HomeMy WebLinkAbout3125 Airport Code Changes
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE
CHAPTER 18.3.7.030 AIRPORT OVERLAY REGULATIONS, CHAPTER
18.4.3.040 PARKING RATIOS, CHAPTER 18.5.1, TABLE 18.5.1.010,
SUMMARY OF APPROVALS BY TYPE OF REVIEW PROCEDURE,
CHAPTER 18.5.7.020.C, EXEMPT FROM TREE REMOVAL PERMIT
AND CHAPTER 18.6.1.030, DEFINITIONS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined thfoueh and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, 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, Chapter X - Transportation - of the City of Ashland Comprehensive Plan identifies
the Ashland Municipal Airport - Airport Layout Plan Update 2004-2025 as the guiding
document concerning airport development.
WHEREAS, a stated goal of the City of Ashland Comprehensive Plan is to provide efficient and
effective movement of goods, services and passengers by air rail, water, pipeline and highway
freight transportation while maintaining the high quality of life of Ashland.
WHEREAS, a stated policy of the Ashland Comprehensive Plan is encourage review of
development proposals within the Airport Overlay Zone to ensure compatibility with the
Ashland Municipal Airport.
WHEREAS, the City of Ashland Land Use Ordinance states that the Airport Overlay is intended
to be applied to properties that are 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.
Ordinance No. Page 1 of 6
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly
advertised public hearing on March 8, 2016, and following deliberations, recommended approval
of the amendments by a vote of 6-0; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on April 19, 2016; 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 health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 18.3.7.030, Airport Overlay Regulations section of the Ashland
Municipal Code, is hereby amended to read as follows:
18.3.7.030 Airport Overlay Regulations
A. Residential uses are not permitted, unless approved pursuant to chapter 18.5.4 Conditional
Use Permits.
B. Maximum height of struetures, trees or other air-spaee obstruetions shall be 20 feet.
The maximum height of structures, trees or other airspace obstructions shall comply
with the FAR 77 Height Restrictions, which limit height as a conic section in relation to
the runway and its approach as detailed in the adopted Ashland Municipal Airport
Master Plan's "Airspace Plan", and shall not exceed the height allowed in the
underlying zoning.
C. All planning actions will require, as a condition of 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.
D. Activities associated with tree trimming or removal are exempt from tree removal
permit requirements as provided in AMC 18.5.7.020.C.10. The City may top any tree that
is in excess of those maximum heights listed in section 18.3.7.030.B, or locate appropriate
lights or markers on those trees as a warning to the operators of aircraft.
E. 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
Ordinance No. Page 2 of 6
maneuvering of aircraft using the airport.
F. Construction or assembly of an aircraft hangar is exempt from Site Design Review
18.5.2.020, but requires approval of a Ministerial Action/Permit. The permit is to verify
that the proposed hangar is within a pre-deterinined location identified in the adopted
Ashland Municipal Airport Master Plan for conventional, executive or T-hangars, and
is constructed in compliance with Ashland Municipal Airport design and material
standards.
SECTION 3. Chapter 18.4.3.040, Parking Ratios section of the Ashland Municipal Code, is
hereby amended to read as follows:
Table 18.4.3.040 - Automobile Parkin Spaces b Use
Use Categories Minimum Parking per Land Use
(Based on Gross Floor Area; fractions are rounded to whole number.)
Institutional and Public
Categories
One space per hangar or one space per four aircraft occupying a
Aircraft Hangar - Ashland hangar, whichever is greater. Parking spaces shall be provided
Municipal Airport within the hangar or within designated vehicle parking areas
identified in the adopted Ashland Municipal Airport Master Plan
Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be
Houses; Rooming and equivalent to a guest room.
Boarding Houses;
Dormitories
Daycare 1 space per two employees; a minimum of 2 spaces is required.
Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses.
Miniature: 4 spaces per hole.
Hospital 2 space per patient bed.
Nursing and Convalescent 1 space per 3 patient beds.
Homes
Public Assembly 1 space per 4 seats
Religious Institutions and 1 space per 4 seats.
Houses of Worship
Rest Homes, Homes for the 1 space per 2 patient beds or 1 space per apartment unit.
Aged, or Assisted Living
Schools Elementary and Junior High: 1.5 spaces per classroom, or 1 space per 75
s q. ft. of public assembly area, whichever is greater
High Schools: 1.5 spaces per classroom, plus 1 space per 10 students
the school is designed to accommodate; or the requirements for public
assembly area, whichever is greater
Colleges, Universities and Trade Schools: 1.5 spaces per classroom, plus
1 space per five students the school is designed to accommodate, plus
re uirements for on-campus student housing.
SECTION 4. Table 18.5.1.010, Summary of Approvals by Type of Review Procedure in
Chapter 18.5.1 - General Review Procedures, section of the Ashland Municipal Code, is hereby
amended to read as follows:
Ordinance No. Page 3 of 6
Table 18.5.1.010 - Summary of Approvals by Type of Review Procedure
Planning Actions Review Applicable Regulations
Procedures
Access to a Street/Driveway Ministerial Chapter 18.4.3
Approach
Annexation Type III Chapter 18.5.8; See Oregon Revised Statute
222.
Aircraft Hangar with no Ministerial Chapter 18.3.7.030
associated commercial use
Aircraft Hangar in conjunction Type I or II Chapter 18.5.2
with another use
Ordinance Interpretation Type I or II Chapter 18.1.5
Ordinance Text Amendment Type III Chapter 18.5.9
Comprehensive Plan Amendment Type III Chapter 18.5.9
Conditional Use Permit Type I or II Chapter 18.5.4
Conversion of Multifamily Dwelling Ministerial Section 18.2.3.200
Units into For-Purchase Housing
Exception to Site Development and Type I Subsection 18.5.2.050.E
Design Standards
Exception to Street Standards Type I Subsection 18.4.6.020.B.1
Extension of Time Limit for Ministerial Section 18.1.6.040
Approved Planning Action
Fence Ministerial Section 18.4.4.060
Hillside Standards Exception Type I Subsection 18.3.10.090.H
Home Occupation Permit Ministerial Section 18.2.3.150
Land Use Control Maps Change Type II or III Chapter 18.5.9
Legal Lot Determination Ministerial Chapter 18.1.3
Modification to Approval Ministerial
Minor Modification Per original Chapter 18.5.6
Major Modification Review
Non-Conforming Use or Structure, Ministerial or Chapter 18.1.4
Expansion of Type I
Partition or Re-plat of 2-3 lots
Preliminary Plat Type I Chapter 18.5.3
Final Plat Ministerial Chapter 18.5.3
Minor Amendment Ministerial Subsection 18.5.3.020.G
Performance Standards Option
Outline Plan Type II Chapter 18.3.9
Final Plan Type I Chapter 18.3.9
Minor Amendment Ministerial Subsection 18.5.3.020.G
Physical and Environmental Type I Chapter 18.3.10
Constraints Permit
Ordinance No. Page 4 of 6
Table 18.5.1.010 - Summary of Approvals by Type of Review Procedure
Planning Actions Review Applicable Regulations
Procedures
Property Line Adjustments, Ministerial Chapter 18.5.3
including Lot Consolidations
Sign Permit Ministerial Chapter 18.4.7
Site Design Review Type I or II Chapter 18.5.2
Solar Setback Exception Type I Chapter 18.4.8
Subdivision or Replat of >3 lots
Preliminary Plat Type II Chapter 18.5.3
Final Plat Ministerial Chapter 18.5.3
Minor Amendment Ministerial Subsection 18.5.3.020.G
Tree Removal Permit Type I Chapter 18.5.7
Variance Type I or II Chapter 18.5.5
Water Resources Protection Zone - Type I Section 18.3.11.060
Limited Activities and Uses _
Water Resources Protection Zone Type I or II Section 18.3.11.070
Reduction _
Water Resources Protection Zone - Type 11 Section 18.3.11.080
Hardship Exception
Zoning District Map Change Type 11 or III Chapter 18.5.9
SECTION 5. Chapter 18.5.7.020.C, Exempt from Tree Removal Permit section of the Ashland
Municipal Code, is hereby amended to read as follows:
10. Those activities associated with tree trimming or removal at the Airport, within the
Airport (A) overlay zone for safety reasons, as mandated by the Federal Aviation
Administration. The Public Works Department shall provide an annual report to the
Tree Commission outlining tree trimming activities and reporting on tree trimming
activities that were carried out in the previous year.
SECTION 6. Chapter 18.6.1.030, Definitions section of the Ashland Municipal Code, is
hereby amended to read as follows:
Aircraft Hangar (includiniz Conventional, Executive and T-Hangar). A building structure
designed to hold aircraft and associated equipment and materials in protective storage,
generally built of metal, but other materials such as wood and concrete are also used.
SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code'", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Ordinance No. Page 5 of 6
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1-
2, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of *ktl , 2016,
and duly PASSED and ADOPTED this ,.3 day of 12016.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this / day of , 2016.
J ~Stromberg, Mayor
Reviewed as to form:
~J
David Lohman, City Attorney
Ordinance No. Page 6 of 6