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Home My WebLink About2959 Arterial Setbacks - Amends ORD 2836 ORDINANCE NO. ~959 AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836 Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730,734 (1975; and WHEREAS, Section 18.68.050 of the City of Ashland Municipal Code currently provides for a special 20 foot setback on Arterial Streets; and WHEREAS, Planning staff sent notice to the DLCD in accordance with ORS 197.610 on February 22, 2008; and WHEREAS, the Planning Commission considered the proposed amendment at a duly advertised hearing on April 8, 2008 and recommended approval of the ordinance; and WHEREAS, the City Council considered the proposed amendment at a duly advertised hearing on May 20, 2008 and following review of the staff report, and after considering public input and the evidence in the record as a whole, the Council conducted first reading of the Ordinance and moved the Ordinance to Second Reading; and WHEREAS, on July 01,2008 the City Council conducted Second Reading of the Ordinance and approved adoption of the Ordinance; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to modify this setback as regards certain arterial streets; namely Lithia Way, and Arterial Setback Ordinance: July 01, 2008 Second Reading Page 1 of 16 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.68.050 of the Ashland Municipal Code is amended to read as follows: 18.68.050Arterial Street Special Setback Requirements. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street East Main Street, between City limits and Lithia Way Ashland Street (Highway 66) between City limits and Siskiyou Boulevard Setback 35 feet 65 feet Also, front yards for properties abutting all arterial streets shall. be no less than twenty (20) feet, with the exception of the C-1-D district and properties abuttintl Lithia Way in the C-1 district. SECTION 2. Section 18.88.020. K [Definitions - Street Standards] of the Ashland Municipal Code is amended to read as follows: K. Street Standards. All standards under 18.88.050 and all AU standards in the City of Ashland Street Standards Handbook as adopted in Ordinance 2836 and as amended by Ordinance ~f5&f rJuly 01. 20081 are specifically incorporated herein and made a part hereof by this reference. and standards under 18.88.060. SECTION 3. The Ashland Street Standards Handbook, Table 1 on page 20, as adopted by Ordinance 2836 is hereby amended to read as follows: TYPE OF STREET ADT R.O.W. CURB- TO- MOTOR MEDIAN WIDTH CURB VEHICLE AND/OR PAVEMENT TRA VEL CENTER WIDTH LANES TURN LANE 2-Lane Boulevard 8,000 to 61'.87' 34' 11' none BIKE PARK- CURB LANES ING on on on both both both sides sides sides 2at6' in 8' 6" ~~.'.8. each bays Page 2 of 16 Table 1: City of Ashland Street Design Standards4 WITHIN CURB- TO-CURB AREA Arterial Setback Ordinance: July 01, 2008 Second Reading 3-Lane Boulevard 30,000 73'-99' 46' 11' 12' 2at6' in S' 6" ~5.-8. 1 6'.10' 2 each bays 5-Lane Boulevard ADT 95'-121' 6S' 11' 12' 2at6' in S' 6" ~~.'-S. 1 6'-10,2 each bays 2.Lane Avenue 3,000 to 59'.S6' 32'.33' 10'-10.5' none 2at6' in S' 6" ~~.'-S' 1 6'-10.2 each bays 10,000 3-Lane Avenue ADT 70.5'- 43.5'-44.5' 10'-10.5' 11.5' 2at6' in S' 6" ~~.'-S' 1 6'-10.2 97.5' each bays Neighborhood Collector, Residential 1,500 to NA NA3 No Parking 5,000 49'-51' 22' 11' none 6" S' 5'-6' Parking One Side ADT 50'-56' 25'-27' 9'-10' one 7' 6" 7'-S' 5'-6' lane Parking Both Sides 57'-63' 32'-34' 9'-10' two 7' 6" 7'.S' 5'-6' lanes Neighborhood Collector, Commercial Parallel Parking One Side 55'-65' 2S' 10' oneS' 6" ~~.'-S' 1 6'-10,2 lane Parallel Parking Both Sides 63'.73' 36' 10' twoS' 6" ~~'-S. 1 6'_10.2 lanes Diagonal Parking One Side 65'-74' 37' 10' one 6" ~~'_S" 6'-10.2 17' lane Diagonal Parking Both Sides S1'.91' 54' 10' two 6" ~~'-S' 1 6'-10,2 17' lanes Neighborhood Street, NA3 Residential less NA than Parking One Side 1,500 47'-51' 22' 15' one 7' 6" 7'-S' 5'.6' Queuing lane Parking Both Sides ADT 11'-14' 50'-57' 25'-2S' Queuing two 7' 6" 7'-S' 5'-6' lanes Alley NA 16' 12'paved NA NA NA none none none none width, 2' strips on both sides Multi-Use Path N.4 ....... ...-. -. ~_. N.4 NA NA none none none none ~ - width, 2'-4' - r----- strips on ~ both sides r--...... 7" ( 1 hard scape parkrow with tree wells shaH be used in commercial areas 2 6' sidewalk shall be installed in residential areas, S'-10' sidewalk shall be instaHed in commercial areas '" bike lanes are generally not needed on low volume (less than 3,000 AD7J and/or low travel speed (Less than 25mph) street ;-- 1 7'. 8' landscaDe Darkrow shall be installed in residential areas, A 5' hardscape parkrow with tree wells shall be used installed in commercial areas. Arterial Setback Ordinance: July 01, 2008 Second Reading Page 3 of 16 -rr--T- 2 6' sidewalk shall be installed in residential areas, 8'-10' sidewalk shall be installed in commercial areas. A 10' sidewalk shall be reQuired on Boulevards (arterial) streets in the Downtown Design Standards Zone. 3 bike lanes are generally not needed on low volume (less than 3,000 AD T) and/or low travel speed (Less than 25mph) streets 4 All dimensions and ranges in the City of Ashland Street Design Standards reoresent minimum standards or ranges for the imorovements shown. The aooroval authority may reQuire a dimension within a soecified range based uoon intensity of land use. existing and oroiected traffic and oedestrian volumes or when suooorted through other aoolicable aooroval standards. The aooroval authority may aoorove dimensions and ranges greater than those shown when volunteered by the aoolicant. SECTION 4. The Ashland Street Standards Handbook, Street Design Standards, (pages 21 to 30), as adopted by Ordinance 2836. are hereby amended to read as follows: Street Design Standards A description of street design standards for each street classification follows. For an abbreviated presentation of the street right-of-way standards, see Table 1. All elements listed are required unless specifically noted. All dimensions and ranges in the City of Ashland Street Desian Standards reDresent minimum standards or ranaes for the imorovements shown. The aooroval authority may reQuire a dimension within a soecified ranae based uoon intensity of land use. existing and oroiected traffic and oedestrian volumes or when suooorted throuah other aoolicable aooroval standards. The aooroval authority may aoorove dimensions and ranaes areater than those shown when volunteered by the aoolicant. Approval Standards: New and reconstructed streets shall conform to the following design standards. Boulevard Boulevards are major thoroughfares filled with both human and vehicular activity. Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the boulevard's use as a public space. Design should start with the assumption that the busy nature of a boulevard is a positive factor and incorporate it to enhance the street scape and setting. A 2-lane, 3- Arterial Setback Ordinance: July 01, 2008 Second Reading Page 4 of 16 lane, or 5-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses. Street Function: Provide access to major urban activity centers and provide connections to regional traffic ways such as Interstate 5. Traffic without a destination in Ashland should be encouraged to use regional traffic ways and discouraged from using boulevards. Connectivity: Connects neighborhoods to urban activity centers and to regional traffic ways such as Interstate 5. Average Daily Traffic: 8,000 - 30,000 motor vehicle trips per day Managed Speed: 25 mph - 35 mph Right-of-Way Width: . 61' - 87' for 2-Lane . 73' - 99' for 3-Lane . 95' - 121' for 5-Lane Curb-to-Curb Width: . 34' for 2-Lane . 46' for 3-Lane . 68' for 5-Lane Motor Vehicle Travel Lanes: . Two 11' travel lanes for 2-Lane . Two 11' travel lanes, one 12' median/center turn lane for 3-Lane . Four 11' travel lanes, one 12' median/center turn lane for 5-Lane Bike Lanes: Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic. Parking: In 8' - 9' bays Curb and Gutter: Yes 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkro~/" \yith street trees planted in ~...~ells shall be used in commercial areas. Arterial Setback Ordinance: July 01, 2008 Second Reading Page 5 of 16 . 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: &' on both sides in residential areas, 8' 10' on both sides in commercial areas . 6' on both sides in residential areas. . 8' - 10' on both sides in commercial areas. A 10' sidewalk shall be reQuired on Boulevards in the Downtown Desian Standards Zone. A venue Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle access from neighborhoods to neighborhood activity centers and boulevards. Avenues are similar to boulevards, but are designed on a smaller scale. Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the avenue's use as a public space. A 2-lane, or 3-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses. Street Function: Provide access from neighborhoods to neighborhood activity centers and boulevards. Connectivity: Connects neighborhoods to neighborhood activity centers and boulevards. Average Daily Traffic: 3,000 - 10,000 motor vehicle trips per day Arterial Setback Ordinance: July 01, 2008 Second Reading Page 6 of 16 Managed Speed: 20 mph - 25 mph Right-of-Way Width: . 59' - 86' for 2-Lane . 70.5' - 97.5' for 3-Lane Curb-to-Curb Width: . 32' - 33' for 2-Lane . 43.5' - 44.5' for 3-Lane Motor Vehicle Travel Lanes: . Two 10' - 10.5' travel lanes for 2-Lane . Two 10' - 10.5' travel lanes, one 11.5' median/center turn lane for 3-Lane Bike Lanes: Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic Parking: In 8' - 9' bays Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkro\a, \4...ith street trees planted in \fJells shall be used in commercial areas. . 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 5' hardscape parkrowshall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Oesian and Use Standards. Arterial Setback Ordinance: July 01, 2008 Second Reading Page 7 of 16 Sidewalks: 5' on both sides in residential areas, 8' 10' on both sides in commercial areas . 6' on both sides in residential areas. . 8' - 10' on both sides in commercial areas. Neighborhood Collector Neighborhood Collectors provide access to neighborhood cores and gather traffic from various parts of the neighborhood and distribute it to the major street system. Different configurations with several on-street parking options are provided for residential and commercial areas. Residential Neighborhood Collector Street Function: Provide access in and out of the neighborhood. Connectivity: Collects traffic from within residential areas and connects these areas with the major street network. Average Daily Traffic: 1,500 to 5,000 motor vehicle trips per day Managed Speed: 15 mph - 20 mph Right-of-Way Width: . 49' - 51' for No On-Street Parking . 50' - 56' for Parking One Side . 57' - 63' for Parking Both Sides Curb-to-Curb Width: . 22' for No On-Street Parking . 25' - 27' for Parking One Side . 32' - 34' for Parking Both Sides Motor Vehicle Travel Lanes: . Two 11' travel lanes for No On-Street Parking . Two 9' - 10' travel lanes' for Parking One Side and Parking Both Sides Bike Lanes: Generally not needed on low volumellow travel speed streets. If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane shall be required. Arterial Setback Ordinance: July 01, 2008 Second Reading Page 8 of 16 Parking: . One 7' lane for Parking One Side . Two 7' lanes for Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane. Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: . 8' parkrow on both sides for No On-Street Parking . 7' - 8' parkrows on both sides for Parking One and Both Sides Sidewalks: 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic Commercial Neighborhood Collector Street Function: Provide access in and out of neighborhoods and to neighborhood core with shopping and services. Connectivity: Collects traffic from within residential areas. Provides neighborhood shopping opportunities and connects these areas with the major street network. Average Daily Traffic: 1,500 to 5,000 motor vehicle trips per day Managed Speed: 15 mph - 20 mph Right-of-Way Width: . 55' - 65' for Parallel Parking One Side . 63' - 73' for Parallel Parking Both Sides . 65' - 74' for Diagonal Parking One Side . 81' - 91' for Diagonal Parking Both Sides Curb-to-Curb Width: . 28' for Parallel Parking One Side . 36' for Parallel Parking Both Sides . 37' for Diagonal Parking One Side . 54' for Diagonal Parking Both Sides Arterial Setback Ordinance: July 01, 2008 Second Reading Page 9 of 16 Motor Vehicle Travel Lanes: Two 10' travel lanes Bike Lanes: Generally not needed on low volumellow travel speed streets. If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane may be needed. Parking: . One 8' lane for Parallel Parking One Side . Two 8' lanes for Parallel Parking Both Sides . One 17' lanes for Diagonal Parking One Side . Two 17' lanes for Diagonal Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane. Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkrovJ-,..a.."ith street trees planted in ~:Jells shall be used in commercial areas. 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance With the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: Neighborhood Street Neighborhood Streets provide access to individual residential units and neighborhood commercial areas. Different configurations with several on-street parking options are provided for residential and commercial areas. Arterial Setback Ordinance: July 01, 2008 Second Reading Page 10 of 16 Neighborhood Street Street Function: Connectivity: Average Daily Traffic: For use in the following single-family residential zones - WR (Woodland Residential), RR - 1 and RR - .5 (Low Density Residential, and R-1-3.5, R-1-5, R-1-7.5 and R-1-10 (Single- Family Residential) unless specifically noted. Provide access to individual residential units and commercial areas. Connects to higher order streets. 1,500 or less motor vehicle trips per day Managed Speed: 10 mph - 20 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: . 47' - 51' for Parking One Side . 50' - 57' for Parking Both Sides . 22' for Parking One Side . 25' - 28' for Parking Both Sides . One 15' queuing lane for Parking One Side . One 11' queuing lane for Parking Both Sides in the R-1 zone, One 14' queuing lane for Parking Both Sides in higher density residential areas (i.e. R-1-3.5, R-2 and R- 3) On local residential streets with adequate off-street parking, a single 14' wide traffic lane may be permitted for both directions of vehicle traffic. The single traffic lane is intended to create a "queuing street" such that when opposing vehicles meet, one of the vehicles must yield by pulling into a vacant portion of the adjacent parking lane. This queuing effect has been found to be an effective and safe method to reduce speeds and non-local traffic. Generally not needed on low volumellow travel speed streets. . One 7' lane for Parking One Side . Two 7' lanes for Parking Both Sides Arterial Setback Ordinance: July 01, 2008 Second Reading Page 11 of 16 Parking may be provided in 7' bays rather than a continuous on-street parking lane. Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: · 8' parkrow in residential areas on both sides for No On- Street Parking. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 7' - 8' parkrows in residential areas on both sides for Parking One and Both Sides. Street trees shall be plated in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic Alley The alley is a semi-public neighborhood space that provides access via the rear of the property. The use of alleys eliminates the need for front yard driveways and provides the opportunity for a more positive front yard street scape, allows the street located adjacent to the front of properties to be designed using a narrow width with limited on-street parking, and creates the opportunity for the use of narrower lots to increase residential densities. Alleys are appropriate in all residential areas and in some commercial areas for business frontage. Alleys provide access and delivery depending on the circulation pattern of the area. Street Function: Provide rear yard access and delivery to individual residential and commercial properties, and an alternative utility placement area. Connectivity: Connects to all types of streets. Average Daily Arterial Setback Ordinance: July 01, 2008 Second Reading Page 12 of 16 Traffic: Not applicable Managed Speed: Not applicable, motor vehicle travel speeds should be below 10 mph Right-of-Way Width: 16' Pavement Width: 12' with 2' graveled or planted strips on side Motor Vehicle Travel Lanes: Not applicable Bike Lanes: Not applicable, bicyclists can easily negotiate these low use areas Parking: No parking within the right-of-way Curb and Gutter: Not curb, use inverse crown Parkrow: Not applicable Sidewalks: Not applicable, pedestrians can easily negotiate these low use areas Multi-use Path Multi-use paths are off-street facilities used primarily for walking and bicycling. These paths can be relatively short connections between neighborhoods (neighborhood connections), or longer paths adjacent to rivers, creeks, railroad tracks and open space. Function: F or pedestrians and bicyclists, provide short connections between destinations and longer paths in situations where a similar route is not provided on the street network. Connectivity: Enhances route options and shorten distances traveled for pedestrians and bicyclists. Right-of-Way Width: 12'-18' Pavement Width: 6' - 10' with 2' - 4' graveled or planted strips on side Curb and Gutter: No curb Arterial Setback Ordinance: July 01, 2008 Second Reading Page 13 of 16 SECTION 5. The Ashland Site Design and Use Standards Handbook, Street Tree Standards, (pages 29 to 30), as adopted by Ordinance 2690, as amended, and authorized in Section 18.72.080, are hereby amended to read as follows: E. Street Tree Standards Approval Standard: All development fronting on public or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended list of street trees. II-E-1 ) Location for Street Trees Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide. Street trees shall include irrigation, root barriers, and generally conform to the standards established by the Department of Community Development. II-E-2) Spacing, Placement, and Pruning of Street Trees All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follow: 1) Street trees shall be placed at the rate of one tree for every 30 feet of street frontage. Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches. 2) Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than 10 feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. 3) Street trees shall not be planted closer than 20 feet to light standards. Except for public safety no new light standard location shall be positioned closer than 10 feet to any existing street tree, and preferably such locations will be at least 20 feet distant. 4) Trees shall not be planted closer than 2 % feet from the face or the curb except at intersections where it shall be 5 feet from the curb, in a curb return area. Arterial Setback Ordinance: July 01, 2008 Second Reading Page 14 of 16 5) Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines. 6) Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells. shall be at least 40 25 square feet; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Space ben-Jeen the tree and such hard surface be co~:ered by permeable non permanent hard surfaces such as grates, bricks on sand, or pa~..(er blosks. Tree wells shall be covered bv tree arates in accordance with city specifications. 7) Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks and 12 feet above street roadway surfaces. 8) Existing trees may be used as street trees if there will no damage from the development which will kill or weaken the tee. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor. II-E-3} Replacement of Street Trees Existing street trees removed by development projects shall be replaced by the developer with those from the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. II-E-4) Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission. 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. Savings Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other land use actions were commenced, shall remain valid and in full force and effect for purposes of Arterial Setback Ordinance: July 01, 2008 Second Reading Page 15 of 16 all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative. SECTION 8. Codification. Provisions of this Ordinance shall be incorporated in the City 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-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 6- 8) need not be codified. I I I I I I I I I The foregoing ordinance was first read by title only in accorda ce with Article X, Section 2(C) of the City Charter on the -k. day of , 2008, and duly PASSED and ADOPTED this / day of , 2008. -~ arbara M. Christensen, City Recorder SIGNED and APPROVED this ~ day of ~, 2008 Reviewed as to form: Arterial Setback Ordinance: July 01, 2008 Second Reading Page 16 of 16