, C-i, E-1 or M-1 zone, controlled
access standards shall be applied and, if necessary, cross
easements shall be required so that access to all proper-
ties created by the partitioning can be made from one or
more points.
2) Access points shall be limited to the following:
a) Distance between driveways. On arterial streets - 100
ft.; on collector streets - 75 ft.; on residential
streets - 50 ft.
b) Distance from intersections. On arterial streets -
100 ft.; on collector streets - 50 ft.; on residential
streets - 35 ft.
3) Vision clearance standards. No obstructions greater than
2-1/2 ft. high, nor any landscaping which will grow greater
than 2-1/2 ft. high, with the exception of trees whose
canopy heights are at all times greater than 8 ft., may be
placed in a vision clearance area determined as follows:
The vision clearance area at the interseciton of two
streets is the triangle formed by a line connecting points
25 ft. from the intersection of property lines. In the
case of an intersection involving an alley and a street,
the triangle is formed by a line connecting points 10 ft.
along the alley and 25 ft. along the street. When the
angle of intersection between the street and the alley is
less than 30o, the distance shall be 25 ft. No structure
Amended December 1982
Land Use 18.72.100-18.72.150,
4)
or portion thereof shall be erected within 10 ft. of drive-
ways.
Pedestrian access. All buildings shall provide pedestrian
access from the street to the building frontage in at least
one location. Such pedestrian access shall minimize con-
flicts with automobiles by such means as sidewalks.
18.72.110 Light and qlare performance standards. There shall be no
direct illumination of any residential zone from any other residen-
tial use, C-i, E-I, or M-1 use. There shall be no lighting element
visible from the boundaries of this zone.
18.72.120 Review by Conservation Coordinator.
A. Upon receiving an application for a Site Review, the Staff
Advisor shall refer the application to the Conservation Coordinator
for comment.
B. Prior to final approval of a site plan, the Conservation Coordi-
nator shall file an oral or written report to be entered into the
record of the proceedings consisting of:
1) An assessment of the energy use estimates by the applicant.
2) An assessment of the applicant's energy use strategies.
3) Recommendations to the applicant of cost-effective methods
to further reduce energy consumption, if any exist.
18.72.130. Commercial and industrial subdivisions.
A. Any subdivision of land in an R-2, R-3, C, E or M district is
subject to the provisions of this chapter, except Sections
18.72.040(A)(22), (23) and 18.72.090.
B. Development of commercial or industrial parcels created by a
subdivision is also subject to all the provisions of this chapter.
18.72.140 Sign conformance required. All signs on a parcel must be
brought into conformance with the Sign Code, Chapter 18.96, as a
condition of approval of the site review.
18.72.150 Landscaping maintenance.
A. All landscaped areas must be maintained in a weed-free condi-
tion.
B. All landscaped areas required by this chapter must be maintained
according to the approved landscaping plans.
Amended December 1982
Land Use 18.76.010--18.76.030
Chapter 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
18.76.090
18.76.100
18.76.110
18.76.120
18.76.130
18~76.140
18.76.150
18.76.160
18.76.170
18.76.180
Proposals to be submitted.
Preliminary step.
Preliminary map requirements.
Administrative 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 Plan-
ning Department a preliminary map of the proposed partition.
18.76.030 Preliminary map requirements. The preliminary map shall
have a minimum size of 8-1/2 inches by i1 inches and contain the
following information:
A. A map describing the boundaries of all contiguous land in the
same ownership.
B. The date, north arrow, and scale of the drawing and a sufficient
written description to define the location and boundaries of the
particular area.
C. The names, addresses, and phone numbers of the owner, partitio-
net, and (if appropriate) the surveyor.
D. The location, name and right-of-way width of all streets, alleys
and private ways.
E. The location and width of all public and private easements for
drainage and public utilities.
F. The dimensions (to the nearest foot) of the total area.
Amended December 1982
Land Use 18.76.030--18.76o06'0
G. The number, dimensions (to the nearest foot) and square footage
of the proposed lots.
H. The location of all existing and proposed structures on the
property, including structures on adajcent properties that are within
25 ft. of the subject lot lines.
I. The approximate location of areas subject to inundation or storm
water overflow, all areas covered by water, and the location, width
and direction of flow of all water courses.
J. The names of the recorded owners of all land adjacent to the
partition.
K. An indication of the direction and approximate degree of slopes.
18.76.040 Administrative preliminary approval. Preliminary approval
for all minor land partitions which require no Type II variances
shall be processed under the Type I procedure.
18.76.050 Preliminary approval by the Planning 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 the 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.
C. The tract of land has not been partitioned for 12 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 contained in the chapter on subdivisions.
F. When there exists a 20-ft. wide access improved to the minimum
standards established in Section 18.76.170.
18.76.060 Preliminary approval of flag partitions. Partitions
involving the creation of flag lots shall be approved by the Planning
Commission if the following conditions are satisfied:
A. Conditions of the previous section have been met.
Bi The partition does not cause undue harm to adjacent property
owners.
C. The flag drive for one flag lot shall have a minimum width of 15
Amended December 1982
Land Use 18.76.060--18.76.070
ft., and a 12-ft. paved surface. For drives serving two lots, the
flag drive shall be 20 ft., with 15 ft. of pavement to the back of
the first lot, and 12 ft., respectively, for the rear lot. Drives
shared by adjacent properties shall have a width of 20 ft., with a
15-ft. paved surface. Flag drives shall be constructed so as to
prevent surface drainage 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 I0 ft. 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 necessity for backing out.
E. Curb cuts have been minimized, where possible, through the use
of common driveways.
F. Both sides of the flag drive have been screened with a site-
obscuring fence, wall or evergreen hedge to a height of from 4 to 6
ft., except in the front yard setback area where, starting 5 ft. from
the property line, the height shall be from 30 to 42 inches in the
remaining setback area. Such fence or landscaping shall be placed at
the extreme outside of the flag drive in order to ensure adequate
fire access.
G. The applicant has executed and filed with the Planning Director
an agreement between himself and the City for paving and screening of
the flag drive. Such an agreement shall specify the period within
which the applicant or his agent or contractor 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
should fail to complete such work within such period the City may
complete the same and recover the full cost and expense thereof from
the applicant. An agreement shall also 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 subdivision titles are satisfied. Such a site plan shall contain
the map requirements listed in Section 18.76.050 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 screening.
I. No more than two lots are served by the flag drive.
3. For the purpose of meeting the minimum lot area requirement, the
lot area, exclusive of the flag drive area, must meet the minimum
square footage requirements of the zoning district.
18.76.070 Notification. On any partition where the number of lots
is increased, property owners that are within 200 ft. of the exterior
boundaries of the proposed partition shall be notified by mail at
Amended December 1982
Land Use 18.76.070--18.76.110
least !0 days before preliminary approval is granted.
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 Planning 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 full compliance with
all subdivision regulations.
18.76.090 Conditions may be set. The Planning Commission or the
Staff Advisor may require dedication of land or easements, signing in
favor of street improvements, and conditions or modifications rela-
ting to improvements such as sidewalks, utilities, landscaping, or
other items necessary to conform to State laws and the standards of
the subdivision chapter and the development plan for the area. In no
event shall the Planning Commission or the Staff Advisor require
greater dedications or conditions than could be required if the area
was subdivided. Underground utilities shall be required in connec-
tion with all land partition applications as set forth in subsections
18.80.060(C) through 18.80.060(F) of this Title.
18.76.100 Final step. Within 12 months of the date of preliminary
map approval, the tract of land shall be surveyed, pins set at all
corners, and a final map submitted to the Planning Department incor-
porating any conditions or modifications of the map's preliminary
approval. If the applicant has not completed the foregoing within
the 12-month period, he must resubmit the partition for preliminary
approval consideration.
18.76.110 Final map requirements. 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 kaving a minimum thickness of .003", 18" x 24". If ink is used
on polyester-base film, the ink surface shall be coated with a suit-
able substance to ensure 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 filed with
the City Engineer. The map shall incorporate the following items
before approval will be given:
A. Title block, top and center specifying "minor or major parti-
tion," the partition number, City of Ashland, and the applicant's
~me.
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 determined by solar observation, Polaris obser-
vation, or true bearing determined from the National Oceanic and
Atmospheric Administration Survey Net (formerly Coast and Geodetic
Amended December 1982
Land Use 18.76. 110
Survey).
F. The name and right-of-way width of adjacent streets, alleys and
private ways.
G. irrigation and drainage easements. Those portions of land
within the boundaries of the partitioning subject to periodic inunda-
tion which affect the intended use of the land together with 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 stakes, monuments, or other evidence found and used to
establish boundaries of the partition. Any lines or boundaries shown
by approximation clearly identified as such.
I. Established center lines by the City of adjoining streets.
J. The length of all arcs, radii and central angles. Adjust all
distances to the nearest 100th of a foot, except on curves, which may
be shown closer. Adjust all bearings to the nearest 10 seconds. The
error of field closure shall not exceed one foot in 5,000.
K. Area of each parcel expressed in either square feet or acres.
Honumentation:
1) All monuments shall be a minimum diameter of 5/8" for iron
pins and a minimum inside diameter of 1/2" for iron pipes.
For 'concrete monuments, refer to O.R.S. 92.060 as amended
by Senate Bill No. 487.
2) Witness corners may be set when it is impractical or impos-
sible to set a monument in its true position, providing
course and distance are given to the true position.
3) All monuments shall be clearly identified with the surve-
yor's or engineer's name or registration number.
M. Certification of approval before filing with County Clerk and
County Surveyor:
1) Signature of approval on the face of the map by the Execu-
tive Secretary of the Planning Commission or his represen-
tative.
2) Dedication of easements for utilities and/or widening of
street shall be made on the face of the map. Statement. of
dedication by owner-developer with signature attested to by
notarization.
3) Surveyor's certificate is to be shown with his seal and
signature on the face of the map.
4) Signature of approval by the City Engineer is required when
dedication of streets or easements is made on the map.
Discovery of error and omissions:
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
Amended December 1982
Land Use 18.76. 110--18.76. 170
2)
3)
4)
recording.
He shall file an affidavit stating the nature of the error
with the County Recorder.
The map then shall be corrected and initialed by the surve-
yor under the direction of the County Surveyor.
The affidavit document number and date shall be placed on
the face of the map that is recorded.
18.76.120 Acceptance of the final map. Final maps offered for ap-
proval shall not be accepted if the individual or agent of a corpora-
tion 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.
18.76.130 Final approval by the Secretary. When the Staff Advisor
determines that the final map conforms to the final map requirements
and specifications and the conditions (if any) of preliminary appro-
val, 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
relocation of a common boundary, where the number of parcels is not
changed and all zoning requirements are met, shall be accepted by the
City, provided the requirements of Sections 18.76.090 through
18.76.130 are satisfied, in addition to Section 18.76.170, where the
lot adjustment causes access to be changed to an exterior unimproved
street.
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 SellinQ and neqotiatinq for land. 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 parcel prior to the approval of a final
partition map.
18.76.170 Exterior unimproved streets and access ways. The follow-
ing improvements are required for property being minor land parti-
tioned adjacent to an unimproved street. Major land partitions shall
comply with the requirements of the subdivision chapter relating to
streets. These requirements shall apply to streets which are dedi-
cated 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 final 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 to meet
Amended December 1982
Land Use 18.76.170
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 property in the partition.
C. Drainage ditches be provided at the probable curb and gutter
location.
D. Pedestrian ways (unimproved sidewalks) be provided 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., granite, 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 requirements for a flag drive.
18.76.180 Private ways.
18.80.030(B)(1).
Private ways may be created as provided in
18.76.190 Dedication of property for public use. The requirement of
fulfilling minor partitioning procedures may be waived in instances
of partitioning for dedications of property for public use as street
rights-of-way.
Amended December 1982
Land Use 18.82.010--18.82.040
Chapter 18.82
STREET AND GREENWAY DEDICATIONS
Sections:
18.82.010
18.82.020
18.82.030
18.82.040
18.82.050
18.82.060
Purpose.
Street dedication required.
Building construction prohibited.
Street dedication waived.
Street dedication map.
Dedication required prior to final approval.
18.82.010 Purpose. To provide timely and orderly improvement and
enlargement of the City street and greenway system through the dedi-
cation of land by property owners upon development of their land.
18.82.020 Street dedication required. Land will be dedicated by a
property owner for the construction of a street or greenway when:
A. A development requiring a planning action, partition, or subdi-
vision takes place on the owner's property, and
Bo The development will result in increases in the traffic gene-
rated (pedestrian, bicycle, auto) in the area, by some measure, and
C. The property contains a future road or greenway dedicated on the
official map adopted pursuant to Section 18.82.050.
D. It is assumed that all development requiring planning actions
will increase traffic generated in the area unless it can be proven
otherwise to the satisfaction of the Planning Commission.
E. The City may require additional rights-of-way on streets which
do not meet the standards of Chapter 18.80 (Subdivisions), or for
necessary realignments of intersections or street sections. These do
not have to be shown on the official map.
18.82.030 Building construction prohibited. The construction of
permanent structures is prohibited in the right-of-way and associated
setback areas of a future street or greenway.
18.82.040 Street dedication waived. The property owner is not re-
quired to dedicate land for the construction of a City street or
greenway when it has been proven, to the satisfaction of the Planning
Commission, that the planned use will not increase in any way the
automobile, pedestrian or bicycle traffic generated in the area. The
owner is still prohibited from building in the right-of-way or asso-
ciated setback areas of the future street or greenway.
Revised December 1982
Land Use 18.82.050-18.82.060
18.82.050 Street dedication map.
A. All future street and greenway dedications are to be shown on
the official street dedication map adopted by the City Council.
B. The Staff Advisor or the Planning Commission may modify the
location of a required street or greenway dedication to account for
practical difficulties in implementing this ordinance, as long as the
general intent of providing safe transportation from one point to
another is ensured.
18.82.060 Dedication required prior to final approval.
A. Dedication of the future right-of-way for a street or greenway
is required prior to final action on a partitioning, subdivision, or
development requiring a planning action.
B. If a plat is required for final action, the dedication shall be
indicated on the plat as dedicated to the City of Ashland.
C. If no plat is required, a deed with the dedication described by
a registered surveyor shall be granted to the City of Ashland. Said
deed shall be provided with adequate title insurance or other assur-
ances necessary to ensure that the title is free of all encumbrances,
back taxes or liens.
Revised December 1982
Land Use 18.84.010--18.84.030
Chapter 18.84
MANUFACTURED HOUSING DEVELOPMENTS
Sections:
18.84.010
18.84.020
18.84.030
18.84.040
18.84.050
18.84.060
18.84.070
18.84.080
18.84.090
18.84.100
Purpose.
General provisions.
Procedure for approval.
Setback requirements.
Design standards.
Manufactured housing standards.
Roadway, sidewalk and off-street parking standards.
Storage and temporary occupancy of mobile homes.
Nonconforming mobile home courts.
Special conditions.
18.84.010 Purpose. The purpose of this chapter is to encourage the
most appropriate use of land for manufactured housing development
purposes; to encourage design standards which will create pleasing
appearances; to provide sufficient open space for light, air and
recreation; to provide adequate access to and parking for manufac-
tured housing sites; to refer minimum utility service facilities to
appropriate City codes; to aid in securing safety from fire and other
dangers; and to conserve and stabilize the value of property; and in
general to promote the public health, safety and general welfare.
18.84.020 General provisions.
A. No person shall establish, operate, manage, maintain, alter or
enlarge any manufactured housing development contrary to the provi-
sions of this ordinance.
B. All manufactured homes occupied by persons for dwelling purposes
and intended as residences shall be located within manufactured
housing developments.
C. In addition to the requirements of this chapter, all manufac-
tured housing developments shall conform to the regulations of ORS
Chapter 446, together with such administrative rules as may be adop-
ted from time to time, except where such regulations are exceeded by
the requirements of this chapter, in which case the more stringent
requirements shall apply.
D. Manufactured housing developments shall be subject to regula-
tions of this chapter and shall be located only on sites approved for
use under the provisions of such chapter.
18.84.030 Procedure for approval.
ae
Outline plan.
1) The outline plan is mandatory for all development proposed
Revised December 1982
Land Use 18.84.030
2)
3)
4)
under this title.
A Type II procedure, as defined in this ordinance, shall be
used for the approval of the outline plan.
Contents. The contents for an outline plan shall be as
follows:
a) The approximate topography in contour lines at not
less than 5-ft. intervals.
b) The proposed land uses and approximate locations of
the existing buildings to be retained, the proposed
structures and manufactured houses on the site, the
proposed and existing property lines and easements on
the site, and existing buildings, structures and trees
greater than 6 inches in diameter of 10 ft. in height
on the properties adjacent to the site within 160 ft.
c) The approximate locations of all proposed thorough-
fares, walkways, and parking facilities.
d) Public uses, including schools, parks, playgrounds,
open spaces and trails.
e) Public or private utilities.
f) General areas of cuts and fill.
g) The location of natural features such as rock outcrop-
pings, marshes, wooded areas and isolated preservable
trees.
h) The location and direction of all water courses and
areas subject to flooding.
i) Elevation of typical proposed structures. The eleva-
tions should be to scale and should include the appro-
ximate dimensions of the proposed structures and all
attached exterior hardware for heating and cooling.
j) A preliminary written statement which will contain an
explanation of:
1) The character of the proposed development.
2) The method proposed to maintain common open
areas, buildings and private thoroughfares.
3) The proposed time schedule of the development.
The findings of the applicant showing that the
development meets the criteria set forth in this
ordinance.
The Planning Commission shall approve the outline plan when
it finds the following criteria have been satisfactorily
met:
That the development is consistent with City plans and
with the stated purpose of this Chapter of the Land
Use Development Ordinance.
b) That the existing and natural features of the land
have been considered in the plan of the development
and important features utilized for open space and
common areas.
c) That the development design minimizes any adverse
effects on the areas beyond the project site and that
the neighborhood be considered in the design of the
development.
d) That adequate public facilities can be provided, in-
cluding, but not limited to, water, sewer, paved ac-
Revised December 1982
Land Use 18.84.030
5)
cess to and through the development, electricity and
urban storm drainage.
e) That the development of the land and provision of
services will not cause shortages of a necessary pub-
lic facility in the surrounding area, nor will the
potential development of adjacent lands be impeded.
f) That there are adequate provisions for the maintenance
of open space and common areas, that if developments
are doen in phases that the early phases have the same
or higher ratio of amenities as proposed in the entire
development.
g) That the total energy needs of the development have
been considered and are as little as is economically
feasible, and the maximum use is made of renewable
energy sources, including solar, where practical.
h) That all other applicable City ordinances have been
complied with.
Approval of the outline plan.
The Planning Commission may extend the public hearing
to gather more information.
b) The Planning Commission may approve or disapprove the
preliminary application or require changes, or impose
conditions of approval which are necessary in its
judgment to ensure conformity with the outline plan
approval section and the purpose and intent of this
chapter.
c) After an outline plan, which has had a public hearing,
is approved, the developer may then file a final plan
in phases or in its entirety.
d) If an outline plan is phased, 50% of the value of the
recreational amenities shall be provided in the first
phase and all recreational amenities shall be pro-
vided when two-thirds of the units are located.
Final plan.
1) Procedure for approval·
2)
3)
4)
Type I procedure as defined in
this Title shall be used for approval of final plans.
The final plan may be filed in phases as approved on the
outline plan.
If the final plan or the first phase of the plan is not
approved within eighteen (18) months from the date of the
approval of the outline plan, then the approval of the plan
is terminated and void and of no effect whatsoever, Exten-
sions may be granted as a Type I procedure.
Contents. The final plan shall contain a scale map or maps
showing the following for the development:
a) The topography in sufficient detail to determine the
grades and character of the site as they relate to the
improvements in the adjacent area.
b) Location of all thoroughfares and walks, their widths
and nature of their improvements, and whether they are
to be public or private.
c) The location, layout and servicing of all off-street
parking areas.
Revised December 1982
Land Use 18.84.030
5)
d) The property boundary lines.
e) The individual lot lines of each parcel that is to be
created for separate ownership.
f) The location of easements for water lines, fire
hydrants, sewer and storm sewer lines, and the
location of the electric, gas, and telephone lines,
telephone cable and lighting plans.
g) Landscaping and tree planting plans with the location
of the existing trees and shrubs which are to be
retained.
h) Common open areas and spaces, and the particular uses
intended for them.
i) Areas proposed to be conveyed, dedicated, reserved or
used for parks, scenic ways, playgrounds, schools,
public buildings, and deeds and clear title to the
lands.
A plan showing the following for each existing or
proposed unit:
1) Its location on the lot and within the Planned
Unit Development.
2)Its intended use.
Elevation drawings of all typical proposed structures,
except for manufactured homes. The drawings shall be
accurate and to scale, including all attached exterior
hardware for heating and cooling.
1) Development time schedule.
m) If individual lots are to be sold in the manufactured
housing development, a final plat, similar to that
required in the subdivision section of the Land Use
Development Ordinance.
n) Final plans for location of water, sewer, drainage,
electric and cable TV facilities and plans for street
improvements and grading or earth-moving improvements.
Criteria for final plan approval. Final plan approval
shall be granted upon finding of substantial conformance
with the detailed plan. Nothing in this provision shall
limit reduction in the number of dwelling units or in-
creased open space provided that, if this is done for one
phase, the number of dwelling units shall not be transfer-
red to another phase, nor the open space reduced below that
permitted in the outline plan. This substantial confor-
mance provision is intended solely to facilitate the minor
modifications from one planning step to another. It is not
the intent nor shall these modifications be used to in-
crease the total area covered or decrease the total open
space as approved by the Planning Commission. Substantial
conformance shall exist when comparison of the detailed
outline plan with the final plan shows that:
a) The number of units are within 10% of those shown on
the approved outline plan, but in no case shall the
number of units exceed those permitted in the outline
plan.
b) The yard depths and distances between main buildings
are within 10% of those shown on the approved outline
Revised December 1982
Land Use 18-84.030--18.84.050
c
f
g
plan, but in no case shall these distances be reduced
below the minimum established within this Title.
The open spaces are within 10% or less of that
provided on the outline plan.
The building size does not exceed the building size
shown on the outline plan by more than 1 oi
The building elevations and exterior materials are in
conformance with the purpose and intent of this Title
and the approved outline plan.
That the additional standards which resulted in the
awarding of bonus points in the outline plan approval
have been included in the final plan with substantial
detail to ensure that the performance level committed
to in the outline plan will be achieved.
Any amendment to an approved final plan shall follow a
Type I procedure.
18.84.040 Setback requirements.
A. Exterior setbacks. Manufactured housing sites along the exter-
ior boundary of the court shall be so designed so that any part of a
manufactured housing unit shall be set back at least 20 ft. from any
street or exterior property line.
B. Interior front-yard setbacks.
least 15 ft.
There shall be a front yard of at
C. Interior side- and rear-yard setbacks.
rear yards of at least 6 ft.
There shall be side or
18.84.050 Design standards.
A. Minimum court size. A manufactured housing development shall
occupy a site of not less than two acres in size.
B. Density. The maximum density permitted shall be eight manufac-
tured housing units per acre of developed court area.
C. Manufactured housinq sites or lots. All manufactured housing
sites or lots must be at least 3000 sq. ft. in size.
D. Lot coveraqe. Maximum lot coverage of any individual manufac-
tured housing lot or site shall be 65% in the R-2 zone and 55% in the
R-1-3.5 zone. In addition, the general lot coverage requirements of
the parent zone shall also be complied with for the entire project
site.
Landscapinq.
1) All areas of the development not occupied by paved road-
ways, pathways, parking areas, or not occupied by other
facilities shall be landscaped.
2) Manufactured housing developments located in an R-1-3.5
zone shall have 45% of the entire site landscaped. Develop-
ments located in the R-2 zone shall have 357g of the entire
Revised December 1982
18.84.050--18.84.060
site landscaped.
F. Orientation. Roadways in manufactured housing developments
should be oriented north-south so the manufactured housing units have
their longer axes in an east-west direction to ensure that maximum
winter solar gain can enter more windows in the units.
G. Fencinq. Fencing shall comply with all fencing requirements as
per Section 18.68.010 of this Title.
H. Utilities. Provisions for electric, water, and sanitary service
shall be made in accordance with established City procedures and law,
including number, size, quality and location of fixtures, connections
and facilities. Telephone and electric lines shall be placed under-
ground.
18.84.060 Manufactured housing standards. All manufactured housing
units located in approved manufactured housing developments shall
comply with the following requirements:
Manufactured housing units shall be a minimum of 800 sq. ft. in
size.
B. ~[anufactured housing units shall be at least 22 ft. wide.
C. Manufactured housing units shall have the Oregon Department of
Commerce "Insignia of Compliance." The manufactured housing unit
shall be inspected by the City's Building Official and occupancy
shall be approved only if the Building Official has determined that
the manufactured housing unit has a valid insignia of compliance and
has not deteriorated beyond an acceptable level of compliance.
D. Manufactured housing units shall be placed on permanent founda-
tions, with wheels and hitches removed, be fully skirted or bermed,
and shall have no uncovered open spaces except for vents and crawl
spaces around the foundation. The foundation shall be of sufficient
strength to support the loads imposed by the manufactured housing
unit, based on accepted engineering design standards, as approved by
the Building Official.
E. Manufactured housing units shall be provided with City water,
sewer, electricity, telephone, and storm drainage, with easements
dedicated where necessary.
F. Manufactured housing units shall use architectural features
commonly available for manufactured housing units to make them re-
semble conventional, stick-built housing. Some examples of such fea-
tures are sloped roofs, composition or wood shingles or shakes, and
conventional siding materials. These requirements shall be included
as a restrictive covenant of all developments.
G. Manufactured housing units shall each have a deck or patio area
adjacent to the home. The deck or patio shall be constructed of a
permanent material and shall be at least 120 sq. ft. in size with a
Revised December 1982
Land Use 18.84.060--18.84.070
minimum width of 8 ft. in its least dimension.
}[. Each manufactured housing unit shall have a one-car garage or
covered carport separated from the manufactured housing unit by at
least 3 ft. Approved manufactured housing unit accessories such as
metal awning-type carports may be attached directly to the manufac-
tured housing unit, however.
18.84.070 Roadway, parking and sidewalk standards.
A. Street standards. The following street standards shall apply to
developments under this chapter. Street standards shall be estab-
lished by the anticipated average daily travel on the streets. A
manufactured housing unit shall be considered to generate 10 vehicle
trips per day.
Street types.
a) Collector. Average daily travel of over 800 vehicle
trips per day. Standards are the same as for the
subdivision regulations required in this Title.
Sub-collector. Average daily traffic from 200-800
vehicle trips per day. The same standards as the
subdivision code shall be used. However, parking
spaces may be eliminated as the street reduced to 24
ft. if parking spaces are provided in parking bays or
off-street public parking lots. ~o sub-collectors may
be dead-end streets unless loop streets are impracti-
cal due to topography or other reasons. Sub-collec-
tors must be dedicated as public rights-of-way.
c) Lane. Average daily traffic 100-200 vehicle trips per
day. Lanes shall be at least 20 ft. wide, two-way,
and have curbs and gutters. Lanes should be looped to
a higher order street whenever possible. Dead-ends
may be provided on a lane as long as a turn-around is
provided.
Place. Average daily traffic 1-100 vehicle trips per
day. A place may be a dead-end street no more than
300 ft. in depth from a higher order road. The width
should be 20 ft. wide with no curbs or gutters re-
quired. Adequate turn-around shall be provided accor-
ding to standards established by the Planning Commis-
sion.
B. Sidewalk standards. Every manufactured housing development
shall have a permanent pedestrian walkway at least 48 inches wide
connecting all manufactured housing units to public or private
streets, common open spaces, recreational areas and commonly-owned
buildings and facilities.
C. Off-street parking standards. Each manufactured housing unit
shall be provided with two off-street parking spaces on each manufac-
tured housing site. In addition, guest parking facilities of one
parking space for each manufactured housing site shall also be pro-
vided on the project site. Parking space construction, size, land-
scaping and design requirements shall be according to Chapters 18.72
Revised December 1982
Land Use 18.84.070--18.84.100
(Site Review) and 18.92 (Off-Street Parking).
18.84.080 Storage and temporary occupancy of manufactured homes.
A. A no-charge permit from the Staff Advisor is required for the
storage of any manufactured housing unit on the home premises of the
owner for any length of time when not used for living purposes;
provided, however, that all units so stored shall abide by the yard
requirements for accessory building in this chapter.
B. No manufactured housing unit shall be stored on a public street
except for temporary maneuvering purposes.
C. Temporary occupancy of a manufactured housing unit as a
residence on the premises of a residence which premises do not meet
the requirements of this chapter for a manufactured housing develop-
ment may be permitted for a period not to exceed ninety (90) calendar
days upon the granting of a permit by the City Building Official.
Said permit shall not be renewable within a 6-month period beginning
at the first date of issuance, except with approval of the Staff
Advisor.
18.84.090 Non-conforming manufactured housing developments. A manu-
factured housing development and an individual manufactured housing
unit 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 nonconforming and
may be continued, subject to the following regulations:
A. Routine maintenance and repairs may be performed within the
manufactured housing development or upon individual manufactured
housing units.
B. No non-conforming manufactured housing development shall be
enlarged, remodeled or modernized except in conformance with all
requirements of this chapter, except that an area of less than two
acres for a development to be enlarged, remodeled or modernized may
be approved through the conditional use permit procedure contained in
this Title.
C. No manufactured housing unit shall be located on %he site of, or
substituted for, a non-conforming manufactured housing unit, the use
of which has been discontinued, except within a manufactured housing
development holding a certificate of sanitation issued by the Board
of Health, State of Oregon, issued prior to the effective date of
this chapter.
D. If a non-conforming manufactured housing development holding a
certificate of sanitation issued by the Board of Health, State of
Oregon, ceases operation for a period of six months or more, said
development shall be considered abandoned and shall be reinstituted
only in conformance with the requirements of this chapter.
18.84.100 Special conditions.
Revised December 1982
Land Use 18.84. 100--18.84.100
A. For the mitigation of adverse impacts, the City may impose
conditions to protect the best interests of the surrounding property,
the neighborhood or the City as a whole. Restrictions may include,
but are not limited to, the following:
I) Require view-obscuring shrubbery, walls or fences.
2) Increase perimeter setbacks.
3) Require noise buffering.
Require retention of specified trees, rocks, water ponds or
courses, or other natural features.
B. No manufactured housing developments may be located within the
Ashland Historic District.
Revised December 1982
Land Use 18.92.010--18.92.020
Chapter 18.92
OFF-STREET PARKING
Sections:
18.92.010
18.92.020
18.92.030
18.92.040
18.92.050
18.92.060
18.92.070
18.92.080
18.92.090
18.92.100
Generally.
Spaces required.
Handicapped parking.
Bicycle parking.
Compact car parking
Limitation, location, use of facilities.
Design requirements.
Construction.
Alterations, enlargements.
Loading facilities.
18.92.010 Generally. In all districts, except those specifically
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 Spaces required.
Uses & Standards
A. Residential uses.
1)
Single family dwellings
~o spaces per dwelling unit.
2)
Multi-family dwellinqs
One and one-half spaces per one bedroom unit; one and
three-fourths spaces per two-bedroom unit; and two spaces
per three or more bedroom unit.
3)
Clubs, fraternity and sorority house, rooming and boarding
houses, dormitories.
Two spaces for each three guest rooms; in dormitories, 100
sq. ft. shall be equivalent to a guest room.
4)
Hotels and motels
One space for each guest room, plus one space for the
owner or manager.
5)
Manufactured housing developments
Two spaces on each mobile home site, plus one space p~r
site for guest parking.
Revised December, 1982
Land Use 18.92. 020
6)
Performance standards developments
In addition to the requirement~ set forth above for
dwelling units, one space per two units for guest parking
shall be required where no on-street parking is provided.
Commercial uses.
1)
Auto, boat or trailer sales, retail nurseries and other open-
space uses.
One space per 1000 sq. ft. of the first 10,000 sq. ft. of
gross land area; plus one space per 5000 sq. ft. for the
excess over 10,000 sq. ft. of gross land area; and one per
two employees.
2)
Bowlinq alleys.
Three spaces per alley, plus additional spaces for
auxiliary activities set forth in this section.
3)
Business, qeneral retail, personal services.
General - one space for 300 sq. ft. of gross floor area.
Furniture and appliances - one space per 500 sq. ft. of
gross floor area.
4)
Chapels and mortuaries.
One space per four fixed seats in the main chapel, and for
every 28 sq. ft. of seating area where there are no fixed
seats; plus one space for each two employees.
5)
Offices.
Medical and dental - one space per 300 sq. ft. of gorss
floor area. General - one space per 400 sq. ft. of gross
floor area.
6)
Restaurants, bars, ice cream parlors and similar uses.
One space per four fixed seats and for every 28 sq. ft. of
seating area where there are no fixed seats; plus one
space per two employees on the largest shift; a minimum of
10 spaces is required.
7)
Skating rinks.
One space per 28 sq. ft. of rink area, plus one space per
four fixed seats; and for every 28 sq. ft. of assembly
area where there are no fixed seats.
8)
Theaters, auditoriums, stadiums, gymnasiums, and similar
uses.
One space per four fixed seats and for every 28 sq. ft. of
seating area where there are no fixed seats; plus one per
two employees; a minimum of ten spaces is required.
Revised December, 1982
Land Use 18.92.020
Industrial uses.
1)
Industrial uses, except warehousing.
One space per two employees on the largest shift or for
each 500 sq. ft. of gross floor area, whichever is less,
plus one space per company vehicle.
2)
3)
Warehousing.
One space per 1000 sq. ft. of gross floor area or for each
two employees, whichever is greater, plus one space per
company vehicle.
Public utilities (gas, water, telephone, etc.), not includ
ing business offices.
One space per two employees on the largest shift, plus one
space per company vehicle; a minimum of two spaces is
required.
Institutional and Public uses.
1)
Child care centers.
One space per two employees; a minimum of two spaces is
required.
2)
Churches.
One space per four fixed seats, and for every 28 sq. ft~
of seating area in the main auditorium where there are no
fixed seats.
3)
Golf courses, except miniature.
Eight spaces per hole, plus additional spaces for
auxiliary uses set forth in this Section.
4)
Hospitals.
Two spaces per patient bed.
5)
Nursing and convalescent homes.
One space per three patient beds.
6)
Rest homes and homes for the aged.
One space per two patient beds.
7)
Schools, elementary and junior high.
One and one-half spaces per classroom, or the requirements
for public assembly areas as set forth herein, whichever
is greater.
s)
High schools.
One and one-half spaces per classroom, plus one space per
10 students the school is designed to accommodate, or the
Revised December, 1982
Land Use 18.92. 020--18.92. 060
requirements for public assembly areas as set forth
herein, whichever is greater.
9)
Colleges, universities and trade schools.
One and one-half spaces per classroom, plus one space per
five students the school is designed to accommodate, plus
requirements for on-campus student housing.
Unspecified uses.
Where parking requirements for any use are not specifically
defined in this Section, such requirements shall be determined
by the Staff Advisor based upon the most comparable use
specified herein, and other available data.
18.92.030 Handicapped parking. All parking lots which contain 20 or
more parking spaces shall provide one handicapped parking space for
every 40 standard parking spaces or fraction thereof. The
handicapped parking symbol shall be painted on the parking space
and/or a handicapped parking sign shall be placed in front of each
space. These space shall be located in as close a proximity to the
desired destination as possible and should be a minimum of 12 feet in
width.
18.92.040 Bicycle parkinq. For each parking area containing more
than 10 spaces, areas shall be created and designated for bicycle
parking spaces or fraction thereof. Bicycle parking shall not be
located within parking aisles or pedestrian ways.
18.92.050 Compact car parking. Up to 40% of the total parking
spaces in a parking lot may be designated for compact cars. Minimum
dimensions for compact spaces shall be 8 x 16 ft. Such spaces shall
be signed and/or the space painted with the words "Compact Car Only."
18.92.055 Variances for Commercial Buildinqs in the Historic District.
' In order to preserve existing structures within Ashland's Historic
District, while permitting the redevelopment of property to its
highest commercial use, a variance of up to 50% of the required
parking may be granted to conunercial uses within Ashland's Historic
District, as a Type I Variance. It is the intent of this clause to
provide as much off-street parking as practical while preserving
existing structures and allowing them to develop to their full
commercial potential. And additionally, to identify redevelopment of
existing commercial and residential buildings for commercial use
within Ashland's Historic District as an exceptional circumstance and
unusual hardship for the purposes of granting a variance.
18.92.060 Limitations, location, use of facilities.
A. Location. Except for single and two-family dwellings, required
parking facilities may be located on an adjacent parcel of land, or
Revised December, 1982
Land Use 18.92.060--18.92.070
separated only by an alley, provided said adjacent parcel is main-
tained in the same ownership as the use it is intended to serve.
B. Except in the M-Industrial District, required parking shall not
be located in a required front and side-yard setback area abutting a
public street.
C. 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 requirements for the several uses
computed separately. The Staff Advisor may reduce the total
requirements for mixed uses by not more than 15%.
D. Joint use of facilities. 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 that the need for the facilities
does not materially overlap (e.g., uses primarily of a daytime rs.
nighttime nature) and provided that such right of joint use is
evidenced by a deed, lease, contract, or similar written instrument
establishing such joint use.
E. 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.
18.92.070 Desiqn requirements.
A. Size and acces. All 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 9 x 20 ft. and shall have a
24-ft. back-up space except where parking is angled, and except as
permitted in Section 18.92.050.
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 9 ft., and a shared driveway serving two units
shall have a width of 12 ft.
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 all vehicles
may enter the street in a forward manner.
3) Except for a single one or two-family dwelling, more than
two parking spaces shall be served by a driveway designed
and constructed to facilitate the flow of traffic on and
off the site, with 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 20 ft. and 12 ft. respectively.
Revised December, 1982
Land Use 18.92.070
C. Verticle clearance. Driveways, aisles, turn-around areas and
ramps shall have a minimum vertical clearance of 12 ft. for their
entire length and width.
D. vision clearance. No signs, structures or vegetation in excess
of two and one-half feet in height shall be placed in the vision
clearance area. The vision clearance area is the triangle formed by
a line connecting points 25 ft. from the intersection of property
lines. In the case of an intersection involving an alley and a
street, the triangle is formed by a line connecting points 10 ft.
along the alley and 25 ft. along the street. %fhen the angle of
intersection between the street and the alley is less than 30 de-
grees, the distance shall be 25 ft. No signs, structures or vegeta-
tion or portion thereof shall be erected within 10 ft. of driveways
unless the same is less than two and one-half feet in height.
E. Development and maintenance. Such development and maintenance
shall apply in all cases, except single and two-family dwelling:
1) 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
areas, aisles and turn-arounds shall have provisions made
for the on-site collection of drainage waters to eliminate
sheet flow of such waters onto sidewalks, public rights-
of-way, and abutting private property.
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. ~eel stops shall be a minimum of 4 inches
in height and width and 6 ft. in length. They shall be
firmly attached to the ground and so constructed as to
withstand normal wear. %fheel 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 30-42
inches in height shall be established parallel to and
not nearer than 5 ft. from the right-of-way line.
Screen planting shall be of such size and number to
provide the required screening within 12 months after
installation. The area between the wall or hedge and
street line shall be landscaped. All vegetation
Revised December, 1982
Land Use 18.92.070--18.92.090
b)
shall be adequately maintained by a permanent irriga-
tions system, and said wall or hedge shall be main-
tained in good condition.
In all zones, except single-family zones, where park-
ing facilities or driveways are located adjacent to
residential or agricultural zones, school yards, or
like institutions, a sight-obscuring fence, wall, or
evergreen hedge not less than 5 ft. nor more than 6
ft. high shall be provided on the property line as
measured from the high grade side. Said wall, fence
or hedge shall be reduced to 30-42 inches within
required setback area, or within 10 ft. of street
property lines, and shall be maintained in good con-
dition. Screen plantings shall be of such size and
number to provide the required screening within 12
months after installation. Adequate provisions shall
be made to protect walls, fences or plant materials
from being damaged by vehicles using said parking
areas.
7)
Landscaping. In all zones, all parking facilities shall
include landscaping to cover not less than 7% of the area
devoted to outdoor parking facilities, including the
landscaping required in subdivision (6) (a) above. Said
landscaping 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 100 ft. of property in
residential zones shall be directed into or on the site
and away from property lines such that the light element
shall not be directly visible from abutting residential
property.
18.92.080 Construction. The required parking facilities, including
design standards, shall be installed prior to a release of a certifi-
cate 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 of utilities 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 specified time, and that
there remains nothing for the owner to do prior to installation; or
(2) the owner has posted a satisfactory performance bond to ensure
the installation of said parking facilities within a specified time.
18.92.090 Alterations and enlarqements. The required parking
facilities shall be constructed when an existing building or dwelling
Revised December, 1982
Land Use 18.92.090--18.92.100
is altered or enlarged by the addition or creation of guest rooms or
dwelling units, or when a use is intensified by the addition of floor
space, seating capacity, or change in use.
18.92.100 Loading facilities.
required loading facilites:
The following provisions apply to
A. The minimum area required for commercial and industrial loading
spaces is a follows:
1) Two hundred fifty sq. ft. for buildings of 5000-20,000 sq.
ft. of gross floor area.
2) Five hundred sq. ft. for buildings of 20,000-50,000 sq.
ft. of gross floor area.
Seven hundred fifty sq. ft. for buildings in excess of
50,000 sq. ft. of gross floor area.
B. The minimum required loading area shall not be less than 10 ft.
in width by 25 ft. in length and an unobstructed height of 14 ft.
C. 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.
Revised December, 1982
PASSENGER VEHICLE
RIGHT TURN DESIGN
PARALLEL
30e
21'- I0"
7'-10" E
18' 21'- I0" 20' 24' 20'
61'-8" I I" 64'
60e 90e
! f
45° OVERLAPPED 45e HERRINGBONE
PARKING LAYOUT
VISION
CLEARANCE
ALL R- AND C-1 ZONES
VISION 3~6'
CLEARANCE ~,.
25' 25' ~J
STREET
AREAS
VISION
~,C LEARANCE
25' /AREA
~-- 36'---~
STREET
ALL OTHER ZONES
VISION 3~6,
CLEARANCE
STREET
VISION
~,CLEARANCE
25' /AREA
STREET
Land Use 18. 104.010--18. 104. 040
Chapter 18.104
CONDITIONAL USE PERMITS
Sections:
18.104.010
18.104.020
18.104.030
18.104.040
18.104.050
18.104.060
Purpose
Procedure
Plan requirements
Criteria
Conditions
Expiration
18.104.010 Purpose Uses designated as conditional uses may, for a given
zoning district, be permitted, enlarged, or altered in accordance with
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 certain conditions and at appropriate locations.
18.104.020 Procedure. An application for a conditional use permitsshall
be processed as a Type II procedure and shall be made by the owner of
subject property or authorized agent on a form prescribed by the Planning
Department and shall be accompanied by the prescribed fee and evidence
demonstrating compliance with the criteria noted below.
18.104.030 Plan requirements Review of a conditional use permit shall
be based upon submission of detailed plans containing the same
information as required for site plan approval in Section 18.72.
However, a conditional use permit may be reviewed based upon submission
of preliminary or conceptual plans provided that both the applicant and
approval authority agree to utilize the site plan review procedures of
Chapter 18.72 for final development review.
18.104.040 Criteria. A conditional use permit shall be granted if the
Approval Authority finds that the proposal conforms with the following
general criteria:
A. The proposal is in conformance with the Comprehensive Plan.
B. The location, size, design and operating characteristics of the
proposed development are such that the development will be reasonably
compatible with and have minimal impact on the livability and appropriate
development of abutting properties and the surrounding neighborhood.
C. In determining the above, consideration shall be given to the
following:
1) Harmony in scale, bulk, coverage and density.
2) The availability and capacity of public facilities and
Revised December, 1982
Land Use 18. 104. 040-18. 104. 060
3)
4)
5)
utilities.
The generation of traffic and the capacity of surrounding
streets.
Public safety and protection.
Architectural and aesthetic compatibility with the
surrounding area.
18.104.050 Conditions. The Approval Authority may designate conditions
in connection with the conditional use permit as it deems necessary to
secure the purpose of this Article and may require the guarantees and
evidence that such conditions will be complied with. Such conditions may
include:
Regulation of uses.
B. Special yards, spaces.
C. Fences and walls.
D. Street dedications and improvement petitions (or bonds).
E. Regulation of points of vehicular ingress and egress.
F. Regulation of signs.
G. Regulation of building textures, colors, architectural features
and height.
H. Landscaping screening and buffering where necessary to
increase compatibility with adjoining uses.
I. Regulation of noise, vibration, odors or other similar nuisances.
J. Regulation of hours for certain activities.
K. Time period within which the proposed use shall be developed.
L. Duration of use.
M. Preservation of natural vegetative growth and open space.
N. Any condition permitted by the Site Review Chapter (18.72).
O. Such other conditions as will make possible the development of
the City in an orderly and efficient manner in conformity with
the intent and purposes of this Article and the Comprehensive
Plan.
18.104.060 Expiration. Any Conditional Use Permit granted pursuant to
this section shall be deemed automatically revoked if not used within one
year of the date of approval. A permit shall expire six months after
discontinuance or abandonment of the approved use.
Revised December, 1982