HomeMy WebLinkAbout3105 Unified Land Use Repealing 2052 & Replacing Title 18
ORDINANCE NO.31 DS
AN ORDINANCE OF THE CITY OF ASHLAND REPEALING
ORDINANCE NO. 2052 AND REPLACING IN ITS ENTIRETY EXISTING
TITLE 18 LAND USE OF THE ASHLAND MUNICIPAL CODE WITH A
RESTATED AND REVISED UNIFIED LAND USE ORDINANCE
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, Oregon Statewide Planning Goal 2 - Land Use Planning and Chapter 197 of the
Oregon Revised Statues require a land use planning process and policy framework as a basis for
all decision and actions related to the use of land, and allow land use ordinances as an
implementation measure to control land uses, development, and construction as measures for
carrying out the Comprehensive Plan; and
WHEREAS, AMC 18.108.170 allows amendments to the land use ordinance to conform to with
the comprehensive plan or to meet other changes in circumstances and conditions; and
WHEREAS, the Unified Land Use Ordinance is a reformatted version of Title 18 which
combines the existing land use ordinance, site design and use standards, and street standards into
a reformatted and amended document with improved organization, wording, formatting and
graphics; and
WHEREAS, the Unified Land Use Ordinance includes amendments to the existing Title 18
which are detailed in the table of land use ordinance and amendments and are intended to address
recommendations of the 2006 Land Use Ordinance Review, the planning application procedure
evaluation and green development evaluations; to improve standards and procedures; to
standardize chapters; and to address inconsistencies and clarify wording; and
WHEREAS, the City held a series of informal public meetings over the course of the project
and prior to the public hearings to review and discuss the reformatted document and ordinance
amendments including 22 Planning Commission meetings, nine advisory commission meetings,
two focus group meetings, and an open house; and
An Ordinance Amending AMC Title 18 Page 1
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to Title 18 Land Use of the Ashland Municipal Code on July
22, 2014, 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 August 19, 2014 and December 2, 2014, 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 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 public health, safety, and welfare of existing and future residents of the City, it is
necessary to revise the Ashland Land Use Ordinance in the manner proposed, that an adequate
factual base exists for the amendments, that 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. Ordinance No. 2052 is repealed.
SECTION 3. The document entitled "City of Ashland Land Use Ordinance," is attached hereto
as Exhibit A is hereby adopted, replacing in its entirety the existing Title 18 Land Use of the
Ashland Municipal Code.
SECTION 4. 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 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1-
4) need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
An Ordinance Amending AMC Title 18 Page 2
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the __,Z_day of L wo%6"- , 2014,
/ day of , 2014.
and duly PASSED and ADOPTED this 7/
~ 4 A~a4~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 1-? day of 1,,UMk, 2014.
Jo Strom erg, Mayor
Reviewed as to form:
David Lohman, City Attorney
An Ordinance Amending AMC Title 18 Page 3
ASHLAND MUNICIPAL CODE
TITLE 18
LAND USE
CHAPTERs:
18.04GENERAL PROVISIONS
18.08DEFINITIONS
18.12DISTRICTS AND ZONING MAP
18.14W-R WOODLAND RESIDENTIAL DISTRICT
18.16R-R RURAL RESIDENTIAL DISTRICT
18.20R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
18.22R-1-3.5 SUBURBAN RESIDENTIAL DISTRICT
18.24R-2 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT
18.28R-3 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT
18.30NM NORTH MOUNTAIN NEIGHBORHOOD
18.32C-1 RETAIL COMMERCIAL DISTRICT
18.40E-1 EMPLOYMENT DISTRICT
18.52M-1 INDUSTRIAL DISTRICT
18.53CM CROMAN MILL
18.54HC HEALTH CARE SERVICES ZONE
18.56OVERLAY ZONES
18.60Repealed by ord 3052
18.61TREE PRESERVATION AND PROTECTION
18.62PHYSICAL & ENVIRONMENTAL CONSTRAINTS
18.63WATER RESOURCE PROTECTION ZONES
18.64SOUTHERN OREGON UNIVERSITY
18.68GENERAL REGULATIONS
18.70SOLAR ACCESS
18.72SITE DESIGN REVIEW
18.76PARTITIONS
18.80SUBDIVISIONS
18.82STREET AND GREENWAY DEDICATIONS
18.84MANUFACTURED HOUSING DEVELOPMENTS
18.88PERFORMANCE STANDARDS OPTIONS
18.92PARKING,ACCESS AND CIRCULATION
18.94HOME OCCUPATIONS
18.96SIGN REGULATIONS
18.100VARIANCES
18.104CONDITIONAL USE PERMITS
18.106ANNEXATIONS
18.108PROCEDURES
18.110BALLOT MEASURE 49 CLAIMS -amended Ord 2948 02/19/2008
18.112ENFORCEMENT
18.114CHAPTER REGULATORY TAKING CLAIMS-REPEALED ORDINANCE 2892
12/17/02
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CHAPTER 18.04
GENERAL PROVISIONS
SECTIONs:
18.04.010Title.
18.04.020Purpose.
18.04.030Enactment and Effect.
SECTION 18.04.010Title.
This Title shall be known as the "Land Use Ordinance" of theCity.
SECTION 18.04.020Purpose.
The purpose of this Title is to encourage the most appropriate and efficient use of land; to accommodate
orderly growth; to provide adequate open space for light and air; to conserve and stabilize the value of
property; to protect and improve the aesthetic and visual qualities of the living environment; to aid in
securing safety from fire and other dangers; to facilitate adequate provisions for maintaining sanitary
conditions; to provide for adequate access to and throughproperty; and in general to promote the public
health, safety and the general welfare, all of which is in accordance with and in implementation of the
Comprehensive Plan of the City of Ashland, Race, color, religion, sex, sexual orientation, national origin
or disability shall not be an adverse consideration in making any decision under the Land Use Ordinance.
SECTION 18.04.030Enactment and Effect.
This Title shall apply to all actions which have not reached the following steps:
A.Site review: final approval by Staff Advisor or Commission;
B.Partitioning and Subdivision: approval of preliminary plan;
C.Planned Unit Developments: final approval by Commission;
D.Signs: Final Approval;
E.Variances and Conditional Use Permits: Commission approval;
F.Zone text or map change: Ordinance Enactment;
G.Uses permitted outright in C-1 & C-2 Zones.(Ord. 2097 S11, 1980)
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CHAPTER 18.08
DEFINITIONS
SECTIONs:
18.08.010Generally.
18.08.019Accessory Residential Unit
18.08.020Accessory structure or use.
18.08.030Agriculture or agricultural use.
18.08.040Agricultural structures.
18.08.050Airspace obstruction.
18.08.060Alley.
18.08.070Architectural Projection.
18.08.075Automobile Service Station.
18.08.077Bar.
18.08.078Basement
18.08.080Block.
18.08.090Boarding-room house
18.08.100Building line.
18.08.110City.
18.08.120Commercial, or commercial use.
18.08.130Commission.
18.08.135Condominiums.
18.08.140Council.
18.08.150Court, inner.
18.08.160Coverage, lot or site
18.08.170Day care, nursery or kindergarten.
18.08.175Deer Fence
18.08.180Development plan.
18.08.185Disc Antenna.
18.08.190District A zoning district
18.08.195Driveway.
18.08.196Driving Surface.
18.08.200Dwelling, single-family.
18.08.210Dwelling, two family or duplex.
18.08.220Dwelling, multiple-family.
18.08.230Dwelling, or dwelling unit
18.08.240Easement.
18.08.250Family.
18.08.255Fire Work Area.
18.08.256Floor areas, gross habitable
18.08.257Floor area, gross
18.08.260Garage, private.
18.08.270Garage sale.
18.08.280Grade or Ground Level.
18.08.281Ground floor
18.08.285Group Home.
18.08.290Height of buildings.
18.08.291Historic District
18.08.300Home occupation.
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18.08.305Home-Oriented Commercial Activities.
18.08.310Hospital.
18.08.315Hostel.
18.08.320Hotel.
18.08.330Industrial, or industrial use.
18.08.340Kennel.
18.08.341LEED Accredited Professional
18.08.342LEED certification
18.08.343LEED Green Building Rating System or LEED Rating System
18.08.345.Legislative amendment.
18.08.350Lot.
18.08.360Lot area.
18.08.370Lot corner.
18.08.380Lot depth.
18.08.390Lot, flag.
18.08.400Lot, interior.
18.08.410Lot line.
18.08.420Lot line, front.
18.08.430Lot line, rear.
18.08.440Lot line, side.
18.08.450Lot, reversed corner.
18.08.460Lot, through.
18.08.470Lot width.
18.08.475Manufactured Home.
18.08.480Map.
18.08.485Mechanical Equipment
18.08.486Medical Marijuana Dispensaries
18.08.487Minor amendment.
18.08.490Mobile home.
18.08.500Mobile home court,park or subdivision.
18.08.510Motel.
18.08.515Mural.
18.08.517Nightclub.
18.08.520Nonconforming structure or use.
18.08.530Parking Space
18.08.540Partition.
18.08.550Partition, major land.
18.08.560Partition, minor land.
18.08.570Pedestrian way.
18.08.580Person.
18.08.590Planned unit development.
18.08.595Planning Application, Planning Action
18.08.595.Planning action.
18.08.600Plat.
18.08.601Porch, enclosed/unenclosed
18.08.602Porous Solid Surface
18.08.605Primary Residence
18.08.610Private way.
18.08.615Quarry Face.
18.08.616Rain Barrel
18.08.617Reconstruct
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18.08.620Recreational vehicle or travel trailer.
18.08.622Rehabilitation
18.08.630Residential, or residential use.
18.08.635Restaurant.
18.08.636Restoration
18.08.640Secretary.
18.08.650Setback
18.08.651Repealed by Ord 3052
18.08.655Shadow Plan
18.08.660Staff advisor.
18.08.661Story, half
18.08.662Story
18.08.670Street.
18.08.680Street, arterial.
18.08.690Street, collector.
18.08.700Street, cul de sac.
18.08.710Street, half.
18.08.720Street, marginal access.
18.08.730Street, minor.
18.08.740Story.
18.08.750Structure or building
18.08.760Structural alteration.
18.08.770Subdivide land.
18.08.780Subdivision.
18.08.790Tract, or area of land.
18.08.795Traveler’ s Accomodations
18.08.800Temporary Use.
18.08.810Use.
18.08.820Vision clearance area.
18.08.825Water Budget
18.08.830Yard
18.08.840Yard, front.
18.08.850Yard, side.
18.08.860Yard, rear.
18.08.870.Zoning permit.
SECTION 18.08.010Generally.
As used in this Title, the masculine includes the feminine and the neuter and the singular includes the plural.
SECTION 18.08.019Accessory Residential Unit
A second dwelling unit either attached to a single family dwelling or located on the same lot with a single
family dwelling and having an independent means of access.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.020Accessory structure or use.
A structure or use incidental and subordinate to the main use of the property, and which is located on the
same lot with the main use. Private garages and carports are accessory buildings when not attached to the
main building. This definition shall also apply to mechanical equipment as defined in Section 18.08.485.
(Ord. 2289 S1,1984)
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SECTION18.08.030Agriculture or agricultural use.
The use of the land for crops and tree farming; the tilling of the soil, and the raising of field and tree crops.
SECTION 18.08.040Agricultural structures.
Structures intended primarily or exclusively for support of an agricultural function, and exemplified by, but
not restricted to barns, silos, water towers, windmills, greenhouses.
SECTION 18.08.050Airspace obstruction.
Any structure, tree, land mass, or use of land which penetrates a transitional, horizontal, or conical surface
of an airport, airport approach, or airport overlay as defined by this Title and/or regulations of the Federal
Aviation Administration.
SECTION 18.08.060Alley.
A narrow street, twenty (20) feet or less in width, through a block primarily for vehicular service access to
the back or side of properties otherwise abutting on another street.
SECTION 18.08.070Architectural Projection.
Eaves, decorative extensions, bay windows having no floor space, or other portions of a building having no
living space nor key structural value.
SECTION 18.08.075Automobile Service Station.
A business providing service to the motoring public. Such uses can include light repair, tune-ups,
transmission or drive train repairs to automobiles or light trucks. No outside storage of any automobiles or
materials such as tires, auto parts, etc., is allowable. (Ord. 2121 S1, 1981)
SECTION 18.08.077Bar.
Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where
food may be available for consumption on premises as accessory to the principal use. (Ord. 2812, S1 1998)
SECTION 18.08.078Basement
That portion of a building with a floor-to-ceiling height of not less than 6.5 feet and where fifty percent
(50%) or more of its perimeter walls are less than six (6) feet above natural grade and does not exceed
twelve (12) feet above finish grade at any point.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.080Block.
The land surrounded by streets and other right-of-way other than an alley, or land which is designated as a
block on any recorded subdivision map.
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SECTION 18.08.090Boarding-room house
A dwelling or part thereof, other than a hotel or motel, where lodging with or without means is provided, for
compensation, for three (3) or more persons, for a minimum period of thirty (30) days.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.100Building line.
A line on a plat indicating the limit beyond which buildings or structures may not be erected.
SECTION 18.08.110City.
The City of Ashland, Oregon.
SECTION 18.08.120Commercial, or commercial use.
Any activity involving the sale of goods or services for profit.
SECTION 18.08.130Commission.
The Planning Commission of the City. (Ord. 2775, 1996)
SECTION 18.08.135Condominiums.
A development providing for individual ownership of units or airspace in a multi-unit structure or
structures, in which the underlying land and/or structures are held under joint dominion.
SECTION 18.08.140Council.
The City Council of the City.
SECTION 18.08.150Court, inner.
Area upon which any of four dwelling units in opposing (facing) dwellings opens.
SECTION 18.08.160Coverage, lot or site
Total area of all, buildings, parking areas, driveways, as well as othersolid surfaces that will not allow
normal water infiltration to the ground. The coverage is expressed as a percentage of such area in relation
to the total gross area of the lot or site. Landscaping which does not negatively impact the natural water
retention and soil characteristics of the site shall not be deemed part of the lot or site coverage.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.170Day care, nursery or kindergarten.
A school or care center housing five (5) or more children for no more than twelve (12) hours per day where
the student-to-staff ratio is ten (10) to one (1) or less.
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SECTION 18.08.175Deer Fence
An open fence used to prevent entry by deer or other wildlife for the purpose of protecting gardens,
vegetation and yards.
(Ord 3060, added, 04/17/2012)
SECTION 18.08.180Development plan.
Any plan adopted by the Planning Commission for the guidance of growth and improvement of the City,
including modifications or refinements made from time to time.
SECTION 18.08.185Disc Antenna.
A devise incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a
shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit and/or receive radio or
electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to
include, but is not limited to, what are commonly referred as satellite earth stations, TVROS, and
microwave antennas. (Ord. 2475 S2, 1988)
SECTION 18.08.190District A zoning district
A."R" district indicates any residential zoning district.
B."C" district indicates any commercial zoning district.
C."M" district indicates any industrial zoning district.
D."A" district indicates any airport overlay district.
E.“CM” District indicates any Croman Mill Plan zoning district
(Ord 3036, added, 08/17/2010)
SECTION 18.08.195Driveway.
An accessway serving a single dwelling unit or parcel of land, and no greater than 50' travel distance in
length. A flag drive serving a flag lot shall not be a driveway. Single dwelling or parcel accesses greater
than 50' in length shall be considered as a flag drive, and subject to all of the development requirements
thereof. (Ord. 2604 S1; Ord. 2663 S1, 1992)
SECTION 18.08.196Driving Surface.
A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to be of minimum
width as required by ordinance. Width shall be increased on turns where necessary to ensure fire apparatus
remain on a paved surface during travel. (Ord. 2663 S2,1992)
SECTION 18.08.200Dwelling, single-family.
A detached building containing one (1) dwelling unit.
SECTION 18.08.210Dwelling, two family or duplex.
A detached building containing two (2) dwelling units.
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SECTION 18.08.220Dwelling, multiple-family.
A building containing three (3) or more dwelling units.
SECTION 18.08.230Dwelling, or dwelling unit
One (1) or more rooms designed for occupancy by one (1) family and not having more than one (1) kitchen
or cooking facility. For the purpose of this Title, the term "dwelling," or "dwelling unit," does not include
the term "trailer house."
SECTION 18.08.240Easement.
A grant of the right to use a strip of land for specific purposes.
SECTION 18.08.250Family.
An individual, or two (2) or more persons related by blood, marriage, legal adoption, or guardianship; not
more than five (5) persons who are not related by blood, marriage, legal adoption or guardianship.
SECTION 18.08.255Fire Work Area.
An area capable of supporting up to 44,000 lbs. gross vehicle weight. Area to be a minimum of 20' by 40'
and clear of vertical obstructions. (Ord. 2663 S2, 1992)
SECTION 18.08.256Floor areas, gross habitable
The total area of all floors in a dwelling measured to its outside surfaces that areunder the horizontal
projection of the roof or floor above with at least seven (7) feet of head room, excluding uninhabitable
spaces accessed solely by an exterior door.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.257Floor area, gross
The total area of all floors in a building measured to the outside surfaces that are under the horizontal
projection of the roof or floor above.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.260Garage, private.
An enclosed or open (carport) roofed accessory structure designed to house vehicles owned by occupant(s)
of a residential structure.
SECTION 18.08.270Garage sale.
A temporary activity conducted on the premises of a private residence for the purpose of disposal of goods
or belongings of the residents of the dwelling. Such activity shall have a duration of not more than two (2)
days, nor shall it occur more than twice within any three hundred sixty-five (365) day period. Such
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activity shall not be accompanied by any off-premises advertisement. For the purposes of this Title,
garage sales shall not be considered a commercial activity.
SECTION 18.08.280Grade or Ground Level.
The average of the finished ground level at the center of all walls of the building. In case a wall is parallel
to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.
SECTION 18.08.281Ground floor
The first floor of a building other than a cellar or basement.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.285Group Home.
A dwelling housing a group in excess of five (5) individuals not related by blood, marriage, adoption or
guardianship who function as a single housekeeping unit under a common management plan based on an
intentionally structured relationship providing organization and stability. Such facilities can include, but
are not limited to, homes for orphans, foster children, the elderly and battered women and children. (Ord.
2348 S2, 1985)
SECTION 18.08.290Height of buildings.
The vertical distance from the "grade" to thehighest point of the coping of a flat roof or to the deck line of
a mansard roof or to the average height of the highest gable of a pitch or hip roof.
SECTION 18.08.291Historic District
A district identified as historically significant under the City of Ashland Comprehensive Plan and its
implementing regulations (e.g. overlay zones).
(Ord 2951, added, 07/01/2008)
SECTION 18.08.300Home occupation.
A commercial activity permitted in a residential zone as provided in Chapter 18.94.
Home-Oriented Commercial Activities.
SECTION 18.08.305
The operation of small local-convenience businesses within the Railroad District as identified by the
Ashland Historic Commission and approved by the Council. Such businesses may include grocery stores,
barber and beauty shops and similar uses, provided the residential character of the property is maintained
and no additional off-street parking shall be required.
SECTION 18.08.310Hospital.
An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or
surgical care and nursing service on a continuous basis.
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SECTION 18.08.315Hostel.
Any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or
to be paid for rental or use of facilities and which are operated, managed or maintained under the
sponsorship of a non-profit organization which holds a valid exemption from federal income taxes under
the Internal Revenue Code of 1954, as amended. (Ord. 2353 S1, 1985)
SECTION 18.08.320Hotel.
A building in which lodging is provided to guests for compensation and in which no provisions are made for
cooking in the lodging rooms.
SECTION 18.08.330Industrial, or industrial use.
An activity related to the manufacture, production or storage of produce to be transported elsewhere for
retail sale.
SECTION 18.08.340Kennel.
Any premises where four (4) or more dogs or cats are kept or permitted to remain, except veterinary clinics.
SECTION 18.08.341LEED Accredited Professional
Aperson who has earned a credential as a Leadership in Energy and Environmental Design (LEED®)
Accredited Professional from the U.S. Green Building Council, or Green Building Certification Institute, in
accordance with their standards and requirements.
(Ord3036, amended, 08/17/2010)
SECTION 18.08.342LEED certification
A building registered with the U.S. Green Building Council which has satisfied all prerequisites and has
earned a minimum number of points outlined in the Leadership in Energy and Environmental Design
(LEED®) Rating System under which it is registered. Levels of certification include Certified, Silver, Gold
and Platinum.
(Ord 3036, amended, 08/17/2010)
SECTION 18.08.343LEED Green Building Rating System or LEED Rating System
The most recently published version of the Leadership in Energy and Environmental Design (LEED®)
Green Building Rating Systems by the U.S. Green Building Council, or the version to be superseded for one
year after the publication of a new applicable LEED® Rating System version.
(Ord 3036, amended, 08/17/2010)
SECTION 18.08.345.Legislative amendment.
An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the
zoning map, comprehensive plan maps or other official maps including the street dedication map described
in section 18.82.050, for land involving numerous parcels under diverse ownerships. (ORD. 2775, 1996)
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SECTION 18.08.350Lot.
A unit of land created by a partition or a subdivision, or a unit or contiguous units of land under single
ownership, which complies with all applicable laws at the time such lots were created. Any contiguous
ownership of non-conforming lots will be considered one (1) tract of land. (Ord. 2097 S1, 1980)
SECTION 18.08.360Lot area.
The totalhorizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way.
SECTION 18.08.370Lot corner.
A lot abutting the intersection of two or more streets other than an alley.
SECTION 18.08.380Lot depth.
The horizontal distance from the midpoint of the front lot line to the midpoint of the rear of lot line.
SECTION 18.08.390Lot, flag.
Any lot which has frontage on a city street which is less than 40 feet, and which is provided with access by
an alley ora driveway parallel to the lot line of a lot having standard access. (amended Ord. 2757, 1995).
SECTION 18.08.400Lot, interior.
A lot other than a corner lot.
SECTION 18.08.410Lot line.
The property line bounding a lot.
SECTION 18.08.420Lot line,front.
In the case of an interior lot, the lot line separating the lot from the street other than an alley. A corner lot
shall have one (1) street line considered the front lot line. The narrower street frontage shall be the front lot
line except when the Staff Advisor determines topographical or access problems make such a designation
impractical.
SECTION 18.08.430Lot line, rear.
A lot line which is opposite and most distant from the front lot line, and in the case of an irregular,
triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum
distance from the front lot line.
SECTION 18.08.440Lot line, side.
Any lot line not a front or rear lot line.
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SECTION 18.08.450Lot, reversed corner.
A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its
rear.
SECTION 18.08.460Lot, through.
An interior lot having frontage on two (2) parallel or approximately parallel streets other than alleys. Such
a lot shall have one (1) front yard fronting on the primary public street.
SECTION 18.08.470Lot width.
The average (mean) horizontal distance between the side lot lines, ordinarily measured parallel to the front
lot line.
SECTION 18.08.475Manufactured Home.
Residential structures with a Department of Housing and Urban Development (HUD) label certifying that
the structure is constructed in accordance with the national Manufactured Housing Construction and Safety
Standards Act of 1974, as amended onAugust 22, 1981. (Ord. 2612 S1, 1991)
SECTION 18.08.480Map.
A diagram or drawing of a partition or subdivision or any other land use or land development matter.
SECTION 18.08.485Mechanical Equipment
Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include
heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV
receiving or transmitting antennas, and any power generating devices.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.486 Medical Marijuana Dispensaries
Any facility registered by the Oregon Health Authority under ORS 475.300 to 475.346 that dispenses
marijuana pursuant to ORS 475.314.
(Ord 3097, added 07/01/2014)
SECTION 18.08.487Minor amendment.
An amendment to a subdivision or partition plat that:
A.Does not increase the number of lots or parcels created by the subdivision or partition;
B.Does not enlarge the boundaries of subdivided or partitioned area;
C.Does not change the general location or amount of land devoted to a specific land use; or
D.Makes only minor shifting of the established lines, location or size of buildings or building
envelopes, proposed public or private streets,pedestrian ways, utility easements, parks or other
public open spaces. (Ord. 2775, 1996)
SECTION 18.08.490Mobile home.
A building or vehicle which is portable or which was originally designed to be portable and which was
constructed or modified to permit occupancy for dwelling purposes. This term shall include self-propelled
mobile homes, pickup campers, mobile homes, travel trailers, trailers, and other similar equipment which
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may be utilized for dwelling purposes.
SECTION 18.08.500Mobile home court, park or subdivision.
A plot of ground upon which one (1) or more mobile homes occupied for dwelling purposes are located,
regardless of whether a charge is made for such accommodation.
SECTION 18.08.510Motel.
A building or group of buildings on the same lot containing guest units for rental to transients, with separate
entrances directly exterior and consisting of individual sleeping quarters, detached or in connected rows,
with or without cooking facilities. (Ord. 2052, 1979)
SECTION 18.08.515Mural.
A graphic design on a building which represents a person, place, scene or other artistic endeavor. This
definition does not include architectural enhancement of a building facade; however, this would be subject
to the procedural and substantive design review portion of the Site Review Chapter. (Ord. 2097 S2, 1980)
SECTION 18.08.517Nightclub.
An establishment dispensing liquor and meals and in which live music, dancing, or entertainment is
conducted. (Ord 2812, S1 1998)
SECTION 18.08.520Nonconforming structure or use.
An existing structure or use lawful at the time the ordinance codified in this Title, or any amendment
thereto, becomes effective, and which does not conform to the requirements of the zone in which it is
located.
SECTION 18.08.530Parking Space
A space designed and designated to provide parking for a motor vehicle and in compliance with Chapter
18.92 parking standards.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.540Partition.
To divide an area or tract of land into three(3) or fewer lots within twelve (12) months.
SECTION 18.08.550Partition, major land.
A partition which necessitates the creation of a road or street.
SECTION 18.08.560Partition, minor land.
A partition that does not necessitate the creation of a road or street.
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SECTION 18.08.570Pedestrian way.
A right-of-way for pedestrian traffic.
SECTION 18.08.580Person.
An individual, firm, partnership, association, corporation, estate, receiver, syndicate, branch of
government, social or fraternal organization, or any other group or combination acting as a legal entity, and
including any trustee, assignee, or other representative thereof.
SECTION 18.08.590Planned unit development.
A development on land under unified control according to comprehensive plans and a single development
plan for uses and buildings related to the character of the district with a program for operation and
maintenance of common areas.
SECTION 18.08.595Planning Application, Planning Action
A planning application is an application, other than an application for legislative amendment, filed pursuant
to the requirements of thisordinance. A planning action is a proceeding pursuant to this ordinance in
which the legal rights, duties or privileges of specific parties are determined, and any appeal or review of
such proceeding, pursuant to the provisions of this ordinance. A planning action does not include a
ministerial action or a legislative amendment.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.595.Planning action.
A proceeding pursuant to this ordinance in which the legal rights, duties or privileges of specific parties are
determined, and any appeal or review of such proceeding, pursuant to the provisions of this ordinance. A
planning action does not include a ministerial action or a legislative amendment. (Ord 2775, 1996)
SECTION 18.08.600Plat.
A diagram, drawing or replat containing all the descriptions, locations, specifications, dedications,
provisions and information concerning a subdivision.
SECTION 18.08.601Porch, enclosed/unenclosed
Covered porches, exterior balconies, or other similar areas attached to a building and having dimensions of
not less than six (6) feet in depth by eight (8) feet in length. “Enclosed means the porch contains wall(s)
that are more than forty-two (42) inches in height measured from finished floor level, for fifty percent
(50%) or more of the porch perimeter. “Unenclosed” means the porch contains no such walls, but it may
be covered.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.602Porous Solid Surface
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Porous solid surface is a permeable surface built with an underlying stone reservoir that temporarily stores
surface runoff before it infiltrates into the subsoil. Porous solid surfaces include pervious asphalt, pervious
concrete, grass or permeable pavers, or decks that allow runoff to infiltrate the subsoil beneath the deck.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.605Primary 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 taxpayer’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;
(v)The location of the taxpayer’s banks; and
(vi)The location of religious organizations and recreational clubs with which the taxpayer is affiliated.
(Ord 3088, amended, 10/01/2013)
SECTION 18.08.610Private way.
A private easement or ownership established by deed for vehicular access to property.
Quarry Face.
SECTION 18.08.615
The split face of the incision where the disturbed surface meets the natural, undisturbed surface. (Ord.
2290 S4, 1984)
SECTION 18.08.616RainBarrel
A barrel used to collect and store rain water runoff from rooftops via rain gutters for non-potable use.
(Ord 3060, added, 04/17/2012; Ord 2951, added, 07/01/2008)
SECTION 18.08.617Reconstruct
To recreate or reassemble a structure of building with a new or replacement structure that recreates or
reproduces its form, shape and location as originally built.
(Ord 3060, added, 04/17/2012)
SECTION 18.08.620Recreational vehicle or travel trailer.
A self-propelled or towable mobile unit used for temporary dwelling purposes by travelers.
SECTION 18.08.622Rehabilitation
The act or process of making possible a compatible use for a property through repair, alterations, and
additions while preserving those portions or features which convey its historical, cultural, or architectural
values.
(Ord 3062, added, 05/01/2012)
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SECTION 18.08.630Residential, or residential use.
Any activity, as contrasted with commercial and industrial activities, which involves the peaceful, private
conduct of pursuits related to the living environment.
SECTION 18.08.635Restaurant.
An establishment where food and drink are prepared, served, and consumed. Consumption may occur
within the principal building or outside the confines of the building.(Ord 2812, S1 1998)
SECTION 18.08.636Restoration
The act or process of accurately depicting the form, features, and character of a property as it appeared at a
particular period of time by means of the removal of features from other periods in its history and
reconstruction of missing features from the restoration period. The limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required work to make properties functional is
appropriate within a restoration project.
(Ord 3062, added, 05/01/2012)
SECTION 18.08.640Secretary.
The Secretary to the Planning Commission who is the Director of the City Planning Department.
SECTION 18.08.650Setback
The horizontal perpendicular distance from a lot line to the closest part of a building or structure that is
subject to a setback or yard requirement. Architectural projections may intrude into required setbacks as
set forth in Section 18.68.040. When multi-story setbacks are specified, the setback for a story above the
ground floor is measured horizontally from the lot line to the plane of the nearest wall of the upper story.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.655Shadow 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.
(Ord 3054, added, 11/15/2011)
SECTION 18.08.660Staff advisor.
The Secretary, as defined in 18.08.640, or an authorized representative.
SECTION 18.08.661Story, half
A half story is a space under a sloping roof that has the line of intersection of the roof and exterior wall face
not more than three (3) feet above the floor level below and in which space the floor area with head room of
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five (5) feet or more occupies nomore than fifty percent (50%) of the total floor area of the story directly
beneath.
Sloping Roof Half Story. If Floor Area “A” is no more
than 50% of Floor Area “B” –then “A” is a half story. If the wall face is more than three (3) feet above thefloor level
below at the rear or side yard setback line, then it shall be considered a full story for purposes of setback
measurements.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.662Story
That portion of a building included between the upper surface of any floor and the upper surface of the floor
next above, except that the top story shall be that portion of a building included between the upper surface
of the top floor and the ceiling above. A basement shall not be considered a story. If the wall face of the
upper most floor at the rear or side yard setback line is more than three (3) feet above the floor level below,
the upper floor shall be considered a story for purposes of setbacks. Unenclosed decks, porches, balconies
and similar features are not considered stories.
(Ord 2951, added, 07/01/2008)
SECTION 18.08.670Street.
A public right-of-way for roadway, sidewalk, and utility installation including the terms "road," "highway,"
"land," "place," "avenue," "alley" or other similar designations. The entire width between the right-of-way
lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic.
SECTION 18.08.680Street, arterial.
A street used primarily for through traffic.
SECTION 18.08.690Street, collector.
A street used to some extent for through traffic and to some extent for access to abutting properties.
SECTION 18.08.700Street, cul de sac.
A short dead-end street terminated by a vehicle turnaround.
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SECTION 18.08.710Street, half.
Aportion of the width of a street, usually along the edge of a subdivision, where the remaining portion of
the street could be provided in another subdivision.
SECTION 18.08.720Street, marginal access.
A minor street parallel and adjacent to a major arterial street providing access to abutting properties but
protected from through traffic.
SECTION 18.08.730Street, minor.
A street intended primarily for access to abutting properties.
SECTION 18.08.740Story.
That portion of a building included between the upper surface of any floor and the upper surface of the floor
next above, except that the top story shall be that portion of a building included between the upper surface
of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more
than six (6) feet above grade, the basement or cellar shall be considered a story.
SECTION 18.08.750Structure or building
That which is built or constructed; an edifice or building of any kind or any piece of work artificially built
up or composed of parts joined together in some definite manner and which requires location on, in, or
above the ground or which is attached to something having a location on, in or above the ground.
Structures thirty (30) inches in height or less, including entry stairs, uncovered porches, patios and similar
structures, are exempt from the side and rear yard setback requirements and from half (1/2) the yard
requirements for the front yard and side yard abutting a public street.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.760Structural alteration.
A change to the supporting members of a structure including foundations, bearing walls or partitions,
columns, beams or girders, or the roof.
SECTION 18.08.770Subdivide land.
To divide an area or tract of land into four (4) or more lots within twelve (12) months.
SECTION 18.08.780Subdivision.
An act of subdividing land or a tract of land subdivided as defined in this Section.
SECTION 18.08.790Tract, or area of land.
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A unit, or contiguous units, of land under single ownership. (Ord. 2052, 1979)
SECTION 18.08.795Traveler’ s Accomodations
Transient lodging 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 a rental of a dwelling, building or any portion thereof on two or more
occasions within a 30-day period.
(Ord 3088, amended, 10/01/2013; Ord 2951, amended, 07/01/2008)
SECTION 18.08.800Temporary Use.
A short-term, seasonal, or intermittent use. Such use shall be approved by Conditional Use Permit only,
with such conditions as the Commission deems reasonable in accordance with the Conditional Use
standards.
SECTION 18.08.810Use.
The purpose for which land or a structure is designated, arranged, or intended, or for which it is occupied or
maintained.
SECTION 18.08.820Vision clearance area.
A triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of
which are lot lines measured from the corner intersection of the lot lines for a distance specified in these
regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other
two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a
straight line to a point of intersection. (Ord. 2052, 1979)
SECTION 18.08.825Water Budget
The amount of water a landscape needs taking into account the inputs and outputs of water to and from the
root zone. Inputs, such as precipitation, are subtracted from outputs, such as evapotranspiration, to calculate
the water needs of the landscape.
(Ord 3036, amended, 08/17/2010)
SECTION 18.08.830Yard
An open space on a lot which is unobstructed by a structure.
(Ord 2951, amended, 07/01/2008)
SECTION 18.08.840Yard, front.
A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot
line to the nearest point of the building.
SECTION 18.08.850Yard, side.
An open space between the front and rear yards measured horizontally and atright angles from the side lot
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line to the nearest point of the building.
SECTION 18.08.860Yard, rear.
A yard between side lot lines and measured horizontally at right angles to the rear yard line from the rear
yard line to the nearest point of the building.
SECTION 18.08.870.Zoning permit.
An acknowledgement made to the Building Official by the Staff Advisor that the application for a building
permit meets the requirements of the Land Use Ordinance. Where applicable a zoning permit may also set
forth any special conditions to be met by the applicant prior to issuance of a Certificate of Occupancy or any
other planning and zoning related conditions to be enforced by the Building Official. (Ord. 2775, 1996)
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CHAPTER 18.12
DISTRICTS AND ZONING MAP
SECTIONs:
18.12.010Compliance required.
18.12.020Classification of Districts
18.12.030Zoning Map and Land Use Control Maps
18.12.040District Boundaries.
18.12.050Similar Uses.
SECTION 18.12.010Compliance required.
No structure or lot shall hereafter beused or occupied and no structure or part thereof shall be created,
moved, reconstructed, extended, enlarge, or altered contrary to the provisions of this Title.
SECTION 18.12.020Classification of Districts
For the purpose of this Title, the City is divided into zoning districts designated as follows:
Map Symbol and
Zoning Districts and Overlays
Abbreviated Designation
Airport OverlayA
Residential -RuralRR
Residential -Single FamilyR-1
Residential -Low Density Multiple FamilyR-2
Residential-High Density Multiple FamilyR-3
CommercialC-1
Commercial -DowntownC-1-D
EmploymentE-1
IndustrialM-1
Woodland ResidentialWR
SOU -Southern Oregon UniversitySOU
Performance Standards Options OverlayPSO
Pedestrian Place OverlayPP
Detail Site Review ZoneDSR
Health Care Services ZoneHC
North Mountain NeighborhoodNM
Croman Mill District ZoneCM
Residential OverlayR
Freeway Sign OverlayF
(Ord 3054, amended, 11/15/2011; Ord 3036, amended, 08/17/2010; Ord 2951, amended, 07/01/2008)
SECTION 18.12.030Zoning Map and Land Use Control Maps
A.The location and boundaries of the zoning districts designated in Section 18.12.020, physical and
environmental constraints designated in Section 18.62.060, Detail Site Review Zone designated in
Chapter 18.72 are established as shown on the map entitled "Zoning and Land Use Control Maps of the
City of Ashland," dated with the effective date of the ordinance codified herein, and signed by the
Mayor and City Recorder and hereafter referred to as the "Zoning and Land Use Control Maps."
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B.The signed copy of said Zoning and Land Use Control Maps shall be maintained on file in the office of
the City Recorder and is made a part of this Title.
(Ord 3051, Amended, 11/15/2011, amended to add a Pedestrian Place (PP) Overlay designation to approx 72 acres of land within
the City limits; also reflected on revised Zoning Map; Ord 2951, amended, 07/01/2008)
SECTION 18.12.040District Boundaries.
Unless otherwise specified, district boundaries are lot lines, the center lines of streets, and railroad
right-of-way, or such lines extended. If a district boundary divides a lot into two (2) districts, the entire lot
shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district
boundary, provided the boundary adjustment is for a distance not to exceed twenty (20) feet.
SECTION 18.12.050Similar Uses.
Where a particular use is not listed as permitted or conditional use in a given zone, the Planning
Commission may, afterappropriate analysis, determine that the use is similar to those listed in type, kind
and function, and therefore properly allocated to that zone.
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CHAPTER 18.14
W-R WOODLAND RESIDENTIAL DISTRICT
SECTIONs:
18.14.010Purpose.
18.14.020Permitted Uses.
18.14.030W-R, Conditional Uses
18.14.040General Regulations.
SECTION 18.14.010Purpose.
The purpose of the W-R district is to stabilize and protect the steep and forested areas within the City.
Application of the zone will ensure that the forest, environmental erosion control and scenic values of these
areas are protected from incompatible development which could result in a degradation of their values.
SECTION 18.14.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Single family dwellings.
B.Agriculture and farm uses, except animal sales yards and feed yards, hog farms and any animal fed
garbage.
C.Parks and recreation facilities.
D.Home occupations.
SECTION 18.14.030W-R, Conditional Uses
The followinguses and their accessory uses are permitted when authorized in accordance with Chapter
18.104, Conditional Use Permits:
A.Churches and similar religious institutions.
B.Public and public utility buildings, structures and uses, but not including corporation, storage or
repair yards, warehouses and similar uses.
C.Private recreational uses and facilities, provided that the forested character of the area is not
disturbed.
D.Public and quasi-public halls, lodges and clubs.
E.Schools, both public and private.
F.Daycare centers.
G.Homes for the elderly and nursing homes.
H.Disc antenna for commercial use.
I.Nonconforming use or structure changes required by Section 18.68.090.
J.Temporary uses.
K.Wireless Communication Facilities when attached to existing structures and authorized pursuant to
Section 18.72.180.
(ORD 2951, amended, 07/01/2008)
SECTION 18.14.040General Regulations.
A.Minimum lot area. The minimum lot area in the W-R zone is determined by the chart below:
SlopeMin. Lot SizeDU/Acre
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Less than 40%2.0.5
40 to 50%2.5.4
50 to 60%5.0.2
Over 60%10.0.1
Outside UGB20.0.05
B.Maximum lot coverage. The maximum lot coverage shall be seven (7%) percent.
C.Minimum lot width. All lotsshall be at least one hundred (100) feet in width.
D.Minimum lot depth. All lots shall be at least one hundred-fifty (150) feet in depth.
E.Standard yard requirements.
1.Minimum front yard -There shall be a front yard of at least twenty (20) feet.
2.Minimum side yard -There shall be a minimum side yard of six (6) feet, except ten (10) feet
along a side yard facing the street on a corner lot.
3.Minimum rear yard -There shall be a minimum rear yard of ten (10) feet plus ten (10) feet for
each story in excess of one (1) story.
4.In addition, the setbacks must comply with Section 18.70 of this Title which provides for solar
access.
F.Maximum building height. No structure shall be over thirty-five (35) feet or two and one-half (2
1/2) stories in height, whichever is less.
G.Aggregate removal prohibited. There shall be no mining of granite for aggregate, quarry rock or
other open pit mining in this zone.
H.Limits on density transfer. All developments, with the exception of partitioning, must be
developed under the Performance Standards, Chapter 18.88. No more than twenty-five (25%)
percent of the density allowed in a Woodland Residential zone may be transferred to a higher
density zone in a Performance Standard development. (Ord. 2228, 1982)
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CHAPTER 18.16
R-R RURAL RESIDENTIAL DISTRICT
SECTIONs:
18.16.010Purpose.
18.16.020Permitted uses.
18.16.030R-R, Conditional Uses
18.16.040R-R, General Regulations
SECTION 18.16.010Purpose.
The purpose of the RR district is to stabilize andprotect the rural residential characteristics of areas which,
because of topography, level of services, or other natural or development factors are best served by a large
lot designation.
SECTION 18.16.020Permitted uses.
The following uses and their accessory uses are permitted outright:
A.Single family dwellings.
B.Agriculture and farm uses, except animal sales yards and feed yards, hog farms, and any animals
fed garbage.
C.Public schools, parks and recreation facilities.
D.Residential Planned Unit Developments when authorized in accordance with Chapter 18.88,
Planned Unit Development.
E.Home occupations.
SECTION 18.16.030R-R, Conditional Uses
The following uses and their accessory uses are permitted outright:
The following uses and their accessory uses are permitted when authorized in accordance with Chapter
18.104, Conditional Use Permits:
A.Churches and similar religious institutions.
B.Hospitals, rest, nursing and convalescent homes.
C.Parochial and private schools, including nursery schools, kindergarten, and day nurseries; business,
dancing, trade technical, or similar school.
D.Public and public utility buildings, structures and uses; but not including corporation, storage or repair
yards, warehouses, and similar uses.
E.Privaterecreational uses and facilities, including country clubs, golf courses, swimming clubs, and
tennis clubs, but not including such intensive commercial recreational uses as a driving range, race
track, or amusement park.
F.Riding instructions and academies.
G.Cemeteries, mausoleums, columbariums, crematoriums.
H.Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products, subject to Section
18.68.080, Commercial Excavation.
I.Public and quasi-public halls, lodges and clubs.
J.Accessory residential units, subject to the Type I procedure and criteria, and the following additional
criteria:
1.The proposal must conform with the overall maximum lot coverage and setback requirements
of the underlying zone.
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2.The maximum number of dwelling units shall not exceed 2 per lot.
3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall
not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq.
ft. GHFA.
4.Additional parking shall be in conformance with the off-street Parking provisions for
single-family dwellings of this Title.
5.If the accessory residential unit is not part of the primary dwelling, all construction and land
disturbance associated with the accessory residential unit shall occur on lands with less than
25% slope.
6.If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler
system installed.
7.The lot on which the accessory residential unit is located shall have access to an improved city
street, paved to a minimum of 20' in width, with curbs, gutters, and sidewalks.
8.No on-street parking credits shall be allowed for accessory residential units in the RR-.5 zone."
K.Disc antenna for commercial use.
L.Nonconforming use or structure changes required by Section 18.68.090.
M.Temporary uses.
N.Wireless Communication Facilities when attached to existing structures and authorized pursuant to
Section 18.72.180.
(ORD 2951, amended, 07/01/2008; Ord 2887, Amended, 08/20/2002)
SECTION 18.16.040R-R, General Regulations
A.Minimum lot area: Minimum lot areas in the RR zone may be one-half (½), one (1), and two and
one-half (2 ½) acres, depending on the topographic nature, service availability and surrounding
land uses, and other relevant characteristics of the area.
B.Maximum lot coverage:
1.One-half (½) acre lots (RR-.5): twenty (20%) percent maximum.
2.One (1) acre lots (RR-1): twelve (12%) percent maximum.
3.Two and one-half (2 ½) acre lots (RR-2.5): seven (7%) percent maximum.
C.Minimum lot width: All lots shall be at least one hundred (100) feet in width.
D.Lot depth: All lots shall be at least one hundred fifty (150) feet in depth. No lot depth shall be
more than three (3) times its width.
E.Minimum front yard: There shall be a front yard of at least twenty (20) feet.
F.Minimum side yard: There shall be a minimum side yard of six (6) feet, except ten (10) feet along
the side yard facing the street on a corner lot.
G.Minimum rear yard: There shall be a minimum rear yard of ten (10) feet plus ten (10) feet for each
story in excess of one (1) story.
H.Maximum building height: No structure shall be over thirty-five (35) feet or two and one-half (2 ½)
stories in height, whichever is less. This does not include agricultural structures fifty (50) feet or
more from any property line.
(ORD 2951, amended, 07/01/2008)
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CHAPTER 18.20
R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
SECTIONs:
18.20.010Purpose.
18.20.020Permitted Uses.
18.20.030R-1, Conditional Uses
18.20.040General Regulations.
SECTION 18.20.010Purpose.
The purpose of the R-1 district is to stabilize and protect the suburban characteristics of the district and to
promote and encourage a suitable environment for family life.
SECTION 18.20.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Single family dwelling, utilizing at least two of the following design features to provide visual
relief along the front of the residence:
1.Dormers
2.Gables
3.Recessed entries
4.Covered porch entries
5.Cupolas
6.Pillars or posts
7.Bay window (min. 12" projection)
8.Eaves (min. 6" projection)
9.Off-sets in building face or roof (min. 16") (Ord. 2612 S2, 1991)
B.Duplex on corner lots, provided that no two such uses shall be contiguous, except that this
provision shall not apply to any area which has been developed or is part of an existing subdivision
or established platted neighborhood at the time of enactment of this ordinance. Such structures
shall be subject to provisions of the Site Review Chapter.
C.Agriculture.
D.The keeping of livestock, except swine, provided that:
1.No livestock shall be kept on any lot less than one (1) acre in area.
2.No more than two (2) head of livestock over the age of six (6) months may be maintained per
acre.
3.Barns, stables, and other buildings and structures to house said livestock shall not be located
closer than fifty (50) feet to any property line.
E.Public schools, parks, and recreational facilities.
F.Residential Planned Unit Developments when authorized in accordance with Chapter 18.88,
Planned Unit Development.
G.Home occupations.
H.Manufactured homes on individual lots, subject to the following criteria:
1.The portion of thelot on which the manufactured home is to be located shall not exceed a slope
of 10% prior to excavation or fill on the parcel.
2.The manufactured home shall be multi-sectional, no less than 28 feet in width, and have a
minimum enclosed floor area of 1,000 sq. ft.
3.The manufactured home shall have a roof pitch of a minimum of 14 degrees (3 feet in height for
each 12 feet in width).
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4.The manufactured home shall have no metal siding or roofing, and shall have wood or
wood-product siding and composition roofing, or approved equivalent.
5.The manufactured home shall have an auxiliary storage building or garage at least 14 x 20 feet
in area, constructed of similar materials as that used on the exterior of the manufactured home.
6.The manufacturedhome shall be certified by the manufacturer to meet the thermal envelope
requirements equivalent to those for a single-family dwelling constructed under the State
Building Code.
7.The manufactured home shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than 12 inches
above grade, and complying with the minimum set-up standards of the adopted state
Administrative Rules for Manufactured Dwellings, Chapter 918.
8.The foundation area of the manufactured home shall be fully skirted.
9.The manufactured home shall not be located in the Ashland Historic Interest Area, as defined in
the Comprehensive Plan.
10.The manufactured home shall incorporate at least two of the design features listed in 18.20.020
A. above. (Ord. 2612 S3, 1991)
SECTION 18.20.030R-1, Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with Chapter
18.104, Conditional Use Permits.
A.Churches and similar religious institutions.
B.Hospitals, rest, nursing or convalescent homes.
C.Parochial and private schools, including nursery schools, kindergartens, day nurseries, business,
dancing, trade, technical or similar schools.
D.Public and public utility buildings, structures and uses. (Ord. 2121 S2, 1981)
E.Recreational uses and facilities, including country clubs, golf courses, swimming clubs and tennis
clubs; but not including such intensive commercial recreational uses as a driving range, race track
or amusement park.
F.Off-street parking lots adjoining a C or M district subject to the provisions of Chapter 18.92,
Off-Street Parking.
G.Public and quasi-public halls, lodges and clubs.
H.Accessory residential units, subject to the Type I procedure and criteria, and the following
additional criteria:
1.The proposal must conform with the overall maximum lot coverage and setback requirements
of the underlying zone.
2.The maximum number of dwelling units shall not exceed 2 perlot.
3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall
not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq.
ft. GHFA.
4.Additional parking shall be in conformance with the off-street Parking provisions for
single-family dwellings of this Title.
I.Group Homes. (Ord. 2348 S1, 1985; Ord. 2624 S1, 1991)
J.Disc antenna for commercial use.
K.Dwellings in the Historic District exceeding the maximum permitted floor area pursuant to Section
18.20.040.
L.Nonconforming use or structure changes required by Section 18.68.090.
M.Temporary uses.
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N.Wireless Communication Facilities when attached to existing structures and authorized pursuant to
Section 18.72.180.
(ORD 2951, amended, 07/01/2008)
SECTION 18.20.040General Regulations.
Minimum lot area:
A.Basic minimum lot area in the R-1 zone shall be five thousand (5,000) square feet,
except six thousand (6,000) square feet for corner lots. R-1 areas may be designed forseventy-five
hundred (7,500), or ten thousand (10,000) square foot minimum lot sizes where slopes or other
conditions make larger sizes necessary. Permitted lot sizes shall be indicated by a number following
the R-1 notation which represents allowable minimum square footage in thousands of square feet, as
follows:
R-1-55,000 square feet
R-1-7.57,500 square feet
R-1-1010,000 square feet
Minimum lot width:
B.
Interior lots 50 feet
Corner lots60 feet
All R-1-7.5 lots65 feet
All R-1-10 lots 75 feet
Lot Depth:
C.All lots shall have a minimum depth of eighty (80) feet, and a maximum depth of one
hundred fifty (150) feet unless lot configuration prevents further development of the back of the lot.
Maximum lot depth requirements shall not apply to lots created by a minor land partition. No lot shall
have a width greater than its depth, and no lot shall exceed one hundred fifty (150) feet in width. (Ord.
2052, 1979; Ord. 2425 S3, 1988)
Standard Yard Requirements:
D. Front yards shall be a minimum of, 15 feet excluding garages.
Unenclosed porches shall be permitted with a minimum setback of eight feet or the width of any
existing public utility easement, whichever is greater, from the front property line. All garages
accessed from the front shall have a minimum setback of 20' from the front property line; side yards, six
feet; the side yard of a corner lot abutting a public street shall have a ten foot setback; rear yard, ten feet
plus ten feet for each story in excess of one story. In addition, the setbacks must comply with Chapter
18.70 which provides for Solar Access. (Ord. 2097 S5, 1980; Ord. 2121 Se, 1981, Ord. 2752, 1995)
Maximum Building Height:
E.No structure shall be over thirty-five (35) feet or two and one-half (2
1/2) stories in height, whichever is less. Structures within the Historic District shall not exceed a
height of 30 feet.
Maximum Coverage:
F.Maximum lot coverage shall be fifty (50%) percent in an R-1-5 District,
forty-five (45%) percent in an R-1-7.5 District, and forty (40%) percent in an R-1-10 District.
Maximum Permitted Floor Area for dwellings within the Historic District.
G.The maximum
permitted floor area for primary dwellings within the Historic District shall be determined by the
following:
1.The maximum permitted floor area shall include the total floor space of all floors (gross floor area)
of the primary dwelling measured to the outside surfaces of the building, including but not limited
to exterior walls, potential living spaces within the structure with at least 7' of head room and
attached garages. The floor area shall not include basements, detached garages, detached accessory
structures, or detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a minimum of 6', except that
unenclosed breezeways or similar open structures may connect the structures.
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2.The following formula shall be used to calculate the Maximum Permitted Floor Area (MPFA),
provided however, that regardless of lot size, the MPFA shall not exceed 3,249 sq. ft.:
Lot areaxAdj. Factor=Adjusted lot areax0.38 FAR=MPFA
( from Table 1)
TABLE 1 Adjustment Factor Table
LotAdj. LotAdj. LotAdj. LotAdj.
AreaFactAreaFactorAreaFactorAreaFactor
or
0-25001.206501-70000.8811001 –115000.6615501 -160000.55
2501–30001.167001-75000.8511501 –120000.6416001 -165000.54
3001–35001.127501-80000.8212001 –125000.6216501 -170000.53
3501–40001.088001-85000.7912501 –130000.6117001 -175000.52
4001–45001.048501-90000.7713001 –135000.6017501 -180000.51
4501–50001.009001-95000.7513501 –140000.5918001 -185000.50
5001–55000.979501-100000.7314001 –145000.5818501 -190000.49
5501–60000.9410001 -105000.7114501 –150000.5719001 -195000.48
6001–65000.9110501 -110000.6815001 –155000.5619500 and 0.47
greater
New single family structures and additions to existing single family structures within the Historic
H.
District
shall not exceed the MPFA unless a Conditional Use Permit is obtained. In no case shall the
permitted floor area exceed 25% of the MPFA. In addition to the findings for a Conditional Use Permit,
the standards noted in Section IV of the Site Design and Use Standards shall be considered in the
request."
(Ord 2901, Amended, 09/16/2003)
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CHAPTER 18.22
R-1-3.5 SUBURBAN RESIDENTIAL DISTRICT
SECTIONs:
18.22.010Purpose.
18.22.020Permitted Uses.
18.22.030R-1-3.5, Conditional Uses
18.22.040R-1-3.5, General Regulations
SECTION 18.22.010Purpose.
The purposes of the R-1-3.5 district is to provide an environment suitable for urban living. The district is
intended to provide housing at densities which are higher than conventional single-family zones but are still
designed for individual ownership.
SECTION 18.22.020Permitted Uses.
A.Single-family dwellings.
B.Multi-family dwellings.
C.Agriculture.
D.Public schools, parks and recreation facilities.
E.Residential planned unit developments when authorized in accordance with Chapter 18.88.
F.Home occupations.
G.Boarding or rooming houses, fraternity or sorority houses and dormitories.
H.Nursery schools, kindergartens and day nurseries.
I.Mobile home developments when authorized in accordance with Chapter 18.84.
SECTION 18.22.030R-1-3.5, Conditional Uses
A.Churches and similar religious institutions.
B.Hospitals, rest, nursing or convalescent homes.
C.Parochial and private schools, including nursery schools, kindergartens, day nurseries, dancing,
trade, technical or similar schools.
D.Public and public utility buildings, structures and uses.
E.Recreational uses and facilities, including country clubs, golf courses, swimming clubs and tennis
clubs, but not including such intensive commercial recreational uses as a driving range, race track
or amusement park.
F.Public and quasi-public halls, lodges and clubs.
G.Limited personal service establishments in the home, such as beauticians, masseurs, etc.
H.Disc antenna for commercial use.
I.Nonconforming use or structure changes required by Section 18.68.090.
J.Temporary uses.
K.Wireless Communication Facilities when attached to existing structures and authorized pursuant to
Section 18.72.180.
(ORD 2951, amended, 07/01/2008)
SECTION 18.22.040R-1-3.5, General Regulations
A.Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square feet, except that
a lot three thousand five hundred (3,500) square feet or larger may be created when thelot contains
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an existing single-family residence which meets
setback, density, and lot coverage requirements.
Variances under this Section are subject to Type I procedures.
B.Minimum Lot Width. The minimum lot width shall be fifty (50) feet.
C.Lot Depth. All lots shall have a minimum depth of eighty (80) feet. No lot depth shall be more
than two and one-half (2 ½) times its width.
D.Standard Yard Requirements. Front yard, twenty (20) feet; side yards, six (6) feet; rear yard, ten
(10) feet plus ten (10) feet for each story in excess of one (1) story. In addition, the setbacks must
comply with Section 18.70 which provides for solar access. The side yard of a corner lot abutting
apublic street shall have a ten (10) foot setback.
E.Special Yards--Distances Between Buildings.
1.The distance between any principal building and an accessory building shall be a minimum of
ten (10) feet.
2.An inner court providing access to a double-row dwelling group shall be a minimum of twenty
(20) feet.
3.The distance between principal buildings shall be at least one-half (½) the sum of the height of
both buildings; provided, however, that in no case shall the distance be less than twelve (12)
feet.
F.Maximum Height. No structure shall be over thirty-five (35) feet or two and one-half (2 ½) stories
in height, whichever is less.
G.Maximum Coverage. Maximum lot coverage shall be fifty-five (55%) percent. (Ord. 2228,
1982)
(ORD 2951, amended, 07/01/2008)
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CHAPTER 18.24
R-2 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT
SECTIONs:
18.24.010Purpose.
18.24.020Permitted Uses.
18.24.030Conditional Uses
18.24.040R-2, General Regulations
18.24.041Appendix A
SECTION 18.24.010Purpose.
Thisdistrict is designed to provide an environment suitable for urban living. The R-2 district is intended
for residential uses and appurtenant community services. This district is designed in such a manner that it
can be applied to a wide range of areas due to the range of residential densities possible. In addition, when
appropriately located and designed, professional offices and small home-oriented commercial activities
designed to attract pedestrians in the Railroad District are allowed.
SECTION 18.24.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Single-family dwellings and two-family dwellings, utilizing at least two of the following design
features to provide visual relief along the front of the residence:
1.Dormers
2.Gables
3.Recessed entries
4.Covered porch entries
5.Cupolas
6.Pillars or posts
7.Bay window (min. 12" projection)
8.Eaves (min. 6" projection)
9.Off-sets in building face or roof (min. 16"). (Ord. 2612 S4, 1991)
B.Multi-family dwellings.
C.Boarding or rooming houses, fraternity or sorority houses and dormitories.
D.Home occupations.
E.Agriculture.
F.Public schools, parks and recreation facilities.
G.Nursery schools, kindergarten and day nurseries.
H.Residential planned unit developments when authorized in accordance with Chapter 18.88 on
Planned Unit Developments.
I.Manufactured homes on individual lots, subject to the following criteria:
1.The portion of the lot on which the manufactured home is to be located shall not exceed a slope
of 10% prior to excavation or fill on the parcel.
2.The manufactured home shall be multi-sectional, no less than 28 feet in width, and have a
minimum enclosed floor area of 1,000 sq. ft.
3.The manufactured home shall havea roof pitch of a minimum of 14 degrees (3 feet in height for
each 12 feet in width).
4.The manufactured home shall have no metal siding or roofing, and shall have wood or
wood-product siding and composition roofing, or approved equivalent.
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5.The manufactured home shall have an auxiliary storage building or garage at least 14 x 20 feet
in area, constructed of similar materials as that used on the exterior of the manufactured home.
6.The manufactured home shall be certified by the manufacturer to meet the thermal envelope
requirements equivalent to those for a single-family dwelling constructed under the State
Building Code.
7.The manufactured home shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than 12 inches
above grade, and complying with the minimum set-up standards of the adopted state
Administrative Rules for Manufactured Dwellings, Chapter 918.
8.The foundation area of the manufactured home shall be fullyskirted.
9.The manufactured home shall not be located in the Ashland Historic Interest Area, as defined in
the Comprehensive Plan.
10.The manufactured home shall incorporate at least two of the design features listed in 18.20.020
A. above. (Ord. 2612 S51991)
J.Construction of new Condominiums, in accord with all density and site review requirements of this
code. (Ord. 2624 S2, 1991)
K.Conversion of existing multi-family rental units, into for-purchase housing when authorized in
accordance with Chapter 18.24.040 (L).
(Ord 2942, amended, 10/02/2007)
SECTION 18.24.030Conditional 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.
I.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 (½) 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.
J.Traveler’ s accommodations, subject to the following:
1.All residences used for traveler’ s accommodation must be business-owner occupied. 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. "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 to specifically state that the property owner is not
involved in the day to day operation or financial management of the accommodation, and that
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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 or 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.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 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, per approved traveler’ s accommodation with primary lot
frontage on boulevard 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 maximum number of units shall be seven.
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.
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.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.Each accommodation unit must have one (1) off-street parking space and the business-owner’ s
unit 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.Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of
6 sq. ft. maximum size is allowed. Any exterior illumination of signage shall be installed such
that it does not directly illuminate any residential structures adjacentor nearby the traveler’ s
accommodation in violation of 18.72.110.
7.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.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.
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 thereafterpursuant 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.
12.Offering the availability of residential property for use as a traveler's accommodationwithout a
valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax
registration is prohibited and shall be subject to enforcement procedures.
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L.Hostels
M.Disc antenna for commercial use.
N.Nonconforming use or structure changes required by Section 18.68.090.
O.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.
(Ord 3088, amended, 10/01/2013; ORD 2951, amended, 07/01/2008; Ord 2942, amended, 10/02/2007)
SECTION 18.24.040R-2, General Regulations
Permitted Density and Minimum Lot Dimensions.
A.
1.Base Densities and Minimum Lot Dimensions. The density of the development, including the
density gained through bonus points, shall not exceed the density established by this section. The
density shall be computed by dividing the total number of dwelling units by the acreage of the
project, including land dedicated to the public. The minimum density shall be 80% of the calculated
base density. Fractional portions of the answer shall not apply towards thetotal density. Base
density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to the following standards
and exceptions:
a.An accessory residential unit is not required to meet density or minimum lot area requirements,
provided the unitis not greater than fifty percent (50%) of the gross habitable floor area of the
single family residence on the lot and does not exceed 500 square feet of gross habitable floor
area.
b.Units not considered as an accessory residential unit and less than 500 square feet of gross
habitable area shall count as 0.75 units for the purposes of density calculations.
c.Minimum lot area for less than 2 units shall be 5000 sq. ft. with a minimum width of 50' and
minimum depth of 80'.
dMinimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50' and a minimum
depth of 80'.
e.Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq. ft. except
as determined by the base density and allowable bonus point calculations, and shall have a
minimum width of 50' and a minimum depth of 80'.
2.Exceptions to minimum density standards. The following lots are totally or partially exempt from
the 80% minimum base density standard of Subsection 1.
a.Lots less than 10,000 sq.ft. in existence prior to the effective date of this ordinance.
b.Lots located within amy Historic District designated within the Ashland Municipal Code.
c.lots with existing, or proposed, conditional uses may be exempt for that protion of the property
that is subject to the condidtional use for calculations of the minimum base density standard.
d.If a lot is occupied by a single family residence as of the effective date of this ordinance, the
single family residence may be enlarged or reconstructed without being subject to the 80%
minimum base density standard.
e.In the event that a fire or natural hazard destroys a single family residence, such residence may
be replaced without being subject to the 80% minimum base density standard.
f.Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the lot an
exception to minimum density requirements may be obtained to better meet the standards of
Chapter 18.62 Physical and Environmental Contraints.
g.A lot that is nonconforming in minimum density may not move further out of conformance
with the minimum density standard. However, units may be added to the lot which bring the
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lot closer to conformance without coming all the way into conformance provided it is
demonstrated that the minimum density will not be precluded.
Bonus Point Calculations.
B.
1.The permitted base density shall be increased by the percentage gained through bonus points.
2.The maximum bonus permitted shall be 40%.
3.The following bonuses shall be awarded:
a.Conservation housing –100% of the homes or residential units approved for development,
after bonus point calculations, shall meet the minimum requirements for certification as an
Earth Advantage home, as approved by the Ashland Conservation Division under the City’ s
Earth Advantage program as adopted by resolution 2006-06 maximum 15% bonus. (Ord 2923,
S1 2006)
b.Provision of outdoor recreation space above minimum requirement established by this Title.
The purpose of the density bonus for outdoor recreational space is to permit areas which could
otherwise be developed to be developed as a recreational amenity. It is not the purpose of this
provision to permit density bonuses for incidental open spaces which have no realistic use by
project residents on a day to day basis. One percent increased density bonus for each percent
of the project dedicated to outdoor recreation space beyond the minimum requirement
established by this title--maximum 10% bonus.
c.Provision of Major Recreational Facilities. Density bonus points shall be awarded for the
provision of major recreational facilities, such as tennis courts, swimming pools, playgrounds,
or similar facilities. For each (1%) of the total project cost devoted to recreational facilities, a
6% density bonusshall be awarded to a maximum of 10%. Total project cost shall be defined
as the estimated sale price or value of each residential unit times the total number of units in the
project. Estimated value shall include the total market value for the structure and land. The
cost of the recreational facility shall be prepared by a qualified architect or engineer using
current costs of recreational facilities--maximum bonus 10%.
d.Affordable Housing -for every percent of units that are affordable, an equivalent percentage of
density bonus shall be allowed. Maximum bonus of 25%. Affordable housing bonus shall be
for residential units that are affordable for moderate income persons in accord with the
standards established by resolution of the City Council and guaranteed affordable through
procedures contained in said resolution (Ord. 2630 SI, 1991)
Lot Depth:
C.All lots shall have a minimum depth of eighty (80) feet. No lot depth shall be more than
two and one-half (2 ½) times its width.
Standard Yard Requirements -Outside the Historic Interest Area:
D.Front yards shall be a minimum
of 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of 10'
from the front property line. All garages accessed from the front shall have a minimum setback of 20'
from the front property line; side yards, six feet; the side yard of a corner lot abutting a public street
shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In
addition, thesetbacks must comply with Chapter 18.70 which provides for Solar Access."
Standard Yard Requirements -Within the Historic Interest Area:
Front yard, twenty feet; side
yards, six feet; rear yard, ten feet plus ten feet for each story in excess of one story. The side yard of a
corner lot abutting a public street shall be ten. In addition, the setbacks must comply with Section
18.70 of this Title which provides for solar access. (amended Ord. 2752, 1995; Ord. 2760, 1995)
Special Yards -Distance Between Buildings:
E.
1.The distance between any principal building and accessory building shall be a minimum of ten (10)
feet.
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2.An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20)
feet.
3.The distance between principal buildings shall be at least one-half (½) the sum of the height of both
buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This
requirement shall also apply to portions of the same buildings separated fromeach other by a court
or other open space.
Maximum Height:
F.No structure shall be over thirty-five 35 feet or two and one-half (2 ½) stories in
height, whichever is less. Structures within the Historic District shall not exceed a height of 30 feet.
Maximum Coverage:
G.Maximum lot coverage shall be sixty-five (65%) percent.
Outdoor Recreation Space:
H.At least 8% of the lot area shall be dedicated to outdoor recreational
space and shall be part of the overall landscaping requirements. (Ord. 2228, 1982; Ord. 2630 S2,
1991)
Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic
I.
District.
The maximum permitted floor area for single family primary dwellings on individual lots
within an Historic Districtshall be determined by the following:
1.The maximum permitted floor area shall include the total floor space of all floors (gross floor
area) of the primary dwelling measured to the outside surfaces of the building, including but
not limited to exterior walls, potential living spaces within the structure with at least 7’ of
head room and attached garages. The floor area shall not include basements, detached
garages, detached accessory structures, or detached accessory residential units. Detached
garages, accessory structures, or accessory residential units shall be separated from other
structures by a minimum of 6’ , except that unenclosed breezeways or similar open structures
may connect the structures.
2.The following formula shall be used to calculate the Maximum Permitted Floor Area (MPFA),
provided however, that regardless of lot size, the MPFA shall not exceed 3,249 sq. ft.
Lot area x Adj. Factor = Adjusted lot area x 0.38 FAR = MPFA
(Table 1)
TABLE 1 -Adjustment Factor Table
Lot AreaAdj. FactorLot AreaAdj. FactorLot AreaAdj. Factor
0-25001.206501-70000.8811001-115000.66
2501-30001.167001-75000.8511501-120000.64
3001-35001.127501-80000.8212001-125000.62
3501-40001.088001-85000.7912501-130000.61
4001-45001.048501-90000.7713001-135000.60
4501-50001.009001-95000.7513501-140000.59
5001-55000.979501-100000.7314001-145000.58
5501-60000.9410001-105000.7114501-150000.57
6001-65000.9110501-110000.6815001-155000.56
J.Maximum Permitted Floor Area for multiple dwellings on a single lot and new residential
construction in Performance Standards Options land divisions created within an Historic
District.
The MPFA shall be determined by the following:
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1.The MPFA shall include the total floor space of all floors (gross floor area) of the dwelling
units measuredto the outside surfaces of the building(s), including but not limited to exterior
walls, potential living spaces within the structure with at least 7’ of head room and attached
garages. The floor area shall not include basements, detached garages, detached accessory
structures, or detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a minimum of 6’ , except
that unenclosed breezeways or similar open structures may connect the structures.
2.The following formular shall be used to calculate the Maximum Permitted Floor Area (MPFA):
Lot area x Adj. Factor = Adjusted lot area x Gradnuate FAR = MPFA
(Table 1)(Table 2)
Table 2 -Graduated FAR Table
#unitsFAR#unitsFAR#units
1.385.469
2.406.4810
3.427.5011
4.448.52>11
K.New structures and additions to existing structures within the Historic District
shall not exceed
the MPFA unless a Conditional Use Permit is obtained. In no case shall the permitted floor area
exceed 25% of the MPFA. In addition to the findings for a Conditional Use Permit, the standards noted
in Section IV of the Site Design and Use Standards shall be considered in the request.”
L.Conversion of existing multi-family dwelling rental units into for-purchase housing including the
demolition of existing multi-family dwelling rental units, is subject to the following:
1)Existing multi-family rental unit structures may be allowed to convert all or a portion of the
structure as set forth in Table 1 provided that the existing structure meets the following
general regulations of the zoning district: permitted density, yard requirements, maximum
height, maximum lot coverage, outdoor recreation space, maximum permitted floor area,
waste enclosures, parking and bike storage.
Table 1
Affordable
Rentals(per
Affordable
Ownership (per Section
Number of Dwelling Market Rate Section Market rate 18.24.040.L.5
Units on Tax LotOwnership18.24.040.L.5.Brentals.A)
2-4100%0%00%
5-1275%0%25%0%
13-2450%0%50%0%
25-4825%0%75%0%
49+00%100%0%
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2)Existing multi-family rental unit structures may be allowed to convert all or a portion of the
structure as set forth in Table 2 and the standards below when the existing structure does
not meet any one or more of the following general regulations of the zoning district:
permitted density, yard requirements, maximum height, maximum lot coverage, outdoor
recreation space, and maximum permitted floor area.
a)Conversion of an existing multi-family structures to for-purchase housing shall
comply with the following general regulations and the site design and use standards of
the zoning district: number of bike and automobile parking spaces, trash and recycling
enclosures.
b)Conversion of existing multi-family structures to for-purchase housing shall
demonstrate that there are adequate public facilities and public services available to
serve the development, including but not limited to water, sewer, electric, fire
protection, and storm drainage.
c)Conversion of existing multi-family structures to for-purchase housing shall improve
the street frontage to meet adopted Ashland Site Design and Use Standards and Street
Design Standards, including landscaping, sidewalks and street trees.
Table 2:
Affordable Affordable
Number of
Market Rate Market Rate
Ownership Rentals
Dwelling Units
OwnershipRentals
(per Section (per Section
on Tax Lot
18.24.040.L.5.B)18.24.040.L.5.A)
2-475%25%0%0%
5-1256.25%0%25%18.75%
13-2437.50%0%50%12.50%
25-4818.75%0%75%6.25%
48+0.00%0%100%0%
3)As an incentive to provide affordable rental housing units above minimum requirements in
projects of five or more units, an applicant shall be granted an equal percentage of
for-market ownership units per Table 3.
Table 3:
Affordable Affordable
Ownership Rentals(per
Number of Dwelling Market Rate (per Section Market rate Section
Units on Tax LotOwnership18.24.040.L.5.Brentals18.24.040.L.5.A)
2-4nananana
5-1268.75%na0%31.25%
13-2462.50%na0%37.50%
25-4856.25%na0%43.75%
48+50.00%na0%50.00%
4)Units designated as market rate or affordable rental units shall be retained as one
condominium tract under one ownership. This remaining rental tract shall be restricted
from further consideration of conversion to for-purchase housing.
5)Affordable Housing Units provided under 18.24.040 L(2) and 18.24.040 L(3) shall meet
the following affordability standards:
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a)Affordable Rental Units shall be affordable for rent by households earning at or below
60% of the area median income in accordance with the standards established by
Resolution 2006-13.
b)Affordable Ownership Units shall be affordable for purchase by households earning at
or below 80% of the area median income in accordance with the standards established
by Resolution 2006-13. Resolution 2006-13 is specifically incorporated herein by
this reference and attachedhereto as Appendix A.
6)Prior to offering any units for sale the developer must comply with section 15.104 of the
Ashland Municipal Code.
7)Conversion of existing rental units into for-purchase housing shall comply with the tenant
rights provisions under Chapter 10.115 of the Ashland Municipal Code.
8)For the purposes of sections 18.24.020 and 18.24.040 existing multi-family rental units are
defined as dwelling units designed to house multiple households within one or more
structures on a single property that were constructed and occupied prior to the effective
date of this ordinance. Multi-family rental units constructed after the effective date of this
ordinance are not subject to the provisions of Chapter 18.24.040 (L).
(ORD 2951, amended, 07/01/2008; Ord 2942, amended, 10/02/2007; ORD 2923, Amended, 02/07/2006; Ord 2914, Amended,
12/07/2004; Ord 2901, Amended, 09/16/2003)
SECTION 18.24.041Appendix A
RESOLUTION NO. 2006-13
A RESOLUTION AMENDING AND RESOLUTION 2005-46
RECITALS:
A.WHEREAS, in 1993, the City of Ashland passed Resolution no. 1993-39 which established
affordable housing income levels and rental and purchased cost levels.
B.WHEREAS, in 2005, the City of Ashland passed Resolution 2005-46 which required provisions for
homeownerand maintenance fees to be included in the affordability calculations for its affordable
housing program.
C.WHEREAS, neither resolution contained provisions establishing rent levels or purchase price
levels for households earning 60%, 80% 100% or 120% of the area median income (AMI).
D.WHEREAS, neither resolution required Principal, Interest, Taxes and Insurance (PITI) to be
included in the maximum housing costs of eligible households in the affordability calculations for
the purchasing part of its affordable housing program.
E.WHEREAS both resolutions used “not-to-exceed purchase price” as a qualifying criterion for
purchasing housing units, which criterion requires annual revision, and the current resolution seeks
to replace the “not-to-exceed purchase price” with a “percent of household income” criterion
which does not require annual revision.
F.WHEREAS, the City considers that a range of qualifying incomes maximizes the potential for
success of its affordable housing program.
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G.WHEREAS, the City desires that PITI be included in the affordability calculations for the various
income levels of qualified households and that the “percent of household income” criterion be used
in place of the “not-to-exceed purchase price” criterion.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Resolutions 1993-39 and 2005-46 are hereby amended in their entirety as follows:
SECTION 1.GENERAL ELIGIBILITY –RENTAL AND PURCHASED HOUSING
1.1All qualifying ownership or rental units required to be affordable through density bonuses,
annexation, zone change, condominium conversion, or other land use approval under the
Ashland Land Use Ordinance (ALUO) shall not be eligible to receive a waiver of the
Community Development and Engineering Services fees associated with the development
of said affordable units unless a waiver is approved by the Ashland City Council.
1.2All qualifying ownership or rental units required to be affordable through density bonuses,
annexation, zone change, condominium conversion, or other land use approval under the
ALUO shall be eligible to receive a deferral of the System Development Charges
associated with the development of said affordable units.
1.3All qualifying ownership or rental units voluntarily provided as affordable tolow income
households, consistent with section 1.1 and 1.2, above, shall be eligible for a System
Development Charge, Engineering Service, and Community Development Fee deferral or
waiver without obtaining approval from the Ashland City Council.
1.4Affordable Housing Units covered under this Resolution can only be sold or rented to
occupant households from the same income category as the original purchasers or renters
for a period of not less than 30 years, or as required through the condition of approval for a
unit required to be affordable through a land use approval.
1.5System Development Charges, Engineering Services, and Community Development Fees
may be deferred or waived when units are sold or rented to low-income persons. For
purposes of this subsection, "low-income persons" means:
a. With regard to rental housing, persons with an income at or below 60
percent of the area median income as determined by the State Housing
Council based on information from the United States Department of
Housing and Urban Development; and
b.With regard to home ownership housing and lease to purchase home
ownership housing, persons with an income at or below 80 percent of the
area median income as determined by the State Housing Council based on
information from the United States Department of Housing and Urban
Development.
SECTION 2.RENTAL HOUSING.
-Units designated for affordable rental housing in developments
which have qualified for density bonuses, annexation, zone change, condominium conversion , or other
land use approval under the ALUO shall be rented to individuals or householdswhose annual income is
consistent with the target income identified in the planning approval. Incomes shall be qualified at the
60% or 80% median income levels for households in the Medford-Ashland Metropolitan Statistical Area
(MSA). This figure shall be known as the"qualifying household income" and shall be determined by the
City's Department of Community Development in May of each year from the annual family incomes
published by the U.S. Department of Housing and Urban Development (HUD)for the Medford-Ashland
Metropolitan Service Area (MSA).
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Area Median Income –80%.
2.1The rent charged for such affordable rental housing
benefiting households earning 80% Area Median Income or greater,including any
home-owners association or maintenance fees, shall not exceed 23% of the qualifying
monthly income (qualifying family income divided by twelve) as provided in the following
formulas:
Studio Apartment 23% of the average of 1 & 2 person qualifying monthly
incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly
incomes
2 Bedroom23% of the average of 3, 4, & 5 person qualifying
monthly incomes
3 Bedroom 23% of the average of 4, 5, 6, & 7 person qualifying
monthly incomes
4 Bedroom 23% of the average of 5, 6, 7, & 8 person qualifying
monthly incomes
The City's Department of Community Development shall maintain a table of maximum rent levels
permitted under these formulas and shall annually update the table in May of each year.
Area Median Income –60%lower.
2.2or The rent charged for such affordable rental
housing benefiting households earning 60% Area Median Income or less, including any
home-owners association or maintenance fees, shall comply with the maximum rents
established by the State of Oregon HOME Program based on the target income
qualification as adjusted annually by the Department of Housing and Urban Development
for the Medford-Ashland Metropolitan Service Area. The HOME program indexed
allowable rents are adjusted annually by the State of Oregon Housing and Community
Services Department (OHCS).
Owner’ s Obligation
2.3..The owner of the affordable rental housing shall sign a 30-year
agreement, or longer depending on the period of affordability established through the
ALUO, with the City of Ashland that guarantees these rent levels will not be exceeded and
that the owner will rent only to households meeting the income limits. The agreement shall
bind subsequent owners who purchase the rental housing during the established period of
affordability. The agreement shall also require the owner to allow the unit to be rented to
HUD Section 8 qualified applicants and agree to accept rent vouchers for all of the
affordable units when applicable. The City shall file the agreement for recordation in the
County Clerk deed records, Jackson County, Oregon.
Certification of qualifying occupants.
2.3.1.The owner of record, or the
designated agent of the record, owner, shall annually file with the City of Ashland
a signed certificate stating the occupants of the record owner’ srental housing
units continue to be qualified households, or are a household that qualified at its
initial occupancy, within the meaning of this Resolution, and any amendment
made to it. The City of Ashland shall provide the record owner or the record
owner’ s agent with access to a form to complete and sign to comply with this
provision.
SECTION 3.PURCHASED HOUSES -QUALIFYING
. Units designated for affordable housing
available for purchase in developments which have qualified for density bonuses annexation, zone change,
condominium conversion , or other land use approval under the ALUO must satisfy two criteria.
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1.They shall only be sold to occupant households whose:
a.Annual income is consistent with the target income identified in the planning
approval for the development. Incomes shall be qualified at the applicable 60%,
80%, 100% or 120% median income levels for households based on number
of people per household as adjusted annually by the Department of Housing and
Urban Development for the Medford-Ashland Metropolitan Service Area.
i.The maximum monthly payment for a covered unit shall be established to
not exceed the affordability limits, established above, indicated in
following table:
Studio = 1 person household income for the designated income level
1 Bedroom = 2 person household income for the designated income level
2 Bedroom = 4 person household income for the designated income level
3 Bedroom = 6 person household income for the designated income level
4 Bedroom = 7 person household income for the designated income level
Households with a greater or lesser number of occupants shall remain
eligible for covered units but the sale price shall not be adjusted due to
household size above the limits established above.
b.Net assets, excluding pension plans and IRA's and excluding the down payment
and closing costs, do not exceed $20,000 for a household or $130,000 if one
household member is 65 years or older.
c.Mortgage payment does not exceed more than 30% of the monthly income for the
target income level indicated in 3.1(a)(i) on total housing costs which includes
PITI and any homeowners or regular maintenance fees.
d.The maximum monthly payment for a covered unit shall be calculated by
utilizing the interest rate for the Oregon Bond Loan RateAdvantage as updated by
the State of Oregon Housing and Community Services Department.
2.They shall remain affordable as follows:
a. The purchasers of the affordable housing units shall agree to the City of Ashland
Affordable Housing Resale Restriction Agreement establishing a period of
affordability of not less than 30 years. In no event will a purchaser be required to sell
the unit subject to the aforementioned Agreement for less than his or her original
purchase price, plus any applicable closing costs and realtor fees.
b.For housing financed by Farmer’ s Home Administration (FmHA), the affordability
shall be assured by the FmHA’ srecapture provisions FmHA which require sellers to
repay FmHA for all the subsidies accrued during the period the sellers resided in the
housing unit.
SECTION 2.EFFECTIVE DATE.
This Resolution takes effect upon signing by the Mayor.
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This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED
and ADOPTED this 20 day of June , 2006.
Barbara Christensen (Signature on File)
City Recorder
Alex Amarotico (Signature on File)
Council Chair
(Ord 2942, amended, 10/02/2007)
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CHAPTER 18.28
R-3 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT
SECTIONs:
18.28.010Purpose.
18.28.020Permitted Uses.
18.28.030Conditional Uses
18.28.040General Regulations
18.28.041Appendix A
SECTION 18.28.010Purpose.
This district is designed to provide the type of environment suitable for urban living. The R-3 district is
intended for residential uses and appurtenant community services. This district is designed in such a
manner that it can be applied to a wide range of areas due tothe range of residential densities possible. In
addition, when appropriately located and designed, professional offices are allowed.
SECTION 18.28.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Single-familydwellings and two-family dwellings, utilizing at least two of the following design
features to provide visual relief along the front of the residence:
1.Dormers
2.Gables
3.Recessed entries
4.Covered porch entries
5.Cupolas
6.Pillars or posts
7.Bay window (min. 12" projection)
8.Eaves (min. 6" projection)
9.Off-sets in building face or roof (min. 16"). (Ord. 2612 S4, 1991)
B.Multi-family dwellings.
C.Boarding or rooming houses, fraternity or sorority houses, and dormitories.
D.Home occupations.
E.Agriculture.
F.Public schools, parks and recreation facilities.
G.Nursery schools, kindergarten and day nurseries.
H.Residential planned unit developments when authorized in accordance with the Chapter on Planned
Unit Developments.
I.Manufactured homes on individual lots, subject to the following criteria:
1.The portion of the lot on which the manufactured home is to be located shall not exceed a slope
of 10% prior to excavation or fill on the parcel.
2.The manufactured home shall be multi-sectional, no less than 28 ft. in width, and have a
minimum enclosed floor area of 1,000sq.ft.
3.The manufactured home shall have a roof pitch of a minimum of 14 degrees (3 feet in height for
each 12 feet in width).
4.The manufactured home shall have no metal siding or roofing, and shall have wood or
wood-product siding and composition roofing, or approved equivalent.
5.The manufactured home shall have an auxiliary storage building or garage at least 14 x 20 feet
in area, constructed of similar materials as that used on the exterior of the manufactured home.
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6.The manufactured home shall be certified by the manufacturer to meet the thermal envelope
requirements equivalent to those for a single-family dwelling constructed under the State
Building Code.
7.The manufactured home shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than 12 inches
above grade, and complying withthe minimum set-up standards of the adopted state
Administrative Rules for Manufactured Dwellings, Chapter 918.
8.The foundation area of the manufactured home shall be fully skirted.
9.The manufactured home shall not be located in the Ashland Historic Interest Area, as defined in
the Comprehensive Plan.
10.The manufactured home shall incorporate at least two of the design features listed in 18.20.020
A. above. (Ord. 2612 S5 1991)
J.Construction of new condominiums, in accord with all density and site review requirements of this
code. (Ord. 2624 S3, 1991)
K.Conversion of existing rental units into for-purchase housing when authorized in accordance with
Chapter 18.28.040 (L).
(Ord 2942, amended, 10/02/2007)
SECTION 18.28.030Conditional 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.
I.Traveler’ s accommodations, subject to the following:
1.All residences used for traveler’ s accommodation must be business-owner occupied. 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. "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 specifically state that the property owner is not
involved in the day to day operation or financial managementof 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 or 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.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 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
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of the maximum established by this ordinance. The maximum number of accommodation
units shall not exceed nine, 9per approved traveler’s accommodation with primary lot
frontage on boulevard 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 maximum number of unitsshall be seven. 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.
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.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.Each accommodation unit must have one (1) off-street parking space and the business-owner’ s
unit 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.Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of
6 sq. ft. maximum size is 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.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.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.
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.
12.Offering the availability of residential property for use as a traveler’ s accommodationwithout
a valid Conditional Use Permit approval, current business license, and Transient Occupancy
Tax registration is prohibited and shall be subject to enforcement procedures.
K.Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height.
L.Hostels
M.Disc antenna for commercialuse.
N.Enlargement, extension, reconstruction, substitution, structural alteration or reactivation of
nonconforming uses and structures pursuant to Section 18.68.090.
O.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.
P.Temporary uses.
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Q.Wireless Communication Facilities when attached to existing structures and authorized pursuant to
Section 18.72.180.
(Ord 3088, amended, 10/01/2013; ORD 2951, amended, 07/01/2008; Ord 2942, amended, 10/02/2007)
SECTION 18.28.040General Regulations
A.Permitted Density and Minimum Lot Dimensions
1.Base Densities and Minimum Lot Dimensions. The density ofthe development, including the
density gained through bonus points, shall not exceed the density established by this section. The
density shall be computed by dividing the total number of dwelling units by the acreage of the
project, including land dedicated to the public. The minimum density shall be 80% of the calculated
base density. Fractional portions of the answer shall not apply towards the total density. Base
density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the following standards
and exceptions:
a.An accessory residential unit is not required to meet density or minimum lot area requirements
provided the unit is not greater than fifty percent (50%) of the gross habitable floor area of the
single family residence on thelot and does not exceed 500 square feet of gross habitable floor
area.
b.Units, not considered as an accessory residential unit and less than 500 square feet of gross
habitable area shall count as 0.75 units for the purposes of density calculations.
cMinimum lot area for less than two (2) units shall be 5000 sq. ft. with a minimum width of 50'
and minimum depth of 80'.
dMinimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of 50' and a
minimum depth of 80'.
eDevelopments of 3 units or greater shall have minimum lot area in excess of 8000 sq. ft.
except as determined by the base density and allowable bonus point calculations, and shall
have a minimum width of 50' and a minimum depth of 80'.
2.Exceptions to minimum density standards. The following lots are totally or partically exempt from
the 80% minimum base density standard of Subsection 1.
a.Lots less than 10,000 sq.ft.,in existence prior to the effective date of this ordinance.
b.Lots located within any Historic District designated within the Ashland Municipal Code.
c.Lots with existing, or proposed, conditional uses may be exempt for that portion of the property
that is subject to the conditional use for calculations of the minimum base density standard.
d.If a lot is occupied by a single family residence as of the effective date of this ordinance, the
single family residnce may b enlarged or reconstructed without being subject to the 80%
minimum base density standard.
e.In the event that a fire or natural hazard destroys a single family residence, such residence may
be replaced without being subject to the 80% minimum base density standard.
f.Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the lot an
exception to minimum density requirements may be obtained to better meet the standards of
Cahpter 18.62 Physical and Environmental Constraints.
g.A lot that in noncomformingin minimum density may not move further out of conformance
with the minimum density standard. However, units may be added to the lot which bring the lot
closer to conformance without coming all the way into conformance provided it is
demonstrated that theminimum density will not be precluded. (ORD 2951, 2008)
Bonus Point Calculations.
B.
1.The permitted base density shall be increased by the percentage gained through bonus points. In no
case shall the density exceed that allowed under the Comprehensive Plan.
2.The maximum bonus permitted shall be 40%.
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3.The following bonuses shall be awarded:
a.Conservation housing –100% of the homes or residential units approved for development,
after bonus point calculations, shall meet the minimum requirements for certification as an
Earth Advantage home, as approved by the Ashland Conservation Division under the City’ s
Earth Advantage program as adopted by resolution 2006-06 maximum 15% bonus. (Ord 2923,
S1 2006)
b.Provision of outdoor recreation space above minimum requirement established by this Title.
The purpose of the density bonus for outdoor recreational space is to permit areas which could
otherwise be developed to be developed as a recreational amenity. It is not the purpose of this
provision to permit density bonuses for incidental open spaces which have no realistic use by
project residents on a day to day basis. One percent increased density bonus for each percent
of the project dedicated to outdoor recreation space beyond the minimum requirement
established by this title--maximum 10% bonus.
c.Provision of Major Recreational Facilities. Density bonus points shall be awarded for the
provision of major recreational facilities, such as tennis courts, swimming pools, playgrounds,
or similar facilities. For each (1%) of the total project cost devoted to recreational facilities, a
6% density bonus shall be awarded to a maximum of 10%. Total project cost shall be defined
as the estimated sale price or value of each residential unit times the total number of units in the
project. Estimated value shall include the total market value for the structure and land. The
cost of the recreational facility shall be prepared by a qualified architect or engineer using
current costs of recreational facilities--maximum bonus 10%.
d.Affordable Housing -for every percent of units that are affordable, an equivalent percentage of
density bonus shall be allowed. Maximum bonus of 25%. Affordable housing bonus shall be
for residential units that are affordable for moderate income persons in accord with the
standards established by resolution of the City Council and guaranteed affordable through
procedures contained in said resolution (Ord. 2630 SI, 1991)
Minimum Lot Depth:
C.All lots shall have a minimum depth of eighty(80) feet. No lot depth shall be
more than two and one-half (2 ½) times its width.
Standard Yard Requirements -Outside the Historic Interest Area:
D.Front yards shall be a minimum
of 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of 10'
from the front property line. All garages accessed from the front shall have a minimum setback of 20'
from the front property line; side yards, six feet; the side yard of a corner lot abutting a public street
shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In
addition, the setbacks must comply with Chapter 18.70 which provides for Solar Access.
Standard Yard Requirements -Within the Historic Interest Area:
Front yard, twenty feet; side
yards, six feet; rear yard, ten feet plus ten feet for each story in excess of one story. The side yard of a
corner lot abutting a public street shall be ten. In addition, the setbacks must comply with Section
18.70 of this Title which provides for solar access. (amended Ord. 2752, 1995; Ord. 2760, 1995)
Special Yards -Distance Between Buildings:
E.
1.The distance between any principal building and accessory building shall be a minimum of ten (10)
feet.
2.An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20)
feet.
3.The distance between principal buildings shall be at least one-half (½) the sum of the height of both
buildings; provided, however, that in no case shall the distance be less thantwelve (12) feet. This
requirement shall also apply to portions of the same buildings separated from each other by a court
or other open space.
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Maximum Height:
F.No structure shall be over thirty-five (35) feet in height, except as provided in
Section 18.28.030(K). Structures within the Historic District shall not exceed a height of 30 feet.
Maximum Coverage:
G.Maximum lot coverage shall be sixty-five (75%) percent. (Ord 2228, 1982)
Outdoor Recreation Space:
H.At least 8% of the lot area shall be dedicated to outdoor recreational
space and shall be part of the overall landscaping requirements. (Ord. 2630, 1992)
Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic
I.
District.
The maximum permitted floor area for single family primary dwellings on individual lots
within an Historic District shall be determined by the following:
1.The maximum permitted floor area shall include the total floor space of all floors (gross floor
area) of the primary dwelling measured to the outside surfaces of the building, including but
not limited to exterior walls, potential living spaces within the structure with at least 7’ of
head room and attached garages. The floor area shall notinclude basements, detached
garages, detached accessory structures, or detached accessory residential units. Detached
garages, accessory structures, or accessory residential units shall be separated from other
structures by a minimum of 6’, except that unenclosed breezeways or similar open structures
may connect the structures.(ORD 2951, 2008)
2.The following formula shall be used to calculate the Maximum Permitted Floor Area (MPFA),
provided however, that regardless of lot size, the MPFA shall not exceed 3,249 sq. ft.
Lot area x Adj. Factor = Adjusted lot area x 0.38 FAR = MPFA
(Table 1)
TABLE 1 -Adjustment Factor Table
Lot AreaAdj. FactorLot AreaAdj. FactorLot AreaAdj. Factor
0-25001.206501-70000.8811001-115000.66
2501-30001.167001-75000.8511501-120000.64
3001-35001.127501-80000.8212001-125000.62
3501-40001.088001-85000.7912501-130000.61
4001-45001.048501-90000.7713001-135000.60
4501-50001.009001-95000.7513501-140000.59
5001-55000.979501-100000.7314001-145000.58
5501-60000.9410001-105000.7114501-150000.57
6001-65000.9110501-110000.6815001-155000.56
J.Maximum Permitted Floor Area .
for multiple dwellings on a single lot within an Historic District
The MPFA shall be determined by the following:
1.The MPFA shall include the total floor space of all floors (gross floor area) of the primary
dwelling measured to the outside surfaces of the building, including but not limited to exterior
walls, potential living spaces within the structure with at least 7’ of head room and attached
garages. The floor area shall not include basements, detached garages, detached accessory
structures, or detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a minimum of 6’ , except
that unenclosed breezeways or similar open structures may connect the structures. (ORD 2951,
2008)
2.The following formular shall be used to calculate the Maximum Permitted Floor Area (MPFA):
Lot area x Adj. Factor = Adjusted lot area x GradnuateFAR = MPFA
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(Table 1)(Table 2)
Table 2 -Graduated FAR Table
# unitsFAR#unitsFAR#units
1.385.469
2.406.4810
3.427.5011
4.448.52>11
K.New structures and additions
to existing structures within the Historic District shall not exceed the
MPFA unless a Conditional Use Permit is obtained. In no case shall the permitted floor area exceed
25% of the MPFA. In addition to the findings for a Conditional Use Permit, the standards noted in
Section IV of the Site Design and Use Standards shall be considered in the request. (ORD 2923, 2006;
ORD 2914, 2004; ORD 2901, 2003)
L.Conversion of existing multi-family dwelling
rental units into for-purchase housing including the
demolition of existing multi-family dwelling rental units, is subject to the following:
1)Existing multi-family rental unit structures may be allowed to convert all or a portion of the
structure as set forth in Table 1 provided that the existing structure meets the following
general regulations of the zoning district: permitted density, yard requirements, maximum
height, maximum lot coverage, outdoor recreation space, maximum permitted floor area,
waste enclosures, parking and bike storage.
Table 1
Affordable
Affordable Rentals(per
Ownership (per Section
Number of Dwelling Market Rate
Section Market rate 18.28.040.L.5
Units on Tax LotOwnership18.28.040.L.5.Brentals.A)
2-4100%0%00%
5-1275%0%25%0%
13-2450%0%50%0%
25-4825%0%75%0%
49+00%100%0%
2)Existing multi-family rental unit structures may be allowed to convert all or a portion of the
structure as set forth in Table 2 and the standards below when the existing structure does
not meet any one or more of the following general regulations of the zoning district:
permitted density, yard requirements, maximum height, maximum lot coverage, outdoor
recreation space, and maximum permitted floor area.
a)Conversion of an existing multi-family structures to for-purchase housing shall
comply with the following general regulations and the site design and use standards of
the zoning district: number of bike and automobile parking spaces, trash and recycling
enclosures.
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b)Conversion of existing multi-family structures to for-purchase housing shall
demonstrate that there are adequate public facilities and public services available to
serve the development, including but not limited to water, sewer, electric, fire
protection, and storm drainage.
c)Conversion of existing multi-family structures to for-purchase housing shall improve
the street frontage to meet adopted Ashland Site Design and Use Standards and Street
Design Standards, including landscaping, sidewalks and street trees.
Table 2:
Affordable Affordable
Number of
Market Rate Market Rate
Ownership Rentals
Dwelling Units
OwnershipRentals
(per Section (per Section
on Tax Lot
18.28.040.L.5.B18.28.040.L.5.A
2-475%25%0%0%
5-1256.25%0%25%18.75%
13-2437.50%0%50%12.50%
25-4818.75%0%75%6.25%
48+0.00%0%100%0%
3)As an incentive to provide affordable rental housing units above minimum requirements in
projects of five or more units, an applicant shall be granted an equal percentage of
for-market ownership units per Table 3.
Table 3:
Affordable Affordable
Ownership Rentals(per
Number of Dwelling Market Rate (per Section Market rate Section
Units on Tax LotOwnership18.28.040.L.5.Brentals18.28.040.L.5.A
2-4nananana
5-1268.75%na0%31.25%
13-2462.50%na0%37.50%
25-4856.25%na0%43.75%
48+50.00%na0%50.00%
4)Units designated as market rate or affordable rental units shall be retained as one
condominium tract under one ownership. This remaining rental tract shall be restricted
from further consideration of conversion to for-purchase housing.
5)Affordable Housing Units provided under 18.28.040 L(2) and 18.28.040 L(3) shall meet
the following affordability standards:
a)Affordable Rental Units shall be affordable for rent by households earning at or below
60% of the area median income in accordance with the standards established by
Resolution 2006-13.
b)Affordable Ownership Units shall be affordable for purchase by households earning at
or below 80% of the area median income in accordance with the standards established
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by Resolution 2006-13. Resolution 2006-13 is specifically incorporated herein by
this reference and attached hereto as Appendix A.
6)Prior to offering any units for sale the developer must comply with section 15.104 of the
Ashland Municipal Code.
7)Conversion of existing rental units into for-purchase housing shall comply with the tenant
rights provisions under Chapter 10.115 of the Ashland Municipal Code.
8)For the purposes of sections 18.28.020 and 18.28.040 existing multi-family rental units are
defined as dwelling units designed to house multiple households within one or more
structures on a single property that were constructed and occupied prior to the effective
date of this ordinance. Multi-family rental units constructed after the effective date of this
ordinance are notsubject to the provisions of Chapter 18.28.040 (L).
(ORD 2951, amended, 07/01/2008; Ord 2942, amended, 10/02/2007; ORD 2923, Amended, 02/07/2006; Ord 2914, Amended,
12/07/2004; Ord 2901, Amended, 09/16/2003)
SECTION 18.28.041Appendix A
RESOLUTION NO. 2006-13
A RESOLUTION AMENDING AND RESOLUTION 2005-46
RECITALS:
A.WHEREAS, in 1993, the City of Ashland passed Resolution no. 1993-39 which established
affordable housing income levels and rental and purchased cost levels.
B.WHEREAS, in 2005, the City of Ashland passed Resolution 2005-46 which required provisions for
homeowner and maintenance fees to be included in the affordability calculations for its affordable
housing program.
C.WHEREAS, neither resolution contained provisions establishing rent levels or purchase price
levels for households earning 60%, 80% 100% or 120% of the area median income (AMI).
D.WHEREAS, neither resolution required Principal, Interest, Taxes and Insurance (PITI) to be
included in the maximum housing costs of eligible households in the affordability calculations for
the purchasing part of its affordable housing program.
E.WHEREAS both resolutions used “not-to-exceed purchase price” as a qualifying criterion for
purchasing housing units, which criterion requires annual revision, and the current resolution seeks
to replace the “not-to-exceed purchase price” with a “percent of household income” criterion
which does not require annual revision.
F.WHEREAS, the City considers that a range of qualifying incomes maximizes the potential for
success of its affordable housing program.
G.WHEREAS, the City desires that PITI be included in the affordability calculations for the various
income levels of qualified households and that the “percent of household income” criterion be used
in place of the “not-to-exceed purchase price” criterion.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Resolutions 1993-39 and 2005-46 are hereby amended in their entirety as follows:
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SECTION 1.GENERAL ELIGIBILITY –RENTAL AND PURCHASED HOUSING
1.1All qualifying ownership or rental units required to be affordable through density bonuses,
annexation, zone change, condominium conversion, or other land use approval under the
Ashland Land Use Ordinance (ALUO) shall not be eligible toreceive a waiver of the
Community Development and Engineering Services fees associated with the development
of said affordable units unless a waiver is approved by the Ashland City Council.
1.2All qualifying ownership or rental units required to be affordable through density bonuses,
annexation, zone change, condominium conversion, or other land use approval under the
ALUO shall be eligible to receive a deferral of the System Development Charges
associated with the development of said affordable units.
1.3All qualifying ownership or rental units voluntarily provided as affordable to low income
households, consistent with section 1.1 and 1.2, above, shall be eligible for a System
Development Charge, Engineering Service, and Community Development Fee deferral or
waiver without obtaining approval from the Ashland City Council.
1.4Affordable Housing Units covered under this Resolution can only be sold or rented to
occupant households from the same income category as the original purchasers or renters
for a period of not less than 30 years, or as required through the condition of approval for a
unit required to be affordable through a land use approval.
1.5System Development Charges, Engineering Services, and Community Development Fees
may be deferred or waived when units are sold or rented to low-income persons. For
purposes of this subsection, "low-income persons" means:
a. With regard to rental housing, persons with an income at or below 60
percent of the area median income as determined by the State Housing
Council based on information from the United States Department of
Housing and Urban Development; and
b.With regard to home ownership housing and lease to purchase home
ownership housing, persons with an income at or below 80 percent of the
area median income as determined by the State Housing Council based on
information from the United States Department of Housing and Urban
Development.
SECTION 2.RENTAL HOUSING.
-Units designated for affordable rental housing in developments
which have qualified for density bonuses, annexation, zone change, condominium conversion , or other
land use approval under the ALUO shall be rented to individuals or householdswhose annual income is
consistent with the target income identified in the planning approval. Incomes shall be qualified at the
60% or 80% median income levels for households in the Medford-Ashland Metropolitan Statistical Area
(MSA). This figure shall be known as the"qualifying household income" and shall be determined by the
City's Department of Community Development in May of each year from the annual family incomes
published by the U.S. Department of Housing and Urban Development (HUD)for the Medford-Ashland
Metropolitan Service Area (MSA).
Area Median Income –80%.
2.1The rent charged for such affordable rental housing
benefiting households earning 80% Area Median Income or greater,including any
home-owners association or maintenance fees, shall not exceed 23% of the qualifying
monthly income (qualifying family income divided by twelve) as provided in the following
formulas:
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Studio Apartment 23% of the average of 1 & 2 person qualifying monthly
incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly
incomes
2 Bedroom23% of the average of 3, 4, & 5 person qualifying
monthly incomes
3 Bedroom 23% of the average of 4, 5, 6, & 7 person qualifying
monthly incomes
4 Bedroom 23% of the average of 5, 6, 7, & 8 person qualifying
monthly incomes
The City's Department of Community Development shall maintain a table of maximum rent levels
permitted under these formulas and shall annually update the table in May of each year.
Area Median Income –60%lower.
2.2or The rent charged for such affordable rental
housing benefiting households earning 60% Area Median Income or less, including any
home-owners association or maintenance fees, shall comply with the maximum rents
established by the State of Oregon HOME Program based on the target income
qualification as adjusted annually by the Department of Housing and Urban Development
for the Medford-Ashland Metropolitan Service Area. The HOME program indexed
allowable rents are adjusted annually by the State of Oregon Housing and Community
Services Department (OHCS).
Owner’ s Obligation
2.3..The owner of the affordable rental housing shall sign a 30-year
agreement, or longer depending on the period of affordability established through the
ALUO, with the City of Ashland that guarantees these rent levels will not be exceeded and
that the owner will rent only to households meeting the income limits. The agreement shall
bind subsequent owners who purchase the rental housing during the established period of
affordability. The agreement shall also require the owner to allow the unit to be rented to
HUD Section 8 qualified applicants and agree to accept rent vouchers for all of the
affordable units when applicable. The City shall file the agreement for recordation in the
County Clerk deed records, Jackson County, Oregon.
Certification of qualifying occupants.
2.3.1.The owner of record, or the
designated agent of the record, owner, shall annually file with the City of Ashland
a signed certificate stating the occupants of the record owner’ srental housing
units continue to be qualified households, or are a household that qualified at its
initial occupancy, within the meaning of this Resolution, and any amendment
made to it. The City of Ashland shall provide the record owner or the record
owner’ s agent with access to a form to complete and sign to comply with this
provision.
SECTION 3.PURCHASED HOUSES -QUALIFYING
. Units designated for affordable housing
available for purchase in developments which have qualified for density bonuses annexation, zone change,
condominium conversion , or other land use approval under the ALUO must satisfy two criteria.
1.They shall only be sold to occupant households whose:
a.Annual income is consistent with the target income identified in the planning
approval for the development. Incomes shall be qualified at the applicable 60%,
80%, 100% or 120% median income levels for households based on number
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of people per household as adjusted annually by the Department of Housing and
Urban Development for the Medford-Ashland Metropolitan Service Area.
i.The maximum monthly payment for a covered unit shall be established to
not exceed the affordability limits, established above, indicated in
following table:
Studio = 1 person household income for the designated income level
1 Bedroom = 2 person household income for the designated income level
2 Bedroom = 4 person household income for the designated income level
3 Bedroom = 6 person household income for the designated income level
4 Bedroom = 7 person household income for the designated income level
Households with a greater or lesser number of occupants shall remain
eligible for covered units but the sale price shall not be adjusted due to
household size above the limits established above.
b.Net assets, excluding pension plans and IRA's and excluding the down payment
and closing costs, do not exceed $20,000 for a household or $130,000 if one
household member is 65 years or older.
c.Mortgage payment does not exceed more than 30% of the monthly income for the
target income level indicated in 3.1(a)(i) on total housing costs which includes
PITI and any homeowners or regular maintenance fees.
d.The maximum monthly payment for a covered unit shall be calculated by
utilizing the interest rate for the Oregon Bond Loan RateAdvantage as updated by
the State of Oregon Housing and Community Services Department.
2.They shall remain affordable as follows:
a. The purchasers of the affordable housing units shall agree to the City of Ashland
Affordable Housing Resale Restriction Agreement establishing a period of
affordability of not less than 30 years. In no event will a purchaser be required to sell
the unit subject to the aforementioned Agreement for less than his or her original
purchase price, plus any applicable closing costs and realtor fees.
b.For housing financed by Farmer’ s Home Administration (FmHA), the affordability
shall be assured by the FmHA’ srecapture provisions FmHA which require sellers to
repay FmHA for all the subsidies accrued during the period the sellers resided in the
housing unit.
SECTION 2.EFFECTIVE DATE.
This Resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED
and ADOPTED this 20 day of June , 2006.
Barbara Christensen (Signature on File)
City Recorder
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Alex Amarotico (Signature on File)
Council Chair
(Ord 2942, amended, 10/02/2007)
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CHAPTER 18.30
NM NORTH MOUNTAIN NEIGHBORHOOD
SECTIONs:
18.30.010Purpose.
18.30.020NM General Regulations
18.30.030NM-C Neighborhood Central Overlay
18.30.040Neighborhood Core Overlay NM-MF
18.30.050Neighborhood General Overlay NM-R-1-5
18.30.060Neighborhood Edge Overlay NM-R-1-7.5
18.30.070Civic Spaces Overlay --NM-Civic.
18.30.080Open Spaces Overlay --NM-O.
18.30.090North Mountain Greenway Overlay--NM-G.
18.30.100Site Plan and Architectural Review Procedure.
18.30.110Applicability of Other Sections of the Land Use Ordinance.
SECTION 18.30.010Purpose.
This district is designed to provide an environment suitable for traditional neighborhood living, working,
and recreation. The NM district and Neighborhood Plan is a blueprint for promoting a variety of housing
types, mixed-use developments, neighborhood oriented businesses and community services in a manner
which enhances property values and preserves open spaces and significant natural features.
SECTION 18.30.020NM General Regulations
Conformance with North Mountain Neighborhood Plan.
A.
Land uses, streets, alleys and pedestrian/bicycle access ways shall be located in accordance with those
shown on the North Mountain Neighborhood Plan adopted by Ordinance No. 2800.
Major and Minor Amendments
1.
a.Major amendments are those which result in any of the following:
(1)A change in land use.
(2)A change in the street layout plan that requires a street to be eliminated or to be located in
such a manner as to not be consistent with the neighborhood plan.
(3)A change in the North Mountain Neighborhood Design Standards.
(4)A change in planned residential density.
(5)A change not specifically listed under the major and minor amendment definitions.
b.Minor amendments are those which result in any of the following:
(1)Changes related to street trees, street furniture, fencing, or signage.
(2)A change in the street layout that requires a local street, alley, easement, pedestrian/bicycle
accesswayor utility to be shifted more than 50 feet in any direction, as long as the change
maintains the connectivity established by the neighborhood plan.
Major Amendment Type II Procedure.
2.A major amendment to the neighborhood plan shall be
processed as a Type II planning action concurrently with specific development proposals. In
addition to complying with the standards of this section, findings must demonstrate that:
a.The proposed modification maintains the connectivity established by the neighborhood plan;
b.The proposed modification furthers the design and access concepts advocated by the
neighborhood plan, including but not limited to pedestrian access, bicycle access, and
de-emphasis on garages as a residential design feature;
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c.The proposed modification will not adversely affect the purpose, objectives, or functioning of
the neighborhood plan.
d.The proposed modification is necessary to adjust to physical constraints evident on the
property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or
similar natural features, or to adjust to existing property lines between project boundaries.
Minor Amendment Type I Procedure.
3.A minor amendment to the neighborhood plan may be
approved as a Type I planning action concurrently with specific development proposals. The
request for a minor amendment shall include findings that demonstrate that the change will not
adversely affect the purpose, objectives, or functioning of the neighborhood plan.
Utilities shall be installed underground to the greatest extent feasible.
4.Where possible, alleys
shall be utilized for utility location, including transformers, pumping stations, etc...
Lots With Alley Access.
B. If the site is served by an alley, access and egress for motor vehicles shall
be to and from the alley. In such cases, curb openings along the street frontage are prohibited.
Street, Alley and Pedestrian/bicycle Accessway Standards.
C. The standards for street, alley, and
pedestrian/bicycle accessway improvements shall be as designated in the North Mountain
Neighborhood Design Standards.
Minimum Density.
D. Proposals resulting in the creation of additional parcels or greaterthan three
units on a single parcel shall provide for residential densities between 75 to 110 percent of the base
density for a given overlay, unless reductions in the total number of units is necessary to accommodate
significant natural features, topography, access limitations or similar physical constraints. (Proposals
involving the development of neighborhood commercial businesses and services shall be exempt from
the above requirements).
Density Transfer.
E. Density transfer within a project from oneoverlay to another may be approved if it
can be shown that the proposed density transfer furthers the design and access concepts advocated by
the neighborhood plan, and provides for a variety of residential unit sizes, types and architectural styles.
Drive-Up Uses.
F. Drive-Up uses are not permitted within the North Mountain Neighborhood Plan
area.
Performance Standards Overlay.
G.All applications involving the creation of three or more lots shall
be processed under the Performance Standards Option chapter 18.88.
Fencing.
H.No fencing exceeding three feet in height shall be allowed in the front lot area between the
structureand the street. No fencing shall be allowed in areas designated as Floodplain Corridor.
Adjustment of Lot Lines.
I.As part of the approval process for specific development proposals,
adjustments to proposed lot lines may be approved consistent with thedensity standards of the
neighborhood plan zoning district.
(ORD 2951, amended, 07/01/2008)
SECTION 18.30.030NM-C Neighborhood Central Overlay
Permitted Density.
A.The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer shall
not apply towards the total density. Base density for the Neighborhood Central Overlay shall be 20
units per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75
units for the purposes of density calculations.
Off-Street Parking.
B.In all areas within the Neighborhood Central Overlay, all uses are not required to
provide off-street parking or loading areas, except for residential uses where one space shall be
provided per residential unit. All parking areas shall comply with the Off-Street Parking chapter and the
Site Review chapter.
Area, Yard Requirements:
C.There shall be no minimum lot area, lot coverage, front yard, side yard or
rear yard requirement, except as required under the Off-Street Parking Chapter or where required by the
Site Review Chapter.
Solar Access:
D.The solar setback shall not apply in the Neighborhood Central Overlay.
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Permitted Uses.
E.The following uses are permitted in the NM-C overlay subject to conditions limiting
the hours and impact of operation;
1.Residential Uses, subject to the above density requirements.
2.Home Occupations.
3.Parks and Open Spaces.
4.Agriculture.
5.Neighborhood Oriented Retail Sales and Personal Services, with each building limited to 3,500
square feet of total floor area.
6.Professional Offices, with each building limited to 3,500 square feet of total floor area.
7.Restaurants.
8.Manufacturing or assembly of items sold in a permitted use, provided such manufacturing or
assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet.
9.BasicUtility Providers, such as telephone or electric providers, with each building limited to 3,500
square feet of total floor area.
10.Community Services, with each building to 3,500 square feet of total floor area.
11.Churches or Similar Religious Institutions, when the same such use is not located on a contiguous
property, nor more than two such uses in a given Overlay.
12.Neighborhood Clinics, with each building limited to 3,500 square feet of total floor area.
Conditional Uses.
F.
1.Temporary Uses.
2.Public Parking Lots.
Lot Coverage:
G.Maximum lot coverage shall be seventy-five (75) percent.
(ORD 2951, amended, 07/01/2008)
SECTION 18.30.040Neighborhood Core Overlay NM-MF
Permitted Density
A.. The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer shall
not apply towards the total density. Base density for the Neighborhood Core Overlay shall be 12.0 units
per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for
the purposes of density calculations.
1.Minimum density requirements. Subdivisions or multi-family developments shall be developed, or
clearly demonstrate that further development will occur, in accordance with the minimum density
standard described in 18.030.020 D.
Off-Street Parking
B.. In all areas within the Neighborhood Core Overlay, off-street parking shall be
provided in accord with the chapter on Off-Street Parking.
Yard Requirements
C.
1.Front Yards. Front yard setbacks shall be a minimum of ten (10)feet and a maximum of
twenty-five (25)feet, excluding garages. Front yards may be reduced to five (5)feet for unenclosed
porches with a minimum depth of six (6) feetand a minimum width of eight (8) feet. Garages shall
be setback a minimum of fifteen (15)feet from the front building facade and twenty (20)feet from
the sidewalk. No greater than 50 percent (50%)of the total lineal building facade facing the street
shall consist of garage, carport or other covered parking space.
2.Side Yards. Side yardsetbacks shall be a minimum of five (5) feet for the firststory, excluding
half-stories andupper floor dormer space, five (5) feet for eachadditional story, and ten (10) feet
when abutting a public street. Single story, detached garages and accessory structures shall have a
minimum three (3) foot side yard, except that no side yard is required for accessory buildings
sharing a common wall.
3.Rear Yards. Ten feet per story, with the exception of upper floor dormer space which may be
setback 15 feet. Single story, detached garages and accessory buildings, and two story accessory
buildings adjacent to an alley shall have a minimum rear yard of four feet.
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Lot Coverage
D.: 75 percent
Permitted Uses
E..
1.Residential Uses, subject to the above density requirements.
2.Home Occupations.
3.Parks and Open Spaces.
4.Agriculture.
(ORD 2951, amended, 07/01/2008)
SECTION 18.30.050Neighborhood General Overlay NM-R-1-5
Permitted Density
A.. The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer shall
not apply towards the total density. Base density for the Neighborhood General Overlay shall be 5.0
units per acre. Accessory Residential Units shall not be included in base density calculations.
Off-Street Parking
B.. In all areas within the Neighborhood General Overlay, off-street parking shall be
provided in accordance with the General Regulations of this chapter and the Off-Street Parking chapter.
Yard Requirements
C.
1.Front Yards. Front yard setbacksshall be a minimum of ten (10) feet and a maximum of
twenty-five (25)feet, excluding garages. Front yards may be reduced to five (5)feet for unenclosed
porches with a minimum depth of six (6) feetand a minimum width of eight (8) feet. Garages shall
be setback a minimum of fifteen (15) feet from the front building facade and twenty (20)feet from
the sidewalk. Nogreater than 50 percent (50%) of the total lineal building facade facing the street
shall consist of garage, carport or other covered parking space.
2.Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the firststory, excluding
half-stories and upper floor dormer space, five (5) feet for each additional story, and ten (10) feet
when abutting a public street. Single story, detached garages and accessory structures shall have a
minimum three (3) foot side yard, except that no side yard is required for accessory buildings
sharing a common wall.
3.Rear Yards. Ten feet per story, with the exception of upper floor dormer space which may be
setback 15 feet. Single story, detached garages and accessory buildings, and two story accessory
buildings adjacent to an alley shall have a minimum rear yard of four feet.
Permitted Uses.
D.
1.Residential Uses, subject to the above density requirements.
2.Home Occupations.
3.Parks and Open Spaces.
4.Agriculture.
Special Permitted Uses.
E.
1.Accessory Residential Units, subject to the following requirements:
a.The proposal must comply with lot coverage and setback requirements of the underlying zone.
b.That the maximum number of dwellings not exceed two per lot.
c.That the maximum gross habitable floor area (GHFA) of the accessory residential unit not
exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 750 sq. ft.
GHFA. Second story accessory residential units constructed above a detached accessory
building shallnot exceed 500 sq. ft. GHFA.
d.Additional parking shall be in conformance with the Off-Street Parking provisions for
single-family dwellings of this title.
2.Community Services, with each building limited to 2,500 square feet of total floor area.
F.Lot Coverage:
Maximum lot coverage shall be fifty percent (50%).
(ORD 2951, amended, 07/01/2008)
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SECTION 18.30.060Neighborhood Edge Overlay NM-R-1-7.5
Permitted Density
A.. The density shall be computed by dividing the total number of dwelling units by
the acreage of the project, including land dedicated to the public. Fractional portions of the answer shall
not apply towards the total density. Base density for the Neighborhood Edge Overlay shall be 3.6 units
per acre. Accessory Residential Units shall not be included in base density calculations.
Off-Street Parking
B.. In all areas within the Neighborhood Edge Overlay, off-street parking shall be
provided in accordance with the General Regulations of this chapter and the Off-Street Parking chapter.
Yard Requirements
C.
1.Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of
twenty-five (25)feet, excluding garages. Front yards may be reduced to five (5) feet for unenclosed
porches with a minimum depth of six (6) feet and a minimum width of eight (8) feet. Garages shall
be setback a minimum of fifteen (15)feet from the front building facade and twenty (20)feet from
the sidewalk. No greater than 50 percent (50%) of the total lineal building facade facing the street
shall consist of garage, carport or other covered parking space.
2.Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the firststory,
excluding half-stories andupper floor dormer space, five (5) feet for each additional story, and ten
(10)feet when abutting a public street. Single story, detached garages and accessory structures
shall have a minimum three (3) foot side yard, except that no side yard is required for accessory
buildings sharing a common wall.
3.Rear Yards. Ten feetper story, with the exception of upper floor dormer space which may be
setback 15 feet. Single story, detached garages and accessory buildings, and two story accessory
buildings adjacent to an alley shall have a minimum rear yard of four feet.
Permitted Uses.
D.
1.Residential Uses, subject to the above density calculations.
2.Home Occupations.
3.Parks and Open Spaces.
4.Agriculture
Special Permitted Uses.
E.
1.Accessory Residential Units, subject to Site Review approval under a Type I Procedure andthe
following requirements:
a.The proposal must comply with lot coverage and setback requirements of the underlying zone.
b.That the maximum number of dwellings not exceed two per lot.
c.That the maximum gross habitable floor area (GHFA) of the accessory residential unit not
exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 750 sq. ft.
GHFA. Second story accessory residential units constructed above a detached accessory
building shall not exceed 500 sq. ft. GHFA.
d.Additional parking shall be in conformance with the Off-Street Parking provisions for
single-family dwellings of this title.
Floodplain Corridor
F.
1.Developments including lands within the identified floodplain corridor, including street
development, shall comply with the following requirements:
a.A hydrologic study prepared by a geotechnical expert shall be submitted concurrently with
specific development proposals indicating the impact of the development on the floodplain
corridor, and all efforts to be taken to mitigate negative impacts from flooding in the area of the
floodplain corridor and areas of historic flooding.
b.The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate flood
protection measures, as determined by a geotechnical expert, in the overall design of the new
street. Such protection measures shall address flooding in the floodplain corridor and in areas
of historic flooding.
c.A grading plan for the overall development, indicating grade relationships between the
development and the floodplain corridor, shall be included with the specific development
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proposal. A statement shall be included, prepared by a geotechnical expert or licensed
surveyor, indicating that the finish grade for all buildable areas outside of the floodplain
corridor shall be at or above the Ashland floodplain corridor elevations indicated on the
officially adopted city maps.
Lot Coverage
G.: Maximum lot coverage shall be forty-five percent (45%).
(ORD 2951, amended, 07/01/2008)
SECTION 18.30.070Civic Spaces Overlay --NM-Civic.
General Requirements
A.: Civic spaces identified on the Neighborhood Plan map shall be developed as
part of a specific project approval. If the project is proposed to be developed in phases, 50 percent of the
area of the Civic Space shall be developed in the first phase with the remainder of the area to be
developed prior to building permit issuance for 2/3 thirds of the project's units.
Permitted Uses of Civic Spaces
B..
1.Community Services.
2.Recreation and Open Space.
3.Agriculture, including community garden space.
SECTION 18.30.080Open Spaces Overlay --NM-O.
General Requirements
A.: Open spaces identified on the Neighborhood Plan map shall be developed as
part of a specific project approval. If the project is proposed to be developed in phases, 50 percent of the
area of the Open Space shall be developed in the first phase with the remainder of the area to be
developed prior to building permit issuance for 2/3 thirds of the project's units.
SECTION 18.30.090North Mountain Greenway Overlay--NM-G.
Applicability.
A.All projects containing land identified on the North Mountain Neighborhood Plan Map
as part of the North Mountain/Bear Creek Greenway shall dedicate that area so designated to the City of
Ashland for park purposes. It is recognized that the upzoning of properties as part of the North
Mountain Neighborhood Plan imparted significant value to the land, and the required dedication of
those lands within the North Mountain/Bear Creek Greenway for park purposes is proportional to the
value bestowed upon the property through the change in zoning designation.
Dedication on Final Survey Plat.
B.The dedication of lands within the North Mountain/Bear Creek
Greenway shall be indicated on the final survey plat accompanying all partitions, subdivisions and
Performance Standards developments.
Development Restrictions
C.. It is recognized that lands within the North Mountain/Bear Creek
Greenway are identified as part of Ashland's Floodplain Corridor Lands, and are prohibited from
further development, except as outlined in the Physical and Environmental Constraints chapter.
Prohibition of Density Transfer
D.. No transfer of density from lands identified within the North
Mountain/Bear Creek Greenway shall be permitted. It is recognized that the upzoning associated with
the North Mountain Neighborhood Plan accommodated such transfers.
Greenway Drive
E.. The design of Greenway Drive, as indicated on the neighborhood plan, shall
incorporate flood protectionmeasures, as determined by a geotechnical expert, in the overall design of
the new street. Such protection measures shall address flooding in the floodplain corridor and in areas
of historic flooding.
SECTION 18.30.100Site Plan and Architectural Review Procedure.
Project Applicability.
A.The following planning applications shall comply with applicable North
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Mountain Neighborhood Design Standards and all other requirements outlined in the Site Design and
Use Standards chapter 18.72.
1.Performance Standards Option Developments.
a.For applications processed under the Performance Standard's Option, the following additional
information shall be provided:
i.Typical elevations incorporating the architectural elements described in the North
Mountain Neighborhood Design Standards shall be included for all proposed buildings as
part of the application for Final Plan.
2.Partitions.
3.All Development Requiring Site Plan Approval under the Site Design and Use Chapter 18.72.
Review and Approval Procedure
B.. All land use applications shall be reviewed and processed in
accordance with the requirements described in the Procedures chapter 18.108.
Supplemental Approval Criteria.
C.In addition to the criteria for approval required by other sections
of the land use ordinance, applications within the NM land use district shall also address the following
criteria:
1.That a statement has been provided indicating how the proposed application conforms with the
general design requirements of the North Mountain Neighborhood Plan, including density,
transportation, building design, and building orientation.
2.That the proposed application complies with the specific design requirements as provided in the
North Mountain Neighborhood Design Standards.
SECTION 18.30.110Applicability of Other Sections of the Land Use Ordinance.
Interpretation.
A.Where the provisions of this Chapter conflict with comparable standards described in
any other ordinance, resolution or regulation, the provisions of the North Mountain Neighborhood
zoning district shall govern." (ORD 2800, 1997)
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CHAPTER 18.32
C-1 RETAIL COMMERCIAL DISTRICT
SECTIONs:
18.32.010Purpose.
18.32.020Permitted Uses.
18.32.025Special Permitted Uses
18.32.030Conditional Uses
18.32.040General Regulations.
18.32.050"D" Downtown Overlay District.
SECTION 18.32.010Purpose.
This district is designed to stabilize, improve and protect the characteristics of those areas providing
commercial commodities and services.
SECTION 18.32.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Professional, financial, business and medical offices, and personal service establishments such as
beauty and barber shops, launderette, and clothes and laundry pick-up stations.
B.Stores, shops and offices supplying commodities or performing services, such as a department
store, antique shop, artists supply store, and including a regional shopping center or element of such
center, such as a major department store.
C.Restaurants. (Ord 2812, S2 1998)
D.Theaters, but not including a drive-in.
E.Manufacture or assembly of items sold in a permitted use, provided such manufacturing or
assembly occupies six hundred (600) square feet or less, and is contiguous to the permitted retail
outlet.
F.Mortuaries and crematoriums.
G.Printing, publishing, lithography, xerography, copy centers.
H.Temporary tree sales, from November 1 to January 1.
I.Public and quasi-public utility and service buildings, and public parking lots, but excluding
electrical substations.
J.Kennels and veterinary clinics, with all animals housed within structures.
K.Nightclubs and Bars. Except as provided in 18.32.030, however, no nightclub or bar is permitted
within the Historic Interest Area unless it is located in the “D” Downtown Overlay District. (Ord
2812, S2 1998)
SECTION 18.32.025Special Permitted Uses
The following uses and their accessory uses are permitted outright subject to the requirements of this
section and the requirements of Chapter 18.72, Site Design and Use Standards.
Commercial laundry, cleaning and dyeing establishments.
A.
1.All objectionable odors associated with the use shall be confined to the lot upon which the use is
located, to the greatest extent feasible. For the purposes of this provision, the standard for judging
"objectionable odors" shall be that of an average, reasonable person with ordinary sensibilities after
taking into consideration the character of the neighborhood in which the odor is made and the odor is
detected.
2.The use shall comply with all requirements of the Oregon Department of Environmental Quality.
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Bowling alleys, auditoriums, skating rinks, and miniature golf courses.
B.If parking areas are
located within 200' of a residential district, they shall be shielded from residences by a fence or solid
vegetative screen a minimum of 4' in height.
Automobile fuel sales, and automobile and truck repair facilities.
C.These uses may only be located
in the Freeway Overlay District as shown on the official zoning map.
Residential uses.
D.
1.At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area
if there are multiple buildings shall be designated for permitted or special permitted uses,
excluding residential.
2.Residential densities shall not exceed 30 dwelling units per acre in the C-1 District, and 60
dwelling units per acre in the C-1-D District. For the purpose of density calculations, units of
less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit.
3.Residential uses shall be subject to the same setback, landscaping, and design standards as for
permitted uses in the underlying C-1 or C-1-D District.
4.Off-street parking shall not be required for residential uses in the C-1-D District.
5.If the number of residential units exceeds 10, then at least 10% of the residential units shall be
affordable for moderate income persons in accord withthe standards established by resolution
of the Ashland City Council through procedures contained in the resolution. The number of
units required to be affordable shall be rounded down to the nearest whole unit.
Drive-up uses as defined and regulated as follows:
E.
1.Drive-up uses are defined as any establishment which by design, physical facilities, service or by
packaging procedures encourages or permits customers to receive services, obtain goods other than
automobile fuel, or be entertained while remaining in their motor vehicles. The components of a
drive-up use include kiosks, canopies or other structures; windows; stalls; queuing lanes and
associated driveways. Drive-up uses may be approved in the C-1 District only, and only in the area
east ofa line drawn perpendicular to Ashland Street at the intersection of Ashland Street and
Siskiyou Boulevard.
2.Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive
Plan. The four existing non-conforming financialinstitution drive-up uses in operation in the
Historic Interest Area as of August 7, 2012 may redevelop or relocate within the C-1 and C-1-D
zoned portions of Ashland Historic Interest Area subject to the following requirements:
a.Relocation or redevelopment of a drive-up use within the C-1 or C-1-D zoned portions of the
Historic Interest Area shall be subject to a Type II Site Review procedure as a Special
Permitted Use.
b.Relocated or redeveloped drive-up uses may only be placed on a secondary building elevation,
and only accessed from an alley or driveway. A secondary building elevation is defined as a
building’ s side or rear elevation which does not face a street, other than an alley.
c.Driveways serving relocated or redeveloped drive-up uses shall not enter from or exit to a
higher order street frontage or through a primary elevation of the building, and driveways or
queuing lanes shall not be placed between a building and the right-of-way other than an alley.
d.No demolition of or exterior change to a building considered to be a historic resource shall be
permitted to accommodate the relocation or redevelopment of a drive-up use.
e.Regardless of the number of drive-up windows/lanes in use in the current location, with a
relocation or remodel the number of windows/lanes shall be reduced to one (1).
3.Drive-up uses are subject to the following criteria:
a.The average waiting time in line for each vehicle shall not exceed five minutes. Failure to
maintain this average waiting time may be grounds for revocation of the approval.
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b.All facilities providing drive-up service shall provide at least two designated parking spaces
immediately beyond the service window or provide other satisfactory methods to allow
customers requiring excessive waiting time to receive service while parked.
c.A means of egress for vehicular customers who wish to leave the waiting line shall be provided.
d.The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate
excessive fuel consumption and exhaust during the wait in line.
e.The drive-up shall be designed to provide as much natural ventilation as possible to eliminate
the buildup of exhaust gases.
f.Sufficient stacking area shall be provided to ensure that public rights-of-way are not
obstructed.
g.The sound level of communications systems shall not exceed 55 decibels at the property line
and shall otherwise comply with the Ashland Municipal Code regarding sound levels.
h.The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up
uses may be transferred to another location in accord with all requirements of this section.
The number of drive-up window stalls shall not exceed 1 per location, even if the transferred
use had greater than one stall.
i.A separate ministerial “Drive-Up Transfer” permit shall be obtained for the transfer of any
drive-up use when such transfer is not associated with a Site Review or Conditional Use permit
application in order to formally document transfer of the use.
j.Drive-up uses which are discontinued without a properly permitted transfer shall be deemed to
have expired after being unused for six (6) months. Discontinuation of a drive-up use is
considered to have occurred when the drive-up use is documented ashaving ceased on site
through a ministerial, Site Review or Conditional Use permit review, or upon on-site
verification by the Staff Advisor.
k.All components of a drive-up use shall be removed within sixty (60) days of discontinuation of
the use throughabandonment, transfer, relocation or redevelopment.
Kennel and veterinary clinics
F.where animals are housed outside, provided the use is not located
within 200' of a residential district.
Medical marijuana dispensaries meeting all of the following requirements:
G.
1.The dispensary must be located on a property witha boundary line adjacent to a boulevard, except
that dispensaries are not permitted in the Downtown Design Standards zone.
2.The dispensary must be located in a permanent building and may not locate in a trailer, cargo
container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material
associated with the dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the dispensary must be
consistent with the Site Design Use Standards, and obtain Site Review approval if required by
section 18.72.030. Security bars or grates on windows and doors are prohibited.
4.The dispensary must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or by-products; such
remnants or by-products shall not be placed within the dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the state of Oregon’s medical
marijuana facility registration system under ORS 475.300 –ORS 475.346, and meets the
requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities.
(Ord 3074, amended, 10/03/2012; ORD 2951, amended, 07/01/2008; Ord 3097, amended7/01/2014)
Conditional Uses
SECTION 18.32.030
The following uses and their accessory uses are permitted when authorized in accordance with the chapter
on Conditional Use Permits:
A.Electrical substations.
B.Automobile fuel sales, and automobile and truck repair facilities, except as allowed as a special
permitted use in 18.32.025.
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C.New and used car sales, boat, trailer, and recreational vehicles sales and storage areas, except
within the Historic Interest Area as defined in the Comprehensive Plan.
D.Hotels and motels.
E.Temporary uses.
F.Outdoor storage of commodities associated with a permitted, special permitted or conditional use.
G.Hostels, provided that the facility be subject to an annual Type I review for at least the first three
years, after which time the Planning Commission may approve, under a Type II procedure, a
permanent permit for the facility.
H.Building material sales yards, but not including concrete or asphalt batch or mixing plants.
I.Churches or similar religious institutions.
J.Wireless Communication Facilities not permitted outright and authorized pursuant to Section
18.72.180.
K.Structures which are greater than forty (40) feet in height, but less than fifty-five (55) feet, in the
“D” Downtown Overlay District.
L.Medical marijuana dispensaries, except as allowed as a special permitted use in 18.32.025, and
meeting all of the following requirements:
1.The dispensary must be located 200 feet or more from a residential zone, except that
dispensaries are not permitted in the Downtown Design Standards zone.
2.The dispensary must be located in a permanent building and may not locate in a trailer, cargo
container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material
associated with the dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the dispensary must be
consistent with the Site Design Use Standards, and obtain Site Review approval if required by
section 18.72.030. Security bars or grates on windows and doors are prohibited.
4.The dispensary must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or by-products; such
remnants or by-products shall not be placed within the dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the state of Oregon’s
medical marijuana facility registration system under ORS 475.300 –ORS 475.346, and meets
the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities.
(ORD 2951, amended, 07/01/2008; Ord 3097, 2014)
SECTION 18.32.040General Regulations.
A.Area, Width, Yard Requirements. There shall be no lot area, width, coverage, front yard, side yard, or
rear yard, except as required under the Off-Street Parking and Solar Access Chapters; where required or
increased for conditional uses; where required by the Site Review Chapter or where abutting a
residential district, where such setback shall be maintained at ten feet per story for rear yards and ten
feet for side yards. (Ord 2859 S1, 2000)
B.Maximum Building Height. No structure shall be greater than 40 feet in height.
SECTION 18.32.050"D" Downtown Overlay District.
A.In all areas within the "D" Downtown Overlay District, all uses are not required to provide off-street
parking or loading areas, except for hotel, motel, or hostel uses. All parking areas provided shall
comply with the Off-Street Parking chapter and the Site Review chapter.
B.Structures which are greater than 40feet in height, but less than 55 feet, may be permitted as a
conditional use.
C.The solar access setback does not apply in the "D" Overlay district." (Ord. 2688-1992)
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CHAPTER 18.40
E-1 EMPLOYMENT DISTRICT
SECTIONs:
18.40.010Purpose.
18.40.020PermittedUses.
18.40.030Special Permitted Uses
18.40.040Conditional Uses
18.40.050General Regulations.
SECTION 18.40.010Purpose.
The district is designed to provide for a variety of uses such as office, retail, or manufacturing in an
aesthetic environment and having a minimal impact on surrounding uses.
SECTION 18.40.020Permitted Uses.
The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter
18.72, Site Design and Use Standards:
A.Professional, financial, and business and medical offices, and personal service establishments.
B.Stores, shops and offices supplying commodities or performing services, except that retail uses
shall be limited to no greater than 20,000 sq. ft. of gross leasable floor space per lot.
C.Restaurants. (Ord 2812, S4 1998)
D.Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery.
E.Light manufacturing, assembly, fabricating, or packaging of products from previously prepared
materials, such as cloth,plastic, wood (not including saw, planing, or lumber mills or molding
plants), paper, cotton, precious or semi-precious metals or stone.
F.Manufacture of electric, electronic, or optical instruments and devices.
G.Administrative or research establishments.
H.Motion picture, television, or radio broadcasting studios operating at an established or fixed
location.
I.Mortuaries and crematoriums.
J.Building material sales yards, but not including concrete or asphalt batch or mixing plants.
K.Kennels and veterinary clinics, with all animals housed within structures.
L.Bakeries
M.Public and quasi-public utility and service buildings and yards, structures, and public parking lots,
but excluding electrical substations.
N.Manufacture of pharmaceutical and similar items.
O.Wireless Communication Facilities permitted outright pursuant to Section 18.72.180.
(ORD 2951, amended, 07/01/2008)
SECTION 18.40.030Special Permitted Uses
The following uses and their accessory uses are permitted outright subject to the requirements of this
section, including all requirements of 18.72, Site Design and Use Standards.
A.Bottling plants, cleaning and dyeing establishments, laundries and creameries.
1.All objectionable odors associated with the use shall be confined to the lot upon which the use is
located to the greatest extend feasible. For the purposes of this provision, the standard for judging
"objectionable odors" shall be that of an average, reasonable person with ordinary sensibilities after
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taking into consideration the character of the neighborhood in which the odor is made and the odor
is detected.
2.The use shall comply with all requirements of the Oregon Department of Environmental Quality.
B.Wholesale storage and distribution establishments. Provided, however, that for the uses specified in
subsection A and B above, no deliveries or shipments shall be made from 9pm to 7am where the
property on which the use is located is within 200 feet of any residential district.
C.Recycling depots, providedthe use is not located within 200’ of a residential district.
D.Kennels and veterinary clinics where animals are housed outside, provided the use is not located within
200’ of a residential district.
E.Residential uses. As indicated as R-Overlay on the official zoning map, and in conformance with the
Overlay Zones chapter 18.56.
F.Cabinet, carpentry, machine, and heating shops, if such uses are located greater than 200’ from the
nearest residential district.
G.Manufacture of food products, butnot including the rendering of fats or oils. For any manufacture of
food products with 200’ of a residential district:
1.All objectionable odors associated with the use shall be confined to the lot upon which the use is
located, to the greatest extent feasible. For the purposes of this provision, the standard for judging
“ objectionable odors” shall be that of an average, reasonable person with ordinary sensibilities
after taking into consideration the character of the neighborhood in which the odoris made and the
odor is detected. Odors which are in violation of this section include but are not limited to the
following:
a.Odors from solvents, chemicals or toxic substances.
b.Odors from fermenting food products.
c.Odors from decaying organic substances or human or animal waste.
2.Mechanical equipment shall be located on the roof or the side of a building with the least exposure
to residential districts. Provided, however, that it may be located at any other location on or within
the structure or lot where the noise emanating from the equipment is no louder, as measured from
the nearest residential district, than if located on the side of the building with least exposure to
residential districts. Mechanical equipment shall be fully screened and buffered.
H.Cold Storage Plants, if such uses are located greater than 200’ from the nearest residential district.
I.Automobile and truck repair facilities, excluding auto body repair and paint shops. All cars and trucks
associated with the use must be screened from view from the public right-of-way by a total sight
obscuring fence. Facilities of 3 bays or larger shallnot be located with in 200’ of a residential
district.
J.Medical marijuana dispensaries meeting all of the following requirements:
1.The dispensary must be on a property with a boundary line adjacent to a boulevard.
2.The dispensary must be located in a permanent building and may not locate in a trailer, cargo
container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material
associated with the dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the dispensary must be
consistent with the Site Design Use Standards, and obtain Site Review approval if required by
section 18.72.030. Security bars or grates on windows and doors are prohibited.
4.The dispensary must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or by-products; such
remnants or by-products shall not be placed within the dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the state of Oregon’s
medical marijuana facility registration system under ORS 475.300 –ORS 475.346, and meets
the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities.
(Ord 3052, amended, 11/14/2011; ORD 2951, amended,07/01/2008;Ord 3097, 2014)
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SECTION 18.40.040Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with the chapter
on Conditional Use Permits:
A.Electrical substations.
B.Mini-warehouses and similarstorage areas.
C.Contractor equipment storage yards or storage and rental of equipment commonly used by a
contractor.
D.Automobile fuel sales.
E.New and used car sales, boat, trailer and recreational vehicles sales and storage areas, provided that
the use is not located within the Historic Interest Area as defined in the Comprehensive Plan.
F.Hotels and motels.
G.Any use which involves outside storage of merchandise, raw materials, or other material associated
with the primary use on the site.
H.Private college, trade school, technical school, or similar school.
I.Cabinet, carpentry, machine, and heating shops, if such uses are located less than or equal to 200'
from the nearest residential district.
J.Cold storage plants, if such uses are located less than or equal to 200' from the nearest residential
district.
K.Automotive body repair and painting, including paint booths.
1.The use shall not be located within 200' of the nearest residentially zoned property.
2.All objectionable odors associated with the use shall be confined to the lot, to the greatest
extent feasible. For the purposes of this provision, the standard for judging "objectionable
odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into
consideration the character of the neighborhood in which the odor is made and the odor is
detected.
3.The use shall comply with all requirements of the Oregon Department of Environmental
Quality.
L.Churches and similar religious institutions
M.Nightclubs and Bars.
N.Theaters (excluding drive-in) and similar entertainment uses.
O.Temporary uses.
P.Wireless Communication Facilities not permitted outright and authorized pursuant to Section
18.72.180.
Q.Medical marijuana dispensaries, except as allowed as a special permitted use in 18.40.030, and
meeting all of the following requirements:
1.The dispensary must be located 200 feet or more from a residential zone.
2.The dispensary must be located in a permanent building and may not locate in a trailer, cargo
container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material
associated with the dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the dispensary must be
consistent with the Site Design Use Standards, and obtain Site Review approval if required by
section 18.72.030. Security bars or grates on windows and doors are prohibited.
4.The dispensary must not have a drive-up use.
5.The dispensary must provide for secure disposalof marijuana remnants or by-products; such
remnants or by-products shall not be placed within the dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the state of Oregon’s
medical marijuana facility registration system under ORS 475.300 –ORS 475.346, and meets
the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities.
(ORD 2951, amended, 07/01/2008; Ord 2894, Amended, 03/04/2003, Section 18.40.040.N Added; Ord 3097, 2014)
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SECTION 18.40.050General Regulations.
A.There shall be no area or width requirement except as may be required for conditional uses.
B.There shall be no yard requirement except when a lot or parcel adjoins a residential district, in which
case a side andrear yard of at least ten feet per story shall be required, and except as required in the Site
Review and Solar Access chapters.
C.No structure shall be greater than 40 feet in height.
D.There shall be no manufacturing, retailing, or other activity on the site which is not entirely conducted
within a building, except as specifically permitted in Section 18.40.040." (Ord. 2688-1992)
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CHAPTER 18.52
M-1 INDUSTRIAL DISTRICT
SECTIONs:
18.52.010Purpose.
18.52.020Permitted Uses.
18.52.030Conditional Uses.
18.52.040General Regulations.
SECTION 18.52.010Purpose.
This district is designed to encourage sound industrial development in the City by providing a protective
environment exclusively for such development.
SECTION 18.52.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Any manufacturing, processing, assembling, research, wholesale or storage use.
B.Railroad yards and freight stations, trucking and motor freight stations and facilities.
C.Public and public utility service buildings, structures and uses.
D.Permitted, special permitted and conditional uses in the Employment District listed in Section
18.40.020,18.40.030 and 18.40.040 of this Chapter, except residential uses. Medical marijuana
dispensaries must meet the special use requirements of 18.40.030.J.
E.Building materials sales yards.
(Ord 2389, 1986; Ord 2886, Amended, 08/20/2002; Ord 3097, 2014)
SECTION 18.52.030Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance with the chapter
on Conditional Use Permits:
A.Junkyard and auto wrecking yards.
B.Kennels and veterinary clinics.
C.Banks, restaurants or other convenience establishments designed to serve persons working in the
zone only.
D.Concrete or asphalt batch or mixing plants.
E.Temporary uses.
F..Wireless Communication Facilities not permitted outright and authorized pursuant to Section
18.72.180.
(ORD 2951, amended, 07/01/2008; Ord 2886, Amended, 08/20/2002)
SECTION 18.52.040General Regulations.
A.Minimum Lot Area, Width, Depth. There is no minimum lot area, lot width, or lot depth.
B.Minimum Front Yard. The minimum front yard shall be 25 feet.
C.Minimum Side Yard. There is no minimum side yard requirement, except twenty (20) feet where
adjoining a residential district.
D.Minimum Rear Yard. There is no minimum rear yard requirement, except twenty (20) feet where
adjoining a residential district.
E.Maximum Building Height. No building shall be greater than forty (40) feet in height.
F.Solar Setback. The solar setback shall apply in this district. (Ord. 2228, 1982)
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CHAPTER 18.53
CM CROMAN MILL
SECTIONs:
18.53.010Purpose
18.53.020General Requirements
18.53.030Croman Mill District Plan Development Standards
18.53.040Use Regulations
18.53.050Dimensional Regulations
18.53.060Croman Mill District Open Space Overlay
18.53.070Applicability of Other Sections of the Land Use Ordinance
SECTION 18.53.010Purpose
The purpose of this section is to implement the CromanMill Site Redevelopment Plan. The district is
designed to provide an environment suitable for employment, recreation and living. The CM zoning district
is a blueprint for promoting family-wage jobs, professional office and manufacturing commerce,
neighborhood-oriented businesses, mixed-use projects and community services in a manner that enhances
property values by providing transportation options and preserving significant open spaces while
minimizing the impact on natural resources through site and building design.
(Ord 3034, added, 08/17/2010)
SECTION 18.53.020General Requirements
A.Conformance with the Croman Mill District Plan.
Land uses and development, including buildings, parking areas, streets, bicycle and pedestrian access
ways, multi-use paths and open spaces shall be located in accordance with those shown on the Croman
Mill District Plan maps adopted by Ordinance #3031 (August, 2010).
B.Major and minor amendments to the Croman Mill District Plan shall comply with the following
procedures:
1.Major and Minor Amendments.
a.Major amendments are those which result in any of the following:
i.A change in the land use overlay to CI Compatible Industrial or OE Office Employment.
ii.A modification to the street layout plan that necessitates a street or other transportation
facility to be eliminated.
iii.A change not specifically listed under the major and minor amendment definitions.
b.Minor amendments are those which result in any of the following:
i.A change in the Plan layout that requires a street, access way, multi-use path or other
transportation facility to be shifted more than 25 feet in any direction, as long as the change
maintains the connectivity established by the Croman Mill District Plan.
ii.Changes related to street trees, street furniture, fencing or signage.
iii.A change in the design of a street in a manner inconsistent with the Croman Mill District
Standards.
iv.A modification of a driveway access location in a manner inconsistent with the Croman
Mill District Standards.
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v.A site layout, landscaping or building design which is inconsistent with the Croman Mill
District Standards.
vi.A change to an area allocation for special permitted uses in section 18.53.040.B.
vii.A change in a dimensional standard requirement insection 18.53.050, but not including
height and residential density.
2.Major Amendment Type II –Approval Procedure. A major amendment to the Croman Mill
District Plan is subject to a public hearing and decision under a Type II Procedure. A major
amendment may be approved upon the hearing authority finding that:
a.The proposed modification maintains the connectivity established by the district plan, or the
proposed modification is necessary to adjust to physical constraints evident on the property, or
to protect significant natural features such as trees, rock outcroppings, wetlands, or similar
natural features, or to adjust to existing property lines between project boundaries;
b.The proposed modification furthers the design, circulation and access concepts advocated by
the district plan; and
c.The proposed modification will not adversely affect the purpose and objectives of the district
plan.
3.Minor Amendment Type I Procedure. A minor amendment to the Croman Mill District Plan is
subjectto an administrative decision under the Type I Procedure. Minor amendments shall not be
subject to the Administrative Variance from Site Design and Use Standards of Chapter 18.72. A
minor amendment may be approved upon finding that granting the approval will result in a
development design that equally or better achieves the stated purpose of this chapter, objectives of
specific Croman Mill District Standards, and guiding principles of the Croman Mill Site
Redevelopment Plan.
(Ord 3034, added, 08/17/2010)
SECTION 18.53.030Croman Mill District Plan Development Standards
A.Ashland Local Street Standards
The design and construction of streets and public improvements shall be in accordance with Ashland’ s
Local Street Standards, except as otherwise permitted for the following facilities within the Croman
Mill District:
a.Central Boulevard
b.Tolman Creek Road Realignment
c.Local Streets
d.Protected Bikeway and Pedestrian Path
e.Central Bike Path
f.Multi-use Path
g.Access ways
B.Site Design and Use Standards –Croman Mill District.
New development shall be designed and constructed consistent with Chapter 18.72 Site Design Review,
and Section VIII –Croman Mill District Standards of the Site Design and Use Standards.
(Ord 3034, added, 08/17/2010)
SECTION 18.53.040Use Regulations
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A.Generally.
Uses and their accessory uses are permitted, special permitted or conditional uses in the Croman Mill
District as listed in the Land Use Table.
B.Special Permitted Uses.
The following uses and their accessory uses are special permitted uses as listed in the Land Use Table
and are subject to the requirements of this section and the requirements of Chapter 18.72, Site Design
and Use Standards.
1.Residential Uses.
a.Theground floor area shall be designated for permitted or special permitted uses, excluding
residential.
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b.Residential densities shall not exceed the densities in section 18.53.050. For the purposes of
density calculations, units of less than 500 square feet of gross habitable floor area shall count
as 0.75 of a unit.
c.Residential uses shall execute a hold harmless covenant and agreement stating they shall not
protest impacts from commercial and industrial uses within the district.
2.Temporary EmployeeHousing.
Residential units for use by persons employed within the facility and their families when the
following standards are met.
a.Employee Housing densities shall not exceed two units per acre. For the purposes of density
calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75
of a unit.
b.The employee housing shall be in conjunction with a permitted or special permitted use on the
property.
c.Units shall be restricted by covenant to be occupied by persons employed by a business
operating on the property.
3.Limited Stores, Restaurants and Shops; Child or Day Care Facilities; and Ancillary Employee
Services.
a.In the CI Compatible Industrial, MU Mixed Use and OE Office Employment overlays, a
maximum of 15 percent of the gross floor area in a building may be used for any or a
combination of the following special permitted uses when the standards in this section are met:
limited stores, restaurants and shops; child or day care facilities; and ancillary employee
services.
b.Limited Stores, Restaurants and Shops: In the MU Mixed Use overlay, the floor area shall be
limited to retail uses in conjunction with a permitted use.
c.Child or Day Care Facilities: Primary program activities are integrated into the interior of the
building.
d.Ancillary Employee Services: Developments may include ancillary employee services such as
cafeterias, fitness areas, or other supportive services generally intended to support the needs of
employees when the following standardsare met.
i. The use is integrated into the interior of the building.
ii.The ancillary employee services shall be in conjunction with a permitted or special
permitted use on the property.
4.Professional, Financial, Business and Medical Offices in CI Overlay.
Developments in the CI Compatible Industrial overlay may include ancillary office uses to support
the operations of a permitted use on-site provided the maximum floor area dedicated for office uses
shall not exceed 50 percent of the ground floor area.
5.Kennels.
a. Kennels shall be located at least 200 feet from the nearest residential dwelling.
bAll animals shall be boarded within a building at all times.
c. No noise or odor shall emanate outside the walls of the building used as a kennel.
d.A disposal management plan shall be provided demonstrating all animal waste will be disposed
of in a sanitary manner.
6.Manufacture, Assembly, Fabrication and Packaging in OE Overlay.
Developments in the OE Office Employment overlay may include ancillary manufacturing,
assembly, fabrication and packaging uses to support the operations of a permitted or special
permitted use on-site when the following standards are met.
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a. The maximum floor area dedicated to manufacturing, assembly, fabrication and packaging
shall be 50 percent of the ground floor area.
b.No outside space shall be used for the manufacturing, assembly, fabrication and packaging
processes.
7.Limited Manufacturing Affiliated with a Retail Use.
Manufacturing, assembly, fabricationor packaging contiguous to and associated with a retail space,
provided the maximum floor area dedicated to manufacturing occupies 1,000 sq. ft., or ten percent
(10%) of ground floor area, whichever is less.
8.Warehouse and Similar Storage Facilities.
a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and
MU overlays shall be 50 percent of the ground floor area.
b.Warehouse and storage facilities shall be provided only in conjunction with, and for the
exclusiveuse by, a permitted or special permitted use on the property.
c. Self-service mini-warehouses are prohibited.
d.No outside space shall be used for storage, unless approved as a limited outdoor storage area.
9.Limited Outdoor Storage.
Limited outdoor storage associated with a permitted or special permitted use when the following
standards are met.
a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU overlay;
and 2,500 sq. ft. in the CI overlay, or 50 percent of the ground floor area of the building housing
the associated permitted or special permitted use, whichever is greater.
b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so
the outdoor storage is the least visible from the street that is reasonable given the layout of the
site.
c. The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or
a masonry wall from five to eight feet in height.
d. The associated permitted use shall obtain a minimum of 50% of the employment density targets
for the Croman Mill District.
10. Public and Quasi-Public Utility Service Buildings.
a.Facilities and structures that are accessory to a public park in the OS overlay, including but not
limited to maintenance equipment storage, enclosed picnic facilities, and restrooms.
b.Public and Quasi-Public utility service building relating to receiving and transmitting antennas
and communication towers are subject to the applicable provisions of 18.72.180.
c.Public and Quasi-Public utility service building shall demonstrate:
i.The need for the facility, present or future; and how the facility fits into the utility's Master
Plan.
ii.The facility utilizes the minimum area required for the present and anticipated expansion.
iii.Compatibility of the facility with existing surrounding uses and uses allowed by the plan
designation.
11.Oregon Department of Transportation Maintenance Facility and Storage Yard.
For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on
property within the NC overlay the following shall apply.
a.Buildings may be enlarged or replaced subject to Basic Site Review Standards.
b.Are exempt from the Dimensional Regulations per 18.53.050 with the exception of minimum
side and rear yard setbacks abutting a residential district and maximum height.
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c.Are exempt from the requirements of Section VIII Croman Mill District Standards of the
Ashland Site Design and Use Standards.
(Ord 3034, added,08/17/2010)
SECTION 18.53.050Dimensional Regulations
The lot and building design requirements are established in each zoning district regulation in the
Dimensional Standards Table.
Croman Mill District
Dimensional StandardsNCMUOECIOS
Lot Size
minimum, square feet----------20,00040,000-----
Frontage
minimum, feet50-----100100-----
Lot Width
minimum, feet50-----100100-----
Yard Abutting a Street
minimum yard, feet2222/10-----
1
maximum yard abutting a street, feet10101010-----
1
Side Yard Abutting a Residential District
minimum, feet1010---------------
Rear Yard Abutting a Residential District
minimum per story, feet1010---------------
Landscaping Coverage
minimum percentage coverage15151510-----
Height
minimum number of stories22221/20
3
maximum height without bonus, stories/feet2.5/353/403/403/401/20
2
maximum height with bonus, stories/feet4/504/505/755/75-----
455
Solar Access
The solar access setback in Chapter 18.70 Solar Access
does not apply in the Croman Mill District.
Frontage Build Out on Active Edge Street
minimum, percent65656565-----
Floor Area Ratio (FAR)
3
minimum0.600.600.600.50-----
Residential Density
4
maximum units per acre without bonus3015---------------
maximum units per acre with bonus6030
1) Minimum yard in CI Overlay abutting an Active Edge Street is two feet, minimum yard in CI Overlay not abutting an Active Edge Street is ten
feet
2) Maximum yard requirements shall not apply to entry features such as alcoves, and to hardscape areas for pedestrian activities such as plazas or
outside eating areas.
3) Second story shall be a minimum of 20% of the gross floor area.
4) Solar energy systems and parapets may be erected up to five feet above the calculated building height, and no greater thanfive feet above the
height limited specified by the district.
5) In the Residential Buffer Zone, the maximum height with a bonus is 40 feet.
6) Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum Floor Area Ration (FAR).
7) Density of the development shall not exceed the density established by this standard. Density shall be computed by dividing the total number of
dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions shall not apply toward the total density.
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(Ord 3034, added, 08/17/2010)
SECTION 18.53.060Croman Mill District Open Space Overlay
All projects containing land identified on the Croman Mill District Land Use Overlays Map as open space
shall dedicate those areas as commonly-owned or public open space. It is recognized that the master
planning of the properties as part of the Croman Mill Site Redevelopment Plan imparted significant value to
the land, and the required dedication of those lands within the Croman Mill district for open space and
conservation purposes is proportional to the value bestowed upon the property through the change in zoning
designation.
(Ord 3034, added, 08/17/2010)
SECTION 18.53.070Applicability of Other Sections of the Land Use Ordinance
Development located within the Croman Mill (CM) zoning district shall be required to meet all other
applicable sections of the Land Use Ordinance, except as otherwise provided in this Chapter. (Ord 3034,
added, 08/17/10)
(Ord 3034, added, 08/17/2010)
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CHAPTER 18.54
HC HEALTH CARE SERVICES ZONE
SECTIONs:
18.54.010Purpose.
18.54.020Permitted Uses.
18.54.030Conditional Uses
18.54.040General Regulations.
18.54.050Other Regulations.
SECTION 18.54.010Purpose.
This district is designed to provide the type of environment suitable for the development of health related
services and residential uses, and related activities, while reducing the conflicts between uses through
appropriate design.
SECTION 18.54.020Permitted Uses.
The following uses and their accessory uses are permitted outright:
A.Residential uses, subject to the requirements of the R-2 zone.
B.Home occupations.
C.Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to,
nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational
therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional
counseling, health maintenance, and rehabilitation services.
D.Ambulance and paramedic service.
E.Medical laboratories.
F.Sales or rentals of durable medical goods.
G.Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes.
H.Any use, located on City owned property, that isspecifically allowed by the Ashland Community
Hospital Master Facility Plan adopted by the City of Ashland by ordinance.
SECTION 18.54.030Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with the Chapter
on Conditional Use Permits:
A.Limited personal service providers in the home, such as beauticians and masseurs.
B.Travelers' accommodations, subject to the requirements of the R-2 zone.
C.Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent
or adjuster, investment or management counselor or surveyor.
D.Any medically-related use, located on City-owned property, that is not specifically allowed by
the Ashland Community Hospital Master Facility Plan.
E.Wireless Communication Facilities authorized pursuant to Section 18.72.180.
(ORD 2951, amended, 07/01/2008)
SECTION 18.54.040General Regulations.
A.Minimum lot area: Minimum lot area shall be 5,000 square feet.
B.Minimum lot width: Minimum lot width shall be 50 feet.
C.Minimum lot depth: All lots shall have a minimum depth of 80 feet. No lot depth shall be more than
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two and one-half times its width.
D.Standard yard requirements: Front yard, 20 feet; side yards, six feet; rear yard, 10 feet, plus 10 feet
for each story in excess of one story. The side yard of a corner lot abutting a public street shall be 10
feet. In addition, the setbacks must comply with Section 18.70 of this title which provides for solar
access.
E.Special Yards -distances between buildings.
1.The distance between any principal building and accessory building shall be a minimum of 10 feet.
2.An inner court providing access to a double-row dwelling group shall be a minimum of 20 feet.
F.Maximum height: No structureshall be over 35 feet in height.
G.Maximum coverage: Maximum lot coverage shall be 65%.
SECTION 18.54.050Other Regulations.
Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2
zone shall apply.
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CHAPTER 18.56
OVERLAY ZONES
SECTIONs:
18.56.010Purpose
18.56.020Applicability of Other Sections of the Land Use Ordinance
18.56.030A Airport Overlay
18.56.040PP Pedestrian Place Overlay
18.56.050R Residential Overlay
SECTION 18.56.010Purpose
Overlay zones are intended to provide special regulations and standards that supplement the base zoning
district and standards.
(Ord 3052, added, 11/15/2011)
SECTION 18.56.020Applicability of Other Sections of the Land Use Ordinance
Development located within an overlay zone is required to meet all other applicable sections of the Land
Use Ordinance, except as otherwise provided in this Chapter.
(Ord 3052, added, 11/15/2011)
SECTION 18.56.030A Airport Overlay
A.Purpose. This overlay zone is intended to be applied to properties which lie within close proximity to
the Ashland Airport where aircraft are likely to be flying at relatively low elevations. Further, the zone
is intended to prevent the establishment of airspace obstructions in such areas through height
restrictions and other land use controls. Application of the overlay zone does not alter the requirements
of the parent zone except as specifically provided herein. The Airport Overlay applies to all property
where A is indicated on the Ashland ZoningMap.
B.A Airport Overlay.
1.Permitted uses shall not include residential uses unless approved under the procedure outlined for
conditional uses.
2.Maximum height of structures, trees or other airspace obstructions shall be twenty (20) feet.
3.All planning actions will require, as a condition or approval that the applicant sign an agreement
with the City agreeing that airport noise is likely to increase in the future and that they waive all
rights to complain about airport noise.
C.General Provisions.
1.The City may top any tree which is in excess of those maximum heights listed in Section 18.60.020,
or locate appropriate lights or markers on those trees as a warning to the operators of aircraft.
2.No use shall be made of land or water within any of this zone in such a manner as to create electrical
interference with navigational signals or radio communication between airport and aircraft, make it
difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of
pilots using the airport, impair visibility in the vicinity of the airport, or otherwise create a hazard
which may in any way endanger the landing, takeoff, or maneuvering of aircraft using the airport.
(Ord 3052, added, 11/15/2011)
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SECTION 18.56.040PPPedestrian Place Overlay
A. Purpose of Pedestrian Place Overlay. The Pedestrian Place Overlay is intended to direct and encourage
development of small walkable nodes that provide concentrations of gathering places, housing,
businesses and pedestrian amenities situated and designed in a way to encourage more walking,
bicycling and transit use.
B.Applicability.
1.Location. The Pedestrian Place Overlay applies to all property where PP is indicated on the
Ashland Zoning Map.
2.Planning Actions. The Pedestrian Place Overlay requirements apply to proposed development
located in the Pedestrian Place Overlay that requires a planning application approval, and involves
development of new structures or additions other than single-family dwellings and associated
accessory structures and uses.
3.Other Sections of the Land Use Ordinance. The provisions of the Pedestrian Place Overlay
supplement those of the applicable base zoning district and applicable Chapter 18 requirements.
Where the provisions of this Chapter conflict with comparable standards described in any other
ordinance or regulation, the provisions of the Pedestrian Place Overlay shall apply.
C.Pedestrian Place Concept Plans. Concept plans (i.e. site plan, development summary and building
illustrations) are for the purpose of providing an example of development that conforms to the
standards, and do not constitute independent approval criteria. Concept plans are attached to the end
of this chapter.
D.Residential Zoning Districts within Pedestrian Place Overlay.
1.Special Permitted Uses. In addition to the permitted uses in the base residential zoning district, the
following uses and their accessory uses are permitted outright subject to the requirements of this
section and the requirement of Chapter 18.72, Site Design and Use Standards.
a.Professional, financial, business and medical offices, and personal service establishments.
b.Stores, shops and offices supplying commodities or performing services.
c.Restaurants.
2.Limitations.
a.The maximum gross floor area occupied by a special permitted use shall be 2,500 square feet.
b.Special permitted uses shall be allowed in a building or in a group of buildings including a
mixture of businesses and housing. At least 50% of the total grossfloor area of a building or of
multiple buildings shall be designated for housing.
c.The development shall meet the minimum housing density requirements of the base zoning
district.
3.Development Standards.
a.A building shall be setback not more than five feet from a public sidewalk unless the area is
used for pedestrian activities such as plazas or outside eating areas, or for a required public
utility easement.
b.Developments shall have a minimum Floor Area Ratio (FAR) of .50. Plazas and pedestrian
areas shall count as floor area for the purposes of meeting the minimum FAR. Projects
including existing buildings or vacant parcels of a half an acre or greater in size shall achieve
the required minimum FAR, or provide a shadow plan (see graphic) thatdemonstrates how
development may be intensified over time to meet the required minimum FAR.
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4.Mixed-Use Buildings in Residential Zones. Mixed-use buildings in a residential base zoning
district require Site Review approval in accordance with Chapter 18.72, and are subject to the
requirements of Chapter 18.72 and the following Site Design and Use Standards.
a.Basic Site Review Standards for Commercial Development (section II-C-1)
b.Parking Lot Landscaping and Screening Standards (section D)
c.StreetTree Standards (section E)
d.Exception to the Site Design and Use Standards, 18.72.090
E.Development Standards. In addition to the requirements of the base zoning district, the following
standards shall apply.
1.Building Setbacks. The solar access setback in Chapter 18.70 Solar Access applies only to those
lots abutting a residential zone to the north.
2.Plazas and Landscaping Ratio. Outdoor seating areas, plazas and other useable paved surfaces may
be applied toward meeting the landscaping area requirements in Section18.72.110, but shall not
constitute more than 50% of the required area.
(Ord 3052, added, 11/15/2011)
SECTION 18.56.050R Residential Overlay
The Residential Overlay applies to all property where R is indicated on the Ashland Zoning Map. The
Residential Overlay requirements are as follows.
A. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if
there are multiple buildings shall be designated for permitted or special permitted uses, excluding
residential.
B.Residential densities shall not exceed 15 dwelling units per acre. For the purpose of density
calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a
unit.
C.Residential uses shall be subject to the same setback, landscaping, and design standards as for
permitted uses in the E-1 District.
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D.If the number of residential units exceeds 10, then at least 10% of the residential units shall be
affordable for moderate income persons in accord with the standards established by resolution of
the Ashland City Council through procedures contained in the resolution. The number of units
required to be affordable shall be rounded down to the nearest whole unit.
(Ord3052, added, 11/15/2011)
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CHAPTER 18.61
TREE PRESERVATION AND PROTECTION
SECTIONs:
18.61.010Purpose.
18.61.020Definitions
18.61.025Heritage Trees.
18.61.030Regulated Activities.
18.61.035Exempt Tree Removal Activities.
18.61.042Approval and Permit Required
18.61.050Submittal Requirements.
18.61.080Criteria for Issuance of Tree Removal Permit
18.61.084Mitigation Required
18.61.092Expiration of Tree Removal Permits
18.61.094Conditions of Approval for Tree Removal Permits.
18.61.125Evidence of Violation.
18.61.130Penalties.
18.61.200Tree Protection.
18.61.250Performance Security
SECTION 18.61.010Purpose.
The City of Ashland recognizes the importance of trees to the character and beauty of Ashland as well as the
role that trees have in advancing the public health, safety and welfare. The City has therefore determined
that reasonable regulation of the removal of certain trees is necessary and that this regulation of trees is
based upon the following general guidelines:
A.The City recognizes that trees can provide soil stability, noise buffering, and wind protection
benefits. The City of Ashland greatly values trees for their ecological importance, temperature
mitigation, enhanced wildlife habitat and aesthetics.
B.The City recognizes the special significance of heritage and distinctive trees, and values the
contribution, which such trees make to the beauty and quality of life of Ashland.
C.The City recognizes that because of the known benefits of trees, development property should be
protected from unregulated removal oftrees prior to the approval or' development plans. Trees on
such properties should be preserved so that they may be considered for incorporation into
development plans.
D.The City recognizes that residents in single family zones should have the freedom to determine the
nature of their private landscaped surroundings.
E.The City recognizes that city-owned property and properties located in multi-family residential
zones often have special landscaping circumstances, and that these special circumstances have the
potential to affect significantly larger numbers of persons if unregulated. Because of this, such
properties require reasonable regulation.
(Ord 2883, Added, 06/04/2002)
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SECTION 18.61.020Definitions
A.Arborist means a person licensed by the State of Oregon State Landscape Contractors Board or
Construction Contractors Board who is certified as an arboristfrom the International Society of
Arboriculture or American Society of Consulting Arborists.
B.Caliper Inchrefers to a manner of expressing the diameter inches of a tree as calculated by measuring
the tree's circumference and dividing by Pi (approximately 3.14159). Specially calibrated "diameter
tapes" or "calipers" are used to determine caliper inches.
C.Dead Treemeans a tree is lifeless.Such evidence of lifelessness may include unseasonable lack of
foliage, brittle dry branches, or lack of any growth during the growing season.
D.Diameter at breast height or DBHmeans the diameter of the trunk at its maximum cross section,
measured 54 inches (4 1/2 feet) above ground level at the base of the trunk. On sloped lands, the
measurement shall be taken on the uphill side of tree.
E.Driplinemeans an imaginary vertical line extending downward from the outermost tips of a tree's
branches to the ground.
F.Heritage Tree
means any tree listed on the official City of Ashland Heritage Tree list adopted by the
City Council.
G.Immediate danger of collapsemeans that the tree may already be leaning, with the; surrounding soil
heaving, and/or there is asignificant likelihood that the tree will topple or otherwise fail and cause
damage before a tree removal permit could be obtained through the non-. emergency process.
"Immediate danger of collapse" does not include hazardous conditions that can be alleviated by pruning
or treatment.
H.Person
means any individual or legal entity.
I.Removalmeans to cut down a tree, or remove 50% or more of the crown, trunk, or root system of a tree;
or to damage a tree so as to cause the tree to decline and/or die. "Removal" includes topping. "Removal"
includes but is not limited to damage inflicted upon a root system by application of toxic substances,
operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved
excavation or filling, or unapproved alteration of natural physical conditions. "Removal" does not
include normal trimming or pruning of trees.
J.Significant Tree
means a "tree" having a trunk 18 caliper inches or larger in diameter at breast height
(DBH).
K.Staff Advisormeans the Planning Director or the Planning Director's designee.
L.Toppingmeans the severe cutting back of a tree's limbs to stubs 3 inches or larger in diameter within the
tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. Topping does
not include the practice of "pollarding" when conducted in accordance with the standards established
by the International Society of Arboriculture.
M.Treemeans any woody plant having a trunk six caliper inches or larger in diameter at breast height
(DBH). If a tree splits into multiple trunks above ground, but below 4.5 feet, the trunk is measured at its
most narrow point beneath the split, and is considered one tree if greater than six inches DBH. Plants
commonly planted as shrubs, including but not limited to English laurel, photinia, arborvitae, poison
oak, English holly, and English ivy shall not be considered a "tree". Trees specifically planted and
maintained as a hedge shall also not be considered a "tree".
N.Tree Account
meansan account established by resolution of the Council for the receipt of funds to be
utilized for future tree purposes, as outlined in the resolution.
O.Tree Removal Permitmeans written authorization from the City for a tree removal to proceed as
described in an application, such authorization having been given in accordance with this chapter.
P.Tree Protection Zonemeans the area reserved around a tree or group of trees in which no grading,
access, stockpiling or other construction activity shall occur as determined by the Staff Advisor based
on review of the tree and site conditions.
(ORD 2951, amended, 07/01/2008; Ord 2883, Added, 06/04/2002)
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SECTION 18.61.025Heritage Trees.
A.The City of Ashland recognizes that specific trees in Ashland are deserving of special status due to
distinctive form, size, age, location, species, unique qualities, or historical significance.
B.Any person may nominate, with the written consent of the property owner, a mature tree for
consideration as a Heritage Tree. This nomination shall include all information necessary for evaluation
based on the items described in section A above. The Tree Commission shall review all nominations
and shall make a written final recommendation to the City Council. The City Council shall review the
recommendation and make the final determination for Heritage Tree status.
C.Should the Council approve the nomination, the tree shall be included on the Heritage Tree list adopted
by resolution of the City Council. The property owner shall be notified of the Council's action.
D.Once designated, a Heritage Tree shall be subject to the applicable provisions of this ordinance.
E. A Heritage Tree may be removed from the list by the City Council upon its own motion, or a Heritage
Tree shall be removed from the list upon written request by the property owner. A request by the owner
must state the reasons for removal from the list and be filed with the city recorder. The city recorder
shall then remove the Heritage Tree from the list and cause to be filed with the county recording office
a quitclaim deed quitclaiming any interest of the city resulting from the listing. (Ord 2915 S1 2005)
(Ord 2915, amended, 01/04/2005; Ord 2883, Added, 06/04/2002)
SECTION 18.61.030Regulated Activities.
A.Alltree removal and tree topping activities, unless exempted below, shall be carried out in accordance
with the requirements of this chapter.
B.No person who is required to install or maintain tree protection measures pursuant this chapter shall do
any development activities including, but not limited to clearing, grading, excavation or demolition
work on a property or site which requires a planning action without approved tree protection measures
properly installed and maintained pursuant to this Chapter.
(Ord 2883, Added, 06/04/2002)
SECTION 18.61.035Exempt Tree Removal Activities.
The following activities are exempt from the requirement for tree removal permits:
A.Those activities associated with the establishment or alteration of any public park under the Ashland
Parks and Recreation Commission. However, the Ashland Parks and Recreation Department shall
provide an annual plan in January to the Tree Commission outlining proposed tree removal and topping
activities, and reporting on tree removal andtopping activities that were carried out in the previous
year.
B.Removal of trees in single family residential zones on lots occupied only by a single family detached
dwelling and associated accessory structures, except as otherwise regulated by the Physical and
Environmental Constraints ordinance (18.62.
C.Removal of trees in multi-family residential zones on lots occupied only by a single family detached
dwelling and associated accessory structures, except as otherwise regulated by the Physical and
Environmental Constraints ordinance (18.62).
D.Removal of trees less than 6" DBH in any zone, excluding those trees located within the public right of
way or required as conditions of approval with landscape improvements for planning actions.
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E.Removal of trees less than 18" DBH on any public school lands, Southern Oregon University, and other
public land, excluding Heritage trees.
F.Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, for the
purposes of wildfire fuel management, and in accord with the requirements of the Physical and
Environmental Constraints Chapter-18.62.
G.Removal of dead trees.
H.Those activities associated with tree trimming for safety reasons, as mandated by the Oregon Public
Utilities Commission, by the City's Electric and Telecommunication Utility. However, the Utility shall
provide an annual plan to the Tree Commission outlining tree trimming activities and reporting on tree
trimming activities that were carried out in the previous year. Tree trimming shall be done, at a
minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will be done in conformance
and to comply with OPUC regulations.
I.Removal of street trees within the public right-of-way subject to street tree removal permits in AMC
13.16.
(ORD 2951, amended, 07/01/2008; 2883, Added, 06/04/2002)
SECTION 18.61.042Approval and Permit Required
A person who desires to remove a tree, not otherwise exempted in 18.61.035, shall first apply for and
receive one of the following tree removal permits before tree removal occurs:
A.TREE REMOVAL -EMERGENCY PERMIT:
1.If the condition of a tree presents an immediate danger of collapse, as defined in 18.61.020, and
represents a clear and present hazard to persons or property, an emergency tree removal permit
may be issued and the payment of a fee may be waived.
2.Emergency tree removal permits are approved by the Staff Advisor. The Staff Advisor may
require the applicant to hire an arborist to review the evidence to ascertain whether the tree
presented an immediate danger of collapse.
B.TREE REMOVAL -VERIFICATION PERMIT:
1.If a site has received development approval through a planning action consistent with the
standards of this chapter, then a Verification Permit shall be required for those trees approved
for removal through that process. To obtain a verification permit, an applicant must clearly
identify on the property the trees to be removed by tying pink tagging tape around each tree and
submitting a site plan indicating the location of the requested trees. Vegetation 4" to 6" DBH
that is to be removed shall also be marked with pink tagging tape. The Staff Advisor may
require the building footprint of the development to be staked to allow for accurate verification
of the permit application. The Staff Advisor will then verify that the requested trees match the
site plan approved with the planning action. The City shall require the applicant to mitigate for
the removal of each tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a
condition of approval of the original development permit.
2.Verification permits shall be required prior to the issuance of an excavation permit or building
permit and prior to any site disturbance and/or storage of materials on the subject property.
C.TOPPING PERMIT: Topping is an injurious pruning practice which may lead to stress, disease,
and decay in trees. It should be avoided whenever an alternative exists.
1.A topping permit may be issued only if the following apply:
a.Autility, public agency, or other person who routinely tops trees in furtherance of public
safety, may apply for a topping permit pursuant to this section based upon an arborist's
report establishing a methodology for topping in compliance with this subsection.
b.Trees under utility wires may be topped only where other pruning techniques are
impractical.
c.When authorized as part of a Tree Removal-Staff Permit.
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2.The City, in granting approval for tree removal in an open space or undeveloped area, may
allow a tree to be topped to a designated height in order to maintain a "snag" for wildlife
habitat.
D.TREE REMOVAL -PERMIT:
1.Tree Removal-Permits are required for the following activities:
a.Removal of trees greater than 6" DBH on any private lands zoned C-l, E-l, M-l, CM, or
HC.
b.Removal of trees greater than 6" DBH on multi-family residentially zoned lots (R-2, R-3,
and R-1-3.5) not occupied solely by a single family detached dwelling.
c.Removal of significant trees on vacant property zoned for residential purposes including
but not limited to R-1, RR, WR, and NM zones.
d.Removal of significant trees on lands zoned SOU, on lands under the control of the
Ashland School District, or on lands under the control of the City of Ashland.
2. Applications for Tree Removal -Permits shall be reviewed and approved by the Staff Advisor
pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.040 (Type Procedure). If the tree
removal is part of another planning action involving development activities, the tree removal
application, if timely filed, shall be processed concurrently with the other planning action.
(Ord 3036, amended, 08/17/2010; ORD 2951, amended, 07/01/2008; Ord 2915, amended, 01/04/2005; Ord 2883, Added,
06/04/2002)
SECTION 18.61.050Submittal Requirements.
A.An application for all Tree Removal and Tree Topping Permits shall include:
a.Plans drawn to scale containing the number, size, species and location of the trees proposed to be
removed or topped on a site plan of the property.
b.The anticipated date of removal or topping.
c.A statement of the reason for removal or topping.
d.Information concerning proposed landscaping or planting of new trees to replace the trees to be
removed, and
e.Evidence that the trees proposed for removal or topping have been clearly identified on the property
for visual inspection.
f.A Tree Protection Plan that includes trees located on the subject site that are not proposed for
removal, and any off-site trees where drip lines extend into proposed landscaped areas on the
subject site. Such plans shall conform to the protection requirements under Section 18.61.200.
g.Any other information reasonably required by the City.
B.The applicant shall have the burden of proving that the application complies with the criteria for
approval of the applicable class of permit. If the application is for a Tree Removal-Staff Permit, the
applicant shall submit specific written findings and evidence addressing the criteria in section
18.61.080 for issuance of a Tree Removal-Staff Permit.
C.Misrepresentation of any fact necessary for the City's determination for granting a tree removal permit
shall invalidate the permit. The City may at any time, including after a removal has occurred,
independently verify facts related to a tree removal request and, if found to be false or misleading, may
invalidate the permit and process the removal as a violation. Such misrepresentation may relate to
matters including, without limitation, tree size, location, health or hazard condition, justification for
issuance of permit, or owner's authorized signature.
(ORD 2951, amended, 07/01/2008; Ord 2883, Added, 06/04/2002)
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SECTION 18.61.080Criteria for Issuance of Tree Removal Permit
Anapplicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff
Advisor may require an arborist's report to substantiate the criteria for a permit.
A.Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant
demonstrates that a tree is a hazard and warrants removal.
1.A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to
fall and injure persons or property. A hazard tree may also include a tree that is located within
public rights of way and is causing damage to existing public or private facilities or services
and such facilities or services cannot be relocated or the damage alleviated. The applicant must
demonstrate thatthe condition or location of the tree presents a clear public safety hazard or a
foreseeable danger of property damage to an existing structure and such hazard or danger
cannot reasonably be alleviated by treatment or pruning.
2.The City may require theapplicant to mitigate for the removal of each hazard tree pursuant to
AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit.
B.Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if
the applicant demonstrates all of the following:
1.The tree is proposed for removal in order to permit the application to be consistent with other
applicable Ashland Land Use Ordinance requirements and standards, including but not limited
to applicable Site Design and Use Standards and Physical and Environmental Constraints. The
Staff Advisor may require the building footprint of the development to be staked to allow for
accurate verification of the permit application; and
2.Removal of the tree will not have a significant negative impact on erosion, soil stability, flow
of surface waters, protection of adjacent trees, or existing windbreaks; and
3.Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subject property.
The City shall grant an exception to this criterion when alternatives to the tree removal have
been considered and no reasonable alternative exists to allow the property to be used as
permitted in the zone. Nothing in this section shall require that the residential density be
reduced below the permitted density allowed by the zone. In making this determination, the
City may consider alternative site plans or placement of structures or alternate landscaping
designs that would lessen the impact on trees, so long as the alternatives continue to comply
with other provisions of the Ashland Land Use Ordinance.
4.The City shall require the applicant to mitigate for the removal of each tree granted approval
pursuant to AMC 18.61.084. Such mitigation requirements shall be.a condition of approval of
the permit.
(ORD 2951, amended, 07/01/2008; Ord 2883, Added, 06/04/2002)
SECTION 18.61.084Mitigation Required
An applicant shall be required to provide mitigation for any tree approved for removal. The mitigation
requirement shall be satisfied by one or more of the following:
A.Replanting on site. The applicant shall plant either a minimum 1 ½-inch caliper healthy and
well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree removed. The replanted
tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate
for the new location. Larger trees may be required where the mitigation is intended, in part, to
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replace a visual screen between land uses. “Suitable” species means the tree’ s growth habits and
environmental requirements are conducive to the site, given the existing topography, soils, other
vegetation, exposure to wind and sun, nearby structures, overhead wires, etc. The tree shall be
planted and maintained according to the specifications in the City Tree Planting and Maintenance
Guidelines as approved by the City Council.
B.Replanting off site. If in the City's determination there is insufficient available space on the subject
property, the replanting required in subsection A shall occur on other property in the applicant's
ownership or control within the City, in an open space tract that is part of the same subdivision, or
in a City owned or dedicated open space or park. Such mitigation planting is subject to the approval
of the authorized property owners. If planting on City owned or dedicated property, the City may
specify the species and size of the tree. Nothing in this section shall be construed as an obligation of
the City to allow trees to be planted on City owned or dedicated property.
C.Payment in lieu of planting. If in the City's determination no feasible alternative exists to plant the
required mitigation, the applicant shall pay into the tree account an amount as established by
resolution of the City Council.
D.An approved mitigation plan shall be fully implemented within one year of a tree being removed
unless otherwise set forth in a tree removal application and approved in the tree removal permit.
(ORD 2951, amended, 07/01/2008; Ord 2883, Added, 06/04/2002)
SECTION 18.61.092Expiration of Tree Removal Permits
Tree removal permits shall remain valid for a period of one year from the date of issuance or date offinal
decision by a hearing body, if applicable. A 30 day extension shall be automatically granted by the Staff
Advisor if requested in writing before the expiration of the permit. Permits that have lapsed are void. Trees
removed after a tree removal permit has expired shall be considered a violation of this Chapter.
(ORD 2951, amended, 07/01/2008; Ord 2883, Added, 06/04/2002)
SECTION 18.61.094Conditions of Approval for Tree Removal Permits.
A.The City may impose conditions of approval on any Tree Removal Permit if the condition is reasonably
related to preventing, eliminating or mitigating a negative impact or potential negative impact on
natural features or processes or on the built environment of the neighborhood which is as created or
contributed to by the approved tree removal.
B.Conditions of approval may include, but are not limited to:
1.Requiring modifications in the location, design or intensity of a development or activities on a site
or to require or prohibit certain construction methods. Modifications may result in a decrease in
size of residential or commercial structures, bm modifications shall not reduce the density of
residential development below the permitted density allowed by the zone;
2.Requiring vegetation not requiring a tree removal permit to remain in place or be planted.
3.Requiring the removal of injurious or noxious vegetation (such as English Ivy) from other trees on
the property.
(Ord 2883, Added, 06/04/2002)
SECTION 18.61.125Evidence of Violation.
A.If a tree isremoved without a Tree Removal Permit, a violation shall be determined by measuring the
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stump. A stump that is 8 caliper inches or more in diameter shall be considered initial evidence of a
violation of this chapter.
B.Removal of the stump of a tree removed without a tree removal permit prior to the determination
provided in subsection A of this section is a violation of this chapter.
C.Proof of violation of this chapter shall be deemed prima facie evidence that such violation is that of the
owner of the property upon which the violation was committed. Prosecution of or failure to prosecute
the owner shall not be deemed to relieve any other responsible person.
D.Tree removal or topping caused by natural weather conditions shall not be deemed a violation of this
chapter and shall be exempt from all penalties set forth in AMC 18.61.130.
(Ord 2883, Added, 06/04/2002)
SECTION 18.61.130Penalties.
A.Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition of
a permit issued under this chapter shall be an infraction as defined by AMC 1.08.020. and punishable
by a fine as set forth in that section. The removal of a tree in violation of this chapter, in violation of a
permit or any condition of a permit issued under this chapter shall be a separate offense for each tree.
Failure to comply with the provisions of this chapter or a permit or any condition of a permit issued
under this chapter shall be a separate offense each day the failure to comply continues.
B.Enforcement Fee. In addition to any fine, the court may impose an enforcement fee as restitution for the
enforcement costs incurred by the City. This fee may be imposed upon any person who violates any
provision of this chapter or who violates any permit or condition of any issued under this chapter. The
fee shall be in an amount established by resolution of the city council.
C.Restoration fee. In addition to any fine and enforcement fee, the court may impose a restoration fee as
restitution to the city for restoring the tree. This fee may be imposed upon any person who violates any
provision of this chapter or who violates any permit or condition of any permit.
1.The fee shall be paid into the City's Tree Account and shall be a standard fee per caliper inch for the
total number of caliper inches of the tree damaged or removed in violation of this chapter. The
standard fee shall be in an amount as established by resolution of the City Council.
2.The court may require the person to pay into the City's Tree Account an increased fee per caliper
inch or pay for the value of the tree, whichever is greater, if any of the following apply:
a.The person has committed a previous violation of a provision of this chapter, or
b.Tree protection measures as required by this chapter were not installed or maintained, or
c.The tree removed or damaged was
(1) 18 caliper inches in diameter or greater;
(2) a designated Heritage Tree;
(3) expressly protected or required to be preserved as a condition of approval of a development
permit pursuant to the Ashland Zoning or Development Codes or Standards; or
(4) located on public right of way, City owned or dedicated property, a public or private open
space area or conservation easement.
3.The value of a tree under this section shall be determined by an Arborist irt accordance with the
methods set forth in the "Guide for Plant Appraisal" an official publication of the International
Society of Arboriculture.
D.Injunction. Upon request of the Staff Advisor, the City Attorney may,or upon order of the City
Council, the City Attorney shall institute appropriate action in any court to enjoin any violation of this
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chapter or any violation of a permit or condition of a permit issued under this chapter..
E.Arborist Report and RequiredTreatment. Upon request by the City, a person who violates any
provision of this chapter shall submit a report prepared by an arborist to evaluate the damage to a tree
and/or make recommendations to remedy the violation. The City upon evaluating these
recommendations, may, at the City's discretion, require that the recommended measures be
implemented.
F.Cumulative Remedies. The rights, remedies, and penalties provided in this chapter are cumulative, are
not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the
City under any other provision of law.
(Ord 2883, Added, 06/04/2002)
SECTION 18.61.200Tree Protection.
Tree Protection as required by this section is applicable to any planning action or building permit.
A.Tree Protection Plan Required.
1.A Tree Protection Plan approved by the Staff Advisor shall be required prior to conducting any
development activities including, but not limited to clearing, grading, excavation, or
demolition work on a property or site, which requires a planning action or building permit.
2.In order to obtain approval of a Tree Protection Plan; an applicant shall submit a plan to the
City, which clearly depicts all trees to be preserved and/or removed on the site. The plan must
be drawn to scale and include the following:
a.Location, species, and diameter of each tree on site and within 15 feet of the site;
b.Location of the drip line of each tree;
c.Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and
other utility lines/facilities and easements;
d.Location of dry wells, drain lines and soakage trenches;
e.Location of proposed and existing structures;
f.Grade change or cut and fill during or after construction;
g.Existing and proposed impervious surfaces;
h.Identification of a contact person and/or arborist who will be responsible for implementing
and maintaining the approved tree protection plan; and
i.Location and type of tree protection measures to be installed per AMC 18.61.230.
3.For development requiring a planning action, the Tree Preservation Plan shall include an
inventory of all trees on site, their health or hazard condition, and recommendations for
treatment for each tree.
B.Tree Protection Measures Required.
1.Except as otherwise determined by the Staff Advisor, all required tree protection measures set
forth in this section shall be instituted prior to any development activities, including, but not
limited to clearing, grading, excavation or demolition work, and shall be removed only after
completion of all construction activity, including landscaping and irrigation installation.
2.Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten feet
apart, shall be installed at the edge of the tree protection zone or dripline, whichever is greater,
and at the boundary of any open space tracts, riparian areas, or conservation easements that
abut the parcel being developed.
3.The fencing shall be flush with the initial undisturbed grade.
4.Approved signs shall be attached to the chain link fencing stating that inside the fencing is a
tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff
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Advisor for the project.
5.No construction activity shall occur within the tree protection zone, including, but not limited
to dumping or storage of materials such as building supplies, soil, waste items, equipment, or
parked vehicles.
6.The tree protection zone shall remain free of chemically injurious materials and liquids such as
paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess,
construction debris, or m-off.
7.No excavation, trenching, grading, root pruning or other activity shall occur within the tree
protection zone unless approved by the Staff Advisor.
C.Inspection. The applicant shall not proceed with any construction activity, except installation of
erosion control measures, until the City has inspected and approved the installation of the required
tree protection measures and a building and/or grading permit has been issued by the City.
(Ord 2883, Added, 06/04/2002)
SECTION 18.61.250Performance Security
The City may require the permittee to post with the City a bond, or other suitable collateral as determined
by the city administrator, ensuring the satisfactory completion and maintenance of the tree protection plan.
Suitable collateral may be in the form of letters of credit, certificates of deposit, cash bond, or bonds issued
by an insurance company legally doing business in the State of Oregon.”
(Ord 2883, Added, 06/04/2002)
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CHAPTER 18.62
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
SECTIONs:
18.62.010Purpose and Intent.
18.62.020Where Regulations Apply
18.62.030Definitions
18.62.040Approval and Permit Required
18.62.050Land Classifications
18.62.060Official Maps.
18.62.070Development Standards for Flood plain Corridor Lands
18.62.080Development Standards for Hillside Lands.
18.62.090Development Standards for Wildfire Lands.
18.62.100Development Standards for Severe Constraint Lands.
18.62.110Density Transfer.
18.62.130Penalties.
SECTION 18.62.010Purpose and Intent.
The purpose of this Chapter is to provide for safe, orderly and beneficial development of districts
characterized by diversity of physiographic conditions and significant natural features; to limit alteration of
topography and reduce encroachment upon, or alteration of, any natural environment and; to provide for
sensitive development in areas that are constrained by various natural features. Physiographic conditions
and significant natural features can be considered to include, but are not limited to: slope of the land, natural
drainage ways, wetlands, soil characteristics, potential landslide areas, natural and wildlife habitats,
forested areas, significant trees, and significant natural vegetation.
(Ord 2808, Added, 12/02/1997)
SECTION 18.62.020Where Regulations Apply
The type of regulation applicable to the land depends upon the classification in which the land is placed, as
provided in Section 18.62.050. Where this Chapter and any other ordinance, easement, covenant or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. It is likely
that there will be some overlap between the regulations in this Chapter and those in Chapter 18.63 Water
Resources. Where two (2) regulations are in conflict, the most stringent shall govern.
(ORD 2998, amended, 12/15/2009; Ord 2808, Added, 12/02/1997)
SECTION 18.62.030Definitions
The following terms are hereby defined as they apply to this Chapter:
A.Architect -An architect licensed by the State of Oregon.
B.Average slope -average slope for a parcel of land or for an entire project, for the purposes of
determining the area to remain in a natural state shall be calculated before grading using the following
formula:
S = .00229(1)(L)
A
where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the
contour interval in feet; "L" is the summation of length of the contour lines in scale feet; and "A" is the
area of the parcel or project in acres.
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C.Base Flood; means the flood having a one percent chance of being equaled or exceeded in any giving
year.
D.Base Flood Elevation (BFE); means the water surface elevation during the base flood in relation to a
specified datum. The Base Flood Elevation (BFE) is depicted on the FIRM to the nearest foot and in the
FIS to the nearest 0.1 foot.
E.Building Code: Means the combined specialty codes adopted under ORS 446.062, 446.185, 447.020
(2), 455.020 (2), 455.610, 455.680, 460.085, 460.360, 479.730 (1) or 480.545, but not include
regulationsadopted by the State Fire Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200
and 479.210 to 479.220.
F.Buildable area -That portion of an existing or proposed lot that is free of building restrictions. For the
purpose of this ordinance, a buildable area cannot contain any setback areas, easements, and similar
building restrictions, and cannot contain any land that is identified as Flood plain Corridor Lands, or
any land that is greater than 35% slope.
G.Cohesive Soils -Residual or transported soils, usually originating from parent rock which contains
significant quantities of minerals which weather to clay. Cohesive soils have a Plasticity Index often or
more, based on laboratory testing according to AASHTO methods, or a site-specific scientific analysis
of a particular soil material.
H.Development -Alteration of the land surface by:
1.Earth-moving activities such as grading, filling, stripping, or cutting involving more than 20 cubic
yards on any lot, or earth-moving activity disturbinga surface area greater than 1000 sq. ft. on any
lot;
2.Construction of a building, road, driveway, parking area, or other structure; except that additions to
existing buildings of less than 300 sq. ft. to the existing building footprint shall not be considered
development for section 18.62.080.
3.Culverting or diversion of any stream designated by this chapter.
I.Designer -a person not registered as an architect or engineer, approved to plan and design single family
homes and other buildings defined as exempt by the building code.
J.Engineer -A registered professional engineer licensed by the State of Oregon.
K.Engineering Geologist -A registered professional engineering geologist licensed by the State of
Oregon.
L.Flood or f1ooding: means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1) the overflow of inland or tidal waters: or
2) the unusual and rapid accumulation or runoff of surface waters from any source.
M.Flood Insurance Rate Map(FIRM): means an official map of a community issued by the Federal
Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones
applicable to the community.
N. Flood Insurance Study (FIS): means the official report bythe Federal Insurance Administration
evaluating flood hazards and containing flood profiles, floodway boundaries and water surface
elevations of the base flood.
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O. Floodway Channel -The channel of a river or other watercourse and the adjacent land areasthat must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one (I) foot.
P.Geotechnical Expert -An engineering geologist or an engineer with demonstrable expertise in geologic
hazards evaluation and geotechnical engineering.
Q.Gully -A drainage incision, commonly caused by erosion, which does not experience regular or
seasonal stream flow, but does act as a channel for runoff during periods of high rainfall.
R.Landscape Professional -arborist certified by the International Society of Arboriculture, landscape
architect licensed by the State of Oregon, or other expert with demonstrable expertise in tree and
erosion control vegetation maintenance, and erosion control vegetation methods.
S.Natural Grade -the elevation of the ground level in its natural state, before construction, filling, or
excavation. (see graphic)
T.Natural State -All land and water that remains undeveloped and undisturbed. This means that grading,
excavating, filling and/or the construction of roadways, driveways, parking areas, and structures are
prohibited. Incidental minor grading for hiking trails, bicycle paths, picnic areas and planting and
landscaping which is in addition to and enhances the natural environment is permitted. Incidental brush
removal for lot maintenance and ecosystem health is permitted. Further, vegetation removal for the
purposes of wildfire control in conjunction with an approved fire prevention and control plan shall also
be permitted.
U.Non-cohesive Soils -Residual or transported soils containing no or very little clay, usually from
crystalline granitic parent rock. Non-cohesive soils have a Plasticity Index of less than ten, based on
laboratory testing according to AASHTO methods, or a published scientific analysis of a particular soil
type.
V.Professional Arborist -arborist certified by the International Society of Arboriculture and licensed by
the State of Oregon State Landscape Contractors Board or Construction Contractors Board, or
landscape architect licensed by the State of Oregon.
W.Riparian -That area associated with a natural water course including its wildlife and vegetation.
X.Slope -The deviation of a surface from the horizontal, usually expressed in percent. (see graphic)
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DEGREE OF SLOPE = ARC TANGENT OF V/H
Y.Stripping -Any activity which significantly disturbs vegetated or otherwise stabilized soil surface,
including clearing and grubbing operations.
Z.Tree Removal-the following activities are defined as tree removal:
1.The removal of three or more living trees of over six inches diameter at breast height (d.b.h.), or the
removal of five percent of the total number of living (or dead trees) over six inches d.b.h.,
whichever is greater, on any lot within five year period, or anyform of commercial logging;
2.The removal of one or more living conifers greater than two feet d.b.h., or living broadleaf trees
greater than one foot d.b.h.;
AA.Wildfire -Fire caused by combustion of native vegetation, commonly referred to as forest fire or
brush fire.
(Ord 3045, amended, 03/15/2011; Ord 2808, Added, 12/02/1997)
SECTION 18.62.040Approval and Permit Required
A Physical Constraints Review Permit is required for the following activities:
A.Development, as defined in 19.62.030 (H), inareas identified as Flood plain Corridor Land,
Hillside Land, or Severe Constraints Land. In addition all activities located within an area of special
flood hazard are subject to the provisions for a Development Permit under 15:10 Flood Damage
and Prevention Regulations.
B.Tree removal, as defined in 18.62.030 (Z) in areas identified as Flood plain Corridor Land.
C. Commercial logging, in areas identified as Flood plain Corridor Land, Hillside Land, or Severe
Constraint Land.
D. Tree removal, in areas identified as Hillside Land and Severe Constraint land, except that a permit need
not be obtained for tree removal that is not associated with development, and done for the purposes of
wildfire management and carried out in accord with a Fire Prevention and Control Plan approved by the
Fire Chief.
E. If a development is part of a Site Review, Performance Standards Development, Conditional Use Permit,
Subdivision, Partition, or other Planning Action, then the Review shall be conducted simultaneously with
thePlanning Action.
F. If a development is exclusive of any other Planning Action, as noted in Subsection B, then the Physical
Constraints Review shall be processed as a Staff permit.
G. Where it appears that the proposal is part of a more extensive development that would require a master
site plan, or other planning action, the Staff Advisor shall require that all necessary applications be filed
simultaneously.
H. Plans Required. The following plans shall be required for any development requiring a Physical
Constraints Review:
1. The plans shall contain the following:
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a. Project name
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale that
fits on 22" x 34" paper. Multiple plans or layers shallbe prepared at the same scale, excluding detail
drawings. The Staff Advisor may authorize different scales and plan sheet sizes for projects,
provided the plans provide sufficient information to clearly identify and evaluate the application
request.
d. North arrow.
e. Date.
f. Street names and locations of all existing and proposed streets within or on the boundary of the
proposed development.
g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences and structures within the
proposed development. Indicate which buildings are to remain and which are to be removed.
i. Location and size of all public utilities affected by the proposed development.
j. Location of drainage ways or public utility easements in and adjacent to the proposed
development. Location of all other easements.
k. Topographic map of the site at a contour interval of not less than two feet nor greater than five
feet. The topographic map shall also include a slope analysis, indicating buildable areas, as shown
in the graphic.
l. Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation.
m. Accurate locations of all existing natural features including, but not limited to, all tree as
required in 18.62.080.D.1, including those of a caliper equal to or greater than six inches d.b.h.,
native shrub masses with a diameter of ten feet or greater, natural drainage, swales, wetlands,
ponds, springs, or creeks on the site, and outcropping of rocks, boulders, etc. Natural features on
adjacent properties potentially impacted by the proposed development shall also be included, such
as trees with drip-lines extending across property lines. in forested areas, it is necessary to identify
only those trees which will be affected r removed by the proposed development. Indicate any
contemplated modifications to a natural feature.
n. The proposed method of erosion control, water runoff control, and tree protection for the
development as required by this Chapter.
o.Building envelopes for all existing and proposed new parcels that contain only buildable area, as
defined by this Chapter.
p. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts fills, driveways, building sites, and other
construction areas. Indicate total area of disturbance, total percentage of project site proposed for
disturbance, and maximum depths and heights of cuts and fill.
r. Location for storage or disposal of all excess materials resulting from cuts associated with the
proposed development.
s. Applicant name, firm preparing plans, person responsible for plan preparation, and plan
preparation dates shall be indicated on all plans.
t. Proposed timeline for development based on estimated date of approval, including completion
dates for specific tasks.
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2. Additional plans and studies as required in Sections 18.62.070, 18.62.080, 18.62.090 and
18.62.100 of this Chapter.
I. Criteria for approval. A Physical Constraints Review Permit shall be issued by the Staff Advisor when the
Applicant demonstrates the following:
1. Through the application of the development standards of this chapter, the potential impacts to the
property and nearby areas have been considered, and adverse impacts have been minimized.
2. That the applicant has considered the potential hazards that the development may create and
implemented measures to mitigate the potential hazards caused by the development.
3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment.
Irreversible actions shall be consider more seriously than reversible actions. The Staff Advisor or
Planning Commission shall consider the existing development of the surrounding area, and the
maximum permitted development permitted by the Land Use Ordinance.
(Ord 3045, amended, 03/15/2011; ORD 2998, amended, 12/15/2009; ORD 2951, amended, 07/01/2008; Ord. 2834, Amended,
11/03/1998, Section 18.62.040 J "deleted"; Ord 2808, Added, 12/02/1997)
SECTION 18.62.050LandClassifications
The following factors shall be used to determine the classifications of various lands and their constraints to
building and development on them:
A.Flood plain Corridor Lands -Lands with potential stream flow and flood hazard. The following
lands are classified as Flood plain Corridor lands:
1.All land contained within the 100 year Flood plain as defined by the Federal Insurance
Administration and identified in the Flood Insurance Map (FIRM) adopted by the Council as
provided for in Chapter 15.10 of the Ashland Municipal Code.
2.All land within the area defined as Flood plain Corridor land in maps adopted by the Council as
provided for in section 18.62.060.
3.All lands which have physical or historical evidence of flooding in the historical past:
4.All areas within 20 feet (horizontal distance) of any stream identified as a Riparian
Preservation Creek on the Physical and Environmental Constraints Floodplain Corridor Lands
maps adopted pursuant to section 18.62.060
5.All areas within ten feet (horizontal distance) of any stream identified as a Land Drainage
Corridor on the Physical and Environmental Constraints Floodplain Corridor Lands maps
adopted pursuant to section 18.62.060.
B. Hillside Lands -Hillside Lands are lands which are subject to damage from erosion and slope failure,
and include areas which are highly visible from other portions of the city. The following lands are
classified as Hillside Lands:
1. All areas defined as Hillside Lands on the Physical Constraints Overlay map and which have a
slope of 25 % or greater.
C. Wildfire Lands -Lands with potential of wildfire. The following lands are classified as Wildfire
Lands:
1. All areas defined as wildfire lands on the Physical Constraints Overlay map.
D. Severe Constraint Lands -Lands with severe development characteristics which generally limit
normal development. The following lands are classified as Severe Constraint Lands:
1. All areas which are within the floodway channels, as defined in Chapter 15.10.
2. All lands with a slope greater than 35 %.
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E. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of
land falls under two or more classifications, it shall be subject to the regulations of each classification.
Those restrictions applied shall pertain only to those portions of the land being developed and not
necessarily to the whole parcel.
(Ord 2808, Added, 12/02/1997; ORD 2951, 2008; Ord 2998, 2009)
(Ord 3045, amended, 03/15/2011; ORD 2998, amended, 12/15/2009; ORD 2951, amended, 07/01/2008; Ord 2808, Added,
12/02/1997)
SECTION 18.62.060Official Maps.
A.The City Council shall adopt official maps denoting the above identified areas. Substantial
amendments of these maps shall be a Type 3 procedure.
B.Minor amendments of the maps to correct mapping errors when the amendments are intended to more
accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in
adopting an official map may be processed as a Type 1 procedure.
(Ord 2808, Added, 12/02/1997)
SECTION 18.62.070Development Standards for Flood plain Corridor Lands
For all land use actions which could result in development of the Flood plain Corridor, the following is
required in addition to any requirements of Chapter 15.10:
A.Standards for fill in Flood plain Corridor lands:
1.Fill shall be designed as required by the Oregon Structural Specialty Code (OSSC) and Oregon
Residential Specialty Code (ORSC), where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in
section 15.10, and the fill shall not exceed the angle of repose of the material used for fill.
3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill and other material
imported from off the lot that could displace floodwater shall be limited to the following:
a.Poured concrete and other materials necessary to build permitted structures on the lot.
b.Aggregate base and paving materials, and fill associated with approved public and
private street and driveway construction.
c.Plants and other landscaping and agricultural material.
d.A total of 50 cubic yards of other imported fill material.
e.The above limits on fill shall be measured from April 1989, and shall not exceed the
above amounts. These amounts are the maximum cumulative fill that can be imported
onto the site, regardless of the number of permits issued.
4.If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials
must be obtained on the lot from cutting or excavation only to the extent necessary to create an
elevated site for permitted development. All additional fill material shall be obtained from the
portion of the lot in the Flood plain Corridor.
5.Adequate drainage shall beprovided for the stability of the fill.
6.Fill to raise elevations for a building site shall be located as close to the outside edge of the
Flood plain Corridor as feasible.
B. Stream crossing for streets, access or utilities of any waterway or stream identified on the official
maps adopted pursuant to section 18.62.060 must be designed by an engineer. Stream crossings shall be
designed to the standards of Chapter 15.10, or where no floodway has been identified, to pass a one
hundred (100) year flood without any increase in the upstream flood height elevation. The engineer
shall consider in the design the probability that the crossing will be blocked by debris in a severe flood,
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and accommodate expected overflow. The crossing shall be at right angles to the stream channel to the
greatest extent possible. Fill for stream crossings shall be kept to the minimum necessary to achieve
property access, but is exempt from the limitations in section (A) above.
C. Non-residential structures shall be flood-proof to the standards in Chapter 15.10 to one foot above
the elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in the
official maps adopted by section 18.62.060, whichever height is greater. Where no specific elevations
exist, then they must be flood-proofed to an elevation of ten feet above the stream channel on Ashland,
Bear or Neil Creek; to five feet above the stream channel on all other Riparian Preservation Creeks
identified on the official maps adopted pursuant to section 18.62.060; and three feet above the stream
channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to
section 18.62.060.
D. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one
foot above the elevation contained in the maps adopted in chapter 15.10, or to the elevation contained in
the official maps adopted pursuant to section 18.62.060, whichever height is greater. Where no specific
elevations exist, then they must be constructed at an elevation of ten feet above the stream channel on
Ashland, Bear, or Neil Creek; to five feet above the stream channel on all other Riparian Preservation
Creeks identified on the official maps adopted pursuant to section 18.62.060; and three feet above the
stream channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to
section 18.62.060, or one foot above visible evidence of high flood water flow, whichever is greater.
The elevation of the finished lowest habitable floor shall be certified to the city by an engineer or
surveyor prior to issuance of a certificate of occupancy for the structure.
E. To the maximum extent feasible, structures shall be placed on other than Flood plain Corridor Lands.
In the case where development is permitted in the Flood plain corridor area, then development shall be
limited to that area which would have the shallowest flooding.
F. Existing lots with buildable land outside the Flood plain Corridor shall locate all residential
structures outside the Corridor land, unless 50% or more of the lot is within the Flood plain Corridor.
For residential uses proposed for existing lots that have more than 50% of the lot in Corridor land,
structures may be located on that portion of the Flood plain corridor that is two feet or less below the
flood elevations on the official maps, but in no case closer than 20 feet to the channel of a Riparian
Preservation Creek identified on the official maps adopted pursuant to section 18.62.060. Construction
shall be subject to the requirements in paragraph D above.
G. New non-residential uses may be located on that portion of Flood plain Corridor lands that equal to
or above the flood elevations on the official maps adopted in section 18.62.060. Second story
construction may be cantilevered or supported by pillars that will have minimal impact on the flow of
floodwaters over the Flood plain corridor for a distance of 20 feet if it does not impact riparian
vegetation, and the clearance from finished grade is at least ten feet in height. The finished floor
elevation may not be more than two feet below the flood corridor elevations.
H. All lots modified by lot line adjustments, or new lots created from lots which contain Flood plain
Corridor land must contain a building envelope on all lot(s) which contain(s) buildable area of a
sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open
space or conservation purposes. This section shall apply even if the effect is to prohibit further division
of lots that are larger than the minimum size permitted in the zoning ordinance.
I. Basements.
1. Habitable basements are not permitted for new or existing structures or additions located within
the Flood plain Corridor.
2.Non-habitable basements, used for storage, parking, and similar uses are permitted for residential
structures but must be flood-proofed to the standards of Chapter 15.10.
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J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in
Flood plain Corridor lands.
K. Fences shall be located and constructed in accordance with section 18.63.060.B. 3. Fences shall not
be constructed across any waterway or stream identified on the official maps adopted pursuant to
section 18.62.060. Fences shall not be constructed within any designated floodway.
L. Decks and structures other than buildings, if constructed on Flood plain Corridor Lands and at or
below the levels specified in section 18.62.070.C and D, shall be flood-proofed to the standards
contained in Chapter 15.10.
M. Local streets and utility connections to developments in and adjacent to the Flood plain Corridor
shall be located outside of the Flood plain Corridor, except for crossing the Corridor, except as
provided for in Chapter 18.63 Water Resource Protection Zones, or in the Flood plain corridor as
outlined below:
1. Public street construction may be allowed within the Bear Creek Flood plain corridor as part of
development following the adopted North Mountain Neighborhood Plan. This exception shall only
be permitted for that section of the Bear Creek Flood plain corridor between North Mountain
Avenue and the Nevada Street right-of-way. The new street shall be constructed in the general
location as indicated on the neighborhood plan map, and in the area generally described as having
the shallowest potential for flooding within the corridor.
2. Proposed development that is not in accord with the North Mountain Neighborhood Plan shall
not be permitted to utilize this exception.
(Ord 2808, Added, 12/02/1997; Ord 2998, 2009)
(Ord 3045, amended, 03/15/2011; ORD 2998, amended, 12/15/2009; ORD 2951, amended, 07/01/2008; Ord 2808, Added,
12/02/1997)
SECTION 18.62.080Development Standards for Hillside Lands.
It is the purpose of the Development Standards for Hillside Lands to provide supplementary development
regulations to underlying zones to ensure that development occurs in such a manner as to protect the natural
and topographic character and identity of these areas, environmental resources, the aesthetic qualities and
restorative value of lands, and the public health, safety, and general welfare by insuring that development
does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, and severe
cutting or scarring. It is the intent of these development standards to encourage a sensitive form of
development and to allow for a reasonable use that complements the natural and visual character of the city.
A.General Requirements. The following general requirements shall apply in Hillside Lands:
1.All development shall occur on lands defined as having buildable area. Slopes greater than
35% shall be considered unbuildable except as allowed below. Variances may be granted to
this requirement only as provided in section 18.62.080.H.
a.Existing parcels without adequate buildable area less than or equal to 35% shall be
considered buildable for one unit.
b.Existing parcels without adequate buildable area less than or equal to 35% cannot be
subdivided or partitioned.
2.All newly created lots either by subdivision or partition shall contain a building envelope with
a slope of 35% or less.
3.New streets, flag drives, and driveways shall be constructed on lands of less than or equal to
35% slope with the following exceptions:
a.The street is indicated on the City's Transportation Plan Map -Street Dedications.
b.The portion of the street, flag drive, or driveway on land greater than 35% slope does not
exceed a length of 100 feet.
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4.Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or
partitions, the following additional information is required:
A geotechnical study prepared by a geotechnical expert indicating that the site is stable for the
proposed use and development. The study shall include the following information:
a.Index map.
b.Project description to include location, topography, drainage, vegetation, discussion of
previous work and discussion of field exploration methods.
c.Site geology, based on a surficial survey, to include site geologic maps, description of
bedrock and surficial materials, including artificial fill, locations of any faults, folds,
etc..., and structural data including bedding, jointing and shear zones, soil depth and soil
structure.
d.Discussion of any off-site geologic conditions that may pose a potential hazard to the
site, or that may be affected by on-site development.
e.Suitability of site for proposed development from a geologic standpoint.
f.Specific recommendations for cut and fill slope stability, seepage and drainage control
or other design criteria to mitigate geologic hazards.
g.If deemed necessary by the engineer or geologist to establish whether an area to be
affected by the proposed development is stable, additional studies and supportive data
shall include cross-sections showing subsurface structure, graphic logs with
subsurface exploration, results of laboratory test and references.
h.Signature and registration number of the engineer and/or geologist.
i.Additional information or analyses as necessary to evaluate the site.
j.Inspection schedule for the project as required in 18.62.080.B.9.
k.Location of all irrigation canals and major irrigation pipelines.
B.Hillside Grading and Erosion Control. All development on lands classified as hillside shall
provide plans conforming with the following items:
1.All grading, retaining wall design, drainage, and erosion control plans for development on
Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall
conform to the InternationalBuilding Codeand be consistent with the provisions of this Title.
Erosion control measures on the development site shall be required to minimize the solids in
runoff from disturbed areas.
2.For development other than single family homes on individual lots, all grading, drainage
improvements, or other land disturbances shall only occur from May 1 to October 31.
Excavation shall not occur during the remaining wet months of the year. Erosion control
measures shall be installed and functional by October 31. Up to 30 day modifications to the
October 31 date, and 45 day modification to the May 1 date may be madeby the Planning
Director, based upon weather conditions and in consultation with the project geotechnical
expert. The modification of dates shall be the minimum necessary, based upon evidence
provided by the applicant, to accomplish the necessary projectgoals.
3.Retention in natural state. On all projects on Hillside Lands involving partitions and
subdivisions, and existing lots with an area greater than one-half acre, an area equal to 25%
of the total project area, plus the percentage figure of theaverage slope of the total project area,
shall be retained in a natural state. Lands to be retained in a natural state shall be protected
from damage through the use of temporary construction fencing or the functional equivalent.
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For example, on a 25,000 sq. ft. lot with an average slope of 29%, 25%+29%=54% of the total
lot area shall be retained in a natural state.
The retention in a natural state of areas greater than the minimum percentage required here is
encouraged.
4.Grading -cuts. On all cut slopes on areas classified as Hillside lands, the following standards
shall apply:
a.Cut slope angles shall be determined in relationship to the type of materials of which they
are composed. Where the soil permits, limit the total area exposed to precipitation and
erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or
functional equivalent to control erosion and provide slope stability when necessary.
Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected
with erosion control getting or structural equivalent installed per manufacturers
specifications, and revegetated.
b.Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than
seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a
maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for
the introduction of vegetation for erosion control. Total cut slopes shall not exceed a
maximum vertical height of 15 feet. (See Graphic)
Cut Slope and
Fill Slope
Requirements
Not to Scale
For Illustration Only
Reduce Effective Visual
Bulk by Utilizing
Stepped Foundations
The top of cut slopes not utilizing structural retaining walls shall be located a minimum
setback of one-half the height of the cut slope from the nearest property line.
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Cut slopes for structure foundations encouraging the reduction of effective visual bulk,
such as split pad or stepped footings shall be exempted from the height limitations of this
section. (See Graphic)
c.Revegetation of cut slope terraces shall include the provision of a planting plan,
introduction of top soil where necessary, and the use of irrigation if necessary. The
vegetation used for these areas shall be native or species similar in resource value which
will survive, help reduce the visual impact of the cut slope, and assist in providing long
term slope stabilization. Trees, bush-type plantings and cascading vine-type plantings
may be appropriate.
5.Grading -fills. On all fill slopes on lands classified as Hillside Lands, the following standards
shall apply:
a.Fillslopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area
not utilizing structural retaining shall be a minimum of six feet from the nearest property
line.(Ord 2834 S6, 1998)
b.Fill slopes shall be protected with an erosion control netting, blanket or functional
equivalent. Netting or blankets shall only be used in conjunction with an organic mulch
such as straw or wood fiber. The blanket must be applied so that it is in complete contact
with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be
securely anchored to the slope in accordance with manufacturer's recommendations.
c.Utilities. Whenever possible, utilities shall not be located or installed on or in fill slopes.
When determined that it necessary to install utilities on fill slopes, all plans shall be
designed by a geotechnical expert.
d.Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource
value and which will survive and stabilize the surface. Irrigation may be provided to
ensure growth if necessary. Evidence shall be required indicating long-term viability of
the proposed vegetation for the purposes of erosion control on disturbed areas.
6.Revegetation requirements. Where required by this chapter, all required revegetation of cut
and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of
a required survey plat, or other time as determined by the hearing authority. Vegetation shall
be installed in such a manner as to be substantially established within one year of installation.
7.Maintenance, Security, and Penalties for Erosion Control Measures.
a.Maintenance. All measures installed for the purposes of long-term erosion control,
including but not limited to vegetative cover, rock walls, and landscaping, shall be
maintained in perpetuity on all areas which have been disturbed, including public
rights-of-way. The applicant shall provide evidence indicating the mechanisms in place
to ensure maintenance of measures.
b.Security. Except for individual lots existing prior to January 1, 1998, after an Erosion
Control Plan is approved by the hearing authority and prior to construction, the applicant
shall provide a performance bond orother financial guarantees in the amount of 120% of
the value of the erosion control measures necessary to stabilize the site. Any financial
guarantee instrument proposed other than a performance bond shall be approved by the
City Attorney. The financial guarantee instrument shall be in effect for a period of at least
one year, and shall be released when the Planning Director and Public Works Director
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determine, jointly, that the site has been stabilized. All or a portion of the security
retained by theCity may be withheld for a period up to five years beyond the one year
maintenance period if it has been determined by the City that the site has not been
sufficiently stabilized against erosion.
8.Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the
following factors:
a.No terracing shall be allowed except for the purposes of developing a level building pad
and for providing vehicular access to the pad.
b.Avoid hazardous or unstable portions of the site.(Ord 2834,S21998)
c.Avoid hazardous or unstable portions of the site.
d.Building pads should be of minimum size to accommodate the structure and a reasonable
amount of yard space. Pads for tennis courts, swimming pools and large lawns are
discouraged. As much of the remaining lot area as possible should be kept in the natural
state of the original slope.
9.Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of
the final survey plat on partitions, or issuance of a certificate of occupancy for individual
structures, the project geotechnical expert shall provide a final report indicating that the
approved grading, drainage, and erosion control measures were installed as per the approved
plans, and that all scheduled inspections, as per 18.62.080.A.4.j were conducted by the project
geotechnical expert periodically throughout the project.
C.Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the
following standards:
1.All facilities for thecollection of stormwater runoff shall be required to be constructed on the
site and according to the following requirements:
a.Stormwater facilities shall include storm drain systems associated with street construction,
facilities for accommodating drainage from driveways, parking areas and other impervious
surfaces, and roof drainage systems.
b.Stormwater facilities, when part of the overall site improvements, shall be, to the greatest
extent feasible, the first improvements constructed on the development site.
c.Stormwater facilities shall be designed to divert surface water away from cut faces or
sloping surfaces of a fill.
d.Existing natural drainage systems shall be utilized, as much as possible, in their natural
state, recognizing the erosion potential from increased storm drainage..
e.Flow-retarding devices, such as detention ponds and recharge berms, shall be used where
practical to minimize increases in runoff volume and peak flow rate due to development.
Each facility shall consider the needs for an emergency overflow system to safely carry any
overflow water to an acceptable disposal point.
f.Stormwater facilities shall be designed, constructed and maintained in a manner that will
avoid erosion on-site and to adjacent and downstream properties.
g.Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields,
shall be designed by a registered engineer or geotechnical expert and approved by the City’
s Public Works Department or City Building Official.
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D.Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to
the following requirements:
1.Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be
prepared, which locates all trees greater than six inches d.b.h., identified by d.b.h., species,
approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing
tree base elevations shall be provided. Dead or diseased trees shall be identified. Groups of
trees in close proximity (i.e. those within five feet of each other) may be designated as a clump
of trees, with the predominantspecies, estimated number and average diameter indicated. All
tree surveys shall have an accuracy of plus or minus two feet. The name, signature, and
address of the site surveyor responsible for the accuracy of the survey shall be provided on the
tree survey.
Portions of the lot or project area not proposed to be disturbed by development need not be
included in the inventory.
2.Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees
shall also be identified as to their suitability for conservation. When required by the hearing
authority, the evaluation shall be conducted by a landscape professional. Factors included in
this determination shall include:
a.Tree health. Healthy trees can better withstand the rigors of development than
non-vigorous trees.
b.Tree Structure. Trees with severe decay or substantial defects are more likely to result in
damage to people and property.
c.Species. Species vary in their ability to tolerate impacts and damage to their environment.
d.Potential longevity.
e.Variety. A variety of native tree species and ages.
f.Size. Large trees provide a greater protection for erosion and shade than smaller trees.
3.Tree Conservation in Project Design. Significant trees (2' d.b.h. or greater conifers and 1'
d.b.h. or greater broadleaf) shall be protected and incorporated into the project design
whenever possible.
a.Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be
located such that the maximum number of existing trees on the site are preserved, while
recognizing and following the standards for fuel reduction if the development is located in
Wildfire Lands.
Site Planning
Responsive to
Tree Locations
Existing Site
with significant
trees
Sensitive develoment
option for property
b.Building envelopes shall be located and sized to preserve the maximumnumber of trees on
site while recognizing and following the standards for fuel reduction if the development is
located in Wildfire Lands.
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c.Layout of the project site utility and grading plan shall avoid disturbance of tree protection
areas.
4.Tree Protection. On all properties where trees are required to be preserved during the course
of development, the developer shall follow the following tree protection standards:
a.All trees designated for conservation shall be clearly marked on the project site. Prior to
the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or
change in ground elevation, the applicant shall install fencing at thedrip line of all trees to
be preserved adjacent to or in the area to be altered. Temporary fencing shall be
established at the perimeter of the dripline. Prior to grading or issuance of any permits,
the fences may be inspected and their location approved by the Staff Advisor. (see
18.61.200)
b.Construction site activities, including but not limited to parking, material storage, soil
compaction and concrete washout, shall be arranged so as to prevent disturbances within
tree protection areas.
c.No grading, stripping, compaction, or significant change in ground elevation shall be
permitted within the drip line of trees designated for conservation unless indicated on the
grading plans, as approved by the City, and landscape professional. If grading or
construction is approved within the dripline, a landscape professional may be required to
be present during grading operations, and shall have authority to require protective
measures to protect the roots.
d.Changes in soil hydrology and site drainage within tree protection areas shall be
minimized. Excessive site run-off shall be directed to appropriate storm drain facilities
and away from trees designated for conservation.
e.Should encroachment into a tree protection area occur which causes irreparable damage, as
determined by a landscape professional, to trees, the project plan shall be revised to
compensate for the loss. Under no circumstances shall the developer be relieved of
responsibility for compliance with the provisions of this chapter.
5.Tree Removal. Development shall be designed to preserve the maximum number of trees on a
site. The development shall follow the standards for fuel reduction if the development is
located in Wildfire Lands. When justified by findings of fact, the hearing authority may
approve the removal of trees for one or more of the following conditions: (Ord 2834 S3, 1998)
a.The tree is located within the building envelope.
b.The tree is located within a proposed street, driveway, or parking area.
c.The tree is located within a water, sewer, or other public utility easement.
d.The tree is determined by a landscape professional to be dead or diseased, or it constitutes
an unacceptable hazard to life or property when evaluated by the standards in
18.62.080.D.2.
e.The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to
the life of the tree, as determined by a landscape professional.
6.Tree Replacement. Trees approved for removal, with the exception of trees removed because
they were determined to be diseased, dead, or a hazard, shall be replaced in compliance with
the following standards:
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a.Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall
include all locations for replacement trees, and shall also indicate tree planting details.(Ord
2834 S4, 1998)
b.Replacement trees shall be planted such that the trees will in time result in canopy equal
to or greater than the tree canopy present prior to development of the property. The
canopyshall be designed to mitigate of the impact of paved and developed areas, reduce
surface erosion and increase slope stability.. Replacement tree locations shall consider
impact on the wildfire prevention and control plan. The hearing authority shall have the
discretion to adjust the proposed replacement tree canopy based upon site-specific
evidence and testimony.
Tree Planting
Guideline
3" mulch kept
6" from trunk
Stake only if tree is unable
to stand on its own,
and stake as low as possible
with a non-metallic stake.
Cultivated planting area should be 3-5
times the size of the rootball, and only
native soil should be used for fill.
Mound slightly to contain water.
Set top of rootball at ground level.
Free burlap from trunk, and
keep below grade.
Set tree on sound ground
c.Maintenance of replacement trees shall be the responsibility of the property owner.
Required replacement trees shall be continuously maintained in a healthy manner. Trees
that die within the first five years after initial planting must be replaced in kind, after which
a new five year replacement period shall begin. Replanting must occur within 30 days of
notification unless otherwise noted. (Ord 2834 S5, 1998)
7.Enforcement.
a.All tree removal shall be done in accord with the approved tree removal and replacement
plan. No trees designated for conservation shall be removed without prior approval of the
City of Ashland.
b.Should thedeveloper or developer's agent remove or destroy any tree that has been
designated for conservation, the developer may be fined up to three times the current
appraised value of the replacement trees and cost of replacement or up to three times the
currentmarket value, as established by a professional arborist, whichever is greater.
c.Should the developer or developer's agent damage any tree that has been designated for
protection and conservation, the developer shall be penalized $50.00 per scar. If
necessary, a professional arborist's report, prepared at the developer's expense, may be
required to determine the extent of the damage. Should the damage result in loss of
appraised value greater than determined above, the higher of the two values shall be used.
E.Building Location and Design Standards. All buildings and buildable areas proposed for Hillside
Lands shall be designed and constructed in compliance with the following standards:
1.Building Envelopes. All newly created lots, either by subdivision or partition, shall contain
building envelopes conforming to the following standards:
a.The building envelope shall contain a buildable area with a slope of 35% or less.
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b.Building envelopes and lot design shall address the retention of a percentage of the lot in a
natural state as required in 18.62.080.B.3.
c.Building envelopes shall be designed and located to maximize tree conservation as
required in 18.62.080.D.3. while recognizing and following the standards for fuel
reduction if the development is located in Wildfire Lands
d.It is recommended that building envelope locations should be located to avoid ridgeline
exposures, and designed such that the roofline of a building within the envelope does not
project above the ridgeline.
Retention of hillside
character and natural
slope by avoiding
ridgeline
locations
2.Building Design. To reduce hillside disturbance through the use of slope responsive design
techniques, buildings on Hillside Lands, excepting those lands within the designated Historic
District, shall incorporate the following into the building design and indicate features on
required building permits:
a.Hillside Building Height. The height of all structures shall be measured vertically from
the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or
other feature perpendicular to that grade. Maximum Hillside Building Height shall be 35
feet. (graphics available on original ordinance)
b.Cut buildings into hillsides to reduce effective visual bulk.
(1).Split pad or stepped footings shall be incorporated into building design to allow the
structure to more closely follow the slope.
(2).Reduce building mass by utilizing below grade rooms cut into the natural slope.
c.A building stepback shall be required on all downhill building walls greater than 20 feet in
height, as measured above natural grade. Stepbacks shall be a minimum of six feet. No
vertical walls on the downhill elevations of new buildings shall exceed a maximum height
of 20 feet above natural grade. (see graphic)
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d.Continuous horizontal building planes shall not exceed a maximum length of 36 feet.
Planes longer than 36 feet shall include a minimum offset of six feet. (graphic available
on original ordinance)
e.It is recommended that roof forms and roof lines for new structures be broken into a series
of smaller building components to reflect the irregular forms of the surrounding hillside.
Long, linear unbroken roof lines are discouraged. Large gable ends on downhill
elevations should be avoided, however smaller gables may be permitted. (graphic
available on original ordinance)
f.It is recommended that roofs of lower floor levels be used to provide deck or outdoor space
for upper floor levels. The use of overhanging decks with vertical supports in excess of 12
feet on downhill elevations should be avoided.
g.It is recommended that color selection for new structures be coordinated with the
predominant colors of the surrounding landscape to minimize contrast between the
structure and the natural environment
F.All structures on Hillside Lands shall have foundations which have been designed by an engineer
or architect with demonstrable geotechnical design experience. A designer, as defined, shall not
complete working drawings without having foundations designed by an engineer.
G.All newly created lots or lots modified by a lot line adjustment must include a building envelope on
all lots that contains a buildable area less than 35% slope of sufficient size to accommodate the uses
permitted in the underlying zone, unless the division or lot line adjustment is for open space or
conservation purposes.
H.Administrative Variance From Development Standards for Hillside Lands -18.62.080. A variance
under this section is not subject to the variance requirements of section 18.100 and may be granted
with respect to the development standards for Hillside Lands if all of the following circumstances
are found to exist:
1.There is demonstrable difficulty in meeting the specific requirements of this chapter due to
a unique or unusual aspect of the site orproposed use of the site;
2.The variance will result in equal or greater protection of the resources protected under this
chapter;
3.The variance is the minimum necessary to alleviate the difficulty; and
4.The variance is consistent with the stated Purpose and Intent of the Physical and
Environmental Constraints Chapter and section 18.62.080.
Appeals of decisions involving administrative variances shall be processed as outlined in
18.108.070.
(ORD 2951, amended, 07/01/2008; Ord 2808, Added, 12/02/1997)
SECTION 18.62.090Development Standards for Wildfire Lands.
A.Requirements for Subdivisions, Performance Standards Developments, or Partitions.
1.A Fire Prevention and Control Plan shall be required with the submission of any application for an
outline plan approval of a Performance Standards Development, preliminary plat of a subdivision,
or application to partition land which contained areas designated Wildfire Hazard areas.
2.The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3
days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention and
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Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the
scheduled hearing. The Fire Chief's report shall be a part of the record of the Planning Action.
3.The Fire Prevention and Control Plan, prepared at the same scale as the development plans, shall
include the following items:
a.An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation
and topography.
b.A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation.
c.A map of the areas that are to be thinned to reduce the interlocking canopy of trees.
d.A tree management plan showing the location of all trees that are to be preserved and removed
on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be
shown.
e.The areas of Primary and Secondary Fuel Breaks that are required to be installed around each
structure, as required by 18.62.090 B.
f.Roads and driveways sufficient for emergency vehicle access and fire suppression activities,
including the slope of all roads and driveways within the Wildfire Lands area.
4.Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan
when, in addition to the findings required by this chapter, the additional finding is made that the
wildfire hazards present on the property have been reduced to a reasonable degree, balanced with
the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention,
wildlife habitat, and aesthetics.
5.The hearing authority may require, through the imposition of conditions attached to the approval,
the following requirements as deemed appropriate for the development of the property:
a.Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning.
b.Clearing of sufficient vegetation to reduce fuel load.
c.Removal of all dead and dying trees.
d.Relocation of structures and roads to reduce the risks of wildfire and improve the chances of
successful fire suppression.
6.The Fire Prevention and Control Plan shall be implemented during the public improvements
required of a subdivision or Performance Standards Development, and shall be considered part of
the subdivider's obligations for land development. The Plan shall be implemented prior to the
issuance of any building permit for structures to be located on lots created by partitions and for
subdivisions or Performance Standards developments not requiring public improvements. The
Fire Chief, or designee, shall inspect and approve the implementation of the Fire Prevention and
Control Plan, and the Plan shall not be considered fully implemented until the Fire Chief has given
written notice to the Staff Advisor that the Plan was completed as approved by the hearing
authority.
7.In subdivisions or Performance Standards Developments, provisions for the maintenance of the
Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for
the development, and the City of Ashland shall be named as a beneficiary of such covenants,
restrictions, and conditions.
8.On lots created by partitions, the property owner shall be responsible for maintaining the property
in accord with the requirements of the Fire Prevention and Control Plan approved by the hearing
authority.
B.Requirements for construction of all structures.
1.All new construction and any construction expanding the size of an existing structure, shall have a
"fuel break" as defined below.
2.A "fuel break" is defined as an area which is free of dead or dying vegetation, and has native,
fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of
vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be
planted in slow-burning species. Establishment of a fuel break does not involve stripping the
ground of all native vegetation. "Fuel Breaks" may include structures, and shall not limit distance
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between structures and residences beyond that required by other sections of this title.
3.Primary Fuel Break -A primary fuel break will be installed, maintained and shall extend a
minimum of 30 feet, or to the property line, whichever is less, in all directions around structures,
excluding fences, on the property. The goal within this area is to remove ground cover that will
produce flame lengths in excess of one foot. Such a fuel break shall be increased by ten feet for
each 10% increase in slope over 10%. Adjacent property owners are encouraged to cooperate on
the development of primary fuel breaks.
4.Secondary Fuel Break -A secondary fuel break will be installed, maintained and shall extend a
minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and
under the control of the property owner during construction. The goal of the secondary fuel break
is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control.
5.All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings, as
determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in the
Wildfire Lands area for which at least 50% of the roofing area requires re-roofing shall be done
under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden
shingles, shakes, wood-product material or other combustible roofing material, as defined in the
City's building code.
C.Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion
control measures outlined in section 18.62.080.
D.Implementation.
1.For land which have been subdivided and required to comply with A. (6) above, all requirements of
the Plan shall be complied with prior to the commencement of construction with combustible
materials.
2.For all other structures, the vegetation control requirements of section (B) above shall be complied
with before the commencement of construction with combustible materials on the lot. (Ord. 2657,
1991)
3.As of November 1, 1994, existing residences in subdivisions developed outside of the Wildfire
Lands Zone, but later included due to amendments to the zone boundaries shall be exempt from the
requirements of this zone, with the exception of section 18.62.090 B.5. above. All new residences
shall comply with all standards for new construction in section 18.62.090 B.
4.Subdivisions developed outside of the wildfire lands zone prior to November 1, 1994, but later
included as part of the zone boundary amendment, shall not be required to prepare or implement
Fire Prevention and Control Plans outlined in section 18.62.090 A. (Ord 2747, 1994)
(Ord 2808, Added, 12/02/1997)
SECTION 18.62.100Development Standards for Severe Constraint Lands.
A.Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation
removal and, whenever possible, alternative development should be considered.
B.Development of floodways is not permitted except for bridges and road crossings. Such crossings
shall be designed to pass the 100 year flood without raising the upstream flood height more than six
inches.
C.Development on lands greater than 35% slope shall meet all requirements of section 18.62.080 in
addition to the requirements of this section.
D.Development of land or approval for a planning action shall be allowed only when the following study
has been accomplished. An engineering geologic study approved by the City's Public Works Director
and Planning Director establishes that the site is stable for the proposed use and development. The
study shall include the following:
1.Index map.
2.Project description to include location, topography, drainage, vegetation, discussion of previous
work and discussion of field exploration methods.
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3.Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and
surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data
including bedding, jointing and shear zones, soil depth and soil structure.
4.Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that
may be affected by on-site development.
5.Suitability of site for proposed development from a geologic standpoint.
6.Specific recommendations for cut slope stability, seepage and drainage control or other design
criteria to mitigate geologic hazards.
7.If deemed necessary by the engineer or geologist to establish whether an area to be affected by the
proposed development is stable, additional studies and supportive data shall include cross-sections
showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test
and references.
8.Signature and registration number of the engineer and/or geologist.
9.Additional information or analyses as necessary to evaluate the site.
(Ord 2808, Added, 12/02/1997)
SECTION 18.62.110Density Transfer.
Density may be transferred out of unbuildable areas to buildable areas of a lot provided the following
standards are met:
A.Partitions and subdivisions involving density transfer shall be processed under Performance
Standards, Chapter 18.88 of the Ashland Municipal Code.
B.A map shall be submitted showing the net buildable area to which the density will be transferred.
C.A covenant shall be recorded limiting development on the area from which density is transferred.
D.Density may not be transferred from one ownership to another but only within the lot(s) owned by
the same person.
E.Density may be transferred only on contiguous lots under common ownership.
F.The density of the buildable area may not be increased to more than two (2) times the permitted
density of the underlying zone. Fractional units are to be rounded down to the next whole number.
(Ord. 2528, 1989)
(Ord 2808, Added, 12/02/1997)
SECTION 18.62.130Penalties.
The following sections are in addition to the enforcement actions that may be taken and penalties which
may be imposed in chapter 18.112 for a violation of this chapter:
A.Whenever any work is being done contrary to the provisions of this chapter or whenever erosion
control measures, tree protection measures, wildfire control measures, or Flood plain corridor
development measures are not being properly maintained or are not functioning properly due to
faulty installation or neglect, the director of community development or the director’s designee,
may order the work stopped by notice in writing served on any persons engaged in the doing or
causing of such work to be done, and any such persons shall immediately stop work until
authorized by the director or designee to proceed with the work.
B.All development under this chapter and all work or construction for which a permit is required
under this chapter shall be subject to inspection by the director of community development or the
director’s designee. When an inspection is made under this section or when it is necessary to make
an inspection to enforce this code, or when the director or designee has reasonable cause to believe
that there existsupon Hillside Lands a condition which is contrary to or in violation of this chapter
which makes the premises unsafe, dangerous or hazardous, the director or designee may enter the
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premises at reasonable times to inspect or to perform the duties imposed by this chapter. The
director or designee shall first make a reasonable effort to locate the owner or other person having
charge of the premises and request entry.
C.The City may refuse to accept any development permit application, may revoke or suspend any
development or building permit, or may deny occupancy on the property until erosion control
measures, tree protection measures, wildfire control measures, or Flood plain corridor
development measures have been installed properly and are maintained in accordance with the
requirements of this chapter.
D.The owner of the property from which erosion occurs due to failure or neglect of erosion control
measures, together with any person or parties who cause such erosion shall be responsible to
mitigate theimpacts of the erosion and prevent future erosion.
(Ord 2808, Added, 12/02/1997)
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CHAPTER 18.63
WATER RESOURCE PROTECTION ZONES
SECTIONs:
18.63.010Purpose and Intent
18.63.020Where Regulations Apply
18.63.030Definitions
18.63.040Inventory of Ashland’ s Water Resources
18.63.050Establishment of Water Resource Protection Zones
18.63.060Activities and uses Exempt from these Regulations
18.63.070Limited Activities and Uses within Water Resource Protection Zones
18.63.080Water Resource Protection Zone Reductions
18.63.090Hardship Variances
18.63.100Approval Standards for Land Divisions and Property Line Adjustments within
Water Resource Protection Zones
18.63.110Plan Requirements
18.63.120Mitigation Requirements
18.63.130Map Errors and Adjustments
18.63.140Enforcement and Penalties
SECTION 18.63.010Purpose and Intent
The purpose and intent of this chapter are:
A.To implement state and federal law with respect to the protection of clean water, pollution control
and preservation of endangered species.
B.To protect Ashland’ s Goal 5 significant wetlands and riparian areas, thereby protecting and
restoring the hydrologic, ecologic and land conservation functions these areas provide for the
community.
C.To implementthe provisions of Statewide Planning Goals 6 and 7, which require the buffering and
separation of those land uses and activities that lead to or may create impacts on water quality, as
well as to reduce the risk to people and property resulting from the inappropriate management of
wetland and riparian areas.
D.To implement the goals and policies of the Environmental Resources chapter of Ashland’ s
Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding.
E.To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F.To better manage storm water drainage, minimize maintenance costs, protect properties adjacent to
drainage ways, improve water quality, protect riparian and aquatic fish and wildlife habitat and
provide opportunities for trail connections.
G.To protect water associated with Ashland’ s hydrology for human uses, fish and wildlife and their
habitats.
H.To control erosion and limit sedimentation.
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I.To protect the amenity values and educational opportunities of Ashland’ s wetlands, water bodies
and associated riparian areas as community assets.
J.To improve public appreciation and understanding of wetlands and riparian areas for their unique
ecosystem structure and functions and for the human-nature interactions they provide.
K.To improve and promote coordination among local, state, and federal agencies regarding
development activities near Ashland’ s wetlands, water bodies and associated riparian areas.
L.Incases of hardship, to provide a procedure to alter wetlands and riparian areas only when offset by
appropriate mitigation, as stipulated in the ordinance and other applicable state and federal
requirements.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.020Where Regulations Apply
A. The provisions of this chapter apply to all lands containing Water Resources and Water Resource
Protection Zones. Water Resources and Water Resource Protection Zones are defined, established
and protected in this chapter.
B.State and federal wetland and riparian regulations will continue to apply within the City of Ashland,
regardless of whether or not these areas are mapped on Ashland’ s Water Resources Map. Nothing
in this chapter shall be interpreted as superseding or nullifying state or federal requirements.
Additionally, the City of Ashland shall provide notification to the Oregon Department of State
Lands (DSL), as required by Division 23 of Oregon Administrative Rules, for all applications
concerning development permits or other land use decisions affecting wetlands on the inventory.
C.The burden is on the property owner to demonstrate that the requirements of this chapter are met or
are not applicable to development activity or other proposed use or alteration of land.The Staff
Advisor may make a determination based on the Water Resources Map, field check, and any other
relevant maps, site plans and information that a Water Resource or Water Resource Protection Zone
is not located on a particular site or is not impacted by proposed development, activities or uses. In
cases where the location of the Water Resource or Water Resource Protection Zone is unclear or
disputed, the Staff Advisor may require a survey, delineation prepared by a natural resource
professional, ora sworn statement from a natural resource professional that no Water Resources or
Water Resource Protection Zones exist on the site.
D.All Water Resource Protection Zones shall be protected from alteration and development, except as
specifically provided in this chapter. No person or entity shall alter or allow to be altered any real
property designated as a Water Resource Protection Zone, except as set forth in an exemption,
approved planning application or permit authorized in this chapter. Noperson or entity shall use
or allow to be used, property designated as a Water Resource Protection Zone, except as set forth in
an exemption, approved planning application or permit authorized in this chapter.
E.Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will
be some overlap between the regulations in this chapter and those in Chapter 18.62 Physical and
Environmental Constraints, which regulates development in physical constrained areas including
floodplains. Where two regulations are in conflict, the most stringent shall govern.
(Ord 3000, added, 12/15/2009)
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SECTION 18.63.030Definitions
Alter Alteration
or-means any human-induced physical change to the existing condition of land or
improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation
(chemical or otherwise), excavation, grading, placement of fill material, placement of structures or
Permit to be altered
impervious surfaces or other construction. “” means allowing or failing to prevent
the alteration.
Approval Authority
–the Staff Advisor, Planning Commission or its Hearings Board, Hearings
Officer, or City Council as determined by the applicable procedural requirements.
Bank Full Stage
-means the two year recurrence interval flood elevation.
Centerline of Stream
–an imaginary line that is in the midpoint of the stream channel. In cases
where a stream has multiple or braided channels, the centerline of stream is the midpoint between the
outermost or upland sides of the stream channels (Figure 1).
Figure 1: Centerline of Stream
Clearing
-means the removal, redistribution or disturbance of vegetation, soil or substrate that may
include trees, brush, grass, ground cover, or other vegetative matter from a site.
Drainage Ditch or Channels
include:
1. Roadside ditches that carry only storm water runoff from the adjacent road and the
immediate surrounding area. (Drainage ditches do not include historically altered streams or
channels that convey surface water flows. These features are still classified as streams for the
purpose of this ordinance.)
2. Constructed channels designed as part of the storm water infrastructure and drain directly
from storm water facilities or storm pipe systems.
Enhancement
-means actions performed to improve the condition or functions and values of a Water
Resource and itsassociated Protection Zone. Enhancement actions include but are not limited to
increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible
erosion controls, and removing invasive plant species.
Fill Material
-means a deposit of earth or other natural or manmade material placed by artificial
means.
Filling
-means the act of placing fill material in any amount, including the temporary stockpiling of fill
material.
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Fish Bearing or Fish Habitat
-means inhabited at any time of the year by anadromous or game fish
species or fish that are listed as threatened or endangered species under the state or federal endangered
species acts. Fish use is determined from Oregon Department of Forestry Stream Classification,
Oregon Department of Fish and Wildlife and Oregon Department of State Lands maps for salmonid fish
distribution.
Hand-held Equipment or Machinery
-means equipment or machinery held in and operated by hand.
Hand-held equipment or machinery includes butis not limited to manual tools, weed eaters, chainsaws,
and equipment or machinery with wheels and a weight of 100 pounds or less such as push lawn mowers
and brush mowers. For the purposes of this ordinance, equipment or machinery with wheels and a
weight in excess of 100 pounds is not considered hand-held equipment or machinery.
Impervious Surface
–means surface materials which prevent the normal infiltration of storm water
into the ground.
Lawn
-means grass or similar materials maintained as a ground cover of less than six inches in height.
For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used.
Local Native Plant Species
–means those plant species appropriate to planting in or adjacent to a
Water Resource that are native species indigenous to the Rogue River Basin. Local native plant
species are adapted to the elevation, weather, soils and hydrology of the area; will support the desired
structure, functions, and values of the water resource; and once established require significantly less
maintenance than non-native species. The City of Ashland Planning Division maintains a list of
recognized site-appropriate local native plant species for both wetland and stream bank water resource
applications, along with a list of known local suppliers. Plants may be added to or removed from the
Local Native Plant List if reviewed and approved by the Staff Advisor in consultation with the City
Horticulturist, Tree Commission, other professional groups with demonstrable expertise and local, state
and federal agencies.
Mitigation
-means taking one or more of the following actions listed in order of priority:
1.Avoiding the impact altogether by not taking a certain development action or parts of that
action.
2.Minimizing impacts by limiting the degree or magnitude of the development action and its
implementation.
3.Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4.Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development action by monitoring and taking appropriate corrective
measures.
5.Compensating for the impact by replacing or providing comparable substitute resources or
environments.
Mitigation Plan
-means a plan that outlines the activities that will be undertaken to alleviate project
impacts to sensitive areas.
Natural Resources Professional
–a “natural resources professional” includes individuals who have a
,
Bachelors degree, or the equivalent or greaterin the field of natural resources, biology, ecology, or
.
related fields, and at least four years of relevant post graduate experience
Non-native Species
-meansa plant species which is not indigenous to the local area.
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Noxious and Invasive Vegetation
–means plant species which are recognized as having a significant
potential to disrupt the functions and values of local Water Resource ecosystems. The City of Ashland
Planning Division maintains a list of recognized noxious and invasive plants. Plantsmay be added to or
removed from the Prohibited Plant List if reviewed and approved by the Staff Advisor in consultation
with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise
and local, state and federal agencies.
Power-assisted Equipment or Machinery
-means equipment or machinery other than hand-held
equipment or machinery. For the purposes of this ordinance, equipment or machinery with wheels and
a weight in excess of 100 pounds is considered power-assisted equipment or machinery.
Principal Building
–a building in which the principal use of the zoning district in which it is located
is conducted.
Restoration
-means efforts performed to re-establish the functional values and characteristics of a
critical area that have been destroyed or degraded by past alterations such as filling, grading or draining.
Riparian Area
–means the area adjacent to a stream, consisting of the area of transition from an
aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream.
Riparian Buffer
–an area located adjacent to the stream and including the riparian area that is
preserved for the purpose of protecting the functions and values of the stream and the riparian area by
serving to reduce the adverse effects of adjacent land uses.
Riparian Corridor
-“Riparian Corridor” is a Goal 5 resource that includes the water areas, fish
habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian Corridor is
a type of Stream Bank Protection Zone.
Stream
–a stream means a channel such as a creek that carries flowing surface water, including
perennial, intermittent and ephemeral streams with defined channels, and excluding man-made
irrigation and drainage channels. Drainage channels do not include historically altered streams or
channels that convey surface water flows. A stream is a type of Water Resource.
Stream, Ephemeral
-an ephemeral stream generally flows only during and following a rain event.
Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of
water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone.
Stream, Intermittent
-an intermittent stream generally flows only during part of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not have
flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent
and Ephemeral Streams is a type of Stream Bank Protection Zone.
Stream, Perennial
-a perennial stream has flowing water year-round during a typical year.
Groundwateris the primary source of water for stream flow. Runoff from rainfall is a supplemental
source of water for stream flow.
Stream, Local
–Local Streams is a type of Stream Bank Protection Zone.
Stream Bank Protection Zone
–an area subject to the provisions of this chapter which includes a
stream and an associated riparian buffer of varying width, as established herein, located adjacent to the
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stream, and in which certain human activities are regulated in order to protect the structure and
functions of the stream. A Stream Bank Protection Zone is a type of Water Resource Protection Zone.
There are three types of Stream Bank Protection Zones defined, established and protected in this chapter
–Riparian Corridor, Local Streams and Intermittent and Ephemeral Streams.
Stream Bank Protection Zone Boundary
-an imaginary line that is measured horizontally at a
standard distance upland from the top of bank or from the center line of the stream as required in section
18.63.050.
Stream Corridor Functions
-include providing shade for the stream, stream bank and channel
stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the stream,
water filtration, aquatic and riparian fish and wildlife habitat.
Top of Bank
-means the elevation at which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a clear, natural line impressed on the shore, a change frombare soil to upland
vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big leaf
maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional sediment or
changes in the characterof the soil (e.g. from sand, sand and cobble, cobble and gravel to upland soils),
absence of fine debris (e.g. needles, leaves, cones and seeds), and the presence of water-borne litter or
debris, water-stained leaves or water lines on tree trunks (Figure 2). In the absence of physical
evidence or where the top of each bank is not clearly defined, the two year recurrence interval flood
elevation may be used to approximate the top of bank.
Figure 2: Top of Bank
Upland
–land not characterized by thepresence of riparian area, water bodies or wetlands.
Water Resource
-means a riparian, local, intermittent or ephemeral stream corridor or a wetland, as
distinguished from a riparian or wetland buffer, which extends upland from the Water Resource.
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Water Resources Map
–the adopted City of Ashland map which identifies the approximate locations
of Water Resources in Ashland including officially recognized streams and wetlands identified on
Ashland’ s Local Wetland Inventory.
Water Resource Protection Zone
-an area subject to the provisions of this chapter which includes a
Water Resource and an associated buffer of varying width, as established herein, located adjacent to the
Water Resource and in which certain human activities are regulated in order to protect the structure,
functions and values of the resource. Water Resource Protection Zone is a category including Stream
Bank Protection Zones and Wetland Protection Zones, and is used throughout this chapter to refer to
Stream Bank Protection Zones and Wetland Protection Zones.
Wetlands
-means those areas that are inundated or saturated by surface or ground water at a frequency
or duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands are a type of Water
Resource.
Wetlands, Locally Significant
–means those wetlands identified on the Water Resources Map and
determined “significant wetlands” using the criteria adopted the Oregon Department of State Lands
(DSL). Locally Significant Wetlands is a type of Wetland Protection Zone.
Wetlands, Possible
–means an area that appears to meet wetland criteria but is too small (less than a
half acre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the
Local Wetland Inventory. The Water Resources Map notes areas that are in the Possible Wetland
designation. However, there may be additional existing areas that meet the DSL wetland criteria, but
are not included on the Water Resources Map. Possible Wetlands is a type of Wetland Protection
Zone.
Wetland Boundary
-means a line marked on a map or flagged in the field that identifies the
approximate wetland/non-wetland boundary.
Wetland Buffer
–means anarea extending away from the outer delineated wetland boundary or
upland edge that is preserved for the purpose of protecting the functions and values of the wetland by
serving to reduce the adverse effects of adjacent land uses.
Wetland Delineation
-means a determination of wetland presence that includes marking the wetland
boundaries on the ground and/or on a detailed map prepared by professional land survey or similar
accurate methods.
Wetland Functions
–include wildlife habitat, fish habitat, water quality and hydrological control.
Wetland Protection Zone
–an area subject to the provisions of this chapter that includes all wetlands
determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional wetland
presence, and an associated buffer area of varying width, as established herein, located adjacent to the
wetland, and in which certain human activities are regulated in order to protect the structure and
functions of the wetland. A Wetland Protection Zone is a type of Water Resource Protection Zone.
There are two types of Wetland Protection Zones defined, established and protected in this chapter –
Locally Significant Wetlands and Possible Wetlands.
Wetland Protection Zone Boundary
-an imaginary line that is measured horizontally at a standard
distance upland from the delineated wetland boundary as required in section 18.63.050.
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Wetland Specialist
–means an individual who has the appropriate credentials verifying proven
expertise and vocational experience conducting wetland delineations.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.040Inventory of Ashland’ s Water Resources
The approximate locations of Ashland’ s Water Resources are identified on official maps adopted by
the City of Ashland and added to the Comprehensive Plan through Ordinance 2419 (May 1987),
Ordinance 2528 (July 1989) and Ordinance 2999 (December 2009). Because the Comprehensive Plan
maps are acknowledged to be approximate, the more precise wetland boundaries can be mapped, staked
and usedfor development review purposes without a modification of the Comprehensive Plan maps.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.050Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water Resources
to protect their integrity, function and value. The boundaries of the following Water Resource
Protection Zones shall be established by an on-site survey based upon the following standards.
Stream Bank Protection Zones.
A.The following types of Stream Bank Protection Zones are hereby
established to protect streams and their associated riparian resources. The approximate locations
of streams are identified on the Water Resources Map.
Riparian Corridor
1.–For streams classified as Riparian Corridor fish-bearing streams with
an annual average stream flow less than 1,000 cubic feet per second and on the Water
Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian
buffer consisting of all lands within 50 feet upland from the top of bank (Figure 3).
Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams
Local Streams
2.–For streams classified as non-fish-bearing Local Streams and on the Water
Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian
buffer consisting of all lands 40 feet from the centerline of the stream (Figure 4).
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Figure 4: Stream Bank Protection Zone for Local Streams
Intermittent and Ephemeral Streams
3.–For streams classified as Intermittent and
Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall
include the stream, plus a riparian buffer consisting of all lands within 30 feet from the
centerline of the stream (Figure 5).
Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams
Significant Wetland Presence
4.-Where a Stream Bank Protection Zoneincludes all or part of
a significant wetland as identified on official maps adopted by the City of Ashland, the distance
to the Stream Bank Protection Zone boundary shall be measured from, and include, the upland
edge of the wetland.
Determination of ProtectionZone
5.-The measurement of the Stream Bank Protection Zones
shall be a horizontal distance from the top of bank or from the center line of the stream as
specified above. For streams that were piped or culverted prior to the effective date of this
chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or the
width of any existing easement (e.g. drainage-way easement), whichever is greater.
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Wetland Protection Zones.
B.The following types of Wetland Protection Zones are hereby
established to protect wetland resources. The approximate locations of Locally Significant
Wetlands and Wetlands are identified on the Water Resources Map. The precise boundary of a
wetland and wetland buffer shall be established through conducting an on-site wetland delineation
and survey based upon the following standards.
Locally Significant Wetlands
1.–For wetlands classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands
within 50 feet of the upland-wetland edge (Figure 6). A wetland delineation prepared by a
qualified wetland specialist shall be submitted to the City of Ashland that graphically
represents the location of wetlands on a site plan map in accordance with section
18.63.110.A.3. An average buffer width of 50 feet may be utilized around the perimeter of a
significant wetland upon submission of evidence and a detailed plan by a natural resources
professional demonstrating that equal or better protection of the functions and values of the
resource will be ensured, and that there will be an enhanced buffer treatmentthrough the
implementation and maintenance of a restoration and enhancement plan within the buffer area.
Figure 6: Wetland Protection Zone for Locally Significant Wetlands
Possible Wetlands
2.–For wetlands not classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus all lands within 20 feet of the
upland-wetland edge (Figure 7). Possible Wetlands includes all areas designated as such on
the Water Resources Map and any unmapped wetlands discovered on site. A wetland
delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland
that graphically represents the location of wetlands ona site plan map in accordance with
section 18.63.110.A.3. An average buffer width of 20 feet may be utilized around the
perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural
resources professional demonstrating thatequal or better protection of the functions and values
of the resource will be ensured.
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Figure 7: Wetland Protection Zone for Possible Wetlands
Determination of ProtectionZone
3.-The measurement of the Wetland Protection Zone shall
be a horizontal distance from the upland-wetland edge as specified above.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.060Activities and uses Exempt from these Regulations
A.Exempt Activities Within Water Resource Protection Zones. The following activities and uses do not
require a permit or authorization under this chapter to be conducted or to continue in a Water Resource
Protection Zone. Exempt activities and uses may qualify as development as defined in section
18.62.030 (H) and may require a permit for development in Floodplain Corridor Lands Chapter.
Vegetation Maintenance, Planting and Removal
1.
Landscaping Maintenance.
a. Continued maintenance of existing vegetation such as landscaping,
lawn, gardens and trees.
Lawn.
b.Existing lawn within Water Resource Protection Zones may be maintained, but existing
lawn shall not be expanded and new lawn shall not be installed.
Tree Pruning.
c. Maintenance pruning of existing trees shall be kept to a minimum and shall be in
accordance with the Tree Preservation and Protection Chapter 18.61. Under no circumstances shall
the maintenance pruning be so severe that it compromises the tree’ s health, longevity, or resource
functions (i.e. shade, soil stability, erosion control, etc.)
Non-native, Noxious and Invasive Vegetation Removal.
d.Removal of non-native, noxious and
invasive vegetation, and replacement with local native plant species. The act of removing
non-native, noxious and invasive vegetation shall not result in the removal of native vegetation.
Local native plant species for both wetland and stream bank applications are identified on the City
of Ashland’ s Local Native Plant Species List, and noxious and invasive vegetation approved for
removal is identified on the City of Ashland’ s Prohibited Plant List. Removal and mowing of
blackberries shall occur before May 1 or after July 31 to protect nesting birds.
Hazardous Tree Removal.
e. Removal of a hazardous tree. A hazardous tree is a tree that is
physically damaged to the degree that it is likely to fall and injure persons or property. A permit for
Hazardous Tree Removal shall be processed under the procedures and approval criteria described
in the Tree Preservation and Protection Chapter 18.61.
In-channel Vegetation Removal.
f. Removal of emergent in-channel vegetation that is likely to
cause flooding using non-invasive methods such as mowing or weed-whacking that do not disturb
the underlying substrate. Mechanized removal of emergent in-channel vegetation that would
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involve associated removal of soil below the ordinary high water line is not permitted and would
otherwise be subject to state and federal wetland permitting requirements.
Routine Planting.
g.The planting of local native plant species or the replacement of non-native,
noxious and invasive plants with local native plant species. Local native plant species for both
wetland and stream bank applications are identified on the City of Ashland’ s Local Native Plant
Species List, and noxious and invasive vegetation approved for removal is identified onthe City of
Ashland’ s Prohibited Plant List.
Use of Hand-held Equipment or Machinery.
h.Use of hand-held equipment or machinery for
vegetation maintenance, planting and removal within Water Resource Protection Zones.
Use of Power-assisted Equipment or Machinery.
i. Use of power-assisted equipment or
machinery for vegetation maintenance, planting and removal within Water Resource Protection
Zones when soil disturbance and erosion are minimized by all of the following measures.
i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31, and
shall not occur during the remaining wet months of the year.
ii. The general topography of the Water Resource Protection Zone shall be retained.
iii. Soil compaction from construction equipmentshall be reduced by distributing the weight of
the equipment over a large area (e.g. laying lightweight geogrids, mulch, chipped wood,
plywood, OSB, metal plats or other materials capable of weight distribution in the pathway of
the equipment).
iv. Local native plant species shall not be damaged or removed.
v. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one
year and 90% after five years.
Building, Paving and Grading
2.
Testing.
a. Site investigative work with minimal surface area disturbance conducted by or required
by a city, county, state, or federal agency such as surveys, percolation tests, soil borings or other
similar tests.
Unpaved Trails.
b.The establishment of unpaved trails and related educational displays. Trail
width shall not exceed 36 inches, stair width shall not exceed 50 inches, and trail grade shall not
exceed 20% except for the portion of the trail containing stairs. Trails in public parks may be up to
72 inches in width to accommodate high pedestrian traffic areas. Trails construction within a
delineated wetland boundary shall be by permit in accordance with local, state and federal
permitting requirements and approved management plans.
Storm Water Treatment Facility Maintenance.
c. Routine maintenance of storm water treatment
facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in
order to maintain flow and prevent flooding when conducted in accordance with local, state and
federal permitting requirements and approved management plans. Multi-year maintenance plans
for existing storm water treatment facilities without previously approved management plans
require a Limited Activity and Use Permit in accordance with section 18.63.070.A.2.
Nonconforming Activities, Uses and Structures
3.–An activity, use or structure legally established
prior to the adoption of this chapter, which would be prohibited by this chapter or which would be
subject to the limitations and controls imposed by this chapter shall be considered a nonconforming
activity, use or structure, and may continue subject to the following provisions.
Nonconforming Structures.
a. Nonconforming structures within or partially within a Water
Resource Protection Zone may be maintained and used.
Expansion of Nonconforming Structures.
b.Expansion of the footprint of a nonconforming
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structure within or partially within a Water Resource Protection Zone if the expansion of the
footprint occurs outside the Water Resource Protection Zone and additional surface area in the
Water Resource Protection Zone is not disturbed. Additional stories may be added to
nonconforming structures if the existing building footprint with the Water Resource Protection
Zone is not changed in size or shape and additional surface area in the Water Resource Protection
Zone is not disturbed.
Replacement of Nonconforming Principal Buildings in Residential Zoning Districts.
c.
Nonconforming principal buildings within or partially within a Water Resource Protection Zone
and located in residential zoning districts may be replaced or rebuilt if the existing building
footprint within the Water Resource Protection Zone is not changed in size or shape and additional
surface area in the Water Resource ProtectionZone is not disturbed. Repair and reconstruction of a
nonconforming structure under this section shall be in accordance with the requirements of the
Flood Damage Prevention Regulations Chapter 15.10.
Replacement of Nonconforming Structures in Non-Residential Zoning Districts and
d.
Within Historic Districts.
Nonconforming structures within or partially within a Water Resource
Protection Zone, located in a non-residential zoning district and within a Historic District may be
replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is
not changed in size or shape and additional surface area in the Water Resource Protection Zone is
not disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in
accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10.
PreviouslyApproved Building Envelopes and Driveways.
e. Previously approved building
envelopes and driveways within or partially within a Water Resource Protection Zone may be built
as originally approved and do not have to meet the requirements of this chapter if the following
conditions are met:
i. Building permits are approved and construction is commenced within 36 months from the
effective date of this ordinance.
ii. The building envelope or driveway location was established and received City of Ashland
Planning Division approval prior the effective date of this ordinance.
iii. The building envelope is located on a vacant lot.
iv. The building envelopeis located on a lot which was created prior to the effective date of this
ordinance.
v. The driveway will provide access to a lot which was created prior to the effective date of this
ordinance.
Exemptions for Historic Public Parks and Properties.
f. Nonconforming activities, landscaping,
uses and structures included in Lithia Park, Blue Bird Park and Calle Guanajuato and located in the
Water Resource Protection Zone may be used, maintained and replaced, but shall not be expanded
or enlarged within the Water Resource Protection Zone. Repair and reconstruction of a
nonconforming structure under this section shall be in accordance with the requirements of the
Flood Damage Prevention Regulations Chapter 15.10.
City Emergency Activities
4.-Emergency repair authorized by the City Administrator or his/her
designee which must be undertaken immediately, or for which there is insufficient time for full
compliance with this chapter, in order to address at least one of the following.
a. Prevent an imminent threat topublic health or safety.
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
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Additional Exempt Activities and Uses within Stream Bank Protection Zones.
B.In addition to the
Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not require a permit
or authorization under this chapter to be conducted or to continue in a Stream Bank Protection Zone.
Fire Hazard Prevention
1.–Cutting or thinning of vegetation for fire hazard prevention provided that
the cutting or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent
with City standards for Wildfire Lands described in the Physical and Environmental Constraints
Chapter 18.62.
Stream Restoration and Enhancement
2.–Stream restoration and enhancement projects when all of
the following are met.
a. The restoration and enhancement results in a net gain in stream bank corridor functions.
b. Thelot is in a residential zoning district and occupied only by a single-family dwelling and
accessory structures.
c. The property has not undergone stream restoration and enhancement work in the past 12 months.
d. The restoration and enhancement project does not involve in-stream work.
e. The restoration and enhancement project may include minor earth moving activities involving
excavation or placement of up to five cubic yards of soil and earth-moving activity disturbing a
surface area of no more than 1,000square feet.
Fences
3.–Fences limited to open wire, electric or similar fence that will not collect debris or obstruct
flood waters, but not including wire mesh or chain link fencing, may be installed in the upland half of
the riparian buffer furthest away from the stream. Solid wood fencing is prohibited in Water Resource
Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section
18.62.070.K.
Outdoor Patio Areas
4.–Outdoor patio areas consisting of porous solid surfaces up to 150 square feet
in size per lot, but not including decks, may be constructed in the upland half of the riparian buffer
furthest away from the stream.
Public Utility Maintenance and Replacement
5.-Routine maintenance and replacement of existing
public utilities and irrigation pumps if work disturbs no more total surface area than the area inside the
public utility easement and up to an additional five percent surface area of the public utility easement
outside of the public utility easement.
Private Utility Maintenance and Replacement
6.-Routine maintenance and replacement of existing
private utilities and irrigation pumps.
Driveway and Street Maintenance and Paving
7.-Maintenance, paving and reconstruction of
existing public and private streets and driveways if work disturbs no more total surface area than the
area inside the street right-of-way or access easement and up to an additional five percent surface area
of the street right-of-way or access easement outside of the right-of-way or easement. Public streets
shall be located in public right-of-way or a public easement.
Additional Exempt Activities and Uses within Wetland Protection Zones.
C.In addition to the Exempt
Activities and Uses in section 18.63.060.A, the following activities and uses do not require a permit or
authorization under this chapter to be conducted or to continue in a Wetland Protection Zone.
Fire Hazard Prevention
1.–Perimeter mowing or thinning of vegetation only within the wetland
buffer for fire hazard prevention provided that the mowing or thinning is the minimum necessary to
alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in
the Physical and Environmental Constraints Chapter 18.62.
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Fences
2.–Fences limited to open wire, electric or similar fence that will not collect debris or obstruct
flood waters, but not including wire mesh or chain link fencing, may be installed in the wetland buffer.
Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated
floodplain shall conform to the requirements of section 18.62.070.K.
(Ord 3000, 2009)
(Ord 3045, amended, 03/15/2011; Ord 3000, added, 12/15/2009)
SECTION 18.63.070Limited Activities and Uses within Water Resource Protection Zones
The following activities and uses within Water Resource Protection Zones are allowed under a Type I
land use procedure provided the activities or uses comply with the approval standards set forth in
section 18.63.070.D.
Limited Activities and Uses within Water Resource Protection Zones.
A.
Use of Power-assisted Equipment or Machinery
1.–Use of power-assisted equipment or
machinery for vegetation maintenance unless otherwise exempted in section 18.63.060.A.1.i.
Multi-year Maintenance Plans
2.–Multi-year maintenance plans may be authorized as
follows for existing areas or storm water treatment facilities in Water Resource Protection
Zones which do not have a previously approved management plans.
Publicly and Commonly Owned Properties.
a.The routine restoration and enhancement of
publicly and commonly owned properties such as public parks and private open spaces.
Storm Water Treatment Facilities.
b.The ongoing routine maintenance of storm water
treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands in order to maintain flow and prevent flooding. Routine
maintenance of storm water treatment facilities in accordance with an approved
management plan is exempted as outline in section 18.63.060.A.2.c.
Building, Paving, and Grading Activities
3.-Permanent alteration of Water Resource
Protection Zones by grading or by the placement of structures, fill or impervious surfaces may
be authorized as follows.
New Public Access and Utilities.
a.The location and construction of public streets, bridges,
trails, multi-use path connections and utilities deemed necessary to maintain a functional
system and upon finding that no other reasonable, alternate location outside the Water
Resource Protection Zone exists. This title, the Comprehensive Plan, Transportation
System Plan, adopted utility master plans and other adopted documents shall guide this
determination.
New Private Access and Utilities.
b.The location and construction of private streets,
driveways and utilities to provide a means of access to an otherwise inaccessible or
landlocked property where no other reasonable, alternate location outside the Water
Resource Protection Zone exists.
Storm Water Treatment Facility Installation.
c.Installation of public and private storm
water treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands.
Replacement of Nonconforming Accessory Structures in Residential Districts and
d.
Replacement of Nonconforming Structures in Non-Residential Zoning Districts and
Outside Historic Districts.
Replacement of nonconforming structures located within or
partially within the original building footprint, except those nonconforming principal
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buildings exempted in section 18.63.060.A.3, provided replacement does not disturb
additional surface area within the Water Resource Protection Zone.
Additional Limited Activities and Uses within Stream Bank Protection Zones.
B.In addition to
the Limited Activities and Uses in section 18.63.070.A, the following activities and uses with the
Stream Bank Protection Zones are allowed under a Type I land use procedure provided the
activities or uses comply with the approval standards set forth in section 18.63.070.D.
Stream Restoration and Enhancement
1.–Restoration and enhancement projects resulting in
a net gain in stream bank corridor functions unless otherwise exempted in section
18.63.060.B.2. Restoration and enhancement activities not otherwise associated with
development involving building, grading or paving are encouraged, and planning application
fees associated with reviewing these activities for compliance with applicable land use
standards may be waived by the Staff Advisor.
Driveway and Street Maintenance and Paving
2.-Maintenance, paving, and reconstruction of
existing public and private streets and driveways if work disturbs more total surface area than
the area inside the street right-of-way or access easement and an additional five percent surface
area of the street right-of-way or access easement outside of the right-of-way or easement.
Public streets shall be located in public right-of-way or a public easement.
Public Facility Paving and Reconstruction
3.–Paving and reconstruction of public parking
areas and walkways if additional surface area in the Stream Bank Protection Zone is not
disturbed, the public facilities are deemed necessary to maintain a functional system and upon
finding that no other reasonable alternate location outside the Water Resource Protection Zone
exits.
Public Utility Maintenance and Replacement
4.-Routine maintenance and replacement of
existing public utilities and irrigationpumps if work disturbs more total surface area than the
area inside the public utility easement and an additional five percent surface area of the public
utility easement outside of the public utility easement.
Erosion Control
5.-Erosion control and stream bank stabilization measures that have been
approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers,
or other state or federal regulatory agencies, and that utilize non-structural bio-engineering
methods.
Storm Water Outfall
6.-Construction of a storm water outfall discharging treated storm water
from an adjacent developed area provided that the discharge meets local, state and federal
water quality regulations.
Bridges
7.-The installation of a bridge or similar, bottomless crossing structure for the purpose
of constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a
means of access to an otherwise inaccessible or landlocked property.
Flood Control Measures
8.-Installation or expansion of structural flood control measures,
including but not limited to concrete retaining walls, gabions, gravity blocks, etc., shall
generally be prohibited, but approved only if demonstrated that less-invasive, non-structural
methods will not adequately meet the stabilization or flood control needs.
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Additional Limited Activities and Uses within Wetland Protection Zones.
C.In addition to the
Permitted Activities and Uses in section 18.63.070.A, the following activities and uses with the
Wetland Protection Zones are allowed under a Type I land use procedure provided the activities or
uses comply with the approval standards set forth in section 18.63.070.D.
Wetland Restoration and Enhancement
1.-Wetland restoration and enhancement projects
resulting in a net gain in wetland functions. Wetland restoration and enhancement activities
not otherwise associated with development involving building, grading or paving are
encouraged, and planning application fees associated with reviewing these activities for
compliance with applicable land use standards may be waived by the Staff Advisor.
Driveway and Street Maintenance and Paving
2.-Maintenance, paving, and reconstruction of
existing public and private streets and driveways. Public streets shall be located in public
right-of-way or public easement.
Public and Private Utility Maintenance and Replacement
3.-Routine maintenance and
replacement of existing public and private utilities that disturb lands within the Wetland
Protection Zone.
Approval Standards for Limited Activities and Uses within Water Resource Protection
D.
Zones.
All Limited Activities and Uses within Water Resource Protection Zones described in
section 18.63.070 shall be processed as a Type I land use procedure. The approval authority may
approve or approve with conditions a request to conduct Limited Activities and Uses in a Water
Resource Protection Zone based upon findings that the following standards have been satisfied.
1.Allactivities shall be located as far away from streams and wetlands as practicable, designed to
minimize intrusion into the Water Resources Protection Zone and disturb as little of the surface
area of the Water Resource Protection Zone as practicable.
2.The proposed activity shall be designed, located and constructed to minimize excavation,
grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse
impacts on Water Resources.
3.On stream beds or banks within the bank fullstage, in wetlands, and on slopes of 25% or
greater in a Water Resource Protection Zone, excavation, grading, installation of impervious
surfaces, and removal of native vegetation shall be avoided except where no practicable
alternative exists, or where necessary to construct public facilities or to ensure slope stability.
4.Water, storm drain and sewer systems shall be designed, located and constructed to avoid
exposure to floodwaters, and to avoid accidental discharges to streams and wetlands.
5.Stream channel repair and enhancement, riparian habitat restoration and enhancement and
wetland restoration and enhancement will be restored through the implementation of a
mitigation plan prepared in accordance with the standards and requirements in section
18.63.120.
6.Long term conservation, management and maintenance of the Water Resource Protection Zone
shall be ensured through preparation and recordation of a management plan as described in
section 18.63.120.C, except a management plan is not required for residentially zoned lots
occupied only by a single-family dwelling and accessory structures.
(Ord 3000, added, 12/15/2009)
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SECTION 18.63.080Water Resource Protection Zone Reductions
A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use procedure,
and by greater than 25% and up to 50% through a Type II land use procedure to allow alteration within
the Water Resource Protection Zone based upon findings that the following approval criteria have been
satisfied.
A.The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone
through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side and
rear yard setbacks; required distance between buildings) to permit development as far outside or
upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable
dimensional standards shall be reviewed as part of the requested reduction, and shall not be subject
to a separate Variance application under Chapter 18.100. Reductions to dimensional standards
may not be used to reduce required Solar Access setbacks without evidence of agreement by the
effected property owner(s) to the north through a concurrent Solar Access Variance application as
described in section 18.70.060.
B.The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently
perform the proposed activity and/or use. The proposed development shall minimize disturbance
to the Water Resource Protection Zone by utilizing the following design options to minimize or
reduce impacts of development.
1.Multi-story construction shall be considered.
2.Parking spaces shall be minimized to no more than that required as a minimum for the use.
3.Pavement shall be minimized, and all pavement used shall be installed and maintained in a
pervious paving material.
4.Engineering solutions shall be used to minimize additional grading and/orfill.
C.The application demonstrates that equal or better protection for identified resources will be ensured
through restoration, enhancement and mitigation measures. The structures, functions and values
of the Water Resource will be restored through the implementation of a restoration and
enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and
requirements described in section 18.63.120.
D.Long term conservation, management and maintenance of the Water Resource Protection Zone
shall be ensured through preparation and recordation of a management plan as described in section
18.63.120.C, except a management plan is not required for residentially zoned lots occupied only
by a single-family dwelling and accessory structures.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.090Hardship Variances
Hardship Variances shall be processed as a Type II land use procedure. Hardship Variances are not
subject to the Variance requirements of Chapter 18.100. The approval authority may approve or
approve with conditions a request for a Hardship Variance based upon findings that the following
approval criteria have been satisfied.
A.The application of this chapter unduly restricts the development or use of the lot, and renders the lot
not buildable.
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B.The proposed activity or use of land would have been permitted prior to the effective date of this
ordinance.
C.The applicant has explored all other reasonable options available under this chapter and throughout
the Ashland Land Use Ordinance to relieve the hardship.
D.Adverse impacts on the structures, functions or values of the resource including water quality,
erosion, or slope stability that would result from approval of this Hardship Variance have been
minimized and will be mitigated to the greatest extent possible through restoration and
enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared
in accordance with the standards and requirements in section 18.63.120.
E.Longterm conservation, management and maintenance of the Water Resource Protection Zone
shall be ensured through preparation and recordation of a management plan as described in section
18.63.120.C, except a management plan is not required for residentially zoned lots occupied only
by a single-family dwelling and accessory structures.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.100Approval Standards for Land Divisions and Property Line Adjustments
within Water Resource Protection Zones
Planning actions and procedures containing Water Resource Protection Zones and involving the
division of land or lot line adjustments shall comply with the following provisions and shall include the
plan requirements in section 18.63.110.A.3.
Building Envelope Established.
A.Each lot shall contain a building envelope outside the Water
Resource Protection Zone of sufficient size to permit the establishment of the use and associated
accessory uses.
Conservation Area.
B.Performance Standards Option Subdivision,Subdivision, Partition, and Site
Design Review applications shall include the Water Resource Protection Zone within a
conservation easement or recorded development restriction, which stipulates that the use or activity
within the Water Resource Protection Zone shall be consistent with the provisions of this chapter.
The approval authority may require that the Water Resource Protection Zone be included in a
separate tract of land managed by a homeowners’ association or other common ownership entity
responsible for preservation.
Density Transfer
C.. Density calculated from the land area contained within the Water Resource
Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided
the following standards are met.
1.Partitions and subdivisions involving density transfer shall be processed under the
Performance Standards Options Chapter 18.88.
2.A map shall be submitted showing the land area not within the Water Resource Protection Zone
to which the density will be transferred.
3.The Water Resource Protection Zone shall be included in a separate preservation tract to be
managed by a homeowner’ s association or other common ownership entity responsible for
management of the area.
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4.Density may only be transferred within the subject property or to a lot or lots contiguous to the
subject property and within the same ownership.
5.The density transferred to lands not within the Water Resource Protection Zone may not be
increased to more than one and a half times the base density of the underlying zoning district.
Fractional units are to be rounded down to the nearest whole number.
Management Plan.
D. Long term conservation, management and maintenance of the Water
Resource Protection Zone consistent with the requirements of this chapter shall be ensured through
preparation and recordation of a management plan as described in section 18.63.120.C.
Mitigation Requirements.
E.The approval authority may require a mitigation plan in accordance
with the requirements of section 18.63.120to mitigate impacts resulting from land divisions.
Exemptions for a Public Purpose.
F.An exemption to the requirements described above shall be
granted for lots created for public park purposes, or privately-owned tracts created for the sole
purpose of conserving in perpetuity the natural functions and values of the lands contained within
the Water Resource Protection Zone.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.110Plan Requirements
Required Plans and Information.
A.The following plans and information shall be submitted with
the application for activities and uses in a Water Resource Protection Zone which are required to be
processed under a Type I or Type II land use procedure including Limited Activities and Uses,
Water Resource Protection Zone Reductions and Hardship Variances.
1.A narrative description of all proposed activities and uses including the extent to which any
Water Resource Protection Zone is proposed to be altered or affected as a result of the proposed
development activity or use (in terms both of square footage of surface disturbance and cubic
yards of overall disturbance).
2.Written findings of fact addressing all applicable development standards and approval criteria.
3.Site development plan map, drawn to scale -The application shall include a site map of the
subject property prepared by a licensed surveyor, civil engineer or other design professional
that includes the information described below. The Staff Advisor may request additional
information based upon the character of the site or the specific nature of the proposal.
a.All watercourses identified (including any drainage ways, ponds, etc).
b.Surveyed location of the Water Resource Protection Zone, as described in section
18.63.050. For applications involving single-family residences or Limited Activities
and Uses, in lieu of a surveyed location, the Staff Advisor may approve a field
determination of the Water Resource Protection Zone by the Staff Advisor or his/her
designee in which the applicant shall be required to stake the top-of-bank or the
upland-wetland edge and the boundary of the Water Resource Protection Zone.
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c.For activities and use proposed within a Stream Bank Protection Zone: identification of the
stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or
center line as required; and surveyed location of the stream’ s floodway and floodplain, if
applicable.
d.For activities and uses proposed within a Wetland Protection Zone: a wetland delineation
(with an accompanying site map) prepared by a natural resource professional and that has
been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo
with the wetland boundaries identified.
e.Topographic information at two foot contour increments identifying both existing grades
and proposed grade changes.
f.Surveyed locations of all trees six inches in diameter at breast height (dbh) or greater
located in the Water Resource Protection Zone and within 15 feet of the Water Resource
Protection Zone, identified by edge of canopy, diameter at breast height and species;
g.The outlines of non-tree vegetation, with a dominant species and any occurrence of
non-native, invasive species identified.
h.Location of existing and proposed development, including all existing and proposed
structures, any areas of fill or excavation, stream or wetland crossings, alterations to
vegetation, or other alterations to the site’ s natural state.
i.The location of natural features, proposed and existing structures, and other proposed and
existing improvements associated with lands within 100 feet of the Water Resource
Protection Zone.
j.Proposed and existing land uses within 100 feet of the Water Resource Protection Zone.
k.The location of temporary fencing and erosion control measures installed to prevent
encroachment and flow of material into the Water Resource Protection Zone, such as
sediment fencing and hay bales, etc.
l.North arrow and scale.
m.Sources of information (federal, state and local).
4.Mitigation Plan prepared in accordance with the requirements described in section 18.63.120.
5.Management Plan prepared in accordance with the requirements described in section
18.63.120.C., except a management plan is not required for residentially zoned lots occupied
only by a single-family dwelling and accessory structures.
Building Permits and Development Activities.
B.When approval of a planning action is not
required, other permit applications for the construction of structures or other development activities
on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor
to assure that Water Resource Protection Zones are accurately identified on a site plan and that
Limited Activities and Uses or other site disturbances will not be conducted within the Water
Resource Protection Zone.
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Temporary Fencing and Erosion Control Measures
1.-Temporary fencing and erosion
control measures may be required to be installed to prevent encroachment and flow of material
or other debris into the Water Resource Protection Zone and to otherwise prevent impacts to
the Water Resource Protection Zone by clearly identifying its boundaries. When required,
these measures shall be installed and site-verified by the Staff Advisor before any permits are
issued and prior to the commencement of excavation, grading, site clearing, construction or
similar site work resulting in changes to the land.
Required Information Waived –Determination.
C.Applications under this chapter involving
properties containing a Water Resource Protection Zone shall accurately indicate the locations of
these features and all other information as described and required above. The Staff Advisor may
waive one or more of the required elements of the site development plan map in section
18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation,
grading, site clearing, construction or similar actions resulting in changes to the property are not
located within the boundaries of the Water Resource Protection Zone.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.120Mitigation Requirements
Vegetation Preservationand Construction Staging.
A.The following standards shall be addressed in
mitigation plans to protect vegetation identified for preservation and water resources from
sedimentation when construction activity is proposed within a Water Resources Protection Zone.
1.Work areas on the immediate site shall be identified and marked to reduce damage to trees and
vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering
the work area. No equipment maneuvering, staging or stockpiling shall occur outside of
designated work areas.
2.Trees shall not be used as anchors for stabilizing equipment.
3.Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource
Protection Areas on a permanent basis. Temporary storage shall employ erosion control
measures to ensure sediments are not transported to adjacent surface waters.
4.Temporary erosion control measures shall be installed to prevent encroachment and flow of
runoff, material or other debris into the Water Resource. These measures shall be installed
prior to the commencement of excavation, grading, site clearing, construction or similar site
work resulting in changes to the land. Access roads, staging areas, storage areas and other
areas of temporary disturbance necessary to complete the proposed activity shall be restored as
soon as possible, but not more than 90 days after authorized land disturbance. Erosion control
measures shall be in place concurrently with construction or establishment of the proposed
activity. Temporary measures used for initial erosion control shall not be left in place
permanently.
Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans.
B.
Mitigation plans are required to meet the standards in either the Prescriptive Option or Alternative
Option as follows.
Prescriptive Option
1.The mitigation plan shall meet the following standards.
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Re-planting Timeline.
a.Re-planting shall occur within 90 days of authorized land
disturbance.
Restoration Area Ratio.
b.Disturbed areas shall be re-planted and an additional area
restored, re-planted and enhanced at a one square foot to one and a half square feet (1:1.5)
ratio (e.g. if 100 square feet of surface area is disturbed, 150 square feet shall berestored,
re-planted and enhanced).
Local Native Plant Species Coverage.
c.The Stream Bank Protection Zone shall be a
minimum of 50% plant coverage in local native plant species with the installation of new
trees only to consist of native trees (Figures 8, 9 and 10). The Wetland Protection Zone
shall be 100% plant coverage in local native plant species and in accordance with local,
state and federal approved management plans. Local native plant species for stream bank
and wetland applications are identified on the City of Ashland’ s Local Native Plant
Species List. The use of noxious and invasive plants on the City of Ashland’ s Prohibited
Plant List in Water Resource Protection Zones is prohibited.
Figure 8: Native Plant Requirements for Riparian Corridor Streams
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Figure 9: Native Plant Requirements for Local Streams
Figure 10: Native Plant Requirements for Intermittent and Ephemeral Streams
Re-planting Priorities.
d.
i.Priority shall be given to removal of noxious and invasive vegetation and planting of
local native plant species.
ii.Plant materials shall be located in such a manner as to maximize enhancement and
restoration of the Water Resource Protection Zone, with particular emphasis on
temperature reduction of watercourses, erosion control, bank stabilization and wildlife
habitat enhancement.
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iii.Nearby riparian plant communities should be used as a guide for developing a
re-vegetation plan.
Shrub and Tree Requirements
e.. Re-planting shall include shrubs and tree canopy layers
in accordance with the following coverage and spacing requirements,.
i.Shrubs shall be planted and maintained to provide a minimum of 50% total coverage of
the restored area within a five year period. The minimum planting size shall beone
gallon. Restoration areas that have existing vegetated under-story consisting of
healthy riparian shrubs that covers at least 50% of the restoration area are considered
compliant with the restoration standards for under-story plantings.
ii.Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be
one inch caliper. All new trees shall be staked and protected by deer/rodent-proof
fencing. Restoration areas that have an existing vegetated tree canopy consisting of
healthy trees at least four inches d.b.h. and at an average spacing of 20 feet on–center
are considered compliant with the restoration standards for trees.
Erosion Control
f.. Erosion control material such as mulch, hay, jute-netting, or comparable
material shall be applied to protect disturbed, re-planted areas. Disturbed areas shall be
replanted so that landscaping shall obtain 50% coverage after one year and 90% coverage
after five years.
Irrigation.
g.New plantings shall be irrigated for a period of fiveyears to ensure
establishment.
Performance.
h.Local native plant species that do not survive the first two years after
planting shall be replaced.
Landscape and Irrigation Plans
i.. A mitigation plan shall include landscape and
irrigation plans, withdetails addressing the proposed plant species, variety, size of plant
materials, number of plants, timing of plantings, plant spacing and installation methods.
The landscape plan shall address the plant coverage by local native plant species after five
years.
Alternative Option
2.–The mitigation plan shall address the following requirements, and shall
meet or exceed the standards in the Prescription Option in section 18.63.120.B.1. The Staff
Advisor may require the mitigation plan to be prepared by a natural resource professional.
Assessment of Water Resource Protection Zone Structures, Functions and Values.
a.A
mitigation plan shall include an assessment of the structures, functions and values (i.e.
water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed
alterations of the Water Resource Protection Zone and a clear explanation of how these
impacts are to be mitigated.
Objectives and Standards of Mitigation.
b.A mitigation plan shall state specific plan
objectives and establish clear and measurable standards for determining if stated objectives
have been accomplished. For example, the objective might be to restore or enhance the
shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water
temperature, while the standard might be a certain percentage of shade canopy coverage at
the end of one year and 100% shade canopy coverage after three years.
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Mitigation Site/Grading Plan
c.. A statement and detailed plan of the location, elevation,
and hydrology of the mitigation area, including a grading plan at two foot contour intervals.
For applications involving Wetland Protection Zones, the application shall demonstrate
that plants have adequate access to site hydrology. For applications involving Stream Bank
Protection Zones, the grading plan shall identify newly planted areas and include slope
stabilizing measures to prevent erosion, ensure vegetative coverage and limit plant
mortality.
Landscape Plan.
d.The Stream Bank Protection Zone shall be a minimum of 50% plant
coverage in local native plant species with the installation of new trees only to consist of
native trees (Figures 8, 9 and 10). The Wetland Protection Zone shall be 100% plant
coverage in local native plant species and in accordance with local, state and federal
approved management plans. Local native plant species for stream bank and wetland
applications are identified on the City of Ashland’ s Local Native Plant Species List. The
use of noxious and invasive plants on the City of Ashland’ s Prohibited Plant List in Water
Resource Protection Zones is prohibited. The landscape plan shall address the plant
coverage by local native plant species after five years, and shall be size and
species-specific, with details addressing the timing of plantings, proposed plant placement
and plant spacing.
Management Plan.
C.The applicant shall implement a management plan for the Water Resource
Protection Zone and resource areas under the applicant’ s ownership or control, including the areas
restored and enhanced to assure long term conservation and maintenance. The management plan
shall detail proposed monitoring and maintenance, and shall include a schedule delineating how
completed projects will be monitored and reported to the Staff Advisor. The management plan
shall contain the following requirements.
1.The approved mitigation plan.
2.Identification of Water Resources and Water Resource Protection Zone management practices to
be conducted and proposed intervals.
3.The following statements.
a.“There shall be no alteration of the Water Resource Protection Zones as delineated and
shown on the attached plan” (attach reduced plan).
b.“There shall be no alteration of the size, shape or design of an approved Water Resource
ProtectionZone without prior approval by the City of Ashland”.
c.“There shall be no amendment or change to this Management Plan without prior approval
of the City of Ashland”.
4.Provisions for the ongoing removal and management of noxious or invasive vegetation and
debris.
5.Provisions for the protection of protected plant and animal species in accordance with
recommendations from applicable state and federal agencies.
6.Specific provisions for city enforcement of the management plan.
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7.Any additional measures deemed necessary to protect and maintain the structures, functions
and values of the Water Resource Protection Zone (e.g. signage delineating preservation
boundaries).
8.Provisions for the perpetual protection and maintenance of the Water Resource and Water
Resource Protection Zone including but not limited to the following.
a.Recordation of a conservation easement or Conditions, Covenants, and Restrictions
(CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning
application, development permit, building permit, or proposed public facilities plans, and
any imposed by state or federal permits.
b.Transfer of the ownership and maintenance responsibilities for the area to a willing public
agency, non-profit association or private conservation organization with a recorded
conservation easement prescribing the conditions and restrictions set forth in the approved
planning application, development permit, building permit, or proposed public facilities
plans, and anyimposed by state or federal permits.
c.Other mechanisms addressing long-term protection, maintenance and mitigation consistent
with the purposes and requirements of this ordinance as deemed appropriate and acceptable
by the approval authority.
APerformance Guarantee.
D.In general, mitigation shall be implemented prior to or concurrently
with the project. The approval authority may require a performance bond or similar monetary
insurance of up to 110% of the proposal’ s cost to guarantee that the mitigation proposal will be
carried out as approved, and to ensure that the objectives are met through demonstration of
compliance with measurable standards and that the site will be maintained to keep the Water
Resource functioning properly.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.130Map Errors and Adjustments
Map Errors and Adjustments.
A.The Staff Advisor may authorize a correction to a wetland on the
Water Resources Map when the applicant has shown that a mapping error has occurred and the
error has been verified by the Oregon Department of State Lands (DSL). Delineations verified by
DSL shall be used to automatically update the Water Resources Map and record the wetland
delineation document. No formal variance application or plan amendment is required for map
corrections where an approved delineation with a DSL letter of concurrence is provided.
Approved delineations shall be subject to the terms of expiration set forth in the DSL approval.
(Ord 3000, added, 12/15/2009)
SECTION 18.63.140Enforcement and Penalties
Fine.
A.A violation of any provision of this chapter, a permit issued under this chapter or any
condition of a permit issued under this chapter shall be a violation as defined by General Penalty
Chapter 1.08 and punishable by a fine as set forth in that section.
Mitigation and Management.
B.Within 30 days of notification by the City of Ashland Planning
Division of a violation of a provision of this chapter or any condition of a permit issued under this
chapter, mitigation shall be required and the Staff Advisor may require the property owner to
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submit a mitigation plan prepared by a natural resource professional and in accordance with section
18.63.120.B.
C.Enforcement Fee.
In addition to a fine, the court may impose an enforcement fee as restitution
for the enforcement costs incurred by the City. This fee may be imposed upon any person who
violates any provision of this chapter or who violates any permit or condition of any issued permit
under this chapter. The fee shall be in an amount established by resolution of the City Council.
(Ord 3000, added, 12/15/2009)
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CHAPTER 18.64
SOUTHERN OREGON UNIVERSITY
SECTIONs:
18.64.010Purposes
18.64.015Definitions
18.64.020Permitted Uses
18.64.030Conditional Uses
18.64.040General Regulations.
SECTION 18.64.010Purposes
This district is designed to provide for the unique needs of SOU as a State educational institution
functioning within the planning framework of the City. It can be applied to all areas now or hereinafter
owned by the State of Oregon acting by and through the State Board of Higher Education and Southern
Oregon University and located within the SOU boundary, as shown on the SOU Plan, adopted by SOU and
approved by the City. (ORD 2951, 2008)
(Ord 3015, amended, 06/01/2010; ORD 2951, amended, 07/01/2008)
SECTION 18.64.015Definitions
For purposes of this Chapter, the term “SOU Plan” means the Campus Master Plan Update for Southern
Oregon University dated 12 April 2010, with all conditions added by the City Planning Commission and
City Council as adopted and incorporated into the Ashland Comprehensive Plan by Ordinance No 3014 on
June 1, 2010.
(Ord 3015, amended, 06/01/2010)
SECTION 18.64.020Permitted Uses
A. Uses permitted outright are all those which are directly related to the educational functions of SOU,
provided that such uses are indicated and located in conformance with the adopted and City approved SOU
Plan, and are greater than fifty (50) feet from privately owned property.
B. Wireless Communication Facilities authorized pursuant to Section 18.72.180
(Ord 3015, amended, 06/01/2010; ORD 2951, amended, 07/01/2008)
SECTION 18.64.030Conditional Uses
A. Any use, site design, or construction or alteration of same not agreed upon in advance by the
City and SOU in the SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately-owned property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not permitted outright and authorized pursuant to Section18.72.180
(Ord 3015, amended, 06/01/2010; ORD 2951, amended, 07/01/2008)
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SECTION 18.64.040General Regulations.
This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of this Title, are the only
portions of the Title to be effective within the SOU zone, except for areas within fifty (50) feet of
privately-owned land, which are subject to the Chapter on Conditional Use Permits. In addition, the
creation or vacation of public streets or public ways shall be subject to mutual agreement between the City
and SOU and all other applicable laws.
(Ord 3015, amended, 06/01/2010; ORD 2951, amended, 07/01/2008)
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CHAPTER 18.68
GENERAL REGULATIONS
SECTIONs:
18.68.010Fences
18.68.020Vision Clearance Area
18.68.030Access.
18.68.040Yard Requirements
18.68.050Arterial Street Setback Requirements
18.68.070Land Surveys.
18.68.080Commercial Excavation--Removal of Earth Products.
18.68.090Nonconforming Uses and Structures
18.68.100Slope; Hillside Protection. Repealed in its entirety, Ord. 2528, 7/5/89.
18.68.110Front Yard—General Exception
18.68.120Utilities.
18.68.130Lot Size Requirements--General Exception.
18.68.140Accessory Buildings and Structures
18.68.150Waiver of Right to Remonstrate and Consent to Participate in Costs of
Improvements.
18.68.160Driveway Grades.
SECTION 18.68.010Fences
Fences, walls, hedges and screen planting shall be subject to the following standards:
A.Height.
1.In any required front yard, provided they do not exceed three and one-half (3 ½) feet inheight.
2.In any rear or side yard, provided they do not exceed six and one-half (6 ½) feet in height.
3.The height of fences or walls in rear or side yard setback areas abutting a public street shall be
four (4) feet or less if said fences or walls are within ten (10) feet of any public street except an
alley.
4.The height of a fence is the vertical distance measured from the natural grade to the highest
point of the fence, including the structural supports.
a.Below-Grade lots. On lots that are notgenerally level with the adjacent street, height may
be measured from the top of the adjacent sidewalk or curb, or, where curbs are absent, from
the crown of the adjacent street plus six inches.
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b.When fences are built on top of retaining walls, or one lot is markedly higher than an
adjacent lot, height shall be measured from the highest adjacent grade, except that the solar
access of adjacent properties to the north shall be maintained in accordance with AMC
18.70.
B.Construction
1.The framework for newly constructed fences and walls shall face toward the builder's property,
except where fences are jointly constructed.
2.Fences shall lean at an angle from the vertical plane no greater than five (5%) percent. In
cases where this limitation is exceeded and a written complaint is received by the Planning
Department, the property owner shall be notified, in writing, of the problem. The Planning
Department shall take action only on the basis of a written complaint, or on its own action.
3.Fences shall not be constructed across any waterway or stream identified on the official maps
adopted pursuant to Section 18.62.070. Fences shall not be constructed within any designated
floodway. Fences within water resource protection zones shall be located and constructed in
accordance with Section 18.63.060.B.3
C.Materials
1.The use of barbed wire, razor wire, electrified wire and similar security fencing materials shall
be limited as follows:
a.shall not be located adjacent to a sidewalk, a public way, or along the adjoining property
line of another person;
b.shall not be erected or maintained at less than six and a half (6 ½ ) feet above grade;
c.may be located in commercial, employment or industrial lands if not visible from the
public right of way, or with approval from the Community Development Director on
properties deemed to be hazardous or in need of additional safety.
D.Deer Fencing
1.Deer fencing may be attached to a permitted front, side, or rear yard fences provided the area in
excessof the allowable fence heights per 18.68.010 is designed and constructed to provide a
clear view through the fence.
a.Within required front yards at least eight five percent (85%) of the surface shall be
unobstructed to both light and air when viewed perpendicular to the place of the fence.
b.Within required side and rear yards at least eighty percent (80%) , of the surface shall be
unobstructed to both light and air when viewed perpendicular to the place of the fence.
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2.Deer fencing shall have a minimum height of six and a half feet (6 ½ ) and shall not exceed
eight feet (8) above grade.
3.Permitted deer fencing materials may include, woven wire fencing, field fence, “hog
panels”, wire strand of polypropylene mesh net that is open and visible through the
material. Within front yards all mesh material shall have a minimum open diameter of
one and a half (1 ½ ) square inches.
4.Deer fencing shall be supported by structural supports, or tension wires, that run along the
top of the fence to prevent sagging.
5.Chain link fences shall not be considered to be deer fences under this section even if they
meet the criteria above.
(Ord 3060, amended, 04/17/2012)
SECTION 18.68.020Vision Clearance Area
Vision clearance areas shall be provided with the following distances establishing the size of the vision
clearance area:
A.In any R district, the minimum distance shall be twenty-five (25) feet or, at intersections including an
alley, ten (10) feet.
B.In all other districts except the C-1, E-1, and CM,the minimum distance shall be fifteen (15) feet or, at
intersections, including an alley, ten (10) feet. When the angle of intersection between streets, other
than an alley, is less than thirty (30) degrees, the distance shall be twenty-five (25) feet.
C.The vision clearance area shall contain no plantings, fences, walls, structures, or temporary or
permanent obstructions exceeding two and one-half (2 ½) feet in height, measured from the top of the
curb, except that street trees exceeding this height may be located in this area, provided all branches and
foliage are removed to a height of eight (8) feet above the grade.
D.The vision clearance standards established by this section are not subject to the Variance section of this
title. (Ord. 2605, S1, 1990)
(Ord 3036, amended, 08/17/2010)
SECTION 18.68.030Access.
Each lot shall abut a minimum width of forty (40) feet upon a public street (other than an alley). This
requirement may be decreased to twenty-five (25) feet on a cul-de-sac vehicle turn-around area. Except
with an approved flag partition, no lot shall abut upon a street for a width of less than twenty-five (25) feet.
SECTION 18.68.040Yard Requirements
All yard measurements to and between buildings or structures or for the purposeof computing coverage or
similar requirements shall be made to the building or nearest projection. Architectural projections may
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intrude eighteen (18) inches into required yards. Eaves and awnings may intrude three feet (3’ ) into
required yards.
(3060, amended, 04/17/2012; ORD 2951, amended, 07/01/2008)
SECTION 18.68.050Arterial Street Setback Requirements
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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.68.070Land Surveys.
Before any action is taken pursuant to this Title which would cause adjustments or realignment of property
lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey
pins or by a survey performed by a licensed surveyor.
SECTION 18.68.080Commercial Excavation--Removal of Earth Products.
A.Before a Conditional Use Permit for the commercial excavation and removal of earth products can be
granted, plans and specifications showing the location of premises, grading plan, existing and proposed
drainage, proposed truck access, and details of regrading and revegetation of the site shall be submitted
to, and approved by, the Planning Commission.
B.Any deviation from the plans as approved will serve as grounds to revoke the Conditional Use Permit.
C.In reviewing the application, the Planning Commission may consider the most appropriate use of the
land, distances from property lines, the protection of pedestrians and vehicles, the prevention of the
collection and stagnation of water at all stages of the operation, and the rehabilitation of the land upon
termination of operation.
D.A bond may be required to ensure performance.
E.Any expansion of a nonconforming commercial excavation shall require a Conditional Use Permit.
An expansion is defined as removal of additional undisturbed topsoil or vegetation or otherwise
enlarging the area which had been mined, commonly referred to as the quarry face or active quarry area.
(Ord. 2290 S2, 1984)
SECTION 18.68.090Nonconforming Uses and Structures
A.A non-conforming use or structure may not be enlarged, extended, reconstructed, substituted, or
structurally altered, except as follows:
1.When authorized in accordance with the same procedure as provided in Conditional Use Chapter
18.104 and the criteria of Section 18.104.050(B and C), a nonconforming use maybe changed to
one of the same or a more restricted nature, except that a Conditional Use Permit need not be
obtained when the use is changed to a permitted use within the zoning district.
2.When authorized in accordance with the same procedure as provided in Conditional Use Chapter
18.104 and the criteria of Section 18.104.050(B and C), nonconformingstructure may be enlarged,
extended, reconstructed or the footprint modified, except that a Conditional Use Permit need not be
obtained when the addition or extension meets all requirements of this Title.
3.A non-conforming structure may be restored or rehabilitatedif is not changed in size or shape,
provided that the use of the structure is not changed except if in conformance with the procedures
of Section18.68.090.A.1 above.
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4.Nothing in this section shall be deemed to prevent the normal maintenance and repair of a
non-conforming structure or its restoration to a safe condition when declared to be unsafe by any
official charged with protecting public safety.
5.A legal nonconforming structure or nonconforming use that is damaged to an extent of 50% or
more of its replacement cost may be restored only if the damage was not intentionallycaused by the
property owner and the nonconformity is not increased. Any residential structure(s), including
multiple-family, in a residential zone damaged beyond 50% of its replacement cost by a
catastrophe, such as fire that is not intentionally caused by the owner, may be reconstructed at the
original density provided thereconstruction is commenced within 2 years after the catastrophe.
Discontinuance.
B.If the nonconforming use of a building structure, or premises ceases for a period of
six (6) months or more, said use shall be considered abandoned; and said building, structure, or
premises shall thereafter be used only for uses permitted in the district in which it is located.
Discontinuance shall not include a period of active reconstruction following a fire or other result of
natural hazard; and the Planning Commission may extend the discontinuance period in the event of
special unique unforeseen circumstances.
Reactivation.
C.A non-conforming use, which has been abandoned for a period of more than six (6)
months may be reactivated to an equivalent or more restricted use through the Conditional Use and Site
Review process. In evaluating whether or not to permit the reactivation of a non-conforming use, the
Planning Commission, in addition to using the criteria required for a Conditional Use Permit and Site
Review, shall also use the following additional criteria:
1.That any improvements for the reactivation of the non-conforming use on the site shall be less than
fifty (50%) percent of the value of the structure. The value of the structure shall be determined by
an independent real estate appraiser licensed in the State of Oregon. The value of the
improvement shall be determined based upon copies of the contractor’ s bid for said improvements,
which shall be required with the Conditional Use permit application. Personal property necessary
for the operation of the business or site improvements not included in the structure shall not be
counted as improvements under this criterion.
2.An assessment that the traffic generated by the proposed use would not be greater than permitted
uses on the site. In assessing the traffic generated by the proposed use, the Planning Commission
shall consider the number of vehicle trips per day, the hours of operation, and the types of traffic
generated; i.e., truck or passenger vehicle. The Planning Commission shall modify the
Conditional Use Permit so that the operation of the non-conforming use is limited to the same
traffic impact as permitted uses in the same zone.
3.That the noise generated by the proposal will be mitigated so that it complies with the Ashland
Noise Ordinance, Chapter 9.08.170, and also that itdoes not exceed the average ambient noise level
already existing in the area, as measured by this standard.
4.That there will be no lighting of the property which would have direct illumination on adjacent uses
and that there would be no reflected light from the property greater than the amount of reflected
light from any permitted use in that same zone.
5.In a residential zone the findings must further address that such reactivation will further implement
Goal VI, Policy 2, Housing Chapter of the Ashland Comprehensive Plan.
6.Nothing herein shall apply to non-conforming signs, which are governed by the provisions of
Section 18.96.150 of this Code.
Building or structure:
D.Nothing contained in this Title shall require any change in the plans,
construction, alteration, or designated use of a structure for which a building permit has been issued and
construction has commenced prior to the adoption of the ordinance codified herein and subsequent
amendments thereto, except that if the designated use will be nonconforming, it shall, for the purpose of
subsection (B) of this Section, be a discontinued use if not in operation within two (2) years of the date
of issuance of the building permit.
(ORD 2951, amended, 07/01/2008)
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SECTION 18.68.100Slope; HillsideProtection. Repealed in its entirety, Ord. 2528, 7/5/89.
Front Yard—General Exception
SECTION 18.68.110
A.If there are dwellings or accessory buildings on both abutting lots (even if separated by an alley or
private way) with front or side yards abutting a public street with less than the required setback for the
district, the front yard for the lot need not exceed the average yard of the abutting structures.
B.If there is a dwelling or accessory building on one (1) abutting lot with a front yard of less than the
required depth for the district, the front yard need not exceed a depth one-half (½) way between the
depth of the abutting lot and the required front yard depth.
C.The front yard may be reduced to ten (10) feet on hillside lots where the terrain has an average steepness
equal to, or exceeding a one (1) foot rise or fall in four (4) feet of horizontal distance within the entire
required yard, said vertical rise or fall to be measured from the natural ground level at the property line.
(ORD 2951, amended, 07/01/2008)
SECTION 18.68.120Utilities.
Except as provided in Chapter 18.72 for wireless communication systems, the erection, construction,
alteration, or maintenance by public utility or municipal or other government agencies of underground or
overhead gas, electrical, steam or water transmission or distribution systems, collection, communication,
supply or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police equipment and accessories in connection therewith, but not includingbuildings or
satellite disc antennas, shall be permitted in any district, subject to the normal permit process. Utility
transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in
this Title, except in theAirport Overlay District. (Ord. 2457 S1, 1988; ORD 3802 S3, 1997)
SECTION 18.68.130Lot Size Requirements--General Exception.
If a lot or the aggregate of contiguous lots or land parcels held in single ownership and recorded in the office
of the CountyClerk at the time of passage of the ordinance codified herein, has an area or dimension which
does not meet the lot size requirements of the district in which the property is located, the lot or aggregate
holdings may be occupied by a use permitted outright in the district subject to all other requirements,
provided it complied with all ordinances when it was recorded.
SECTION 18.68.140Accessory Buildings and Structures
Accessory buildings and structures shall comply with all requirements for the principal use except where
specifically modified by this Title and shall comply with the following limitations:
A.A greenhouse or hothouse may be maintained accessory to a dwelling in an R district.
B.A guest house may be maintained accessory to a single-family dwelling provided there are no
kitchen cooking facilities in the guest house.
C.An enclosure housing micro-livestock may be maintained in a residential district provided the
following conditions are met:
1.Enclosures housing micro-livestock shall be constructed as follows:
a.they shall not be located in a required front yard
b.they shall be setback a minimum of ten (10) feet from abutting properties
c.they shall be at least twenty (20) feet from dwellings on adjoining properties
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d.structures shall not exceed six (6) feet in height
e.chicken coops and rabbit hutches shall not exceed forty (40) square feet in area, or four (4)
square feet per animal, whichever is greater
f.chicken and rabbit runs, as enclosed outdoor structures, shall not exceed onehundred (100)
square feet in area, or ten (10) square feet per animal, whichever is greater
2.The keeping of micro-livestock and the maintenance of their environment, shall be in
accordance with Keeping of Animals chapter of the Ashland Municipal Code(Ch. 9.08.040).
D. Mechanical equipment shall not be located between the main structure on the site and any street
adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is
not visible from adjacent public streets. Mechanical equipment and associated enclosures, no taller
than allowed fence heights, may be located within required side or rear yards, provided such
installation and operation is consistent with other provisions of this Title or the Ashland Municipal
Code, including but not limited to noise attenuation. Any installation of mechanical equipment
shall require a building permit.
E. Rain barrels may be located within required side or rear yards provided such installation and
operation is consistent with other provisions of this Title or the Ashland Municipal Code, and as
follows:
1) Rain barrels shall not exceed six (6) feet in height; and
2) Rain barrels shall be located so that a minimum clear width of three (3) feet is provided and
maintained between the barrel and property line; and
3) Rain barrels shall be secured and installed on a sturdy and level foundation, or platform,
designed to support the rain barrel's full weight; and
4) Every attempt shall be made to place rain barrels so that they are screened from view of adjacent
properties and public streets.
F. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear
yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet
from any street, other than alleys, provided the structure is detached and separated from other
buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height.
Any conversion of such accessory structureto an accessory residential unit shall conform to other
requirements of this Title for accessory residential units, including any required planning action
and/or site review.
(Ord 3084, amended, 09/20/2013; Ord 3070, amended, 08/08/2012; Ord 3060, amended, 04/17/2012; ORD 2951, amended,
07/01/2008)
SECTION 18.68.150Waiver of Right to Remonstrate and Consent to Participate in Costs of
Improvements.
Whenever a request is made for a building permit which involves new construction of a new residential unit
and/or any request involving a planning action which would increase traffic flow on any street not fully
improved, the applicant is required to legally agree to participate in the costs and to waive the rights of the
owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the
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costs of full street improvements and to not remonstrate to the formation of a local improvement district, to
cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter,
sidewalks, and the undergrounding of utilities. This requirement is a condition precedent to the issuance of
a building permit or the granting of approval of a planning action and if the owner declines to so agree, then
the building permit and/or planning action shall be denied. This shall not require paving of alleys, and
shall not be construed as waiving property owners rights to present their views during a public hearing held
by the City Council. (Ord. 2589, 1990)
SECTION18.68.160Driveway Grades.
Grades for new driveways in all zones shall not exceed a grade of 20% for any portion of the driveway. All
driveways shall be designed in accord with City of Ashland standards and installedprior to issuance of a
certificate of occupancy for new construction. If required by the City, the developer or owner shall
provide certification of driveway grade by a licensed land surveyor. All vision clearance standards
associated with driveway entrances onto public streets shall not be subject to the Variance section of this
title.
(ORD 2951, amended, 07/01/2008)
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CHAPTER 18.70
SOLAR ACCESS
SECTIONs:
18.70.010Purpose and Intent.
18.70.020Definitions.
18.70.030Lot Classifications.
18.70.040Solar Setbacks.
18.70.050Solar Access Performance Standard.
18.70.060Variances.
18.70.070Solar Access Permit for Protection from Shading by Vegetation.
18.70.080Hearing Procedure.
18.70.090Limits On Solar Access Permits.
18.70.100Entry of Solar Access Permit Into Register.
18.70.110Effect and Enforcement.
SECTION 18.70.010Purpose and Intent.
The purpose of the Solar Access Chapter is to provide protection of a reasonable amount of sunlight from
shade from structures and vegetation whenever feasible to all parcels in the City to preserve the economic
value of solar radiation falling on structures, investments in solar energy systems, and the options for future
uses of solar energy.
SECTION 18.70.020Definitions.
Exempt Vegetation.
A.All vegetation over fifteen (15) feet in height at the time a solar access permit is
applied for.
Highest Shade Producing Point.
B.The point of a structure which casts the longest shadow beyond the
northern property boundary at noon on December 21st.
Natural Grade.
C.The elevation of the naturalground surface in its natural state, before man-made
alterations. The natural ground surface is the ground surface in its original state, before any grading,
excavation, or filling.
Northern Lot Line.
D.Any lot line or lines less than forty-five (45) degrees southeast or southwest of a
line drawn east-west and intersecting the northernmost point of the lot. If the northern lot line adjoins
any unbuildable area (e.g., street, alley, public right-of-way, parking lot, or common area) other than a
requiredyard area, the northern lot line shall be that portion of the northerly edge of the unbuildable
area which is due north from the actual northern edge of the applicant's property.
North-South Lot Dimension.
E.The average distance in feet between lines from the corners of the
northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot.
Solar Energy System.
F.Any device or combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any substance or device which collects
sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or
the generation of electricity. A solar energy system may be used for purposes in addition to the
collection of solar energy. These uses include, but are not limited to, serving as a structural member of
part of the roof of a building or structure and serving as a window or wall.
Solar Envelope.
G.A three dimensional surface which coversa lot and shows, at any point, the
maximum height of a permitted structure which protects the solar access of the parcel(s) to the north.
Solar Heating Hours.
H.The hours and dates during which solar access is protected by a solar access
permit, not to exceed those hours and dates when the sun is lower than twenty-four (24) degrees altitude
and greater than seventy (70) degrees east and west of true south.
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Solar Access Permit Height Limitations.
I.The height limitations on affected properties required by
the provisions of a Solar Access Permit displayed as a series of five (5) foot contour lines which begin
at the bottom edge of the solar energy system protected by the permit, rise at an angle to the south not
less than twenty-four (24) degrees from thehorizon, and extend at an angle not greater than seventy
(70) degrees to the east and west of true south and run parallel to the solar energy system.
Solar Setback.
J.The minimum distance that a structure, or any part thereof, can be located from a
property boundary.
Slope.
K.A vertical change in elevation divided by the horizontal distance of the vertical change. Slope
is measured along lines extending one hundred fifty (150) feet north from the end points of a line drawn
parallel to the northern lot line through the midpoint of the north-south lot dimension. North facing
slopes will have negative (-) values and south facing slopes will have positive (+) values.
Sunchart.
L.Photographs or drawings, taken in accordance with the guidelines of the Staff Advisor,
which plot the position of the sun during solar heating hours. The sunchart shall contain at a minimum
the southern skyline as seen through a grid which plots solar altitude for a forty-two (42) degree
northern latitude in ten (10) degree increments and solar azimuthmeasured from true south in fifteen
(15) degree increments. If the solar energy system is less than twenty (20) feet wide, a minimum of
one (1) sunchart shall be taken from the bottom edge of the center of the solar energy system. If the
solar energy system is greater than twenty (20) feet wide, a minimum of two (2) suncharts shall be
taken, one (1) from the bottom edge of each end of the solar energy system.
SECTION 18.70.030Lot Classifications.
Affected Properties.
All lots shall meet the provisions of this Section and will be classified according to
the following formulas and table:
FORMULA I:
Minimum N/S lot dimension for Formula I =__30' __
0.445 + S
Where: S is the decimal value of slope, as defined in this Chapter.
FORMULA II:
Minimum N/S lot dimension for Formula II = 10'
0.445 + S
Lots whose north-south lot dimension exceeds that calculated by Formula I shall be required to meet the
setback in Section (A), below.
Those lots whose north-south lot dimension is less than that calculated by Formula I, but greater than that
calculated by Formula II, shall be required to meet the setback in Section (B), below.
Those lots whose north-south lot dimension is less than that calculated by Formula II shall be required to
meet the setback in Section (C), below.
TABLE I
Lot Classification Standards
Slope-.30-.25-.20-.15-.10-.050.0.05.10.15.20
STD A20715412210287766761555046
STD B6951413429252220181715
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SECTION 18.70.040Solar Setbacks.
Setback Standard A.
A.This setback is designed to insure that shadows are no greater than six (6) feet
at the north property line. Buildings on lots which are classified as Standard A, and zoned for
residential uses, shall be set back from the northern lot line according to the following formula:
SSB = H -6'
0.445 + S
WHERE:
SSB = the minimum distance in feet that the tallest shadow producing point which creates
the longest shadow onto the northerly property must be set back from the northern property
line.
H = the height in feet of the highest shade producing point of the structure which casts the
longest shadow beyond the northern property line.
S = the slope of the lot, as defined in this Chapter.
Setback Standard B.
B.This setback is designedto insure that shadows are no greater than sixteen (16)
feet at the north property line.
Buildings for lots which are classified as Standard B, or for any lot zoned C-1, E-1 or M-1, or
for any lot not abutting a residential zone to the north, shall be set back from the northern lot
line as set forth in the following formula:
SSB = H -16'
0.445 + S
Setback Standard C.
C.This setback is designed to insure that shadows are no greater than twenty-one
(21) feet at the north property line.
Buildings for lots in any zone whose north/south lot dimension is less than Standard B shall meet
the setback set forth in the following formula:
SSB = H -21'
0.445 + S
Exempt Lots.
D.Any lot with a slope of greater than thirty percent (30%) in a northerly direction, as
defined by this Ordinance, shall be exempt from the effects of the Solar Setback Section.
Lots Affected By Solar Envelopes.
E.All structures on a lot affected by a solar envelope shall comply
with the height requirements of the solar envelope.
Exempt Structures.
F.
1.Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the
northern lot line at noon on December 21, that is greater than the shadow allowed by the
requirements of this Section, a structure on that lot may cast a shadow at noon on December 21, that
is not higher or wider at the northern lot line than the shadow cast by the existing structure or
topographical feature. This Section does not apply to shade caused by vegetation.
2.Actual Shadow Height. If the applicant demonstrates that the actual shadow which would be cast
by the proposed structure at noon on December 21, isno higher than that allowed for that lot by the
provisions of this Section, the structure shall be approved. Refer to Table D for actual shadow
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lengths.
SECTION 18.70.050Solar Access Performance Standard.
A.Assignment of Solar Factor.All land divisions which create new lots shall be designed to permit the
location of a twenty-one (21) foot high structure with a setback which does not exceed fifty (50%)
percent of the lot's north-south lot dimension. Lots having north facing (negative) slopes of less than
fifteen percent (15%) (e.g., 10%), and which are zoned for residential uses, shall have a north-south lot
dimension equal to or greater than that calculated by using Formula I. Lots having north facing
(negative) slopes equal to or greater than fifteen percent (15%) (e.g., 20%), or are zoned for
non-residential uses, shall have a north-south lot dimension equal to or greater than that calculated by
using Formula II.
B.Solar Envelope.If the applicant chooses not to design a lot so that it meets the standards set forth in
(A) above, a Solar Envelope shall be used to define the height requirements which will protect the
applicable Solar Access Standard. The Solar Envelope, and written description of its effects, shall be
filed with the land partition or subdivision plat for the lot(s).
SECTION 18.70.060Variances.
A.Variances to this Chapter shall be processed as a Type I procedure, except that variances granted under
subsection B of this Section may be processed as a Staff Permit. (Ord. 2484 S3,1988)
B.A variance may be granted with the following findings being the sole facts considered by the Staff
Advisor:
1.That the owner or owners of all property to be shaded, sign and record with the County Clerk on the
affected properties' deed, a release form supplied by the City, which contains the following
information:
a.The signatures of all owners or registered leaseholders who hold an interest in the property in
question.
b.A statement that the waiver applies only to the specific building or buildings to which the
waiver is granted.
c.A statement that the solar access guaranteed by this Section is waived for that particular
structure and the City is held harmless for any damages resulting from the waiver.
d.A description and drawing of the shading which would occur, and
2.The Staff Advisor finds that:
a.The variance does not preclude the reasonable use of solar energy on the site by future
buildings; and
b.The variance does not diminish any substantial solar access which benefits a habitable structure
on an adjacent lot.
c.There are unique or unusual circumstances which apply to this site which do not typically apply
elsewhere.
SECTION 18.70.070Solar Access Permit for Protection from Shading by Vegetation.
A.A Solar Access Permit is applicable in the City of Ashland for protection of shading by vegetation only.
Shading by buildings is protected by the setback provisions of this Ordinance.
B.Any property owner or lessee, or agent of either, may apply for a Solar Access Permit from the Staff
Advisor. The application shall be in such form as the Staff Advisor may prescribe but shall, at a
minimum, include the following:
1.A fee of Fifty ($50.00) Dollars plus Ten ($10.00) Dollars for each lot affected by the Solar Access
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Permit.
2.The applicant's name and address, the owner's name and address, and the tax lot number of the
property where the proposed solar energy system is to be located.
3.A statement by the applicant that the solar energy system is already installed or that it willbe
installed on the property within one (1) year following the granting of the permit.
4.The proposed site and location of the solar energy system, its orientation with respect to true south,
and its slope from the horizontal shown clearly in drawing form.
5.A sun chart.
6.The tax lot numbers of a maximum of ten (10) adjacent properties proposed to be subject to the
Solar Access Permit. A parcel map of the owner's property showing such adjacent properties with
the location of existing buildings and vegetation, with all exempt vegetation labeled exempt.
7.The Solar Access Permit height limitations as defined in Section 18.70.050 of this Ordinance, for
each affected property which are necessary to protect the solar energy system from shade during
solar heating hours. In no case shall the height limitations of the Solar Access Permit be more
restrictive than the building setbacks.
C.If the application is complete and complies with this Ordinance, the Staff Advisor shall accept the solar
access recordation application and notify the applicant. The applicant is responsible for the accuracy
of all information provided in the application.
D.The Staff Advisor shall send notice by certified letter, return receipt requested, to each owner and
registered lesseeof property proposed to be subject to the Solar Access Permit. The letter shall
contain, at a minimum, the following information:
1.The name and address of the applicant.
2.A statement that an application for a Solar Access Permit has been filed.
3.Copies of the collector location drawing, sunchart, and parcel map submitted by the applicant.
4.A statement that the Solar Access Permit, if granted, imposes on them duties to trim vegetation at
their expense.
5.The advisability of obtaining photographic proof of the existence of trees and large shrubs.
6.The times and places where the application may be viewed.
7.Telephone number and address of the City departments that will provide further information.
8.That any adversely affected personmay object to the issuance of the permit by a stated time and
date, and how and where the objection must be made.
E.If no objections are filed within thirty (30) days following the date the final certified letter is mailed, the
Staff Advisor shall issue the Solar Access Permit.
F.If any adversely affected person or governmental unit files a written objection with the Staff Advisor
within the specified time, and if the objections still exist after informal discussions among the objector,
appropriate City Staff, and the applicant, a hearing date shall be set and a hearing held in accordance
with the provisions of Section 18.70.080.
SECTION 18.70.080Hearing Procedure.
A.The Staff Advisor shall send notice of the hearing on the permit application to the applicant and to all
persons originally notified of the Solar Access Permit application, and shall otherwise follow the
procedures for a Type I hearing.
B.The Staff Advisor shall consider the matters required for applications set forth in Section 18.70.070(B)
on which the applicant shall bear the burden of proof, and the following factor on which the objector
shall bear the burden of proof: A showing by the objector that the proposed collector would
unreasonably restrict the planting of vegetation on presently under-developed property.
1.If the objector is unable to prove these circumstances and the applicant makes the showings
required by Section 18.70.060(B), the Staff Advisor shall approve the permit.
2.If the applicant has failed to show all structuresor vegetation shading of the proposed collector
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location in his application, the Staff Advisor may approve the permit while adding the omitted
shading structures or vegetation as exemptions from this Chapter.
3.If the objector shows that an unconditionalapproval of the application would unreasonably restrict
development of the objector's presently under-developed property, the Staff Advisor may approve
the permit, adding such exemptions as are necessary to allow for reasonable development of the
objector's property.
4.If the Staff Advisor finds that the application contains inaccurate information which substantially
affects the enforcement of the Solar Access Permit, the application shall be denied.
C.Any decision by the Staff Advisor is subject to review before the Planning Commission as a Type II
planning action according to the usual procedures contained in this Title. (Ord. 2775, 1996)
SECTION 18.70.090Limits On Solar Access Permits.
A.No Solar Access Permit may be filed which would restrict any lot which has an average slope of fifteen
(15) percent in the northerly direction.
B.A Solar Access Permit becomes void if the use of the solar collector is discontinued for more than
twelve (12) consecutive months or if the solar collector is not installed and operative within twelve (12)
months of the filing date of the Solar Access Permit. The applicant may reapply for a Solar Access
Permit in accordance with Chapter 18.70.070, however, the application fee shall be waived.
SECTION 18.70.100Entry of Solar Access Permit Into Register.
A.When a Solar Access Permit is granted, the Staff Advisor shall:
1.File the Solar Access Permit with the County Clerk. This shall include the owner's name and
address and tax lot of the property where the recorded collector is to be located, any special
exceptions or exemptions from the usual affects of a Solar Access Permit, and the tax lots of the ten
(10) or fewer adjacent properties subject to the Solar Access Permit.
2.File a notice on each affected tax lot that the Solar Access Permit exists and that it may affect the
ability of the property owner to grow vegetation, and that it imposes certain obligations on the
property owner to trim vegetation.
3.Send a certified letter, return receipt requested, to the applicant and to each owner and registered
lessee of property subject to the Solar Access Permit stating that such permit has been granted.
B.If a Solar Access Permit becomes void under Section 18.70.090(B), the Staff Advisor shall notify the
County Clerk, the recorded owner, and the current owner and lessee of property formerly subject to the
Solar Access Permit.
SECTION 18.70.110Effect and Enforcement.
A.No City department shall issue any development permit purporting to allow the erection of any
structure in violation of the setback provisions of this Chapter.
B.No one shall plant any vegetation that shades a recorded collector, or a recorded collector location if it
is not yet installed, after receiving notice of a pending Solar Access Permit application or after issuance
of a permit. After receiving notice of a Solar Access Permit or application, no one shall permit any
vegetation on their property to grow in such a manner as to shade a recorded collector (or a recorded
collector location if itis not yet installed) unless the vegetation is specifically exempted by the permit or
by this Ordinance.
C.If vegetation is not trimmed as required or is permitted to grow contrary to Section 18.70.100(B), the
recorded owner or the City, on complaint by the recorded owner, shall give notice of the shading by
certified mail, return receipt requested, to the owner or registered lessee of the property where the
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shading vegetation is located. If the property owner or lessee fails to remove the shading vegetation
within thirty (30) days after receiving this notice, an injunction may be issued, upon complaint of the
recorded owner, recorded lessee, or the City, by any court of jurisdiction. The injunction may order
the recorded owner or registered lessee to trim the vegetation, and the court shall order the violating
recorded owner or registered lessee to pay any damages to the complainant, to pay court costs, and to
pay the complainant reasonable attorney's fees incurred during trial and/or appeal.
D.If personal jurisdiction cannot be obtained over either the offending property owner or registered
lessee, the City may have a notice listing the property by owner, address and legal description published
once a week for four (4) consecutive weeks in a newspaper of general circulation within the City,
giving notice that vegetation located on the property is in violation of this Ordinance and is subject to
mandatory trimming. The City shall then have the power, pursuant to court order, to enter the
property, trim or cause to have trimmed the shading parts of the vegetation, and add the costs of the
trimming, court costs and other related costs as a lien against that property.
E.In addition to the above remedies, the shading vegetation is declared to be a public nuisance and may be
abated through Title 9 of the Ashland Municipal Code.
F.Where the property owner or registered lessee contends that particular vegetation is exempt from
trimming requirements, the burden of proof shall be on the property owner or lessee to show that an
exemption applies to the particular vegetation.
Ashland Setback Table
Setback Standard "A" Slope
-0.30-0.25-0.20-0.15-0.10 -0.05-0.00 0.05 0.100.15
Height in feet
*
814 1087654443
*
1028 2064209877
*
1241 312420171513211110
*
1455 413327232018161513
*
1669 514134292522201817
*
1883 614941353027242220
*
2096 725747413531282624
*
22110 826554464036322927
*
24124 927361524640363330
*
26138 1028268585145403734
*
28151 1139075645649444037
*
30165 1239881706154484440
*
32179 13310688756658534844
*
34193 14311495817163575147
*
36207 154122102877667615550
*
38220 164130108938172655954
*
40234 174139115988676696257
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Ashland Setback Table
Setback Standard "B"
Slope
0.30 -0.25-0.20-0.15-0.10-0.05 0.00 0.05 0.10 0.15
Height in feet
*
80 000000000
*
100 000000000
*
120 000000000
*
140 000000000
*
160 000000000
*
1814 10 87854443
*
2028 20 161412109877
*
2241 31 2420171513121110
*
2455 41 3327232018161513
*
2669 51 5434292522201817
*
2883 61 4941353027242220
*
3096 72 5747413531282624
*
32110 82 6554464036352927
*
34124 92 7361524640363330
*
36138 102 8268585145403734
*
38151 113 9075645649444037
*
40165 123 9881706154484440
Ashland Setback Table
Setback Standard "C" Slope
-0.30-0.25-0.20-0.15 -0.10-0.05 0.00 0.05 0.10 0.15
Height in feet
*
80 000000000
*
100 000000000
*
120 000000000
*
140 000000000
*
160 000000000
*
180 000000000
*
200 000000000
*
227 543332222
*
2421 15 1210987666
*
2634 26 20171413111098
*
2848 36 2924201816141312
*
3062 46 3730262320181715
*
3276 56 4537322825222018
*
3490 67 5344383329262422
*
36103 776151433834302825
*
38117 87 6958494338343129
*
40131 97 7764554843383532
Ashland Setback Table "D"
Actual Shadow Length (at solar noon on December 21st)
Slope
-0.30-0.25-0.20-0.15 -0.10-0.05 0.00 0.05 0.10 0.15
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Height in feet
*
855 413327232018161513
*
1069 51 4134292522201817
*
1283 61 4941353027242220
*
1496 72 5747413531282624
*
16110 82 6554464036322927
*
18124 92 7361524640363330
*
20138 102 8268585145403734
*
22151 113 9075645649444037
*
24165 123 9881706154484440
*
26179 133 10688756658534844
*
28193 143 11495817163575147
*
30207 154 122102877667615550
*
32220 164 130108938172655954
*
34234 174 139115988676696257
*
36248 184 1471221049181736660
*
38262 195 1551291109685777064
*
40275 205 16313511610190817367
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CHAPTER 18.72
SITE DESIGN REVIEW
SECTIONs:
18.72.010Purpose and Intent.
18.72.020Definitions.
18.72.030Applicability
18.72.040Approval Process.
18.72.050Detail Site Review Zone.
18.72.055Downtown Design Standards Zone
18.72.060Plans Required
18.72.070Criteriafor Approval.
18.72.080Site Design Standards
18.72.090Exception to the Site Design and use Standards
18.72.100Power to Amend Plans.
18.72.105Expiration of Site Design Review Approval.
18.72.110Landscaping Standards
18.72.115-Recycling Requirements.
18.72.120Repealed by Ord 3052
18.72.140Light and Glare Performance Standards
18.72.150Review by Conservation Coordinator.
18.72.160Landscaping Maintenance.
18.72.170Development Standards for Disc Antennas
18.72.180Development Standards for Wireless Communication Facilities
SECTION 18.72.010Purpose and Intent.
The purpose and intent of this Chapter is to regulate the manner in which land in the City is used and
developed, to reduce adverse effects on surrounding property owners and the general public, to create a
business environment that is safe and comfortable, to further energy conservation efforts within the City, to
enhance the environment for walking, cycling, and mass transit use, and ensure that high quality
development is maintained throughout the City.
SECTION 18.72.020Definitions.
The following terms are hereby defined as they apply to this chapter:
Accessory Equipment
A.-All appurtenances defined in wireless communication facilities, with the
exception of the support structure and antennas.
Antenna
B.-The device used to capture an incoming or to transmit an outgoing radio-frequency signal
from wireless communication systems. Antennas include the following types:
1.Omni-direction (whip) antenna -receives and transmits signals in a 360 degree pattern
2.Directional or Parabolic (panel or disk) Antenna -receives and transmits signals in a directional
pattern. They are typically rectangular in shape.
3.Microwave antennas -receives and transmits to link two telecommunication facilities together by
line of sight. They are typically circular or parabolic in shape and can be a grid or solid material.
Collocation
C.-The use of a single wireless communication facility by more than one wireless
communications provider.
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Floor-Area Ratio (FAR) -
D.The gross floor area of all buildings on a lot divided by the lot area.
Infill -
E.The development of more intensive land uses upon vacant or under-utilized sites.
Pre-existing structures
F.-Structures in existence prior to anapplication for a wireless communication
facility installation.
Primary Orientation -
G.Direction of the front of the building with the main entrance to the public.
Wireless Communication Facilities
H.-The site, structures, equipment and appurtenances used to
transmit, receive, distribute, provide or offer wireless telecommunications services. This includes, but
is not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings,
electronics and switching equipment.
Wireless Communications Systems
I.-The sending and receiving of radio frequency transmissions
and the connection or relaying of these signals to land lines and other sending and receiving stations, and
including, but not limited to cellular radiotelephone, personal communications services (PCS),
enhanced/specialized mobile radio, and commercial paging services, and any other technology which
provides similar services.
Wireless Communications Support Structure
J.-A structure used to support wireless communications
antennas and connecting appurtenances. The purpose of such structures is to elevate an antenna
above the surrounding terrain or structures and may be attached to an existing building or other
permanent structures or as a free-standing structure which may include, but are not limited to monopole
support structures and lattice support structures, and may have supporting guyed wires and ground
anchors.
1.Monopole-A support structure which consists of a single pole sunk into the ground or attached to
a foundation.
2.Lattice Tower-A support structure which consists of a network of cross braces that forms a tower.
These types of structures are primarily used for taller towers and require a larger base than that of a
monopole.
3.Alternative Structure-Man-made structures that, by design, camouflage or conceal the presence of
wireless communication facilities, such as clock towers, bell towers, church steeples, water towers,
light poles and similar alternative-design mounting structures. (ORD 2802, S1 1997)
SECTION 18.72.030Applicability
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 anychange in use which requires a greater number of parking spaces.
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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 Section 18.72.180.
2.Residential uses:
a.Two or more residential units on asingle 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.
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 isconstructed 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 place 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.
e.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).
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f.Routine maintenance and replacement of existing mechanical equipment in all zones. (Ord
2951, amended, 07/01/2008)
(ORD 3058, amended, 04/17/2012; Ord 3054, amended, 11/15/2011; Ord 3036, amended, 08/17/2010; Ord 2984, amended,
05/19/2009; ORD 2951, amended, 07/01/2008)
SECTION 18.72.040Approval Process.
Development subject to site design review shall be reviewed in accordance with the procedures set forth in
Chapter 18.108.
(ORD 2951, amended, 07/01/2008)
SECTION 18.72.050DetailSite Review Zone.
A.The Detail Site Review Zone is that area defined in the Site Design Standards adopted pursuant to
Section 18.72.080.
B.Any development in the Detail Site Review Zone as defined in the Site Review Standards adopted
pursuant to this chapter, which exceeds 10,000 square feet or is longer than 100 feet in length or width,
shall be reviewed according to the Type 2 procedure.
C.Outside the Downtown Design Standards Zone, new buildings or expansions of existing buildings in
the Detail Site Review Zone shall conform to the following standards:
1.Buildings sharing a common wall or having walls touching at or above grade shall be considered as
one building.
2.Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside the
exterior walls and including all interior courtyards. For the purpose of this section an interior
courtyard means a space bounded on three or more sides by walls but not a roof.
3.Buildings shall not exceed a gross floor area of 45,000 square feet, including all interior floor
space, roof top parking, and outdoor retail and storage areas, with the following exception:
Automobile parking areas located within the building footprint and in the basement shall not count
toward the total gross floor area.
4.Buildings shall not exceed a combined contiguous building length of 300 feet.
Inside the Downtown Design Standards Zone, new buildings or expansions of existing buildings shall not
exceed a building footprint area of 45,000 sq. ft. or agross floor area of 45,000 sq. ft., including roof top
parking, with the following exception:
Automobile parking areas located within the building footprint and in the basement shall not count toward
the total gross floor area.
(ORD 2951, amended, 07/01/2008; Ord 2900, Amended, 09/16/2003)
SECTION 18.72.055Downtown Design Standards Zone
A.The Downtown Design Standards Zone is that area defined in the Site Design and Use Standards
Section VI, adopted pursuant to Section 18.72.080.
B.Development inthe Downtown Design Standards Zone shall be subject to the Downtown Design
Standards.” (Ord. 2825 S2, 1998)
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SECTION 18.72.060Plans Required
The following submittals shall be required in order to determine the project's compliance with this Chapter:
A site plan containing the following:
A.Project name.
B.Vicinity map.
C.Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.) The Staff Advisor
may authorize different scales and plan sheet sizes for projects, provided the plans provide
sufficient information to clearly identify and evaluate the application request.
D.North arrow.
E.Date.
F.Street names and locations of all existing and proposed streets within or on the boundary of the
proposed development.
G.Lot layout with dimensions for all lot lines.
H.Zoning designations of the proposed development.
I.Zoning designations adjacent to the proposed development.
J.Location and use of all proposed and existing buildings, fences and structures within the proposed
development. Indicate which buildings are to remain and which are to be removed.
K.Location and size of all public utilities in and adjacent to the proposed development with the
locations shown of:
1.Water lines and meter sizes.
2.Sewers, manholesand cleanouts.
3.Storm drainage and catch basins.
4.Opportunity-to-recycle site and solid waste receptacle, including proposed screening.
L.The proposed location of:
1.Connection to the City water system.
2.Connection to the City sewer system.
3.Connection to the City electric utility system.
4.The proposed method of drainage of the site.
M.Location of drainage ways or public utility easements in and adjacent to the proposed development.
N.Location, size and use of all contemplated and existing public areas within the proposed
development.
O.All fire hydrants proposed to be located near the site and all fire hydrants proposed to be located
within the site.
P.A topographic map of the site at a contour interval of at least five (5) feet.
Q.Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site
circulation.
R.Use designations for all areas not covered by building.
S.Locations of all existing natural features including, but not limited to, any existing trees of a caliber
greater than six inches diameter at breast height, except in forested areas, and any natural drainage
ways or creeks existing on the site, and any outcroppings of rocks, boulders, etc. Indicate any
contemplated modifications to a natural feature.
T.A landscape plan showing the location, type and variety, size and any other pertinent features of the
proposed landscaping and plantings. At time of installation, such plans shall include a layout of
irrigation facilities and ensure the plantings will continue to grow.
U.The elevations and locations of all proposed signs for the development.
V.For non-residential developments proposed on properties located in a Historic District, an exterior
wall section, window section and drawings of architectural details (e.g. column width, cornice and
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base detail, relief and projection, etc.) drawn to a scale of three-fourths (3/4) of an inch equals
one (1) foot or larger.
W.Exterior elevations of all buildings to be proposed on the site. Such plans shall indicate the
material, color, texture, shape and other design features of the building, including all mechanical
devices. Elevations shall be submitted drawn to scale of one inch equals ten feet or greater.
XA written summary showing the following:
1.For commercial and industrial developments:
a.The square footage contained in the area proposed to be developed.
b.The percentage of the lot covered by structures.
c.The percentage of the lot covered by other impervious surfaces.
d.The total number of parking spaces.
e.The total square footage of all landscaped areas.
2.For residential developments:
a.The total square footage in the development.
b.The number of dwelling units in the development (include the units by the number of
bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc).
c.Percentage of lot coverage by:
i.Structures.
ii.Streets and roads.
iii.Recreation areas.
iv.Landscaping.
v.Parking areas.
3.For all developments, the following shall also be required: The method and type of energy
proposed to be used for heating, cooling and lighting of the building, and the approximate
annual amount of energy used per each source and the methods used to make the
approximation.
(ORD 2951, amended, 07/01/2008)
SECTION 18.72.070Criteria for Approval.
The following criteria shall be used to approve or deny an application:
A.All applicable City ordinances have been met or will be met by the proposed development.
B.All requirements of the Site Review Chapter have been met or willbe met.
C.The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter.
D.That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property. All improvements in the street right-of-way shall
comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655,
1991; Ord 2836 S6, 1999)
SECTION 18.72.080Site 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.
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B.Before the Council may adopt or amend the 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, 3031 and
3053 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.)
(Ord 3054, amended, 11/15/2011; ORD 2951, amended, 07/01/2008)
SECTION 18.72.090Exception 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.There is no demonstrable difficulty in meeting the specific requirements, but granting the
exceptionwill result in a design that equally or better achieves the stated purpose of the Site Design
and Use Standards.
(Ord 3054, amended, 11/15/2011)
SECTION 18.72.100Power to Amend Plans.
When approving an application the Planning Commission or the StaffAdvisor may include any or all of the
following conditions if they find it necessary to meet the intent and purpose and the criteria for approval:
A.Require the value of the landscaping to be above two percent, but not greater than five percent of
the total project costs as determined from the building permit valuation.
B.Require such modifications in the landscaping plan as will ensure proper screening and aesthetic
appearance.
C.Require plantings and ground cover to be predominant, not accessory, toother inorganic or dead
organic ground cover.
D.Require the retention of existing trees, rocks, water ponds or courses and other natural features.
E.Require the retention and restoration of existing historically significant structures on the project
site.
F.Require the City Engineer's approval of a grading plan or drainage plan for a collection and
transmission of drainage.
G.Require the modification or revision of the design or remodeling of structures, signs, accessory
buildings, etc., to be consistent with the Site Design Standards.
H.Require the modification of the placement of any new structures, new accessory uses, parking and
landscaping on the project site to buffer adjacent uses from the possible detrimental effects of the
propose development.
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I.Restrict heights of new buildings or additions over 35 feet and increase setbacks up to 20 feet.
J.Require on-site fire hydrants with protective barricades.
K.Require the type and placement or shielding of lights for outdoor circulation and parking.
L.Require new developments to provide limited controlled access onto a major street by means of
traffic signals, traffic controls and turning islands, landscaping, or any other means necessary to
insure the viability, safety and integrity of the major street as a through corridor.
M.Require pedestrian access, separate pedestrian paths, sidewalks and protection from weather in new
developments.
N.Require developments to provide access to improved City streets and, where possible, provide
access to the lower order street rather than a major collector or arterial street. (Ord. 2425 S2,
1987)
SECTION 18.72.105Expiration of Site Design Review Approval.
Site design review approval granted under this Chapter shall expire if no building permit or public
improvement plan for the project has been approved by the City within twelve (12) months of site design
review approval.
(ORD 2951, added, 07/01/2008)
SECTION 18.72.110Landscaping Standards
A.Area Required. The following areas shall be required to be landscaped in the following zones:
R-1-45% of total developed lot area
R-2-35% of total developed lot area
R-3-25% of total developed lot area
C-1-15% of total developed lot area
C-1-D-None, except parking areas and service stations shall meet the landscaping
and
screening standards in Section II.D. of the Site Design and Use Standards.
E-1-15% of total developed lot area
M-1-10% of total developed lot area
CM-NC-15% of total developed lot area
CM-OE-15% of total developed lot area
CM-CI-10% of total developed lot area
CM-MU-15% of total developed lot area
(Ord 3036, amended, 08/17/2010)
SECTION 18.72.115-Recycling Requirements.
All commercial and multi-family developments, requiring a site review as indicated in 18.72.040, shall
provide an opportunity-to-recycle site for use of the project occupants.
A.Commercial.
Commercial developments having a solid waste receptacle shallprovide a site of
equal or greater size adjacent to or with access comparable to the solid waste receptacle to
accommodate materials collected by the local solid waste franchisee under its on-route collection
program for purposes of recycling. Both the opportunity-to-recycle site and the common solid
waste receptacle shall be screened by fencing or landscaping such as to limit the view from adjacent
properties or public rights-of-way.
B.Multi-Family Residential.All newly constructed multi-family units,either as part of an existing
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development or as a new development, shall provide an opportunity-to-recycle site in accord with
the following standards:
NOT
1.Multi-family developments sharing a common solid waste receptacle shall provide an
individual curbside recycling container for each dwelling unit in the development.
2.Multi-family developments sharing a common solid waste receptacle shall provide a site of
equal or greater size adjacent to or with access comparable to the common solid waste
receptacle to accommodate materials collected by the local solid waste franchisee under its
residential on-route collection program for purposes of recycling. Both the
opportunity-to-recycle site and the common solid waste receptacle shall be screened by fencing
or landscaping such as to limit the view from adjacent properties or public rights-of-way.
SECTION 18.72.140Light and Glare Performance Standards
There shall be no direct illumination of any residential zone from a lighting standard in any other residential
lot, C-1, E-1 or M-1, SO, CM or HC lot.
(Ord 3036, amended, 08/17/2010)
SECTION 18.72.150Review by Conservation Coordinator.
A.Upon receiving an application for a Site Review, the Staff Advisor shall refer the application to the
Conservation Coordinator for comment.
B.Prior to final approval of a site plan, the Conservation Coordinator shall file an oral or written report to
be entered into the record of the proceedings consisting of:
1.An assessment of the energy use estimates by the applicant.
2.An assessment of the applicant's energy use strategies.
3.Recommendations to the applicant of cost-effective methods to further reduce energy
consumption, if any exist.
(Ord 2689, 1992)
SECTION 18.72.160Landscaping Maintenance.
A.All landscaped areas must be maintained in a weed-free condition.
B.All landscaped areas required by this Chapter must be maintained according to the approved
landscaping plans. (Ord. 2228, 1982)
SECTION 18.72.170Development Standards for Disc Antennas
A.BuildingPermit Required. All disc antennas shall be subject to review and approval of the building
official where required by the Building Code.
B.Development Standards. All disc antennas shall be located, designed, constructed, treated and
maintained in accordance with the following standards:
1.Antennas shall be installed and maintained in compliance with the requirements of the Building
Code.
2.Disc antennas exceeding one (1) meter in diameter shall not be permitted on the roof, except where
there is no other location on the lot which provides access to receiving or transmitting signals. In no
case shall any part of any antenna be located more than ten feet above the apex of the roof surface.
Antennas mounted on the roof shall be located in the least visible location as viewed from adjacent
right-of-ways, and residential structures in residential zones.
3.No more than one disc antenna shall be permitted on each tract of land.
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4.Ground mounted disc antennas shall be erected or maintained to the rear of the main building,
except in those instances when the subject property is cul-de-sac or corner lot where the side yard is
larger than the rear yard, in which case the antenna may be located in the side yard. Antennas shall
not be located in any required setback area. No portion of an antenna array shall extend beyond
the property lines or into any front yard area. Guy wires shall not be anchored within any front
yard area but may be attached to the building.
5.Antennas may be ground-mounted, free standing, or supported by guy wires, buildings, or other
structures in compliance with the manufacturer's structural specifications. Ground-mounted
antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is
supported or attached to the wall of a building.
6.The antenna, including guy wires, supporting structures and accessory equipment, shall be located
and designed so as to minimize the visual impact on surrounding properties and from public streets.
Antennas shall be screened through the addition of architectural features and/or landscaping that
harmonize with the elements and characteristics of the property. The materials used in
constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective.Whenever
possible, disc antennas shall be constructed out of mesh material and painted a color that will blend
with the background.
7.Antennas shall meet all manufacturer's specifications. The mast or tower shall be
non-combustible. Corrosive hardware, such as brackets, turnbuckles, clips and similar type
equipment if used, shall be protected by plating or otherwise to guard against corrosion.
8.Every antenna must be adequately grounded, for protection against a direct strike of lightning, with
an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the
Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical
manner, with as few bends as possible, maintaining a clearanceof at least two inches from
combustible materials. Lightning arrestors shall be used that are approved as safe by the
Underwriters' Laboratories, Inc., and both sides of the line must be adequately protected with
proper arrestors to remove static chargesaccumulated on the line. When lead-in conductors of
polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When
coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without
lightning arrestors by grounding the exterior metal sheath.
9.Antennas may contain no sign or graphic design as defined in the Ashland Sign Code, even if the
sign is permitted on the property.
(ORD 2951, amended, 07/01/2008)
SECTION 18.72.180Development Standards for Wireless Communication Facilities
Purpose and Intent
A.-The purpose of this section is to establish standards that regulate the placement,
appearance and impact of wireless communication facilities, while providing residents with the ability
to access and adequately utilize the services that these facilities support.
Because of the physical characteristics of wireless communication facilities, the impact imposed by
these facilities affect not only the neighboring residents, but the community as a whole.
The standards are intended to ensure that the visual and aesthetic impacts of wireless communication
facilities are mitigated to the greatest extent possible, especially in or near residential areas.
Submittals
B.-In addition to the submittals required in section 18.72.060, the following items shall be
provided as part of the application for a wireless communication facility.
1.A photo of each of the major components of a similar installation, including a photo montage of the
overall facility as proposed.
2.Exterior elevations of the proposed wireless communication facility (min 1"=10').
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3.A set of manufacturer’ s specifications of the support structure, antennas, and accessory buildings
with a listing of materials being proposed including colors of the exterior materials.
4.A site plan indicating all structures, land uses and zoning designation within 150 feet of the site
boundaries, or 300 feet if the height of the structure is greater than 80 feet.
5.A map showing existing wireless communication facility sites operated by the applicant within a 5
mile radius of the proposed site.
6.A collocation feasibility study that adequately indicates collocation efforts were made and states
the reasons collocation can or cannot occur.
7.A copy of the lease agreement for the proposed site showing that the agreement does not preclude
collocation.
8.Documentation detailing the general capacity of the tower in terms of the number and type of
antennas it is designed to accommodate.
9.Any other documentation the applicant feels is relevant to comply with the applicable design
standards.
10.Documentation that the applicant has held a local community meeting to inform members of the
surrounding area of the proposed wireless communication facility. Documentation to include:
a.a copy of the mailing list to properties within 300' of the proposed facility.
b.a copy of the notice of community meeting mailed one week prior to the meeting.
c.a copy of the newspaper ad placed in a local paper one week prior to the meeting.
d.a summary of issues raised during the meeting.
Design Standards
C.-All wireless communication facilities shall be located, designed, constructed,
treated and maintained in accordance with the following standards:
General Provisions
1.
a.All facilities shall be installed and maintained in compliance with the requirements of the
Building Code. At the time of building permit application, written statements from the
Federal Aviation Administration (FAA), the Aeronautics Section of the Oregon Department of
Transportation, and the Federal Communication Commission that the proposed wireless
communication facility complies with regulations administered by that agency, or that the
facility is exempt from regulation.
b.All associated transmittal equipment must be housed in a building, above or below ground
level, which must be designed and landscaped to achieve minimal visual impact with the
surrounding environment.
c.Wireless communication facilities shall be exempted from height limitations imposed in each
zoning district.
d.WCF shall be installed at the minimum height and mass necessary for its intended use. A
submittal verifying the proposed height and mass shall be prepared by a licensed engineer.
e.Signage for wireless communication facilities shall consist of a maximum of two
non-illuminated signs, with a maximum of two square feet each stating the name of the facility
operator and a contact phone number.
f.Applicant is required to remove all equipment and structures from the site and return the site to
its original condition, or condition as approved by the Staff Advisor, if the facility is abandoned
for a period greater than six months. Removal and restoration must occur within 90 days of the
end of the six month period.
Preferred Designs
2.
a.Where possible, the use of existing WCF sites for new installations shall be encouraged.
Collocation of new facilities on existing facilities shall be the preferred option.
b.If (a) above is not feasible, WCF shall be attached topre-existing structures, when feasible.
c.If (a) or (b) above are not feasible, alternative structures shall be used with design features that
conceal, camouflage or mitigate the visual impacts created by the proposed WCF.
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d.If (a), (b), or (c) listed above are not feasible, a monopole design shall be used with the attached
antennas positioned in a vertical manner to lessens the visual impact compared to the antennas
in a platform design. Platform designs shall be used only if it is shown that the use of an
alternate attached antenna design is not feasible.
e.Lattice towers are prohibited as freestanding wireless communication support structures.
Landscaping.
3.The following standards apply to all WCF with any primary or accessory equipment
located on the ground and visible from a residential use or the public right-of-way
a.Vegetation and materials shall be selected and sited to produce a drought resistant landscaped
area.
b.The perimeter of the WCF shall be enclosed with a security fence or wall. Such barriers shall
be landscaped in a manner that provides a natural sight obscuring screen around the barrier to a
minimum height of six feet.
c.The outer perimeter of the WCF shall have a 10 foot landscaped buffer zone.
d.The landscaped area shall be irrigated and maintained to provide for proper growth and health
of the vegetation.
e.One tree shall be required per 20 feet of the landscape buffer zone to provide a continuous
canopy around the perimeter of the WCF. Eachtree shall have a caliper of 2 inches, measured
at breast height, at the time of planting.
Visual Impacts
4.
a.Antennas, if attached to a pre-existing or alternative structure shall be integrated into the
existing building architecturally and, to the greatest extent possible, shall not exceed the height
of the pre-existing or alternative structure.
b.Wireless communication facilities shall be located in the area of minimal visual impact within
the site which will allow the facility to function consistent with its purpose.
c.Antennas, if attached to a pre-existing or alternative structure shall have a non-reflective finish
and color that blends with the color and design of the structure to which it is attached.
d.WCF, in any zone, must be set back fromany residential zone a distance equal to twice its
overall height. The setback requirement may be reduced if, as determined by the Hearing
Authority, it can be demonstrated through findings of fact that increased mitigation of visual
impact can be achieved within of the setback area. Underground accessory equipment is not
subject to the setback requirement.
e.Exterior lighting for a WCF is permitted only when required by a federal or state authority.
f.All wireless communication support structures musthave a non-reflective finish and color that
will mitigate visual impact, unless otherwise required by other government agencies.
g.Should it be deemed necessary by the Hearing Authority for the mitigation of visual impact of
the WCF, additional design measures may be required. These may include, but are not limited
to: additional camouflage materials and designs, facades, specific colors and materials,
masking, shielding techniques.
Collocation standards
5.
a.Each addition of an antenna to an existing WCF requires a building permit, unless the
additional antenna increases the height of the facility more than ten feet.
b.Addition of antennas to an existing WCF that increases the overall height of the facility more
than ten feet is subject to a site review."(ORD 2802, S3 1997)
D.All installation of wireless communication systems shall be subject to the requirements of this section
in addition to all applicable Site Design and Use Standards and are subject to the following approval
process:
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Attached to Alternative
Zoning DesignationsFreestanding
Existing Structures
Support Structures
Structures
(1)
Residential ZonesCUPProhibitedProhibited
C-1CUPCUPProhibited
(2)
C-1-D (Downtown)CUPProhibitedProhibited
C-1-Freeway overlaySite ReviewSite ReviewCUP
E-1Site ReviewSite ReviewCUP
M-1Site ReviewSite ReviewCUP
SOUSite ReviewCUPCUP
NM (North Mountain)ProhibitedProhibitedProhibited
(2)
Historic DistrictCUPProhibitedProhibited
A-1 (Airport Overlay)CUPCUPCUP
HC (HealthCare)CUPProhibitedProhibited
CM-NCCUPCUPCUP
CM-OESite ReviewSite ReviewCUP
CM-CISite ReviewSite ReviewCUP
CM-MUCUPCUPCUP
CM-OSProhibitedProhibitedProhibited
(Ord 3036, amended, 08/17/2010; ORD 2951, amended, 07/01/2008)
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CHAPTER18.76
PARTITIONS
SECTIONs:
18.76.010Proposals to be Submitted.
18.76.020Preliminary Step.
18.76.030Preliminary Map Requirements.
18.76.040Administrative Preliminary Approval.
18.76.050Preliminary Approval
18.76.060Preliminary Approval of Flag Partitions,
18.76.070Notification.
18.76.075Expiration of Preliminary Partition Plan.
18.76.080Further Lot Division.
18.76.090Conditions May be Set.
18.76.100Final Step.
18.76.110Final Map Requirements.
18.76.120Acceptance of the Final Map.
18.76.130Final Approval by the Secretary.
18.76.140Lot Line Adjustments.
18.76.150Issuance of Building Permits.
18.76.160Selling and Negotiating for Land.
18.76.170Exterior Unimproved Streets and Access Ways.
18.76.180Private Ways.
18.76.190Dedication of Property for Public Use.
SECTION 18.76.010Proposals to be Submitted.
Proposals for minor and major land partitioning shall be submitted to the Staff Advisor.
SECTION 18.76.020Preliminary Step.
The applicant shall submit to the Planning Department a preliminary map of the proposed partition.
SECTION 18.76.030Preliminary Map Requirements.
The preliminary map shall have a minimum size of eight and one half (8 ½) inches by eleven (11) inches
and contain the following information:
A.A map describing the boundaries of all contiguous land in the same ownership.
B.The date, north arrow and scale of the drawing and a sufficient written description to define the
location and boundaries of the particular area.
C.The names, addresses and phone numbers of the owner, partitioner, and (if appropriate) the
surveyor.
D.The location, name and right-of-way width of all streets, alleys and private ways.
E.The location and width of all public and private easements for drainage and public utilities.
F.The dimensions (to the nearest foot) of the total area.
G.The number, dimensions (to the nearest foot) and square footage of the proposed lots.
H.The location of all existing and proposed structures on the property, including structures on
adjacent properties that are within twenty-five (25) feet of the subject lot lines.
I.The approximate location of areas subject to inundation or storm water overflow, all areas covered
by water, and the location, width and direction of flow of all water courses.
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J.The names of the recorded owners of all land adjacent to the partition.
K.An indication of the direction and approximate degree of slopes.
SECTION 18.76.040Administrative Preliminary Approval.
Preliminary approval for all minor land partitions which require no Type II variances shall be processed
under the Type I procedure.
SECTION 18.76.050Preliminary Approval
An application for a preliminary partition shall be approved when the following conditions exist:
A.The future use for urban purposes of the remainder of the tract will not be impeded.
B.The development of the remainder of any adjoining land or access thereto will not be impeded.
C.The tract of land has not been partitioned for 12 months.
D.The partitioning is not in conflict with any law, ordinance or resolution applicable to the land.
E.The partitioning is in accordance with the design and street standards contained in the Chapter
18.88, Performance Standards Options. (Ord 2836 S8, 1999)
F.When there exists adequate public facilities, or proof that such facilities can be provided, as
determined by the Public Works Director and specified by City documents, for water, sanitary
sewers, storm sewer, and electricity.
G.When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest
fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access
shall be improved with an asphaltic concrete pavement designed for the use of the proposed street.
The minimum width of the street shall be 20-feet with all work done under permit of the Public
Works Department.
1.The Public Works Director may allow an unpaved street for access for a minor land partition
when all of the following conditions exist:
a.The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial
street.
b.The centerline grade on any portion of the unpaved street does not exceed ten percent.
2.Should the partition be on an unpaved street and paving is not required, the applicant shall
agree to participate in the costs and to waive the rights of the owner of the subject property to
remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to cover
such improvements and costs thereof. Full street improvements shall include paving, curb,
gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to
the signing of the final survey plat, and if the owner declines to so agree, then the application
shall be denied.
H.Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
(ORD 2951, amended, 07/01/2008)
SECTION 18.76.060Preliminary Approval of Flag Partitions,
Partitions involving the creation of flag lots shall be approved by the Planning Commission if the following
conditions are satisfied:
A.Conditions of the previous section have been met.
B.Except as provided in subsection 18.76.060.K, the flag drive for one flag lot shall have a minimum
width of 15 feet, and a 12 foot paved driving surface. For drives serving two lots, the flag drive
shall be 20 feet wide, with 15 feet of driving surface to the back of the first lot, and 12 feet,
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respectively, for the rear lot. Drives shared by adjacent properties shall have a width of 20 feet,
with a 15 foot paved driving surface.
Flag drives shall be constructed so as to prevent surfacedrainage from flowing over sidewalks or
other public ways. Flag drives shall be in the same ownership as the flag lots served. Where two
or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and
an easement foraccess shall be granted to the other lot or lots. There shall be no parking 10 feet on
either side of the flag drive entrance.
Flag drive grades shall not exceed a maximum grade of 15%. Variances may be granted for flag
drives for grades in excess of 15% but no greater than 18% for no more than 200'. Such variances
shall be required to meet all of the criteria for approval as found in 18.100.
Flag drives serving structures greater than 24 feet in height, as defined in 18.08.290, shall provide a
Fire Work Area of 20 feet by 40 feet within 50 feet of the structure. The Fire Work Area
requirement shall be waived if the structure served by the drive has an approved automatic sprinkler
system installed.
Flag drives and fire work areas shall be deemed FireApparatus Access Roads under the Oregon
Fire Code and subject to all requirements thereof.
When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a
turnaround as defined in the Performance Standards Guidelines in18.88.090. The Staff Advisor,
in coordination with the Fire Code Official, may extend the distance of the turnaround requirement
up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions.
C.Each flag lot has at least threeparking spaces situated in such a manner as to eliminate the necessity
for backing out.
D.Curb cuts have been minimized, where possible, through the use of common driveways.
E.Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen
hedge to a height of from four to six feet, except in the front yard setback area where, starting five
feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area.
Such fence or landscaping shall be placed at the extreme outside of the flag drive in order to ensure
adequate fire access.
F.The applicant has executed and filed with the Planning Department an agreement between
applicant and the city for paving and screening of the flag drive. Such anagreement shall specify
the period within which the applicant, or agent for applicant, or contractor shall complete the
paving to standards as specified by the Director of Public Works and screening as required by this
section, and providing that if applicant should fail to complete such work within such period, the
City may complete the same and recover the full cost and expense thereof from the applicant. An
agreement shall also provide for the maintenance of the paving and screening to standards as
indicated in this section and the assurance that such maintenance shall be continued.
G.A site plan has been approved by the Planning Commission. The site plan shall be approved
provided the regulations of the zoning and subdivision titles are satisfied. Such a site plan shall
contain the map requirements listed in Section 18.76.050 and the following information:
1.The location of driveways, turnarounds parking spaces and useable yard areas.
2.The location and type of screening.
3.For site plans of a flag lot, the building envelope shall be identified.
H.No more than two lots are served by the flag drive.
I.For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag
drive area, must meet the minimum square footage requirements of the zoning district.
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J.Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet
wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard
area which is unobstructed by a structure or automobile from the ground upward.
K.Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1.Vehicle access shall be from the alley only where required as a condition of approval;
2.No screening and paving requirements shall be required for the flagpole;
3.A four foot pedestrian path shall be installed within the flag pole, improved and maintained
with either a concrete, asphalt, brick, or paver block surface from the street to thebuildable area
of the flag lot;
4.The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street
shall be identified by the address of the flaglot clearly visible from the street on a 4" X 4" post
3½ feet high. The post shall be painted white with black numbers 3 inches high running
vertically down the front of the post. For flagpoles serving two or more dwellings, the
addresses of such dwellings shall be on a two feet by three feet white sign clearly visible from
the street with three inch black numbers.
(ORD 2951, amended, 07/01/2008)
SECTION 18.76.070Notification.
On any partition where the number of lots is increased, property owners that are within two hundred (200)
feet of the exterior boundaries of the proposed partition shall be notified by mail at least ten (10) days before
preliminary approval is granted.
SECTION 18.76.075Expiration of Preliminary Partition Plan.
Preliminary partition plans approved under this Chapter shall expire if a final partitionplat has not been
approved by the City within eighteen (18) months of preliminary plan approval.
(ORD 2951, added, 07/01/2008)
SECTION 18.76.080Further Lot Division.
When the lots of a partition can be further divided, the Planning Commission may require a development
plan for the tract of land. If the Planning Commission determines that an area or tract of land has been or is
in the process of being divided into four (4) or more lots, it can require full compliance with all Subdivision
regulations.
SECTION 18.76.090Conditions May be Set.
The Planning Commission or the Staff Advisor may require dedication of land or easements, signing in
favor of street improvements, and conditions or modifications relating to improvements such as sidewalks,
utilities, and the standards of the Subdivision Chapter and the development plan for the area. In no event
shall the Planning Commission or the Staff Advisor require greater dedications or conditions than could be
required if the area were subdivided. Underground utilities shall be required in connection with all land
partition applications as set forth in subsections 18.80.060(C) through 18.80.060(F) of this Title.
SECTION 18.76.100Final Step.
Within twelve (12) months of the date of preliminary map approval, the tract of land shall be surveyed, pins
set at all corners, and a final map submitted to the Planning Department incorporating any conditions or
modifications of the map's preliminary approval. If the applicant has not completed the foregoing within
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the twelve (12) month period, the applicant must resubmit the partition for preliminary approval
consideration.
SECTION 18.76.110Final Map Requirements.
The map to be filed with the County Clerk shall be legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on polyester-base film having a minimum thickness of .003", 18"
x 24". If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to
ensure permanent legibility. An autopositive in black on polyester-base film shall also be filed with the
County Surveyor. A reproducible copy of the final map shall be filed with the City Engineer. The map
shall incorporate the following items before approval will be given:
A.Title block, top and center specifying "minor or major partition", the partition number, City of
Ashland and the applicant's name.
B.Name of the property owner and developer.
C.Number of each lot in the partition.
D.Date, scale and north point (arrow) generally pointing to the top of the map.
E.Basis of bearing determined by solar observation, Polaris observation, or true bearing determined
from the National Oceanic and Atmospheric Administration Survey Net (formerly Coast and
Geodetic Survey).
F.The name and right-of-way width of adjacent streets, alleys and private ways.
G.Irrigation and drainage easements. Those portions of land within the boundaries of the
partitioning subject to periodic inundation which affect the intended use of the land together with
the method or source of such determination. Also, other easements of record or conditions which
affect the title of land or the use of land.
H.All stakes, monuments, or other evidence found and used to establish boundaries of the partition.
Any lines or boundaries shown by approximation clearly identified as such.
I.Established center lines by the City of adjoining streets.
J.The length of all arcs, radii and central angles. Adjust all distances to the nearest 100th of a foot,
except on curves, which may be shown closer. Adjust all bearings to the nearest ten (10) seconds.
The error of field closure shall not exceed one (1) foot in five thousand (5,000).
K.Area of each parcel expressed in either square feet or acres.
L.Monumentation:
1.All monuments shall be a minimum diameter of five-eighths inches (5/8") for iron pins and a
minimum inside diameter of one-half inches (½") for iron pipes. For concrete monuments,
refer to ORS 92.060 as amended by Senate Bill No. 487.
2.Witness corners may be set when it is impractical or impossible to set a monument in its true
position, providing course and distance are given to the true position.
3.All monuments shall be clearly identified with the surveyor's or engineer's name or registration
number.
M.Certification of approval before filing with County Clerk and County Surveyor:
1.Signature of approval on the face of the map by the Executive Secretary of the Planning
Commission, or authorized representative.
2.Dedication of easements for utilities and/or widening of street shall be made on the face of the
map. Statement of dedication by owner-developer with signature attested to by notarization.
3.Surveyor's certificate is to be shown with surveyor's seal and signature on the face of the map.
4.Signature of approval by the City Engineer is required when dedication of streets or easements
is made on the map.
N.Discovery of error and omissions:
1.All corrections or additions on a final map shall be made in ink suitable for the material and
sprayed with suitable plastic material for preservation, including those prior to recording.
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2.He shall file an affidavit stating the nature of the error with the County Recorder.
3.The map then shall be corrected and initialed by the surveyor under the direction of the County
Surveyor.
4.The affidavit document number and date shall be placed on the face of the map that is recorded.
SECTION 18.76.120Acceptance of the Final Map.
Final maps offered for approval shall not be accepted if the individual or agent of a corporation being
responsible for the final map is acting simultaneously as the surveyor or engineer for the applicant or
developer and the entity having jurisdiction of the minor and major partitioning.
SECTION 18.76.130Final Approval by the Secretary.
When the Staff Advisor determines that the final map conforms to the final map requirements and
specifications and the conditions (if any) of preliminary approval, the Secretary, or authorized
representative, shall date and sign the final map.
SECTION18.76.140Lot Line Adjustments.
The adjustment of a lot line by the relocation of a common boundary, where the number of parcels is not
changed and all zoning requirements are met, shall be accepted by the City, provided the requirements of
Sections 18.76.090 through 18.76.130 are satisfied, in addition to Section 18.76.170, where the lot
adjustment causes access to be changed to an exterior unimproved street.
SECTION 18.76.150Issuance of Building Permits.
The final map shall receive final approvaland pins set before the issuance of a building permit.
SECTION 18.76.160Selling and Negotiating for Land.
A portion or portions of a tract or area of land shall not be sold, leased, or the right of possession changed
without prior final approval of a partition. However, a person may offer or negotiate to sell, lease, or
change the right of possession of any parcel prior to the approval of a final partition map.
SECTION 18.76.170Exterior Unimproved Streets and Access Ways.
The following improvements are required for property being minor land partitioned adjacent to a street not
improved to full city and standards. Major land partitions shall comply with the requirements of the Street
Standards in Chapter 18.88, Performance Standards Options. These requirements shall apply to streets
which are dedicated in whole or in part, or where the Planning Commission finds that it is essential to the
future development and interior access or circulation of an area for dedication to be provided. All
improvementsshall be along the entire frontage of the property and along the unimproved street to the
nearest fully improved collector or arterial street, and are to be installed at the expense of the land divider.
(Ord 2551 S3, 1990)
A.The final elevation of the street be established as specified by the Director of Public Works except
where the establishment of the elevation would produce a substantial variation in the level of the
road surface. In this case, the lot's slopes shall be graded to meet the final street elevation.
B.The street be graded (cut and filled) to its standard physical width, and surfaced as required in
18.76.050 G. prior to the signature of the partition survey plan by the City of Ashland. (Ord
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2551 S4, 1990)
C.Drainage ditches be provided at the probable curb and gutter location.
D.Pedestrian ways (unimproved sidewalks) be provided within the street right-of-way between the
drainage ditch and the property line.
E.The street be surfaced as required in 18.76.050 G. to a minimum width of twenty (20) feet with all
work done under permit from the Public Works Department. (Ord 2551 S5, 1990)
F.Functional, not legal, access may be obtained through use of a deeded easement where serving not
more than two (2) dwellings, and access shall meet therequirements for a flag drive.(Ord 2836 S9,
1999)
SECTION 18.76.180Private Ways.
Private ways may be created as provided in 18.80.030(B)(1).
SECTION 18.76.190Dedication of Property for Public Use.
The requirement of fulfilling minor partitioning procedures may be waived in instances of partitioning for
dedications of property for public use as street right-of-way. (Ord. 2228, 1982)
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CHAPTER 18.80
SUBDIVISIONS
SECTIONs:
18.80.010Proposals to be Submitted.
18.80.020Design Standards.
18.80.030Approval of streets.
18.80.040Preliminary plat.
18.80.050Final plat.
18.80.060Improvements.
SECTION 18.80.010Proposals to be Submitted.
Proposals for subdivision of land shall be submitted to the Planning Commission for approval through the
Director ofPublic Works. Such proposals shall conform to all provisions of this Chapter.
SECTION 18.80.020Design Standards.
Acceptability -principles:
A.The subdivision shall conform with any development plans and shall take
into consideration any preliminary plans made in anticipation thereof. The subdivision shall conform
with the requirements of State laws and the standards established by this Chapter.
Streets:
B.The Street Standards in Chapter 18.88, Performance Standards Options, shall apply to
developments under this chapter.
Reserve Strips.
1.Reserve strips or street plugs shall be created to control access onto any street
which terminates upon any undeveloped land through which the street might logically extend. In
such cases, the street shall be provided to within one foot of the boundary line of the tract with the
remaining one foot being granted in fee to the City as a reserve strip. Upon approved dedication of
the extension of the affected street, the one-foot reserve strip shall be dedicatedby the City to the
public use as a part of said street. This dedication will be automatic and without further action by
the City. This action shall also apply retroactively to all previously created reserve strips where
the streets have been extended and dedicated for street purposes. (Ord. 2436, 1987)
Alignment.
2.All streets as far as is practical shall be in alignment with the existing streets by
continuation of the center lines thereof. The staggering of street alignment resulting in "T"
intersections shall wherever practical leave a minimum distance of 125 feet between the center
lines of streets.
Future extension of streets.
3.Where necessary to give access to or permit a satisfactory
subdivision of adjoining land, streets shall be extended to the boundary of the subdivision and the
resulting dead-end streets may be approved without a turnaround. Reserve strips and street plugs
may be required to preserve the objectives of street extensions.
Intersection angles.
4.Streets shall be laid out to intersect at an angle as near to a right angle as
practical, except where topography requires a lesser angle. Property lines at intersections with
arterial streets shall have a minimum corner radius of twenty (20) feet and property lines at other
street and alley intersections shall have a minimum corner radius adequate to allow sidewalk and
utility space and a curb radius of ten (10) feet.
Existing streets.
5.Whenever existing streets adjacent to or within a tract are of inadequate width,
additional right-of-way shall be provided at the time of subdivision.
6.Frontage and limited access roads may be required as defined in Sections 18.72.040(L) and
18.72.040(M) of this Title.
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Access to subdivision.
7.All major means of access to a subdivision or major partition shall be
from existing streets fully improved to City standards, and which, in judgment of the Director of
Public Works, have the capacity to carry all anticipated traffic from the development.
Half streets.
8.Half streets, while generally not acceptable, may be approved when essential to the
reasonable development of the subdivision, when in conformity with the other requirements of
these regulations, and when the Planning Commission finds it will be practical to require the
dedication of the other half when the adjoining property is subdivided. Whenever a half street is
adjacent to a tract to be subdivided, the other half of the street may be platted within such tract.
Reserve strips and street plugs may be required to preserve the objectives of the half streets.
Cul-de-sacs.
9.A cul-de-sac shall be as short as possible and shall have a maximum length of five
hundred (500) feet. All cul-de-sacs shall terminate with a circular turnaround unless alternate
designs for turning and reversing direction are approved by the Planning Commission.
Street names.
10.No street name shall be used which will duplicate or be confused with the names of
existing streets in Ashland and vicinity except for extensions of existing streets. Streets which are
an extension of, or are in alignment with, existing streets shall have the same name as the existing
street. Street names and numbers shall conform to the establishment pattern for the City and shall
be subject to the approval of the Planning Commission.
Streets adjacent to railroad right-of-way.
11.Wherever the proposed subdivision contains or is
adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to
and on each side of such right-of-way at a distance suitable for the appropriate use of the land
between the streets and the railroad. The distance shall be great enough to provide sufficient depth
to allow screen planting along the railroad right-of-way.
Easements.
C.
Utility lines.
1.Easements for sewers, water mains, electric lines, or other public utilities shall be
dedicated wherever necessary. The easements shall be a minimum of ten (10) feet in width.
Watercourses.
2. Where a subdivision is traversed by a watercourse such as a drainage way,
channel, or stream, there shall be provided a storm water easement or drainage right-of-way
conforming substantially with the lines of the watercourse, and such further width as will be
adequate for the purpose. Streets or parkways parallel to major watercourses may be required.
Lots.
D.
1.Lots shall meet the requirements of the zone in which the subdivision is located. These minimum
standards shall apply with the following exceptions:
a.In areas that will not be served by a public sewer, minimum lot size shall be increased to
conform with the requirements of the County Health Department and shall take into
consideration problems of water supply and sewer disposal.
b.Minimum lot standard shall not conflict with City zoning standards.
c.Where property is zoned and planned for industrial or business use, other standards may be
permitted at the discretion of the Planning Commission. Depth and width of properties reserved
or laid out for commercial and industrial purposes shall be adequate to provide for the off-street
service and parking facilities required by the type of use and development contemplated.
Access.
2.Each lot shall abut upon a street, other than an alley, for a width of at least forty (40) feet,
except in the case of lots located upon the curved portion of cul-de-sacs or knuckles, or in the case
where topography warrants a narrower width. In no case shall a lot abut upon a street for a width of
less than twenty-five (25) feet.
Through lots.
3.Through lots shall be avoided except where essential to provide
separation or residential development from major traffic arteries or adjacent nonresidential
activities or to overcome specific disadvantages of topography and orientation. A planting screen
easement of at least ten (10) feet, across which there shall be no right of access, may be required
along the line of lots abutting such a traffic artery or other disadvantageous use. Through lots with
planting screens shall have a minimum average depth of one hundred ten (110) feet.
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Lot side lines.
4.The side lines of lots, as far as practicable, shall run at rightangles to the street
upon which the lot faces.
Lot grading.
E.Lot grading shall conform to the following standards unless physical conditions
demonstrate the propriety of other standards.
1.Cut slopes shall not be steeper than one and one-half (1 ½) feet horizontally to one (1) foot
vertically.
2.Fill slopes shall not be steeper than two (2) feet horizontally to one (1) foot vertically.
3.Cut slopes and fill slopes along sideand rear lot lines shall be planted with ground cover and shrubs
or trees, or by some other method approved by the City.
Large lot subdivision.
F.In subdividing tracts into large lots which at some future time are likely to be
re-subdivided, the Planning Commission may require that the blocks shall be of a size and shape, be
divided into lots and contain building site restrictions to provide for extension and opening of streets at
intervals which will permit a subsequent division of each parcel into lotsof smaller size.
Land for public purposes.
G.
1.The Planning Commission may require the reservation for public acquisition, at a cost not to
exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision
for a period not to exceed one (1) year, providing the City knows of an intention on the part of the
State Highway Commission, school district or other public agency to acquire a portion of the area
within the proposed subdivision for a public purpose, including substantial assurance that positive
steps will be taken in the reasonable future for the acquisition.
2.The Planning Commission may require the dedication of suitable areas for the parks and
playgrounds that will be required for the use of the population which is intended to occupy the
subdivision.
Landscaping.
H.The Planning Commission shall ensure that lot coverage requirements of the zoning
district are met appropriately. If lot disturbance exceeds the percentage allowable, the subdivider shall
submit as part of the Final Plat procedure, a landscaping plan to be approved by the Commission, and
which will conform with the letter and intent of the zone district requirements, the slope requirements in
the General Regulations of this Title, and any other applicable section. Performance shall be assured
in accordance with Section 18.80.050 of this Chapter.
Exceptions -large scale development.
I.The Planning Commission may modify the standards and
requirements of this Chapter if the subdivision plat comprises a complete neighborhood unit, a large
scale shopping center, or a planned industrial area. The Planning Commission shall determine that
such modifications are not detrimental to the public health, safety, and welfare and that adequate
provision is made within the development for traffic circulation, open space, and other features that
may be required in the public interest.
J.The Planning Commission may modify the standards and requirements of this Chapter where the
applicant presents innovative design concepts that will assist in providing livable housing at reasonable
cost. Such modifications of standards shall be made only in conformance with the intent of this
Chapter, and in conformance with all applicable portions of this Title.
(Ord 2836 S10, Amended, 02/02/1999, 18.80.020 (B) (C) amended)
SECTION 18.80.030Approval of streets.
Creation of streets.
A.
1.The Street Standards in Chapter 18.88, Performance Standards Options, shall apply to
developments under this chapter, except that the Planning Commission shall approve the creation
of a street to be established by deed without full compliance with the regulations applicable to
subdivisions when any of the following conditions exist:
a.The establishment of a street is initiated by the City Council and is declared essential for the
purpose of general traffic circulation and the partitioning of land is an incidental effect rather
than the primary objective of the street.
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b.The tract in which the street is to be dedicated is an isolated ownership of one (1) acre or less.
2.In those cases where approval of a street may be given without full compliance with the regulations
applicable to subdivision, a copy of the proposed deed shall be submitted to the City prior to the
Planning Commission meeting at which consideration is requested. The deed, and such
information as may be submitted, shall be reviewed by the Planning Commission and, if not in
conflict with the design standards (Section 18.80.020), shall be approved with conditions necessary
to preservethese standards. Within ninety (90) days following approval, the street shall be
surveyed, mapped, and duly recorded with the County Surveyor. (Ord 2836 S11, 1999)
Creation of private ways.
B.
1.Any easement of way providing access to property and whichis created in order to allow the
partitioning of land for the purpose of transfer of ownership or building development, whether
immediate or future, shall be in the form of a street either in a subdivision or as provided in "A"
above, except that a private way to be established by deed without full compliance with these
regulations shall be reviewed as a Type I Procedure if it is the only reasonable means of access to a
landlocked parcel. (Ord. 2121 S7, 1981;)
SECTION 18.80.040Preliminary plat.
Submission.
A.The subdivider shall submit eight (8) copies of a preliminary plat and other
supplementary material as may be required to indicate the general program and objectives of the project
to the office of the Director of Public Works. The plat shallbe prepared by a registered surveyor.
Scale.
B.The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four (24) inches
in size at a scale no smaller than one (1) inch equals one hundred (100) feet.
General information.
C.The following general information shall be shown on the preliminary plat:
1.Proposed name of the subdivision, which must not duplicate nor resemble the name of another
subdivision in Jackson County and shall be approved by the Planning Commission.
2.Date, northpoint, and scale of drawing.
3.Appropriate identification clearly stating the map is a preliminary plat.
4.Location of the subdivision sufficient to define the location and boundaries of the proposed tract.
5.Names and addresses of the owner, subdivider, and surveyor.
Existing conditions.
D.The following existing conditions shall be shown on the preliminary plat:
1.The location, width, and names of all existing or platted streets within or adjacent to the tract,
together with easements and other important features, such as section lines and corners, and
monuments.
2.Location and direction of all watercourses and areas subject to flooding.
3.Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees.
4.Existinguses of the property, including location of all existing structures to remain on the property
after platting.
5.Zoning on and adjacent to the tract.
6.Contours at an interval of five (5) feet.
Land division -proposed plan.
F.The following information shall be included on the preliminary plat.
1.The location, width, names and approximate grades of streets, and the relationship of the streets to
any projected streets as shown on any development plan adopted by the Planning Commission, or if
there is no development plan, as suggested by the City to assure adequate traffic circulation.
2.The location and purpose of easements.
3.The location, approximate dimensions, and proposed lot and block numbers, for all lots and blocks.
4.Sites, if any, allocated for purposes other than single family dwellings.
Partial development.
G.Where the plat to be subdivided contains only part of the tract owned or
controlled by the subdivider, the Planning Commission may require a Master Plan for the unsubdivided
portion.
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Explanatory information.
H.The following information shall be submitted in separate statements
accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat:
1.A vicinity map, showing existing subdivisions, streets, and unsubdivided land adjacent to the
proposed subdivision and showing how proposed streets may be extended to connect with the
existing streets.
2.Proposed deed restrictions, if any, in outline form.
3.Where there are slopes in excess of ten (10) percent within the area to be subdivided, a preliminary
grading plan may be required by the Planning Commission. A grading plan should show existing
and finished grades on lots and streets proposed to be graded. Before grading can begin, the
grading plan shall be approved by the Planning Commission, which may request a review and
report from the City Engineer.
Tentative approval.
I.
1.Within thirty (30) days from the first regular Planning Commission meeting following submission
of the plat, the Planning Commission will review the plan and may give tentative approval of the
preliminary plat as submitted or as it may be modified or, if disapproved, shall express its
disapproval and its reasons therefor.
2.Approval of the preliminary plat shall indicate the Planning Commission's approval of the final plat
provided there is no change in the plan of subdivision as shown on the preliminary plat and there is
full compliance with the requirements of this Title.
3.The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat,
including reference to any attached documents, describing conditions. One (1) copy shall be
returned to the subdivider and the other retained by the Planning Commission. (Ord. 2052, 1979)
SECTION 18.80.050Final plat.
Submission.
A.Within twelve (12) months after tentative approval of the preliminary plat, the
subdivider shall cause the subdivision or any part thereof to be surveyed and a final plat prepared in
conformance with the preliminary plat as tentatively approved. The subdivider shall submit the
original drawing, an exact or auto positive copy, five (5) prints of the final plat, and any supplementary
information to the City. If the subdivider wishes to proceed with the subdivision after the expiration of
the twelve (12) month period following the tentative approval of the preliminary plat by the Planning
Commission, the preliminary plat must be resubmitted to the Planning Commission and showing any
revision considered necessary to meet changed conditions. If the final plan or the first phase of the
plan is not approved within eighteen (18) months from the date of the approval of the preliminary plat is
terminated and void and of no effect whatsoever. Extensions, prior to the expiration date, may be
granted as a Type I procedure as set forth in Chapter 18.108 of this Title. (Ord. 2097 S22, 1980)
Information.
B.In addition tothat otherwise specified by law, the following information shall be shown
on the final plat:
1.The date, scale, north point, legend and controlling topography such as creeks, ditches, highways,
and railroad right-of-way.
2.Legal description of the tractboundaries and the file number of the subdivision.
3.Name and address of the owner, subdivider, and surveyor.
4.Reference points of existing surveys identified, related to the plat by distances and bearings, and
referenced to a field book or map as follows:
a.Stakes, monuments, or other evidence found on the ground and used to determine the
boundaries of the subdivision.
b.Adjoining corners of adjoining subdivisions.
c.Other monuments found or established in making the survey of the subdivision or required to
be installed by provisions of this Title.
5.The exact location and width of streets and easements intersecting the boundary of the tract.
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6.Lines with dimensions, bearings or deflection angles, radii, arcs, points of curvature and tangent
bearings for tract, lot, and boundaries and street bearings. All distances shall be shown to the
nearest one-hundred (100) feet. No ditto marks shall be used.
7.The width of the portion of streets being dedicated, the width of any existing right-of-way and the
width on each side of the center line. For streets on curvature, curve data shall be based on the
street center line and, in addition to center line dimensions, the radius and central angle shall be
indicated.
8.Easements denoted by fine dotted lines, clearly identified and, if already of record, its recorded
reference; if an easement is not definitely located of record, a statement of the easement, the width
of the easement, its length and bearing and sufficient ties to locate the easement with respectto the
subdivision must be shown; if the easement is being dedicated by the map, it shall be properly
referenced in the owner's certificate of dedication.
9.Lot numbers beginning with the number "1" and continuing consecutively without omission or
duplication throughout each block of the subdivision.
10.Block numbers beginning with the number "1" and continuing consecutively without omission or
duplication throughout the subdivision. The numbers shall be solid, of sufficient size and
thickness to stand out and so placed as not to obliterate any figure. Block numbers in addition to a
subdivision of the same name shall be a continuation of the numbering in the original subdivision.
11.Land parcels to be dedicated for any purpose, public or private, to bedistinguished from lots
intended for sale.
12.Building setback lines, if any, are to be made a part of the subdivision restrictions.
13.The following certificates which may be combined where appropriate.
a.A certificate signed and acknowledged by all parties having record title interest in the land,
consenting to the preparation and recording of the plat.
b.A certificate signed and acknowledged as above, dedicating all parcels of land shown on the
final plat and intended for any public use, except those parcels which are intended for the
exclusive use of the lot owners in the subdivision, their licensees, visitors, and servants.
c.A certificate signed by the surveyor responsible for the survey and final map (the signature of
the engineer or surveyor to be accompanied by their seal).
d.All other certifications now or hereafter required by law.
Survey requirements.
14.
a.Basis of bearing determined by solar observation, polarisobservation or true bearing
determined from the National Oceanic and Atmospheric Administrator Survey Net (formerly
Coast and Geodetic Survey).
b.All monuments shall be minimum diameter of five-eighths inch (5/8") for iron pins and a
minimum inside diameter of one-half inch (½") for iron pipes. For concrete monuments, refer
to O.R.S. 92.060 as amended by Senate Bill No. 487.
c.All monuments shall be clearly identified with the surveyor's name and/or registration number.
d.Witness corners may be set when it is impractical or impossible to set a monument on its true
position providing course and distance is given to the true position.
e.Marking interior monuments after recording of plat may be accomplished under the following
conditions:
1.That an approved bond or cash deposit be furnished to the City of Ashland in an amount
equal to the estimated cost of performing the work.
2.That all conditions set forth under O.R.S. 92.065 be adhered to.
Discovery of Error and Omissions.
15.
a.All corrections or additions on a final map shall be made in ink suitable for the material and
sprayed with suitable plastic material for preservation, including those prior to recording.
b.When an error is discovered on a recorded survey, the surveyor who made the error may make
corrections providing:
1.Errors shall be corrected by lining out and no erasures will be permitted.
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2.An affidavit stating the nature of the error or errors shall be filed with the County Recorder.
3.The map then shall be corrected and initialed bythe surveyor under the direction of the
County Surveyor.
4.The affidavit document number and date shall be placed on the face of the map that is
recorded.
Supplemental information.
C.The following shall accompany the final plat:
1.A subdivision guarantee or other report from a title insurance company which shows all of the
parties who are either the fee owners or mortgage or lien holders concerning the land to be
subdivided.
2.Sheets and drawings showing the following:
a.Traverse data including the coordinates of the boundary of the subdivision and showing the
error of closure, if any.
b.The computation of all distances, angles, and courses shown on the final map.
c.Ties to existing monuments, proposed monuments, adjacent subdivisions, and street corners.
3.A copy of any deed restrictions applicable to the subdivision.
4.Plans for the disposition, development, and maintenance of any common open space, including
legal agreements related thereto.
Technical review.
D.Upon receipt by the City, the final map and other data shall be reviewed by the
City Engineer and Staff Advisor who shall determine whether the subdivision as shown is substantially
the same as it appeared on the approved preliminary plat and that there has been compliance with
provisions of the law and of this code. The City may make such checks in the field as are desirable to
verify that the map is sufficiently correct on the ground and City representatives may enter the property
for this purpose. If the City Engineer determines that full conformity has not been made, the
subdivider shall be advised of the changes or additions that must be made and shall afford the
subdivider an opportunity to make the changes or additions.
Approval.
E.If the City Surveyor and Staff Advisor determine that the final plat is in full conformance
with the approved preliminary plat and other regulations, the Staff Advisor and the City Surveyor may
then sign the plat without further action by the Planning Commission. If the final plat is not in full
conformance or if the City Surveyor elects, the plat shall be submitted to the Planning Commission.
When submitted to the Planning Commission, approval of the final plat shall be by a majority of those
present. If the plat is signed without further review by the Planning Commission, the action shall be
reported to the Planning Commission by the Chairman of the Commission at the next regular meeting.
Provided, however, that prior to certifying its approval on the final plat, the Planning Commission shall
requirethe subdivider to file the agreement and bond or make the deposit required in Sections F and G
below. (Ord. 2787, 1996)
Agreement for improvements.
F.Before Planning Commission approval is certified on the final map,
the subdivider shall either install required improvements or shall execute and file with the City
Engineer an agreement between the subdivider and the City, specifying the period within which the
subdivider, or agent for subdivider, or contractor shall complete all improvement work requiredby or
pursuant to this Title, and providing that if subdivider shall fail to complete such work within such
period the City may complete the same and recover the full cost and expense thereof from the
subdivider. The agreement shall also provide for reimbursement to the City by the subdivider for the
cost of inspection by the City Engineer. Such agreement may also provide for the construction of the
improvements in units, for an extension of time under conditions therein specified, and for the
termination of the agreement upon the completion of proceedings under an assessment district act for
the construction of improvements deemed by the City to be at least the equivalent of the improvements
specified in said agreement and required to be constructed by the subdivider.
The time period for completion shall not exceed eighteen (18) months for a subdivision, or one (1) of
not more than three (3) phases of a subdivision, each containing no fewer than twenty (20) units.
Following expiration of the allowed time period, failure to complete may be met by the City completing
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the work as specified above, or by voiding of the final plat. The course chosen shall depend on the
stage of completion, if any, and the nature of the surrounding area. The decision regarding completion
or plat voiding shall be made by the Planning Commission.
Bond.
G.
1.The subdivider shall file with the agreement, to assure full and faithful performance thereof, one of
the following:
a.An irrevocable letter of credit payable to the City in the event the agreement for improvements
is not performed.
b.A surety bond executed by a surety company authorized to transact business in the state.
c.Cash.
2.Such assurance of full and faithful performance shall be for a sum approved by the City Engineer as
sufficient to cover the cost of said improvements, engineering, inspection, and incidental expenses,
and to cover replacement and repair of existing streets and other public improvements damaged in
the development of the subdivision and must be approved by the City Engineer as to form.
3.In the event the subdivider fails to complete all improvement work in accordance with the
provisions of this Title, and the City has completed same, or if the subdivider fails to reimburse the
City for the cost ofinspection, engineering, and incidental expenses, and to cover cost of
replacement and repair of existing streets or other improvements damaged in the development of
the subdivision, the City shall call on the surety for reimbursement, or shall appropriate from any
cash deposits funds for reimbursement. In any such case, if the amount of surety bond or cash
deposit exceeds all cost and expense incurred by the City, it shall release the remainder of such
bond or cash deposit, and if the amount of the surety bond or cash deposit is less than the cost and
expense incurred by the City, the subdivider shall be liable to the City for such difference.
Filing.
H.The subdivider shall, without delay, submit the final plat for signatures of other public officials
required by law. Approval of the final plat is null and void if the plat is not recorded within sixty (60)
days after the date the last required signature has been obtained.
SECTION 18.80.060Improvements.
Improvement procedure.
A.In addition to other requirements, improvements installed by the
subdivider either as a requirement of these regulations or at subdividers own option shall conform to the
requirements of this Title and improvement standards and specifications followed bythe City. The
improvements shall be installed in accordance with the following procedure:
1.Work shall not begin until plans have been checked for adequacy and approved by the City. To
the extent necessary for evaluation of the subdivision proposal, the plans may be required before
approval of the final map.
2.Work shall not begin until the City has been notified in advance, and if work has been discontinued
for any reason, it shall not be resumed until the City has been notified.
3.Improvements shallbe constructed under the inspection and to the satisfaction of the City. The
City may require changes in typical sections and details if unusual conditions arise during
construction to warrant the change in the public interest.
4.All underground utilities, sanitary sewers, and storm drains installed in streets shall be constructed
prior to the surfacing of such streets. Stubs for service connections for all underground utilities
and sanitary sewers shall be placed to such lengths as will obviate the necessity for disturbing the
street improvements when service connections are made.
5.A reproducible map showing all public improvements as built shall be filed with the City Engineer
upon completion of such improvements.
Improvement requirements.
B.Improvements to be installed at the expense of the land divider are as
follows:
Interior streets.
1.All interior streets shall be graded for the entire right-of-way width, and
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roadways shall be improved with paving, curbs, gutters, and drainage. The subdivider shall
improve the extension of all subdivision streets to the center line of existing streets with which
subdivision streets intersect.
Exterior unimproved streets.
2.When part of a proposed subdivision or major land partition abuts
an existing unimproved street, the property owner, or a representative, shall satisfy the minor land
partition improvement requirements and sign an agreement in favor of improving said street in the
future to full City standards as outlined in this Section.
Structures.
3.Structures specified as necessary by the City, for drainage, access, and public safety
shall be installed.
Sidewalks.
4.Sidewalks may be required on one (1) or both sides of the street at the discretion of the
Planning Commission. Such requirement shall be related to the general level and type of
development in the area, the anticipated level of pedestrian traffic, and the safety and convenience
of children and other pedestrians.
5.Improvements to be installed or provided by subdividers include all itemsrequired by the Director
of Public Works at the time of the subdivider's plat and construction plan and specification
approval.
Sewers.
6.Sanitary sewer facilities including laterals connecting with the existing City sewer
system shall be installed to serve each lot. No septic tanks or cesspools will be permitted within
the City. Storm water sewers shall be installed as required by the City.
Water.
7.Water mains and services, fire hydrants of design, layout, and locations approved by the
Director of Public Works as conforming to City standards shall be installed.
Street trees.
8.Street trees may be required by the Planning Commission and shall conform with a
City street tree plan or specific requirements of the Commission relating to tree type, sizeand
spacing.
9.Landscaping on lots where the allowable percentage of lot disturbance has been exceeded.
Monuments.
10.Upon completion of street improvements, monuments shall be re-established and
protected in monument boxes at every street intersectionand at all points of intersection, or at all
points or curvature and points of tangency of street center lines.
Underground utilities -required.
C.All on site utility lines, including but not limited to electric,
communications, street lighting, and cable television, shall be installed underground, except as
provided in "D" below. For the purpose of this section, appurtenances and associated equipment such
as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter
cabinets, terminations for concealed ducts in an underground system, and street lighting structures and
fixtures may be placed above ground. This section does not apply to utility lines which do not provide
service to the area being subdivided.
Underground Utilities -Exceptions.
D. Minor land partitions shall not be required to provide
underground utilities, provided that all new service for residential uses shall have installed a service
panel and stubbed conduit to convert to underground utilities at a future date.
Underground Utilities -Cost.
E.The developer shall deposit with the City the total fee required in
Section 14.16.030 of this Code, and shall be responsible for all trenching and backfilling. (Ord. 2148
S2, 1981)\]
Underground Utilities -Rules and Regulations.
F.The City Council may, by resolution, adopt rules
and regulations governing the installation and allocation of costs for underground utility extensions.
(Ord. 2148 S3, 1981)
Safety Street Lighting.
G.Safety street lighting shall be provided by the developer in new subdivisions
and in private developments of five (5) acres or more. Developer shall bear all costs except wiring,
maintenance and energy. All street lighting improvements shall be installed to the satisfaction of the
Electric Superintendent in accordance with the specifications on file in the office of the Electric
Superintendent. The amount and intensity of illumination provided for street lighting shall be in
accordance with the standards established by the illuminating Engineering Society, American Standard
Association, as approved by the Electric Department.
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CHAPTER 18.82
STREET AND GREENWAY DEDICATIONS
SECTIONs:
18.82.010Purpose.
18.82.020Street Dedication Required.
18.82.030Building Construction Prohibited.
18.82.040Street Dedication Waived.
18.82.050Street Dedication Map.
18.82.060Dedication Required Prior to Final Approval.
SECTION 18.82.010Purpose.
To provide timely and orderly improvement and enlargement of the City street and greenway system
through the dedication of land by property owners upon development of their land.
SECTION 18.82.020Street Dedication Required.
Land will be dedicated by a property owner for the construction of a street or greenway when:
A.A development requiring a planning action, partition, or subdivision takes place on the owner's
property; and
B.The development will result in increases in the traffic generated (pedestrian, bicycle, auto) in the
area, by some measure; and
C.The property contains a future road or greenway dedicated on the official map adopted pursuant to
Section 18.82.050.
D.It is assumed that all development requiring planning actions will increase traffic generated in the
area unless it can be proven otherwise to the satisfaction of the Planning Commission.
E.The City may require additional right-of-way on streets which do not meet the Street Standards of
Chapter 18.88, Performance Standards Options, or for necessary realignments of intersections or
street sections. These do not have to be shown on the official map. (Ord 2836 S13, 1999)
SECTION 18.82.030Building Construction Prohibited.
The construction of permanent structures is prohibited in the right-of-way and associated setback areas of a
future street or greenway.
SECTION 18.82.040Street Dedication Waived.
The property owner is not required to dedicate land for the construction of a City street or greenway when it
has been proven, to the satisfaction of the Planning Commission, that the planned use will not increase in
any way, the automobile, pedestrian or bicycle traffic generated in the area. The owner is still prohibited
from building in the right-of-way or associated setback areas of the future street or greenway.
SECTION 18.82.050Street Dedication Map.
A.All future street and greenway dedications are to be shown on the official street dedication map adopted
by the City Council.
B.The Staff Advisor or the Planning Commission may modify the location of a required street or
greenway dedication to account for practical difficulties in implementing this ordinance, as long as the
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general intent of providing safe transportation from one point to another is ensured.
SECTION 18.82.060Dedication Required Prior to Final Approval.
A.Dedication of the future right-of-way for a street or greenway is required prior to final action on a
partitioning, subdivision, or development requiring a planning action.
B.If a plat is required for final action, the dedication shall be indicated on the plat as dedicated to the City
of Ashland.
C.If no plat is required, a deed with the dedication described by a registered surveyor shall be granted to
the City of Ashland. Said deed shall be provided with adequate title insurance or other assurance
necessary to ensure that the title is free of all encumbrances, back taxes or liens. (Ord. 2228, 1982)
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CHAPTER 18.84
MANUFACTURED HOUSING DEVELOPMENTS
SECTIONs:
18.84.010Purpose.
18.84.020General Provisions.
18.84.025Definitions.
18.84.030Procedure for Approval.
18.84.040Setback Requirements.
18.84.050Design Standards.
18.84.060Manufactured Housing Standards.
18.84.070Roadway, Parking and Sidewalk Standards.
18.84.080Storage and Temporary Occupancy of Manufactured Homes.
18.84.090Non-Conforming Manufactured Housing Developments.
18.84.100Special Conditions
SECTION 18.84.010Purpose.
The purpose of this chapter is to encourage the most appropriate use of land for manufacturing housing
development purposes, to encourage design standards which will create pleasing appearances, to provide
sufficient open space for light, air and recreation, to provide adequate access to and parking for
manufactured housing sites, and to refer minimum utility service facilities to appropriate City codes.
SECTION 18.84.020General Provisions.
A.No person shall establish, operate, manage, maintain, alteror enlarge any manufactured housing
development contrary to the provisions of this ordinance.
B.In addition to the requirements of this chapter, all manufactured housing developments shall conform to
the regulations of ORS Chapter 446, together with suchadministrative rules as may be adopted from
time to time, except where such regulations are exceeded by the requirements of this chapter, in which
case the more stringent requirements shall apply.
C.Manufactured housing developments shall be subject to regulations of this chapter and shall be located
only on sites approved for use under the provisions of such chapter.
D.Manufactured housing development may be located or relocated only in R-1-3.5 and R-2 zones.
SECTION 18.84.025Definitions.
The following terms are defined for the purpose of this Chapter and do not otherwise apply to the Land Use
Ordinance:
A.Building Envelope. An area, within the property boundaries of a lot or space, within which a
permitted manufactured housing or structure can beplaced.
B.City Facility. A public service or facility provided, owned and controlled by the City.
C.Diameter Breast Height. The outside diameter of the trunk of a tree, measured 4.5 feet above
ground level.
D.Homeowners Association. A homeowners association is an organization formed for the
maintenance and operation of the common areas of the development. The membership in the
association must be automatic with the purchase of a dwelling unit or other property in the planned
development. The association's principal source of funds shall be an assessment levied against
each dwelling unit or other property, which assessment shall be enforceable as a lien against the
property.
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E.Open Space. A common area designated on the final plans of the development, permanently set
aside for the common use of the residents of the development. The open area may be landscaped
and/or left with a natural vegetation cover, and in which area no thoroughfares, parking areas, or
improvements other than recreational facilities are located. All developments shall provide a
minimum of 5% of the total lot area in Open Space.
F.Pedestrian Path. A graded cleared way, adjacent to the curb at curb level, for individuals who
travel on foot.
G.Unbuildable Area. All areas outside of building envelopes and within open space.
SECTION 18.84.030Procedure for Approval.
Outline Plan:
A.
1.Application for subdivision approval under this Chapter shall be accompanied by a proposed
Outline Plan. For developments of less than 10 lots, the Outline Plan may be filed concurrently
with the Final Plan, as that term is defined in 18.84.030 B. 4. However, for developments of 10
lots or more prior Outline Plan approval is mandatory.
2.A Type II procedure, as defined in this Ordinance, shall be used for the approval of the outline plan.
3.Contents. The contents for an outline plan shall be as follows:
a.A topographic map showing contour intervals of five feet.
b.The proposed land uses and approximate locations of the existing buildings to be retained, the
proposed structures on the site, the proposed and existing property lines and easements on the
site, and existing buildings, structures, and trees greater than six inches in diameter measured at
breast height on the properties adjacent to the site, and all buildings within 160 feet of the site
boundaries.
c.The locations of all proposed thoroughfares, walkways, and parking facilities.
d.Public uses, including schools, parks, playgrounds, open spaces and trails.
e.Public or private utilities.
f.General areas of cuts and fill.
g.The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated
preservable trees.
h.The location and direction of all watercourses and areas subject to flooding.
i.Lots or areas for the location of the manufactured housing, with building envelopes showing
the permissible location of the dwelling unit.
j.Architectural elevations of proposed structures other than manufactured homes, if any. The
elevation should be to scale and should include the approximate dimensions of the proposed
structures and all attached exterior hardware for heating and cooling.
k.A written statement which will contain an explanation of:
i.The character of the proposed development and the manner in which it has been designed
to take advantage of the Performance Standards Concept.
ii.The proposed manner of financing.
iii.The present ownership of all the land included within the development.
iv.The method proposed to maintain common open areas, buildings and private
thoroughfares.
v.The proposed time schedule of the development.
vi.The findings of the applicantshowing that the development meets the criteria set forth in
this Ordinance and the Ashland Comprehensive Plan.
4.The Planning Commission shall approve the outline plan when it finds the following criteria have
been met:
a.That the development meets allapplicable ordinance requirements of the City of Ashland.
b.That adequate City facilities can be provided including water, sewer, paved access to and
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through the development, electricity, urban storm drainage, and adequate transportation; and
that the development will not cause a City facility to operate beyond capacity.
c.That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds,
large trees, rock outcroppings, etc., have been identified in the plan of the development and
significant features have been included in the open space, common areas, and unbuildable
areas.
d.That the development of the land will not prevent adjacent land from being developed for the
uses shown in the Comprehensive Plan.
e.That there are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases have the
same or higher ratio of amenities as proposed in the entire project.
f.That the proposed density meets the base and bonus density standards established under this
Chapter.
5.Approval of the Outline Plan.
a.To the extent allowed by statute, the Planning Commission may extend the public hearing to
gather more information.
b.The Planning Commission may approve or disapprove the Outline Plan and application or
require changes, or impose conditions of approval which it finds necessary to conform with the
standards of this ordinance and the purpose of this Chapter. Approval of the Outline Plan and
application, and conditions of approval are final to all issues resolved at that time unless
appealed.
c.After an outline plan, which has had a public hearing, is approved, the developer may then file
a final plan in phases or in its entirety. However, a final plan may not be filed until the Council
adopts any zone change necessary for the development.
d.If an outline plan is phased, 50% of the value of the recreational amenities shall be provided in
the first phase and all recreationalamenities shall be provided when two-thirds of the units are
finished.
Final Plan.
B.
Procedure for approval.
1.Type I procedure, as defined in this Title, shall be used for approval of
final plans, unless on outline plan has been filed, in which case Type II procedure shall be used, and
the criteria for approval of an outline plan shall also be applied.
2.The final plan may be filed in phases as approved on the outline plan.
3.If the final plan or the first phase of the outline plan is not approved within eighteen (18) months
from the date of the approval of the outline plan, then the approval of the plan is terminated and
void and of no effect whatsoever. Extensions may be granted as a Type I procedure.
Contents.
4.The final plan shall contain a scale map or maps and a written document showing the
following for the development:
a.A topographic map showing contour intervals of five feet.
b.Location of all thoroughfares and walks, their widths and nature of their improvements, and
whether they are to be public or private.
c.Road cross sections and profiles, clearly indicating the locations of final cuts and fills, and road
grades.
d.The location, layout, and servicing of all off-street parking areas.
e.The property boundary lines.
f.The individual lot lines of each parcel that are to be created for separate ownership.
g.The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the
location of the electric, gas, and telephone lines, telephone cable and lighting plans.
h.Landscaping and tree planting plans with the location of the existing trees and shrubs which are
to be retained, and the method by which they are to be preserved.
i.Common open areas and spaces, and the particular uses intended for them.
j.Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways,
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playgrounds, schools or public buildings.
k.A plan showing the following for each existing or proposed building or structure for all sites
except manufactured housing on approved sites and single-family, detached housing which
meets the parent zone setbacks:
i.Its location on the lot and within the development.
ii.Its intended use.
iii.The number of dwelling units in each residential building.
iv.Elevation drawings of all proposed structures except manufactured homes and
single-family, detached residences which meet parent zone setback requirements. The
drawings shall be accurate and to scale, including all attached exterior hardware for heating
and cooling.
l.Manner of financing.
m.Development time schedule.
n.If individual lots are to be sold in the Planned Unit Development, a final plat, similar to that
required in a subdivision section of the Land Use Development Ordinance.
o.Final plans for location of water, sewer, drainage, electric and cable T.V. facilities and plans for
street improvements and grading or earth-moving improvements.
p.The location of all trees over six inches diameter at breast height, which are to be removed by
the developer. Such trees are to be tagged with flagging at the time of Final Plan approval.
Criteria for Final Plan Approval.
5.Final plan approval shall be granted unless it is found that it
fails to substantially conform with the Outline Plan, and conditions, previously approved.
Nothingin this provision shall limit reduction in the number of dwelling units or increased open
space provided that, if this is done for one phase, the number of dwelling units shall not be
transferred to another phase, nor the open space reduced below that permitted in the outline plan.
This substantial conformance provision is intended solely to facilitate the minor modifications
from one planning step to another. Substantial conformance with reference to the matters below
listed shall be deemed to exist when comparison of the outline plan with the final plan shows that:
a.The number of dwelling units vary no more than 10% of those shown on the approved outline
plan, but in no case shall the number of units exceed those permitted in the outline plan.
b.The yard depths and distances between main buildings vary no more than 10% of those shown
on the approved outline plan, but in no case shall these distances be reduced below the
minimum established within this Title.
c.The open spaces vary no more than 10% ofthat provided on the outline plan.
d.The building size does not exceed the building size shown on the outline plan by more than
10%.
e.The building elevations and exterior materials are in conformance with the purpose and intent
of this Title and the approved outline plan.
f.That the additional standards which resulted in the awarding of bonus points in the outline plan
approval have been included in the final plan with substantial detail to ensure that the
performance level committed to in the outline plan will be achieved.
6.Any substantial amendment to an approved final plan shall follow at Type I procedure and be
reviewed in accordance with the above criteria.
SECTION 18.84.040Setback Requirements.
Exterior Setbacks.
A.Manufactured housing sites along the exterior boundary of the court shall be so
designed so that any part of a manufactured housing unit shall be set back at least 20 feet from any street
or exterior property line.
Interior Front Yard Setbacks.
B.There shall be a front yard oneach manufactured home lot or space
of at least 10 feet.
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Interior Side and Rear Yard Setbacks.
C.There shall be side or rear yards of at least six feet. There
shall be a minimum separation of 12 feet between manufactured housing units.
SECTION 18.84.050Design Standards.
Minimum Court Size.
A.A manufactured housing development shall occupy a site of not less thanone
acre in size. (ORD 2810, 1998).
Density.
B.The maximum density permitted shall be eight manufactured housing units per acre of
developed court area. Manufactured housing which is 14 feet wide or less, or which is less than 800
square feet in size will count as .75 units for this calculation.
Manufactured Housing Sites or Lots.
C.All manufactured housing sites or lots must be atleast 2,000
square feet in size, at least 35 feet wide, and at least 40 feet deep.
Lot Coverage.
D.Maximum lot coverage of any individual manufactured housing lot or site shall be
65% in the R-2 zone and 55% in the R-1-3.5 zone. In addition, the general lot coverage requirements
of the parent zone shall also be complied with for the entire project site.
Landscaping.
E.
1.All areas of the development not occupied by paved roadways, pathways, parking areas, or not
occupied by other facilities shall be landscaped. Areas which contain significant natural
vegetation may be left in a natural state, if approved on the final landscaping plans.
2.Manufactured housing developments located in an R-1-3.5 zone shall have 45% of the entire site
landscaped. Developments located in the R-2 zone shall have 35% of the entire site landscaped.
Fencing.
F.Fencing shall comply with all fencing requirements as per Section 18.68.010 of this Title.
Utilities.
G.Provisions for electric, water and sanitary service shall be made in accordance with
established City procedures and law, including number, size, quality and location of fixtures,
connections and facilities. Telephone and electric lines shall be placed underground.
H.All developments are required to provide a minimum of 5% of the total lot area in Open Space.
SECTION 18.84.060Manufactured Housing Standards.
All manufactured housing units located in approved manufactured housing developments shall comply
with the following requirements:
A.Manufactured housing units shall be a minimum of 650 square feet in size.
B.Manufactured housing units shall be at least 12 feet wide.
C.Manufactured housing units shall have the Oregon Department of Commerce "insignia of
Compliance." The manufactured housing unit shall be inspected by the City's Building Official
and occupancy shall be approved only if the Building Official has determined that the
manufactured housing unit has a valid insignia of compliance and has not deteriorated beyond an
acceptable level of compliance.
D.Manufactured housing units shall be placed on permanent foundations, with wheels and hitches
removed, be fully skirted or bermed, and shall have no uncovered open spaces except for vents of
sufficient strength to support the loads imposed by the manufactured housing unit, based on
accepted engineering design standards, as approved by the Building Official.
E.Manufactured housing units shall be provided with City water, sewer, electricity, telephone and
storm drainage, with easements dedicated where necessary.
F.Manufactured housing units shall comply with the thermal envelope requirements for heat loss
required buy the Oregon State Building Code for single family detached homes.
G.Manufactured housing units shall have a deck or patio area adjacent to the home. The deck or
patio shall be constructed of a permanent material and shall be at least 80 square feet in size, with a
minimum width of eight feet in its least dimension.
H.Each manufactured housing unit shall have a one parking space located on or adjacent to the unit
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space. The parking space shall be setback at least 20 feet from the street.
I.Not withstanding the above, any manufactured home legally located within the Ashland Urban
Growth Boundary prior to July 1, 1990 may be relocated to an approved manufactured home
development, subject to a fire and life safety inspection by the Ashland Building official.
SECTION 18.84.070Roadway, Parking and Sidewalk Standards.
Street Standards.
A.Public streets shall comply with the design standards contained in Chapter 18.88.
B.Private streets shall be a minimum of 20 feet in width, and constructed to the same standards as
specified for an alley by the Ashland Public Works Department. A privatestreet may be a dead-end
street no more than 300 feet in depth from a higher order road. Adequate turn-around shall be
provided according to standards established by the Planning Commission.
Sidewalk Standards.
C.Every manufactured housing development shall have a permanent pedestrian
walkway at least 48 inches wide connecting all manufactured housing units to public or private streets,
common open spaces, recreational areas and commonly-owned buildings and facilities.
Off-Street Parking Standards.
D. Each manufactured housing unit shall be provided with one
off-street parking space on each manufactured housing site, setback 20 feet from the street. In
addition, guest parking facilities of one parking space for each manufactured housing site shall alsobe
provided on the project site, within 200 feet of the units they are intended to serve, either adjacent to the
road or in a off street parking lot. Parking space construction, size, landscaping and design
requirements shall be according to Chapters 18.72 (Site Review) and 18.92 (Off-Street Parking).
SECTION 18.84.080Storage and Temporary Occupancy of Manufactured Homes.
A.A no-charge permit from the Staff Advisor is required for the storage of any manufactured housing unit
on the home premises of the owner for any length of time when not used for living purposes; provided,
however, that all units so stored shall abide by the yard requirements for accessory buildings in this
chapter.
B.No manufactured housing unit shall be stored on a public street except for temporary maneuvering
purposes.
C.Temporary occupancy of a manufactured housing unit on premises which do not meet the requirements
of this chapter for a manufactured housing development, may be permitted for a period not to exceed
ninety (90) calendar days upon the granting of a permit by the City Building Official. Such occupancy
may only be allowed in conjunction with the construction of the applicant's residence on the site. Said
permit shall not be renewable within a six-month period beginning at the first date of issuance, except
with approval of the Staff Advisor.
SECTION 18.84.090Non-Conforming Manufactured Housing Developments.
A manufactured housing development and an individual manufactured housing unit utilized for living
purposes on the effective date of this ordinance or of amendments thereto, which do not conform to the
regulations of this chapter, shall be deemed to be non-conforming and may be continued, subject to the
following regulations:
A.Routine maintenance and repairs may be performed within the manufactured housing development
or upon individual manufactured housing units.
B.No non-conforming manufactured housing development shall be enlarged, remodeled or
modernized except in conformance with all requirements of this chapter, except that an area of less
than two acres for a development to be enlarged, remodeled or modernized may be approved
through the conditional use permit procedure contained in this Title.
C.No manufactured housing unit shall be located on the site of, or substituted for, a non-conforming
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manufactured housing unit, the use of which has been discontinued, except within a manufactured
housing development holding a certificate of sanitation issued by the Board of Health, State of
Oregon, issued prior to the effective date of this chapter. Relocation of existing units within the
City Urban Growth Boundary are exempted as provided in Section 18.84.060 (I)
D.If a non-conforming manufactured housing development holding a certificate of sanitation issued
by the Board of Health, state of Oregon, ceases operation for a period of six months or more, said
development shall be considered abandoned and shall be reinstituted only in conformance with the
requirements of this chapter.
SECTION 18.84.100Special Conditions
A.For the mitigation of adverse impacts, the City may impose conditions. Restrictions may include, but
are not limited to, the following:
1.Require view-obscuring shrubbery, walls or fences.
2.Require retention of specified trees, rocks, water ponds or courses, or other natural features.
B.No manufactured housing developments may be located within the Ashland Historic District.
C.No manufactured housing developments may be located, relocated, or increased in size or number of
units, withinany zones designated for commercial use --C-1, C-1-D, E-1, CM or M-1.
(Ord 3036, amended, 08/17/2010)
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CHAPTER 18.88
PERFORMANCE STANDARDS OPTIONS
SECTIONs:
18.88.010Purpose and Intent.
18.88.020Definitions
18.88.030Procedure for Approval.
18.88.040Performance Standards for Residential Developments.
18.88.050Street Standards.
18.88.060Parking Standards.
18.88.070Setbacks
18.88.080PSO Overlay
18.88.090Performance Standards Guidelines.
18.88.100Applicability of Other Sections of the Land Use Development Ordinance.
SECTION 18.88.010Purpose and Intent.
The purpose and intent of this Chapter is to allow an option for more flexible design than is permissible
under the conventional zoning codes. The design should stress energy efficiency, architectural creativity
and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life
equal to or greater than that provided in developments built under the standard zoning codes, be
aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the
natural environment and neighborhood. (Ord. 2228, 1982; Ord. 2276 S2, 1983; Ord. 2356, 1985)
SECTION 18.88.020Definitions
The following terms are defined for the purpose of this Chapter and do not otherwise apply to the Land Use
Ordinance:
Block Length.
A.Thedistance along a street between the centerline of two intersecting through
streets.
Block Perimeter.
B.The sum of the block lengths of all sides of a block.
Building Envelope.
C.An area, within the property boundaries of a parcel, within which a permitted
structure can be placed.
City Facility.
D.A public service or facility provided, owned and controlled by the City. (Ord. 2630
S6, 1991)
Diameter Breast Height.
E.The outside diameter of the trunk of a tree, measured four and one-half
feet (4 ½) above ground level.
Homeowners Association.
F.A homeowners association is an organization formed for the
maintenance and operation of the common areas of the development. The membership in the
association must be automatic with the purchase of a dwelling unit or other property in the planned
development. The association's principal source of funds shall be an assessment levied against
each dwelling unit or other property, which assessment shall be enforceable as a lien against the
property.
Obstructed Street.
G.A public street, or a private drive serving greater than three units, or a
driveway that has been obstructed by a gate or other barriers designed to restrict access.
Open Space.
H.A common area designated on the final plans of the development, permanently set
aside for the common use of the members of the homeowners association, which open area may be
landscaped and/or left with a natural vegetation cover,and in which area no thoroughfares, parking
areas, or improvements other than recreational facilities are located. All developments with a base
density of 10 units or greater shall provide a minimum of 5% of the total lot area in Open Space that
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is not subject to bonus point calculations. Bonus points shall only be awarded to that Open Space
area in excess of the 5% required for developments of 10 units or greater. Open Space shall be
optional for developments of less than 10 units, unless required by the application of the approval
criteria. (Ord. 2630 S6, 1991)
Pedestrian Path.
I.A graded cleared way, adjacent to the curb at curb level, for individuals who
travel on foot.
Unbuildable Area.
J.All areas outside of building envelopes and within open space.
Street Standards.
K.All standards under 18.88.050 and all standards in the City of Ashland Street
Standards Handbook as adopted in Ordinance 2836 and as amended by Ordinance 3959 (July 1,
2008) are specifically incorporated herein and made a part hereof by this reference.
(Ord 2959, amended, 07/01/2008; Ord 2836, Amended, 02/02/1999)
SECTION 18.88.030Procedure for Approval.
Outline Plan:
A.
1.Application for subdivision approval under this Chapter shall be accompanied by a proposed
Outline Plan. For developments of less than 10 lots, the Outline Plan may be filed concurrently
with the final Plan, as that term is defined in 18.88.030 B.4. For developments of 10 lots or more
prior Outline Plan approval is mandatory. (Ord. 2630 S6, 1991)
2.A TypeII procedure, as defined in this Ordinance, shall be used for the approval of the outline plan.
3.Contents. The contents for an outline plan shall be as follows:
a.A topographic map showing contour intervals of five (5) feet.
b.The proposed land uses and approximate locations of the existing buildings to be retained, the
proposed structures on the site, the proposed and existing property lines and easements on the
site, and existing buildings, structures, and trees greater than six (6) inches in diameter
measured at breast height on the properties adjacent to the site, and all buildings within one
hundred sixty (160) feet of the site boundaries.
c.The locations of all proposed thoroughfares, walkways, and parking facilities.
d.Public uses, including schools, parks, playgrounds, open spaces and trails.
e.Public or private utilities.
f.General areas of cuts and fill.
g.The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated
preservable trees.
h.The location anddirection of all watercourses and areas subject to flooding.
i.On lots which are to contain detached single-family dwellings, building envelopes shall be
included on the outline plan which show the area and maximum height of improvements,
including solaraccess and view protection where required.
j.Elevation of typical proposed structures. The elevation should be to scale and should include
the approximate dimensions of the proposed structures and all attached exterior hardware for
heating and cooling.
k.A written statement which will contain an explanation of:
i.The character of the proposed development and the manner in which it has been designed
to take advantage of the Performance Standards Concept.
ii.The proposed manner of financing.
iii.The present ownership of all the land included within the development.
iv.The method proposed to maintain common open areas, buildings and private
thoroughfares.
v.The proposed time schedule of the development.
vi.The findings of the applicant showing that the development meets the criteria set forth in
this Ordinance and the Ashland Comprehensive Plan.
4.The Planning Commission shall approve the outline plan when it finds the following criteria have
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been met:
a.That the development meets all applicable ordinance requirements of the City of Ashland.
b.That adequate key City facilities can be provided including water, sewer, paved access to and
through the development, electricity, urban storm drainage, police and fire protection and
adequate transportation; and that the development will not cause a City facility to operate
beyond capacity.
c.That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds,
large trees, rock outcroppings, etc., have been identified in the planof the development and
significant features have been included in the open space, common areas, and unbuildable
areas.
d.That the development of the land will not prevent adjacent land from being developed for the
uses shown in the Comprehensive Plan.
e.That there are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases have the
same or higher ratio of amenities as proposed in the entire project.
f.That the proposed density meets the base and bonus density standards established under this
Chapter.
g.The development complies with the Street Standards. (Ord 2836, S2 1999)
5.Approval of the Outline Plan.
a.To the extent allowed by Statute, the Planning Commission may extend the public hearing to
gather more information.
b.The Planning Commission may approve or disapprove the outline plan and application or
require changes, or impose conditions of approval which it finds necessary to conform with the
standards of this ordinance and the purpose of this Chapter. Approval of the Outline Plan and
application, and conditions of approval are final to all issues resolved at that time unless
appealed.
c.After an outline plan, which has had a public hearing, is approved, the developer may then file
a final plan in phases or in its entirety. However, a final plan may not be filed until the Council
adopts any zone change necessary for the development.
d.If an outline plan is phased, fifty (50%) percent of the value of the recreational amenities shall
be provided in the first phase and all recreational amenities shall be provided when two-thirds
(2/3) of the units are finished.
Final Plan.
B.
1.Procedure for approval. Type I procedure, as defined in this Title, shall be used for approval of
final plans, unless an outline plan has been filed, in which case Type II procedure shall be used, and
the criteria for approval of an outline plan shall also be applied.
2.The final plan may be filed in phases as approved on the outline plan.
3.If the final plan or the first phase of the outline plan is not approved within eighteen (18) months
from the date of the approval of the outline plan, then the approval of the plan is terminated and
void and of no effect whatsoever. Extensions may be granted as a Type I procedure.
4.Contents. The final plan shall contain a scale map or maps and a written document showing the
following for the development:
a.A topographic map showing contour intervals of five (5) feet.
b.Location of all thoroughfares and walks, their widths and nature of their improvements, and
whether they are to be public or private.
c.Road cross sections and profiles, clearly indicating the locations of final cuts and fills, and road
grades.
d.The location, layout, and servicing of all off-street parking areas.
e.The property boundary lines.
f.The individual lot lines of each parcel that are to be created for separate ownership.
g.The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the
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location of the electric, gas, and telephone lines, telephone cable and lighting plans.
h.Landscaping and tree planting plans with the location of the existing trees and shrubs which are
to be retained, and the method by which they are to be preserved.
i.Common open areas and spaces, and the particular uses intended for them.
j.Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways,
playgrounds, schools or public buildings.
k.A plan showing the following for each existing or proposed building or structure for all sites
except single-family, detached housing which meets the parent zone setbacks:
i.Its location on the lot and within the Planned Unit Development.
ii.Its intended use.
iii.The number of dwelling units in each residential building.
iv.On lots which are to contain detached single-family dwellings, building envelopes shall be
included on the final plan which show the area and maximum height of improvements,
including solar access and view protection constraints where required.
l.Elevation drawings of all typical proposed structures except single-family, detached
residences which meet parent zone setback requirements. The drawings shall be accurate
and to scale, including all attached exterior hardware for heating and cooling.
m.Manner of financing.
n.Development time schedule.
o.If individual lots are to be sold in the Planned Unit Development, a final plat, similar to that
required in a subdivision section of the Land Use Development Ordinance.
p.Final plans for location of water, sewer, drainage, electric and cable T.V. facilities and
plans for street improvements and grading or earth-moving improvements.
q.The location of all trees over six (6) inches diameter at breast height, which areto be
removed by the developer. Such trees are to be tagged with flagging at the time of Final
Plan approval.
5.Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of substantial
conformance with the outline plan. Nothing in this provision shall limit reduction in the number
of dwelling units or increased open space provided that, if this is done for one phase, the number of
dwelling units shall not be transferred to another phase, nor the open space reduced below that
permitted in the outline plan. This substantial conformance provision is intended solely to
facilitate the minor modifications from one planning step to another. Substantial conformance
shall exist when comparison of the outline plan with the final plan shows that:
a.The number of dwelling units vary no more than ten (10%) percent of those shown on the
approved outline plan, but in no case shall the number of units exceed those permitted in the
outline plan.
b.The yard depths and distances between main buildings vary no more than ten (10%) percent of
those shown on the approved outline plan, but in no case shall these distances be reduced below
the minimum established within this Title.
c.The open spaces vary no more than ten (10%) percent of that provided on the outline plan.
d.The building size does not exceed the building size shown on the outline plan by more than ten
(10%) percent.
e.The building elevations and exterior materials are in conformance with the purpose and intent
of this Title and the approved outline plan.
f.That the additional standards which resulted in the awarding of bonus points in the outline plan
approval have been included in the final plan with substantial detail to ensure that the
performance level committed to in the outline plan will be achieved.
g.The development complies with the Street Standards. (Ord 2836, S3 1999)
6.Any substantial amendment to an approved final plan shall follow a Type I procedure and be
reviewed in accordance with the above criteria. (Ord. 2228, 1982; Ord. 2276 S4, 1983; Ord. 2356,
1985; Ord. 2630 S6, 1991)
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SECTION 18.88.040Performance Standards for Residential Developments.
Base Densities.
A.
1.The density of the development shall not exceed the density established by this Section. The
density shall be computed by dividing the total number of dwelling units by the acreage of the
project, including land dedicated to the public. Fractional portions of the final answer, after bonus
point calculations, shall not apply towards the total density. Base density for zoning districts
within the City of Ashland shall be as follows:
WR and RR zone--1 divided by the minimum lot size expressed in acres, times 0.60 determines the
dwelling units per acre.
WR-2=0.30 du/acre
WR-2.5=0.24 du/acre
WR-5=0.12 du/acre
WR-10=0.06 du/acre
WR-20=0.03 du/acre
RR-1=0.60 du/acre
RR-.5=1.2 du/acre
Single Family Zones
R-1-10=2.40 du/acre
R-1-7.5=3.60 du/acre
R-1-5=4.50 du/acre
R-1-3.5=7.2du/acre
Multi-Family Zones
R-2=13.5 du/acre
R-3=20 du/acre
2.All developments with a base density of 10 units or greater shall be required to provide a minimum
of 5% of the total lot area in Open Space that is not subject to bonus pointcalculations. Bonus
shall be awarded only to that Open Space area in excess of the 5% required for developments of 10
units or greater. Open Space shall be optional for all developments of less than 10 units.
Bonus Point Calculations.
B.
1.The permitted base density shall be increased by the percentage gained through bonus points. In
no case shall the density exceed that allowed under the Comprehensive Plan.
2.The maximum bonus permitted shall be 60%. (Ord. 2669, 1992)
3.The following bonuses shall be awarded:
a.Conservation Housing –100% of the homes or residential units approved for development,
after bonus point calculations, shall meet the minimum requirements for certification as a Earth
Advantage home, as approved by the Ashland Conservation Division under the City’ s Earth
Advantage program as adopted by resolution 2006-06 maximum 15% bonus. (Ord 2923; S3
2006)
b.Provision of common open space.
Purpose.
1.Common open spaces may be provided in the form of natural areas, wetlands,
playgrounds, active or passive recreational areas, and similar areas in common ownership.
All areas set aside for common space may be counted for base density, unless otherwise
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excluded by the Land-use Ordinance. However, for the purposes of awarding density
bonus points, the Planning Commission shall consider whether or not the common open
space is a significant amenity to project residents, and whether project residents will
realistically interact with the open space on a day-to-day basis. The purpose of the density
bonus for common open space is to permit areas which could otherwise be developed, or
sold as individual lots, to be retained in their natural state or to be developed as a
recreational amenity. It is not the purpose of this provision to permit density bonuses for
incidental open spaces which have no realistic use by project residents on a day-to-day
basis.
Standard.
2.Developments of 10 units or greater shall provide 5% of the total development
area in Open Space. No bonus points shall be awardedfor this Open Space. For
developments of less than 10 units which provide more than 2% of the project area for
common open space, or for developments of 10 units or greater which provide greater than
5% open space, a 1% bonus shall be awarded for each 1%of the total project area in
common open space--maximum 10% bonus.
c.Provision of major recreational facilities.
Purpose.
1.Points may be awarded for the provision of major recreational facilities such as
tennis courts, swimming pools, playgrounds, or similar facilities.
Standard.
2.For each percent (1%) of total project cost devoted to recreational facilities, a
6% density bonus may be awarded up to a maximum of 10% bonus. Total project cost
shall be defined as the estimated sale price or value of each residential unit times the total
number of units in the project. Estimated value shall include the total market value for the
structure and land. The cost of the recreational facility shall be prepared by a qualified
architect or engineer using current costs of recreational facilities--maximum bonus 10%.
d.Affordable Housing -for every percent of units that are affordable, an equivalent percentage
of density bonus shall be allowed. Affordable Housing bonus shall be for residential units that
are affordable for moderate income persons in accord with the standards established by
resolution of the Ashland City Council and guaranteed affordable through procedures
contained in said resolution. Maximum bonus of 35%.(Ord. 2450 1988; Ord. 2630 S6, 1991;
Ord. 2669, 1992)
(ORD 2923, Amended, 02/07/2006)
SECTION 18.88.050Street Standards.
All development under this Chapter shall conform to the Street Standards as defined in 18.88.020.K.
The following standards regulate the development of streets and are in addition to the standards contained
in the Street Standards Handbook.
Private Drive.
A.A private drive is a road in private ownership, not dedicated to the public, which
serves three or less units. No curbs or sidewalks are required for a private drive. On-street
parking is prohibited on private drives. The private drive standard is as follows:
3Units15 feet with 20 feet dedicated width
2Units15 feet with 20 feet dedicated width
1Unit12 feet with 15 feet dedicated width
Dedicated Public Streets Required.
B.All roads which serve four units or greater, and which are in
an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street
Standards of this section.
Dead End.
C.No dead end road shall exceed 500feet in length, not including the turnaround. Dead
end roads must terminate in an improved turnaround as defined in the Performance Standards
guidelines adopted pursuant to Section 18.88.090.
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Obstructed Streets.
D.Creating an obstructed street is prohibited.
Street Grade.
E.Street grades measured at the street centerline for dedicated streets and flag drives
shall be as follows:
1.Street and private drive grades in Performance Standards Developments shall not exceed a
maximum grade of 15%. No variance may be granted to this section for public streets.
Variances may be granted for private drives for grades in excess of 15% but not greater than
18% for no more than 200'. Such variances shall be required to meet all of the criteria for
approval as found in 18.100.
Private drives serving structures greater than 24' in height, as defined in 18.08.290, shall
provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire Work Area
requirement shall be waived if the structure served by the drive has an approved automatic
sprinkler system installed.
Private drives and work areas shall be deemed Fire Lanes and subject to all requirements
thereof.
When required by the Oregon Fire Code, private drives greater than 150 feet in length shall
provide a turnaround as defined in the Performance Standards Guidelines as provided in
18.88.090. The Staff Advisor, in coordination with the Fire Code Official, may extend the
distance of the turnaround requirement up to a maximum of 250 feet in lengthas allowed by
Oregon Fire Code access exemptions.
Exception to Street Standards.
F.An exception to the Street Standards is not subject to the
Variance requirements of section 18.100 and may be granted with respect to the Street Standards in
18.88.050 ifall of the following circumstances are found to exist:
A.There is demonstrable difficulty in meeting the specific requirements of this chapter due to
a unique or unusual aspect of the site or proposed use of the site.
B.The variance will result in equal or superior transportation facilities and connectivity;
C.The variance is the minimum necessary to alleviate the difficulty; and
D.The variance is consistent with the stated Purpose and Intent of the Performance Standards
Options Chapter.
(ORD 2951, amended, 07/01/2008; Ord 2836, Amended, 02/02/1999)
SECTION 18.88.060Parking Standards.
Parking standards shall be as follows:
Off-Street Parking.
A.Off-street parking shall be as provided in Chapter 18.92 of the Ashland Land
Use Ordinance.
On-Street Parking Required.
B.At least one on-street parking space per unit shall be provided in
addition to the off-street parking requirements for all developments in an R-1 zone, and all
developments in R-2 and R-3 zones that create or improve public streets. On-street parking spaces
shall be immediately adjacent to the public right-of-way on publicly or association-owned land and
be directly accessible from public right-of-way streets. On-street parking spaces shall be located
within 200 feet of the dwelling which it is intended to serve. (Ord. 2484 S5, 1988)
On-Street Parking Standards.
C.On-street public parking may be provided by either the minimum
criteria established in the Performance Standards guidelines under Section 18.88.090 or parallel to
curb side. Curb side stalls shall be eight feet in width and 24 feet in length and shall not be
permitted in front of driveways or fire hydrants.
Signing of Streets.
D.The installation of "No Parking" signs regulating parking in the public
right-of-way and any other signs related to the regulation of on-street parking shall be consistent
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with the Street Standards in 18.88.050, and shall be consistent with the respective Planning
Approval. (Ord 2836 S5, 1999)
SECTION 18.88.070Setbacks
A.Front yard setbacks shall follow the requirements of the underlying district.
B.Setbacks along the perimeter of the development shall have the same setbacks as required in the parent
zone.
C.Maximum heights shall be the same as required in the parent zone.
D.One-half of the building height at the wall closest to the adjacent building shall be required as the
minimum width between buildings, except within non-residential zoning districts including C-1,
C-1-D, E-1, CM, and M-1.
E.Solar Access Setback. Solar access shall be provided as required in Section 18.70 except within the
C-1-D and CM zoning districts.
F.Any single-family structure not shown on the plan must meet the setback requirements established in
the building envelope on theoutline plan.
(Ord 3036, amended, 08/17/2010)
SECTION 18.88.080PSO Overlay
A.The purpose of the PSO-
overlay 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.
(Ord 3054, amended, 11/15/2011; Ord 3036, amended, 08/17/2010)
SECTION 18.88.090Performance Standards Guidelines.
A.The Council may adopt guidelines for Performance Standards developments by resolution. These
guidelines may contain:
1.Minimum standards for Performance Standards developments including (a) energy and water
efficient housing standards; (b) turn-around and other street standards; and (c) minimum
landscaping and design standards.
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2.Methods of achieving bonuses recommended by the Council.
3.Additional standards and recommendations regarding project and unit design and layout,
landscaping, street furniture, and other aesthetic considerations.
4.Interpretations of the intent and purpose of this Chapter, applied to specific examples.
5.Other informational or educational materials the Council deems advisable.
B.Before the Council may adopt or amend the Guidelines, a Type II public hearing must be held by the
Commission, and its recommendations and a summary of the hearing forwarded to the Council for its
consideration.
SECTION 18.88.100Applicability of Other Sections of the Land Use Development Ordinance.
Developments exercising the Performance Standards option shall be required to meet all other applicable
sections of the Land Use Development Ordinance except for minimum lot size, lot width, lot depth and
setback requirements, and except as otherwise provided in this Chapter. All public improvements and
commonly owned areas in a Performance Standards development shall follow the same procedure as a
subdivision for bonding. (Ord. 2356, 1985; Ord. 2484 S4, 1988; Ord. 2630, 1991)
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CHAPTER 18.92
PARKING, ACCESS AND CIRCULATION
SECTIONs:
18.92.010Purpose
18.92.020Applicability
18.92.025Repealed by Ord 3054
18.92.030Automobile Parking Spaces Required
18.92.040Disabled Person Parking Places
18.92.050Parking Management Strategies
18.92.055Repealed by Ord 3054
18.92.060Bicycle Parking
18.92.070Variances for Commercial Buildings in the Historic District
18.92.080Parking, Access and Circulation Design Requirements
18.92.090Pedestrian Access and Circulation
18.92.100Construction
18.92.110Alterations and Enlargements
18.92.120Availability of Facilities
SECTION 18.92.010Purpose
The purpose ofthis 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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.020Applicability
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.
(Ord 3054, amended, 11/15/2011; Ord 3036, amended, 08/17/2010)
SECTION 18.92.030Automobile 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.Retirementcomplexes for seniors 55-years or greater --One space per unit.
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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.
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.
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One space per three patient beds.
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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.040Disabled Person Parking Places
The total number of disabled person parking spaces shall comply with the following:
Total in Parking Required Minimum Number
Lotof Accessible Spaces
1 to 251
26 to 502
51 to 753
76 to 1004
101 to 1505
151 to 2006
201 to 3007
301 to 4008
401 to 5009
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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.050Parking Management Strategies
The amount of required off-streetparking may be reduced up to 50% through the application of the
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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 one on-street
parking space.
1.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:
a.Parallel parking, each 22 feet of uninterrupted curb.
b.45 degree diagonal, each 12 feet of uninterrupted curb.
2.Location.
a.Curb space must be contiguous to the lot which contains the use which requires the parking.
b.Parking spaces may not be counted that are within 20 feet measured along the curb of any
corner 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)
d.Parking spaces may not be counted that are within 200 feet of a C-1-D or SO zone.
3.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 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 jointly, 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.
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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, andwhere 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 adjacent 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 plazamust 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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.060Bicycle 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 Housing:One sheltered space per 8 units (80% of the occupants are 55 or
older)
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.Allpublic 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.
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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 when a non-residential
use is intensified by the addition of floor space, seating capacity, or change in use.
I.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 thatall 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 soas 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.
1.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 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.
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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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.070Variances 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.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.080Parking, Access and Circulation Design Requirements
A.Parking Location.
1.Except for single and two-family dwellings, required automobile parking 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 street traffic. Such right to use the off-site parking 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 yard, 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 ofthe 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 property. Subsequent violations shall not require a warning notice.
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B.Parking Area Design Required parking areas shall be designed in accordance with following standards
and dimensions.
1.Parking spaces shall be a minimum of 9 x 18 feet.
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.
iUse 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 oran open grid pavement system that is at least 50%
pervious for a minimum of 50% of the parking area surface.
iii.Provide at least 50% shade from tree canopy over the parking area surface within five 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 theCity 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.
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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.
i.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 joint access and/or shared driveways in the
following situations.
i.For shared parking areas;
ii.For adjacent developments, where access onto an arterial is limited; and
iiiFor 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 tobe 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-AroundsDesign. Driveways and turn-arounds providing access to parking areas
shall conform to thefollowing 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.
3.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.Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical
clearance of 13'6" for their entire length and width.
5.Vision Clearance. No obstructions may be placed in the vision clearance area except as set forth in
Section 18.68.020.
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E.Parking and Access Construction 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 turn-arounds shall have provisions made for the
on-site collection of drainage waters to eliminate sheetflow 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 towithstand 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 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)
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.090Pedestrian 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,
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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;
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)
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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 adriveway 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.
2.Crosswalks. Where walkways cross a parking area or driveway, clearly mark crosswalks with
contrasting paving materials (e.g.,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 may be approved for crosswalks not 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
Street Standards in Section 18.88.020.K.
4.Accessible routes. Walkways shall comply with applicable Americans with Disabilities Act
(ADA) and State of Oregon requirements. The ends of all raised walkways, where the walkway
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intersects a driveway or street shall provide ramps that are ADA accessible, and walkways shall
provide direct routes to primary building entrances.
5.Provide pedestrian scale lighting no greater than 14 feet in height along pedestrian facilities.
Figure 2 Pedestrian Walkway Detail (Typical)
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.100Construction
The required parking, access and circulations facilities, shall be installed prior to a release of a certificate of
use and occupancy or 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 posteda satisfactory
performance bond to ensure the installation of said parking facilities within a specified time.
(Ord 3054, amended, 11/15/2011)
SECTION 18.92.110Alterations 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)
(Ord 3054, added, 11/15/2011)
SECTION 18.92.120Availability 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.
(Ord 3054, added, 11/15/2011)
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CHAPTER 18.94
HOME OCCUPATIONS
SECTIONs:
18.94.100Purpose and Intent.
18.94.110Conduct of Home Occupation -Standards.
18.94.120Prohibited Uses.
18.94.130Permit Required -Application.
SECTION 18.94.100Purpose and Intent.
The purpose of this chapter is to encourage those who are engaged in small commercial ventures which
could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the
nature of the venture areappropriate in scale and impact to be operated within a residence. Home
occupations shall also be recognized for their contribution in reducing the number of vehicle trips often
generated by conventional businesses. It is the intent of this chapter that home occupations not infringe
upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. However,
large-impact commercial operations, which would ordinarily be conducted in a commercial or employment
district shall continue to be conducted in those districts and not as a home occupation.
SECTION 18.94.110Conduct of Home Occupation -Standards.
Home occupations shall be subject to the following standards:
Appearance of Residence.
A.
1.The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area
not visible from the public right-of-way and be conducted in such a manner as not to give an
outward appearance of a business.
2.The home occupation shall not result in any structural alterations or additions to the dwelling
or accessory structure that will change its primary use.
3.No display of products and or equipment produced or used by the home occupation may be
displayed so as to be visible from outside the dwelling or accessory structure.
Storage.
B.
1.Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.
2.On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or
flammable) beyond that normally incidentalto residential use is prohibited.
3.Storage of inventory or products and all other equipment, fixtures, and activities associated
with the home occupation shall be allowed in the dwelling or accessory structure.
Employees.
C.
1.Other than family membersresiding within the dwelling located on the home occupation site,
there shall be no more than one full time equivalent employee, and no more than one employee
at any given time. As used in this chapter, the term "home occupation site" means the lot on
which the home occupation is conducted.
2.Additional individuals may be employed by or associated with the home occupation, so long as
they do not report to work at the home.
3.The home occupation site shall not be routinely used as a headquarters for the assembly of
employees for instruction or other purposes, including dispatch to other locations.
Advertising and Signage.
D.No signs shall be permitted on a home occupation site.
Automobiles, parking and traffic.
E.
1.One commercial automobile associated with the home occupation is allowed at the home
occupation site. Such automobile shall be of a size that would not overhang into the public
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right-of-way when parked in the driveway or other location on the home occupation site.
2.There shall be no excessive commercial vehicle deliveries from or to the home occupation site.
Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p.m.
There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m.
3.There shall be no more than one client's or customer's automobile at any one time and no more
than eight per day at the home occupation site.
F.Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only.
SECTION 18.94.120Prohibited Uses.
The following uses are prohibited as home occupations:
A.Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond
allowable levels as determined by local, state or federal standards.
B.Any activity involving on-site retail sales, except as allowed in the Historic Railroad District or
items that are incidental to the occupational use, such as the sale of beauty products from salons,
lesson books or sheet music for music teachers, or computer software for computer consultants.
C.Any uses described in this section or uses with similar objectionable impacts because of automobile
traffic, noise, glare, odor, dust, smoke or vibration:
1.Ambulance service;
2.Ammunition or firearm sales;
3.Ammunitionreloading business;
4.Animal hospital, veterinary services, kennels or animal boarding;
5.Auto and other vehicle repair, including auto painting;
6.Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles or large
equipmenton-site;
7.Medical marijuana dispensaries
(Ord 3097, 2014)
Permit Required -Application.
SECTION 18.94.130
A.No person shall conduct a home occupation without first obtaining a home occupation permit from the
Planning Department and a valid business license as required under Title 6 of this code.
B.The Staff Advisor shall require of the applicant for a home occupation permit such information as is
necessary to determine the location and type of business, and the manner in which it will be conducted.
If the Staff Advisor finds that the proposed home occupation complies with the requirements of this
chapter, the Staff Advisor shall issue a permit.
C.The home occupation permit is valid only to the person named on the permit and for the business to be
conducted at the location stated on the permit. The permit is not transferable to another location or to
another applicant.
D.Issuance of a home occupation permit under this chapter shall not relieve the applicant from the duty
and responsibility to complywith all other rules, regulations, ordinances or other laws governing the
use of the premises and structures thereon, including, but not limited to, the specialty codes defined in
chapter 15.04, the Uniform Fire Code and Uniform Fire Code Standards defined in chapter 15.28, or
any private restrictions relative to the property.
E.The Staff Advisor or designee may visit and inspect the site of a home occupation permitted in this
chapter periodically to insure compliance with all regulations and conditions to which the permit is
subject, during normal business hours, and with reasonable notice. (Ord. 2744, 1994)
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CHAPTER 18.96
SIGN REGULATIONS
SECTIONs:
18.96.010Purpose.
18.96.020Definitions Relating to Signs.
18.96.030Exempted Signs.
18.96.040Prohibited Signs.
18.96.050Sign Permits.
18.96.060General Sign Regulations.
18.96.070Residential and North Mountain Sign Regulations.
18.96.080Commercial-Downtown Overlay District (C-1-D).
18.96.090Commercial Industrial and Employment Districts
18.96.100Freeway Sign Zone.
18.96.110Abatement of Nuisance Signs.
18.96.120Construction and Maintenance Standards.
18.96.130Nonconforming Signs.
18.96.140Enforcement.
18.96.150Governmental Signs.
18.96.160Historic Signs.
SECTION 18.96.010Purpose.
This Chapter shall hereafter be known and designated as the "Sign Ordinance of the City of Ashland", and
is adopted in recognition of the important function of signs and the need to safeguard and enhance the
economic and aesthetic values in the City of Ashland through regulation of such factors as size, number,
location, illumination, construction, and maintenance of signs; and thereby safeguard public health, safety
and general welfare.
SECTION 18.96.020Definitions Relating to Signs.
Alteration.
1.Any change excluding content, and including but not limited to the size, shape, method of
illumination, position, location, materials, construction, or supporting structure of a sign.
Area.
2.The entire area within circles, triangles or rectangles which enclose the extreme limits of
lettering, logo, trademark, or other graphic representation, together with any frame or structural trim
forming an integral part of the display used to differentiate the sign from the background against which
it is placed. In the case of a multi-faced sign, the area of each face shall be included in determining sign
area, excepting double-faced signs placed no more than 24 inches back-to-back.
Awning
3.. A temporary or movable shelter supported entirely from the exterior wall of a building and
composed of non-rigid materials except for the supporting framework.
Building Face of Wall.
4.All window and wall area of a building in one plane or elevation.
Bulletin Board or Reader Board.
5.A sign of a permanent nature, but which accommodates changeable
copy.
Business.
6.A commercial or industrial enterprise.
Business Frontage.
7.A lineal front footage of a building or portion thereof devoted to a specific
business or enterprise, and having a pedestrian entrance/exit open to the general public during all
business hours.
Business Premises.
8.A parcel of property or that portion thereof occupied by one tenant.
Canopy.
9.A non-movable roof-like structure attached to a building.
Construction sign.
10.A temporary sign erected on the premises where construction is taking place during
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the period of construction.
Direct Illumination
11.. A source of illumination on the surface of a sign or from within a sign.
Election.
12.The time designated by law for voter to cast ballots for candidates and measures.
Flashing Sign.
13.A sign incorporating intermittent electrical impulses to a sourceof illumination or
revolving or moving in a manner which creates the illusion of flashing, or which changes color or
intensity of illumination. This definition is to include electronic time, date and temperature signs.
Ground Sign.
14.A sign erected ona free-standing frame, mast or pole and not attached to any building.
Also known as a "free-standing sign".
Indirect Illumination.
15.A source of illumination directed toward a sign so that the beam of light falls
upon the exterior surface of the sign.
Illegal Sign.
16.A sign which is erected in violation of the Ashland Sign Code (18.96).
Marquee Sign.
17.A sign which is painted on, attached to, or supported by a marquee, awning or canopy.
Marquee.
18.A non-movable roof-like structure which is self-draining.
Non-conforming Sign.
19.An existing sign, lawful at the time of enactment of this Ordinance, which
does not conform to the requirements of this Code.
Projecting Signs.
20.Signs other than wall signs, which are attached to and project from a structure or
building face, usually perpendicular to the building face.
Portable Sign.
21.A permitted sign not permanently attached to the ground or other permanent structure
including sandwich boards, pedestal signs, ’ A’ Frame signs,flags, and wind signs (not including
flags of national, state or city governments).
Public Art.
22.Public Art defined, approved, and installed in accordance with section 2.17 of the Ashland
Municipal Code shall not be regulated as a sign per the provisions of this Chapter.
Real Estate Sign.
23.A sign erected on the premises, where the property, or a portion of the property, is
actively listed for sale or lease, during the period of sale or lease.
Replacement Sign.
24.A change in the materials of permitted sign in which the approved sign
dimensions, supporting structure, and location remain unaltered.
Roof Sign.
25.Any sign erected upon, against, or directly above a roof or top of or above the parapet of a
building.
Shopping Center or Business Complex.
26.Any business or group of businesses which are in a building
or group of buildings, on one or more lots which are contiguous or which are separated by a public
right-of-way or a privately owned flag drive used for access and not greater than 35 feet in width, which
are constructed and/or managed as a single entity, and share ownership and/or function.
Sign
27.. Any identification, description, illustration, symbol or device which is placed or affixed directly
or indirectly upon a building, structure, or land, Interior illuminated panels, fascia strips, bands,
columns, or other interior illuminated decorative features located on or off a structure, visible from the
public right-of-way, and with or without lettering or graphics shall also be considered a sign and
included in the overall sign area of the site. Public Art shall not be considered a sign.
Sign, Public.
28.A sign erected by a public officer or employee in the performance of a public duty which
shall include, but not be limited to, motorist informational signs and warning lights.
Street Frontage.
29.The lineal dimension in feet that the property upon which a structure is built abuts a
public street or streets.
Temporary Sign.
30.A sign which is not permanently affixed. All devices such as banners, pennants,
flags, (not including flags of national, state or city governments), searchlights, curb signs, balloons or
other air or gas-filled balloons.
Three-Dimensional Sign.
31.A sign which has a depth or relief on its surface greater than six inches
exclusive of the supporting sign structure and not to include projecting wall signs.
Vehicle Sign.
32.A sign mounted on a vehicle, bicycle, trailer or boat, or fixed or attached to a device for
the purpose of transporting from site-to-site.
Wall Graphics.
33.Including but not limited to any mosaic, mural or painting or graphic art technique or
combination or grouping of mosaics, murals, or paintings or graphic art techniques applied, implanted
or placed directly onto a wall or fence.
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Wall Sign.
34.A signattached to or erected against the wall of a building with the face in a parallel plane
of the building wall.
Wind Sign or Device.
35.Any sign or device in the nature of banners, flags, balloons, or other objects
fastened in such a manner as to move upon being subject to pressures by wind or breeze.
(Ord 2982, amended, 04/21/2009)
SECTION 18.96.030Exempted Signs.
The following signs and devices shall not be subject to the provisions of this chapter except for 18.96.040
and 18.96.140
A.Informational signs placed by the City of Ashland or by the State or Oregon in the publicly owned
right-of-way. Collective identification or directory signs placed by the City of Ashland showing the
types and locations of various civic, business, recreation, historic interest areas, or other similar uses,
when such signs are located on publicly owned right-of-way or on City of Ashland property.
B.Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in size.
C.Flags of national, state or local governments.
D.Signs within a building provided they are not visible to persons outside the building.
E.Temporary signs not exceeding four square feet, provided the signs are erected no more than 45 days
prior to and removed within sevendays following an election. (Ord 2844; S1 1999)
F.Temporary, non-illuminated real estate signs not exceeding six square feet in residential areas or twelve
square feet in commercial and industrial areas, provided said signs are removed within fifteen days
from the sale, lease or rental of the property. Such signs shall be limited to one sign per lot.
Free-standing temporary real estate signs shall be no greater than five feet above grade.
G.Temporary non-illuminated construction signs on a lot with an aggregate area not exceeding sixteen
(16) square feet in residential areas or thirty-two (32) square feet in commercial and industrial areas,
provided said signs are removed within seven days of completion of the project. Such signs shall be
limited to no more than four signs per lot. Free-standing temporary construction signs shall be no
greater than five feet above grade.
H.Small incidental signs provided said signs do not exceed two square feet in area per sign, not more than
two in number on any parcelor two per business frontage, whichever is greater. Within the Downtown
Design Standards Zone, three incidental signs with a total area of seven square feet, provided no single
incidental sign exceeds three square feet in area, are allowable per business frontage.
I.Temporary signs painted or placed upon a window in a non-residential zone, when such signs do not
obscure more than twenty percent of such window area, and are maintained for a period not exceeding
seven days. Signs which remain longer than seven days will be considered permanent and must
comply with the provisions of the Ashland Sign Code (18.96).
J.Any sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street or
alley.
K.Strings of Lights. Strings of lights in non-residential zones where the lights do not exceed 5 watts per
bulb do not flash or blink in any way. Strings of lights in residential zones are not regulated.
L.Temporary non-illuminated signs not exceeding 16 square feet for charitable fundraising events placed
by non-profit and charitable organizations. Such signs shall not be placed more than seven days prior to
the event and must be removed within two days following the event. No more than two such events
may be advertised in this manner per lot per year.
All of the foregoing exempted signs shall be subject to the other regulations contained in this Chapter
18.96 relative to the size, lighting or spacing of such sign.
(Ord 2982, amended, 04/21/2009)
SECTION 18.96.040Prohibited Signs.
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A.No sign, unless exempted or allowed pursuant to this Chapter, shall be permitted except as may be
provided in Section 18.96.030.
B.No movable sign, temporary sign or bench sign shall be permitted except as may be provided in Section
18.96.030.
C.No wind sign, device, or captive balloon shall be permitted except as may be provided in Section
18.96.030 and 18.96.080(B) 6
D.No flashing signs shall be permitted.
E.No sign shall have or consist of any moving, rotating, or otherwise animated part.
F.No three-dimensional statue, caricature or representation of persons, animals or merchandise shall be
used as a sign or incorporated into a sign structure except as may be provided in Sections 18.96.080(B)
5.
G.No public address system or sound devices shall be used in conjunction with any sign or advertising
device.
H.No roof signs or signs which project above the roof shall be permitted.
I.No exposed sources of illumination shall be permitted on any sign, or for the decoration of any
building, including, but not limited to, neon or fluorescent tubing and flashing incandescent bulbs,
except when the source of illumination is within a building, and at least ten (10) feet from a window
which allows visibility from the public right-of-way, or whena sign is internally illuminated or the
source of light is fully shielded from the public view.
J.No signs which use plastic as part of the exterior visual effects or are internally illuminated in the
Historic District, as identified in the Ashland Comprehensive Plan, or in any residential districts shall
be permitted.
K.No bulletin boards or signs with changeable copy shall be permitted, except as allowed in Section
18.96.060(D).
L.No wall graphics shall be permitted.
M.No unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign or signal,
or which attempts to direct the movement of traffic, or which hides from view any official traffic sign or
signal shall be permitted.
N.Vehicle signs used as static displayssuch that the primary purpose of the vehicle is the display of the
sign, placed or parked on the public right-of-way for a continuous period of 2 days or more.Vehicles
and equipment regularly used in the conduct of the business such as delivery vehicles, construction
vehicles, fleet vehicles, or similar uses, shall not be subjected to this prohibition.
(Ord 2982, amended, 04/21/2009)
SECTION 18.96.050Sign Permits.
A.Sign Permit Required. A sign permit is required in each of the following instances:
1.Upon the erection of any new sign except exempted signs.
2.To make alteration to an existing sign, including a change in the size or materials. Permits shall
not be required for minor maintenance and repairs to existing signs or for changes in sign copyfor
conforming signs.
3.To alter an existing non-conforming sign, subject to Section 18.96.150.
4.To erect a temporary sign for a new business subject to Section 18.96.050(D).
B.Required Information for a Sign Permit. For the purposes of review by theStaff Advisor and Building
Official, a drawing to scale shall be submitted which indicates fully the material, color, texture,
dimensions, shape, relation and attachment to building and other structures, structural elements of the
proposed sign, and the size and dimensions of any other signs located on the applicant's building or
property.
C.Temporary Signs for New Businesses. The Staff Advisor or his/her designate can issue a permit for a
temporary sign for new businesses for a period not to exceed sevendays. A permit is required for
these signs but the permit fee is waived.
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D.Unsafe or Illegal Signs.
1.If the Staff Advisor or Building Official shall find that any sign is unsafe or insecure, or any sign
erected or established under a sign permit hasbeen carried out in violation of said permit or this
chapter, he/she shall give written notice to the permittee or owner thereof to remove or alter such
sign within seven days.
2.The Staff Advisor or Building Official may cause any sign which is an immediate peril to persons
or property, or sign erected without a permit, to be removed immediately, and said sign shall not be
re-established until a valid permit has been issued. Failure to remove or alter said signs as directed
shall subject the permittee or owner to the penalties prescribed in this Title.
3.Any person who erects, constructs, prints, paints or otherwise makes a sign for which a sign permit
or approval is required under Chapter 18.96 without first having determined a permit has been
obtainedfor such sign, has committed an infraction, and upon conviction thereof is punishable as
prescribed in section 1.08.020 of the Ashland Municipal Code. It shall not be a defense to this
section that such person erected, constructed, printed, painted or otherwise made the sign for
another. (amended Ord. 2754, 1995)
E.Sign Permit Record Required. The Planning Department shall keep a copy and permanent record of
each sign permit issued.
F.Sign Permit Fee. The fee for a sign permit shall be as set forth inResolution No. 88-01, as adopted by
the City Council. The fee for any sign which is erected without a sign permit shall be double the
regular sign fee.
SECTION 18.96.060General Sign Regulations.
The following general provisions shall govern all signs in addition to all other applicable provisions of this
chapter.
A.Variances. The following regulations pertaining to signs are not subject to the variance section of
this Code:
1.Section 18.96.040 -Prohibited signs.
2.Section 18.96.110 -Abatement of nuisance signs.
3.Section 18.96.120 -Construction and maintenance standards.
4.The size, height and number of constraints of Sections 18.96.070, 18.96.080, 18.96.090 and
18.96.100, except as may be allowed in 18.96.130.
B.Obstruction by Signs. No signor portion thereof shall be placed so that it obstructs any fire
escape, stairway or standpipe; interferes with human exit through any window of any room located
above the first floor of any building; obstructs any door or required exit from any building;or
obstructs any required light or ventilation.
C.Bulletin Board or Reader Board. Twenty (20) percent of permitted sign area may be allowed as a
bulletin board or reader board.
D.Placement of Signs.
Near residential.
1.No sign shall be located in acommercial or industrial district so that it is
primarily visible only from a residential district.
Near street intersections.
2.No signs in excess of two and one-half feet in height shall be
placed in the vision clearance area. The vision clearance area is the triangle formed by a line
connecting points twenty-five feet from the intersection of property lines. In the case of an
intersection involving an alley and a street, the triangle is formed by a line connecting points
ten feet along the alley andtwenty-five feet along the street. When the angle of intersection
between the street and the alley is less than 30 degrees, the distance shall be twenty-five feet.
This provision shall apply to all zones.
Near driveways.
3.No sign or portion of thereof shall be erected within ten feet of driveways
unless the same is less than two and one-half feet in height.
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Future street right-of-way.
4.No sign or portion thereof shall be erected within future street
right-of-ways, as depicted upon the Master StreetPlan, unless and until an agreement is
recorded stipulating that the sign will be removed or relocated upon street improvements at no
expense to the City.
SECTION 18.96.070Residential and North Mountain Sign Regulations.
Signs in the residential (R) and North Mountain (NM)districts shall conform to the following regulations:
A.Special Provisions:
1.No sign or portion thereof shall extend beyond any property line of the premises on which such
sign is located.
2.Internally illuminated signs shall not be permitted.
3.Nothing contained herein shall be construed as permitting any type of sign in conjunction with
a commercial use allowed as a home occupation, as no signs are allowed in conjunction with a
home occupation. Signs in residential areas are only permitted in conjunction with a
Conditional Use.
B.Type of Signs Permitted.
1.Neighborhood identification signs. One sign shall be permitted at each entry point to
residential developments not exceeding an area of six square feet per sign with lettering not
over nine inches in height, located not over three feet above grade.
2.Conditional Uses. Uses authorized in accordance with the Chapter on Conditional Use
Permits may be permitted one ground sign not exceeding an overall height of five feet and an
area of fifteen square feet, set back at least ten feet from property lines; or one wall sign in lieu
of a ground sign. Such signs shall be approved in conjunction with the issuance of such
conditional use permit. Said signs shall not use plastic as part of the exterior visual effect and
shall not be internally illuminated.
3.Retail commercial uses allowed as a conditional use in the Railroad District and traveler's
accommodations in residential zones shall be allowed one wall sign or one ground sign which
meets the following criteria:
a.The total size of the sign is limited to six square feet.
b.The maximum height of any ground sign is to be three feet above grade.
c.The sign must be constructed of wood and cannot be internally illuminated.
4.North Mountain Signs. Signs for approved non-residential uses within the NM-R15, NM-C
and NM Civic zones shall be permitted one ground sign not exceeding an overall height of five
feet and an area of fifteen square feet, set back at least ten feet from property lines; or one wall
or awning sign in lieu of a ground sign. Said signs shall not use plastic as part of the exterior
visual effect and shall not be internally illuminated.
(ORD 2951, amended, 07/01/2008)
SECTION 18.96.080Commercial-Downtown OverlayDistrict (C-1-D).
Signs in the Commercial-Downtown Overlay District shall conform to the following regulations:
Special Provisions.
A.
Frontage.
1.The number and use of signs allowed by virtue of a given business frontage shall be
placed only upon suchbusiness frontage.
2.Aggregate number of signs.The aggregate number of signs for each business shall be two signs
for each business.
3.Material.No sign in the Commercial-Downtown Overlay District shall use plastic as part of the
exterior visual effects of the sign.
.
4.Aggregate area of signsThe aggregate area of all signs established by and located on a given
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street frontage shall not exceed an area equal to one square foot for each lineal foot of street
frontage. Aggregate area shall not include nameplates, and real estate and constructionsigns.
Types of Signs Permitted.
B.
Wall Signs.
1.
a.Number. Two signs per building frontage shall be permitted for each business, or one sign per
frontage for a group of businesses occupying a single common space or suite.
b.Area.
Buildings with two or fewer business frontages shall be permitted one square foot of sign
area for each lineal foot of business frontage. For the third and subsequent business frontages
on a single building, the business shall be permitted one square footof sign area for every two
lineal feet of business frontage. The maximum sign area on any single business frontage shall
not exceed sixty (60) square feet.
Business frontages of three or more, on a single building, shall comply with the following
criteria established within the City’ s Site Design and Use Standards:
i. A pedestrian entrance designed to be attractive and functional, and open to the public
during all business hours
ii. The pedestrian entrance shall be accessed from a walkway connected to a public
sidewalk.
c.Projection. Signs may project a maximum of two feet from the face of the building to which
they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any
portion lower than eight feet may only project four inches.
d.Extension above roof line. Signs may not project above the roof or eave line of the building.
Ground Signs.
2.
a.Number. One sign, in lieu of a wall sign, shall be permitted for each lot with a street frontage in
excess of fifty lineal feet. Corner lots can count one street frontage. Two or more parcels of
less than fifty feet may be combined for purposes of meeting the foregoing standard.
b.Area. Signs shall not exceed an area of one square foot for each two lineal feet of street
frontage, with a maximum area of sixty square feet per sign.
c.Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any
property line of the premises on which such sign is located. Signs on corner properties shall
also comply with the vision clearance provisions of Section 18.96.060(F).
d.Height.
No ground sign shall be in excess of five feet above grade.
Marquee or Awning Signs.
3.
a.Number.A maximum of two signs shall be permitted for each business frontage in lieu of
wall signs.
b.Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign.
c.Projection.Signs may not project beyond the face of the marquee if suspended, or above the
face of the marquee if attached to and parallel to the face of the marquee.
d.Height.
Signs shall have a maximum face height of nine inches if placed below the marquee.
e.Clearance above grade.The lowest portion of a sign attached to a marquee shall not be less than
seven feet, six inches above grade.
f.Signs painted on a marquee.
Signs can be painted on the marquee in lieu of wall signs
provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs.
Projection Signs.
4.
a.Number.One sign shall be permitted for each business or group of businesses occupying a
single common space or suite in lieu of a wall sign.
b.Area.Except for marquee or awning signs, a projecting sign shall not exceed an area of one
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square foot for each two feet of lineal business frontage that is not already utilized by a wall
sign. The maximum area of any projecting sign shall be 15 square feet.
c.Projection.Signs may project from the face of the building to which they are attached a
maximum of two feet if located eight feet above grade, or three feet if located nine feet above
grade or more.
d.Height and extension above roof line.Signs shall not extend above the roofline, eave or
parapet wall of the building to which they are attached, or be lower than eight feet above grade.
e.Limitation on placement.
No projecting sign shall be placed on any frontage on an arterial
street as designated in the Ashland Comprehensive Plan.
Three-Dimensional Signs.
5.
a.Number.One three-dimensional sign shall be permitted for each lot in lieu of one three square
foot incidental sign otherwise allowed per 18.96.030H.
b.Surface Area.
Flat surfaces in excess of two square feet shall count toward the total aggregate
sign area per 18.96.080(A) 4.
c.Placement.The three-dimensional sign shall be located so that no sign or portion thereof is
within a public pedestrian easement or extends beyond any property line of the premises on
which such sign is located into the public right-of-way unless the sign is attached to the face of
the building and located eight feet above grade, or the sign is attached to a marquee with the
lowest portion of the sign not less than seven feet, six inches above grade not projecting
beyond, or above, the face of the marquee.
d.Dimensions.No three-dimensional sign shall have a height, width, or depth in excess of three
feet.
e.Volume. The volume of the three-dimensional sign shall be calculated as the entire volume
within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not
exceed three (3) cubic feet. For the purposes of calculating volume the minimum dimension for
height, width, or depth shall be considered one foot.
f.Materials.The three-dimensional signs shall be constructed of metal, wood, bronze, concrete,
stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent
corrosion or reflective glare. Three dimensional signs shall not be constructed of plastic. Three
dimensional signs shall not be internally illuminated or contain any electrical component.
Portable Business Signs
6.
a.Number.
One portable business sign, limited to sandwich boards, pedestal signs, ‘ A’ frame
signs, flags, and wind signs, shall be allowed on each lot excepting that buildings, businesses,
shopping centers, and business complexes with permanent ground signs shall not be permitted
to have portable signs.
b.Area.Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs
established in 18.96.030(H). Signs shall not exceed an area of four (4) square feet per face
including any border or trim, and there shall be no more than two (2) faces.
c.Height.
Sandwich board signs and ‘ A’ frame signs shall not extend more than three (3) feet
above the ground on which it is placed. Pedestal signs shall not extend more than four (4) feet
above the ground on which it is placed. A freestanding wind sign shall not extend more than
five (5) feet above the ground on which it is placed.
d.Placement.Signs shall be placed so that no sign or portion thereof shall extend beyond any
property line of the premises on which such sign is located. Portable signs shall be located
within ten feet of the business entrance and shall not be placed on public right-of-way. No
portable business sign shall be constructed and placed so as to interfere with pedestrian ingress
and egress as regulated within the Ashland Municipal Code.
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e.General Limitations.Signs shall be anchored, supported, or designed as to prevent tipping
over, which reasonably prevents the possibility of signs becoming hazards to public health and
safety. Signs shall not be constructed of plastic,illuminated or contain any electrical
component. No objects shall be attached to a portable sign such as but not limited to balloons,
banners, merchandise, and electrical devices. Portable business signs shall be removed at the
daily close of business. These signs are prohibited while the business is closed.
(Ord 2982, amended, 04/21/2009)
SECTION 18.96.090Commercial Industrial and Employment Districts
Signs in commercial, industrial, employment, and Croman Mill districts, excepting the
Downtown-Commercial Overlay District and the Freeway Overlay District, shall conform to the following
regulations:
A. Special Provisions.
1. Frontage. The number and use of signs allowed by virtue of a given business frontage shall be
placed only upon such business frontage.
2. Aggregate number of signs. The aggregate number of signs for each business shall be two signs
for each business frontage.
3. Aggregate area of signs. The aggregate area of all signs established by and located on a given
street frontage, shall not exceed an area equal to one square foot of sign area for each lineal foot
of street frontage. Aggregate area shall not include nameplates, and temporary real estate and
construction signs.
B. Types of Signs Permitted.
1. Wall Signs.
a. Number. Two signs per building frontage shall be permitted for each business, or one sign
per frontage for a group of businesses occupying asingle common space or suite.
b. Area. Buildings with two or fewer business frontages shall be permitted one square foot of
sign area for each lineal foot of business frontage. For the third and subsequent business
frontages on a single building, the business shall be permitted one square foot of sign area
for every two lineal feet of business frontage. The maximum sign area on any single
business frontage shall not exceed sixty (60) square feet.
Business frontages of three or more, on a single building, shall comply with the following
criteria established within the City’ s Site Design and Use Standards:
i. A pedestrian entrance designed to be attractive and functional, and open to the public
during all business hours
ii. The pedestrian entrance shallbe accessed from a walkway connected to a public
sidewalk.
c. Projection. Except for marquee or awning signs, a projecting sign may project a maximum of
two feet from the face of the building to which they are attached, provided the lowest
portion of the sign is at least eight feet above grade. Any portion lower than eight feet can
only project four inches.
d. Extension above roof line. Signs may not project above the roof or eave line of the building.
2. Ground Signs.
a. Number. One sign shall be permitted for each lot with a street frontage in excess of fifty
lineal feet. Corner lots can count both street frontages in determining the lineal feet of the
street frontage but only one ground sign is permitted on corner lots. Two or more parcels of
less than fifty feet may be combined for purposes of meeting the foregoing standard.
b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street
frontage, with a maximum area of sixty square feet per sign.
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c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any
property line of the premises on which such sign is located. Signs on corner properties shall
also comply with the vision clearance provisions of Section 18.96.060(F).
d. Height. No ground sign shall be in excess of five feet above grade.
3. Awning or Marquee Signs.
a. Number. Two signs shall be permitted for each business frontage in lieu of wall signs.
b. Area. Signs shall not exceed the permitted aggregate sign area not taken upby a wall sign.
c. Projection. Signs may not project beyond the face of the marquee if suspended, or above or
below the face of the marquee if attached to and parallel to the face of the marquee.
d. Height. Signs shall have a maximum face height of nineinches if attached to the marquee.
e. Clearance above grade. The lowest portion of a sign attached to a marquee shall not be less
than seven feet, six inches above grade.
f. Signs painted on a marquee. Signs can be painted on the marquee in lieu of wallsign
provided the signs do not exceed the permitted aggregate sign area not taken up by wall
signs.
4. Portable Business Signs
a. Number. One portable business sign, limited to sandwich boards, pedestal signs, ‘ A’ frame
signs, flags, and wind signs, shall be allowed on each lot excepting that buildings,
businesses, shopping centers, and business complexes with permanent ground signs shall
not be permitted to have portable signs.
b. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental
signs established in 18.96.030(H). Signs shall not exceed an area of four (4) square feet per
face including any border or trim, and there shall be no more than two (2) faces.
c. Height. Sandwich board signs and ‘ A’ frame signs shall notextend more than three (3) feet
above the ground on which it is placed. Pedestal signs shall not extend more than four (4)
feet above the ground on which it is placed. A freestanding wind sign shall not extend more
than five (5) feet above the ground on which it is placed.
d. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any
property line of the premises on which such sign is located. Portable signs shall be located
within ten feet of the business entrance and shall not be placed on public right-of-way. No
portable business sign shall be constructed and placed so as to interfere with pedestrian
ingress and egress as regulated within the Ashland Municipal Code.
e. General Limitations. Signs shall be anchored, supported, or designed as to prevent tipping
over, which reasonably prevents the possibility of signs becoming hazards to public health
and safety. Signs shall not be constructed of plastic, illuminated or contain any electrical
component. No objects shall be attached to a portable sign such as but not limited to
balloons, banners, merchandise, and electrical devices. Portable business signs shall be
removed at the daily close of business. These signs are prohibited while the business is
closed.
5. Three-Dimensional Signs.
a. Number. One three-dimensional sign shall be permitted for each lot in lieu of one three
square foot incidental sign otherwise allowed per 18.96.030H.
b. Surface Area. Flat surfaces in excess of two square feet shall count toward the total
aggregate sign area per 18.96.090(A) 4.
c. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is
within a public pedestrian easement or extends beyond any property line of the premises on
which such sign is located into the public right-of-way unless the sign is attached to the
face of the building and located eight feet above grade, or the sign is attached to a marquee
with the lowest portion of the sign not less than seven feet, six inches above gradenot
projecting beyond, or above, the face of the marquee.
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d. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of
three feet.
e. Volume. The volume of the three-dimensional sign shall be calculated as the entire volume
within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not
exceed three (3) cubic feet. For the purposes of calculating volume the minimum
dimension for height, width, or depth shall be considered one foot.
f. Materials. The three-dimensional signs shall be constructed of metal, wood, bronze,
concrete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to
prevent corrosion or reflective glare. Three dimensional signs shall not be constructed of
plastic. Three dimensional signs shall not be internally illuminated or contain any electrical
component.
(Ord 3036, amended, 08/17/2010; Ord 2982, amended, 04/21/2009)
SECTION 18.96.100Freeway Sign Zone.
A.Purpose. This special overlay zone is intended to provide for and regulate certain ground signs
which identify businesses in commercial districts located at freeway interchanges.
B.Establishment and Location of Freeway Sign Zones. Freeway sign zones shall be depicted on the
official zoning map of the City and identified as the Freeway Overlay District.
C.Freeway Overlay Sign Regulations. All signs in this district shall comply with Section 18.96.090,
except for ground signs, which shall comply with the provisions of Section 18.96.100(D), ground sign
regulations.
D.Ground Sign Regulations.
Number.
1.One freeway sign shall be permitted for each lot in addition to the signs allowed by
18.96.090 of this Chapter. (Ord. 2290, 1984)
Area.
2.Signs shall not exceed an area of one hundred (100) square feet per sign.
Height.
3.Signs shall not exceed a height of 2028 feet above mean sea level.
SECTION 18.96.110Abatement of Nuisance Signs.
The following signs are hereby declared a public nuisance and shall be removed or the nuisance abated:
A.Flashing sign visible from a public street or highway.
B.Temporary, movable or portable signs located on the publicly owned right-of-way.
C.Illegal signs.
D.Signs in obvious disrepair which are not maintained according to the standards set forth in
18.96.120(C).
(Ord 2982, amended, 04/21/2009)
SECTION 18.96.120Construction and Maintenance Standards.
Materials of construction.
A.
Single and multi-family residential districts.
1.All signs and their supporting member may be
constructed of any material subject to the provisions of this Chapter.
Commercial and industrial districts.
2.All signs and their supporting members shall be
constructed of non-combustible materials or fire-retardant treated wood which maintains its
fire-resistive qualities when tested in accordance with the rain and weathering tests of the
U.B.C. Standards No.32-37, unless otherwise provided in this Section.
Non-treated signs.
3.All wall, ground, marquee and projecting signs of twenty square feet or less
may be constructed of non-treated wood.
Real estate and construction signs.
4.All signs may be constructed of compressed wood particle
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board or other material of similar fire resistivity.
Directly illuminated signs.
5.All signs illuminated from within may be faced with plastics
approved by the Building Code.
Glass.
6.All glass used in signs shall be shatter-resistant, or covered by a shatter-resistant material.
Wood.
7.Wood in contact with the ground shall be foundation-grade redwood, foundation-grade
cedar, all heartwood cypress, or any species of wood which has been pressure-treated with an
approved preservative. Trim and backing strips may be constructed of wood.
Construction Methods.
B.
1.All signs shall be constructed of such materials or treated in such manner that normal weathering
will not harm, deface or otherwise affect the sign.
2.All letters, figure and similar message elements shall be safely and securely attached to the sign
structure.
3.All signs shall be designed and constructed to resist the applicable wind loads set forth in the
Building Code.
Maintenance.
C.All signs shall be maintained at all times in a state of good repair, and no person shall
maintain or permit to be maintained on any premises owned or controlled by him/her, any sign which is
in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe condition.
SECTION 18.96.130Nonconforming Signs.
A.Any sign which does not conform with a provision of the Ashland Sign Code, and has been in
existence for more than five years, is subject to this Section.
B.Alteration of any existing nonconforming sign. It is unlawful to alter any existing nonconforming
sign. The sign must be brought into conformance with this Title upon any physical alteration. Acts
of God or vandalism which damage these nonconforming signs shall be exempt from this Section, if the
cost of the repair is less than 50% of the cost of replacing the sign with a conforming sign. However,
the signs must be restored to their original design and a permit with a $10.00 fee will be required prior
to the repair work.
C.Any nonconforming sign used by a business, shopping center, or business complex must be brought
into conformance prior to any expansion or change in use which requires a Site Review or Conditional
Use Permit. All nonconformingsigns must be brought into conformance with the same provisions as
are required for new signs. No building permits for new construction may be issued until this
provision is complied with.
D.Variances can be granted using the variance procedure of this Title to alleviate unusual hardships or
extraordinary circumstances which exist in bringing nonconforming signs into conformity. The
variance granted shall be the minimum required to alleviate the hardship or extraordinary
circumstance. (Ord. 2357,1985)
SECTION 18.96.140Enforcement.
The portions of this Chapter relating to the structural characteristics and safety of signs shall be enforced
by the Building Official or his/her designate; all other portions shall be enforced by the Staff Advisory or
designate. (Ord. 2176, 1982)
SECTION 18.96.150Governmental Signs.
Governmental agencies may apply for a Conditional Use to place a sign that does not conform to this Code
when it is determined that, in addition to the criteria for a conditionaluse, the sign is necessary to further
that agency's public purpose.
(ORD 2951, amended, 07/01/2008)
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SECTION 18.96.160Historic Signs.
A.Historic Sign Inventory. The inventory of historically significant signs shall be established by
resolution of the City Council.
B.Criteria for designation of historic signs. All signs for which designation as a Historic Sign are
requested shall be substantially in existence at the time of the application; shall be displayed in their
original location; shall bein association with an important event, person, group, or business in the
history of the City of Ashland; shall follow a guideline of being in existence for approximately 40
years; and shall meet one of the following criteria:
1.The sign is exemplary of technology, craftsmanship or design of the period when it was
constructed, uses historic sign materials or means of illumination, and is not significantly altered
from its historic period. If the sign has been altered, it must be restorable to its historic
appearance.
2.The sign is integrated into the architecture of the building and is exemplary of a historically
significant architectural style.
C.The owner of any sign may request that said sign be reviewed for significance in the Historic Sign
Inventory upon written application to the City Council. Application fees shall be the same as for Type
I applications. Applications shall include written findings addressing the criteria for designation of
historic signs, and current and historic photographs of the sign, if available.
1.The Council shall refer all requests for inclusion on the Historic Sign Inventory to the Historic
Commission for review and recommendation to the Council within 30 days of the request. Notice
of the Historic Commission meeting shall be mailed to all affected property owners within 100' of
the subject property. if a recommendation is not made within 30 days, the request shall be
forwarded to the Council without a recommendation.
2.The Council shall, after receiving the recommendation of the Historic Commission or after 30 days,
provide notice to all affected property owners within 100' of the subject property of a public
hearing before the City Council.
3.The Council shall decide, based on the criteria above and the recommendation of the Historic
Commission, whether to approve the request to include the sign on the inventory.
4.Inclusion on the Historic Sign Inventory shall be by resolution of the Council.
5.The burden of proof shall be on the applicant.
D.Signs on the Historic Sign Inventory in any zoning district shall be exempt from the requirements of
this Section except Sections 18.96.110 and 18.96.120(D). Also, that the sign area of the historic sign
is exempted from the total allowable sign area, as defined in this Section, except as modified by
Council conditions in E. below.
E.The City Council shall have the authority to impose conditions regulating area, maintenance, etc. on
the signs included in the Historic Sign Inventory to further the purpose and intent of this ordinance.
F.Removal or demolition of a Historic Sign shall be done under permit and approval of the Staff
Advisor. The Historic Commission shall review the permit at their next regularly scheduled meeting
and shall have the authority to delay issuance for 30 days from the date of their review meeting. Such
delay shall be to allow the Commission the opportunity to discuss alternate plans for the sign with the
applicant.
G.Signs on the Historic Sign Inventory, which have beendestroyed or damaged by fire or other
calamity, by act of God or by public enemy to an extent greater than 50%, may be reconstructed in an
historically accurate manner. Such reconstruction shall be authorized by the City Council, only after
determination that the reconstruction will be an accurate duplication of the historic sign, based on
review of photographic or other documentary evidence specifying the historic design. The Historic
Commission shall review and make recommendations to the City Council on all such reconstructions.
H.Maintenance and Modification of Historic Signs.
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1.All parts of the historic sign, including but not limited to neon tubes, incandescent lights and
shields, and sign faces, shall be maintained in a functioning condition as historically intended for
the sign. Replacement of original visible components with substitutes to retain the original
appearance shall be permitted provided such replacements accurately reproduce the size, shape,
color and finish of the original. Failure to maintain the sign in accord with this section shall be
grounds for review of the historic sign designation by the City Council.
2.Modifications of a historic sign may be allowed, after review by the Historic Commission and
approval by the City Council, only if such modifications do not substantially change the historic
style, scale, height, type of material or dimensions of the historic sign, and does not result in a sign
which does not meet the criteria for designation as a historic sign.
3.Changes in the location of a historic sign may be allowed, after review by the Historic Commission
and approval by the City Council, only if such locational change does not result in the sign no
longer meeting the criteria for designation as a historic sign. (Ord. 2598, 1990)
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CHAPTER 18.100
VARIANCES
SECTIONs:
18.100.010Variances -Purpose.
18.100.020Application.
18.100.030Effect.
SECTION 18.100.010Variances -Purpose.
Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of
this Title may result from the strict application of certain provisions thereof, variance may be granted as
provided in this Chapter. This Chapter may not be used to allow a use that is not in conformity with the
uses specified by this Title for the district in which the land is located. In granting a variance, the City
may impose conditions similar to those provided for conditional uses to protect the best interests of the
surrounding property and property owners, theneighborhood, or the City as a whole.
SECTION 18.100.020Application.
The owner or his agent may make application with the Staff Advisor. Such application shall be
accompanied by a legal description of the property and plans and elevations necessary to show the
proposed development. Also to be included with such application shall be a statement and evidence
showing that all of the following circumstances exist:
A.That there are unique or unusual circumstances which apply to this site which do not typically
apply elsewhere.
B.That the proposal's benefits will be greater than any negative impacts on the development of the
adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan
of the City. (Ord.2425 S1, 1987).
C.That the circumstances or conditions have not been willfully or purposely self-imposed.(Ord. 2775,
1996)
SECTION 18.100.030Effect.
No building or zoning permit shall be issued in any case where a variance is required until fifteen days
after approving of the variance by the Commission, and then only in accordance with the terms and
conditions of said approval. An appeal from the action of the Commission shall automatically stay the
issuance of the building or other permit until such appeal has been completed and the Council has acted
thereon. In the event the Council acts to grant said variance, the building or zoning permit may be issued
immediately thereafter, in accordance with such terms and conditions as may have been imposed on said
variance.
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CHAPTER 18.104
CONDITIONAL USE PERMITS
SECTIONs:
18.104.010Conditional Use Permits Generally.
18.104.020Definitions
18.104.030Procedure.
18.104.040Plan Requirements.
18.104.050Approval Criteria.
18.104.060Conditions.
18.104.070Revocation; Abandonment.
SECTION 18.104.010Conditional Use Permits Generally.
Certain uses are permitted in each zoning district only as conditional uses. This chapter provides
substantive approval criteria by which applications for conditional use permits are to be evaluated and
describesapplicable procedures. No conditionally permitted use may be established, enlarged or altered
unless the city first issues a conditional use permit in accordance with the provisions of this chapter.
SECTION 18.104.020Definitions
The following are definitions for use in this chapter.
A."Impact Area" -That area which is immediately surrounding a use, and which may be impacted by
it. All land which is within the applicable notice area for a use is included in the impact area. In
addition, any lot beyond the notice area, if the hearing authority finds that it may be materially
affected by the proposed use, is also included in the impact area.
B."Target Use" -The basic permitted use in the zone, as defined below.
WR (Woodland Residential) and RR (Rural Residential) zones:
1.Residential use
complying with all ordinance requirements, developed at the density permitted by Section
18.88.040.
R-1 (Single Family Residential) zones:
2.Residential use complying with all ordinance
requirements, developed at the density permitted by Section 18.88.040.
R-2 and R-3 Zones:
3.Residential use complying with all ordinance requirements, developed at
the density permitted by the zone.
C-1.
4.The general retail commercial uses listed in 18.32.020 B., developed at an intensity of .35
gross floorto area ratio, complying with all ordinance requirements.
C-1D.
5.The general retail commercial uses listed in 18.32.020 B., developed at an intensity of
1.00 gross floor to area ratio, complying with all ordinance requirements.
E-1.
6.The general office uses listed in 18.40.020 A., developed at an intensity of .35 gross floor
to area ratio, complying with all ordinance requirements.
M-1.
7.The general light industrial uses listed in 18.40.020 E., complying with all ordinance
requirements.
SO.
8.Educational uses at the college level, complying with all ordinance requirements.
CM-CI.
9.The general light industrial uses listed in 18.53.050 A., developed at an intensity of
.50 gross floor to area ratio, complying with all ordinance requirements.
CM-OE.
10.The general office uses listed in 18.53.050 A., developed at an intensity of .60 gross
floor to area, complying with all ordinance requirements.
CM-MU.
11.The general office uses listed in 18.53.050 A., developed at an intensity of .60 gross
floor to area, complying with all ordinance requirements.
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CM-NC.
12.The retail commercial uses listed in 18.53.050 A., developed at an intensity of .60
gross floor to area ratio, complying with all ordinance requirements.
(Ord 3036, amended, 08/17/2010)
SECTION 18.104.030Procedure.
An application for a conditional use permit shall be submitted by the owner of the subject property or
authorized agent on a form prescribed by the city and accompanied by the required filing fee. The
application shall include a plan or drawing meeting the requirements of Section 18.104.040 and shall be
processed as provided in Chapter 18.108 of this Title.
SECTION 18.104.040Plan Requirements.
A.The plan or drawing accompanying the application shall includethe following information:
1.Vicinity map.
2.North arrow.
3.Depiction and names of all streets abutting the subject property.
4.Depiction of the subject property, including the dimensions of all lot lines.
5.Location and use of all buildings existing and proposed on the subject property and schematic
architectural elevations of all proposed structures.
6.Location of all parking areas, parking spaces, and ingress, egress and traffic circulation for the
subject property.
7.Schematic landscaping plan showing area and type of landscaping proposed.
8.A topographic map of the site showing contour intervals of five feet or less.
9.Approximate location of all existing natural features in areas which are planned to be disturbed,
including, but not limited to, all existing trees of greater than six inch dbh, any natural drainage
ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders.
B.An application for a conditional use permit may, but need not be, made concurrently with any required
application for site design approval under Chapter 18.72. The provisions of paragraph (1) above are
not intended to alter the detailed site plan requirements of Section 18.72.040 for site design approval.
SECTION 18.104.050Approval Criteria.
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or
can be made to conform through the imposition of conditions, with the following approval criteria.
A.That the use would be in conformance with all standards within the zoning district in which the use
is proposed to be located, and in conformance with relevant Comprehensive plan policies that are
not implemented by any City, State, or Federal law or program.
B.That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C.That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone. When
evaluating the effect of the proposed use on the impact area, the following factors of livability of
the impact area shall be considered in relation to the target use of the zone:
1.Similarity in scale, bulk, and coverage.
2.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3.Architectural compatibility with the impact area.
4.Air quality, including the generation of dust, odors, or other environmental pollutants.
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5.Generation of noise, light, and glare.
6.The development of adjacent properties as envisioned in the Comprehensive Plan.
7.Other factors found to be relevant by the Hearing Authority for review of the proposed use.
SECTION 18.104.060Conditions.
The conditions which the approval authority may impose include, but are not limited to the following:
A.Regulation and limitation of uses.
B.Special yards, spaces.
C.Fences and walls.
D.Dedications, including the present or future construction of streets and sidewalks and bonds for
such construction or irrevocable consent improvement petitions for such improvements.
E.Regulation of points of vehicular and pedestrian ingress and egress.
F.Regulation of signs.
G.Regulation of building materials, textures, colors and architectural features.
H.Landscaping, including screening and buffering where necessary to increase compatibility with
adjoining uses.
I.Regulation of noise, vibration, dust, odors or similar nuisances.
J.Regulation of hours of operation and the conduct of certain activities.
K.The period of time within which the proposed use shall be developed.
L.Duration of use.
M.Preservation of natural vegetative growth and open space.
N.Any condition permitted by Section18.72, Site Design.
O.Such other conditions as will make possible the development of the city in a orderly and efficient
manner and in accordance with the provisions of this Title.
SECTION 18.104.070Revocation; Abandonment.
Unless a longer period isspecifically allowed by the approval authority, any conditional use permit
approved under this section, including any declared phase, shall be deemed revoked if the proposed use or
phase is not commenced within one year of the date of approval. A use orphase shall not be considered
commenced until the permittee has actually obtained a building permit and commenced construction or has
actually commenced the conditional use on the premises. If the permit requires site design approval under
Chapter 18.72,the permit shall be deemed revoked if the use or phase is not developed within one year of
the date of site design approval. A conditional use is deemed void if discontinued or abandoned for a
period of six consecutive months.(Ord. 2228, 1982; Ord. 2656,1991; Ord. 2775. 1996)
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CHAPTER 18.106
ANNEXATIONS
SECTIONs:
18.106.010Procedure.
18.106.020Application.
18.106.025Initiation by Council.
18.106.030Approval Standards
18.106.040Boundaries.
18.106.050Statutory procedure.
SECTION 18.106.010Procedure.
All annexations shall be processed under the Type III procedure. (ORD 2791, 1997)
SECTION 18.106.020Application.
Except for annexations initiated by the council or commission pursuant to section 18.106.025, application
for annexation shall include the following information:
A.Consent to annexation which is non-revokable for a period of one year from its date.
B.Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special
districts defined in ORS222.510.
C.Boundary description and map prepared in accordance with ORS 308.225. Such description and
map shall be prepared by a registered land surveyor. The boundaries shall be surveyed and
monumented as required by statute subsequent to Council approval of the proposed annexation.
D.Written findings addressing the criteria in 18.106.030.
E.Written request by the property owner for a zone change. Provided, however, no written request
shall be necessary if the annexation has been approved by a majority vote in an election meeting the
requirements of Section 11g of Article XI of the Oregon Constitution (Ballot Measure No. 47).
(ORD 2792, 1997)
SECTION 18.106.025Initiation by Council.
A proposal for annexation may be initiated by the council or commission on its own motion. The approval
standards in section 18.106.030 shall apply. Provided, however, that in the case of annexation pursuant to
section 18.106.030.4 (current or probable public health hazard due to lack of full City sanitary sewer or
water services) or section 18.106.030.6 (the lot or lots proposed for annexation are an "island" completely
surrounded by lands within the city limits), the approval standards in section 18.106.030.E, F and G shall
not apply. (ORD 2792, 1997)
SECTION 18.106.030Approval Standards
An annexation may be approved if the proposed request for annexation conforms, or can be made to
conform through the imposition of conditions, with the following approval criteria:
A.The land is within the City's Urban Growth Boundary.
B.The proposed zoning for the annexed area is in conformance with the designation indicated on the
Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an
allowed use within the proposed zoning.
C.The land is currently contiguous with the present City limits.
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D.Adequate City facilities for the provision of water to the site as determined by the Public Works
Department; the transport of sewage from the site to the waste water treatment plant as determined
by the Public Works Department; the provision of electricity to the site as determined by the
Electric Department; urban storm drainage as determined by the Public Works Department can and
will be provided to and through the subject property. Unless the City has declared a moratorium
based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists
system-wide for these facilities.
E.Adequate transportation can and will be provided to and through the subject property. For the
purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle,
pedestrian and transit transportation meeting the following standards:
1.For vehicular transportation a 20' wide paved access exists, or can and will be constructed,
along the full frontage of the project site to the nearest fully improved collector or arterial
street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street
standard with a minimum 20' driving surface. The City may, afterassessing the impact of the
development, require the full improvement of streets adjacent to the annexed area. All streets
located within annexed areas shall be fully improved to city standards. Where future street
dedications are indicated on the City's Street Dedication Map or required by the City,
provisions shall be made for the dedication and improvement of these streets and included with
the application for annexation.
2.For bicycle transportation safe and accessible bicycle facilities exist, or can and will be
constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided
on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be
determined and safe and accessible bicycle facilities serving those destinations shall be
indicated.
3.For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be
constructed. Full sidewalk improvements shall be provided on one side adjacent to the
annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as
required by ordinance on all streets within the annexed area. Where the project site is within a
quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be
constructed to extend and connect to the existing system. Likely pedestrian destinations from
the project site shall be determined and the safe and accessible pedestrian facilities serving
those destinations shall be indicated.
4.Fortransit transportation, should transit service be available to the site, or be likely to be
extended to the site in the future based on information from the local public transit provider,
provisions shall be made for the construction of adequate transit facilities, such as bus shelters
and bus turn-out lanes. All required transportation improvements shall be constructed and
installed prior to the issuance of a certificate of occupancy for any new structures on the
annexed property.
F.For all residential annexations, a plan shall be provided demonstrating that the development of the
entire property will ultimately occur at a minimum density of 90% of the base density for the zone,
unless reductions in the total number of units is necessary to accommodate significant natural
features, topography, access limitations, or similar physical constraints. The owner or owners of the
property shall sign an agreement, to be recorded with the county clerk after approval of the
annexation, ensuring that future development will occur in accord with the minimum density
indicated in the development plan. For purposes of computing maximum density, portions of the
annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes
greater than 35%, shall not be included.
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G.Except as provided in 18.106.030.G(7) below, for all annexations with a density or potential
density of four residential units or greater and involving residential zoned lands, or commercial,
employment or industrial lands witha Residential Overlay (R-Overlay):
1.The total number of affordable units provided to qualifying buyers, or to qualifying renters,
shall be equal to or exceed 25% of the base density as calculated using the unit equivalency
values set forth herein:
a. Ownership units restricted to households earning at or below 120% the area median
income shall have an equivalency value of 0.75 units
b.Ownership units restricted to households earning at or below 100% the area median
income shall have an equivalency value of 1.0 unit.
c. Ownership unitsrestricted to households earning at or below 80% the area median income
shall have an equivalency value of 1.25 units.
d.Ownership or rental units restricted to households earning at or below 60% the area median
income shall have an equivalency value of 1.5 unit, or;
2.As alternative to providing affordable units per section 18.106.030(G)(1) the applicant may
provide Title to a sufficient amount of buildable land for development through transfer to a
non-profit (IRC 501(3)(c)) affordable housing developer or public corporation created under
ORS 456.055 to 456.235 for the purpose of complying with subsection 18.106.030(G)(1)(b).
a.The land to be transferred shall be located within the project meeting the standards set
forth in 18.106.030(G) 4, 18.106.030(G) 5 and 18.106.030(G) 6
b.All needed public facilities shall be extended to the area or areas proposed for transfer.
c. Prior to commencement of the project, Title to the land shall be transferred to the City, an
affordable housing developer which must either be a unit of government, a non –profit
501(C)(3) organization, or public corporation created under ORS 456.055 to 456.235,
d.The land to be transferred shall be deed restricted to comply with Ashland’ s affordable
housing program requirements.
3.The affordable units shall be comparable in bedroom mix and housing type with the market rate
units in the development.
a.The number of bedrooms per dwelling unit in the affordable Units within the
residential development shall be in equal proportion to the number of bedrooms per
dwelling unit in the market-rate units within the residential development. This
provision is not intended to require the same floor area in affordable units as compared
to market-rate Units. The minimum square footage of each affordable unit shall
comply with the minimum required floor based as set forth in Table 1.
Table 1
Unit TypeMinimum Required Unit Floor Area (Square Feet)
Studio350
1 Bedroom500
2 Bedroom800
3Bedroom1,000
4 Bedroom1,250
b.The required on-site affordable units shall be comprised of the different unit types in the
same proportion as the market dwelling units within the development.
4.A development schedule shall be provided that demonstrates that the Affordable Housing Units
per 18.106.030 (G) shall be developed, and made available for occupancy, as follows:
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a.That 50% of the affordable units shall have been issued building permits prior to
issuance of a certificate of occupancy for the last of the first 50% of the market rate
units.
b.Prior to issuance of a building permit for the final 10% of the market rate units, the
final 50% of the affordable units shall have been issued certificates of occupancy.
5.That affordable housing units shall be distributed throughout the project.
6.That affordable housing units shall be constructed using comparable building materials and
include equivalent amenities as the market rate units.
a. The exterior appearance of the affordable units in any residential development shall be
visually compatible with the market-rate units in the development. External building
materials and finishes shall be substantially the same in type and quality for affordable
units as for market-rate units
c.Affordable units may differ from market-rate units with regard to interior finishes and
materials provided that the affordable housing units are provided with comparable
features to the market rate units, and shall have generally comparable improvements
related to energy efficiency, including plumbing, insulation, windows, appliances, and
heating and cooling systems.
7.Exceptions to the requirements of 18.106.030 G (2), 18.106.030 G (3), 18.106.030 G (4),
and/or 18.106.030 G (5) may be approved by the City Council upon consideration of one or
more of the following:
a. That an alternative land dedication as proposed would accomplish additional benefits
for the City, consistent with the purposes of this chapter, than would development
meeting the on-site dedication requirement of 18.106.030(G) 2, or;
b. That an alternative mix of housing types not meeting the requirements of 18.106.030.G
(3) (b) would accomplish additional benefits to the City consistent with this chapter,
than would the development providing a proportional mix of unit types.
c.That the alternative phasing proposal not meeting 18.106.030.G (4) provided by the
applicant provides adequate assurance that the affordable housing units will be
provided in a timely fashion, or;
d.That the distribution of affordable units within the development not meeting
18.106.030.G(5) is necessary for development of an affordable housing project that
provides onsite staff with supportive services or;
e.That the distribution of affordable units within the development as proposed would
accomplish additional benefits for the city, consistent with the purposes of this chapter,
than would development meeting the distribution requirement of 18.106.030.G (5), or;
f.That the materials and amenities applied to the affordable units within the
development, that are not equivalent to the market rate units per 18.106.030.G(6),
are necessary due to local, State, or Federal Affordable Housing standards or
financing limitations;
8.The total number of affordable units described in this section 18.106.030.G 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. Properties providing affordable
units as part of the annexation process shall qualify for a maximum density bonus of 25
percent.
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H.One or more of the following standards are met
1.The proposed area for annexation is to be residentiallyzoned, and there is less than a five-year
supply of vacant and re-developable land in the proposed land use classification within the
current city limits. “Re-developable land” means land zoned for residential use on which
development has already occurredbut on which, due to present or expected market forces,
there exists the likelihood that existing development will be converted to more intensive
residential uses during the planning period. The five-year supply shall be determined from
vacant and re-developable land inventories and by the methodology for land need projections
from the Housing Element of the Comprehensive Plan; or
2.The proposed lot or lots will be zoned CM, E-1 or C-1 under the Comprehensive Plan, and that
the applicant will obtain Site Review approval for an outright permitted use, or special
permitted use concurrent with the annexation request; or
3.A current or probable public health hazard exists due to lack of full City sanitary sewer or water
services; or
4.Existing development inthe proposed annexation has inadequate water or sanitary sewer
service; or the service will become inadequate within one year; or
5.The area proposed for annexation has existing City of Ashland water or sanitary sewer service
extended, connected, and in use, and a signed “consent to annexation” agreement has been filed
and accepted by the City of Ashland; or
6.The lot or lots proposed for annexation are an “island” completely surrounded by lands within
the city limits.
(Ord 3036, amended, 08/17/2010; Ord 2973, amended, 11/04/2008; Ord 2895, Amended, 04/15/2003)
SECTION 18.106.040Boundaries.
When an annexation is initiated by a private individual, the Staff Advisor may include other parcels of
property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land
which are not incorporated but are partially or wholly surrounded by the City of Ashland. The Staff
Advisor, in a report to the Commission and Council, shall justify the inclusion of any parcels other than the
parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and
Council to make annexations extending the City's boundaries more logical and orderly. (ORD 2792, 1997)
SECTION 18.106.050Statutory procedure.
The applicant for the annexation shall also declare which procedure under ORS Chapter 222 the applicant
proposes that the Council use, and supply evidence that the approval through this procedure is likely. (ORD
2792, 1997)
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CHAPTER 18.108
PROCEDURES
SECTIONs:
18.108.010Purpose.
18.108.015Pre-Application Conference
18.108.017Applications
18.108.020Types of Procedures
18.108.022Ministerial Action Time Limits.
18.108.025Consolidated Review Procedures
18.108.030Expedited Land Divisions
18.108.040TypeI Procedure
18.108.050Type II Procedure.
18.108.060Type III Procedures
18.108.070Effective Date of Decision and Appeals
18.108.080Public Hearing Notice
18.108.100Public Hearings Procedure.
18.108.110Appeal to Council.
18.108.140Fees.
18.108.150Council or Commission May Initiate Procedures.
18.108.160Ordinance Interpretations.
18.108.170Legislative amendments.
18.108.180Resubmittal of Applications.
SECTION 18.108.010Purpose.
The purpose of this chapter is to establish procedures to initiate and make final decisions regarding planning
actions.
SECTION 18.108.015Pre-Application Conference
An applicant shall request a pre-application conference prior to submitting an application for a Type I,
II or III planning action or an Expedited Land Division. The purpose of the conference shall be to
acquaint the applicant with the substantive and procedural requirements of the Land Use Ordinance,
provide for an exchange of information regarding applicable elements of the comprehensive plan and
development requirements and to identify policies and regulations that create opportunities or pose
significant constraints for the proposed development. The Staff advisor is authorized to waive
pre-application conference requirements and to create procedures which allow for electronic or other
alternative forms of conferences.
(ORD 2951, amended, 07/01/2008)
SECTION 18.108.017Applications
A.In order to initiate a planning action, a complete application shall be submitted to the Planning
Department as set forth below.
1.Complete applications shall include:
a.All of the required information for the specific action requested,
b.Written findings of fact,
c.Complete and signed application form. The application must be signed by one or more property
owners of the property for which the planning action is requested, or their authorized agents.
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The application shall not be considered complete unless it is accompanied by the appropriate
application fee.
2.Incomplete applications are subject to delay in accordance with ORS 227.178. The City will inform
the applicant of deficiencies within 30 days of application. The applicant then has 31 days in which
to provide a complete application. The City will begin the appropriate application procedure
when the application is deemed complete, or at the end of the 31 day period.
3.The Staff Advisor is authorized to set standards and procedures for application submittal
requirements, including the number and type of applications required (e.g. hard and/or electronic
copies), size and format of applications (e.g. paper size and electronic format), and dates when
applications can be received. The Staff Advisor shall make the requirements for application
submittals readily available to the public to review.
B.All applicants for Types I, II and III planning actions shall have completed a pre-application conference
for the project within a 6-month time period preceding the filing of the application. This requirement
may be waived by the Staff Advisor if in the Staff Advisor's opinion the information to be gathered in a
pre-application conference already exists in the final application.
C.Priority planning action processing for LEED® certified buildings.
1.New buildings and existing buildings whose repair, alteration or rehabilitation costs exceed fifty
percent of their replacement costs, that will be pursuing certification under the Leadership in
Energy and Environmental Design Green Building Rating System (LEED®) of the United States
Green Building Council shall received top priority in the processing of planning actions.
2.Applicants wishing to receive priority planning action processing shall provide the following
documentation with the application demonstrating the completion of the following steps in the
working towards LEED® certification.
a.Hiring and retaining a LEED® Accredited Professional as part of the project team throughout
design and construction of the project.
b.The LEED® checklist indicating the credits that will be pursued.
(Ord 3036, amended, 08/17/2010; ORD 2951, amended, 07/01/2008)
SECTION 18.108.020Types of Procedures
There are three general types of procedures: 1) ministerial actions; 2) planning actions, and 3)
legislative amendments. When a project proposal involves more than one application and more than
one type of procedure, the applications shall be reviewed together by the same decision body and
follow the highest level procedure applying to any one of the applications.
A.Ministerial Actions. The Staff Advisor shall have the authority to review and approve or deny
the following matters which shall be ministerial actions:
1.Final subdivision plat approval. (18.80.050)
2.Final partition map approval. (18.76.120)
4.Minor amendments to subdivisions and partitions.
5.Boundary line adjustments. (18.76.140)
6.Zoning permits. (18.112.010)
7.Sign permits. (18.96.050)
8.Home occupation permits. (18.94.130)
9.Extension of time limits for approved planning actions (18.112.030 and 18.112.035).
10.Mechanical equipment exempt from Site Review.
11.Conversion of existing multi-family dwelling units into for-purchasehousing.
B.Planning Actions. All planning actions shall be subject to processing by one of the four
following procedures:
1Type I Procedure
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2.Type II Procedure
3.Type III Procedure
4.Expedited Land Divisions
C.Legislative Amendments. Legislative amendments shall be subject to the procedures
established in section 18.108.170.
(ORD 2951, amended, 07/01/2008)
SECTION 18.108.022Ministerial Action Time Limits.
A.Within 21 days after accepting an application for a ministerial action the Staff Advisor shall deny or
approve the application unless such time limitation is extended with the consent of the applicant. The
Staff Advisor shall not accept applications which cannot be acted upon initially in a rational manner
within seven days of receipt unless the applicant consents to a longer period for action.
B.Within such 21 day period the Staff Advisor shall issue the permit or approval or advise the applicant
that the application has been denied.
SECTION 18.108.025Consolidated Review Procedures
An applicant may apply at one time for all permits or zone changes needed for a development project. The
consolidated procedure shall be subject to the time limitations set out in ORS 227.178. The consolidated
procedure shall follow the most restrictive procedure in the development project.
(ORD 2951, added, 07/01/2008)
SECTION 18.108.030Expedited Land Divisions
A.Applicability.
1.An expedited land division is an action that:
a.Includes land that is zoned for residential uses.
b.Is solely for the purposes of residential use, including recreational or open space uses
accessory to residential use.
c.Does not provide for dwellings or accessory buildings to be located on land that is
specifically mapped and designated for full or partial protection of natural features that
protect open spaces, physical and environmental constraints per Chapter 18.62, riparian
corridors, wetlands, designated historic districts or structures.
d.Meets minimum standards in the Street Standards Handbook and Section 18.88.050.
e.Creates enough lots or parcels to allow building residential units at 80 percent (80%) or
more of the maximum net density permitted by the zoning designation of the site.
2.A land division that creates three or fewer parcels under ORS 92.010 and ALUO 18.76.
3.An expedited land division as described in this section is not a land use decision or a limited
land use decision under ORS 197.015 or a permit under ORS 227.160.
4.All requirements outlined in Chapter 18.76 apply to expedited land divisions except for those
provisions modified within this section.
B.Procedure and Notice Requirements.
1.Application Completeness.
a.If the application for expedited land division is incomplete, the Staff Advisor shall notify
the applicant of exactly what information is missing within 21 days of receipt of the
application and allow the applicant to submit the missing information. For purposes of
computation of time under this section, the application shall be deemed complete on the
date the applicant submits the requested information or refuses in writing to submit it.
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b.If the application was complete when first submitted or the applicant submits the
requested additional information within 180 days of the date the application was first
submitted, approval or denial of the application shall be based upon the standards and
criteria that were applicable at the time the application was first submitted.
2.The city shall provide written notice of the receipt of the completed application for an
expedited land division to any state agency, local government or special district responsible
for providing public facilities or services to the development and to owners of property within
100 feet of the entire contiguous site for which the application is made. The notification list
shall be compiled from the most recent property tax assessment roll. For purposes of appeal
to the referee under ORS 197.375, this requirement shall be deemedmet when the local
government can provide an affidavit or other certification that such notice was given. Notice
shall also be provided to any neighborhood or community planning organization recognized
by the governing body and whose boundaries include the site.
3.The notice required under subsection (2) of this section shall:
a.State:
i.The deadline for submitting written comments;
ii.That issues that may provide the basis for an appeal to the referee must be raised in
writing prior to the expiration of the comment period; and
iii.That issues must be raised with sufficient specificity to enable the local government to
respond to the issue.
b.Set forth, by commonly used citation, the applicable criteria for the decision.
c.Set forth the street address or other easily understood geographical reference to the
subject property.
d.State the place, date and time that comments are due.
e.State a time and place where copies of all evidence submitted by the applicant will be
available for review.
f.Includethe name and telephone number of a local government contact person.
g.Briefly summarize the local decision-making process for the expedited land division
decision being made.
4.After notice under subsections (2) and (3) of this section, the city shall:
a.Provide a 14-day period for submission of written comments prior to the decision.
b.Make a decision to approve or deny the application within 63 days of receiving a
completed application, based on whether it satisfies the substantive requirements of the
local government’ s land use regulations. An approval may include conditions to ensure
that the application meets the applicable land use regulations. For applications subject to
this section, the city:
i.Shall not hold a hearing on the application; and
ii.Shall issue a written determination of compliance or noncompliance with applicable
land use regulations that includes a summary statement explaining the determination.
The summary statement may be in any form reasonably intended to communicate the
local government’ s basis for the determination.
c.Provide notice of the decision to the applicant and to those who received notice under
subsection (2) of this section within 63 days of the date of a completed application. The
notice of decision shall include:
i.The summary statement described in paragraph (b)(ii) of this subsection; and
ii.An explanation of appeal rights under ORS 197.375
C.Appeals
1.An appeal of a decision made under ORS 197.360 and 197.365 shall be made as follows:
a.An appeal must be filed with the local government within 14 days of mailing of the notice
of the decision under ORS 197.365 (4), and shall be accompanied by a $300 deposit for
costs.
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b.A decision may be appealed by:
i.The applicant; or
ii.Any person or organization whofiles written comments in the time period established
under ORS 197.365.
c.An appeal shall be based solely on allegations:
i.Of violation of the substantive provisions of the applicable land use regulations;
ii.Of unconstitutionality of the decision;
iii.That the application is not eligible for review under ORS 197.360 to 197.380 and
should be reviewed as a land use decision or limited land use decision; or
iv.That the parties’ substantive rights have been substantially prejudiced by an error in
procedure by the local government.
2.The city shall appoint a referee to decide the appeal of a decision made under ORS 197.360
and 197.365. The referee shall not be an employee or official of the local government. The
City Administrator is authorized to hire, under contract on an as neededbasis, a referee to
decide such appeals. If the city has designated a hearings officer under ORS 227.165, the
City Administrator may designate the hearings officer as the referee for appeals of a decision
made under ORS 197.360 and 197.365.
3.Within seven days of being appointed to decide the appeal, the referee shall notify the
applicant, the local government, the appellant if other than the applicant, any person or
organization entitled to notice under ORS 197.365 (2) that provided written comments to the
local government and all providers of public facilities and services entitled to notice under
ORS 197.365 (2) and advise them of the manner in which they may participate in the appeal.
A person or organization that provided written comments to the local government but did not
file an appeal under subsection (1) of this section may participate only with respect to the
issues raised in the written comments submitted by that person or organization. The referee
may use any procedure for decision-making consistent with the interests of the parties to
ensure a fair opportunity to present information and argument. The referee shall provide the
local government an opportunity to explain its decision, but is not limited to reviewing the
local government decision and may consider information not presented to the local
government.
4.Referee Decision.
a.The referee shall apply the substantive requirements of the local government’ s land use
regulations and ORS 197.360. If the refereedetermines that the application does not
qualify as an expedited land division as described in ORS 197.360, the referee shall
remand the application for consideration as a land use decision or limited land use
decision. In all other cases, the referee shall seek to identify means by which the
application can satisfy the applicable requirements.
b.The referee may not reduce the density of the land division application. The referee shall
make a written decision approving or denying the application or approving it with
conditions designed to ensure that the application satisfies the land use regulations, within
42 days of the filing of an appeal. The referee may not remand the application to the local
government for any reason other than as set forth in this subsection.
5Unless the governing body of the local government finds exigent circumstances, a referee who
fails to issue a written decision within 42 days of the filing of an appeal shall receive no
compensation for service as referee in the appeal.
6.Notwithstanding any other provision of law, the referee shall order the city to refund the
deposit for costs to an appellant who materially improves his or her position from the decision
of the local government. The referee shall assess the cost of the appeal in excess of the deposit
for costs, up to a maximum of $500, including the deposit paid under subsection (1) of this
section, against an appellant who does not materially improve his or her position from the
decision of the local government. The local government shall pay the portion of the costs of
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the appeal not assessed against the appellant. The costs of the appeal include the compensation
paid the referee and costs incurred by the local government, but not the costs of other parties.
D.Effective Date of Decision. Unless appealed within 14 days of mailing a notice of decision, the
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Staff Advisor decision becomes final on the 15day. Appeals shall be considered as set forth in
ALUO 18.108.030(C) and ORS 197.375.
(ORD 2951, amended, 07/01/2008; Ord 2942, amended, 10/02/2007)
SECTION 18.108.040Type 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.
iv.Expansion of impervious surface area in excess of 10% of the area of the site or
1,000 square feet, whichever is less
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.
vi.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.
vii.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 by the zoning regulations
of this Code.
viii.Any 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.
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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.
vi.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 I planning actions.
b.Amendment or modification to conditions of approval for Type II actions where the
modification involves only changes to tree removal and/or building envelopes
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.
d.Enlargement, expansion, etc. of nonconforming structures in accordance with
Section18.68.090(2).
e.Government signs per Section 18.96.150.
f.The 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.
g.The following uses in Commercial or Industrial zones:
i.Electrical substations
ii.Outdoor storage of commodities.
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.
i.Conditional uses in the Southern Oregon University District.
4.Variances for:
a.Sign placement.
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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.B.
c.Final Plan Approval for Performance Standards Subdivisions.
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 I 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.
(Ord 3054, amended, 11/15/2011; Ord 3036, amended, 08/17/2010; ORD 2998, amended, 12/15/2009; ORD 2951, amended,
07/01/2008)
SECTION 18.108.050Type II Procedure.
A.Actions Included. The following planning actions shall be subject to the Type II Procedure:
1.All Conditional UsePermits not subject to a Type I procedure.
2.All variances not subject to the Type I procedure.
3.Outline Plan for subdivisions under the Performance Standard Options (AMC Chapter 18.88).
4.Preliminary Plat for subdivisions under the standard subdivision code (AMC Chapter 18.80).
5.Final Plan approval for all subdivision requests under the Performance Standard Options not
requiring Outline Plan approval.
6.Water Resource Protection Zone Reductions greater than 25% and up to 50% as allowed in Chapter
18.63.
7.Hardship Variances as allowed in Chapter 18.63.
8.Any appeal of a Staff Advisor decision, including a Type I Planning Action or Interpretation of the
Ashland Land Use Code.
9.Any other planning action notdesignated as subject to the Type I or Type IIIProcedure.
B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type II Procedure shall be
processed as follows:
1. The Staff Advisor, acting under the authority of ORS 227.165, may hold an initial evidentiary
hearing on Type II applications once they are deemed complete. The Staff Advisor shall transmit
copies of the record developed at the hearing to the Commission for additional public hearing,
deliberation and decision. The Staff Advisor is not authorized to make decisions on Type II
applications.
2. Complete applications shall be heard at aregularly scheduled Commission meeting which is held at
least 30 days after the submission of the complete application.
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3. Notice of the hearing mailed as provided in section 18.108.080.
4. Public hearing(s) shall be held before the Commission and/or Staff Advisorin accord with the
requirements of section 18.108.100.
(ORD 2998, amended, 12/15/2009; ORD 2951, amended, 07/01/2008)
SECTION 18.108.060Type III 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 III 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 welfareexist 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 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 24, the Commission shall make a
report of its findings and recommendations on the proposed action. Such report shall be forwarded
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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.
(Ord 3054, amended, 11/15/2011; Ord 2974, amended, 11/04/2008; ORD 2951, amended, 07/01/2008; Ord 2895, Amended,
04/15/2003)
SECTION 18.108.070Effective Date of Decision and Appeals
A.Ministerial actions are effective on the date of the decision of the Staff Advisor and are not subject to
appeal.
B.Actions subject to appeal:
1.Expedited Land Divisions.Unless appealed within 14 days of mailing a notice of decision, the
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Staff Advisor decision becomes final on the 15
day. Appeals shall be considered as set forth in
ALUO 18.108.030(C) and ORS 197.375.
2.Type I Planning Actions.
a.Effective Date of Decision. The final decision of the City for planning actions resulting from
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the Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13day
after notice of the decision is mailedunless reconsideration of the action is approved by the
Staff Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b.Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth
below.
i.Any partyentitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the
Staff Advisor that a factual error occurred through no fault of the party asking for
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input on the
application sufficient to afford the Staff Advisor an opportunity to respond to the issue
prior to making a decision.
ii.Reconsideration requests shall be received within five (5) days of mailing. The Staff
Advisor shall decide within three (3) days whether to reconsider the matter.
iii.If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff
Advisor shall decide within ten (10) days to affirm, modify, or reverse the original
decision. The Staff Advisor shall send notice of the reconsideration decision to affirm,
modify, or reverse to any party entitled to notice of the planning action.
iv.If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those
parties that requested reconsideration.
c.Appeal.
i.Within twelve (12) days of the date of the mailing of the Staff Advisor’ s final decision,
including any approved reconsideration request, the decision may be appealed to the
Planning Commission by any party entitled to receive notice of the planning action. The
appeal shall be submitted to the Planning Commission Secretary on a form approved by the
City Administrator, be accompanied by a fee established pursuant to City Council action,
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and be received by the city no later than 4:30 p.m. on the 12
day after the notice of
decision is mailed.
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ii.If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial
hearing shall be refunded. The fee required in this section shall not apply to appeals made
by neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii.The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial
evidentiary hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an
appeal to the Land Use Board of Appeals. The Planning Commission or Hearings Board
decision on appeal shall be effective 13 days after the findings adopted by the Commission
or Board are signed by the Chair of the Commission or Board and mailed to the parties.
iv.The appeal requirements of this section must be fully met or the appeal will be considered
by the city as a jurisdictional defect and will not be heard or considered.
d.Final Decision of City. The decision of the Commission shall be the final decision of the City
on appeals heard by the Commission on Type I Planning actions, effective the day the findings
adopted by the Commission are signed by the Chair and mailed to the parties.
3.Type II Planning Actions.
a.Effective Date of Decision. The decision of the Commission is the final decision of the City
resulting from the Type II Planning Procedure, effective 13 days after the findings adopted by
the Commission are signed by the Chair of the Commission and mailed to the parties, unless
reconsideration of the action is authorized as provided in Section (b) below or appealed to the
Council as provided in section 18.108.110.A.
b.Reconsideration.
i.The Staff Advisor on his/her own motion, or any party entitled to notice of the planning
action may request reconsideration of the action after the Planning Commission final
decision has been made by providing evidence to the Staff Advisor addressing one or more
of the following: (1) new evidence material to the decision exists which was unavailable,
through no fault of the requesting party, when the record of the proceeding was open; (2) a
factual error occurred through no fault of the requesting party which is relevant to an
approval criterion and material to the decision; (3) a procedural error occurred, through no
fault of the requesting party, that prejudiced the requesting party's substantial rights and
remanding the matter will correct the error. Reconsideration requests are limited to errors
identified above and notthe failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to afford the Staff Advisor
an opportunity to respond to the issue prior to making a decision.
ii.Reconsideration requests shall be received within seven (7) days of mailing. The Staff
Advisor shall promptly decide whether to reconsider the matter.
iii.If the Staff Advisor is satisfied that an error occurred as identified above and is crucial to
the decision, the StaffAdvisor shall schedule reconsideration with notice to participants of
the matter before the Planning Commission. Reconsideration shall be scheduled before
the Planning Commission at the next regularly scheduled meeting. Reconsideration shall
be limited to the portion of the decision affected by the alleged errors identified in
paragraph 3.b.i above.
iv. The Planning Commission shall decide to affirm, modify, or reverse the original decision.
The Planning Commission Secretary shall send notice of the reconsideration decision to
any party entitled to notice of the planning action.
c.Final Decision of City. Unless the decision is remanded to the Planning Commission, the
decision of the City Council shall be the final decision of the City on appeals heard by the
Council, on Type II Planning actions, effective the day the findings adopted by the Council are
signed by the Mayor and mailed to the parties.
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4.Type III Planning Actions. For planning actions described in section 18.108.060.A.1 thru 4, the
decision of the Council shall be the final decision of the City, effective the day the findings adopted
by the Council are signed by the Mayor and mailed to the parties.
5.Council Call Up. The City Council may call up any planning action for a decision upon motion
and majority vote, provided such vote takes place in the required appeal period. Unless the
planning action is appealed and a public hearing is required, the City Council review of the
Planning Action is limited to the record and public testimony isnot allowed. The City Council
may affirm, modify or reverse the decision of the Planning Commission, or may remand the
decision to the Planning Commission for additional consideration if sufficient time is permitted for
making a final decision of the city. The City Council shall make findings and conclusions and
cause copies of a final order to be sent to all parties of the planning action.
C.No building or zoning permit shall be issued for any action under this Title until the decision is final, as
defined in this section.
D.Notwithstanding any other provision of this Chapter, in the event a LUBA appeal or a Circuit Court
proceeding is filed concerning a final land use decision of the City, the timetable of development is
deemed tolled or suspended from the date of the final decision of the City until final resolution of all
appeals or final action on remand, whichever is later, not to exceed 24 months. After resolution of all
such appeals or remands, timetables shall be adjusted in writing by the Staff Advisor to reflect this
automatic tolling, regardless of the approval authority.
(Ord 3005, amended, 03/02/2010; ORD 2951, amended, 07/01/2008)
SECTION 18.108.080Public 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 othereasily 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.
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 statementthat 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.
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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 clearlyvisible 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 II and III Public Notice. In addition to the notice specified in section
18.108.080.A, B and C, notice for Type II and III 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:
1.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 §18.108.110.
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.
(Ord 3054, amended, 11/15/2011; ORD 2951, amended, 07/01/2008)
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SECTION 18.108.100Public Hearings Procedure.
A.At the commencement of a public hearing a statement shall be made to those in attendance that:
1.Lists the applicable substantive criteria.
2.States that testimony and evidence must be directed toward the listed applicable substantive
criteria, or other criteria in the comprehensive plan or Land Use Ordinance which the person
believes to apply to the decision.
3.States that failure to raise an issue with sufficient specificity to afford the decision maker and the
parties an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
4.States that failure to participate in the public hearing, either orally or in writing, precludes appeal to
LUBA.
5.States the presentation and rebuttal time limits for the applicant, proponents, and opponents.
6.Other general rules of conduct for the public hearing as deemed necessary by the Board or
Commission.
B.After the statement required by section 18.108.100.A is made, the Commission or Council members
shall declare any actual or potential conflicts of interest and any ex parte contacts including the
substance of those contacts and any conclusions the member reached because of those contacts.
1.No member shall serve on any proceeding in which such member has an actual conflict of interest;
in which the member, or those persons or businesses described in ORS 227.035, has a direct or
substantial financial interest; or in which the member is biased. If a member refuses to disqualify
him or herself, the Board, for hearings before the Board; the Commission, for hearings before the
Commission, or the Council for hearings before the Council, shall have the power to remove such
member for that proceeding.
2.All parties shall be advised that they have the rightto rebut the substance of any ex parte
communications.
C.At such public hearing, after receipt of public testimony, the Board or Commission may approve,
approve with conditions or deny the request. The Board or Commission may also continue the public
hearing to the next meeting to allow for the submittal of additional information for consideration in the
decision. At the public hearing, the date, time, and location for the continuance of the public hearing
shall be stated. After such statement, no additional public notice shall be required.
D.A majority of those members present at the public hearing must vote affirmatively in order to adopt
findings.
SECTION 18.108.110Appeal to Council.
A.Appeals of Type II decisions -shall be initiated by a notice of appeal filed with the City
Administrator. The standard Appeal Fee shall be required as part of the notice. All the appeal
requirements of Section 18.108.110, including the appeal fee, must be fully met or the appeal will
be considered by the city as jurisdictionally defective and will not be heard or considered.
1.The appeal shall be filed prior to the effective date of the decision of the Commission.
2.The notice shall include the appellant's name, address, a reference to the decision sought to be
reviewed, a statement as to how the appellant qualifies as a party, the date of the decision
being appealed, and a clear and distinct identification of the specific grounds for which the
decision should be reversed or modified, based on identified applicable criteria or procedural
irregularity.
3.The notice of appeal, together with notice of the date, time and place to consider the appeal by
the Council shall be mailed to the parties at least 20 days prior to the meeting.
4.A.Except upon the election to re-open the record as set forth in subparagraph 4.B. below, the
review of a decision of the Planning Commission by the City Council shall be confined to
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the record of the proceeding before the Planning Commission. The record shall consist of
the application and all materials submitted with it; documentary evidence, exhibits and
materials submitted during the hearing or at other times when the record before the
Planning Commission was open; recorded testimony; (including DVDs when available),
the executed decision of the Planning Commission, including the findings and
conclusions. In addition, for purposes of City Council review, the notice of appeal and
the written arguments submitted by the parties to the appeal, and the oral arguments, if
any, shall become part of the record of the appeal proceeding
B.The Council may reopen the record and consider new evidence on a limited basis, if such
a request to reopen the record is made to the City Administrator together with the filing of
the notice of appeal and the City Administrator determines prior to the City Council
appeal hearing that the requesting party has demonstrated:
(a.)That the Planning Commission committed a procedural error,
through no fault of the requesting party, that prejudiced the requesting
party's substantial rights and that reopening the record before the Council is
the only means of correcting the error; or
(b.)That a factual error occurred before the Planning Commission
through no fault of the requesting party which is relevant to an approval
criterion and material to the decision; or
(c.)That new evidence material to the decision on appeal exists which
was unavailable, through no fault of the requesting party, when the record of
the proceeding was open, and during the period when the requesting party
could have requested reconsideration. A requesting party may only qualify
for this exception if he or she demonstrates that the new evidence is relevant
to an approval criterion and material to the decision. This exception shall
be strictly construed by the Council in order to ensure that only relevant
evidence and testimony is submitted to the hearing body.
Re-opening the record for purposes of this section means the submission of additional
written testimony and evidence, not oral testimony or presentation of evidence before
the City Council.
C.Oral argument on the appeal shall be permitted before the Council. Oral argument shall be
limited to ten (10) minutes for the applicant, ten (10) for the appellant, if different, and three
(3) minutes for any other Party who participatedbelow. A party shall not be permitted oral
argument if written arguments have not been timely submitted. Written arguments shall be
submitted no less than ten (10) days prior to the Council consideration of the appeal. Written
and oral arguments on theappeal shall be limited to those issues clearly and distinctly set forth
in the Notice of Appeal; similarly, oral argument shall be confined to the substance of the
written argument.
D.Upon review, and except when limited reopening of the record is allowed, the City Council
shall not re-examine issues of fact and shall limit its review to determining whether there is
substantial evidence to support the findings of the Planning Commission, or to determining if
errors in law were committed by the Commission. Review shall in any event be limited to
those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on
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appeal to the Council that was not raised before the Planning Commission with sufficient
specificity to enable theCommission and the parties to respond.
E.The Council may affirm, reverse, modify or remand the decision and may approve or deny the
request, or grant approval with conditions. The Council shall make findings and conclusions,
and make a decision based on the record before it as justification for its action. The Council
shall cause copies of a final order to be sent to all parties participating in the appeal. Upon
recommendation of the Administrator, the Council may elect to summarily remand the matter
to the Planning Commission. If the City Council elects to remand a decision to the Planning
Commission, either summarily or otherwise, the Planning Commission decision shall be the
final decision of the City, unless the Council calls the matter up pursuant to Section
18.108.070.B.5 .
F.Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the
following:
1.The applicant.
2.Persons who participated in the public hearing, either orally or in writing. Failure to
participate in the public hearing, either orally or in writing, precludes the right of appeal to
the Council.
4.Persons who were entitled to receive notice of the action but did not receive notice due to
error.
(ORD 2951, amended, 07/01/2008)
SECTION 18.108.140Fees.
Fees for applications under this Title shall be set by resolution of the Council.
SECTION 18.108.150Council or Commission May Initiate Procedures.
The Commission or Council may initiate any Staff Permit, Type I, Type II, or Type III planning action by
motion duly adopted by the respective body designating the appropriate city department to complete and
file the application.
SECTION 18.108.160Ordinance Interpretations.
A.When in the administration of the Land Use Ordinance there is doubt regarding its intent, the suitability
of uses not specified or the meaning of a word or phrase, the Staff Advisor may interpret the provision
in writing or refer the provision to the Commission for interpretation. The Commission shall issue an
interpretation in writing to resolve the doubt. Neither the Staff Advisor's interpretation nor the
Commission's shall have the effect of amending the provisions of the Land Use Ordinance. Any
interpretation of the Land Use Ordinance shall be based on the following considerations:
1.The comprehensive plan;
2.The purpose and intent of the Land Use Ordinance as applied to the particular section in question;
and
3.The opinion of the City Attorney.
B.The interpretation of the Staff Advisor shall be forwarded to the Commission who shall have the
authority to modify the interpretation. The interpretation of the Commission shall be forwarded to the
Council who shall have the authority to modify the interpretation. Whenever such an interpretation is of
general public interest, copies of such interpretation shall be made available for public distribution.
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SECTION 18.108.170Legislative amendments.
A.It may be necessary from time to time to amend the text of the Land Use Ordinance or make other
legislative amendments in order to conform with the comprehensive plan or to meet other changes in
circumstances and conditions. A legislative amendment is a legislative act solely within the authority of
the Council.
B.A legislative amendment may be initiated by the Council, by the Commission, or by application of a
property owner or resident of the City. The Commission shall conduct a public hearing on the proposed
amendment at its earliest practicable meeting after it is submitted, and within thirty days after the
hearing, recommendto the Council, approval, disapproval, or modification of the proposed
amendment.
C.An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposalis to be first considered.
The application shall be accompanied by the required fee.
D.Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After
receipt of the report on the amendment from the Commission, the Council shall hold a public hearing
on the amendment. Notice of time and place of the public hearings and a brief description of the
proposed amendment shall be given notice in a newspaper of general circulation in the City not less
than ten days prior to the date of hearing.
E.No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request,
except the Commission may permita new application if, in the opinion of the Commission, new
evidence or a change of circumstances warrant it.
SECTION 18.108.180Resubmittal of Applications.
In case an application is denied by the Commission, or denied by the Council on appeal, unless that denial is
specifically stated to be without prejudice, it shall not be eligible for resubmittal for one year from the date
of the denial, unless evidence issubmitted that conditions, the application, or the project design have
changed to an extent that further consideration is warranted.(Ord.2299, 1984; Ord. 2583, 1990; Ord. 2775,
1996)
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CHAPTER 18.110
BALLOT MEASURE 49 CLAIMS -amended Ord 2948 02/19/2008
SECTIONs:
18.110.005Purpose and Scope
18.110.010Definitions
18.110.015Measure 49: Delegation of authority to City Administrator
18.110.020Measure 49: Claim for Compensation
18.110.025City Administrator Review and Decision.
18.110.035City Council Consideration and Decision.
18.110.040Burden of proof and Record.
18.110.045Effect of Waiver
18.110.050Procedural Error.
18.110.060Recording.
18.110.065Reconsideration of Waiver.
18.110.070Appeals.
SECTION 18.110.005Purpose and Scope
A.ORS 197.352(5) authorizes local government to establish procedures governing new claims under
Section 12 to 14 of Ballot Measure 49 (2007). These provisions are in addition to and not in lieu of the
requirements of Ballot Measure 49.
B.As it relates to City claims, Ballot Measure 49 permits compensation claims only when a non-exempt
City land development regulation, enacted after January 1, 2007, restricts the residential use of private
real property zoned for primarily single family residential use and it can be demonstrated in a qualified
appraisal that the restriction reduces fair market value.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.010Definitions
For the purposes of this Chapter, and the evaluation, assessment and processing of Measure 49 claims, the
following mean:
A.“Ballot Measure 49” means the measure enacted by the voters at the November, 2007 General Election,
which amended ORS Chapter 197.
B.“Claim” means a written demand for compensation filed under Section 12 to 14 of Measure 49 and
ORS 197.25, as in effect on and after the effective date of Measure 49
C.“Claimant” means the person who has filed a claim. The claimant must be a current owner of the
property that is the subject of the claim.
D.”City Administrator”: the City Administrator of the City of Ashland, or the City Administrator's
designee.
E.“Fair market value” is the amount of money, in cash, that the property would bring if the property was
offered for sale by a person who desires to sell the property but is not obligated to sell the property, and
if the property was bought by a person who was willing to buy the property but not obligated to buy the
property. The fair market value is the actual value of property, with all of the property’ s adaptations
to general and special purposes. The fair market value of property does not include any prospective
value, speculative value or possible value based upon future expenditures and improvements.
F.“Interest” Is the average interest rate for a one-year United States Government Treasury Bill on
December 31 of each year of the period between the date the land use regulation was enacted and the
date the claim was filed, compounded annually on January 1 of each year of the period.
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G.“Land Use Regulation” means a provision of a city comprehensive plan, zoning ordinance or land
division ordinance that restricts the residential use of private real property zoned for residential use.
H.“Property” means the private real property described in a claim and contiguous private real property
thatis owned by the same owner, whether or not the contiguous property is described in another claim,
and that is not property owned by the federal government, an Indian tribe or a public body, as defined in
ORS 192.410.
I.“Reduction in fair market value” means the difference, if any, in the fair market value of the property
from the date that is one year before the enactment of the land use regulation to the date that is one year
after the enactment, plus interest.
J.“Urban growth boundary” has the meaning given that term in ORS 195.060.
K.“Waive” or “Waiver” means an action or decision authorizing the claimant to use the property without
application of the land use regulation(s) to the extent necessary to offset the reduction in fair market
value of the property.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.015Measure 49: Delegation of authority to City Administrator
A.The City Administrator is delegated authority to determine the validity of, and grant non-monetary
compensation for, claims filed under Section 12 to 14 of Measure 49 after June 28, 2007. The City
Administrator may not authorize monetary payment for any claim, nor may the City Administrator
award transferable development credits.
B.The City Administrator may forward any claim to the City Council for resolution if the City
Administrator determines it would be in the public interest to do so. The City Administrator shall
forward a claim to the City Council for a decision if the City Administrator concludes that payment of
monetary compensation or an award of transferable development credits is an appropriate remedy.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.020Measure 49: Claim for Compensation
A.Filing. All claims shall be filed with the City Administrator in person or by U.S. mail. The filing date
is the date the claim is received by the City.
B.Submittal requirements:
1.Claimant shall file a fully executed and completed Measure 49 claim form provided by the City
Community Development Department including:
a.The name and address of each owner and the date (supported by evidence) when the property
was acquired.
b.The address, if any, tax lot number, township, range and section of the property that is the
subject of the claim;
c.A specific statement of the person’ s desired use of the property for residential use;
d.A specific reference ( or citation) to each land use regulation enacted after January 1, 2007 that
is alleged to restrict the person’ s desired use of the property and when the land use regulations
were enacted (the reference must be specific enough to permit the City to identify the precise
regulation);
e.The amount of reduction in fair market value (supported by evidence) alleged for each
regulation at issue plus interest;
f.Whether a previous permit was issued for development of the property including a description
of the use and case file number;
g.Whether a claim was filed for the subject property with the state or any other government; and
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h.Any other information reasonably related to the review andprocessing of the claim as required
by the Director of Community Development or as provided on the Measure 49 claim form.
2.Claimant shall also provide:
a.Evidence of the acquisition date of the claimant, including the instrument conveying the
propertyto the claimant and a report from a title company identifying the person in which title
is vested and the claimant’ s acquisition date and described exceptions and encumbrances to
title that are of record;
b.The written consent of all of the owners if there is more than one owner;
c.A qualifying appraisal (consistent with Section 12 (2) of the Measure) showing the fair market
value of the property one year before the enactment of each land use regulation and the fair
market value of the property one yearafter the enactment. The actual and reasonable cost of
preparing the claim, evidenced by receipts, including the cost of the appraisal, not to exceed
$5,000, may be added to the calculation of the reduction in fair market value under this
subsection. The appraisal must: (1) be prepared by a person certified under ORS chapter 674
or a person registered under ORS chapter 308; (2) comply with the Uniform Standards of
Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989; and (3) expressly determine the highest and best use of the
property at the time the land use regulation was enacted; and
d.A claim review fee to cover the actual and reasonable cost of reviewing the claim, of seven
hundred fifty dollars ($750) or such other claim(s) review fee as set by Resolution of the City
Council.
3.Only one claim for each property may be filed for each land use regulation.
C. Claim review process. The city shall:
1.Deny a claim if:
a.It is not filed within five (5) years from the date the land use regulation was enacted;
b.An application for a comprehensive plan or zoning amendment is approved for the subject
property;
c.An application to include the property within the UGB is approved; or
d.A petition to annex the property is approved by the city.
2.Determine whether a claim is complete within sixty (60) days after receiving the claim;
3.Notify the claimant of any missing information within sixty (60) days after receiving the claim;
4.After providing notice of missing information, deem the application complete if:
a.The claimant provides the missing information and the required fee; or
b.The claimant provides written statement that some or all of the missing information will not be
provided and the required fee.
5.Deem the application complete if the city fails to notify the claimant of missing information within
sixty (60) days after receiving the claim;
6.Deem the application withdrawn if the claimant fails to provide the missinginformation, fee or a
written statement that some or all of the information will not be provided within the time specified
in the notice of missing information; and
7.Issue a final determination on a claim within 180 days from the date the claim is deemed complete.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.025City Administrator Review and Decision.
A.Claims review process. Upon receipt of a filing, the City Administrator shall follow the claims review
process under Section 18.110.020.
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B.Reviewcriteria. The City Administrator shall determine whether to approve or deny the claim based
upon the criteria and standards in Ballot Measure 49 and based upon a demonstration by the owner that:
1.A city land use regulation enacted after January 1, 2007and after the property was acquired by the
owner(s) restricts the owner’ s desired residential use of the property;
2.The city land use regulation has the effect of reducing the fair market value of the property;
3.The highest and best use of the property at the time the property was acquired is the owner’ s
desired use of the property;
4.The land use regulation is not an exempt land use regulation under the terms of Ballot Measure 49;
5.The time limitations for filing a claim, as specified in Ballot Measure 49, have not been exceeded;
and
6.All other requirements of law, including Measure 49 requirements not specifically stated herein, ,
have been met.
C.Acquisition date. The date the property was acquired is:
1.The date the claimant became the owner of the property as shown in the deed records of Jackson
County;
2.If there is more than claimant for the same property under the same claim and the claimants have
different acquisition dated, the acquisition date is the earliest of those dated;
3.If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the
claimant’ s acquisition date is the date the claimant was married to the deceased spouse or the date
the spouse acquired the property, whichever is later. A claimant or a surviving spouse may
disclaim relief by using the procedure provided in ORS 105.623 to 105.649; and
4.If a claimant conveyed the property to another person and reacquired the property, whether by
foreclosure or otherwise, the claimant’ s acquisition date is the date the claimant reacquired
ownership of the property.
D.A default judgment entered after December 2, 2004, does not alter a claimant’ s acquisition date unless
the claimant’ s acquisition date is after December 2, 2004.
E.Notice of opportunity to comment of staff report. If a claim is deemed complete and is not rejected,
the City Administrator shall draft a staff report. No less than thirty days (30) notice of an opportunity
to submit written comments on the staffreport shall be sent to:
1.The claimant or representative and all owners of the subject property known to the City;
2.All property owners of record within one hundred (100) feet of the subject property.
3.Any formally recognized City neighborhood association in which the subject property is located;
4.The Department of Land conservation and Development;
5.Any special district or school district in which the property is located or which has requested notice;
6.Jackson County; and
F.The notice shallcontain:
1.The address, if any , tax lot number, township range and section of the property that is the subject of
the claim and the date when the property was acquired;
2.A statement of the claim, including the owner’ s desired use of the property for residential use;
3.A summary of the staff report including the number of dwellings, lots or parcels as well as the
specific regulations alleged to restrict the use of the property;
4.A statement that the claim, staff report and any information submitted is available at the Ashland
Community Development Department,51 Winburn Way, Ashland, Oregon 97520, for inspection
or copying at cost and the phone number of a City staff contact;
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5.A statement that all persons may submit written comments, evidence and arguments within the
comment period which shall end on a date certain as specified in the notice (not less than thirty (30)
days from the date the notice is mailed);
6.A statement that judicial review of the final determination on the claim is limited to the written
evidence and arguments submitted to the city while the record is open;
7.A statement that prior to the end of the comment period the claimant may request an additional
seven (7) days to respond to new evidence or to submit final arguments
8.Astatement that judicial review is available only for issues that are raised with sufficient specificity
to afford the public entity an opportunity to respond; and
9.Any other information as deemed necessary by the City Administrator.
G.The City Administrator shall consider comments actually received by the conclusion of the comment
period and such other information as the City Administrator deems relevant and material. Any request
by claimant to respond to new evidence or to submit final arguments must be submitted before the close
of the written comment period as provided in the notice. The claimant shall receive seven days to
submit such evidence or argument.
H.Final waiver or rejection of claim. A decision to issue a waiver or reject a claim shallbe reduced in
writing and signed by the City Administrator. The City Administrator may waive some regulations
identified in the claim and deny waiver of others. The City Administrator may not waive regulations
that are not specified in the claim. The City Administrator may impose reasonable conditions on the
waiver to protect the public interest.
I.Notice of final waiver or rejection of a claim. The City Administrator shall send notice and a copy of
the decision to the claimant. Notice of the final decision shall also be sent to anyone who submitted
any written evidence or arguments prior to the close of the comment period and to all persons entitled to
notice of the comment period. The notice shall contain a brief description of the waiver, if any,
including a listing of all regulations that the City Administrator has decided to not apply and the
specific number of dwellings, lots or parcels authorized by the waiver. The notice also shall state that
a claim has been, or may need to be, filed with the State, or other entity, if the City Administrator thinks
that a state or other governmental regulation is implicated.
J.The City Administrator may forward a claim to the City Council for a public hearing and decision in
accordance with Section 18.110.035 and this Section. The City Administrator shall consider such
factors as: the amount of compensation at issue; the nature of the proposed use or development, if any;
and the impact of the proposed use or development. The decision of the City Administrator to forward
the claim to the City Council is final and not subject to appeal. The City Council, however, may
summarily and without notice or hearing elect to return the claim to the City Administrator for a
decision.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.035City Council Consideration and Decision.
A.Claim processing. All claims transferred by the City Administrator to the City Council shall be
processed by the City Administrator consistent with the claims review process provided under this
Chapter. The City Council shall issue a final decision after providing notice and a hearing within 180
days from the date the claim in deemed complete.
B.Notice and hearing. The decision of the City Council shall be made after a public hearing conducted in
accordance with such procedures as the City Council may adopt. At least thirty (30) days written
notice shall be provided of the public hearing and include such information as is set forth in Section
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18.110.030, providing all required notices aboveare modified to include reference to the public hearing
date rather than the comment period. A staff report will be available at least fourteen (14) calendar
days prior to the hearing addressing:
1.Whether the claim filed is complete; and
2.A recommendation as to whether and how much to pay in compensation , or, in lieu thereof, a
recommendation on an award of transferable development credits, or a recommendation regarding
the number of dwellings and lots that may be approved and the land regulation(s)that should be
waived.
C.Final decision. The City Council may reject the claim, pay compensation, award transferable
development credits, issue a waiver or approve any combination of such remedies. The decision shall
otherwise be decided based on the same review criteria applicable to a decision issued by the City
Administrator under Section 18.110.030. The City Council may waive some regulations specified in
the claim and deny waiver of others. The City Council is not limited to those regulations listed in the
claim and may impose any conditions of approval that it deems reasonable and appropriate to protect
the public interest. Notice of the City Council’ s final decision shall be mailed to any person entitled to
notice of the hearing or that appeared orally or in writing at the public hearing.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.040Burden of proof and Record.
The claimant shall have the burden of proof on all matters under this Chapter. The claimant bears sole
responsibility for ensuring that the record before the City contains all information and evidence necessary
to support the claim. The claimant shall be precluded from submitting information or raising new issues in
any subsequent proceeding.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.045Effect of Waiver
A.A decision to waive a land use regulation shall in no way impact any obligation to demonstrate
compliance with any regulations not expressly provided for in the decision or to obtain any required
approvals or permits.
B.A use authorized by a waiver has the legal status of a lawful nonconforming use in the same manner as
provided under ORS 215.130. The claimant may carry out a use authorized by a public entity under
this section except that a public entity may waiveonly land use regulations that were enacted by the
public entity. When a use authorized by this section is lawfully established, the use may be continued
lawfully in the same manner as provided by ORS 215.130.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.050Procedural Error.
No procedural defect in processing a claim shall invalidate any proceeding or decision unless the party
alleging the error demonstrates prejudice to a substantial right. Inadvertent failure to provide notice or
complete notice shall not be grounds for invalidating a decision.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.060Recording.
The City shall record a memorandum of the final waiver in the deed records for Jackson County, Oregon.
(Ord 2948, amended, 02/19/2008)
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SECTION 18.110.065Reconsideration of Waiver.
The City Council or City Administrator may, at its sole discretion, reconsider a decision on a claim if it
appears that the decision is inconsistent with a subsequent court ruling; administrative rule or other change
in the law relative to Measure 49. The decision to reconsider may be made without notice or hearing; but,
the decision on reconsideration shall be made only after notice and opportunity to be heard consistent with
the requirements for claim review provided under this Chapter for City Administrator and City Council
review whichever is applicable. At the conclusion of the process, the City Council or City Administrator
may affirm, modify, or revoke the earlier decision. If the City Council modifies or revokes a decision that
resulted in payment of compensation, the City Council shall specify the amount due from the claimant and
the City may institute an action for recovery. If the City Council or City Administrator modifies or
revokes a decision to modify, remove, or not apply a land use regulation, it shall issue an order setting forth
such remedy as it deems appropriate to protect the public interest.
(Ord 2948, amended, 02/19/2008)
SECTION 18.110.070Appeals.
A.A person that is adversely affected bya final determination of under this Chapter may obtain judicial
review of that determination under ORS 34.010 to 34.100. A person is adversely affected if the person
is:
1.An owner of the property that is the subject of the final determination or;
2.Aperson who timely submitted written evidence, arguments or comments.
B.Judicial review of a decision under this Chapter is:
1.Limited to evidence in the record at the time of the final determination; and
2.Available only for issues raised with sufficient specificity to afford an opportunity to respond.
(Ord 2948, amended, 02/19/2008)
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CHAPTER 18.112
ENFORCEMENT
SECTIONs:
18.112.010Zoning permits.
18.112.020Maintenance of minimum requirements.
18.112.030Revocation-permit expiration
18.112.035Timetable Extension
18.112.040Revocation -conditions violated.
18.112.050Public hearing.
18.112.060Duties of Officer.
18.112.070Interpretation.
18.112.080Violations -nuisance
18.112.085Conditions of Approval.
18.112.090Penalties
18.112.100Complaints.
SECTION 18.112.010Zoning permits.
Zoning permits or approval shall be required for all buildings and structures, hereinafter erected,
constructed, altered, repaired, or moved within or into any district established by this Title, and for the use
of vacant land or for a change in the character of the use of land or buildings, within any district
established by this Title. Such permit may be a part of the building permit.
SECTION 18.112.020Maintenance of minimum requirements.
No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the
effective date of the ordinance codified herein shall be reduced in area, dimension, or size below the
minimum required herein, nor shall any lot area, yard, or other open space or off-street parking or loading
area which is required by this Title for one use be used as the lot area yard, or other open space of off-street
parking or loading are requirement for any other use. (Ord. 2052, 1979)
SECTION 18.112.030Revocation-permit expiration
Any zoning permit, or planning action granted in accordance with the terms of this Title shall be deemed
revoked if not used within one year from date of approval, unless another time period is specified in another
section of this Title. Said permit shall not be deemed used until the permittee has actually obtained a
building permit, and commenced construction thereunder, or has actually commenced the permitted use of
the premises. If an application for extension is deemed complete for processing prior to the timetable
expiration date, the permit or action shall not expire by operation of this section unless the application is
abandoned or not approved or denied within 90 days
(Ord 3005, amended, 03/02/2010; ORD 2951, amended, 07/01/2008)
SECTION 18.112.035Timetable Extension
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A.The Staff Advisor shall grant a timetable extension of any zoning permit or planning action
approval under demonstrated compliance with the following conditions:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the applicant was not
responsible prevented the applicant from completing the development within the original time
limitation.
3. Land Use Ordinance requirements applicable to the development have not changed since the
original approval. An extension may be granted, however, if requirements have changed and there
is no material effect upon the original approval, and the applicant agrees to comply with any new
requirements, as a condition of the extension.
B.Notwithstanding any other provision of this Chapter, any zoning permit or planning action
approval having received approval prior to July 1, 2009, and current as of January 1, 2010, shall be
granted an additional twelve (12) month extension of time, upon applicatoin to the Staff Advisor.
This extension is in addition to any other time extension previously granted or that may be granted.
The Staff Advisor shall make the timetable adjustment regardless of the orginial approval authority.
(Ord 3007, added, 03/02/2010; Ord 3005, added, 03/02/2010)
SECTION 18.112.040Revocation -conditions violated.
Any zoning permit, or planning action granted in accordance with the terms of this Title may be revoked if
any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated
in connection therewith.
(ORD 2951, amended, 07/01/2008)
SECTION 18.112.050Public hearing.
A.The Commission shall hold a hearing on any proposed revocation after giving written notice to the
permittee and owners within two hundred feet of subject property as provided in the Chapter on
Conditional Use Permits.
B.The Commission shall render its decision within thirty (30) days after the conclusion of the hearing.
C.In case the permittee is not satisfied with the action of the Commission, he/she may within fifteen (15)
days appeal in writing to the City Council.
D.The Council shall set a date for public hearing and shall give notice thereof in the manner provided in
the Chapter on Conditional Use Permits. Notice shall also be given to the Commission of such appeal,
and a report shall be submitted setting forth the reasons for the action taken by the Commission, or it
shallbe represented at the hearing.
E.The Council shall render its decision within sixty (60) days after the filing of such appeal. (Ord. 2052,
1979)
SECTION 18.112.060Duties of Officer.
All departments, officials, and employees of the City vested withthe duty or authority to issue permits
shall conform tot he provisions of this Title and shall issue no permit, certificate, or license for uses,
buildings or purpose in conflict with the provisions of this Title; and any provisions of this Title,
intentionally or otherwise, is null and void. It shall be the duty of the building official or staff advisor to
enforce the provisions of this Title pertaining to the erection, construction, reconstruction, moving,
conversion, alteration, or addition to anybuilding or structure and the use of any land, building, or
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premises. (Ord. 2097, 1980)
SECTION 18.112.070Interpretation.
The provisions of this Title shall be held to the minimum requirements fulfilling its objectives. Where
the conditions imposed by a provision of this Title are less restrictive than comparable conditions imposed
by any other provision of this Title or of any other ordinance, resolution or regulation, the provisions which
are more restrictive shall govern.
SECTION 18.112.080Violations -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, or
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 enjoinment 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 shallbe cumulative and not exclusive.
(Ord 3088, amended, 10/01/2013)
SECTION 18.112.085Conditions of Approval.
The Staff Advisor, the Planning Commission, the Hearings Board, or the City Council, when acting as the
hearing authority, may impose conditionsof approval on any planning action to modify that planning action
to comply with the criteria of approval or to comply with other applicable City ordinances. Such
conditions shall be binding on the approved planning action, and a violation of a conditionimposed by the
hearing authority shall be a violation of Title 18, and subject to all the penalties thereof. (Ord 2520, 1989).
SECTION 18.112.090Penalties
Any person, firm or corporation, whether as principal, agent employee, or otherwise, violating or causing
the violation of any of the provisions of this Title has committed a Class A violation offense, and upon
conviction thereof is punish-able as prescribed in Section 1.08.020 of the Ashland Municipal Code, subject
to the limitations of the Ashland City Charter. Such person, firm, or corporation is guilty of a separate
violation for each and every day during any portion of which any violation of this Title is committed or
continued by such person, firm or corporation.
(Ord 3005, Amended, 03/02/2010)
SECTION 18.112.100Complaints.
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Complaints concerning violations to this Title can be initiated only as provided in AMC Chapter 1.08.
(Ord 3005, amended, 03/02/2010)
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CHAPTER 18.114
CHAPTER REGULATORY TAKING CLAIMS-REPEALED ORDINANCE 2892
12/17/02
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