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HomeMy WebLinkAbout3054 AMND AMC Chapters - Ped Places ORDINANCE NO. D S� AN ORDINANCE AMENDING AMC 18.08, 18.12.020, 18.68.050, 18.72.030, 18.72.080, 18.72.090, 18.88, 18.88.080, 18.92, 18.108.040, 18.108.060 AND 18.108.080 OF THE ASHLAND MUNICIPAL CODE AND LAND USE ORDINANCE IMPLEMENTING THE RECOMMENDATIONS OF THE PEDESTRIAN PLACES PROJECT Annotated to show deletiens 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. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland is projected to grow by approximately 3,250 residents by 2030 and 2,000 employees by 2027, and the City Council reaffirmed the long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process; and WHEREAS, the City of Ashland seeks to balance projected population and employment growth with the community goal of retaining a district boundary and preventing sprawling development, and to this end examines opportunities to use land more efficiently for housing and businesses; and WHEREAS, the City of Ashland continues the community's tradition of integrating land use and transportation planning, and using sustainable development measures such as encouraging a mix and intensity of uses on main travel corridors to support transit service and use, integrating affordable housing opportunities, and reducing carbon emissions by providing a variety of transportation options; and WHEREAS, the City conducted a planning process involving a series of public workshops, on- line forum, key participant meetings and study sessions from October 2010 through September 2011 involving a three-step process in which participants identified the qualities that make a An Ordinance Amending Misc. Section of Ch.18 Page 1 successful pedestrian place, developed vision statements for the three study areas, and reviewed and revised plans illustrating an example of what development might look like in a key location; and WHEREAS, the final report for the Pedestrian Place project included recommended amendments to the zoning map and land use ordinance which would support the development of the Pedestrian Places envisioned in the planning process being small walkable nodes that provide concentrations of housing and businesses grouped in a way to encourage more walking, cycling and transit use; and a WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised public hearing on October 11, 2011, and following deliberations, recommended approval of the amendments by a unanimous vote; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on November 1, 2011 and on subsequent public hearing continuance dates, and following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article X of the Ashland City Charter; 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 Municipal-Code and 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. SECTION 2. AMC Chapter 18.08 [Definitions] is hereby amended as follows: SECTION 18.08.651 The distnnee between the eenter line of a street and the speeial base line setbaek from whieh yaFd measurements are made, mensured horizontally and at right angles from sail , eenter line. SECTION 18.08.655 Shadow Plan A schematic or conceptual design for future land development when a lot could be developed at a higher intensity. A shadow plan demonstrates that the proposed development will not impede the future use of the lot to be fully developed to the required building intensity standards (i.e. Floor Area Ratio), and that the proposed development has been planned to prevent piecemeal and uncoordinated development. An Ordinance Amending Misc. Section of Ch.18 Page 2 SECTION 3. AMC Chapter 18.12.020 [Classification of Districts] is hereby amended to read as follows: 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 Overlays Map Symbol and Abbreviated Designation Airport Overlay A Residential - Rural RR Residential - Single Family R-1 Residential - Low Density Multiple Family R-2 Residential - High Density Multiple Family R-3 Commercial C-1 Commercial - Downtown C-I-D Employment E-1 Industrial M-1 Woodland Residential WR SOU - Southern Oregon University SOU Performance Standards (4')7— Options Overlay PSO Pedestrian Place OverlaV PP Detail Site Review Zone DSR Health Care Services Zone HC North Mountain Neighborhood NM Croman Mill District Zone CM Residential Overlay R Freeway Sign Overlay F SECTION 4. AMC Section 18.68.050 [Arterial Street Setback Requirements] is hereby deleted as follows: SECTION 18.68.050 Arterial Street Setback Requirements. To permit or afford better light, air and more h.,..... y t.......d..d ..t.eet.. -and .. streets of substandard width.) to protect arterial streets, and to permit the nt....l widening of hereinafter named streets eve", and abutting a street, or portion thereof-, shall be measured f....m the s ial Lase line sett. eks listed Lad,.w instead of the lot line separating the lot from the street. __.p�.�....���.__...I.... _.._ _.. .......... .. .......... __.__. p..... ................... Street Setbnele between 04�, linuts and hithin Way 35 feet ... Ashland Strut(Highwa). 66) between 65 fee City H�SiskiyouBoulevar An Ordinance Amending Misc. Section of Ch.18 Page 3 Also,The setback from an arterial street shall be no less than twenty (20) feet, or the width required to install sidewalk and parkrow improvements consistent with the City of Ashland Street Standards in Section 18.88.020.K, whichever is less with the eNeeption of the L'114 and C 1 D dial.-iets and proper-ties abutting 1 ithin Way in the C 1 dish.-iet SECTION 5. AMC Chapter 18.72.030 [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, CM and M-1 Zones. b. All new non-residential structures or additions (e.g. public buildings, schools, churches, etc.). c. Mixed-use structures or developments containing commercial and residential uses in residential zoning districts within the Pedestrian Places Overlay. e d.Expansion of impervious surface area in excess of 10% of the area of the site or 1,000 square feet, whichever is less. d e.Expansion of parking lots, relocation of parking spaces on a site, or other changes which alters or affects circulation on adjacent property or a public right-of-way. e f. 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-g.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 h.Any exterior change to a structure which 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 building permit, or includes the installation of Public Art. h i.Mechanical equipment not otherwise exempt from site design review per Section 18.72.030(B). i. Installation of wireless communication facilities in accordance with Section 18.72.180. 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 individually listed on the National Register of Historic Places that requires a building permit, or includes the installation of Public Art. An Ordinance Amending Misc. Section of Ch.18 Page 4 e. Mechanical equipment not otherwise exempt from site design review per Section 18.72.030(B). (Ord 2984, amended, 05/19/2009; Ord 2951, amended, 07/01/2008; Ord 3036, amended, 08/17/2010) f Installation of wireless communication facilities in accordance with Section 18.72.180. B. Exemptions. The following development is exempt from Site Design Review application and procedure requirements provided that the development complies with applicable standards as set forth by this Chapter. 1. Detached single family dwellings and associated accessory structures and uses. 2. Land divisions regulated by the following chapters: Partitioning (18.76), Subdivisions (18.80), Manufactured Housing (18.84) and Performance Standards (18.88). 3. The following mechanical equipment: a. Private, non-commercial radio and television antennas not exceeding a height of seventy (70) feet above grade or thirty (30) feet above an existing structure, whichever height is greater and provided no part of such antenna shall be within the yards required by this Title. A building permit shall be required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure. b. Not more than three (3) parabolic disc antennas, each under one (1) meter in diameter, on any one lot or dwelling unit. c. Roof-mounted solar collection devices in all zoning districts, with the exception of Employment and' Commercial zoned properties located within designated historic districts. The devices shall comply with solar setback standards described in 18.70 and height requirements of the respective zoning district. d. Installation of mechanical equipment not exempted by (a, b, c) above or (e) below, and which is not visible from a public right-of-way or adjacent residentially zoned property and consistent with other provisions of this Title, including solar access, noise, and setback requirements of Section 18.68.140(c). e. Routine maintenance and replacement of existing mechanical equipment in all zones. (Ord 2951, amended, 07/01/2008) SECTION 6. AMC Chapter 18.72.080 [Site Design Standards) is hereby amended to read as follows: SECTION 18.72.080 Site Design Standards. A. The Council may adopt standards by ordinance for site design and use. These standards may contain: 1. Additional approval criteria for developments affected by this Chapter. 2. Information and recommendations regarding project and unit design and layout, landscaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations of the intent and purpose of this Chapter applied to specific examples. 4. Other information or educational materials the Council deems advisable. An Ordinance Amending Misc. Section of Ch.18 Page 5 B. Before the Council may adopt or amend the guidelines standards, a public hearing must be held by the Planning Commission and a recommendation and summary of the hearing forwarded to the Council for its consideration. C. The Site Design and Use Standards adopted by Ordinance No's. 2690, 2800, 2825, 2900 and 3031, 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, Employment, and Industrial Development standards in Section II.C. shall be applied to non-residential development (e.g. public buildings, schools, etc.) SECTION 7. AMC Chapter 18.72.090 [Administrative Variance from Site Design and Use Standards] is hereby amended to read as follows: SECTION 18.72.090 dfnini -°tive "arione_ f_.. Exception to the Site Design and Use Standards. An exception to the requirements of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18.72.080 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or B. Approval of the var-inneewill not substantially negatively impnet ndjaeen properties; Approval and diffieulty B. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. SECTION 8. AMC Chapter 18.72.120 [Controlled access] is hereby deleted as follows: SECTION 1 Q 72 190 Controlled n An Ordinance Amending Misc. Section of Ch.18 Page 6 A. Any partitioning or- subdivision of property loented in tin R 2, R 3, C 1, E 1, CM or M- I zone shall meet the eentrelled neeess standards set forth below. if applienble, eros neeess easements shall be r-equired so that neeess to all properties ereated by the !an diviq*An Pan be made, &Am- one or more pointsw B. Street - d d- - its in an R 2 R z r , >± , or M , zone shall be limited to the following z. ways n.. ..rteroal ..greets inn feet; feet;on eolleeter streets 75 on residential streets `-50 feetw 2. Distanee from interseetions. On ; on eolieetor- streets 50 feet; on residential streets 35 feet. Q Street and dr........ - ------ points in the CM zone are subjeet to the requirements of , added, D. Aeeess Requirements for- Multi family Developments. I. All multi family developments whieh will have automobile trip generation -H exeess of 250 vehiele trips per- d", shall provide at least two drivewfly fleeess points to the development. Trip generation sholl be deter-mined by the methods established by th institute of Transportation Engineers. 2. Creating an obstrueted street, as defined in 18.88.020.6, is SECTION 9. AMC Section 18.88 [Sections] is hereby amended to read as follows: CHAPTER 18.88 PERFORMANCE STANDARDS OPTIONS SECTIONS: 18.88.010 Purpose and Intent. 18.88.020 Definitions. 18.88.030 Procedure for Approval. 18.88.040 Performance Standards for Residential Developments. 18.88.050 Street Standards. 18.88.060 Parking Standards. 18.88.070 Setbacks. 18.88.080 PSO-Overlay Zone. 18.88.090 Performance Standards Guidelines. 18.88.100 Applicability of Other Sections of the Land Use Development Ordinance. SECTION 10. AMC Section 18.88.080 [Sections] is hereby amended to read as follows: An Ordinance Amending Misc. Section of Ch.18 Page 7 SECTION 18.88.080 PSO-Overlay Zone. A. The purpose of the PSO-overlay zone is to distinguish between those areas which have been largely developed under the subdivision code, and those areas which, due to the undeveloped nature of the property, topography, vegetation, or natural hazards, are more suitable for development under Performance Standards. B. All developments, other than partitionings, which involve the division of land, or development of individual living units, in the PSO-overlay areas, shall be processed under this Chapter of the Land Use Ordinance. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoning districts shall be three. (Ord 3036, amended, 08/18/10) C. In a PSO-overlay area, the granting of the application shall be considered an outright permitted use, subject to review by the Commission for compliance with the standards set forth in this Ordinance and the guidelines adopted by the Council. D. If a parcel is not in a PSO-overlay area, then development under this Chapter may only be approved if one or more of the following conditions exist: 1. The parcel is larger than two acres and is greater than 200 feet in average width; or 2. That development under this Chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact; or 3. The property is zoned R-2, R-3 or CM. SECTION 11. AMC Chapter 18.92 [Off-Street Parking] is hereby amended to read as follows: CHAPTER 18.92 OFF STREET PARKING, ACCESS AND CIRCULATION SECTIONS: 18.92.010 Generally Purpose. 18.92.020 Applicability. 18.92.029030 Automobile Parking Spaces Required. 18.92.040 Disabled Person Parkins Places. 18.92.025050 Credit for On street Automobile Parking Management Strategies. 18.92.040060 Bicycle Parking. 4 9.410" Compoet Car- Parking-. 18.92.055070 Variances for Commercial Buildings in the Historic District. 18.92.060 Limitations, Loeation, Use of . 18.92.070080 Parking, Access and Circulation Design Requirements. 18.92.090 Pedestrian Access and Circulation. An Ordinance Amending Misc. Section of Ch.18 Page 8 18.92.080100 Construction. 18.92.090110 Alterations and Enlargements. 18.92.120 Availability of Facilities. SECTION 18.92.010 Generallypurpose. in a!' distriets, exeept those speeffleoily exempted, whenever an), building is ereeted-, eninrged, or the use is ehanged, off street parking shall be provided fiq spt for-th in this Chapter The purpose of this chapter is to provide standards for development of vehicle and bicycle parking, and to ensure developments provide safe and effective access and circulation for pedestrians, bicyclists and vehicles. SECTION 18.92.020 Applicability. In all districts, except those specifically exempted, whenever any building is erected or enlarged, parking or access is reconfigured, or the use is changed, parking, access and circulation shall be provided as set forth in this chapter. The City may require a study prepared by a qualified professional to determine offsets in parking demand, access, circulation and other transportation impacts. SECTION 18.92.030030 Automobile Parking Spaces Required. Uses and standards are as follows: A. Residential Uses. For residential uses the following automobile parking spaces are required. 1. Single family dwellings. Two spaces for the primary dwelling unit and the following for accessory residential units: a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger-- 1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit. d. 3-bedroom or greater units -- 2.00 spaces/unit. 2. Multi-family dwellings. a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit. c. 2-bedroom units -- 1.75 spaces/unit. d. 3-bedroom or greater units -- 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater -- One space per unit. 3. Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories. Two spaces for each three guest rooms; in dormitories, 100 square feet shall be equivalent to a guest room. 4. Hotels and motels. One space for each guest room, plus one space for the owner or manager. 5. Manufactured housing developments. Parking requirements are as established in Chapter 18.84. 6. Performance Standards Developments. Parking requirements are as established in Chapter 18.88. An Ordinance Amending Misc. Section of Ch.18 Page 9 B. Commercial Uses. For commercial uses the following automobile parking spaces are required. 1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus one space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and one per two employees. 2. Bowling Alleys. Three spaces per alley, plus additional spaces for auxiliary activities set forth in this section. 3. Business, general retail, person services. General - one space for 350 square feet of gross floor area. Furniture and appliances - one space per 750 square feet of gross floor area. 4. Chapels and mortuaries. One space per four fixed seats in the main chapel. 5. Offices. Medical and dental - one space per 350 square feet of gross floor area. General - one space per 500 square feet of gross floor area. (Ord 3034, amended, 08/17/10) 6. Restaurants, bars, ice cream parlors and similar uses. One space per four seats or one space per 100 sq. ft. of gross leasable floor area, whichever is less. 7. Skating rinks. One space per 350 sq. ft. of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One space per four seats. C. Industrial Uses. For industrial uses the following automobile parking spaces are required. 1. Industrial and Warehousing uses. One space per 1,000 square feet of gross floor area or for each two employees, whichever is less, plus one space per company vehicle. 2. Public utilities (gas, water, telephone, etc.), not including business offices. One space per two employees on the largest shift, plus one space per company vehicle; a minimum of two spaces is required. (Ord 3034, amended, 08/17/10) D. Institutional and Public Uses. For institutional and public uses the following automobile parking spaces are required. 1. Child care centers having 13 or more children. . One space per two employees; a minimum of two spaces is required. 2. Churches. One space per four seats. 3. Golf courses, except miniature. Eight spaces per hole, plus additional spaces for auxiliary uses set forth in this section. Miniature golf courses -four spaces per hole. 4. Hospitals. Two spaces per patient bed. 5. Nursing and convalescent homes. One space per three patient beds. An Ordinance Amending Misc. Section of Ch.]8 Page 10 6. Rest homes, homes for the aged, or assisted living. One space per two patient beds or one space per apartment unit. 7. Schools, elementary and junior high. One and one-half space per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater. 8. High schools. One and one-half spaces per classroom, plus one space per 10 students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is greater. 9. Colleges, universities and trade schools. One and one-half spaces per classroom, plus one space per five students the school is designed to accommodate, plus requirements for on-campus student housing. E. Unspecified Uses. Where automobile parking requirements for any use are not specifically defined in this section, such requirements shall be determined by the Staff Advisor based upon the most comparable use specified in this section, and other available data. F. Maximum Allowable Number of Automobile Parking Spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the required number of . spaces provided by this ordinance by more than 10%. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. SECTION 18.92.040 Disabled Person Parking Places. The total number of disabled person parking spaces shall comply with the following- Total in Parking Lot Required Minimum Number _! of Accessible Spaces 1 to 25 1 1 1 - -- - 26 to 50 ! 2 51 to 75_ ....-. 3.... 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 One in every eight accessible spaces, but not less than one, must be van accessible. A van accessible parking space is required to be at least nine feet wide and have an adjacent access aisle that is at least eight feet wide. Required Disabled Person Parking spaces shall be designed in accord with all requirements of the State of Oregon, including minimum widths, adjacent aisles, and permanent markings. Disabled Person Parking space designs are included at the end of this chapter. An Ordinance Amending Misc. Section of Ch.18 Page 11 SECTION 18.92.025050 Credit for On street A°tomobil^ Parking Management Strategies. The amount of required off-street parking may be reduced up to 50% through the application of the following credits. A. On-Street Parking Credit. The amount of off-street parking required shall be reduced by the following credit provided for on-street parking: one off-street parking space credit for every tweone on-street street parking space. 11.I.Dimensions. On-street parking shall follow the established configuration of existing on- street parking, except that 45 degree diagonal parking may be allowed with the approval of the Public Works Director, taking into account traffic flows and street design, with the parking spaces designed in accord with the standards on file with the Public Works Department. The following shall constitute an on-street parking space: 1 a.Parallel parking, each 24 22 feet of uninterrupted curb. 2.b 45 degree diagonal, each 13 12 feet of uninterrupted curb. 2. Location. Ga.Curb space must be contiguous to the lot which contains the use which requires the parking. D:b.Parking spaces may not be counted that are within 20 feet measured along the curb of any comer or intersection of an alley or street, nor any other parking configuration that violates any law or standard of the City or State. &c.Parking spaces located on arterials and collectors may only receive credit if the arterial or collector is greater in width than the minimums established by the Street Standards in Chapter 18.88;Performance Standards Options. (Ord 2836 S14, 1999) kd.Parking spaces may not be counted that are within 200 feet of a C-1-D or SO zone. G3.Availibility. On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted. B. Alternative Vehicle Parking. Alternative vehicle parking facilities may be substituted for up to 25 percent of the required parking space on site. 1. Motorcycle or scooter parking. One off-street parking space credit for four motorcycle or scooter parking spaces. 2. Bicycle parking. One off-street parking space credit for five additional, non- required bicycle parking spaces. C. Mixed Uses. In the event that several users occupy a single structure or parcel of land, the total requirements for off-street automobile parking shall be the sum of the An Ordinance Amending Misc. Section of Ch.18 Page 12 requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset. In such case, the mixed-use credit shall reduce the off-street parking requirement by a percentage equal to the reduced parking demand. D. Joint Use of Facilities. Required parking facilities of 2 or more uses, structures, or parcels of land may be satisfied by the same parking facilities used iointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing such joint use. E. Shared Parking. One off-street parking space credit for every space constructed in designated off-site shared parking areas, or through payment of in-lieu-of-parking fees for a common parking. F. TDM Plan Credit. Through implementation of an individual Transportation Demand Management (TDM) plan that demonstrates a reduction of long term parking demand by a percentage equal to the credit requested. G. Transit Facilities Credit. Sites where at least 20 spaces are required, and where at least one lot line abuts a street with transit service may substitute transit-supportive plazas for required parking as follows. 1. Pedestrian and transit supportive plazas may be substituted for up to ten percent of the required parking spaces on site. 2. A street with transit service shall have a minimum of 30-minute peak period transit service frequency, 3. Existing parking areas may be converted to take advantage of these provisions. 4. The plaza must be adjacent to and visible from the transit street. If there is a bus stop along the site's frontage, the plaza must be adiacent to the bus stop. 5. The plaza must be at least 300 square feet in area and be shaped so that a ten foot by ten foot square will fit entirely in the plaza. 6. The plaza must include all of the following elements: a. A plaza that is open to the public. The owner must record a public access easement that allows public access to the plaza; b. A bench or other sitting area with at least five linear feet of seating; c. A shelter or other weather protection. The shelter must cover at least 20 square feet and the plaza must be landscaped. This landscaping is in addition to any other landscaping or screening required for parking areas by the Code. SECT-!ON 1 Q 92 030 Disabled Person Parking Dl. eei The total number of disabled per-son parking spsees shall eemplywith the fellewingi ................----------- Required Minimum Numbe Total in Par-king ._._,...mac✓ }.. , 26 to 60 2 An Ordinance Amending Misc. Section of Ch.18 Page 13 C+ t..am 75 3 ---.i _ _ i6i to S 1 X91 to 400- 8_ j `A(1�o1 to 500- 9 ----- - -- _ ------- -- Required Disabled Person Parking spnees shall be designed in fleeor-d 'With all reqUireffleHts of the vauae of Oregon, uaea qaa ilths, adjneent aisles, and per-manen markings. Disabled Per-son Parking spnee designs are ineluded fit the end of this ehapter-. SECTION 18.92.040060 Bicycle Parking. A. All uses, with the exception of detached-single-family residences and uses in the C-1-D zone, shall provide a minimum of two sheltered bike parking spaces. B. Every residential use of two units or more per structure, and not containing a garage, shall provide bicycle parking spaces as follows: Multi-Family Residential:One sheltered space per studio and 1-bedroom unit 1.5 sheltered spaces per 2-bedroom unit 2.0 sheltered spaces per 3-bedroom unit Senior Housine: One sheltered space per 8 units (80% of the occupants are 55 or older) r C. In addition, all uses which require off street parking, except as specifically noted, shall provide one bicycle parking space for every 5 required auto parking spaces. Fractional spaces shall be rounded up to the next whole space. Fifty percent of the bicycle parking spaces required shall be sheltered from the weather. All spaces shall be located in proximity to the uses they are intended to serve. (Ord 2697 S1, 1993) D. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every five auto parking spaces. E. Elementary, Junior High, Middle and High Schools shall provide one sheltered bicycle parking space for every five students. F. Colleges, universities, and trade schools shall provide one bicycle parking space for every five required auto parking spaces, of which one half is to be sheltered: G. No bicycle parking spaces required by this standard shall be rented or leased, however, a refundable deposit fee may be charged. This does not preclude a bike parking rental business. H. The required bicycle parking facilities shall be constructed when an existing residential building or dwelling is altered or enlarged by the addition or creation of dwelling units, or An Ordinance Amending Misc. Section of Ch.18 Page 14 when a non-residential use is intensified by the addition of floor space, seating capacity, or change in use. 1. Bicycle Parking Design Standards 1. The salient concern is that bicycle parking be visible and convenient to cyclists and that it provides sufficient security from theft and damage. 2. Bicycle parking requirements can be met in any of the following ways: a. Providing a bicycle storage room, bicycle lockers, or racks inside the building. b. Providing bicycle lockers or racks in an accessory parking structure, underneath an awning or marquee, or outside the main building. c. Providing bicycle racks on the public right of way. This must be approved by City of Ashland Public Works Department. d. Providing secure storage space inside the building. 3. All required exterior bicycle parking shall be located on site within 50 feet of well-used entrances and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking shall have direct access to both the public right-of-way and to the main entrance of the principal use. For facilities with multiple buildings, building entrances or parking lots (such as a college), exterior bicycle parking shall be located in areas of greatest use and convenience for bicyclists. 4. Required bicycle parking spaces located out of doors shall be visible enough to provide security. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent walkways or motor vehicle parking lots during all hours of use. Bicycle parking shall be at least as well lit as automobile parking. 5. An aisle for bicycle maneuvering shall be provided and maintained between each row of bicycle parking. Bicycle parking shall be designed in accord with the illustrations used for the implementation of this chapter. 6. Each required bicycle parking space shall be accessible without moving another bicycle. 7. Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. 8. Parking spaces configured as indicated in the figure at the end of this chapter meet all requirements of this chapter and is the preferred design. Commercial bike lockers are acceptable according to manufacturer's specifications. A bicycle parking space located inside of a building for employee bike parking shall be a minimum of six feet long by 3 feet wide by 4 feet high, unless adequate room is provided to allow configuration as indicated in the figure at the end of this chapter. 9. Sheltered parking shall mean protected from all precipitation and must include the minimum protection coverages shown in the figure at the end of this chapter. 10. Bicycle parking shall be located to minimize the possibility of accidental damage to either bicycles or racks. Where needed, barriers shall be installed. 11. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be located so as to violate vision clearance standards. Bicycle parking facilities should be harmonious with their environment both in color and design. Facilities should be incorporated whenever possible into building design or street furniture. J. Bicycle Parking Rack Standards. An Ordinance Amending Misc. Section of Ch.18 Page 15 I. All required bicycle parking racks installed shall meet the individual rack specifications shown in the figure at the end of this chapter. Single and multiple rack installations shall conform with the minimum clearance standards shown in the figures at the end of this chapter. Alternatives to the above standard may be approved after review by the Bieyele Transportation Commission and approval by the Staff Advisor. Alternatives shall conform with all other applicable standards of this section. Bicycle parking racks or lockers shall be anchored securely. 2. The intent of this Subsection is to ensure that required bicycle racks are designed so that bicycles may be securely locked to them without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. a. Bicycle racks shall hold bicycles securely by means of the frame. The frame shall be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels. b. Bicycle racks shall accommodate: i. Locking the frame and both wheels to the rack with a high-security U-shaped shackle lock, if the bicyclists removes the front wheel; and ii. Locking the frame and one wheel to the rack with a high-security U-shaped shackle lock, if the bicyclists leaves both wheels on the bicycle; and iii. Locking the frame and both wheels to the rack with a chain or cable not longer than 6 feet without removal of the front wheel. c. Paving and Surfacing. Outdoor bicycle parking facilities shall be surfaced in the same manner as the automobile parking area or with a minimum of two inch thickness of hard surfacing (i.e., asphalt, concrete, pavers, or similar material) and shall be relatively level. This surface will be maintained in a smooth, durable, and well- drained condition. Up to 0 eempnet a Art:..:..,um dimensions For a oet spoees shall be 8 x 16 feet Such spnees shnil be signed or- the spnee painted with the words nr.....pnet Car- Only—." SECTION 18.92.055070 Variances for Commercial Buildings in the Historic District. In order to preserve existing structures within the Ashland Historic District, while permitting the redevelopment of property to its highest commercial use, a variance of up to 50% of the required automobile parking may be granted to commercial uses within the Ashland Historic District as a Type I Variance. It is the intent of this clause to provide as much off-street parking as practical while preserving existing structures and allowing them to develop to their full commercial potential. Additionally, to identify redevelopment of existing commercial and residential buildings for commercial use within the Ashland Historic District as an exceptional circumstance and unusual hardship for the purposes of granting a variance. SECTION 18.92.060 Limitations, Loention, Use of . A 7 .. ntion Ti.,eept for single and two family diyellings required automobile .d.G" facilities me), be 1aeated on other par-eel of land, .ided said par-eel is within 20 feet of the use it is intended to sen,e. The distimee from the parldng lot to the use shall be measured in Walking distanee &-ont the nearest parking spnee to an seeess to the An Ordinance Amending Misc. Section of Ch.18 Page 16 building housing the use, along a sidewalk or other pedestrian path separated from street tr-affie. Sueh right to use the off site parking must be evideneed by a deed, lease5 easement, or similar- written instrument establishing sueh use, for the duration of t use. 13. Exeept as allowed in 18.92.060.F and eNeept in the A4 industrial automobile parking shall not be loeated in fk required front and side yard setbaek aren C. Mixed Uses. in the event that several users oeeupy a single strueture or par-eel of land5 the total requirements for- off Ftr-eet automobile parking shall be the sum of the . requirements for the several uses ...... muted ....-.rated. unless it can 1... shown that the peak parking demands are offset. in sueh ease the Staff Adviser may reduee the total a .ts n .d: , .1. , but not by more than 250 _ 0. Mont Use of Foeilities. RequiFed parking keilities of 2 or more uses, struetures, or par-eels of land m be satisfied by the some ..long foeil:t:..s used ntly, to the extent that it ean be shown by the owneirs or operators that the need for the ffleilities does Hot mater-infly over-lap ., uses primarily of a daytime v. nighttime nature) and provided that sueh right of joint use is evideneed by a deed, lease, eentr-set, or- similar- wr-ffitten instrument establishing sueb joint use E Availability of Vneilities All automobile and 1.:... ele -.....king shall be available for parking of residents, eustomers and empleyees only, find shall not h-L used for- t storage uba, v. display of •m.mca or materials. F. in e residential genes, all off oa.cea pautomobiles, n,;-trailers--and a reer-eational vehieles in the &ont yard shall be limited to it eontiguous area whieh is ne more than 25i6 of the area of the , or- a eentiguous area 25 feet wide and the depth of the front yard ..hieheye eater- Sine.. parking in elation of this ..eetion oeensionni in nature, and is ineidental to the primary use of the site, no vested rights are deemed to exist and violations of this spetion fir-p. not subjeet to the proteetion of the a,pa.. v. a.. , ..vuwu•v.m , a 24 hour warning notiee of violation shall be-provided prior to the issuanee of a eitation to appear in Ailunieipfil Court, and it shall be rebuttably presumed that the vehiele was parked with per-mission of the per-son in eontrol of the property. Subsequent vielations shall not require a warning notiee. (Ord 2320, 1984) SECTION 18.92.0-70080 Automobile Parking,Access and Circulation Design Requirements. A. Parkins Location. 1. Except for single and two-family dwellings, required automobile parkins facilities may be located on another parcel of land, provided said parcel is within 200 feet of the use it is intended to serve. The distance from the parking lot to the use shall be measured in walking distance from the nearest parking space to an access to the building housing the use, along a sidewalk or other pedestrian path separated from An Ordinance Amending Misc. Section of Ch.18 Page 17 street traffic. Such right to use the off-site parkins must be evidenced by a deed, lease, easement, or similar written instrument establishing such use, for the duration of the use. 2. Except as allowed in the subsection below, automobile parking shall not be located in a required front and side yard setback area abutting a public street, except alleys. 3. In all residential zones, all off-street parking of automobiles, trucks, trailers and recreational vehicles in the front yard shall be limited to a contiguous area which is no more than 25% of the area of the front vard, or a contiguous area 25 feet wide and the depth of the front yard, whichever is greater. Since parking in violation of this section is occasional in nature, and is incidental to the primary use of the site no vested rights are deemed to exist and violations of this section are not subject to the protection of the nonconforming use sections of this ordinance. However, a 24- hour warning notice of violation shall be provided prior to the issuance of a citation to appear in Municipal Court, and it shall be rebuttable presumed that the vehicle was parked with permission of the person in control of the proper",. Subsequent violations shall not require a warning notice. A:B.Sizeand eeessParking Area Design. ikll-rRequired parking areas shall be designed in accordance with the pariiing layout ehart at th . °°a °r this Chnpt°-following standards and dimensions. L Parking spaces shall be a minimum of 9 x 18 feet, exeept that 501% of the spffees may be eompnet spnees in neeord with 18.92.050. 2. Up to 50% of the total automobile parking spaces in a parking lot may be designated for compact cars. Minimum dimensions for compact spaces shall be 8 x 16 feet. Such spaces shall be signed or the space painted with the words "Compact Car Only." 3. Parking spaces shall have a back-up maneuvering space no less than twenty-two (22) feet, except where parking is angled, and which does not necessitate moving of other vehicles. 4. Parking lots with 50 spaces or more shall be divided into separate areas. Parking areas may be divided into separate areas by a building or group of buildings, landscape areas with walkways at least 10 feet in width, plazas, streets or driveways with street-like features. Street-like features, for the purpose of this section, means a raised sidewalk of at least five feet in width, six-inch curb, accessible curb ramps, street trees in planters or tree wells and pedestrian-oriented lighting. 5. Parking areas shall be designed to minimize the adverse environmental and microclimatic impacts of surface parking through design and material selection. Parking areas of more than seven parking spaces shall meet the following standards. a. Use at least one of the following strategies for the surface parking area, or put 50% of parking underground. i Use light colored paving materials with a high solar reflectance (Solar Reflective Index (SRI) of at least 29) to reduce heat absorption for a minimum of 50% of the parking area surface. ii. Provide porous solid surfacing or an open grid pavement system that is at least 50% pervious for a minimum of 50% of the parking area surface. An Ordinance Amending Misc. Section of Ch.18 Page 18 W. Provide at least 50% shade from tree canopy over the parking area surface within rive years of project occupancy. iv. Provide at least 50% shade from solar energy generating carports, canopies or trellis structures over the parking area surface. b. Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales. C. Vehicular Access and Circulation. The intent of this section is to manage access to land uses and on-site circulation, and to preserve the transportation system in terms of safety, capacity and function. 1. Applicability. This section applies to all public streets within the City of Ashland and to all properties that abut these streets. The standards apply when developments are subject to a planning action (e.g. Site Review, Conditional Use Permit, Land Partition, Performance Standards Subdivision). 2. Site Circulation. New development shall be required to provide a circulation system that accommodates expected traffic on the site. All on-site circulation systems shall incorporate street-like features as described in Section 18.92.090.A.3.c. Pedestrian connections on the site, including connections through large sites, and connections between sites and adjacent sidewalks must conform to the provisions of Section 18.92.090. 3. Intersection and Driveway Separation. The distance from a street intersection to a driveway, or from a driveway to another driveway shall meet the minimum spacing requirements for the street's classification in the Ashland Transportation System Plan (TSP). a. In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. b. Any Partitioning or subdivision of property located in an R-2, R-3, C-1, E-1, CM or M-1 zone shall meet the controlled access standards set forth below. If applicable, cross access easements shall be required so that access to all properties created by the land division can be made from one or more points. c. Street and driveway access 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. d. Street and driveway access points in the CM zone are subject to the requirements of the Croman Mill District Standards. (Ord 3036, added, 08/17/2010) e. Access Requirements for Multi-family Developments. An Ordinance Amending Misc. Section of Ch.18 Page 19 J. 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. ii. Creating an obstructed street as defined in Section 18.88.020.G is prohibited. 4. 'Shared Use of Driveways and Curb Cuts. a. Plans submitted for developments subject to a planning action shall indicate how driveway intersections with streets have been minimized through the use of shared driveways and shall indicate all necessary access easements. Where necessary from traffic safety and access management purposes, the City may require ioint access and/or shared driveways in the following situations. 1. For shared parking areas; ii. For adjacent developments, where access onto an arterial is limited; and iii For multi-family developments, and developments on multiple lots. b. Developments subject to a planning action shall remove all curb cuts and driveway approaches not shown to be necessary for existing improvements or the proposed development. Cuts and approaches shall be replaced with standard curb, gutter or sidewalk as appropriate. All replacement shall be done under permit of the Engineering Division. c. If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and not from the street frontage. &D.Driveways and Turn-Arounds Design. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall have a minimum width of nine feet, and a shared driveway serving two units shall have a width of 12 feet. 2. Parking areas of more than seven parking spaces per lot shall be provided with adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. 30 Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. Parking areas of seven spaces or less shall be-served by a driveway 12 feet in width. 4. Shared Use of Driveways and Curb Cuts. a. Developments subject to a planning notion or divisions of property, either by minor 1iind partition or subdivision, shall minimize the number of drivewa) interseetions with streets by the use of shared diriveways with adjoining lots- wheire feasible. in no ease shall driveways be-elose-r- thann 214 &--et as measured kein the bottom of the existing or proposed npron wings of the driveway appreneh. b. Pians for- property being Partitioned or subdivided or for multi fantil� developments shall indieate how driveway interseetions with streets have been fninimized through the use of shared dr-iveways and shall indiefite all neeessfir) neeess easements. e. Developments subjeet to a planning netion shall remove all eurb euts and- driveway appronehes not shown to be neeessar-y for- existing improvements or the proposed development. Cuts and approoehes shall be repineed with standard An Ordinance Amending Misc. Section of Ch.18 Page 20 eurb, gutter- or sidewalk as appropriate. All replaeemeHt shall be done under- permit of the Engineering Division. "Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13'6" for their entire length and width. D-.S.Vision Clearance. No obstructions may be placed in the vision clearance area except as set forth in Section 18.68.020. E. Parking and Access Construction Development and Maintenance. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings. 1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphaltic, pervious paving, or comparable surfacing, constructed to standards on file in the office of the City Engineer. 2. Drainage. All required parking areas, aisles and tum-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property. 3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. 4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. 6. Walls and Hedges. a. Where parking abuts upon a street, a decorative masonry wall or evergreen hedge screen of 30-42 inches in height and a minimum of 12" in width shall be established parallel to and not nearer than two feet from the right-of-way line. Screen planting shall be of such size and number to provide the required screening within 12 months after installation. The area between the wall or hedge and street line shall be landscaped. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. The required wall or screening shall be designed to allow for free access to the site and sidewalk by pedestrians. b. In all zones, except single-family zones, where parking facilities or driveways are located adjacent to residential or agricultural zones, school yards, or like institutions, a sight-obscuring fence, wall, or evergreen hedge not less than five feet, nor more than six feet high shall be provided on the property line as measured from the high grade side. Said wall, fence or hedge shall be reduced to 30 inches within required setback area, or within 10 feet of street property lines, and shall be maintained in good condition. Screen plantings shall be of such size and number to provide the required screening within 12 months after installation. Adequate provisions shall be made to protect walls, fences or plant materials from being damaged by vehicles using said parking areas. 7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than 7% of the area devoted to outdoor parking facilities, including the landscaping An Ordinance Amending Misc. Section of Ch.18 Page 21 required in subdivision 6(a) above. Said landscaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs, ground cover or related material. A minimum of one tree per seven parking spaces is required. 8. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property. (Ord 2951, amended, 07/01/2008) SECTION 18.92.090 Pedestrian Access and Circulation. A. Site Layout and Design. To ensure safe, direct, and convenient pedestrian circulation, all developments, except single-family dwellings on individual lots and accessory uses and structures, shall provide a continuous walkway system. The walkway system shall be based on the standards in subsections 1-4, below: 1. Continuous Walkway System. Extend the walkway system throughout the development site and connect to all future phases of development, and to existing or planned off-site adjacent sidewalks, trails, public parks, and open space areas to the greatest extent practicable. The developer may also be required to connect or stub walkway(s) to adjacent streets and to private property for this purpose. 2. Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient walkway connections between primary building entrances and all adjacent streets, based on the following definitions: a. Reasonably direct. A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of- direction travel for likely users. b. Safe and convenient. Routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations. c. "Primary entrance" for commercial, industrial, mixed use, public, and institutional buildings is the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance. d. "Primary entrance" for residential buildings is the front door (i.e. facing the street). For multifamily buildings in which each unit does not have its own exterior entrance, the "primary entrance" may be a lobby, courtyard, or breezeway which serves as a common entrance for more than one dwelling. 3. Connections within Development. Walkways within developments shall be provide connections as required in subsections a -c, below: a. Connect all building entrances to one another to the extent practicable, as generally shown in Figure 1; An Ordinance Amending Misc. Section of Ch.18 Page 22 b. Connect all on-site parking areas, recreational facilities and common areas, and connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause for not making certain walkway connections, as generally shown in Figure 1; and. Figure 1 Pedestrian Pathway System (Typical) Pubk SidewQk3 n (C�manuuwn] � �ni� E=Y R ` / t Wand Sidewa0n Z h (Cemiavace) ' c� Pew ` Cmenag Plea IsWode Flouoed Am Between " Padmg md Buddw& Palmeri Lm b l c. Install protected raised walkways through parking areas of 50 or more spaces, or of more than 100 feet in average width or depth. B. Walkway Design and Construction. Walkways shall conform to all of the standards in subsections 1-4,as generally illustrated in Figure 2: 1. Vehicle/Walkway Separation. Except for crosswalks (subsection 2), where a walkway abuts a driveway or street, it shall be raised six inches and curbed along the edge of the driveway/street. Alternatively, the decision body may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is protected from all vehicle maneuvering areas. An example of such protection is a row of decorative metal or concrete bollards designed to withstand a vehicle's impact,with adequate minimum spacing between them to protect pedestrians. An Ordinance Amending Misc. Section of Ch.18 Page 23 2. Crosswalks. Where walkways cross a parking area or driveway, clearly mark crosswalks with contrasting paving materials (e.s, light-color concrete inlay between asphalt),which may be part of a raised/hump crossing area. Painted or thermo-plastic striping and similar types of non-permanent applications Figure 2 Pedestrian Walkway Detail may be approved for crosswalks not (Typical) exceeding 24 feet in length. 3. Walkway Surface and Width. Walkway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface, and at least five feet wide. Multi- use paths (i.e. for bicycles and pedestrians) shall be concrete or asphalt, and at least 10 feet wide in accordance with the Ashland }I Street Standards in Section J l 18.88.020.x. ADA Ramp t=i Landscape 1�_Pedesuian Crossing 4. Accessible routes. Walkways Islands Break up shall comply with applicable Parking Rows ADA WheelchaB Ramp Americans with Disabilities Act (ADA) and State of Oregon ADA requirements. The ends of all Ramp • raised walkways, where the walkway intersects a driveway or street shall provide ramps that " are ADA accessible, and _ walkways shall provide direct routes to primary building Pdnury Build'mg Entry entrances. 5. Provide pedestrian scale lighting no greater than 14 feet in height along pedestrian facilities. SECTION 18.92.080100 Construction. The required parking, access and circulations facilities, including 'resign gaud-ora°, shall be installed prior to a release of a certificate of use and occupancy of a release of utilities, and shall be permanently maintained as a condition of use. However, the Building Official may, unless otherwise directed by the Planning Commission or Staff Advisor, release a temporary certificate of use and occupancy and a temporary release of utilities before the installation of said facilities provided: (1) there is proof that the owner has entered into a contract with a reputable installer for the completion of the parking, including design standards, with a specified time, and that there remains nothing for the, owner to do prior to installation; or (2) the owner has posted a An Ordinance Amending Misc. Section of Ch.18 Page 24 satisfactory performance bond to ensure the installation of said parking facilities within a specified time. SECTION 18.92.110 Alterations and Enlargements. The required parking, access and circulation facilities shall be constructed when an existing building or dwelling is altered or enlarged by the addition or creation of guest rooms or dwelling units, or when a use is intensified by the addition of floor space, seating capacity, or change in use.(Ord 2659, 1991; Ord 2777, 1996) SECTION 18.92.120 Availability of Facilities. Required parking, access and circulation shall be available for use by residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. SECTION 12. AMC Section 18.108.040 [Type I Procedure—Actions Included] is hereby amended to read as follows: SECTION 18.108.040 Type I Procedure. A. Actions Included. The following planning actions shall be subject to the Type I Procedure: 1. Site Design Review. The following developments that are subject to the Site Design Review Standards outlined in 18.72 shall follow the Type I permit procedures. a. Downtown Design Standards Zone. Any development which is less than 2,500 square feet or ten percent of the building's square footage, whichever is less. b. Detail Site Review. Any development in the Detail Site Review Zone, as defined in the Site Review Standards adopted pursuant Chapter 18.72, which is less than 10,000 square feet in gross floor area. c. Commercial, Industrial and Non-residential Uses. i. All new structures, additions or expansions in C-1, E-1, HC and M zones, not within the Downtown Design Standards zone, that do not require new building area in excess of 20% of an existing building' s square footage or 10,000 square feet of gross floor area, whichever is less. ii. All new structures or additions less than 15,000 square feet of gross floor area in the CM zoning district. (Ord 3036, added, 08/17/10) iii. Mixed-use buildings and developments containing commercial and residential uses in residential zoning district with the Pedestrian Place Overlay. ii6 iv.Expansion of impervious surface area in excess of 10% of the area of the site or 1,000 square feet, whichever is less iv. v.Expansion of parking lots, relocation of parking spaces on a site, or other changes which alters circulation affecting adjacent property or public right- of-way. a. viAny 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. An Ordinance Amending Misc. Section of Ch.18 Page 25 of viiAny change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined by the zoning regulations of this Code. vii.- viiiAny exterior change to a structure which requires a building permit and 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. ix. Mechanical equipment not otherwise exempt from site design review per Section 18.72.030.B. x. Installation of wireless communication facilities in accordance with Section 18.72.180. d.Residential. i. Two or more residential units on a single lot. ii. All new structures or additions less than 10,000 square feet of gross floor area, other than single-family homes or accessory uses on individual lots iii. Construction of attached single-family housing (e.g. town homes, condominiums, row houses, etc.) in all zoning districts. iv. 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). v. Any exterior change to a structure which requires a building permit and is listed on the National Register of Historic Places. A. Mechanical equipment not otherwise exempt from site design review per Section 18.72.030.B. vii.Installation of wireless communication facilities in accordance with Section 18.72.180. 2. Miscellaneous Actions. a. Amendments or modification to conditions of approval for Type 1 planning actions. b. Amendment or modification to conditions of approval for Type 11 actions where the modification involves only changes to tree removal and/or building envelopes. planning netiens. c. Physical and Environmental Constraints Review permits as allowed in Chapter 18.62. d. Tree removal permits as required by Section 18.61.042(D). e. Limited Activities and Use permits as allowed in Chapter 18.63. f Water Resource Protection Zone Reductions of up to 25% as allowed in Chapter 18.63. 3. Conditional Use Permits. The following conditional use permits are subject to Type I review procedures: a. Conditional use permits involving existing structures or additions to existing structures, and not involving more than three (3) residential dwelling units. b. Installation of wireless communication facilities in accordance with Section 18.72.180. c.Temporary uses. An Ordinance Amending Misc. Section of Ch.18 Page 26 e-. d.Enlargement, expansion, etc. of nonconforming structures in accordance with Section]8.6 8.090(2). d: e.Government signs per Section 18.96.150. e: LThe following uses in Residential zones: i. Accessory residential units ii. Daycare centers. iii. Public and public utility buildings, structures and uses less than 2,500 square feet in building footprint 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 expansions that exceed MPFA in historic district up to 25%, but the addition is no larger than 300 s.f. or 10% of the existing floor area, whichever is less. vi. Hostels. vii. Public Parking Lots in the NM-C zone. viii. Community Services in the NM-R15 zone. C g.The following uses in Commercial or Industrial zones: i. Electrical substations ii. . Outdoor storage of commodities. g. h.The following uses in the Health Care Services Zone: i. Limited personal service providers in the home, such as beauticians and masseurs. ii. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or adjuster, investment or management counselor or surveyor. iii. Any medically-related use, located on City-owned property that is not specifically allowed by the Ashland Community Hospital Master Facility Plan. h. i.Conditional uses in the Southern Oregon University District. 4. 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. 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 require no variances or only variances subject to Type I procedures. b. Creation of a private way, as allowed in Section 18.80.030.13. c. Final Plan Approval for Performance Standards Subdivisions. An Ordinance Amending Misc. Section of Ch.18 Page 27 6. Any other planning action designated as subject to the Type I Procedure. 7. Prior to the Staff Advisor providing notice of application and making a decision, applicants or the Staff Advisor may request planning actions subject to a Type 1 procedure be heard by the Commission or Hearings Board. In such case, the Staff Advisor shall not make a decision and shall schedule a hearing before the Commission or Hearings Board to be heard as provided in Section 18.108.050. SECTION 13. AMC Section 1 8.108.060 [Type III Procedures] is hereby amended to read as follows: SECTION 18.108.060 Type Ill 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 B. Standards for Type Ill Planning Actions. 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that one or more of the following: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in Section 18.106.030(G); or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in Section 18.106.030(G). The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to An Ordinance Amending Misc. Section of Ch.18 Page 28 council initiated actions. C. Type III Procedure. 1. Applications subject to the Type III Procedure shall be process as follows: a. Complete applications shall be heard at the first regularly scheduled Commission meeting which is held at least 45 days after the submission of the application. b. Notice of the hearing shall be mailed as provided in Section 18.108.080. c. A public hearing shall be held before the Commission as provided in Section 18.108.100. 2. For planning actions described in section 18.108.060.A.1 and 2, the Commission shall have the authority to take such action as is necessary to make the amendments to maps and zones as a result of the decision without further action from the Council unless the decision is appealed. The decision of the Commission may be appealed to the Council as provided in Section 18.108.110. 3. For planning actions described in Section 18.108.060.A.3 and 2 4, the 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 Section 18.108.100. Public notice of such hearing shall be sent as provided in Section 18.108.080. b. The Council may approve, approve with conditions,.or deny the application. SECTION 14. AMC Section 18.108.080 [Public Hearing Notice] is hereby amended to read as follows: SECTION 18.108.080 Public Hearing 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. B. Mailed notices shall contain the following information, provided, however, that notices for hearings before the Council shall not contain the statements specified in paragraphs 8 and 9: 1. Explanation of the nature of the application and the proposed use or uses which could be authorized. 2. List of the applicable criteria from the ordinance and the plan that apply to the application at issue. 3. The street address or other easily understood geographical reference to the subject property. 4. The name of a local government representative to contact and the telephone number where additional information may be obtained. An Ordinance Amending Misc. Section of Ch.18 Page 29 5. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. 6. The date, time and location of the hearing or of the meeting, if no hearing is involved. 7. A statement that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes an appeal to the Land Use Board of Appeals (LUBA) based on that issue. 8. A statement that if additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. 9. A statement that unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. C. Posted Notice. A notice, as described in this subsection, shall be posted on the subject_ property by the 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 hearing. Failure by the city to post a notice, or post in clear view from a public right-of-way shall be considered an incomplete application. The city shall certify, for the record of the hearing, that the posting was accomplished. The failure of the posted notice to remain on the property shall not invalidate the proceedings. The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. D. Additional Requirements for Type 11 and 111 Public Notice. In addition to the notice specified in section 18.108.080.A, B and C, notice for Type 11 and 111 procedures shall be published in a newspaper of general circulation in the City at least 10 days prior to the date of the hearing before the Commission. E. The failure of a property owner to receive notice as provided in this section shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was mailed. The failure to receive notice shall not invalidate the decision after the action is final if a good faith attempt was made to notify all persons entitled to receive notice. F. Whenever it is demonstrated to the Staff Advisor that: 1. The city did not mail the notice required in §18.108; 2. Such error adversely affected and prejudiced a person's substantial rights; and 3. Such person notified the Staff Advisor within 21 days of when the person knew of should have known of the decision, the Staff Advisor shall schedule a hearing for the next regular Commission or Hearings Board meeting allowing adequate time to comply with the notice requirements of Section 18.108.080. The public hearing shall be conducted as provided in §18.108.100. If a hearing is conducted under this section, the decision of the Commission or Hearings Board shall supersede the previous decision. G. Whenever it is demonstrated to the Staff Advisor that: An Ordinance Amending Misc. Section of Ch.]8 Page 30 I. The city did not comply with the notice requirements in §18.108.080.A through E; 2. Such error adversely affected and prejudiced a person's substantial rights; and 3. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision, the Staff Advisor shall schedule a hearing before the Board, Commission or Council that heard or would have heard the matter involving the defective notice. a. The Staff Advisor shall notify by mail all persons who previously appeared in the matter and all persons who were entitled to mailed notice but were not mailed such notice. b. The hearing shall be conducted as provided in §18.108.100 if it is a hearing before the Board or Commission, except that the record of the previous hearing shall be reviewed and considered by the Board or Commission. If it is an appeal before the Council, the Council may hear such matters as are permitted in §18.108.1 10. A decision made after the hearing shall supersede the previous decision. H. Notwithstanding the period specified in subsections F.3 and G.3 of this section, the period for a hearing or appeal shall not exceed three years after the date of the initial decision. SECTION 15. 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. SECTION 16. 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-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections'], 22-23) 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 the / day of d 2011, an my PASSED and ADOPTED this /S day of /JQJ.iG1Xi 2011. Barbara M. Christensen, City Recorder SIGNED and APPROVED this�� day 2011. Jo n Stromberg, Mayor Rev wed as to form: avid LolKan, City Attorney An Ordinance Amending Misc. Section of Ch.]8 Page 31