HomeMy WebLinkAbout2984 Public Art on Historic Bldgs
ORDINANCE NO. d-q 8-~
AN ORDINANCE AMENDING THE ASHLAND lAND USE ORDINANCE, SITE
DESIGN AND USE STANDARDS(SECTION 18.72.030)jCONCERNING PUBLIC ART
ON HISTORIC STRUCTURE~7 S<4"~em01) CA) ~
Annotated to show d~IOtions and additions to the code sections being modified. .
Deletions are bold lined through and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv 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. Citv of
Beaverton v. International Ass'n of Firefiqhters. local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the Mayor of the City of Ashland formed a Downtown Task Force to make
recommendations to the Ashland Planning Commission and Ashland City Council
concerning inter alia the relationship of public art to the City sign code and site design
review code; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on February 10, 2009 and following deiiberations recommended approval, with
modifications, of the amendments to the City Council on February 24, 2009; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 7, 2009; 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 amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
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SECTION 2. Chapter 18.72.030 of the Ashland Municipal Code [SITE DESIGN
REVIEW Applicability] is hereby amended to read as follows: \
SECTION 18.72.030 Applicability.
Site design standards shall apply to all zones of the city as outlined below.
A. Applicability. The following development is subject to Site Design Review:
1. Commercial, Industrial, Non-Residential and Mixed uses:
a. All new structures, additions or expansions in C-1, E-1, HC and M zones.
b. All new non-residential structures or additions (e.g. public buildings, schools,
churches, etc.). .
c. Expansion of impervious surface area in excess of 10% of the area of the site
or 1,000 square feet, whichever is less.
d. Expansion of parking lots, relocation of parking spaces on a site, or other
changes which affect circulation.
e. Any change of occupancy from a less intensive to a more intensive
occupancy, as defined in the City building code, or any change in use which
requires a greater number of parking spaces.
f. Any change in use of a lot from one general use category to another general
use category, e.g., from residential to commercial, as defined b the zoning
regulations of this Code.
g. Any exterior change to a structure which requires a building permit, ami is
listed on the National Register of Historic Places or to a contributing property
within an Historic District on the National Register of Historic Places that
requires a buildinQ permit, or includes the installation of Public Art.
h. Mechanical equipment not otherwise exempt from site design review per
Section 18.72.030(B).
2. Residential uses:
a. Two or more residential units on a single lot.
b. Construction of attached single-family housing (e.g. town homes,
condominiums, row houses, etc.) in all zoning districts.
c. Residential development when off-street parking or landscaping, in conjunction
with an approved Performance Standards Subdivision required by ordinance and
not located within the boundaries of the individual unit parcel (e.g. shared
parking).
d. Any exterior change to a structure whish requires a building permit and is
individually listed on the National Register of Historic Places that requires a
buildinQ permit, or includes the installation of Public Art.
e. Mechanical equipment not otherwise exempt from site design review per
Section 18.72.030(B).
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
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. . .
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. 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 (i.e. Sections 1,
3-4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on theS dayof ~ ,2009,
and dul PASSED and ADOPTED this /9 day of _ , 2009.
~~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this .zp day of ~, 2009.
~
o n Stromberg, Mayor
Reviewed as to form:
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