HomeMy WebLinkAbout2007-1015 Study Session Packet
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CITY OF
ASHLAND
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CITY COUNCIL ~TUDY SESSION
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Monday, October 1$, 2007 at 5:15 p.m.
Council Chambers, 11175 East Main Street
1. 400k Ahead Review . i .
2. lJeview of regular meetingagend~ for October 16, 2007
3. Qiscussion of adoption of 2007 0$90n Fire Code with Ashland
~endmeflts i .
4. !land Use Amendment Ordinance
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In compliance with the Americans with Disabilities Af~ if you need special assistance to participate in
this ""Feting, please contact the City Administrator's fce at (541) 488-6002 (1TY phone number
1i800~73J-2900). Notification 72 hours prior to the eeting will enable the City to make reasonable
arrangements to ensure accessibility to the meeting (. 8 CFR 35.102-35.104 ADA Title I).
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CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit
written comments to the Council on any item on the Agenda, .unless it is the subject of a public hearing and the =n! is closed.
Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the
Presiding Officer may allow oral testimony; bowever, public meetings law guarantees only public attendance, not public
participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers.
Tbe chair will recognize you and inform you as to the amount of time allotted to you, ifany. Tbe time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 16,2007
Civic Center Council Chambers
1175 E. Main Street
6:30 p.m. Executive Session to discuss: real property transaction pursuant to ORS
192.660(2)(e) and pending litigation pursuant to ORS 192.660(2)(h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes}
1. Special Meeting Minutes of September 25, 2007
2. Study Session meeting minutes of October 1, 2007
3. Executive Session meeting minutes of October 2, 2007
4. Regular Council meeting minutes of October 2, 2007
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of October as National Federation of the Blind "Meet the Blind
Month"
2. Mayor's Proclamation of October 24 as "United Nations Day"
3. Ashland EOC Exercise Report [20 Minutes]
VII. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Set a Public Hearing for November 20, 2007 to Consider Limiting the Glenn Street
Railroad Crossing to Bicycles and Pedestrians Only
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject
of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a
subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC
~2.04.040})
None.
COUNCIL MEETINGS ARE BRO/\DCAST LIVE ON CHANNEL <)
VISIT'n IE CITY OF ASIILAND'S WEB SITE AT WWW.ASIILAND.OR.US
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Repeat Second Reading of Ethics Ordinance [10 Minutes]
2. Review of Lithia Way Parking Lot Development Agreements [30 Minutes]
3. Recommendations from Transportation Financing Taskforce [15 Minutes]
4. Draft Intergovernmental Agreement with Jackson County for Library Services [15
Minutes] Please note: materials for this item will be delivered as soon as possible.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Nomination of Voting Delegate and Alternate to NLC Conference [5 Minutes]
2. Appointment of Systems Development Charge (SDC) Committee Members
[15 Minutes]
3. RPS report [20 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading of a Resolution titled, "A Resolution Declaring the Canvass of the Vote of
the Election Held in and for the City of Ashland, Oregon, on September 18, 2007; and
approval of Proclamation declaring the passage of the measure."
2. First Reading by title only of an Ordinance titled, "An Ordinance Amending Chapter
15 of the Ashland Municipal Code Adopting the 2007 Oregon Fire Code with Ashland
Amendments"
3. Reading of a Resolution titled, "A Resolution Adopting an Open Burning Permit Fee
Schedule Pursuant to Ashland Municipal Code Section 10.30.040"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Further Discussion of implementation of July 18, 2007 Council Motion regarding Mt.
Ashland Association
2. Discussion regarding Mt. Ashland Association wastewater treatment plant
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASllLAND.OR.US
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CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may suhmit
writ1en comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed.
Except for public hearings, there is no ahsolute right 10 orally address the Council on an agenda item. Time permitting, the
Presiding Officer may allow ora] testimony: however. public meetings law guarantees only public attendance, not public
participation. lfyou wish to speak, please fill out the Speaker Requestlonn located near the entrance 10 the Council Chambers.
The chair will recognize you and inform you as to the amount of time allotted to you, irany. The lime granted will be dependent to
some extent on the nature of the item under discussion, the number of people who wish to be heard. and the length of the agenda.
QUESTION FORMAT
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 16,2007
Civic Center Council Chambers
1175 E. Main Street
6:30 p.m. Executive Session to discuss: real property transaction pursuant to ORS
192.660(2)(e) and pending litigation pursuant to ORS 192660(2)(h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF:{5 minutes]
1. Special Meeting of September 25, 200??
2. Study Session of October 1, 200??
3. Executive Session of October 2, 200??
4. Regular Council meeting of October 2, 200??
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of October as National Federation of the Blind "Meet the Blind
Month"
2. Mayor's Proclamation of October 24 as "United Nations Day"
3. Does the Council have any questions about the Report on the Ashland EOC
Exercise? (20 Minutes)
VII. CONSENT AGENDA [5 minutes)
1. Does the Council accept the minutes of Boards, Commissions, and Committees as
transmitted?
2. Shall the City set a Public Hearing for November 20, 2007 to Consider Limiting the
Glenn Street Railroad Crossing to Bicycles and Pedestrians Only?
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal All hearings must conclude by 900 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMe s2.04.040})
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Should the Council reapprove the Second Reading of Ethics Ordinance to correct a
procedural error from the October 2,2007 meeting? [10 Minutes]
2. Does the Council wish to rescind the Agreements between the City, Kendrick
Enterprises and Access for developing a mixed-use commercial and affordable
housing project on the City's Lithia Way parking lot? If so, would the City Council like
to study options for development of this property or other downtown parking lots for
the purpose of helping meet the Council's affordable housing goal?[30 Minutes]
3. Does the Council wish to adopt the rrecommendations from Transportation Financing
Taskforce either as presented or with modifications? What next steps does the
Council wish to pursue? [15 Minutes]
4. Should the Council approve a draft Intergovernmental Agreement with Jackson
County for Library Services [15 Minutes] ptease note: materials for this item will be
delivered as soon as possible.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Which member of the City Council should be appointed as the voting Delegate and
Alternate to the National League of Cities Conference? [5 Minutes]
2. Will the Council appoint Systems Development Charge (SDC) Committee Members,
as recommended or modified?
[15 Minutes]
3. Does the City Council wish to provide comment on the current regional problem
solving (RPS) effort plan? What questions will the City need to address before it can
adopt the report, agreement, and map from RPS. [20 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Does the Council wish to adopt a Resolution titled, "A Resolution Declaring the
Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon, on
September 18, 2007; and approval of Proclamation declaring the passage of the
measure"?
2. Does the Council wish to approve the First Reading by title only of an Ordinance
titled, "An Ordinance Amending Chapter 15 of the Ashland Municipal Code Adopting
the 2007 Oregon Fire Code with Ashland Amendments?"
3. Does the Council wish to adopt a Resolution titled, "A Resolution Adopting an Open
Burning Permit Fee Schedule Pursuant to Ashland Municipal Code Section
10.30.040?"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Does the Council wish to provide direction to City staff about implementation of
Section 1 of City Council resolution 2005-25, related to restoration costs of the Mount
Ashland Ski Area?
2. Does the Council wish to investigation potential permit violations by the Mt. Ashland
Association in operating the wastewater treatment plant at the ski area?
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
CITY OF
ASHLAND
Council Communication
An Ordinance Amending Chapter 15 of the Ashland Municipal Code Adopting the
2007 Ore~on Fire Code with Ashland Amendments
Meeting Date:
Department:
Secondary Dept.:
Approval:
October 16, 2007
Fire
N
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Margueritte LR Hickman
hickmanmtalashland.or. us
Keith E. Woodley
20 minutes
Statement:
The 2007 Oregon Fire Code became effective in April 2007 after being adopted by the state of
Oregon. A code review cycle is completed every three years resulting in the development of a new
model code. The State of Oregon then adopts a modified version of the model code creating the
Oregon Fire Code. After each state adoption, a local adoption is necessary in order to maintain local
fire code amendments.
Staff Recommendation:
Adopt the 2007 Oregon Fire Code with Ashland Amendments.
Background:
There are six proposed changes to the Ashland amendments in this adoption. Four of these changes
are for clarification purposes and do not create a substantive change to the meaning of the code. The
following is a summary of the proposed Ashland Municipal Code changes from the current Oregon
Fire Code amendments:
Section 15.28.040 restricts the aboveground storage of flammable and combustible liquids. Class "I
and II liquids in above ground storage tanks" was added as clarification to the AMC. This
modification does not change the previous intent of the code.
Section 15.28.060 previously referenced a section of the Oregon Fire Code which is no longer adopted
by the state of Oregon. This amendment now points to the correct Oregon Fire Code and Oregon
Revised Statute related to explosives. There is no change to the previous intent of the code, and
explosives are still prohibited in the City of Ashland.
Section 15.28.070 "A" currently modifies the requirement ofa fire apparatus turnaround on dead ends.
During the adoption in 2005, the City Council directed staff to eliminate code provisions which are
less restrictive than the Oregon Fire Code. By deleting this amendment, the more restrictive
requirement of the Oregon Fire Code which requires a turnaround on dead ends greater than 150 feet
will be adopted. This amendment will be in conflict with the Land Use Code at the present time,
however a modification of the turnaround is proposed in the current amendment proposals being
reviewed. In the event that the Land Use Code amendment is not adopted, the Land Use Code will
supercede the Oregon Fire Code per ORS 368.039.
Page I of2
CC - Amendments To The 2007 Oregon Fire Code.doc
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CITY OF
ASHLAND
Section 15.28.070 "C" re-defines fireworks terminology to be consistent with the Oregon Revised
Statutes and Oregon Administrative Rules. There is no change to the previous intent of the code.
Section 15.28.070 "D" addresses the height of buildings which require accessibility with an aerial
ladder truck. In the previous adoption, the height was modified from 30 feet to 24 feet because of
current ladder capabilities of Ashland Fire & Rescue. This modifies the other two paragraphs in this
section of the code to match the previous code change.
Section 15.28.080 referenced an appeals board which is set up for building code appeals. Because the
Oregon Fire Code now has a process in place for appeals, it is appropriate to follow this appeals
process. This will require the recommendation of an appeals board by the fire code official and an
approval by the City Council.
Related City Policies: AMC 15.28
Council Options: Amend the Fire Code with amendments as provided.
Potential Motions: Move to amend the Fire Code as indicated in the attached ordinance.
Attachments:
AMC 15.28 with amendments
Ordinance to adopt the 2007 Oregon Fire Code
Page 2 of2
CC - Amendments To The 2007 Oregon Fire Code. doc
~~,
CHAPTER 15.28
FIRE PREVENTION CODE
SECTIONs:
15.28.010 Adoption Of Oregon Fire Code
15.28.020 Establishment of Duties.
15.28.030 Definitions.
15.28.040 Above-ground Storage of Flammable or Combustible Liquids
15.28.050 Storage of Liquefied Petroleum Gases - Restricted.
15.28.060 Storage of Explosives - Prohibited.
15.28.070 Amendments to the Oregon Fire Code
15.28.080 Appeals.
15.28.090 New Materials, Processes, or Occupancies - Permits required
15.28.100 Penalties.
15.28.110 Severability.
15.28.120 Firefighting Outside City - Authorized.
15.28.130 Firefighting Outside City - Resources.
15.28.140 Firefighting Outside City - Assessment.
15.28.150 Plan Review/Permits - Fees.
15.28.160 Code Compliance Inspection - Fees.
SECTION 15.28.010 Adoption Of Oregon Fire Code
The ;w()4 2007 Oregon Fire Code and appendices A through L & SR are hereby adopted, except where specifically
excluded or modified by this section. The ;w()4 2007 Oregon Fire Code and all adopted appendices, as excluded or
modified by this section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code. One copy of the
Oregon Fire Code and appendices shall be filed in the office of the City Recorder.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.020 Establishment of Duties.
The Oregon Fire Code shall be enforced by the Fire Code Official as defined by the Oregon Fire Code.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.030 Definitions.
A. Wherever the word "jurisdiction" is used in the Oregon Fire Code, it is the City of Ashland. Wherever the words
"Department of Fire Prevention" are used, they shall mean "Fire & Life Safety Division."
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01105/2006)
SECTION 15.28.040 Above-ground Storage of Flammable or Combustible Liquids
The limits referred to in Section 3404.2.9.5.1 of the Oregon Fire Code in which the storage of flammable or combustible
Class I and II liquids in above-ground tanks outside of buildings is restricted are established as follows: All City of
Ashland residential and historical district areas as defined in the Comprehensive Plan.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04118/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.050 Storage of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804.2 of the Oregon Fire Code, in which storage ofliquefied petroleum gas is restricted,
are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive
Plan are limited to the aggregate capacity of any_one installation shall not exceed a water capacity of 500 gallons. In
particular installations, this capacity limit shall be determined by the Fire Code Official, after consideration of special
features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed
containers, degree of fire protection to be provided and capabilities of the City of Ashland Fire & Life Safety Division.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.060 Storage of Explosives - Prohibited.
The limits referred to ia Cl1aj'lter 33111.2.3 ef the Gregea Fire Cede, ia wl1ieh stemge ef e"j'llesiv6s aad l3lastiRg agents is
prehibited, are estal3linhed as felley/s: .'.Il areas witftia City ef AshlaRd limits.
The scope referred to in Chapter 3301.1 of the Oregon Fire Code which references the Oregon Revised Statutes and
Oregon Administrative Rules related to explosives is amended as follows. The sale. manufacture. possession. transfer and
storage of explosives as defined bv ORS 480.200 (3) are prohibited in all areas within the City of Ashland limits.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
.'.. Seetiea 503.2.5 Dead Ends: Chaage 1511 feet ia leagtft te 2511 feet ia leHgtk
A. B, Section 506.1 Replace the second sentence as follows: The key box shall be of an approved type, installed
and maintained in accordance with manufacturers instructions, and shall contain keys to gain necessary access as
required by the fire code official.
B. Go Section 508.5. I & Exceptions; Delete, and replace with the following: The approved fire apparatus
operating area must be located within 300 feet from a hydrant, as measured by an approved route, along an
approved driving surface. With the installation of an approved automatic fire sprinkler system, hydrant distance
may be increased to 600 feet.
C.l* Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR
837-012-0675, tRe e"eepaDas listed ia tl1is s6.etiea, the sale of DOT elassiHeatiea UG (Clans C eemmea
Hre'.ver~(s) retail fireworks as defined in OAR 837-012-0610 is prohibited within the City of Ashland. The use of
eelHHlea Hrewerles retail fireworks within the City of Ashland is prohibited during any declared fire season except
when the sale of fireworks is permitted within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of
each year). (Ord 2871, 2001; Ord 2876, 2002)
D. E, Appendix 0105.1 Change first sentence as follows: Buildings or portions of buildings or facilities
exceeding 24 feet in height above the lowest level of fire department vehicles access shall be provided with
approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Appendix
DI 05.2 & 105.3 Change 30 feet to 24 feet.
(Ord. 2785,1996; Ord 2827, S3 1998) (Ord 2876, Amended, 09/04/2001; Ord 2871, Amended, 08/07/2001;Ord
2925, Amended, 2006; Ord 2932, Amendeq 2006)
(Ord 2932, Amended, 10/18/2006; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 292\, Amended, 01/05/2006; Ord 2876,
Amended, 09/04/2001; Ord 2871, Amended, 08/07/2001)
SECTION 15.28.080 Appeals.
Whenever the Ghtef Fire Code Official disapproves an application or refuses to grant a permit applied for, or when it is
claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Ghtef Fire Code Official to the
Ashland Fire Code Appeals Board as defined by Appendix A of the Oregon Fire Code within 30 days from the date of the
decision appealed.
(Ord 2925, Amended, 04/18/2006)
SECTION 15.28.090 New Materials, Processes, or Occupancies - Permits required
The Building Official, the Chief and the Fire Marshal shall act as a committee to determine and specify, after giving
affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required
in addition to those now enumerated in the Oregon Fire Code. The Building Official, in accordance with section 104.9 of
the Oregon Structural Specialty Code, shall record and enter in the files of the building department any action granting
approval of new or alternate materials.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/1812006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.100 Penalties.
A. Any person who violates any of the provisions of this chapter, the Oregon Fire Code as adopted in this chapter or who
shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed
statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by
the Ashland Appeals Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for
each and every such violation and noncompliance, respectively, be guilty of a violation punishable by a fine as set
forth in Ashland Municipal Code, Section 1.08.020. The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or
defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are
maintained shall constitute a separate offense.
B. The application ofthe above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord 2929, Amended, 08/18/2006; Ord 2925. Amended, 04118/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.110 Severability.
Should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted be declared for any
reason to be invalid, it is the intent of The City of Ashland that it would have passed all other portions of this ordinance
independent of the elimination here from of any such portion as may be declared invalid.
(Ord 2929, Amended, 08118/2006; Ord 2925, Amended, 04118/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.120 Firefighting Outside City - Authorized.
In accord with ORS 476.290, the Fire Chief or representative is authorized to extinguish uncontrolled fires that are found
to be burning in unprotected areas situated outside the boundaries of the City and that are causing or may cause an undue
jeopardy to life or property if, in the opinion of the Fire Chief or representative, such fire is causing or may cause an
undue jeopardy to life or property. (Ord. 1698 SI, 1971)
(Ord 2929, Amended, 08118/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.130 Firefighting Outside City - Resources.
In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative may employ the same means and
resources used by them to extinguish similar fires within the City.
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/1812006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.140 Firefighting Outside City - Assessment.
Whenever a fire is extinguished or attempted to be extinguished by the fire department outside the City of Ashland, the
owner of the property involved in such fire shall pay for the cost of providing such fire suppression service, as follows:
A. For the first hour or fraction thereof:
I. Pumper apparatus - $250.00/hour
2. Brush apparatus - $IOO.OO/hour
3. Rescue standby - $100. OO/hour
4. Staff vehicle - $ 50.00/hour
For each piece of apparatus per hour following the first hour, payment shall be on a fractional basis to the nearest 15
minutes.
B. Personnel cost shall be actual cost with a minimum charge of one hour for each person responding to the fire
emergency, plus all personnel costs in excess of
regular time for each person performing standby services in place of those who respond, to be billed on a
fractional basis to the nearest fifteen minutes after the first hour for any fractional portions of hours of service.
(Ord. 2711,1993)
(Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04118/2006; Ord 2921, Amended, 01/05/2006)
SECTION 15.28.150 Plan ReviewlPermits - Fees.
For application in this city, Oregon Fire Code plan review fees shall be established by resolution of the city council.
(Ord 2929, Amended, 08/18/2006; Ord 2921, Amended, 01/05/2006; Ord 2906, Added, 04/06/2004)
SECTION 15.28.160 Code Compliance Inspection - Fees.
The schedule for fire code compliance inspections shall be established by resolution of the city council.
(Ord 2929, Amended, 08/18/2006; Ord 2921, Amended, 01105/2006; Ord 2906, Added, 04/06/2004)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 15 OF THE ASHLAND
MUNICIPAL CODE ADOPTING THE 2007 OREGON FIRE CODE
WITH ASHLAND AMENDMENTS
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Annotated to show deletions and additions to the code sections being modified.
Deletions are lined through and additions are underlined.
SECTION 1. Section 15.28.010, of the Ashland Municipal Code is amended to read as
follows:
15.28.010 Adoption Of Oregon Fire Code
The 2004 2007 Oregon Fire Code and appendices A through l & SR are hereby
adopted, except where specifically excluded or modified by this section. The
2004 2007 Oregon Fire Code and all adopted appendices, as excluded or
modified by this section, will be referred to in the Ashland Municipal Code as the
Oregon Fire Code. One copy of the Oregon Fire Code and appendices shall be
filed in the office of the City Recorder.
SECTION 2. Section 15.28.040 of the Ashland Municipal Code is amended to read:
15.28.040 Above-ground Storage of Flammable or Combustible Liquids
The limits referred to in Section 3404.2.9.5.1 of the Oregon Fire Code in which
the storage of flammable or combustible Class I and IIliauids in above-around
tanks outside of buildinas is restricted are established as follows: All City of
Ashland residential and historical district areas as defined in the Comprehensive
Plan.
SECTION 3. Section 15.28.060 of the Ashland Municipal Code is amended to read as
follows:
15.28.060 Storage of Explosives - Prohibited.
The limits r-eferr-ed te in Chapter 3301.2.3 of the OFegon Fir-e Code, in '....hiGh
storage of explosives and blasting agents is prohibited, ar-e established as
follo',..'s: 1'.11 areas .....ithin City of Ashland limits.
The scope referred to in Chapter 3301.1 of the Oreaon Fire Code which
references the Oreaon Revised Statutes and Oreaon Administrative Rules
related to explosives is amended as follows. The sale. manufacture.
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adoption Ord.docadoption Ord
possession, transfer and storaae of explosives as defined bv ORS 480.200
(31 are prohibited in all areas within the City of Ashland limits.
SECTION 4. Section 15.28.070 of the Ashland Municipal Code is amended to read as
follows:
SECTION 15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. SeGtioR 503.2.5 DeaEl iRElS: ChaRge 150 feet iR leRgth to 250 feet iR
length.
A. 8. Section 506.1 Replace the second sentence as follows: The key box shall
be of an approved type, installed and maintained in accordance with
manufacturers instructions, and shall contain keys to gain necessary access as
required by the fire code official.
B. c.. Section 508.5.1 & Exceptions~ Delete; and replace with the following: The
approved fire apparatus operating area must be located within 300 feet from a
hydrant, as measured by an approved route, along an approved driving surface.
With the installation of an approved automatic fire sprinkler system, hydrant
distance may be increased to 600 feet.
C. g., Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and
OAR 837-012-0600 through OAR 837-012-0675, the eXGeptioRs IisteEl iR this
seGGtioR, the sale of DOT GlassifisatioR 1.4G (Class C GOmmOR fir-eworks)
retail fireworks as defined in OAR 837-012-0610 is prohibited within the City of
Ashland. The use of GOmmOR fire'.yorks retail fireworks within the City of
Ashland is prohibited during any declared fire season except when the sale of
fireworks is permitted within the State of Oregon pursuant to ORS 480.127 (June
23 to July 6 of each year).
D. Eo Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus
access roads capable of accommodating fire department aerial apparatus.
Appendix 0105.2 & 105.3 Chanae 30 feet to 24 feet.
SECTION 5. Section 15.28.080 of the Ashland Municipal Code is amended to read as
follows:
SECTION 15.28.080
Appeals.
Whenever the GI:tief Fire Code Official disapproves an application or refuses to
grant a permit applied for, or when it is claimed that the provisions of the code do
not apply or that the true intent and meaning of the code have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision
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Ord_doc
of the Chief Fire Code Official to the Ashland Fire Code Appeals Board as
defined bv Appendix A of the OreQon Fire Code within 30 days from the date
of the decision appealed.
SECTION 6. Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of
this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 7.. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-
lettered, provided however that Sections 6 thru 7, unincorporated Whereas
clauses and boilerplate provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of ,2007, and duly
PASSED and ADOPTED this day of ,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, Assistant City Attorney
PAGE 3 - OUTDOOR BURNING ORDINANCE C:IDOCUME-1\shipleldILOCALS-1ITemp\2007 Oregon Fire Code
adoption Ord.docadoption Ord
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Amendments to Land Use Ordinance
October 15, 2007 Primary Staff Contact:
Co m ity Development E-Mail:
Secondary Contact:
Estimated Time:
David Stalheim
stalheidlalashland.or. us
Bill Molnar or Adam Hanks
45 minutes
Statement:
This is an update to the Council regarding the status of the proposed amendments to the Ashland Land
Use Ordinance to address Siegel issues, procedure changes and other topics identified by staff and the
Planning Commission.
Staff Recommendation:
n/a
Background:
In 2005, two reports were commissioned to address concerns raised by the Council and community
regarding conflicting and unclear portions of the land use ordinance and the planning process. The
Community Development and Planning Division Operational and Organizational Review by Zucker
Systems was completed in February 2006. This Review focused on the planning process.
The other report, known as the Siegel Planning Report, was completed in April 2006. The Siegel
Report focused specifically on the Land Use Ordinance.
From June 2006 until February 2007 a subcommittee comprised of members of the Planning
Commission, a City Councilor and a member of the Planning Department staff reviewed the
recommendations of the Siegel Report. This subcommittee identified issues within the Land Use
Code that needed clarification and could be accomplished.
From January through June 2007, staff worked with the Planning Commission to review the planning
program in Ashland, including land use procedures. This review also included an analysis of Oregon
statutes and the application of procedures in Ashland. The Director provided the Planning
Commission with alternatives and recommendations on procedures.
On June 12,2007, the Ashland Planning Commission decided to move forward on proposed
amendments to the Ashland Land Use Ordinance regarding proposed procedural changes.
On July 24,2007, Community Development staff propose draft amendments to the Ashland Land Use
Ordinance that included both procedural changes and substantive amendments partially based on the
Siegel report. This draft was reviewed by the Ashland Planning Commission on July 31, 2007. The
Planning Commission scheduled a public hearing on the proposed amendments to the Ashland Land
Use Ordinance for September 11,2007.
The Planning Commission held a public hearing on September II th and October 4th. The Planning
Commission reconvened the committee to review the details of the ordinance. This committee will
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CITY OF
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make a decision on a recommendation about the ordinance to the Planning Commission on October 23,
2007.
The proposed amendments can be broken into two areas:
1. Amendments to address interpretation issues or minor policy issues in application of the code.
2. Changes to permit procedures.
Code Chanl!:es
The following are the main areas proposed for amendment in the code.
. Lot Coverage - amends definition to make clear what is exempt.
. Gross Floor Area - adds definition to implement code standards
. Site Design Standards - provides clarity to what triggers site design review.
. Maps - Re-adopts all land use maps into an electronic (GIS) mapping system.
. Setbacks and Yards - adds definition that provides for how to measure multi-story setbacks.
. North Mountain Zones -- Adopts standards for lot coverage or signs.
. Accessory Residential Units, Density and MPFA in Multi-Family Zones - Allows for the
same standards in the R-2 and R-3 zones as allowed in R-1.
. Residential Ground Floor in C-l and E-l zones - proposes standards to prohibit ground floor
residential.
. Tree Protection - requires more information and mitigation.
. Vision Clearance - changes standards to measure from curb lines rather than property.
. Nonconforming Uses and Structures - amends standards to provide clarity.
. Mechanical Equipment -- Provides standards and exemptions for mechanical equipment,
including solar panels.
. Temporary Storage - proposes standards for temporary storage containers.
. Permit Expiration - allows for just one extension for planning permits of 18 months, and this
extension can be approved ministerial by staff
Procedure Amendments
The changes can be grouped into the following functional areas:
· New Expedited Land Division procedures - new land division procedure required by ORS
for 3 or fewer parcels. No hearing can be held, but cannot be in historic district or on lands
considered as Physical and Environmental Constraints.
· Amended Type I Permit procedures - these are minor planning actions handled by staff and
not subject to public hearing. Amendments would add a notice of application procedure and
eliminates Planning Commission Hearings Board review of staff decisions, instead making the
staff decision final subject to appeal to the Planning Commission.
· Amended Type II Permit procedures - these are larger projects subject to hearings before
Planning Commission. Changes would amend the appeal procedures to City Council.
· Amended Type III Permit procedures - decisions of the Planning Commission on legislative
amendments, such as zoning and comprehensive plan map changes, would be
recommendations to the City Council, rather than final changes.
Related City Policies:
n/a
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CITY OF
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Council Options:
This is a study session to inform the Council as to the potential recommendations coming forth from
the Planning Commission. If the Council had concerns about anyone area, the Council could request
that the Planning Commission address that issue.
Potential Motions:
None requested.
Attachments:
The recommendations of the Planning Commission Land Use Ordinance committee will hopefully be
available for distribution at the work session.
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Scope of Amc:ndments
" Readability
. Interpretation ,or internal consistency in
. application of 'the code
Minor policy i~sues, usually in concert
with interpretation or consistency issues
, Permit procedures
L
4
Costs for Simple Hearing
(Recent case of 24 7 OtiS tl~al was called up 10 publi<.:: hearing)
Staff Time 11 hours $40/hour
Mailing
in 24 x14
TOTAL
$ 440.00
10.50
nts 4
$ 793.50
Noles: Actual costs exceed t~is amount because full staff costs are
higher than $40 per hour and copying charges are 20 cents
per page.
QRS woold limit the-amount charged for initial evidentiary
hearing to $250.
6
PROPOSED LAND USE CODE REVISIONS
Draft 3
October 12, 2007
(Proposed deletions are sfft:t€k through and proposed additions are underlined.)
TABLE OF CONTENTS
Section 1, Amend Chapter 18.08, DEFINITIONS ............................................................ 2
Section 2, Amend Chapter 18.12, DISTRICTS AND ZONING MAP. ....................................6
Section 3, Amend Chapter 18.14, W-R WOODLAND RESIDENTIAL DISTRICT..................... 6
Section 4, Amend Chapter 18.16, R-R RURAL RESIDENTIAL DISTRICT ............................. 7
Section 5, Amend Chapter 18.20, R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT ................7
Section 6, Amend Chapter 18.22, R-1-3.5 SUBURBAN RESIDENTIAL DISTRICT .................7
Section 7, Amend Chapter 18.24, R-2 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL
DISTRICT................................................................................................ 8
Section 8, Amend Chapter 18.28, R-3 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL
DISTRICT.............................................................................................. .10
Section 9, Amend Chapter 18.30, NM NORTH MOUNTAIN NEIGHBORHOOD .....................11
Section 10, Amend Chapter 18.32, C-1 RETAIL COMMERCIAL DISTRICT.......................... 13
Section 11, Amend Chapter 18.40, E-1 EMPLOYMENT DISTRICT..................................... 13
Section 12, Amend Chapter 18.52, M-1 INDUSTRIAL DISTRICT......................................14
Section 13, Amend Chapter 18.54, HC HEALTH CARE SERVICES ZONE............................14
Section 14, Amend Chapter 18.61, TREE PRESERVATION AND PROTECTION ....................14
Section 15, Amend Chapter 18.62, PHYSICAL AND ENVIRONMENTAL CONSTRAINTS ........16
Section 16, Amend Chapter 18.64, SO-SOUTHERN OREGON UNIVERSITY (SOU) DISTRICT
............................................................................................................18
Section 17, Amend Chapter 18.68, GENERAL REGULATIONS..........................................19
Section 18, Amend Chapter 18.72, SITE DESIGN REVIEW .............................................21
Section 19, Amend Chapter 18.76, PARTITIONS...........................................................27
Section 20, Amend Chapter 18.88, PERFORMANCE STANDARDS OPTIONS.......................28
Section 21, Amend Chapter 18.92, PARKING ...............................................................28
Section 22, Amend Chapter 18.96, SIGN REGULATIONS................................................29
Section 23, Amend Chapter 18.108, PROCEDURES .......................................................29
Section 24, Amend Chapter 18.112, ENFORCEMENT .....................................................45
October 12, 2007 Draft
- 1 -
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Section 1, Amend Chapter 18.08, DEFINITIONS
Amend Section 18.08.090. Boardinonroomina house
A dwelling ar part thereof, other than a hotel or motel, where lodging with or without meals
is provided, for compensation, for three (3) or more persons. for a minimum Deriod of thirtv
(30) davs.
Amend Section 18.08.160. Coveraae. lot or site
Total area of all 3tructurc3buildinas, parkina areas. pavce driveways, or other soiid surfaces
30il eisturbaAces that will not allow normal water infiltration to the ground. UD to five
Dercent (5%) of the iot area havina solid Dorous surfaces. such as paths. patios. decks. and
similar surfaces. Drovided thev allow water infiltration to the around. is exemDt from lot
coveraae reauirements. The coverage is expressed as a percentage of such area in relation
to the total gross area of the lot or site. Landscaping which does not negatively impact the
natural water retention and soil characteristics of the site shall not be deemed part of the lot
or site coverage.
Amend (Recodify) Section 18.08.380. Lot deDth
The horizontal distance from the midpoint of the rear of lot iine to the midDoint of the front
lot line.
Amend Section 18.08.485. Mechanical eauiDment
Equipment or devices installed for a use appurtenant to the primary use. Such equipment
shall include heating and air conditioning equipment, solar collectors, paraboliC antennas,
disc antenna, radio or TV receiving or transmitting antennas, and any power generating
devices. The followiA@ equiflmeAt or eeviees arc exempt:
A. I"'rivate, AOA commercial raeio aAe television aAtenAas not exeeeeing a hei(JAt of
sC'lenty (70) f-cet above (Jraee or tAirty (30) feet above an existin(J structure,
wAicheyu Aei@ht is @reater. Plo flart of SUCA antenAa sAall be witAiA the yards
requiree b't tAis CAaflter. A buileing flcrmit sAall be requiree f-or aA't aAtenna mast,
or tower oyer fin't (50) feet above (Jraee or tAirty (30) feet above an existing
strueturc wAeA tAe 3ame i3 construetee OA the roof of tAe structure.
B. I"'arabolic aAteAAas uAeer tAree (3) feet in eiameter.
Amend Section 18.05.530. Parkina SDace
A SDace desianed and desianated to Drovide Darkina for a motor vehicle. See ChaDter 18.92
for Darkina standards. A rcctan(J1c not less tAan ci@Ateen (18) fect long and AiAC (9) f-cet
wiee to(JCtAE:F witA access and maneu'/erin@ space sufficieAt to flumit a 3taneard
automobile to be parked witAin tAC reetan(Jle '",ithout tAe neecssity of moving other
veAicles, saie rectangle to be locatee off of the street rigAt of .....ay.
Amend Section 18.08.595. Plannina apDlication: plannina action.
A Dlannina aDpiication is an aDDiication. other than an aDDlication for iealslative
amendment. fiied Dursuant to the reauirements of this ordinance. A plannina action is 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.
Au'::!u;:)l 25, 2007 Draft
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Ashland land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Amend Section 18,08.650. Setback
The horizontal perpendicular distance from a lot line to the closest Dart of a building or
structure that is subiect to a setback or vard reauirement. Architectural orojections mav
intrude Into reauired setbacks as set forth in Section 18.68.040. When multi-story setbacks
are specified. the setback for a stOry above the around floor is measured horizontallv from
the lot line to the Diane of the nearest wall of the uDDer storv. Thc di3taFlEc ect....ccFl thc
cCFltcr liFlc of a 3trcct aFld tAC 3f'lccial ea3c liFlc 3cteack freffi '.NhicA yara ffica3urCfficFlt3 arc
madc, mca3urcd AorizoAtally aFla at rigAt aFlglc3 froffi 3aid CCFltcr liFlc.
Amend Section 18.08.740. StOry
That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the top story shall be that portion of a building
included between the upper surface of the top floor and the ceiling above. If the finished
floor level directly above a basement or cellar is more than six (6) feet above grade for
more than fiftv percent (50%) of the perimeter of the building, the basement or cellar shall
be considered a story. If the wall face of the uDDer most floor at the rear or side vard
setback line is more than three (3) feet above the floor level below. the uDDer floor shall be
considered a story for ourposes of setbacks. Unenclosed decks. oorches. balconies and
similar features are not considered stories.
Amend Section 18.08.750. Structure or building
That which is built or constructed; an edifice or building of any kind or any piece of work
artificially built up or composed of parts joined together in some definite manner and which
requires location on, in, or above the ground or which is attached to something having a
location on, in or above the ground. Structures cigAtccFI thirty (30) f!B7-inches in height or
less. including entrv stairs. uncovered oorches. oatios and similar structures. are exempt
from the side and rear yard setback requirements and from half (1/2) the yard
requirements for the front yard and side yard abutting a public street.
Amend Section 18.08.795. Traveler's Accommodations
Any establishment in a residential zone having rooms or dwellings rented or kept for rent to
travelers or transients for a charge or fee paid or to be paid for rental or use of such
facilities for a period of less than thirty (30) days.
Amend Section 18.08.830. Yard
An open space on a lot which is unobstructed by a structure from thc greuFld uf'lward.
ADD the following definitions:
Accessory residential unit
A second dwellino unit either attached to a single familv dwellino or located on the same lot
with a single family dwellino and having an indeoendent means of access.
Basement
That oortion of a buildino with a floor-to-ceiling heioht of not less than 6.5 feet and where
fiftv oercent (50%) or more of its oerimeter walls are less than six (6) feet above natural
arade and does not exceed twelve (12) feet above finish orade at anv ooint.
Basement. davliaht
A basement where the building is situated on a slope and a oerimeter wall more than
twentv (20) feet in lenoth is 6.5 feet or more above orade.
At:I~tJJt 28,-2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Floor area, gross habitable
The total area of all floors in a dwellino measured to its outside surfaces that are under the
horizontal orojection of the roof or floor above with at least 7' of head room. excluding
uninhabitabie spaces accessed solelv bv an exterior door.
Floor area, gross
The total area of all floors in a building measured to the outside surfaces that are under the
horizontal oroiection of the roof or floor above.
Ground Floor
The first floor of a buildino other than a cellar or basement.
Historic District
A district identified as historicallv sionificant under the City of Ashland Comorehensive Plan
and its implementino reoulations le.o. overlav zones).
Porch, enclosed/unenclosed
Covered oorches. exterior balconies. or other similar areas attached to a buildino and
having dimensions of not less than six (6) feet in deoth bv eioht (8) feet in length.
"Enclosed" means the Dorch contains wallrs) that are more than fortv-two (42) inches in
heioht measured from finished floor level. for fiftv oercent r50%) or more of the Dorch
oerimeter. "Unenclosed" means the Dorch contains no such walls. but it mav be covered.
Porous Solid Surface
Porous solid surface is a oermeable surface built with an underlyino stone reservoir that
temoorarily stores surface runoff before it infiltrates into the subsoil. Porous solid surfaces
include pervious asohalt. oervious concrete. orass or oermeable oavers. or decks that allow
runoff to infiltrate the subsoil beneath the deck.
Reconstruct
To re-create or re-assemble a structure or buildino with a new or reolacement structure that
re-creates or reoroduces its form. shape and location as originallv built.
Setback, Special
The distance between the center line of a street and the soecial base line setback from
which vard measurements are made. measured horizontallv and at rioht anoles from said
center line.
Auyu.l ~ 2007 Draft
- 4-
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Story, half
A half story is either a daylioht basement or a space under a slopin9 roof that has the line of
intersection of the roof and exterior wall face not more than three (3) feet aboye the floor
leyel below and in which space the floor area with head room of fiye (5) feet or more
occupies no more than fifty percent (50%) of the total floor area of the story directly
beneath.
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-~
~~......~ ...-... . eo"
Slooina Roof Half StorY. If Floor Area "A" is no
more than 50% of Floor Area "6" - then "A" is a
half story. If the wall face is more than three (3)
feet above the floor level below at the rear or
side yard setback line. then it shall be considered
a full story for Durooses of setback
measurements.
Ab"u,l 26, 2007 Draft
- 5 -
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Section 2, Amend Chapter 18.12, DISTRICTS AND ZONING MAP.
Amend Section 18.12.020. Classification of districts
For the purpose of this Title, the City is divided into zoning districts designated as follows:
Zoning Districts and Overiays
Map Symbol and
Abbreviated Desig nation
Airport Overlay
Residential - Rural
Residential - Single Family
Residential - Low Density Multiple Family
Residential - High Density Multiple Family
Commercial
Commercial - Downtown
Employment
Industrial
Woodland Residential
SOli - Southern Oregon Statc CellcgcUniversity
Performance Standards (P} - Overlay
Desion Review Overlay
Health Care Services Zone
North Mountain Neiohborhood
Residential Overlav
Freewav Sign Overlav
A
RR
R-1
R-2
R-3
C-1
C-1-D
E-1
M-1
WR
SOli
P
DSR
HC
NM
Amend Section 18.12.030. Zonino and Land Use Control Maos
A. The location and boundaries of the zonino districts designated in Section 18.12.020,
ohvsical and environmental constraints desionated in Section 18.62.060. Site Desion
zones desionated in Chaoter 18,72 are established as shown on the map entitled
"Zoning and Land Use Control Map~ of the City of Ashland," dated with the effective date
of the ordinance codified herein, and signed by the Mayor and City Recorder and
I hereafter referred to as the ""Zoning and Land Use Control ffiMap~."
B. The signed copy of said Zroning and Land Use Controi ffiMap~ shall be maintained on file
in the office of the City Recorder and is made a part of this Title.
Section 3, Amend Chapter 18.14, W-R WOODLAND RESIDENTIAL DISTRICT
Amend Section 18.14.030. W-R. add the followino Conditional Uses
H. ,^,n'f reffieval ef three (3) er mere Ilvin!:! trees ef e,ocr six (6) incRes in diaffietcr from any
tax iet during anyone (1) ealcndar ycar, or any forffi ef eOffiffiereiai le!:!!:!in!:!. SueR use
shall BC flermittcd only when, in aaaitien to tRe Cenaitional Use rerffiit finain!:!s, the
fOlle'",;ng fjndin!:!s have been determinea:
1. Transflortatien to and from tAe site can be accomfllisRed saf-ely and witheut
disturbanec to residents,
2, That aaequate pre';isions have Been made fer erosion eontrel.
3, TRat aaequate provisiens Ravc Been ffiaae fer rcf-erestation.
4. TRat aflproval has been eBtained froffi ail aflproflriate County, State ana Fcaeral
agencies,
Auyu.l ZS, 2007 Draft
- 6 -
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
S. TRat tRuc i3 no probablc aan!:!u of wilafirc.
6. TRat thcrc i3 aacEjuatc 3urCt'f bona in!:! I9roviaca to tRC City to cn3urc tRat any
rCEjuirca rcferc3tation ana cr03!on control will bc accoA'll9li5Rca.
!:L. Disc antenna for commercial use.
r. Nonconformina use or structure chanoes re~uired by Section 18.68.090.
J. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and authorized
Dursuant to Section 18.72.180.
Section 4, Amend Chapter 18.16, R-R RURAL RESIDENTIAL DISTRICT
Amend Section 18.16.030. R-R. add the followino Conditional Uses
K,. Disc antenna for commercial use.
L. Nonconforming use or structure changes re~uired by Section 18.68.090.
M. Temoorary uses.
N. Wireless Communication Facilities when attached to existing structures and authorized
oursuant to Section 18.72.180.
Amend Section 18.16.040. R-R. General Reaulations
F. Minimum side yard: There shall be a minimum side yard of ftve-six (25) feet, except ten
(10) feet along the side yard facing the street on a corner lot.
G. Minimum rear yard: There shall be a minimum rear yard of ten (10) feet olus ten (10)
feet for each story in excess of one (1) story.
Section 5, Amend Chapter 18.20, R-l SINGLE-FAMILY RESIDENTIAL
DISTRICT
Amend Section 18.20.030. R-l. Conditional Uses
1. Disc antenna for commercial use.
K. Dwellings in the Historic District exceedinG the maximum oermitted floor area oursuant
to Section 18.20.040.
L. Nonconformino use or structure chanoes required by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existino structures and authorized
oursuant to Section 18.72.180.
Section 6, Amend Chapter 18.22, R-1-3.5 SUBURBAN RESIDENTIAL
DISTRICT
Amend Section 18.22.030. R-1-3.S. Conditional Uses
!:L. Disc antenna for commercial use.
r. Nonconforming use or structure chanoes re~uired by Section 18.68.090.
J. Temoorary uses.
K. Wireless Communication Facilities when attached to existing structures and authorized
oursuant to Section 18.72.180.
~U>( L6, 2007 Draft
- 7 -
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Amend Section 18.22.040. R-1-3.5. General Reaulations
A. Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square feet,
for the fir3t BwclliFl(j uFlit aFlB except that a lot three thousand five hundred (3,500)
square feet or laraer mav be created for cacl9 aBditioFlal when the lot wftft-contains an
existing single-family residence which meets-eA--it7 botl9 tl9c exi3tiFlg aFlB Flew 3tructurc3
mU3t mect the setback, density, and lot coverage aFlB lot 3izc requirements, aFlB eritcria
of Chaptcr 18.76,tlge t1inor LaFld PartitioFl SectioFl of the OrdinaFlee, just a3 if eael9
structure .....ould be located OFl it3 OWFI lot, regardlC33 of 'Nhetlger a ncw parcel i3 being
created or not. In tlge AshlaFld llistoric District, all residcFltial structures sl9all also bc
sub-jcct to tlgesc re(juirements. Variances under this Section are subject to Type I
procedures.
Section 7, Amend Chapter 18.24, R-2 LOW DENSITY MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Amend Section 18.24.030. R-2. Conditional Uses
J. Retail commercial uses located in a dwelling unit, within the Railroad Historic District as
identificd by the Ashland Historic Commission and approved by the City Council. Such
business shall be no greater than six hundred (600) sq. ft. in total area, including all
storage and accessory uses, and shall be operated only by the occupant of the dwelling
unit uses, and the equivalent of one (1) half ('12) time employee (up to twenty-five (25)
hours per week). Such use shall be designed to serve primarily pedestrian traffic, and
shall be located on a street having a fully improved sidewalk on at least the side
occupied by the business. The street shall be a fully improved street of residential City
standards or greater.
K. Traveler's accommodations, subject to the following:
6. Transfer of business-ownership of a traveler's accommodation shall be subject
to all requirements of this section, and subjcct to Conditional U3e Permit
approval and conformance with the criteria of this section. All traveler's
accommodations receiving their initial approvals prior to the effective date of
this ordinance shall be considered as approved, conforming uses, with all
previous approvals, conditions and requirements remaining in effect upon
change of business-ownership. Any further modifications beyond the existing
approvals shall be in conformance with all requirements of this section.
L. Hostels, provided tl9at thc facility be subject to an annual Type I revicw f-er at least tlge
first tl9rce (3) years, after wl9ich time tlge Planning Commission may approve, under a
Type II procedure, a permanent permit for tlge f-aeility.
M. Disc antenna for commercial use.
N. Nonconformina use or structure chanaes reauired bv Section 18.68.090.
O. New structures and additions to existina structures within a desianated Historic District
which exceeds the Maximum Permitted Floor Area (MPFA). subiect to the aeneral
regulations set forth in Section 18.24.040.
P. Temoorary uses.
O. Wireless Communication Facilities when attached to existing structures and authorized
pursuant to Section 18.72.180.
AU,=,U:'L Lts,'2007 Draft
- 8 -
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Amend Section 18.24.040. R-2. General Reaulations
A. Permitted Density and Minimum Lot Dimensions.
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, shall not exceed the density
established by this section. The density shall be computed by dividing the total
number of dwelling units by the acreage of the project, including land dedicated to
the public. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to the
followina standards and exceotions:
a. An accessorv residential unit is not reauired to meet densitv or minimum lot area
reauirements. Drovided the unit is not areater than fiftv oercent (50%) of the
aross habitable floor area of the sinale family residence on the lot and does not
exceed 500 square feet of aross habitable floor area.
LAewcvcr, u!.!nits. not considered as an accessory residential unit and ef-Iess than
500 square feet of gross habitable area shall count as 0.75 units for the purposes
of density calculations, witA tAC fellewiAg rcstrictieAs.
~a. Minimum lot area for less than 2 units uAit 1 shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'.
gb. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50'
and a minimum depth of 80'.
ge. Developments of 3 units or greater shall have minimum lot area in excess of
9000 sq. ft. aml-exceRt as determined by the base density and allowable bonus
point calculations, and shall have a minimum width of 50' and a minimum depth
of 80'.
I. Maximum Permitted Floor Area for single family dwellings on Individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within l'fte-an Historic District shall be determined by
the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within the
structure with at least 7' of head room and attached garages. The floor area shall
not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a minimum of
6', except that unenclosed breezeways or similar open structures may connect the
structures.
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and new
residential construction in Performance Standards ODtions land divisions
created within the-iULHistoric District. The MPFA for ffiultiplc elwelliAgs eA a siAgle
let ...itAiA tAC tlisteric District shall be determined by the following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
priffiary dwelling units measured to the outside surfaces of the buildingli}, including
but not limited to exterior walls, potential living spaces within the structure with at
least 7' of head room and attached garages. The floor area shall not include
basements, detached garages, detached accessory structures, or detached accessory
residential units. Detached garages, accessory structures, or accessory residential
units shall be separated from other structures by a minimum of 6', except that
unenclosed breezeways or similar open structures may connect the structures.
-AUYU~l 2.8, 2007 Draft
- 9-
Ashland Land Use Ordinance, Proposed Draft Amendments October 12, 2007
Section 8, Amend Chapter 18.28, R-3 HIGH DENSITY MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Amend Section 18.28.030. R-3. Conditional Uses
J. Travelers accommodations, subject to the following:
6. Transfer of business-ownership of a travelers accommodation shall be subject to all
requirements of this section, anG subject to ConGitional Use I'ermit a~~ro';fal and
conformance with the criteria of this section. All travelers's accommodations
receiving their initial approvals prior to the effective date of this ordinance shall be
considered as approved, conforming uses, with all previous approvals, conditions and
requirements remaining in effect upon change of business-ownership. Any further
modifications beyond the existing approvals shall be in conformance with all
requirements of this section.
L. Hostels, providcd that tl9c faCility be subject to an annual Ty~e I review f-or at least tlge
first tl9ree (3) "fears, after whiel9 time the I'lannin~ Commission may ap~reve, unGer a
TYf'le II proeeGure, a f'lermanent permit far tlge facility.
M. Disc antenna for commercial use.
N. Enlargement. extension. reconstruction. substitution. structural alteration or reactivation
of nonconforminq uses and structures pursuant to Section 18.68.090.
O. New structures and additions to existino structures within a designated Historic District
which exceeds the Maximum Permitted Floor Area (MPFA1. subiect to the general
requlations set forth in Section 18.28.040.
P. Temoorarv uses.
O. Wireless Communication Facilities when attached to existing structures and authorized
oursuant to Section 18.72.180.
Amend Section 18.28.040. R-3. General Reaulations
A. Permitted Density and Minimum Lot Dimensions
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, shall not exceed the density
established by this section. The density shall be computed by dividing the total
number of dwelling units by the acreage of the project, including land dedicated to
the public. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the
followina standards and exceotions:
a. An accessorv residential unit is not required to meet densitv or minimum lot area
requirements orovided the unit is not qreater than fiftv percent (50% 1 of the
qross habitable floor area of the sinqle family residence on the lot and does not
exceed 500 square feet of qross habitable floor area.
b. however, uUnits. not considered as an accessorv residential unit and ef-Iess than
500 square feet of gross habitable area shall count as 0.75 units for the purposes
of density calculations, with tlge f-ollo',,'in!j restrictions.
~a. Minimum lot area for less than two (2) unit~ -l-shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'
db. Minimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of 50'
and a minimum depth of 80'.
ge. Developments of 3 units or greater shall have minimum lot area in excess of
8000 sq. ft. afld-exceot as determined by the base density and allowable bonus
point calculations, and shall have a minimum width of 50' and a minimum
depth of 80'. .
AI<~u.l 28, 2007 Draft
- 10-
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
I. Maximum Permitted Floor Area for single family dwellings on individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within tl'le-an Historic District shall be determined by
the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within the
structure with at least 7' of head room and attached garages. The floor area shall
not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a minimum of
6', except that unenclosed breezeways or similar open structures may connect the
structures.
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and new
residential construction in Performance Standards ODtions land divisions
created within Nte-i!..D...Hlstoric District. The MPFA f-er ffiultiple fl'.\'c1liRgs eR a siRgle
let withiR the Ilistoric District shall be determined by the following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
priffiary dwelling units measured to the outside surfaces of the bUildingW, including
but not limited to exterior walls, potential living spaces within the structure with at
least 7' of head room and attached garages. The floor area shall not include
basements, detached garages, detached accessory structures, or detached accessory
residential units. Detached garages, accessory structures, or accessory residential
units shall be separated from other structures by a minimum of 6', except that
unenclosed breezeways or similar open structures may connect the structures.
Section 9, Amend Chapter 18.30, NM NORTH MOUNTAIN NEIGHBORHOOD
Amend Section 18.30.020. NM General Reaulations
A. Conformance with North Mountain Neighborhood Plan.
Land uses, streets, alleys and pedestrian/bicycle access ways shall be located in
accordance with those shown on the North Mountain Neighborhood Plan adopted by
Ordinance No. 2800.
2.d. The proposed modification is necessary to adjust to physical constraints evident
on the property, or to protect significant natural features such as trees, rock
outcroppings, wetlands, ete=or similar natural features, or to adjust to existing
property lines between project boundaries.
E. Density Transfer. Density transfer within a project from one overlay to another may be
approved if it can be shown that the proposed density transfer furthers the design and
access concepts advocated by the neighborhood plan, and provides for a varietv of
residential unit sizes. tv pes and architectural stvles.a divcrsit'{ iR size aRd style ef
heusiRg types.
Amend Section 18.30.030. NM-C Neiahborhood Central Overlav
G. Lot CoveraGe: Maximum lot coveraae shall be seventv-five (75) percent.
Abyu,l 28, 2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Amend Section 18.30.040. NM-MF Neiohborhood Core Overlay
C. 1. Front Yards. Front yard setbacks s5hall be a minimum of ten (10} feet and a
maximum of twentv-five 125} feet, excluding garages. Front yards may be reduced
to five IS} feet for unenclosed porches with a minimum depth of six illJeet and a
minimum width of eiaht (8) feet. Garages shall be setback a minimum of fifteen (15}
feet from the front building facade and twentv 120} feet from the sidewalk. No
greater than 50 percent 150%) of the total lineal building facade facing the street
shall consist of garage, carport or other covered parking space.
2. Side Yards,--. Side vard setbacks shall be a minimum of fFive ill-feet j3ef-for the
first story, excluding half-stories and upper floor dormer space. five IS) feet for each
additional storv. and.,-'f ten U.Q1Jeet when abutting a public street. Single story,
detached garages and accessory structures shall have a minimum three illJoot side
yard, except that no side yard is required for accessory buildings sharing a common
wall.
Amend Section 18.30.050. NM-R-1-5 Neiahborhood General Overlay
C. 1. Front Yards. Front vard setbacks s5hall be a minimum of ten (10} feet and a
maximum of twenty-five (25} feet, excluding garages. Front yards may be reduced
to five IS} feet for unenclosed porches with a minimum depth of six L2l.feet and a
minimum width of eiaht (8) feet. Garages shall be setback a minimum of fifteen (15}
feet from the front building facade and twentv 120} feet from the sidewalk. No
greater than 50 percent (50%) of the total lineal building facade facing the street
shall consist of garage, carport or other covered parking space.
2. Side Yards,--, Side yard setbacks shall be a minimum of fFive ill-feet j3ef-for the
first story, excluding half-stories and upper floor dormer space. five 15) feet for each
additional story. and.,-'f ten U.Qlfeet when abutting a public street. Single story,
detached garages and accessory structures shall have a minimum three illfoot side
yard, except that no side yard is required for accessory buildings sharing a common
wall.
F. Lot Coveraae: Maximum lot coveraae shall be fiftv percent 150%),
Amend Section 18.30.060. NM-R-1-7.5 Neiahborhood Edae Overlay
C. 1. Front Yards. Front vard setbacks s5hall be a minimum of ten (10} feet and a
maximum of twenty-five (25} feet, excluding garages. Front yards may be reduced
to five IS} feet for unenclosed porches with a minimum depth of six L2l.feet and a
minimum width of eight (8) feet. Garages shall be setback a minimum of fifteen 115}
feet from the front building facade and twentv 120} feet from the sidewalk. No
greater than 50 percent 150%) of the total lineal building facade facing the street
shall consist of garage, carport or other covered parking space.
2. Side Yards,--. Side vard setbacks shall be a minimum of fFive ill-feet j3ef-for the
first story, excluding half-stories and upper floor dormer space. five IS) feet for each
additional storv. and.,-'f ten U.Qlfeet when abutting a public street. Single story,
detached garages and accessory structures shall have a minimum three illfoot side
yard, except that no side yard is required for accessory buildings sharing a common
wall.
I G. Lot Coveraae: Maximum lot coveraae shall be fortv-five percent 145%),
At:I~u~l 28, 2007 Draft
- 12 -
Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Section 10, Amend Chapter 18.32, C-l RETAIL COMMERCIAL DISTRICT
Amend Section 18.32.025. C-l Soecial Permitted Uses
2. Residential densities shall not exceed 30 dwelling units per acre in the C-l District,
and 60 dwelling units per acre in the C-I-D District. For the ouroose of density
calculations. units of less than 500 souare feet of oross habitable floor area shall
count as 0.75 of a unit.
E. Drive-up uses as defined and regulated as follows:
1. Drive-up uses may be approved in the C-l District only. and onlv in the area east of
a line drawn oeroendicular to Ashland Street at the intersection of Ashland Street
and Siskivou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan.
3. Drive up uses ffiay only Be allowed in the C 1 districts cast of a line drawn
pcrl'lendicular to Ashland ~treet, at the intersection of Ashland ~treet and ~iskiyou
Boulevard.
4;1. Drive-up uses are subject to the following criteria:
Amend Section 18.32.030. C-l Conditional Uses
J. Wireless Communication Facilities not oermitted outright and authorized oursuant to
Section 18.72.180.
K. Structures which are oreater than forty (401 feet in heioht. but less than fifty-five (551
feet. in the "D" Downtown Overlav District.
Section 11, Amend Chapter 18.40, E-l EMPLOYMENT DISTRICT
Amend Section 18.40.020. E-l Permitted Uses
O. Wireless Communication Facilities permitted outright pursuant to Section 18.72.180.
Amend Section 18.40.030. E-l Soecial Permitted Uses
E. Residential uses.
2. Residential densities shall not exceed 15 dwelling units per acre. For the ouroose of
densitv calculations. units of less than 500 souare feet of oross habitable floor area
shall count as 0.75 of a unit.
Amend Section 18.40.040. E-l Conditional Uses
O. Temoorarv uses.
P. Wireless Communication Facilities not oermitted outrioht and authorized oursuant to
Section 18.72.180.
A"~""t 28,- 2007 Draft
- 13-
Ashland land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Section 12, Amend Chapter 18.52, M-l INDUSTRIAL DISTRICT
Amend Section 18.52.030. M-1 Conditional Uses
E. Temporarv uses.
P. Wireless Communication Facilities not Dermitted outricht and authorized Dursuant to
Section 18.72.180.
Section 13, Amend Chapter 18.54, HC HEALTH CARE SERVICES ZONE
Amend Section 18.54.030. HC Conditional Uses
E. Wireless Communication Facilities authorized pursuant to Section 18.72.180.
Section 14, Amend Chapter 18.61, TREE PRESERVATION AND PROTECTION
Amend Section 18.61.020. Definitions
A. Arborist means a person licensed by the State of Orecon State LandscaDe Contractors
Board or Construction Contractors Board who has fAct tAe criteria f-or ~certifi~eatieft
as an arborist from the International Society of Arboriculture or American Society of
Consulting Arborists, aRa fAaiRtains Ais or AU accreditation or a landscape architect
licensed bv the State of Orecon.
D. Diameter at breast height or DBH means the diameter of the tftiftktrunk, at its maximum
cross section, measured 54 inches (4 1/2 feet) above fAean ground level at the base of
the trunk. On sloped lands. the measurement shall be taken on the uDhill side of tree.
Amend Section 18.61.035. ExemDt Tree Removal Activities
The following activities are exempt from the requirement for tree removal permits:
E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon
University, and other public land,-;-bttt excluding Heritage trees ana street trecs witAin
tAe pl:JBlic rigAt of wa).
1. Removal of street trees within the Dublic richt-of-way subiect to street tree removal
permits in AMC 13.16.
Amend Section 18.61.042. ADDroval and Permit Recuired
B. TREE REMOVAL - VERIFICATION PERMIT:
2. Verification permits shall be required prior to the issuance of an excavation Dermit or
building permit and Drior to anv site disturbance and/or storace of materials on fef
the subject property.
I D.
TREE REMOVAL - STAFF PERMIT:
1. Tree Removal-Staff Permits are required for the following activities:
a. Removal of trees greater than 6" DBH on any private lands zoned C-I, E-I, M-I, or
HC.
<AbI~b.!.l 28, 2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
b. Removal of trees greater than 6" DBH on multi-family residentially zoned lots (R-
2, R-3, and R-1-3.5) not occupied solely by a single family detached dwelling.
c. Removal of significant trees on vacant property zoned for residential purposes
including but not limited to R-I, RR, WR, and NM zones.
d. Removal of significant trees on lands zoned SOU, on lands under the control of
the Ashland School District, or on lands under the control of the City of Ashland.
2. Applications for Tree Removal - 5ta#-Permits shall be reviewed and approved by the
Staff Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.03~0 (Neticc
Requircffient3Tvoe I Procedure). If the tree removal is part of another planning action
involving development activities, the tree removal application, if timely filed, shall be
processed concurrently with the other planning action.
Amend Section 18.61.050. Piafls-Submittal Reauirementse
.
A. An application for all Tree Removal and Tree Topping Permits shall Be ffiaae Ul'len f-eFffi3
I'lre3eriBea B.t the City. The al'll'llieatien fer a Tree Reffieval Perffiit3 include:
a. Plans drawn to scale sflall-containillg-c
tr.-Hhe number, size, species and location of the trees proposed to be removed or
topped on a site plan of the property.
b. The anticipated date of removal or topping.
c. A statement of the reason for removal or topping.
d. Information concerning proposed landscaping or planting of new trees to replace the
trees to be removed, and
e. Evidence that the trees proposed for removal or toppillgee have been clearly
identified on the property for visual inspection.
f. A Tree Protection Plan that includes trees located on the subiect site that are not
prooosed for removal. and anv off-site trees where drio lines extend into prooosed
landscaoed areas on the subiect site. Such clans shall conform to the orotection
requirements under Section 18.61.200.
~Any other information reasonably required by the City.
Amend Section 18.61.080. Criteria for Issuance of Tree Removal Staff Permit
An applicant for a Tree Removal Staff .Permit shall demonstrate that the following criteria
are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria
for a permit.
B. 1. The tree is proposed for removal in order to permit the application to be consistent
with other applicable Ashland Land Use Ordinance requirements and standards"
includina but not limited to . (e.g. ether al'lpiieaBle Site Design and Use Standards
and Phvsical and Environmental Constraints]. The Staff Advisor may require the
building footprint of the development to be staked to allow for accurate verification
of the permit application; and
Amend Section 18.61.084. Mitiaation Reauired
An applicant f'fli'ly-shall be required to provide mitigation for any tree approved for removal.
The mitigation requirement shall be satisfied by one or more of the following:
A. Replanting on site. The applicant shall plant either a minimum 1 V2-inch caliper healthy
and well-branched deCiduous tree or a 5-6 foot tall evergreen tree for each tree
removed. The replanted tree shall be of a species that will eventually equal or exceed
the removed tree in size if appropriate for the new location. LarDer trees mav be
.6.t'g"d :zo, "007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
reauired where the mitiaation is intended. in oart. to reolace a visual screen between
land uses. "Suitable" soecies means the tree's arowth habits and environmental
reauirements are conducive to the site. aiven the existina toooaraohy. soils. other
vegetation. exoosure to wind and sun. nearby structures. overhead wires. etc. The tree
shall be planted and maintained according to the specifications in the City Tree Planting
and Maintenance Guidelines as approved by the City Council.
D. An aporoved mitigation olan shall be fullv imolemented within one year of a tree being
removed unless otherwise set forth in a tree removal aoplication and aporoved in the
tree removal oermit.
Amend Section 18.61.092. Exoiration of Tree Removal Permits
Tree removal permits shall remain valid for a period of 180 daysone vear from the date af
issuance or date of final decision by a hearing body, if applicable. A 30 day extension shall
be automatically granted by the Staff Advisor if requested in writing before the expiration of
the permit. Permits that have lapsed are void. Trees removed after a tree removal permit
has expired shall be considered a violation of this Chapter.
Section 15, Amend Chapter 18.62, PHYSICAL AND ENVIRONMENTAL
CONSTRAINTS
Amend Section 18.62.040. Aooroval and Permit Reauired
H. Plans Required. The following plans shall be required for any development requiring a
Physical Constraints Review:
1. The plans shall contain the following:
a. Project name.
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the
largest scale that fits on 22" x 34" paper. Multiple plans or layers shall be
prepared at the same scale, excluding detail drawings. The Staff Advisor mav
authorize different scales and alan sheet sizes for oroiects. orovided the plans
oravide sufficient information to clearly identify and evaluate the aoolication
reauest.
Amend Section 18.62.050. Land Classifications
The following factors shall be used to determine the classifications of various lands and their
constraints to building and development on them:
A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The
following lands are classified as Flood plain Corridor lands:
1. All land contained within the 100 year Flood plain as defined by the Federal
EFACFgCAC'f t1aAagCFACAt AgcAcyFlood Insurance Proaram, and in maps adopted
by Chapter 15.10 of the Ashland Municipal Code.
Amend Section 18.62.070. Develooment Standards for Flood olain Corridor Lands
For all land use actions which could result in development of the Flood plain Corridor, the
following is required in addition to any requirements of Chapter 15.10:
A. Standards for fill in Flood plain Corridor lands:
1. Fill shall be designed as required by the UAiferFA Internationai Building Code and
International Residential Code, Ct1al'ltcr 70, where applicable.
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G. New non-residential uses may be located on that portion of Flood plain Corridor lands
that equal to or above the flood elevations on the official maps adopted in section
18.62.060. Second story construction may be cantilevered or suooorted by pillars that
will have minimal imoact on the flow of floodwaters -over the Flood plain corridor for a
distance of 20 feet if it does not imoact rioarian vegetation. and the clearance from
finished grade is at least ten feet in height, and is sUflpertcd BY J3illars tl1at will have
minimal impact on the flow of floodwaters. The finished floor elevation may not be more
than two feet below the flood corridor elevations.
Amend Section 18.62.080. Develooment Standards for Hillside Lands
B. Hillside Grading and Erosion Control. All development on lands classified as hillside shall
provide plans conforming with the following items:
1. All grading, retaining wall design, drainage, and erosion control plans for
development on Hillside Lands shall be designed by a geotechnical expert. All cuts,
grading or fills shall conform to Cl1aJ3tcr 70 af the UFlif-erm International Building
Code and be consistent with the orovisions of this Title. Erosion control measures on
the development site shall be required to minimize the solids in runoff from disturbed
areas.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall
conform to the following requirements:
4. Tree Protection. On all properties where trees are required to be preserved during
the course of development, the developer shall follow the following tree protection
standards:
a. All trees designated for conservation shall be clearly marked on the project site.
Prior to the start of any clearing, stripping, stockpiling, trenching, grading,
compaction, paving or change in ground elevation, the applicant shall install
fencing at the drip line of all trees to be preserved adjacent to or in the area to
be altered. Temporary fencing shall be established at the perimeter of the
dripline. Prior to grading or issuance of any permits, the fences may be
inspected and their location approved by the Staff Advisor. (see
~raJ3l1ic18.61.200)
o Tree Conservat ion
":\, Guideline
,
,
~~....,l18, 2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
b. Construction site activities, including but not limited to parking, material storage,
soil compaction and concrete washout, shall be arranged so as to prevent
disturbances within tree protection areas.
- --' Dripline
Tree Canopy 8'- "',/
~I \
r ,
, ,
, ,
. ,
" /
---~
To provide minimum protect ionic the
root area, take t he great est radius
from trunk t 0 dripline and creat e a
regular circle, using t he longest radius,
rat her t han t 0 follow an irregular,
above ground. exist lng t ree dripline.
Section 16, Amend Chapter 18.64, SO-SOUTHERN OREGON STAT[
COLL[G[ UNIVERSITY (SOUl DISTRICT
Amend Section 18.64.010. PurDose
This district is designed to provide for the unique needs of SOSC SQlLas a State educational
institution functioning within the planning framework of the City. It can be applied to all
areas now or hereinafter owned by the State of Oregon acting by and through the State
Board of Higher Education and Southern Oregon Statc Cellc!jc University and located within
the SOSC SOU boundary, as shown on the SOSC SOU Comprehensive Plan, adopted by
SOSC SOU and approved by the City.
Amend Section 18.64.020. Permitted Uses
A. Uses permitted outright are all those which are directly related to the educational
functions of 5G5ESOU, provided that such uses are indicated and located in
conformance with the adopted and City approved SOSC SOU Comprehensive Plan, and
are greater than fifty (50) feet from privately owned property.
B. Wireiess Communication Facilities authorized pursuant to Section 18.72.180.
Amend Section 18.64.010. Conditional Uses
A. Any use, site design, or construction or alteration of same not agreed upon in advance
by the City and SOSC SOU in the SOSC SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately-owned property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not oermitted outriaht and authorized pursuant to
Section 18.72.180.
Amend Section 18.64.010. General Reaulations
This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of this
Title, are the only portions of the Title to be effective within the SOSC SQlLzone, except for
areas within fifty (50) feet of privately-owned land, which are subject to the Chapter on
Conditional Use Permits. In addition, the creation or vacation of public streets or public
Awgl:tst 28, 2007 Draft
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October 12, 2007
ways shall be subject to mutual agreement between the City and SOSC SOU and all other
applicable laws.
Section 17, Amend Chapter 18.68, GENERAL REGULATIONS
Amend Section 18.68.040. Yard Reauirements
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
projection, tRereef aAd sRall Be uAoBstructed froffi tRe grouAd upward, except tRat
&architectural projections may intrude eighteen (18) inches into tfte-reauired yard~
reEluireffient.
Amend Section 18.68.090. Nonconformino Uses and Structures
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 and the criteria of Section 18.104.050(8 and C), a
nonconforming use may be changed to one of the same or a more restricted nature,
exceot that a Conditional Use Permit need not be obtained when the use is chanaed
to a oermitted use within the zoning district.
2. When authorized in accordance with the same procedure as provided in Conditional
Use Chapter 18.104 and the criteria of Section 18.104.050(8 and C), aft cxistiAg
nonconformina structure may be enlarged, extended, reconstructed or the footorint
modified, or structurally altcred, except that a Conditional Use Permit need not be
obtained to cnlarge or extcAd a singlc faFAily ROffiC in tRC residcAtial district,
provided tRatwhen the addition or extension meets all requirements of this Title.
3. A non-conforming structure may be_ eAlargcd, rccoAstructcd restored or
rehabilitated or structuraily altcred if its footpriAt is not changed in size or shape,
orovided that the use of the structure is not changed exceot if in conformance with
the orocedures of Section 18.68.090.A.1 above.
4. Nothina in this section shall be deemed to prevent the normal maintenance and
repair of a non-conformina structure or its restoration to a safe condition when
declared to be unsafe by any official charaed with protectina oublic safety.
5. A legal nonconforming structure or nonconforming use that is damaged to an extent
of 50% or more of its replacement cost mav be restored onlv if the damage was not
intentionallv caused bv the orooertv owner and the nonconformity is not increased.
Anv residential structure(s). includina multiple-familv. in a residential zone damaaed
bevond 50% of its reolacement cost bv a catastroohe. such as fire that is not
intentionally caused bv the owner. may be reconstructed at the oriainal density
provided the reconstruction is commenced within 2 years after the catastroohe.
8. Discontinuance. If the nonconforming use of a building structure, or premises ceases
for a period of s+ll-twelve (612) 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 following a fire or other result of natural hazard; and the
Planning Commission may extend the discontinuance period in the event of special
unique unforeseen circumstances.
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Ie.
Reactivation. A non-conforming use, which has been abandoned for a period of ~
less than six (6) months may be reactivated to an equivalent or more restricted use
through the Conditional Use and Site Review process. In evaluating whether or not to
permit the reactivation of a non-conforming use, the Planning Commission, in addition to
using the criteria required for a Conditional Use Permit and Site Review, shall also use
the following additional criteria:
1. That any improvements for the reactivation of the non-conforming use to an existing
non eonf-erffiing structure on the site shall be less than fifty (50%) percent of the
value of the structure. The value of the structure shall be determined by cither the
assessed value according to the Jackson County Assessor or by an independent real
estate appraiser licensed in the State of Oregon. The value of the imorovement shall
be determined based uoon cooies of the contractor's bid for said imorovements.
which shall be reauired with the Conditional Use oermit application. Personal
property necessary for the operation of the business or site improvements not
included in the structure shall not be counted as improvements under this eritcriathis
criterion.
Amend Section 18.68.110. Front Yard-General Exception
A. If there are dwellings or accessory buildings on both abutting lots (even if separated by
an alley or private way) with front or side yards abuttina a public street with ef-Iess than
the required depth setback for the district, the front yard for the lot need not exceed the
average yard of the abutting structures.
B. If there is a dwelling or accessory building on one (1) abutting lot with a front yard of
less than the required depth for the district, the front yard need not exceed a depth one-
half (h) way between the depth of the abutting lot and the required front yard depth.
C. The front yard may be reduced to ten (10) feet on hillside lots where the terrain has an
average steepness equal to, or exceeding a one (1) foot rise or fall in twe-four (i!1) 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.
Amend Section 18.68.140. Accessorv Buildinas. aml-Structures and Mechanical Eouipment
Accessory buildings and structures shall comply with all requirements for the principal use
except where speCifically modified by this Title and shall comply with the following
limitations:
C. Mechanical equipment shall bc sUBjcet to the previsions of this Scetion. Such CfjUipfficnt
shall not be located between the main structure on the site and any street adjacent to a
front or side yard, and every attempt shall be made to place such equipment so that it is
not visible from adjacent public streets. Mechanical eauioment and associated
enclosures. no taller than allowed fence heiahts. may be located within reauired side or
rear vards. orovided such installation and oDe ration is consistent with other orovisions of
this Title or the Ashland Municioal Code. including but not limited to noise attenuation.
Any installation of mechanical equipment shall require a building permit.
D. Regardless of the side and rear yard requirements of the district, in a residential district,
a side or rear yard may be reduced to three (3) feet for an accessory structure erected
more than fifty (50) feet from any street, other than alleys, provided the structure is
detached and separated from other buildings and structures by ten (10) feet or more,
and is no more than fifteen (15) feet in height. Anv conversion of such accessorY
structure to an accessorv residentiai unit shall conform to other reQuirements of this
Title for accessory residential units. includinQ anv reQuired olanning action and/or site
review.
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Add Section 18.68.160. Drivewav Grades.
Grades for new driveways in all zones shall not exceed a grade of 20% for any portion of
the driveway. All driveways shall be designed in accord with tAc criteria of tAeCitv of
Ashland Public Works DCJ3artffieAtstandards and aJ3pro','ca installed prior to issuance of a
certificate of occupancy for new construction. If required by the City, the developer or
owner shall provide certification of driveway grade by a licensed land surveyor. All vision
clearance standards associated with driveway entrances onto public streets shall not be
subject to the Variance section of this title.
Section 18, Amend Chapter 18.72, SITE DESIGN AND LI!!.1[ STANDARDS
REVIEW
Amend Section 18.72.030. Aoolicabilitvtieft
Site design aAa use standards shall apply to all zones of the city and sAal1 apply to all
acveloJ3fficAt iAaicatca iA tAis CAaptcr, cxccpt for tAosc devclopfficAts wAicA arc rc@ulatcd
by tAc CubdivisioAs (18.80), tAc PartitioAiA@ (18.76), P1aAufactured II0using (18.84) aAd
Perf-erffiaAcc StaAdards (18.88).as outlined below.
A. ADDlicabilitv. The followina develooment is subiect to Site Desian Review:
1. Commercial. Industrial and Non-Residential uses:
a. All new structures. additions or exoansions in C-1. E-1. HC and M zones.
b. Exoansion of impervious surface area in excess of 10% of the area of the site or
1.000 square feet. whichever is less.
c. Exoansion of oarkina iots. relocation of oarkina soaces on a site. or other
chanaes which affect circulation.
d. Anv chanae of occuoancv from a less intensive to a more intensive occuoancy. as
defined in the Citv buildina code. or anv chanae in use which reauires a areater
number of oarkina soaces.
e. Any chanae in use of a lot from one aeneral use cateaorv to another general use
cateaorv. e.g.. from residential to commercial. as defined by the zoning
reaulations of this Code.
f. Anv exterior change to a structure which requires a buildina permit and is listed
on the National Reaister of Historic Places or to a contributina prooertv within an
Historic District on the National Reaister of Historic Places.
g. Mechanical equioment not otherwise exempt from site desian review oer Section
18.72.030(6).
2. Residential uses:
a. Two or more residential units on a single lot.
b. All new non-residential structures or additions. other than single-family homes or
accessorv uses on individual lots
c. Construction of attached single-family housing (e.a. town homes. condominiums.
row houses. etc.) in all zonina districts.
d. Off-street oarkina or landscaoina. in conjunction with an aoproved Performance
Standards Subdivision reauired bv ordinance and not located within the
boundaries of the individual unit Darcel (e.g. shared parking).
e. Anv exterior chanae to a structure which reauires a building permit and is
individually listed on the National Register of Historic Places.
f. Mechanical eauioment not otherwise exemot from site desian review oer Section
18.72.030(6).
../\tJgust 261 2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
B. ExemDtions. The followina develaoment is exemot from Site Desian Review aoolication
and orocedure reauirements orovided that the develooment complies with aoolicable
standards as set forth bv this Chaoter.
1. Detached sinale familv dwellinas and associated accessorv structures and uses.
2. Land divisions reaulated by the followina chapters: Partitioning 118.76).
Subdivisions 118.80). Manufactured Housina 118.84) and Performance Standards
(18.881.
3. The following mechanical eauipment:
a. Private. non-commercial radio and television antennas not exceedina a heiaht of
seventv (70) feet above arade or thirtv (30) feet above an existina structure.
whichever heiaht is greater and orovided no part of such antenna shall be within
the yards reauired bv this Title. A buildina oermit shall be reauired for any
antenna mast. or tower over fiftv ISO) feet above arade or thirtv (30) feet above
an existina structure when the same is constructed on the roof of the structure.
b. Not more than three (3) oarabolic disc antennas. each under one (1) meter in
diameter. on anyone lot or dwellina unit.
c. Roof-mounted solar collection devices in all zoning districts. with the exception of
Emolovment and Commercial zoned orooerties located within desianated historic
districts. The devices shall comoly with solar setback standards described in
18.70 and heiaht reauirements of the respective zonina district.
d. Installation of mechanical equioment not exemoted by la. b. c) above or Ie)
below. and which is not visible from a oublic riaht-of-wav or adiacent residentially
zoned oropertv and consistent with other provisions of this Title. including solar
access. noise. and setback reauirements of Section 18.68.140Ic).
e. Routine maintenance and reolacement of existin<;i mechanical equioment in ail
zones.
Amend Section 18.72.040. Aooroval Process
Develooment subject to site design review shall be reviewed in accordance with the
orocedures set forth in Chaoter 18.108.
A. Staff Permit. Tl1c f-ellewiA!j t"fPCS ef dcvelepmcAts sl1all BC suBjcct te appreval undcr
tl1c Staff rerAAit rreccdurc. Any Staff rcrAAit AAay BC preccssed as a TfPC I perAAit at tl1c
discrctioA ef tl1c Staff Adviser.
1. Any cl1aA!jc of occupancy froAA a Icss intcnsivc to a AAorc intcnsivc occupancy, as
dcfiAed in tl1c Cit"f Building code, er any cl1angc in usc whicl1 rcquircs a grcatcr
nUAABcr of parking spaccs.
2. Any addition less tl1an 2,500 squarc fcct er tCA pcrccnt of tl1c buildiAg's sEluarc
footagc, 'lil1icl1cver is less, to a BUildiA!j.
3. AAY use wl1icl1 rcsults iA thrce or Icss dwclliA!j uAits pcr lot, otl1er tl1an singlc f-aAAil'f
hOAAcs on iAdividuallots.
~. All installatioAs of AAccl1aAical CqUipAACAt in any zonc. IAstallatioA of disc antcAnas
sl1all BC sul7jcct te tl1c rCEluircAAcAts of Section 18.72.160. AAY disc aAtcnAa for
cOAAAAcrcial use iA a rcsidcntial zone shall alse BC suBjcct to a COAditional Usc rcrmit
(18.104). (Ord. 2289 S5, 1984; Ord. 2~57 S4, 1988).
5. All installatioA of ......ireless ceAAAAunication SYStCAAS sl1all BC subjcct te thc
rCEluircAAcnts of Scction 18.72.180, in addition to all al3plicaBlc Sitc Dcsign aAd Usc
Standards aAd arc suBjcct te tl1c fellewin!j al3l3rOval proccss:
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Zening BC3ignstions Attact1ca te AltcrRatiYc FrcC3tanain~
[xi:;tin~ Structurc3 SUPl'Jert
Structu re3 Structurc3
Re3iaential Zene:;l~l €I:If> rret1ibitea rrot1ibitca
€-l €I:If> €I:If> rret1ibited
C 1 D (Dovmtown)(~J €I:If> rrot1ibited rrot1il9itcd
C 1 rrccway everlay Sitc Re',icw Sitc RcYiE'''' €I:If>
E-l Sitc Revicw Sitc Rcvicw €I:If>
M-! Site Review Site Review €I:If>
50 Site ReYiew €I:If> €I:If>
~H1 (PJertt1 P1euntain) Prot1ibited rrohibited rrohibited
Hi3toric Di3trict"'J €I:If> rfOt1il9ited rret1ibitea
A 1 (Airpert O-,erlay) €I:If> €I:If> €I:If>
HC (1Iealtt1 Carc) €I:If> rret1ibitca rret1il9itca
~}-OAly aliGned OR cxistiAg structures great.er tAaA 15 feet in I1ci@At. ref thc I3l:!FT38SE:S af tRis seetieA iA FcsiaCAtial
zoniAg E1istricts, odstiF'lg stFl:!ctl;JrCS shall include the rcpluccmcnt of cxistiAg pole, mJst, or tower structures (such
as staElil:Jffi liSlM tenus) (-or thc combiAcd purposes of their previous use aRe wiFeless CeA"lA9UAiC::l.tieA faeilities.
t~} Permitted OR pre existing structures with J Mcigl1t greater thaR SO kct in the DGoAtO/';A Commercial district.
rrohibitccl iA all ether cJi:"jtricts ..itAiA thc Historic District, JS defined in the COmprE:AE:A3i.E PlaR.
6. Any cxterior changc te any :;tructurc li3tea On thc National Rcgi3tcr of Hi3toric
rlace3." (ORD 2802, S2 1997) (Ora 2852 S3, 2000; Ord 2858 S6, 2000)
B. T',,,e I Preeeeltlre:. Tt1c follewing type3 of dc','elopmcnt3 3hall I9c :;ul9ject to appreval
unaer thc Typc I preccdure:
1. Any changc in U3C ef a let freFfl ene gcneral U3C catcgory to anott1cr gefleral U3C
cate~ery, e.~., from rC3iacntial to ceFflFflerical a3 defincd by tt1c zonin~ rcgulation3 of
thi3 Code.
2. Any rC3iacntial U3C wt1ict1 re3ult3 in feur dwelling unit3 er Fflere en a let.
3. All nCW 3tructurc3 er aaaitien3 grcatcr than 2,500 3(juarc ff.:ct, cxccpt fer
dc','clepFflent3 includca in Scction 18.72.040(A).
Amend Section 18.72.050. Detail Site Review Zone
A. The Detail Site Review Zone is that area defined in the Site Design Standards adopted
pursuant to Section 18.72.080.
B. Any dcYelepFflcnt in tt1c Dctail Site Rcvicw Zenc a3 acfinca in tt1c Site Revicw
Standara3 aael'Jtea pur:;uant te tAi3 chaptcr, wt1ict1 cxccca3 10,000 3(juarc fcct er i3
longcr tt1an 100 ff.:ct in Icn~tA Or wiath, 3t1all bc rc',icwca accerain~ te tAc Typc 2
preccdurc.
€.!2.0utside the Downtown Design Standards Zone, new buildings Or expansions of existing
buildings in the Detail Site Review Zone shall conform wi#t-!;Q.the following standards:
AuyUSl ~8;- 2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
t--la. Buildings sharing a common wall or having walls touching at or above grade
shall be considered as one building.
13Z. Buildings shall not exceed a building footprint area of 45,000 square feet as
measured outside the exterior walls and including all interior courtyards. For the
purpose of this section an interior courtyard means a space bounded on three or
more sides by walls but not a roof.
Je. Buildings shall not exceed a gross floor area of 45,000 square feet, including all
interior floor space, roof top parking, and outdoor retail and storage areas, with the
following exception:
Automobile parking areas located within the building footprint and in the basement
shall not count toward the total gross floor area. for tlge purpose of tl9is section,
baseFflent Ffleons any floor level below the first story in a building. first story sl9ol1
hove the saffle Ffleoning 03 provided in tlge building code.
1d. Buildings shall not exceed a combined contiguous building length of 300 feet.
l:;~.Inside the Downtown Design Standards Zone, new buildings or expansions of existing
buildings shall not exceed a building footprint area of 45,000 sq. ft. or a gross floor area
of 45,000 sq. ft., including roof top parking, with the following exception:
Automobile parking areas located within the building footprint and in the basement
shall not count toward the total gross floor area. For tlge I3Ur1303e of tl9is section,
boseFflent Ffleon3 any floor level be/o',,' tlge fir3t story in a buileing. First story sl9all
19a",e tlge saffle Ffleaning os I3rovided in tlge building coee.
Amend Section 18.72.060. Plans Reauired
The following submittals shall be required in order to determine the project's compliance
with this Chapter:
A site plan containing the following:
C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.) The Staff
Advisor mav authorize different scales and plan sheet sizes for oroiects. orovided the
plans provide sufficient information to c1earlv identifv and evaluate the application
rea uest.
Amend Section 18.72.080. Site Desian Standards
C. The Site Desian and Use Standards adopted bv Ordinance No's. 2690. 2800. 2825 and
2900. shall be applied as follows:
1. The Multi-family Residential Development Standards in Section II.B. shall be applied
to the construction of attached single-family housing (e.g. town homes.
condominiums. row houses. etc.).
2. The Commercial. Emplovment. and Industrial Development standards in Section II.C.
shall be applied to non-residential development (e.a. public buildinas. schools. etc.)
areater than 2.000 square feet aross floor area.
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Ashland Land Use Ordinance, Proposed Draft Amendments
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Add Section 18.72.105. Expiration of Site Desion Review Aoproval
Site design review aooroval oranted under this Chaoter shall exoire if no buildino oermit or
public imorovement alan for the oroiect has been aooroved bv the Citv within twelve (12)
months of site desion review aooroval.
Amend Section 18.72.120. Controlled access
A. Prier to a8ny partitioning or subdivision of property located in an R-2, R-3, C-1, E-1 or
M-1 zone shall meet ;the controlled access standards set forth in section (B) below. sflaII
bc aj:lplied aFtd, if Fteeessary, If aoolicable. cross access easements shall be required so
that access to all properties created by the ",artitiaFtiFt(l land division can be made from
one or more points.
I B. Street and drivewav Agccess points in an R-2. R-3. C-1. E-1 or M-1 zone shall be limited
to the following:
1. Distance between driveways.
On arterial streets - 100 feet;
on collector streets - 75 feet;
on residential streets - 50 feet.
2. Distance from intersections.
On arterial streets - 100 feet;
on collector streets - 50 feet;
on residential streets - 35 feet.
C. Vision clearancc staFtdards.
1. No aBstruetioFts greater tl9aFt two and OFte 19a1f ket 19i9l9, nar aft'; laFtdscapiFtg wl9icl9
will (lrow greater tl9an toNO and OFtC 19a1f ket 19i(lh, witl9 the exeej:ltioFt of trees wlgese
cana",y 1geigl9ts arc at all tiffies greater tl9aFt eight ket, ffiay be ",laced iFt a visioFt
clearance area aetcrffiined as fellews:
Tlge visien c1earaFtee area at tlge iFttersectieFt af toNO streets is the triangle fen~ea BY
a iine ceFtnectiFtg j:leints 25 ket freffi the iFtterseetioFt of j:lrGj:lerty liFtes. 1Ft the case
of aft iFttersectieFt invelviFtg an alley aFtd a street, tlge triaFtgle is ferffied by a IiFte
ceFtFteeting paints ten feet aloFtg tlge alley aFtd 25 f-eet aleng tlge street. Wlgen tlge
angle of iFtterseetioFt between tlge strcet and tlge alley is less tl9aFt 30 aegrees, the
BistaFtee shall be 25 feet. No structure or ",ortion tlgereof sl9all be erected witl9in ten
ket of tlge driveways.
2. State of OregoFt Vision ClearaFtce StaFtaards. Tlge fellO'NiFtg stoj:lj:liFtg site aistaFtees
sl9all a",,,,ly ta all State i ligl9.....ays within tlge City witl9 tlge j:lrescriBed s",eea Iiffiits.
Vertical sto"'j:liFt(l si(ll9t distaFtee to Be basea Oft distaFtee freffi tl9ree aFta oFte 19a1f feet
aBove paVeffieFtt to a poiFtt six feet abo'/e tlge j:laVeffieFtt. (Ora.25~~ Sl, 1989)
30 ffij:lh200 feet
35 ffiph225 f-eet
~O ffij:l19275 f-eet
~5 ffip19325 f-eet
55 ffipl9~50 feet
3. The VISion clearaFtee staFtdaras estaBlislgea BY tl9is seetieFt arc net sul7jeet to tlge
variaFtce seetieFt enl9is title. (Ord. 2605 S2, 1990)
B.c. Access Requirements for Multi-family Developments.
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1. All multi-family developments which will have automobile trip generation in excess
of 250 vehicle trips per day shall provide at least two driveway access points to the
development. Trip generation shall be determined by the methods established by
the Institute of Transportation Engineers.
2. Creating an obstructed street, as defined in 18.88.020.G, is prohibited.
Amend Section 18.72.170. Develooment Standards for Disc Antennas
B. Development Standards. All disc antennas shall be located, designed, constructed,
treated and maintained in accordance with the following standards:
2. Disc antennas exceeding 36 iACACS one (1) meter in diameter shall not be permitted
on the roof, except where there is no other location on the lot which provides access
to receiving or transmitting signals. In no case shall any part of any antenna be
located more than ten feet above the apex of the roof surface. Antennas mounted
on the roof shall be located in the least visible location as viewed from adjacent
right-of-ways, and residential structures in residential zones.
Amend Section 18.72.180. Develooment Standards for Wireless Communication Facilities
D. All instaliation of wireless communication systems shall be subiect to the reauirements
of this section in addition to all aoolicable Site Desian and Use Standards and are subiect
to the followina aporoval orocess:
Attached to Alternative Freestanding
Zoning Designations Existing Structures Support
Structu res Structu res
Residential Zones! CUP Prohibited Prohibited
C-I CUP CUP Prohibited
C-I-D (Downtown)!2) CUP Prohibited Prohibited
C-1 - Freewav overlay Site Review Site Review CUP
E-1 Site Review Site Review CUP
M-1 Site Review Site Review CUP
SOU Site Review CUP CUP
NM (North Mountain) Prohibited Prohibited Prohibited
Historic District' CUP Prohibited Prohibited
A-I (Airport Overlav) CUP CUP CUP
HC (Health Care) CUP Prohibited Prohibited
1 On Iv allowed on existina structures areater than 45 feet in heiaht. For the ourooses of this section in residential
zonina ?istri~ts. existina structures shalf include the reDlacement of existina DOle~ mas~ or tower ~tructures (such
as stadium Ilaht towers) for the combined Durooses of their orevious use and wir less ommunica ion facilities.
2 Permitted on Dre-existina structures with a heiaht areater than 50 feet in the Downtown Commercial district.
Prohibited in all other districts within the Historic District. as defined in the Comorehensive Plan
Aw~....,l 28; 2007 Draft
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Section 19, Amend Chapter 18.76, PARTITIONS
Delete Section 18.76.040. Administrative Preliminarv Aooroval
['rcliffiiAary aflflFeval fer all ffiiAer laAa flartitieA3 ""RicR rCfjuirc AO TYflC II variaACC3 3Rall I3c
procc33ca uAacr tRc TYflC I flFeCCaurc.
Amend Section 18.76.050. Preliminarv Aoorovall3v tRc ['laAAiAa Ceffiffii33ion
If tRc flrefle3ca flartitieA aec3 AOt appcar to cOffiflly '/IitR tRc rCfjuircfficAt3 fer routiAc
aaffiiAi3trati'"c aflflroval, tRc flrofl03al 3Rall bc 3UBffiittea to tRc PlaAAiAg COffiffii33ieA aAa
An application for a oreliminary oartition shall be approved when the following conditions
exist:
Amend Section 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:
B. Except as provided in subsection 18.76.060. K, the flag drive for one flag lot shall
have a minimum width of 15 feet, and a 12 foot paved driving surface. For drives
serving two lots, the flag drive shall be 20 feet wide, with 15 feet of driving surface
to the back of the first lot, and 12 feet, respectively, for the rear lot. Drives shared
by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving
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. Where two or more lots are served by the same flag drive, the flag
drive shall be owned by one of the lots and an easement for access shall be granted
to the other lot or lots. There shall be no parking 10 feet on either side of the flag
drive entrance.
Flag drive grades shall not exceed a maximum grade of 15%. Variances may be
granted for flag drives for grades in excess of 15% but no greater than 18% for no
more than 200'. Such variances shall be required to meet all of the criteria for
approval as found in 18.100.
Flag drives serving structures greater than 24 feet in height, as defined in
18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet within 50 feet of the
structure. The Fire Work Area requirement shall be waived if the structure served by
the drive has an approved automatic sprinkler system installed.
Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under
the Oregon Uniform Fire Code and subject to all requirements thereof.
When reouired bv the Oreaon Fire Code. Fflag drives greater than 150 r5B-feet in
length shall provide a turnaround as defined in the Performance Standards
Guidelines in 18.88.090. The Staff Advisor. in coordination with the Fire Code
Official. mav extend the distance of the turnaround reauirement uo to a maximum of
250 feet in length when takina the following factors into consideration:
1. Oreaon Fire Code access exemotions.
2. Phvsical constraints such as slooe. sianificant trees. cuts and fills.
3. Transoortation layout and traffic imoacts.
4. Number of units served by the flag drive.
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Ashland Land Use Ordinance, Proposed Draft Amendments
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Add Section 18.76.075. Exciration of Preliminarv Partition Plan
Preliminary cartltion clans aooroved under this Chaoter shall exoire if a final oartition plat
has not been aooroved bv the Citv within eiohteen (18) months of oreliminarv olan
a oorova I.
Section 20, Amend Chapter 18.88, PERFORMANCE STANDARDS OPTIONS
Amend Section 18.88.050. Street Standards
E. Street Grade. Street grades measured at the street centerline for dedicated streets
and flag drives shall be as follows:
1. Street and private drive grades in Performance Standards Developments shall not
exceed a maximum grade of 15%. No variance may be granted to this section for
public streets. Variances may be granted for private drives for grades in excess of
15% but not greater than 18% for no more than 200'. Such variances shall be
required to meet all of the criteria for approval as found in 18.100.
Private drives serving structures greater than 24' in height, as defined in 18.08.290,
shall provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire Work
Area requirement shall be waived if the structure served by the drive has an approved
automatic sprinkler system installed.
Private drives and work areas shall be deemed Fire Lanes and subject to all
requirements thereof.
When re~uired bv the Oreoon Fire Code. pf'rivate drives greater than ~150 feet in length
shall provide a turnaround as defined in the Performance Standards Guidelines as provided
in 18.88.090. The Staff Advisor. in coordination with the Fire Code Official. mav extend the
distance of the turnaround re~uirement uo to a maximum of 250 feet In length when taking
the followino factors into consideration:
1. Oreoon Fire Code access exemptions.
2. Physical constraints such as slope. significant trees. cuts and fills.
3. Transoortation lavout and traffic imoacts.
4. Number of units served bv the flag drive.
Section 21, Amend Chapter 18.92, PARKING
Amend Section 18.92.070. Parkino
A. Size and Access. All required parking areas shall be designed in accordance with the
parking layout chart at the end of this Chapter. Parking spaces shall be a minimum of 9
x 18 feet, except that 50% of the spaces may be compact spaces in accord with
18.92.050. Parkino spaces afffi-shall have a 22 foot back-up maneuvering space no less
than twentv-two (22) feet. except where parking is angled. and which does not
necessitate movino of other vehicles.
I D.
Vision Clearance. No obstructions mav be olaced in the vision clearance area except as
set forth in Section 18.68.020. No si!jAs, structl:lrcs or vC!jctatioA iA cxcess of two aAB
AIIQllct Ai, 2007 Draft
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
one 19a1f feet in 1gei'ill9t sl9all be placea in tlge vision clearance area. Tlge vision clearance
area is tlge trian'ille ferFlgea bya line eonneetin'il points 25 f-t:et froFl9 tlge intersection of
property lines. In tlge ease of an intersection involvin'il an alley ana a stFCet, tlge trian'ille
is ferFlgea by a line eonneetin'il points ten (10) f-t:et alon'il tlge alley ana 25 feet alon'il tlge
street. Wlgen tlge an'ille of intersection beh'.een tlge street ana tlge alley is less tl9an 30
eJe'ilrCC3, tlge aistance sl9all be 25 feet. Plo si'ilns, strueturcs or ve'iletation or portion
tlgereof sl9all bc erectea witl9in ten (10) feet of driveways unlcss tlge saFlge is Icss tl9an
two ana one 19a1f feet in hei'ill9t. The vision clearance stanaaras establisl9cd by tl9is
section are not subjcet to tlge Variance section of tl9is titlc.
Section 22, Amend Chapter 18.96, SIGN REGULATIONS
Amend Section 18.96.070. Residential and North Mountain Sian Reaulations
Signs in the residential (R) and North Mountain (NM) districts fP+shall conform to the
following regulations:
B. Type of Signs Permitted.
4. North Mountain SiGns. Sians for aooroved non-residential uses within the NM-
R15. NM-C and NM Civic zones mav be permitted one around sign not exceedina an
overall heiaht of five feet and an area of fifteen square feet. set back at least ten feet
from prooertv lines; or one wall or awning sign in lieu of a ground sian. Said sians
shall not use olastic as oart of the exterior visual effect and shall not be internally
illuminated.
Amend Section 18.96.150. Governmental Sians.
Governmental agencies may apply for a Conditional Use to place a sign that does not
conform to this Code when the COFl9Fl9iSSion it is determineQ5 that, in addition to the criteria
for a conditional use, the sign is necessary to further that agency's public purpose.
Section 23, Amend Chapter 18.108, PROCEDURES
Amend Section 18.108.015. Pre-Aoolication Conference
An applicant shall request a pre-application conference prior to submitting an application for
a Type I, II or III planning action or an Exoedited Land Division. 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 requirements and to
identify policies and regulations that create opportunities or pose significant constraints for
the proposed development. The Staff advisor is authorized to waive ore-aoplication
conference reauirements and to create procedures which allow for electronic or other
alternative forms of conferences.
Amend Section 18.108.017. Aoplications
A. In order to initiate a planning action, three eopics of a complete application shall be
submitted to the Planning Department as set forth below.
1. Complete applications shall include:
a. All of the required information for the specific action requested,
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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. The City will
begin the appropriate application procedure when the application is deemed
complete, or at the end of the 31 day period.
3. The Staff Advisor is authorized to set standards and procedures for aoolication
submittal requirements. including the number and tvpe of apolications required I e.o.
hard and/or electronic cooies). size and format of aoolications le.o. oaoer size and
electronic format). and dates when aoplications can be received. The Staff Advisor
shall make the re~uirements for application submittals readily available to the public
to review.
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.
Amend Section 18.108.020. Tvoes of Procedures.
There are three oeneral tvoes of orocedures: 1) ministerial actions: 2) olannino actions.
and 3) legislative amendments. When a oroiect prooosal involves more than one
aoolication and more than one tv De of orocedure. the applications shall be reviewed
tooether by the same decision bodv and follow the hiohest level orocedure aoolvino to any
one of the aoplications.
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 occupation permits. (18.94.130)
9. Extension of time limits for aooroved olannino actions (18.112.030L
10. Mechanical equioment exemot from Site Review.
11. Conversion of existing multi-family dwellino units into for-purchase housing.
B. Planning Actions. All planning actions shall be subject to processing by one of the four
following procedures:
1. Staff i"crA9it i"reccaurc
12'c. Type I Procedure
13. Type II Procedure
J4. Type III Procedure
4. Exoedited Land Divisions
C. Legislative Amendments. Legislative amendments shall be subject to the procedures
established in section 18.108.170.
lu 19"(t 28, 2007 Draft
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October 12, 2007
ADD Section 18.108.025. Consolidated Review Procedures
An applicant mav aoply at one time for all Dermits or zone changes needed for a
develooment project. The consolidated procedure shall be subject to the time limitations set
out in ORS 227.178. The consolidated orocedure shall follow the most restrictive orocedure
in the development oroiect.
Amend Section 18.108.030. Staff rcrffiit3 Exoedited Land Divisions
A. Aoolicabilitv.
1. An exoedited land division is an action that:
a. Includes land that is zoned for residential uses.
b. Is solely for the purposes of residential use. including recreational or ooen space
uses accessory to residential use.
c. Does not provide for dwellinos or accessory buildinos to be located on land that is
specifically mapoed and desionated for full or partial protection of natural
features that protect open soaces. ohvsical and environmental constraints oer
Chapter 18.62. rioarian corridors. wetlands. designated historic districts or
structures.
d. Meets minimum standards in the Street Standards Handbook and Section
18.88.050.
e. Creates enough lots or oarcels to allow buildino residential units at 80 oercent
(80%) or more of the maximum net densitv oermitted bv the zoning desionation
of the site....
2. A land division that creates three or fewer parcels under ORS 92.010 and ALUO
18.76.
3. An exoedited land division as described in this section is not a land use decision or a
limited land use decision under ORS 197.015 or a oermit under ORS 227.160.
4. All reouirements outlined in Chaoter 18.76 aoolv to expedited land divisions exceot
for those orovisions modified within this section.
B. Procedure and Notice Reouirements.
1. Aoolication Comoleteness.
a. If the aoolication for exoedited land division is incomplete. the Staff Advisor shall
notify the aoolicant of exactlv what information is missing within 21 davs of
receipt of the application and allow the aoolicant to submit the missing
information. For purposes of comoutation of time under this section. the
aoolication shall be deemed complete on the date the aoolicant submits the
reouested information or refuses in writino to submit it.
b. If the aoolication was comolete when first submitted or the apolicant submits the
reouested additional information within 180 davs of the date the application was
first submitted. approval or denial of the application shall be based uoon the
standards and criteria that were applicable at the time the aoolication was first
submitted.
2. The city shall provide written notice of the receiot of the comoleted application for an
expedited land division to anv state aoencv. local oovernment or soecial district
responsible for orovidino oublic facilities or services to the develooment and to
owners of oropertv within 100 feet of the entire contiguous site for which the
application is made. The notification list shall be compiled from the most recent
oroperty tax assessment roll. For purposes of aooeal to the referee under ORS
197.375. this reouirement shall be deemed met when the local oovernment can
orovide an affidavit or other certification that such notice was oiven. Notice shall also
be orovided to any neighborhood or communitv olannino oroanization recoonized bv
the oovernino bod v and whose boundaries include the site.
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3. The notice reauired under subsection (2) of this section shall:
a. State:
i. The deadline for submittina written comments:
ii. That issues that may provide the basis for an aooeal to the referee must be
raised in writina prior to the exoiration of the comment oeriod: and
iii. That issues must be raised with sufficient soecificitv to enable the local
aovernment to resoond to the issue.
b. Set forth. bv common Iv used citation. the aoolicable criteria for the decision.
Co Set forth the street address or other easilv understood aeoaraohical reference to
the subiect prooerty.
d. State the olace. date and time that comments are due.
e. State a time and olace where cooies of all evidence submitted bv the aoolicant
will be available for review.
f. Include the name and telephone number of a local aovernment contact oerson.
a. Brieflv summarize the local decision-making process for the exoedited land
division decision beina made.
4. After notice under subsections (2) and (3) of this section. the city shall:
a. Provide a 14-day oeriod for submission of written comments orior to the decision.
b. Make a decision to aoorove or deny the aoolication within 63 days of receiving a
comoleted apolication. based on whether it satisfies the substantive reauirements
of the local aovernment's land use reaulations. An aooroval may include
conditions to ensure that the apolication meets the apolicable land use
reaulations. For aoolications subject to this section. the city:
i. Shall not hold a hearina on the apolication: and
ii. Shall issue a written determination of comoliance or noncompliance with
applicable land use reaulations that includes a summary statement exolaining
the determination. The summary statement may be in any form reasonably
intended to communicate the local aovernment's basis for the determination.
c. Provide notice of the decision to the aoolicant and to those who received notice
under subsection (2) of this section within 63 days of the date of a comoleted
aoolication. The notice of decision shall include:
i. The summary statement described in paragraoh (b)(ii) of this subsection: and
ii. An explanation of aopeal riahts under ORS 197.375
C. Aooeals
1. An appeal of a decision made under ORS 197.360 and 197.365 shall be made as
follows:
a. An aooeal must be filed with the local aovernment within 14 days of mailina of
the natice of the decision under ORS 197.365 (4). and shall be accomoanied by a
$300 deoosit for costs.
b. A decision may be aooealed by:
i. The aoplicant: or
ii. Anv oerson or oraanization who files written comments in the time oeriod
established under ORS 197.365.
c. An aooeal shall be based solely on alleaations:
i. Of violation of the substantive orovisions of the aoolicable land use
regulations:
ii. Of unconstitutionalitv of the decision:
iii. That the aoplication is not eliaible for review under ORS 197.360 to 197.380
and should be reviewed as a land use decision or limited land use decision: or
iv. That the oarties' substantive riahts have been substantiallv orejudiced bvan
error in orocedure by the local aovernment.
2. The city shall aopoint a referee to deCide the aooeal of a decision made under ORS
197.360 and 197.365. The referee shall not be an emolovee or official of the iocal
1).U9"st 28, 2007 Draft
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<;lovernment. The Citv Administrator is authorized to hire. under contract on an as
needed basis. a referee to decide such aooeals. If the city has designated a hearinos
officer under ORS 227.165. the City Administrator may desianate the hearings officer
as the referee for aooeals of a decision made under ORS 197.360 and 197.365.
3. Within seven davs of beino aooointed to decide the aooeal. the referee shall notify
the aoolicant. the local aovernment. the appellant if other than the aoplicant. any
oerson or oraanization entitled to notice under ORS 197.365 (2) that orovided
written comments to the local oovernment and all oroviders of oublic facilities and
services entitled to notice under ORS 197.365 (2) and advise them of the manner in
which they mav oarticioate in the aooeal. A person or organization that orovided
written comments to the locai aovernment but did not file an aooeal under
subsection (1) of this section mav oarticioate onlv with respect to the issues raised in
the written comments submitted bv that oerson or oroanization. The referee may
use anv orocedure for decision-making consistent with the interests of the oarties to
ensure a fair oooortunitv to oresent information and argument. The referee shall
orovide the local oovernment an oooortunity to exolain its decision. but is not limited
to reviewina the locai government decision and mav consider information not
oresented to the local <;lovernment.
4. Referee Decision.
a. The referee shall aoolv the substantive reauirements of the local government's
land use regulations and ORS 197.360. If the referee determines that the
application does not qualifv as an exoedited land division as described in ORS
197.360. the referee shall remand the aoolication for consideration as a land use
decision or limited land use decision. In all other cases. the referee shall seek to
identify means bv which the aoolication can satisfy the aoolicable reauirements.
b. The referee mav not reduce the densitv of the land division aoolication. The
referee shall make a written decision aooroving or denvina the application or
approvina it with conditions desianed to ensure that the aoolication satisfies the
land use regulations. within 42 days of the filina of an appeal. The referee may
not remand the application to the local aovernment for any reason other than as
set forth in this subsection.
5 Unless the governina bodv of the local aovernment finds exioent circumstances. a
referee who fails to issue a written decision within 42 davs of the filing of an aooeal
shall receive no comoensation for service as referee in the aooeal.
6. Notwithstandina anv other orovision of law. the referee shall order the city to refund
the deposit for costs to an apoellant who materially improves his or her oosition from
the decision of the local oovernment. The referee shall assess the cost of the aooeal
in excess of the deoosit for costs. uo to a maximum of $500. including the deposit
paid under subsection (1) of this section. against an aooellant who does not
materiallv imorove his or her oosition from the decision of the local government. The
local aovernment shall oay the portion of the costs of the aooeal not assessed
against the aooellant. The costs of the aooeal include the comoensation paid the
referee and costs incurred bv the local aovernment. but not the costs of other
oarties.
D. Effective Date of Decision. Unless aooealed within 14 davs of mailino a notice of
decision. the Staff Advisor decision becomes final on the 15th dav. Aooeals shall be
considered as set forth in ALUO 18.108.030!C) and ORS 197.375.
A. Actions IAcluscs. TAc follo.....ing ~laAAiAg actioAs shall be sus-jcct to tAe Staff !"'ermit
Proceaurc:
1. Site RcviC'l" f-or two or threc rcsiseAtial units on a siAgle lot.
2. PAysical aAa eAviroAmental COAstraiAts !1n.ie.... Pcrmits as allowea iA CAa~ter 18.62.
3. VarioAces scscrilgea iA Section 18.70.060.
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4. Site Revie>Js in C 1, [ 1, ~iC and t1 zones fer eXJ'lansions of an existing use that do
not reCjuire new building area in excess of 2,500 square feet, or ffiodification of ffiorc
than 10Q(, of the area of the site.
5. [xtension of tiffie liffiits f-er aJ'lproved J'llanning aetions. Two extensions of uJ'l to 12
ffionths each ffiay be approveel uneler the following eonditions:
a. ,^, change of eonelitions, fer which the aJ'lJ'llieant .....as not responsible, prC",ented
the aJ'lplieant froffi eOffiJ'lleting the eleveloJ'lffient within the original tiffie liffiitation,
aOO
b. Land Usc Ordinanee requirefficnts aJ'lJ'llieable to the elevelopffient have not
changeel since the original approval. An extension ffiay be granted, howe'.er, if
reCjuireffients have changed and the apJ'llieant agrecs to eOffiply ....ith any such
changes.
6. The f-ellowing devcloJ'lffients sub-ject to the Site Design and Use Standards in section
18.72.0~0.A:
a. Any change of oecupanC"1 froffi a less intensivc to a ffiore intensive oecupaney, as
defined in the City building code, or any changc in use which reEjuires a greatcr
nUffiber of parking sJ'laccs,
b. An'; addition less than 2,500 squarc fect or tcn J'lerccnt of the building's square
f-eotagc, '",hiehevcr is less, to a building.
e. All installations of fficchanical cquipffient in any zonc.
d. Installation of disc antennas sub-ject to the rcquirefficnts of Scetion 18.72.160.
An'l disc antenna f-er eOffiffiercial usc in a residcntial zone shall also bc sub-jcct to
a Conelitional Use Perffiit (18.104).
e. Any cxterior change to a structure listed on the National Registcr of Historic
Plaecs.
7. Any other planning action designated as sulJjeet to the Staff Pcrffiit Procedure.
8. Other planning actions not otherwise listed or designated as a Type I, II or III
procedure.
B. Tiffie Liffiits, Notice and Ilearing Requirements. AJ'lplieations suiJjeet to the Staff Perffiit
Procedure shall be processed as follo.....s:
1. 'Nithin 14 days after receipt of a eOffipletc apJ'llieation the Staff Advisor shail
;]pprove, appro'.e with conditions or deny the application uniess sueh tiffie liffiitation
is extended '",ith the eonsent of the applicant. The Staff Advisor shall enter findings
and conclusions to justif'; the decision,
2. Notice of the decision shall be ffiailed within seven days of the eleeision. The notice
shall contain the following inferffiation:
a. The decision of the Staff Ad',isor and the date of the eleeision.
b. That no public hearing will be held unless speeificall'l reEjuested.
e. That a reEjuest for a publie hearing ffiUSt be ffiaele b'l the elate inelicateel on tRe
notice in order for a J'lublie hearing to be sehcelulcd.
d. That a request fer a public hearing shall ineluele the naffie anel aeldress of the
person rCEjuesting the J'lublie hearing, the file nUffiber of the planning action and
thc sJ'leeifie grounels for which the eleeision should be reversed or ffioelifieel, based
on the applicable criteria or procedural irregularity.
3, Notice shall be ffiaileel to the f-ello'....ing persons:
;]. The applicant, or authorizeel agent.
b. The subject J'lropcrty owner.
c, All owners of recorel of property on the ffiOSt recent property tax asseSSffient roll
within the notice area dcfineel as that area within 100 feet of the subject
property,
4. Pcrsons to Whoffi the notice is ffiilileel shall hilve 10 elays froffi the date of ffiailing in
',,"hich to reEjuest a public hearing. ReEjuests fer a public heilring shall ffieet the
f-ellowing requircffients:
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Ashland land Use Ordinance, Proposed Draft Amendments
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6. TAC reque3t 31'1611 ae fileel by tAe elate 3flecifieel iA tAe notice of e1cci3ioA.
a. TAC rcquC3t 3hall ac iA writiAg aAeI iAcluele thc aflflcllaAt'3 AaffiC, aelelrc33, tAe file
nUffiBcr of tAE fllaAAiAg actioA aAeI tAC 3flccific grouAel3 f-or wAicA tAc e1eci3ion
3Aould ac rC'Icr3cd or ffioelificel, aa3cd OA tAe aflfllicaalc criteria or flroccelural
irrcgularity. .
5. If a rcqucst fur a pualic Aearing i3 tifficiy rcccivcd, a flUblic AcariAg 3Aall bc
3cAcelulcd f-or t"'c Aext rC!:lular COffiffii33ioA or IIcariAg3 Boarel ffiectiAg allowiAg
aelcquatc tiffiC to ffieCt tAC Aoticc rcquircffients of scctiOA 18.108.080. TAc pUblic
AcariAg sAall ac iA accora wit'" tAC rcquirefficAts of scctiOA 18.108.100.
Amend Section 18.108.040. Tvoe I Procedure.
A. Actions Included. The following planning actions shall be subject to the Type I
Proced u re:
1. Site Desian Review. The followina develooments that are subject to the Site
Design Review Standards outlined in 18.72 shall follow the Tvoe I permit orocedures.
a. Downtown Desian Standards Zone. Anv develooment which is less than 2.500
sauare feet or ten oercent of the building's sauare footaae. whichever is less.
b. Detail Site Review. Anv development in the Detail Site Review Zone. as defined
in the Site Review Standards adopted oursuant Chaoter 18.72. which is less than
10.000 sauare feet in aross floor area.
c. Commercial. Industrial and Non-residential Uses
i. All new structures. additions or exoansions in C-1. E-1. HC and M zones. not
within the Downtown Design Standards zone. that do not reauire new buildina
area in excess of 20% of an existing building's sauare footaae or 10.000 sauare
feet of aross floor area. whichever is less.
ii. Exoansion of imoervious surface area in excess of 10% of the area of the site or
1.000 sauare feet. whichever is less
iii. Exoansion of parkina lots. relocation of oarkina soaces on a site. or other
chanaes which alters circulation affectina adjacent orooerty or oublic right-of-
way.
iv. Anv chanae of occuoancv from a less intensive to a more intensive occuoancv.
as defined in the City buildina code. or any change in use which reauires a
areater number of oarking spaces.
v. Anv chanae in use of a lot from one aeneral use category to another aeneral
use category. e.a.. from residential to commercial. as defined by the zoning
reaulations of this Code.
vi. Any exterior chanae to a structure which reauires a building permit and is listed
on the National Reaister of Historic Places or to a contributina oropertv within
an Historic District on the National Reaister of Historic Places.
d. Residential
i. Two or more residential units on a sinale lot.
ii. All new structures or additions less than 10.000 sauare feet of aross floor area.
other than single-familv homes or accessory uses on individual lots
iii. Construction of attached sinale-family housing (e.a. town homes.
condominiums. row houses. etc.) in all zonina districts.
iv. Off-street parkina or landscaoina. in conjunction with an aporoved Performance
Standards Subdivision reauired bv ordinance and not located within the
boundaries of the individual unit Darcel (e.a. shared parkina).
v. Anv exterior chanae to a structure which reauires a buildina oermit and is listed
on the National Register of Historic Places.
2. Miscellaneous Actions.
1. rinal rlaA AflflF6val fur rcrf-orffiaAcE StaAaaras SUBai'Iisions.
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2. Site Reviews otAer tAaA tAose sUBject to a Cta~ PeFffiit Preeeeure OF TYlge II
PFoeeeure.
3. PartitioAS wAieA FeEjuire AO vaFiaAces OF oAly vaFiaAees Sl:lB-ject to TYlge I
I9Foeeel:lrcs.
g4. Amendments or modification to conditions of approval for Tvpe I planning
actions.
5. CFeatioA of a private way, as allowee iA sectioA 18.80.030.B.
b. Amendment or modification to conditions of aoproval for Type II actions where
the modification involves onlv chanGes to tree removal and/or building envelooe.
c. Phvsical and Environmental Constraints Review Permits as allowed in Chapter
18.62.
d. Tree removal permits as required by Section 18.61.042(D).
J6. Conditional Use Permits. The followina conditional use oermits are subiect to Tvoe
I review procedures:
a. Conditional use oermits involving existing structures or additions to existing
structures, and not involving more than three (3} residential dwelling units;-&
L -tlemporary uses.
c. EnlarGement. exoansion. etc. of nonconforming structures in accordance with
18.68.090(2).
d. Government siGns oer Section 18.96.150.
e. The followinG uses in Residential zones:
I. Accessory residential units
il. Daycare centers.
ill. Public and oublic utilitv buildinas. structures and uses less than 2.500 sauare
feet in buildinG footorint and disturbs less than 7.500 square feet of land.
iv. Structures in excess of 35 feet in R-3 zone.
v. All new structures. additions or exoansions that exceed MPFA in historic
district uo to 25%. but the addition is no laraer than 300 s.f. or 10% of the
existlna floor area. whichever is less.
vi. Hostels.
viI. Public Parkina Lots in the NM-C zone.
viil.Communitv Services in the NM-R15 zone.
f. The followina uses in Commercial or Industrial zones:
I. Electrical substations
il. Outdoor storage of commodities.
G. The followinG uses in the Health Care Services Zone:
i. Limited personal service oroviders in the home. such as beauticians and
masseurs.
il. Professionai offices for an accountant. architect. attornev. desiGner. enaineer.
insurance aaent or adiuster. investment or manaaement counselor or
survevor.
ill. Anv medicallv-related use. located on City-owned oroperty that is not
specificallv allowed by the Ashland Communitv Hosoital Master Facilitv Plan.
h. Conditionai uses in the Southern Oreaon Universitv District.
~+. Variances for:
a. Sign placement.
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.
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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.
5. Partitions and Land Divisions.
a. Partitions which reauire no variances or only variances subiect to Tvoe I
o roced u res.
b. Creation of a orivate wav. as allowed in section 18.80.030.B.
c. Final Plan Aooroval for Performance Standards Subdivisions.
8. The fellewing devclepfflent3 3ubjeet te the Site Desi~n anB U3e StanBarB3 in 3eetien
18.72.040.B:
a. Any change in U3e ef a lot froffl one ~eneral U3e eate~er'f te another ~enefal U3e
eate~ery, e.g., froffl re3iBential to eefflfflereial, a3 defined by the zonin~
fe~ulatien3 of thi3 Code.
b. Any re3idential U3e which re3ult3 in feClr B'^,c1lin~ unit3 or ff10re 019 a lot.
e. All new 3trueturC3 er addition3 ~reater than 2,500 3quare feet, except fer
devclepfflent3 incfuBed in 3eetion 18.108.030.A.6.
.69. Any other planning action designated as subject to the Type I Procedure.
7. Prior to the Staff Advisor oroviding notice of application and makina a decision.
aoolicants or the Staff Advisor may reauest olanning actions subject to a Tvoe I
orocedure be heard bv the Commission or Hearinas Board. In such case. the Staff
Advisor shall not make a decision and shall schedule a hearina before the
Commission or Hearinas Board to be heard as provided in section 18.108.050.
B. Notice of Aoolication. Tiffle Lifflit3, Notice anB Hcarin~ Reejuirement3. Applications
sul7jeet te the Type I Procedure 3hall be precessed a3 follows:
1. Within 10 days of the city's determination that an apolication is complete. but no less
than 20 days before the Staff Advisor makes a decision. written notice of the
aoolication shall be mailed to all of the following:
a. Aoolicant.
b. Owners of the subiect orooertv.
c. Owners of oroperties located within 200 feet of the perimeter of the subiect
orooertv.
d. Neiahborhood arouo or community oroanization officiallv recoanized bv the city
council that includes the area of the subiect oroperty.
e. For final oartitions. final subdivisions. and final Outline Plans. to interested oarties
of record from the tentative decision.
f. For modification apolications. to persons who requested notice of the oriainal
aoolication that is beina modified.
2. The written notice shall include all of the followina:
a. The street address or other easilv understood aeoaraohical reference to the
subject prooertv.
b. The aoolicable criteria for the decision. listed bv common Iv used citation.
c. The olace. date. and time that comments are due.
d. A statement that cooies of all evidence relied uoon by the aoolicant are available
for review. and can be obtained at cost.
e. A statement that issues that may provide the basis for an aooeal to the Land Use
Board of Aooeals must be raised in writina and with sufficient soecificity to enable
the decision maker to resoond to the issue.
f. The name and ohone number of a city contact person.
a. A brief summary of the local decision makina process for the decision being
made.
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3. Posted Notice. A notice shall be oosted on the subject orooerty in such a manner as
to be c1earlv visible from a oublic rioht-of-wav. Postino shall occur no later than the
date of mailino notice of aoolication.
3. Notices shall allow a 14-dav period for the submission of written comments. starting
from the date of mailino. All comments must be received bv the citv within that 14-
dav oeriod.
C. Decision. Within 45 davs of the citv's determination that an aoolication is comolete.
unless the apolicant aorees to a lonoer time oeriod. the Staff Advisor shall aoorove.
conditionallv aoorove. or deny a Tvoe I aoplication.
D. Notice of Decision.
1 Within 5 days after the Staff Advisor renders a decision. the citv shall mail notice of
the decision to the followino:
a. Applicant.
b. Owner and occuoants of the subject orooerty.
c. Neighborhood grouo or community oroanization officiallv recognized bv the city
that includes the area of the subject oropertv.
d. Anv grouo or individual who submitted written comments durino the comment
oeriod.
e. Those oroups or individuals who requested notice of the decision.
f. Prooerty owners and occuoants of oropertv located within 200 feet of the
perimeter of the subject orooerty.
2. The notice shall include all of the followino:
a. A descriotion of the nature of the decision of the Staff Advisor.
b. An exolanation of the nature of the apolication and the orooosed use or uses
which could be authorized.
Co The street address or other easily understood oeooraphical reference to the
subject orooerty.
d. The name of a citv reoresentative to contact and the teleohone number where
additional information may be obtained.
e. A statement that a coov of the aoolication. all documents and evidence submitted
bv or on behaif of the aoolicant and aoplicable criteria are available for insoection
at no cost and will be orovided at reasonable cost.
f. A statement that anv oerson who is adverselv affected or aogrieved or who was
mailed a written notice of the Staff Advisor's decision mav re~uest
reconsideration or aopeal as orovided in ALUO 18.108.070(B)(2).
o. A statement that the Staff Advisor's decision will not become final until the oeriod
for filino a local aooeal has exoired.
h. An exolanation that a oerson who is mailed written notice of the Staff Advisor's
decision cannot appeal directly to LUBA.
3. Unless the decision is reconsidered or aopealed according to the procedures in ALUO
18.108.070(B)(21. the Staff Advisor's decision is effective on the 13th dav after notice
of the decision is mailed.
1. COffi('lletc a('l('llicatiefls sAall Be revicwcd at tAC first rc!:!ularly sCAeEluled Ceffiffiission
meetin!:! ''''Aicl1 is Acid at least 30 days after tAe SUBffiissiofl ef tAe ceffi('llcte
a('l('llicatiofl.
2. WitAifl 14 days aftcrreeeipt ef a eeffi('llete a('l('llicatiefl, tAc Staff AElvisor sAall
a('l('lreve, a('l('lrove witA eeflditiefls or deflY tAc a('l('llicatien ufllcss sUCA tiffie liffiitatiefl
is exteflded '",itA tAc cOflseflt ef tAe a('l('llicaflt. Tl1c Staff AElvisor sAall eflter fifldings
and ceflclusiofls te justify tl1e dccisiofl.
3. Noticc of tAe deeisien sAall BC ffiailed 'NitAifl sevefl days ef tAe deeisiofl te tAc
perseflS dcscriBed ifl sectiefl 18.108.030.B.3. TAe fleticc sAall cefltaifl tAc iflferffiation
refluircd ifl seetien 18.108.030.B.2 ('llus a statefficflt tAat ufllcss a ('luBlie Aeariflg is
requested, tAe actiefl will BC rcvicweEl BY tAc Ceffiffiissiefl. Persefls te WAOffi tl1e
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Ashland Land Use Ordinance, Proposed Draft Amendments
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noticc is mailcd sAall Aavc 10 days freffi tAC eatc of mailing in .....hich to rel'lucst a
public Aearing Ilefare tAe COffiffiission, Rel'lucsts far a flulllie Aearing sAall conforffi to
tAe rel'lUirefficnts of section 18.108.030.B. ~.
4, If a rel'lucst far a flulllic AcariFlg is tiffiely received, a flulllic Acaring shall bc
sCAeeuled f-er tAe ncxt rcgular COffimissioFl or IleariFlgs Boare ffiectiFlg allowing
adcl'luatc tiffic to eOffiflly witA tAe noticc rCl'lUircffients of scctien 18.108.080. TAC
flullllc Acaring shalllle in accore with the rel'luircfficnts ef scctien 18.108.100.
5. If ne rlcl'lucst far a public Acaring is tifficly rcccivcd, tAC eecision sAall Ile rcvicwcd
by tAC Ceffiffiission or Hearings Board at its first rcgularly sCAeeulce fficeting 30
days aftcr sullffiission of thc aflplication. Thc Ceffiffiission or Beare ffiay:
a. Afficne thc dccision; in SUCA casc, tAC action sAall Ilc rc noticcd as a T'fflc I
decisien, witA a 7 day flcriee 'NitAin '''''Aich to rel'lucst a flublic Aearing, exccflt
that thc COffiffiissien sAall not review tAe eccisien again sAould tAere Ilc no such
rCl'luest filed.
b. Initiate a flubllc hearing of tAc eccision, threugA a majority vete of those in
atteneance, te be Aeare at the fallewing ffionth's regularly sCAceulcd Ceffiffiission
or Beard fficeting.
c. Takc no actien at tAe fficcting .....hcn tAe eecision is schedulee on tAC agenea. In
SUCA casc tAe eecision is fiFlal tAe ncxt eay.
6. Prior to the Staff Aeviser ffiaking a decisien, aflfllicants or thc Staff Aevisor may
rel'luest planning actiens subject to a Typc I flfOcceurc Ile hcard by tAe Ceffiffiission or
Beard. In such casc, thc Staff Ae'..isor sAall not ffiakc a eccision and sAall sCAceulc a
Acaring bcf-erc tAC Comffiissien er Beare to bc Aeard as flreviecd in sectien 18.108.040.B.4.
Amend Section 18.108.050. Tvee 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 appeal flulllic Acaring of a Staff Advisor decision. includina a Type I Plannina
Action or Interoretation of the Ashland Land Use Code, rcsulting freffi tAC Staff
Perffiit Pr6cceurc.
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. The Staff Advisor. acting under the authoritv of ORS 227,165. mav hold an initial
evidentiarv hearina on Tvpe II applications once thev are deemed comelete. The
Staff Advisor shall transmit cooies of the record develooed at the hearing to the
Commission for additional oubllc hearina. deliberation and decision. The Staff
Advisor is not authorized to make decisions on Tvpe II applications,
Zlc. Complete applications shall be heard at iLtAC first regularly scheduled Commission
meeting which is held at least 30 days after the submission of the complete
application.
~~. Notice of the hearing mailed as provided in section 18.108.080.
1;3. Public hearingLs} shall be held before the Commission and/or Staff Advisor in accord
with the requirements of section 18.108.100.
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Amend Section 18.108.060. TVDe III Procedures
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
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 18.108.100.
2. for fllaAniAg actieA3 eC3cribcG iA 3cctioA 18.108.060.A. 1 aAG 2, tFic ComA9i33ion
3Fiall l1avc tl1c autl10rity to takc 3UCl1 actioA a3 i3 Acce330ry to A9akc tl1c aA9cAdA9cAt3
to A9afl3 aAd ZOAC3 a3 a roult ef tl1c dcci31eA '"itl1eut furtl1cr action freA9 tl1c Council
unlc33 tl1c dcci3ioA i3 apflcalcd. Tl1c dcci3ien of tl1c C0A9A9i33ien A9ay bc aflflcalce to
tl1c CouAcil a3 flroviece in 3cction 18.108.110.
3;1,. For fllaAAiAg actien3 dC3cribce iA 3ectieA 18.108.0GO.A. 3 aAe 2, tThe Commission
shall make a report of its findings and recommendations on the proposed action.
Such report shall be forwarded to the City Council within 45 days of the public
hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 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.
Amend Section 18.108.070. Effective Date of Decision and ADDeals.
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 Beeision!lExDedited Land Divisions. Unless aDDealed within 14 days
of mailing a notice of decision, the Staff Advisor decision becomes final on the 15th
dav. ADDeals shall be considered as set forth in ALUO 18.108.030rC) and ORS
197.375. UAlc33 a reCjuc3t for a flublic l1eariAg i3 A9aec, tl1c fiAal ec€:i3ieA ef tl1c City
for fllaAAiAg a€:tieA3 rC3ultiAg freA9 tl1c Staff I'crA9it flrecceure 311all bc tl1c Staff
Advi30r ecci3ion, wl1icl1 311all bc cffcctivc tCA eaY3 after tl1c Bate ef ecci3ioA. If I1card
by tl1c CeA9A9i33ion er Beare, tl1c CeA9A9i33ieA er Beare ecci3ieA 311all bc tl1c fiAal
dcci3ion ef tl1c Cit, en 3u€:11 A9attcr3, cff-ectivc 15 eaY3 aftcr tl1c fiAcliAg3 aclefltcd by
tl1c CemA9i33ioA arc 3igAcd b't tl1c Cl1air ef tl1c CeA9A9i33ieA aAd A9ailcd te tl1c
paFtic3.
2. Type I Planning Actions.
a. Effective Date of Decision. UAlc33 a rCCjuc3t fer a flubli€: I1cariAg i3 A9aec, tThe
final decision of the City for planning actions resulting from the Type I Planning
Procedure shall be the Staff Advisor decision, effective on the 13th day after
notice of the decision is mailed 3cl1ceulce to bE rcviEwEe by tl1c C0A9mi33ien or
Beard. If a flubl!c I1cariAg 13 l1c1e by tilE CeA9A9i33IeA er Beare, tl1c eEci3ieA of tl1c
C0A9A9i33ioA or Beare 311all bc tl1c fiAal eEci3ieA ef tl1c City, unless
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Ashland Land Use Ordinance, Proposed Draft Amendments
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reconsideration of the action is aooroved bv the Staff Advisor or appealed to the
CouAcil Commission as provided in section 18.108.070(B)(2)(c).1l0.A.
b. Reconsideration. The Staff Advisor mav reconsider Tvoe I olannino actions as
set forth below.
i. Anv Darty entitled to notice of the olannino action. or anv Citv Agencv may
request reconsideration of the action after the decision has been made by
oraviding evidence to the Plannino Director that a factual error occurred
throuoh no fault of the oartv asking for reconsideration. which in the ooinion
of the director. might affect the decision. Reconsideration re~uests are
limited to factual errors and not the failure of an issue to be raised bv letter
or evidence durino the ooportunitv to orovide oublic input on the aoolication
sufficient to afford the Staff Advisor an oooortunitv to resoond to the issue
orior to making a decision.
ii. Reconsideration re~uests shall be received within five (5) days of mailing.
The Planning Director shall decide within three (3) days whether to reconsider
the matter.
iii. If the Plannino Director is satisfied that an error occurred crucial to the
decision. the Director shall withdraw the decision for ourposes of
reconsideration. The Planning Director shall decide within ten (10) days to
affirm. modify. or reverse the original decision. The Director shall send notice
of the reconsideration decision to affirm. modify. or reverse to any Darty
entitled to notice of the olannino action.
iv. If the Director is not satisfied that an error occurred crucial to the decision.
the Director shall deny the reconsideration re~uest. Notice of denial shall be
sent to those parties that requested reconsideration.
c. ADDeal.
LIf a l'lul3lic heariA~ i3 hcld, tWithin twelve (12) days of the date of the mailing
of the Planning Director's final decision. includino any aooroyed
reconsideration request. the decision may be aooealed to the Plannino
Commission by any party entitled to receiye notice of the planning action.
The appeal shall be submitted to the Planning Commission Secretary on a
form approyed by the Citv Administrator. be accomoanied bv a fee
estabiished pursuant to City Council action. and be received by the city no
later than 4:30 p.m. on the 12th day after the notice of decision is mailed.
ii. If an appellant prevails at the hearinG or upon subse~uent aooeal. the fee for
the initial hearing shall be refunded. The fee re~uired in this section shall not
apply to appeals made by neighborhood or community oroanizations
recoonized by the city and whose boundaries include the site.
iii. The appeal shall be considered at the next reoular Plannino Commission or
Hearings Board meetino. The appeal shall be a de noyo hearinG and shall be
considered the initial evidentiary hearinG re~uired under ALUO 18.108.050
and ORS 197.763 as the basis for an appeal to the Land Use Board of
Appeals. The Planning Commission or Hearings Board fifte1-decision on appeal
shall be effectiye U5 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.
iv. The appeal re~uirements of this section must be fully met or the aopeal will
be considered by the city as a iurisdictional defect and will not be heard or
considered.
d. Final Decision of City. The decision of the Council Commission shall be the
final decision of the City on appeals heard by the CouncilCommission on Tyoe I
Plannino actions, effective the day the findings adopted by the CouAcil
Commission are signed by the P1ayor Chair and mailed to the parties.
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Ashland Land Use Ordinance, Proposed Draft Amendments October 12, 2007
3. Type II Planning Actions.
<L- The decision of the Commission is the final decision of the City resulting from the
Type II Planning Procedure, effective 1J5 days after the findings adopted by the
Commission are signed by the Chair of the Commission and mailed to the parties,
unless reconsideration of the action is authorized as Drovided in Section (b) below
QLappealed to the Council as provided in section 18.108.1l0.A.
b. Reconsideration.
I. Anv Darty entitled to notice of the plannina action. or any City Aaencv may
reauest reconsideration of the action after the Plannina Commission final
decision has been made bv Droviding evidence to the Plannina Director that a
factual error occurred through no fault of the Dartv askina for reconsideration.
which in the oDinion of the director. might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an
issue to be raised by letter or evidence durina the oDDortunitv to Drovide
Dublic inDut on the aDplication sufficient to afford the Staff Advisor an
opDortunitv to resDond to the issue Drior to makina a decision.
il. Reconsideration reauests shall be received within five (5) days of mailing.
The Plannina Director shall decide within three (3) days whether to reconsider
the matter.
iil. If the Planning Director is satisfied that an error occurred crucial to the
decision. the Director shall schedule reconsideration with notice to
DarticiDants of the matter before the Plannina Commission. Reconsideration
shall be scheduled before the Plannina Commission at the next reaularly
scheduled meetina. Reconsideration shall be limited to the Dortion of the
decision affected bv the facts not raised during the open Dublic hearina and
record.
iv. Reaardless of who files the reauest for reconsideration. if the apDlicant has
not consented to an extension of the time limits (120 day rule) as necessarv
to render a decision on the reconsideration. the reconsideration shall be
denied bv the director.
v. The Plannina Commission shall deCide to affirm. modify. or reverse the
original decision. The Plannina Commission Secretary shall send notice of the
reconsideration decision to anv Dartv entitled to notice of the Dlannina action.
~ 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.l 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 18.108.1l0.A. The final decision shall be effective lJ5
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 Rcaring and decision
upon motion and majority vote, provided such vote takes place in the required
aDDeal tiffle-period, a3 6utlinee below. Unless the Dlanning action is aDDealed and a
Dublic hearina is required. the Citv Council review of the Planning Action is limited to
the record and Dublic testimony is not allowed. The City Council may affirm. modify
or reverse the decision of the Planning Commission. or mav remand the decision to
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
the Plannina Commission for additional consideration if sufficient time is oermitted
for makina a final decision of the city. The Citv Council shall make findinas and
conclusions and cause cooies of a final order to be sent to all parties of the olanning
action.
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.
Amend Section 18.108.080. Public Hearina Notice
Public notice for hearings before the Staff Advisor. 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 hcaring has Becn rCflucsted
undcr the Staff rcrffiit J'lfacedure. In sueh case the notice shall BC mailed only to
owners within 100 f-ect of thc sus-ject propert'f.
C. Posted Notice. ExccJ'lt fer Staff rermit rrocedurc J'llanning actions, a8 notice, as
described in this subsection, shall be posted on the subject property by the applicaAt city
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 COffiffiission ffiCCtiAgoublic hearina. Failure by the aJ'lJ'llicant Qtt...to
post a notice, or post in clear view from a publiC right-of-way shall be considered an
incomplete application. The applicant Qtt...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.
F. Whenever it is demonstrated to the Staff Advisor that:
1. The city did not mail the notice required in 9 18.108.030.B;
Amend Section 18.108.110. Aooeal to Council
A. Appeals of TyJ'lc I decisions for which a hcaring has Been held, of Type II decisions or of
Type III decisions described in sSection 18.108.0GO.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 J'lay thc Appeal fcc at thc tiffiC Ithe appeal
reauirements of Section 18.108.110 must be fullv met or the appeal will be considered
bv the citv as is filed is a jurisdictional defect and will not be heard or considered.
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.
3. The notice of appeal, together with notice of the date, time and place of thc hcaring
_to consider the appeal by the Council shall be mailed to the parties at least 20
days prior to the heariAgmeeting.
4. The appeal shall be based solely "on the record" established before the Plannino
Commission. The aooeal shall not be subiect to a oublic hearino and additional
evidence. However. if in the determination of the Citv Administrator that a factual
error occurred or additional substantive information mioht affect the outcome of the
decision. the City Council mav acceot additional testimonv limited to these facts and
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
information as set forth in a notice of apoeal. The Council. or the Mavor in the
absence of Council rules. may set forth the procedure for the conduct of "on the
record" aooeals. a Efe Fleve eviEfeFltiary hcariFl!l.
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 CouFleil, by ffiajority vete.
J4. Persons who were entitled to receive notice of the action but did not receive notice
due to error.
Amend Section 18.108.160. Ordinance Interoretations
A. When in the administration of the Land Use Ordinance there is clear doubt regarding its
intent, the suitability of uses not specified or the meaning of a word or phrase, the
planninQ director is authorized to interoret this land use code and decisions issued
oursuant to this land use code. Anv person mav request an interoretation by submitting
such request on a written form aooroved by the citv administrator and accomoanied by
a fee established bv the citv council. Within twentv (20) davs of receipt of the written
request. the olanning director shall make a written interoretation and mail or deliver a
CODy to the oartv reQuestinQ the interoretation. the PlanninQ Commission and City
Council. Apoeals of these interoretations shall be heard bv the PlanninQ Commission in
the manner set out in ALUO 18.108.050.
B. The PlanninQ Director Staff AEf',isor may iFltcrprct the provisioFl in writiFl!l or refer the
provisiOFl interoretation request directlv to the Commission for interpretation. The
Commission shall issue an interpretation in writing to resolve the doubt.
LNeither the Staff Adviser'sPlanning Director'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.
DB. Unless the Pianning Commission bv maiority vote chooses to review the 'Ffte
interpretation of the Staff Advisor Planning Director. or the interoretation is apoealed
oursuant to Section 18.108.160!A). or the Citv Council directs the PlanninQ Commission
to review the interpretation, the interoretation decision is final. shall be fer'NardeEf to
N'te Uoon review. the Planning Commission wfle-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.
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Ashland Land Use Ordinance, Proposed Draft Amendments
October 12, 2007
Section 24, Amend Chapter 18.112, ENFORCEMENT
Amend Section 18.112.030. Revocation--oermit exoiration
Any zoning permit, planned uRit dcvelef)fficRt f)Cfffiit, site desian review. conditional use
permit, or variance granted in accordance with the terms of this Title shall be deemed
revoked if not used within one year from date of approval. Said permit shall not be deemed
used until the permittee has actually obtained a building permit, and commenced
construction thereunder, or has actually commenced the permitted use of the premises. The
Staff ""advisor to thc rlaRRiRg CeffimissieR may grant an extension te this timc f)cried
sul9-jcct to thc TYf)c 1 f)roccdurc set forth iR Chaf)tcr 18.108 of this Title of the aporoval
under the followina conditions:
1. One time extension no lonaer than eiahteen (181 months is allowed.
2. The Staff Advisor shall find that a chanae of conditions for which the applicant was
not resoonsible prevented the aoolicant from comoleted the develooment within the
oriainal time limitation.
3. Land Use Ordinance reauirements applicable to the development have not chanaed
since the original approval. An extension mav be aranted. however. if requirements
have chanaed and the aoolicant agrees to complv with any such chanaes.
Amend Section 18.112.040. Revocation-conditions violated
Any zoning permit, olannina action. f)laRRcd unit devclef)fficRt pcrrnitoutline or final plan
under the oerformance standards options, subdivision aoproval. site design approval.
conditional use permit, or variance granted in accordance with the terms of this Title may
be revoked if any of the conditions or terms of such permit or variance are violated or if any
law or ordinance is violated in connection therewith.
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