HomeMy WebLinkAbout3058 Amending 18.72 Solar Energy Systems ORDINANCE NO.
AN ORDINANCE AMENDING THE SITE DESIGN AND REVIEW
CHAPTER (18.72) OF THE ASHLAND LAND USE ORDINANCE TO
EXEMPT SOLAR ENERGY SYSTEMS MEETING SPECIFIC
STANDARDS FROM SITE REVIEW REQUIREMENTS
Annotated to show deletisns 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, Oregon House Bill 3516, adopted in-201 1, established that installation and use of
solar photovoltaic energy systems or solar thermal energy systems on residential or commercial
buildings shall be an outright permitted use in any zone where such structures are an allowed use.
WHEREAS,the Ashland City Council has determined that it is in the best interest of the citizens
of the City to promote the use of solar energy systems to help reduce peak power demands,
provide residents and business owners with an alternative source of power during power outages,
and to help control the rising costs of electricity;
WHEREAS, the Ashland City Council has determined that it would be advantageous and
beneficial to the citizens of the City of Ashland to create procedures and incentives for the
implementation of green building practices including the installation of solar energy systems;
WHEREAS, the Ashland City Council has determined that it is appropriate to provide
standardized requirements for the placement of solar energy systems within Ashland's designated
historic districts to minimize the aesthetic impact upon the character of the historic resources;
WHEREAS, the City of Ashland Planning Commission considered the recommended
amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised
public hearing on February 14, 2012, and following deliberations recommended approval of the
amendments;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code and Land Use Ordinances on March 6, 2012;
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WHEREAS, the City Council of the City of Ashland, 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 10 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 18.72.030[Site Design and Use Standards] is hereby amended to
read as follows:
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.
d. Expansion of impervious surface area in excess of 10% of the area of the site or 1,000
square feet, whichever is less.
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.
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.
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.
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. .
i. Mechanical equipment not otherwise exempt from site design review per Section
18.72.030(B).
j. Installation of wireless communication facilities in accordance with Section18.72.180.
2. Residential uses:
a. Two or more residential units on a single lot.
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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.
e. Mechanical equipment not otherwise exempt from site design review per Section
18.72.030(B).
f. Installation of wireless communication facilities in accordance with Section 18.72.180.
(Ord 2984, amended, 05/19/2009; Ord 2951, amended, 07/01/2008; Ord 3036,
amended, 08/17/2010, Ord 3054, amended 12/16/2011)
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. Roof-mounted solar collection devices on Employment and Commercial zoned
properties located within designated historic districts if the footprint of the
structure is not increased, the plane of the system is parallel to the slope of the
roof and does not extend above the peak height of the roof or existing parapets,
or is otherwise not visible from a public right of way. The devices shall comply
with solar setback standards described in 18.70 and height requirements of the
respective zoning district.
d. e. Installation of mechanical equipment not exempted by (a,b,c,4) above or(e f) 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.-L Routine maintenance and replacement of existing mechanical equipment in all zones.
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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.
SECTION 4. 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 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 ac ordance with Article X,
Section 2(C) of the City Charter on the .3 day of 2012,
and ly PASSED and ADOPTED this ,/7F day of 12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2012.
J06jtromberg, Mayor
Reviewed as to form:
Davi ohman, ty Attorney
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