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HomeMy WebLinkAbout2775 Amending 18.108 & Adding 18.106ORDINANCE NO. 2775 AN ORDINANCE AMENDING THE PROCEDURES CHAPTER OF THE LAND USE ORDINANCE; RECONCILING OTHER SECTIONS OF THE LAND USE ORDINANCE AND THE ASHLAND MUNICIPAL CODE TO THESE AMENDMENTS; AMENDING THE VARIANCE CRITERIA AND OTHER SECTIONS IN THE LAND USE ORDINANCE; AND REPEALING RESOLUTIONS 78-38 AND 88-20 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.108 of the Ashland Municipal Code is amended in its entirety to read: Chapter 18.108 PROCEDURES Sections: 18.108.010 18.108.015 18.108.017 18.108.020 18.108.022 18.108.030 18.108.040 18.108.050 18.108.060 18.108.070 18.108.080 18.108.100 18.108.110 18.108.140 18.108.150 18.108.160 18.108.170 18.108.180 Purpose Pre-application Conference Applications Types of Procedures Ministerial Actions Staff Permit Procedure Type l Procedure Type II Procedure Type Ill Procedure Effective Date of Decision Public Notice Public Hearings Appeal to Council Fees Council or Commission May Initiate Actions Ordinance Interpretations Legislative Amendments Resubmittal of Applications 18.108.010 Purpose. The purpose of this chapter is to establish procedures to initiate and make final decisions regarding planning actions. 18.108.015 Pre-Application Conference. An applicant shall request a pre-application conference prior to submitting an application for a Type I, II or Ill planning action. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the Land Use Ordinance, provide for an exchange of information regarding applicable elements of the comprehensive plan and development PAGE 1-ORDINANCE: TITLE 18.108 REVISION (p:plannlng\code\revol08h.ord) requirements and to identify policies and regulations that create opportunities or pose significant constraints for the proposed development. 18.108.017 Applications. A. In order to initiate a planning action, three copies of a complete application shall be submitted to the Planning Department. 1. Complete applications shall include: a. All of the required information for the specific action requested, b. Written findings of fact, c. Complete and signed application form. The application must be signed by one or more property owners of the property for which the planning action is requested, or their authorized agents. The application shall not be considered complete unless it is accompanied by the appropriate application fee. 2. Incomplete applications are subject to delay in accordance with ORS 227.178. The City will inform the applicant of deficiencies within 30 days of application. The applicant then has 31 days in which to provide a complete application. When the application is deemed complete, or at the end of the 31 day period, the City will begin the appropriate application procedure. B. All applicants for Types I, II and III planning actions shall have completed a pre- application conference for the project within a 6-month time period preceding the filing of the application. This requirement may be waived by the Staff Advisor if in the Staff Advisor's opinion the information to be gathered in a pre-application conference already exists in the final application. 18.108.020 Types of Procedures. A. Ministerial Actions. The Staff Advisor shall have the authority to review and approve or deny the following matters which shall be ministerial actions: 1. Final subdivision plat approval. (18.80.050) 2. Final partition map approval. (18.76.120) 4. Minor amendments to subdivisions and partitions. 5. Boundary line adjustments. (18.76.140) 6. Zoning permits. (18.112.010) 7. Sign permits. (18.96.050) 8. Home occupatior', permits. (18.94.130) B. Planning Actions. All planning actions shall be subject to processing by one of the four following procedures: 1. Staff Permit Procedure 2. Type l Procedure 3. Type II Procedure 4. Type III Procedure C. Legislative Amendments. Legislative amendments shall be subject to the procedures established in section 18.108.170. 18.108.022 Ministerial Action Time Limits. A. Within 21 days after accepting an application for a ministerial action the Staff Advisor shall deny or approve the PAGE 2-ORDINANCE: TITLE 18.108 REVISION Ip:planning\code\rev-108h.ord) application unless such time limitation is extended with the consent of the applicant. The Staff Advisor shall not accept applications which cannot be acted upon initially in a rational manner within seven days of receipt unless the applicant consents to a longer period for action. B. Within such 21 day period the Staff Advisor shall issue the permit or approval or advise the applicant that the application has been denied. 18.108.030 Staff Permit Procedure. A. Actions Included. The following planning actions shall be subject to the Staff Permit Procedure: 1. Site Review for two or three residential units on a single lot. 2. Physical and Environmental Constraints Review Permits as allowed in Chapter 18.62. 3. Variances described in Section 18.70.060. 4. Site Reviews in C-1, E-l, HO and M zones for expansions of an existing use that do not require new building area in excess of 2,500 square feet, or modification of more than 10% of the area of the site. 5. Extension of time limits for approved planning actions. Two extensions of up to 12 months each may be approved under the following conditions: a. A change of conditions, for which the applicant was not responsible, prevented the applicant from completing the development within the original time limitation, and b. Land Use Ordinance requirements applicable to the development have not changed since the original approval. An extension may be granted, however, if requirements have changed and the applicant agrees to comply with any such changes. 6. The following developments subject to the Site Design and Use Standards in section 18.72.040.A: a. Any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code, or any change in use which requires a greater number of parking spaces. b. Any addition less than 2,500 square feet or ten percent of the building's square footage, whichever is less, to a building. c. All installations of mechanical equipment in any zone. d. Installation of disc antennas subject to the requirements of Section 18.72.160. Any disc antenna for commercial use in a residential zone shall also be subject to a Conditional Use Permit (18.104). e. Any exterior change to a structure listed on the National Register of Historic Places. 7. Any other planning action designated as subject to the Staff Permit Procedure. 8. Other planning actions not otherwise listed or designated as a Type I, II or III procedure. B. Time Limits, Notice and Hearing Requirements. Applications subject to the Staff Permit Procedure shall be processed as follows: PAGE 3-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ordl 1. Within 14 days after receipt of a complete application the Staff Advisor shall approve, approve with conditions or deny the application unless such time limitation is extended with the consent of the applicant. The Staff Advisor shall enter findings and conclusions to justify the decision. 2. Notice of the decision shall be mailed within seven days of the decision. The notice shall contain the following information: a. The decision of the Staff Advisor and the date of the decision. b. That no public hearing will be held unless specifically requested. c. That a request for a public hearing must be made by the date indicated on the notice in order for a public hearing to be scheduled. d. That a request for a public hearing shall include the name and address of the person requesting the public hearing, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural irregularity. 3. Notice shall be mailed to the following persons: a. The applicant, or authorized agent. b. The subject property owner. c. All owners of record of property on the most recent property tax assessment roll within the notice area defined as that area within 100 feet of the subject property. 4. Persons to whom the notice is mailed shall have 10 days from the date of mailing in which to request a public hearing. Requests for a public hearing shall meet the following requirements: a. The request shall be filed by the date specified in the notice of decision. b. The request shall be in writing and include the appellant's name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural irregularity. 5. If a request for a public hearing is timely received, a public hearing shall be scheduled for the next regular Commission or Hearings Board meeting allowing adequate time to meet the notice requirements of section 18.108.080. The public hearing shall be in accord with the requirements of section 18.108.100. 18.108.040 Type I Procedure. A. Actions Included. The following planning actions shall be subject to the Type I Procedure: 1. Final Plan Approval for Performance Standards Subdivisions. 2. Site Reviews other than those subject to a Staff Permit Procedure or Type II Procedure. 3. Partitions which require no variances or only variances subject to Type I procedures. 4. Amendments to conditions of approval. 5. Creation of a private way, as allowed in section 18.80.030.B. 6. Conditional Use Permits involving existing structures or additions to existing structures, and not involving more than 3 residential dwelling units, or temporary uses. 7. Variances for: a. Sign placement. PAGE 4-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ordl b. Non-conforming signs, when bringing them into conformance as described in section 18.96.130.D. c. Up to 50% reduction of standard yard requirements. d. Parking in setback areas. e. Up to 10% reduction in the number of required parking spaces. f. Up to 10% reduction in the required minimum lot area. g. Up to 10% increase in the maximum lot coverage percentage. h. Up to 20% reduction in lot width or lot depth requirements. i. Up to 50% reduction for parking requirements in Ashland's Historic District as described in section 18.92.055. j. Up to 10% variance on height, width, depth, length or other dimension not otherwise listed in this section. k. Site Design and Use Standards as provided in section 18.72.090. 8. The following developments subject to the Site Design and Use Standards in section 18.72.040.13: a. Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined by the zoning regulations of this Code. b. Any residential use which results in four dwelling units or more on a lot. c. All new structures or additions greater than 2,500 square feet, except for developments included in section 18.108.030.A.6. 9. Any other planning action designated as subject to the Type I Procedure. B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type I Procedure shall be processed as follows: 1. Complete applications shall be reviewed at the first regularly scheduled Commission meeting which is held at least 30 days after the submission of the complete application. 2. Within 14 days after receipt of a complete application, the Staff Advisor shall approve, approve with conditions or deny the application unless such time limitation is extended with the consent of the applicant. The Staff Advisor shall enter findings and conclusions to justify the decision. 3. Notice of the decision shall be mailed within seven days of the decision to the persons described in section 18.108.030.B.3. The notice shall contain the information required in section 18.108.030.B.2 plus a statement that unless a public hearing is requested, the action will be reviewed by the Commission. Persons to whom the notice is mailed shall have 10 days from the date of mailing in which to request a public hearing before the Commission. Requests for a public hearing shall conform to the requirements of section 18.108.030.B.4. 4. If a request for a public hearing is timely received, a public hearing shall be scheduled for the next regular Commission or Hearings Board meeting allowing adequate time to comply with the notice requirements of section 18.108.080. The public hearing shall be in accord with the requirements of section 18.108.100. 5. If no request for a public hearing is timely received, the decision shall be reviewed by the Commission or Hearings Board at its first regularly scheduled meeting 30 days after submission of the application. The Commission or Board may: PAGE 5-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) a. Amend the decision; in such case, the action shall be re-noticed as a Type I decision, with a 7-day period within which to request a public hearing, except that the Commission shall not review the decision again should there be no such request filed. b. Initiate a public hearing of the decision, through a majority vote of those in attendance, to be heard at the following month's regularly scheduled Commission or Board meeting. c. Take no action at the meeting when the decision is scheduled on the agenda. In such case the decision is final the next day. 6. Prior to the Staff Advisor making a decision, applicants or the Staff Advisor may request planning actions subject to a Type I procedure be heard by the Commission or Board. In such case, the Staff Advisor shall not make a decision and shall schedule a hearing before the Commission or Board to be heard as provided in section 18.108.040.B.4. 18.108.050 Type II Procedure. A. Actions Included. The following planning actions shall be subject to the Type II Procedure: 1. All Conditional Use Permits not subject to a Type I procedure. 2. All variances not subject to the Type I procedure. 3. Outline Plan for subdivisions under the Performance Standard Options (AMC Chapter 18.88). 4. Preliminary Plat for subdivisions under the standard subdivision code (AMC Chapter 18.80). 5. Final Plan approval for all subdivision requests under the Performance Standard Options not requiring Outline Plan approval. 6. Any public hearing of a Staff decision resulting from the Staff Permit Procedure. 7. Any other planning action designated as subject to the Type II Procedure. B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type II Procedure shall be processed as follows: 1. Complete applications shall be heard at the first regularly scheduled Commission meeting which is held at least 30 days after the submission of the complete application. 2. Notice of the hearing mailed as provided in section 18.108.080. 3. Public hearing shall be held before the Commission in accord with the requirements of section 18.108.100. 18.108.060 Type Ill Procedure. A. The following planning actions shall be subject to the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map or other official maps, except for legislative amendments. 2. Comprehensive Plan Map Changes or changes to other official maps, except for legislative amendments. 3. Annexations. 4. Urban Growth Boundary Amendments. PAGE 6-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord} B. Standards for Type III Planning Actions. 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and one of the following conditions exist: a. A public need, supported by the Comprehensive Plan. b. The need to correct mistakes. c. The need to adjust to new conditions. d. Where circumstances relating to the general public welfare require such an action. 2. Annexations shall be subject to the criteria of 18.106. 3. Urban growth boundary amendments shall be subject to the criteria contained in the Urban Growth Boundary Agreement between the City of Ashland and Jackson County. Commission action. Such hearing. C. Type III Procedure. 1. Applications subject to the Type III Procedure shall be processed as follows: a. Complete applications shall be heard at the first regularly scheduled Commission meeting which is held at least 45 days after the submission of the application. b. Notice of the hearing shall be mailed as provided in section 18.108.080. c. A public hearing shall be held before the Commission as provided in section 18.108.100. 2. For planning actions described in section 18.108.060.A.1 and 2, the Commission shall have the authority to take such action as is necessary to make the amendments to maps and zones as a result of the decision without further action from the Council unless the decision is appealed. The decision of the Commission may be appealed to the Council as provided in section 18.108.110. 3. For planning actions described in section 18.108.060.A.3 and 4, the shall make a report of its findings and recommendations on the proposed report shall be forwarded to the City Council within 45 days of the public a. Upon receipt of the report, or within 60 days of the Commission hearing, the Council shall hold a public hearing as provided in section 18.108.100. Public notice of such hearing shall be sent as provided in section 18.108.080. b. The Council may approve, approve with conditions, or deny the application. 18.108.070 Effective Date of Decision and Appeals. A. Ministerial actions are effective on the date of the decision of the Staff Advisor and are not subject to appeal. B. Actions subject to appeal: 1. Staff Permit Decisions. Unless a request for a public hearing is made, the final decision of the City for planning actions resulting from the Staff Permit procedure shall be the Staff Advisor decision, which shall be effective ten days after the date of decision. If heard by the Commission or Board, the Commission or Board decision PAGE 7-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) shall be the final decision of the City on such matters, effective 15 days after the findings adopted by the Commission are signed by the Chair of the Commission and mailed to the parties. 2. Type I Planning Actions. Unless a request for a public hearing is made, the final decision of the City for planning actions resulting from the Type I Planning Procedure shall be the Staff Advisor decision, effective on the day after the decision is scheduled to be reviewed by the Commission or Board. If a public hearing is held by the Commission or Board, the decision of the Commission or Board shall be the final decision of the City, unless appealed to the Council as provided in section 18.108.110.A. If a public hearing is held, the final decision shall be effective 15 days after the findings adopted by the Commission or Board are signed by the Chair of the Commission or Board and mailed to the parties. The decision of the Council shall be the final decision of the City on appeals heard by the Council, effective the day the findings adopted by the Council are signed by the Mayor and mailed to the parties. 3. Type II Planning Actions. The decision of the Commission is the final decision of the City resulting from the Type II Planning Procedure, effective 15 days after the findings adopted by the Commission are signed by the Chair of the Commission and mailed to the parties, unless appealed to the Council as provided in section 18.108.110.A. The decision of the Council shall be the final decision of the City on appeals heard by the Council, effective the day the findings adopted by the Council are signed by the Mayor and mailed to the parties. 4. Type III Planning Actions. For planning actions described in section 18.108.060.A.1 and 2, the decision of the Commission shall be the final decision of the City resulting from the Type III Planning Procedure, unless appealed to the Council as provided in section 18.108.110.A. The final decision shall be effective 15 days after the findings adopted by the Commission are signed by the Chair of the Commission and mailed to the parties. The decision of the Council shall be the final decision of the City on appeals heard by the Council, effective the day the findings adopted by the Council are signed by the Mayor and mailed to the parties. For planning actions described in section 18.108.060.A.3 and 4, the decision of the Council shall be the final decision of the City, effective the day the findings adopted by the Council are signed by the Mayor and mailed to the parties. 5. The City Council may call up any planning action for a public hearing and decision upon motion and majority vote, provided such vote takes place in the required time period, as outlined below. C. No building or zoning permit shall be issued for any action under this Title until the decision is final, as defined in this section. 18.108.080 Public Notice. Public notice for hearings before the Hearings Board or Commission for planning actions shall be given as follows: A. Notices shall be mailed at least 10 days prior to the hearing to: 1. The applicant or authorized agent, . 2. The subject property owner, and 3. All owners of record of property on the most recent property tax assessment roll within 200 feet of the subject property unless the hearing has been requested PAGE 8-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) under the Staff Permit procedure. In such case the notice shall be mailed only to owners within 100 feet of the subject property. B. Mailed notices shall contain the following information, provided, however, that notices for hearings before the Council shall not contain the statements specified in paragraphs 8 and 9: 1. Explanation of the nature of the application and the proposed use or uses which could be authorized. 2. List of the applicable criteria from the ordinance and the plan that apply to the application at issue. 3. The street address or other easily understood geographical reference to the subject property. 4. The name of a local government representative to contact and the telephone number where additional information may be obtained. 5. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. 6. The date, time and location of the hearing or of the meeting, if no hearing is involved. 7. A statement that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes an appeal to the Land Use Board of Appeals (LUBA) based on that issue. 8. A statement that if additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. 9. A statement that unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. C. Posted Notice. Except for Staff Permit Procedure planning actions, a notice, as described in this subsection, shall be posted on the subject property by the applicant in such a manner as to be clearly visible from a public right-of-way at least 10 days prior to the date of the Commission meeting. Failure by the applicant to post a notice, or post in clear view from a public right-of-way shall be considered an incomplete application. The applicant shall certify, for the record of the hearing, that the posting was accomplished. The failure of the posted notice to remain on the property shall not invalidate the proceedings. The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. D. Additional Requirements for Type II and III Public Notice. In addition to the notice specified in section 18.108.080.A, B and C, notice for Type II and III procedures shall be published in a newspaper of general circulation in the City at least 10 days prior to the date of the hearing before the Commission. E. The failure of a property owner to receive notice as provided in this section shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice PAGE 9-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-108h.ord) was mailed. The failure to receive notice shall not invalidate the decision after the action is final if a good faith attempt was made to notify all persons entitled to receive notice. F. Whenever it is demonstrated to the Staff Advisor that: 1. The city did not mail the notice required in § 18.108.030.B; 2. Such error adversely affected and prejudiced a person's substantial rights; and 3. Such person notified the Staff Advisor within 21 days of when the person knew of should have known of the decision, the Staff Advisor shall schedule a hearing for the next regular Commission or Hearings Board meeting allowing adequate time to comply with the notice requirements of section 18.108.080. The public hearing shall be conducted as provided in § 18.108.100. If a hearing is conducted under this section, the decision of the Commission or Hearings Board shall supersede the previous decision. G. Whenever it is demonstrated to the Staff Advisor that: 1. The city did not comply with the notice requirements in § 18.108.080.A through E; 2. Such error adversely affected and prejudiced a person's substantial rights; and 3. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision, the Staff Advisor shall schedule a hearing before the Board, Commission or Council that heard or would have heard the matter involving the defective notice. a. The Staff Advisor shall notify by mail all persons who previously appeared in the matter and all persons who were entitled to mailed notice but were not mailed such notice. b. The hearing shall be conducted as provided in § 18.108.100 if it is a hearing before the Board or Commission, except that the record of the previous hearing shall be reviewed and considered by the Board or Commission. If it is an appeal before the Council, the Council may hear such matters as are permitted in § 18.108.110. A decision made after the hearing shall supersede the previous decision. H. Notwithstanding the period specified in subsections F.3 and G.3 of this section, the period for a hearing or appeal shall not exceed three years after the date of the initial decision. 18.108.100 Public Hearings Procedure. A. At the commencement of a public hearing a statement shall be made to those in attendance that: 1. Lists the applicable substantive criteria. 2. States that testimony and evidence must be directed toward the listed applicable substantive criteria, or other criteria in the comprehensive plan or Land Use Ordinance which the person believes to apply to the decision. PAGE 10-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) 3. States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to LUBA based on that issue. 4. States that failure to participate in the public hearing, either orally or in writing, precludes appeal to LUBA. 5. States the presentation and rebuttal time limits for the applicant, proponents, and opponents. 6. Other general rules of conduct for the public hearing as deemed necessary by the Board or Commission. B. After the statement required by section 18.108.100.A is made, the Commission or Council members shall declare any actual or potential conflicts of interest and any ex parte contacts including the substance of those contacts and any conclusions the member reached because of those contacts. 1. No member shall serve on any proceeding in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 227.035, has a direct or substantial financial interest; or in which the member is biased. If a member refuses to disqualify him or herself, the Board, for hearings before the Board; the Commission, for hearings before the Commission, or the Council for hearings before the Council, shall have the power to remove such member for that proceeding. 2. All parties shall be advised that they have the right to rebut the substance of any ex parte communications. C. At such public hearing, after receipt of public testimony, the Board or Commission may approve, approve with conditions or deny the request. The Board or Commission may also continue the public hearing to the next meeting to allow for the submittal of additional information for consideration in the decision. At the public hearing, the date, time, and location for the continuance of the public hearing shall be stated. After such statement, no additional public notice shall be required. D. A majority of those members present at the public hearing must vote affirmatively in order to adopt findings. 18.108.110 Appeal to Council A. Appeals of Type I decisions for which a hearing has been held, of Type II decisions or of Type III decisions described in section 18.108.060.A.1 and 2 shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. Failure to pay the Appeal Fee at the time the appeal is filed is a jurisdictional defect. 1. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural irregularity. PAGE 11-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) 3. The notice of appeal, together with notice of the date, time and place of the hearing on the appeal by the Council shall be mailed to the parties at least 20 days prior to the hearing. 4. The appeal shall be a de novo evidentiary hearing. 5. The Council may affirm, reverse or modify the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. B. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following: 1. The applicant. 2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. 3. The Council, by majority vote. 4. Persons who were entitled to receive notice of the action but did not receive notice due to error. 18.108.140 Fees. Fees for applications under this Title shall be set by resolution of the Council. 18.108.150 Council or Commission May Initiate Procedures. The Commission or Council may initiate any Staff Permit, Type I, Type II, or Type III planning action by motion duly adopted by the respective body designating the appropriate city department to complete and file the application. 18.108.160 Ordinance Interpretations. A. When in the administration of the Land Use Ordinance there is doubt regarding its intent, the suitability of uses not specified or the meaning of a word or phrase, the Staff Advisor may interpret the provision in writing or refer the provision to the Commission for interpretation. The Commission shall issue an interpretation in writing to resolve the doubt. Neither the Staff Advisor's interpretation nor the Commission's shall have the effect of amending the provisions of the Land Use Ordinance. Any interpretation of the Land Use Ordinance shall be based on the following considerations: 1. The comprehensive plan; 2. The purpose and intent of the Land Use Ordinance as applied to the particular section in question; and 3. The opinion of the City Attorney. B. The interpretation of the Staff Advisor shall be forwarded to the Commission who shall have the authority to modify the interpretation. The interpretation of the Commission shall be forwarded to the Council who shall have the authority to modify the interpretation. Whenever such an interpretation is of general public interest, copies of such interpretation shall be made available for public distribution. PAGE 12-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-108h.ord) 18.108.170 Legislative amendments. A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission'may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. 18.108.180 Resubmittal of Applications. In case an application is denied by the Commission, or denied by the Council on appeal, unless that denial is specifically stated to be without prejudice, it shall not be eligible for resubmittal for one year from the date of the denial, unless evidence is submitted that conditions, the application, or the project design have changed to an extent that further consideration is warranted. SECTION 2. Section 18.08.345 is added to the Ashland Municipal Code: 18.08.345. Leqislative amendment. An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the zoning map, comprehensive plan maps or other official maps including the street dedication map described in section 18.82.050, for land involving numerous parcels under diverse ownerships. PAGE 13-ORDI NANCE: TITLE 18.108 REVISION {p:planning\code\rev-108h.ord) SECTION 3. Section 18.08.487 is added to the Ashland Municipal Code: 18.08.487 Minor amendment. An amendment to a subdivision or partition plat that: A. Does not increase the number of lots or parcels created by the subdivision or parti- tion; B. Does not enlarge the boundaries of subdivided or partitioned area; C. Does not change the general location or amount of land devoted to a specific land use; or D. Makes only minor shifting of the established lines, location or size of buildings or building envelopes, proposed public or private streets, pedestrian ways, utility easements, parks or other public open spaces. SECTION 4. Section 18.08.595 is added to the Ashland Municipal Code: 18.08.595. Planning action. A proceeding pursuant to this ordinance in which the legal rights, duties or privileges of specific parties are determined, and any appeal or review of such proceeding, pursuant to the provisions of this ordinance. A planning action does not include a ministerial action or a legislative amendment. SECTION 5. Section 18.08.870 is added to the Ashland Municipal Code: 18.08.870. Zoning permit. An acknowledgement made to the Building Official by the Staff Advisor that the application for a building permit meets the requirements of the Land Use Ordinance. Where applicable a zoning permit may also set forth any special conditions to be met by the applicant prior to issuance of a Certificate of Occupancy or any other planning and zoning related conditions to be enforced by the Building Official. SECTION 6. Chapter 18.106 is added to the Ashland Municipal Code as follows: Chapter 18.106 ANNEXATIONS Sections: 18.106.010 Procedure 18.106.020 Application 18.106.030 Approval Standards 18.106.040 Boundaries 18.106.050 Statutory Procedure 18.106.060 Procedure PAGE 14-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) 18.106.010 Procedure. All annexations shall be processed under the Type III procedure. 18.106.020 Application. Application for annexation shall include the following information: A. Consent to annexation which is non-revokable for a period of one year from its date. B. Agreement to pay system development annexation charges as required by AMC 4.16.010. C. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of Public Service Districts defined in ORS 222.510. D. Boundary description and map prepared in accordance with ORS 308.225. Such description and map be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented as required by ORS subsequent to Council approval of the proposed annexation. E. Written findings addressing the criteria in 18.106.030. 18.106.030 Approval standards. The following findings shall be required for approval of an annexation to the City of Ashland: A. That the land is within the City's Urban Growth Boundary. B. That the proposed zoning and project are in conformance with the City's Comprehensive Plan. C. That the land is contiguous with the City Limits. D. That adequate City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. E. That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated; or 1. That the proposed lot or lots shall be residentially zoned under the City's Comprehensive Plan and that the applicant has agreed to provide 25% of the proposed residential units at affordable levels, in accord with the standards established by resolution of the Ashland City Council. Such agreement to be filed as part of the initial application and completed and accepted by all parties prior to the final adoption of the ordinance annexing the property; or 2. That the proposed lot or lots will be zoned E-1 under the City's Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation PAGE 15-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-108h.ord) request or within one year of the annexation hearing and prior to the final adoption of the ordinance annexing the property. Failure to obtain subsequent site review approval shall invalidate any previous annexation approval; or 3. That a current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. That the existing development in the County has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. That the area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. That the lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. 18.106.040 Boundaries. When an annexation is initiated by a private individual, the Staff Advisor may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the City of Ashland. The Staff Advisor, in a report to the Commission and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and Council to make annexations extending the City's boundaries more logical and orderly. 18.106.050 Statutory procedure. The applicant for the annexation shall also declare which procedure under ORS 222 the applicant proposes that the Council use, and supply evidence that the approval through this procedure is likely. SECTION 5. Section 2.14.050 of the Ashland Municipal Code is deleted. SECTION 6. Section 18.08.130 of the Ashland Municipal Code is amended to read: 18.08.130 Commission. The Planning Commission of the City. SECTION 7. Section 18.100.020.B of the Ashland Municipal Code is deleted and the remaining sections shall be renumbered accordingly. 18.100.020 Application. The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Aisc to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. PAGE 16-ORDINANCE: TITLE 18.108 REVISION Ip:plannlng\code\rev-lOSh.ord} C. That the circumstances or conditions have not been willfully or purposely self-imposed. SECTION 8. Section 18.04.020 of the Ashland Municipal Code is amended to read: 18.04.020 Purpose. The purpose of this Title is to encourage the most appropriate and efficient use of land; to accommodate orderly growth; to provide adequate open space for light and air; to conserve and stabilize the value of property; to protect and improve the aesthetic and visual qualities of the living environment; to aid in securing safety from fire and other dangers; to facilitate adequate provisions for maintaining sanitary conditions; to provide for adequate access to and through property; and in general to promote the public health, safety and the general welfare, all of which is in accordance with and in implementation of the Comprehensive Plan of the City of Ashland. Race, color, religion, sex, sexual orientation, national origin or disability shall not be an adverse consideration in making any decision under the Land Use Ordinance. SECTION 9. The first sentence in section 18.62.040.E of the Ashland Municipal Code is amended to read: E. Criteria for approval. A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: SECTION 10. Section 15.04.090 of the Ashland Municipal Code is amended to read: 15.04.090 Building Permits Generally. Permits shall be obtained as required by the specialty codes. General contractors shall obtain all permits for a given job at one time. No building permit that would result in the construction of new structures, or the enlargement or change in use of existing structures shall be issued prior to the presentation of an approved zoning permit to the Building Official by the applicant. Such zoning permit shall be issued by the Planning Director, or a designee, and shall verify that the contemplated project is in accord with all applicable zoning and planning regulations. It shall also set forth any special conditions to be met by the applicant prior to issuance of a Certificate of Occupancy or any other planning and zoning related conditions to be enforced by the Building Official. The issuance and continued validity of any building permit issued by the City of Ashland shall be contingent on compliance by the applicant with all applicable city, county, state, or other regulations. On properties or in areas designated to be of significant historical value or interest applications for building permits, not requiring review by the Planning Commission pursuant to Title 18 of the Municipal Code, shall be referred to the Ashland Historic Commission for review and recommendations, who shall have a period of time not to exceed seven days to complete such review and recommendations. SECTION 11. Section 18.70.080.C of the Ashland Municipal Code is amended to read: 18.70.080 Hearing Procedure. A. The Staff Advisor shall send notice of the hearing on the permit application to the applicant and to all persons originally notified of the Solar PAGE 17-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) Access Permit application, and shall otherwise follow the procedures for a Type I hearing. B. The Staff Advisor shall consider the matters required for applications set forth in Section 18.70.070(B) 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 on presently under-developed property. 1. If the objector is unable to prove these circumstances and the applicant makes the showings required by Section 18.70.060(B), the Staff Advisor shall approve the permit. 2. If the applicant has failed to show all structures or vegetation shading of the proposed collector location in his application, the Staff Advisor may approve the permit while adding the omitted shading structures or vegetation as exemptions from this Chapter. 3. 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 Advisor may approve the permit, adding such exemptions as are necessary to allow for reasonable development of the objector's property. 4. If the Staff Advisor finds that the application contains inaccurate information which substantially affects the enforcement of the Solar Access Permit, the application shall be denied. C. Any decision by the Staff Advisor is subject to review before the Planning Commission as a Type II planning action according to the usual procedures contained in this Title. SECTION 12. Section 18.104.070 of the Ashland Municipal Code is amended to read: 18.104.070 Revocation; Abandonment. Unless a longer period is specifically allowed by the approval authority, any conditional use permit approved under this section, including any declared phase, shall be deemed revoked if the proposed use or phase is not commenced within one year of the date of approval. A use or phase shall not be considered commenced until the permittee has actually obtained a building permit and commenced construction or has actually commenced the conditional use on the premises. If the permit requires site design approval under Chapter 18.72, the permit shall be deem revoked if the use or phase is not developed within one year of the date of site design approval. A conditional use is deemed void if discontinued or abandoned for a period of six consecutive months. SECTION 13. Section 18.70.060.B of the Ashland Municipal Code is amended to read: B. A variance may be granted with the following findings being the sole facts considered by the Staff Advisor: 1. That the owner or owners of all property to be shaded, sign and record with the County Clerk on the affected properties' deed, a release form supplied by the City, which contains the following information: PAGE 18-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-108h ord) a. The signatures of all owners or registered leaseholders who hold an interest in the property in question. b. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. c. A statement that the solar access guaranteed by this Section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. d. A description and drawing of the shading which would occur, and 2. The Staff Advisor finds that: a. The variance does not preclude the reasonable use of solar energy on the site by future buildings; and b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot. c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. SECTION 14. Section 18.68.090.A of the Ashland Municipal Code is amended to read: A. A non-conforming use or structure may not be enlarged, extended, reconstructed, substituted, or structurally altered, except as follows: 1. When authorized in accordance with the same procedure as provided in Conditional Use Chapter 18.104, a nonconforming use may be changed to one of the same or a more restricted nature. 2. When authorized in accordance with the same procedure as provided in Conditional Use Chapter 18.104, an existing structure may be enlarged, extended, reconstructed, or structurally altered, except that a Conditional Use Permit need not be obtained to enlarge or extend a single-family home in the residential district, provided that the addition or extension meets all requirements of this Title. 3. A non-conforming structure may be enlarged, reconstructed or structurally altered if its footprint is not changed in size or shape. SECTION 15. Resolution 78-38 entitled "A RESOLUTION OF THE CITY OF ASHLAND ADOPTING LAND USE HEARING RULES FOR CONDUCT OF QUASI-JUDICIAL HEARINGS BEFORE THE CITY COUNCIL AND PLANNING COMMISSION" and PAGE 19-ORDINANCE: TITLE 18.108 REVISION (p:planning\code\rev-lOSh.ord) resolution 88-20 entitled "A RESOLUTION AMENDING THE LAND-USE HEARING RULES ADOPTED BY RESOLUTION 78-38" are repealed. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the duly P~ASSED and ADOPTED this./~'.~ Barbara Christensen, City Recorder SIGNED and APPROVED this /7 ?¢ day of J¢~.4~.'4.*.,~, 1996, and day of '.J/L/~¢'~!~x/ ,1996. day of ¢F'¢,!~-/'~_ , 1996. 2' e M. Golden, Mayor ~~/~ ~Ap. roved~a~/k.j to form: Paul Nolte, City Attorney PAGE 20-ORDINANCE: TITLE 18.108 REVISION {p:pfanning\code\rev-108h.ord)