HomeMy WebLinkAbout3088 Amending 18 Traveler's Accommodations
ORDINANCE NO. 500e
AN ORDINANCE AMENDING CHAPTERS 18.08, 18.24.030, 18.28.030 AND
18.112 OF THE ASHLAND LAND USE ORDINANCE RELATING TO
DEFINITIONS, TRAVELER'S ACCOMMODATIONS IN MULTI-FAMILY
RESIDENTIAL DISTRICTS AND ENFORCEMENT ASSOCIATED WITH
TRANSIENT LODGING.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City Council has determined that preservation of the character of residential
neighborhoods is a legitimate and beneficial goal; and
WHEREAS, the City Council has found an increasing number of residential dwellings are being
rented to transients on a short-term basis for less than thirty (30) days; and
WHEREAS the City Council has determined the City has a substantial interest in ensuring that
all transient occupancy tax required to be collected and remitted is in fact collected and remitted
on a fair and equitable basis; and
WHEREAS, the'City Council has determined it is necessary to establish rules and regulations
to permit transient lodging within the City in order to ensure the safety and convenience of
transients, and to preserve the peace, safety and general welfare of the long-term resident of
neighboring properties; and
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on
June 11, 2013; and
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
Ordinance No. _ Page 1 of 9
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 the 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. Chapter 18.08 [Definitions] of the Ashland Land Use Ordinance is hereby
amended to newly include the following definitions:
18.08 Definitions
18.08.605 Primary Residence
The property that the taxpayer uses a majority of the time during the year
ordinarily will be considered the taxpayer's principal residence. In addition to
the taxpayer's use of the property, relevant factors in determining a taxpayer's
principal residence, may include, but are not limited to:
(i) The taxpayer's place of employment;
(ii) The principal place of abode of the taxpayer's family members;
(iii) The address listed on the taxpaver's federal and state tax returns,
driver's license, automobile registration, and voter registration card;
(iv) The taxpayer's mailing address for bills and correspondence;
(y) The location of the taxpayer's banks; and
(vi) The location of religious organizations and recreational clubs with which
the taxpayer is affiliated.
18.08.795 Traveler's Accommodations
Transient lodging went in a residential zone having rooms or
dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to
be paid for rental or use of such facilities for a period of less than thirty (30)
consecutive days, as is rental of a dwelling, building or any portion thereof on
two or more occasions within a 30-day period.
SECTION 2. Chapter 18.24.030 [R-2 Low Density Multifamily Residential District] of the
Ashland Land Use Ordinance, is hereby amended to read as follows:
18.24.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with
the chapter on conditional use, permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical, or similar schools.
C. Manufactured housing developments subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
Ordinance No. Page 2 of 9
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster,
investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs and
the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
1. Retail commercial uses located in a dwelling unit within the Railroad Historic - District
approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft.
in total area, including all storage and accessory uses, and shall be operated only by the
occupant of the dwelling unit uses, and the equivalent of one (1) half ('/z) time employee (up
to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian
traffic, and shall be located on a street having a fully improved sidewalk on at least the side
occupied by the business. The street shall be a fully improved street of residential City
standards or greater.
deleted I (Ord. 2624 82, 1991; Ord 2942 e7 2007)
J. Traveler's accommodations, subject to the following:
1. .
During operation of a traveler's accommodation, the property on which the
traveler's accommodation is sited must be the primary residence of the business-
owner.
aeeaFafnedation, and oeeupaney shall be determined as the tra~velef's
leeation being the ^ sidenee of the ^ f a,._:..,. r 4.
asnsm ndat"Business-owner" shall be defined as a person or persons who own
the property and accommodation outright; or who have entered into a lease agreement
with the property owner(s) allowing for the operation of the accommodation. Such
lease agreement must te-specifically state that the property owner is not involved in
the day to day operation or financial management of the accommodation, and that the
business-owner is wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997)
2. The property is located within 200 feet of a boulevard, avenue, neighborhood
collector as identified on the official Street Dedication Map in the City's
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley to a
lot line.
3.4. the The number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the business-owner's ewnef''s unit, shall
be determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot area
and the number of units, but not in excess of the maximum established by this
ordinance. The maximum number of accommodation units shall not exceed n
9 per approved traveler's accommodation with primary lot frontage on boulevard
aftef-iel streets. For traveler's accommodations without primary lot frontage on a
designated boulevard, but within 200 feet of a boulevard, avenue or
neighborhood collector street, the q'he-maximum number of units shall be
Ordinance No. _ Page 3 of 9
seven., a...,a.,a ~ ,.a,..:,......al... I,a c
designated ......w wa streets; of rva uu
ffentage .............e_:..1 and within 200 feet of. arterial. Street designations shall
be as determined by the official Street Dedication Map of the Ashland
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley
to a lot line. Distances shall be measttfed via a ubl: street , all' s t w
b. Excluding the business-owner's unit and the area of the structure it will occupy,
there must be at least 400 sq. ft. of gross interior floor space remaining per unit.
4.5. That-the-The primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for traveler's accommodation use, including
expansion of floor area. Additional structures may be allowed to accommodate
additional units, but must be in conformance with all setbacks and lot coverage of the
underlying zone.
5.-2-. That Each accommodation unit shall must have one (1) off-street parking
space and the owner's business-owner's unit shall must have two (2) parking spaces.
All spaces shall be in conformance with the requirements of the Off-Street Parking
section of this Title.
63-. That only Only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size is he allowed. Any exterior illumination
of signage shall be installed such that it does not directly illuminate any residential
structures adjacent or nearby the traveler's accommodation in violation of 18.72.110.
7.6: Transfer of business-ownership of a traveler's accommodation shall be subject to all
requirements of this section and conformance with the criteria of this section. All
traveler' s accommodations receiving their initial approvals prior to the effective date
of this ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of business-
ownership. Any further modifications beyond the existing approvals shall be in
conformance with all requirements of this section.
8.-7-. An annual inspection by the Jackson County Health Department shall be conducted
as required by the laws of Jackson County or the State of Oregon.
8.That the propefty on whieh the traveler's accommodation is operated is leeated
within 200 feet of a eolleetor or arterial street as designated in the City's
Comprehensive Plan. Distanees shall he measured via a publie street or alley
s to the site from the eoll....4.... or nir-teri..1
9. Traveler's accommodations must meet all applicable building, fire and related
safety codes at all times and must be inspected by the fire department before
occupancy following approval of a conditional use permit and periodically
thereafter pursuant to Chapter 15.28.
10. The business-owner must maintain a city business license and pay all transient
occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as
required.
11. Advertising for any traveler's accommodation must include the City of Ashland
Planning Action number assigned to the land use approval.
Ordinance No. Page 4 of 9
12. Offering the availability of residential property for use as a travelers
accommodation without a valid Conditional Use Permit approval, current
business license, and Transient Occupancy Tax registration is prohibited and
shall be subject to enforcement procedures.
L. Hostels
M. Disc antenna for commercial use.
N. Nonconforming use or structure changes required by Section 18.68.090.
0. New structures and additions to existing structures within a designated Historic District
which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general
regulations set forth in Section 18.24.040.
P. Temporary uses.
Q. Wireless Communication Facilities when attached to existing structures and authorized
pursuant to Section 18.72.180.
SECTION 3. Chapter 18.28.030 [R-3 High Density Multifamily Residential District] of the
Ashland Land Use Ordinance, is hereby amended to read as follows:
18.28.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with
the Chapter on Conditional Use Permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical or similar schools.
C. Manufactured housing developments, subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster,
investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs, and
the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
1_ (Ord. 2624 S3,1991; DELETED OFd 2-942 95;2007)
1. Traveler's accommodations, subject to the following:
1. That a r ;ide nee used er trevvele-s ° 'chai'n be bu : d
During operation of a traveler's accommodation, the property on which the
traveler's accommodation is sited must be the primary residence of the business-
owner. The business owner shall be required to reside eft the propei4y aeeupied by ___r
.'ny and d shall. ....w.b.. be ` eteF......., the ified the treevea.lu>s a
.:j,:..: j uwumm-avvaccvix
"Business-owner" shall be defined as a person or persons who own
aeeommodatiRn the property and accommodation outright; or who have entered into a lease agreement
with the property owner(s) allowing for the operation of the accommodation. Such
lease agreement must to-specifically state that the property owner is not involved in
the day to day operation or financial management of the accommodation, and that the
Ordinance No. Page 5 of 9
business-owner is wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997)
2. The property is located within 200 feet of a boulevard, avenue, neighborhood
collector as identified on the official Street Dedication Map in the City's
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley to a
lot line.
3.4. That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the business-owner's ewner's unit, shall
be determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot area
and the number of units, but not in excess of the maximum established by this
ordinance. The maximum number of accommodation units shall not exceed nine,
9 per approved traveler's accommodation with primary lot frontage on boulevard
arterial streets. For traveler's accommodations without primary lot frontage on a
designated boulevard, but within 200 feet of a boulevard, avenue or
neighborhood collector street, the T4it-maximum number of units shall be
seven.. ,.a.,ti,. . l,.t r_,...t,...e
delib w.t ..v..wwHaated ..,.11..etef ..t«..,.t.. o,i w. , . or F r traveler's a ,lotions not having.
..w
F ent, on an of e_i l and within 200 r et of ai. a Aerial. Street designations shall
be as determined by the official Street Dedication Map of the Ashland
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley
to a lot line. Dist: nees shall be measured via a ubli street , alley s the
40;L~Pnlleetef or 1
b. Excluding the business-owner's unit and the area of the structure it will occupy,
there must be at least 400 sq. ft. of gross interior floor space remaining per unit.
4.55.- That the The primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for traveler's accommodation use, including
expansion of floor area. Additional structures may be allowed to accommodate
additional units, but must be in conformance with all setbacks and lot coverage of the
underlying zone.
5.2- That eaeh Each accommodation unit shall must have one (1) off-street parking
space and the owner-'s business-owner's unit shall must have two (2) parking spaces.
All spaces shall be in conformance with the requirements of the Off-Street Parking
section of this Title.
6.3: That enly Only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size is he allowed. Any exterior illumination
of signage shall be installed such that it does not directly illuminate any residential
structures adjacent or nearby the traveler's accommodation in violation of 18.72.110.
7.6: Transfer of business-ownership of a traveler's accommodation shall be subject to all
requirements of this section and conformance with the criteria of this section. All
traveler' s accommodations receiving their initial approvals prior to the effective date
of this ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of business-
Ordinance No. Page 6 of 9
ownership. Any further modifications beyond the existing approvals shall be in
conformance with all requirements of this section.
8.-7-. An annual inspection by the Jackson County Health Department shall be conducted
as required by the laws of Jackson County or the State of Oregon.
v. a uwa the li, ul.e, aJ on whieh the traveler-'s neeoffintodation is operated is loeated
within 200 feet o f a eolleeter arterial street as designated in the CitJ'
• u.,,av u. • u
Comprehensive Plan. Distanees shall be measured via a publie street or alley
oeeess to the site from the eolleetor eir arterial.
9. Traveler's accommodations must meet all applicable building, fire and related
safety codes at all times and must be inspected by the fire department before
occupancy following approval of a conditional use permit and periodically
thereafter pursuant to Chapter 15.28.
10. The business-owner must maintain a city business license and nay all transient
occupancy tax in accordance with Chapter 4.24 and Chanter 6.04 of this code as
required.
11. Advertising for any traveler's accommodation must include the City of Ashland
Planning Action number assigned to the land use approval.
12. Offering the availability of residential property for use as a travelers
accommodation without a valid Conditional Use Permit approval, current
business license, and Transient Occupancy Tax registration is prohibited and
shall be subject to enforcement procedures.
J. Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height.
K. Hostels
L. Disc antenna for commercial use.
M. Enlargement, extension, reconstruction, substitution, structural alteration or reactivation
of nonconforming uses and structures pursuant to Section 18.68.090.
N. New structures and additions to existing structures within a designated Historic District
which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general
regulations set forth in Section 18.28.040.
0. Temporary uses.
P. Wireless Communication Facilities when attached to existing structures and authorized
pursuant to Section 18.72.180.
SECTION 4. Chapter 18.112.080 [Violations - nuisance], of the Ashland Land Use Ordinance,
is hereby replaced and amended to read as follows:
18.112.080 Violations--nuisance
Any building ef stfueture set up, ereeted, eenstructed, altered, enlarged, eenvefted, moved a
Title, and an), use of land building..
maintained contrary to the previsieHs ef this established, eandueted, operated, or maintained eetitfary to the previsions of this Title, shall
y, v.,.,....u.bo for the u..uw,,,u„a u„u
law, and may take stieh ether steps and apply to sueh eetirts as may have jurisdiefien te gf-
sueh relief as will abate Effid femove sueh buildings of pfevent an), person ffem setting tip,
Ordinance No. Page 7 of 9
ereeting, building, maintaining, using any building sueh or- stfuettire ef using praf'"T7 eO1"`R'T
te the provisions of this Title. The remedies provided for hefein shall be etimulative afid not
e"acelusive.
Section 18.112.080 Violations - nuisance
A. The following shall be and are hereby declared to be unlawful and a public nuisance:
1. Any building or structure set up, erected, constructed, altered, enlarged,
converted, moved or maintained contrary to the provisions of this Title:
2. Any use of land, building, or premise established, conducted, operated, or
maintained contrary to the provisions of this Title: and
3. Offering by means of newspaper, radio, television or Internet advertising or by
means of other displays for public view any use of land, building, or premise
established, conducted, operated without a valid land use approval or otherwise
maintained contrary to the provisions of this Title.
B. The code compliance specialist or City Attorney of the City may, or upon order of the
City Council, shall immediately commence action or proceeding for the abatement and
removal and enioinment of any public nuisance as defined in Section A above in the
manner provided by law, and may take such other steps and applied to such courts as may
have jurisdiction to grant such relief as will abate and remove such buildings, conditions,
or conduct.
C. The remedies provided for herein shall be cumulative and not exclusive.
SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. 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 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) 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 /7 day of 2013,
and du P and ADOPTED this / day of ~ -2013.
Z
Barbara M. Christensen, City Recorder
Ordinance No. Page 8 of 9
SIGNED and APPROVED this J day of 0&66"', 2013.
Mike Morris, Council Chair
Reviewed as to form:
DA H. Lohman, City Attorney
Ordinance No. Page 9 of 9