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HomeMy WebLinkAbout3147 Cottage Housing ORDINANCE NO.3'~- AN ORDINANCE AMENDING CHAPTERS 18.2.2.030, 18.2.3.090, 18.2.5.030, 18.3.4.040, 18.3.5.0509 18.3.99 18.4.3.0409 18.4.8, AND 18.5.2.050 OF THE ASHLAND LAND USE ORDINANCE TO ESTABLISH STANDARDS FOR COTTAGE HOUSING DEVELOPMENTS WITHIN R-1-5, R-1-7.5, NN-1-5, NM-R-1-5, AND NM-R-1-7.5 SINGLE FAMILY RESIDENTIAL ZONES Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thr-ou and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City of Ashland reaffirmed the long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process; and WHEREAS, the City of Ashland seeks to balance projected population growth with the community goal of preventing sprawling development, and to this end examines opportunities to use land more efficiently for housing; and WHEREAS, the City Council has determined that the establishment of rules and regulations to incentivize the development of small cottage housing units within residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has determined that this Ordinance provides adequate development standards to ensure cottage housing developments are compatible with single family neighborhoods; and WHEREAS, the Planning Commission of the City of Ashland conducted on September 26, 2017 a duly advertised public hearing on amendments to the Ashland Municipal Code and Land Use Ordinances concerning cottage housing development standards; and Ordinance No. Page 1 of 24 WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance, Table 18.2.2.030.B [Residential Uses] is hereby amended as follows: Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 & E- M- Special Use 3.5 C-1-D 1 1 Standards B. Residential Uses' See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C- Single-Family P P P P P P S S N 1 zone and E-1 zone Dwelling Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory S S S S S N N N N Sec. 18.2.3.040 Residential Unit Sec. 18.2.3.110 Duplex Dwelling S P P P N N S S N Duplex Dwelling Manufactured Sec. 18.2.3.170 and Home on Individual S S S S N N N N N not allowed in Historic Lot District Overlay Manufactured Housing N S +S N N N N N N Sec. 18.2.3.180 Development Sec. 18.2.3.130 for C- 1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 2 of 24 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR VVR C-1 & E- M- Special Use 3.5 C-1-D 1 1 Standards District Overlay.. see Sec. 18 2.3 120 and 18 5 Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cottage Housing Rental Dwelling Unit Conversion to N, N S S N N N N N Sec. 18.2.3.200 For-Purchase Housing Home Oc.. `ion S S S S S S S iJ Seo 13 2 3 15- SECTION 2. Chapter 18.2.3.090 [Cottage Housing] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.3.090 Cottage Housing A. Purpose and Intent. The purpose and intent of this chapter is to encourage innovative site planning and variety in housing while ensuring compatibility with established neighborhoods, and to provide opportunities for ownership of small detached single family dwellings for a population diverse in age, income, and household size. Where cottage housing developments are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all of the following requirements. B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to the approval criteria under section 18.5.2.050.E Exception to the Site Development and Design Standards. C. Development Standards Cottage housing developments shall meet all of the following requirements. 1. Cottage Housing Density the permitted number of units and minimum lot areas shall be as follows: Table 18.2.3.090.C.1 Cottage Housinq Development Density Minimum Maximum Minimum lot Maximum number of number of size Maximum Floor cottages per cottages per (accommodates Zones Cottage Area Density cottage cottage minimum Ratio housing housing number of 'FAR) development development cottages) 1 cottage R-1-5, dwelling unit NN-1-5 per 2,500 3 12 7,500 sq.ft. 0.35 NM-R-1-5 square feet of lot area Ordinance No. Page 3 of 24 I cottage R-1-7.5 dwelling unit NWR44.5 per 3,750 3 12 11.250sg.ft. 0.35 square feet of lot area 2. Building and Site Design. a. Maximum Floor Area Ratio: The combined gross floor area of all cottages and garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking carports, green houses, and common accessory structures are exempt from the maximum floor area calculation. b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages, within developments of four units or greater, shall be 800 square feet or less per unit. At least two of the cottages within three unit cottage housing developments shall have a gross habitable floor area of 800 square feet or less. The gross habitable floor area for any individual cottage unit shall not exceed 1000 square feet. c. Height. Building height of all structures shall not exceed 18 feet. The ridge of a pitched roof may extend up to 25 feet above grade. d. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone-outlined in Table 18.2.5.030.A. e. Building Separation. A cottage development may include two-unit attached, as well as detached, cottages. With the exception of attached units, a minimum separation of six feet measured from the nearest point of the exterior walls is required between cottage housing units. Accessory buildings (e.g., carport, garage, shed, multipurpose room) shall comply with building code requirements for separation from non-residential structures. f. Fences. Notwithstanding the provisions of section 18.4.4.060, fence height is limited to four feet on interior areas adjacent to open space except as allowed for deer fencinq in subsection 18.4.4.060.B.6. Fences in the front and side yards abutting a public street, and on the perimeter of the development shall meet the fence standards of section 18.4.4.060. 3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site Development and Site Design Standards, cottage housing developments are subject to the following requirements: a. Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate and construct a public street as required in 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standards by providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. Ordinance No. Page 4 of 24 b. Driveways and parking areas. Driveway and parking areas shall meet the vehicle area design standards of section 18.4.3. L Parking shall meet the minimum parking ratios per 18.4.3.040. ii. Parking shall be consolidated to minimize the number of parking areas, and shall be located on the cottage housing development property. iii. Off-street parking can be located within an accessory structure such as a multi-auto carport or garage, but such multi-auto structures shall not be attached to individual cottages. Single-car garages and carports may be attached to individual cottages. Uncovered parking is also permitted provided that off street parking is screened in accordance with the applicable landscape and screening standards of chapter 18.4.4. 4. Open Space. Open space shall meet all of the following standards. a. A minimum of 20 percent of the total lot area is required as open space. b. Open space(s) shall have no dimension that is less than 20 feet unless otherwise granted an exception by the hearing authority. Connections between separated open spaces, not meeting this dimensional requirement, shall not contribute toward meeting the minimum open space area. c. Shall consist of a central space, or series of interconnected spaces. d. Physically constrained areas such as wetlands or steep slopes cannot be counted towards the open space requirement. e. At least 50 percent of the cottage units shall abut an open space. f. The open space shall be distinguished from the private outdoor areas with a walkway, fencing, landscaping, berm, or similar method to provide a visual boundary around the perimeter of the common area. g. Parking areas and driveways do not qualify as open space. grouped parking Existing House unit 0 unit 1 commo on 5 w 1 - building > ~ 1 1 2 W open space IV ro !N D tp m r~ 10 ('.11111 3, unit 2 unit 3 l den 9 " 5 6 ea 7 8 Figure 18.2.3.090 Cottage Housing Conceptual Site Plans Ordinance No. Page 5 of 24 S. Private Outdoor Area. Each residential unit in a cottage housing development shall have a private outdoor area. Private outdoor areas shall be separate from the open space to create a sense of separate ownership. a. Each cottage unit shall be provided with a minimum of 200 square feet of usable private outdoor area. Private outdoor areas may include gardening areas, patios, or porches. b. No dimension of the private outdoor area shall be less than 8 feet. 6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units. a. Common Buildings. Up to 25 percent of the required common open space, but no -greater than 1,500 square feet, may be utilized as a community building for the sole use of the cottage housing residents. Common buildinas shall not be attached to cottages. b. Carports and garage structures. Consolidated carports or garage structures, provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. c. Nonconforming Dwelling Units. An existing single-family residential structure built prior to the effective date of this ordinance (date), which may be nonconforming with respect to the standards of this chapter, shall be permitted to remain Existing nonconforming dwelling units shall be included in the maximum permitted cottage density. 1,000 square feet of the habitable floor area of such nonconforming dwellings shall be included in the maximum floor area permitted per 18.2.3.090C.2.a. Existing gara-ges, other existing non habitable floor area, and the nonconforming dwelling's habitable floor area in excess of 1,000 square feet shall not be included in the maximum floor area ratio. d. Accessory Residential Units. New accessory residential units (ARUs) are not permitted in cottage housing developments, except that an existina ARU that is accessory to an existing nonconforming single-family structure may be counted as a cottage unit if the property is developed subject to the provisions of this chapter. 7. Storm Water and Low-Impact Development. a. Developments shall include open space and landscaped features as a component of the project's storm water low impact development techniques including natural filtration and on-site infiltration of storm water. b. Low impact development techniques for storm water management shall be used wherever possible. Such techniques may include the use of porous solid surfaces in parking areas and walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. c. Cottages shall be located to maximize the infiltration of storm water run-off. In Ordinance No. Page 6 of 24 this zone, cottages shall be grouped and parking areas shall be located to preserve as much contiguous, permanently undeveloped open space and native vegetation as reasonably possible when considering all standards in this chapter. 8. Restrictions. a. The size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the property notifying future property owners of the size restriction. SECTION 3. Chapter 18.2.5.030 [Unified Standards for Residential Zones] of the Ashland Land Use Ordinance, Table 18.2.5.030.A [Standards for Urban Residential Zones] is hereby amended as follows: 18.2.5.030 Unified Standards for Residential Zones A. Standards for Urban Residential Zones. Table 18.2.5.030.A contains standards for the R- 1, R-1-3.5, R-2, and R-3 zones. Standards for the RR and WR zones are contained in subsections 18.2.5.030.13 and 18.2.5.030.C. Table 18.2.5.030.A - Standards for Urban Residential Zones2 (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) Standard R 1 R-2 R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 Lot Coverage - Maximum10•L? 40% 45% 50% 55% 65% 75% of lot area) 10A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous solid surface exemption does not apply to driveways and parking areas. "Within Cottage Housinq Developments up to 10% of the permitted lot coverage may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum. SECTION 4. Chapter 18.3.4.040 [Normal Neighborhood District; Use Regulations] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.4.040 Use Regulations Ordinance No. Page 7 of 24 A. Plan overlay zones. There are four Land Use Designation Overlays zones within the Normal Neighborhood Plan are intended to accommodate a variety of housing opportunities, preserve natural areas and provide open space. 1. Plan NN-1-5 zone The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed, in addition to the detached single dwelling. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 2. Plan NN-1-3.5 zone. The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed including multiple compact attached and/or detached dwellings. Dwellings may be grouped around common open space promoting a scale and character compatible with single family homes. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 3. Plan NN-1-3.5-C zone. The use regulations and development standards are intended to provide housing opportunities for individual households through development of multiple compact attached and/or detached dwellings with the added allowance for neighborhood-serving commercial mixed-uses so that many of the activities of daily living can occur within the Normal Neighborhood. The public streets within the vicinity of the NN-1-3.5-C overlay are to provide sufficient on-street parking to accommodate ground floor neighborhood business uses. 4. Plan NN-2 zone. The use regulations and development standards are intended to create and maintain a range of housing choices, including multi-family housing within the context of the residential character of the Normal-Neighborhood Plan. B. Normal Neighborhood Plan Residential Building Types. The development standards for the Normal Neighborhood Plan will preserve neighborhood character by incorporating four distinct land use overlay areas with different concentrations of varying housing types. 1. Single Dwelling Residential Unit. A Single Dwelling Residential Unit is a detached residential building that contains a single dwelling with self-contained living facilities on one lot. It is separated from adjacent dwellings by private open space in the form of side yards and backyards, and set back from the public street or common green by a front yard. Auto parking is generally on the same lot in a garage, carport, or uncovered area. The garage may be detached or attached to the dwelling structure. 2. Accessory Residential Unit. Ordinance No. Page 8 of 24 An Accessory Residential Unit is a secondary dwelling unit on a lot, either attached to the single-family dwelling or in a detached building located on the same lot with a single- family dwelling, and having an independent means of entry. 3. Double Dwelling Residential Unit (Duplex). A Double Dwelling Residential Unit is a residential building that contains two dwellings located on a single lot, each with self-contained living facilities. Double Dwelling Residential Units must share a common wall or a common floor/ ceiling and are similar to a Single Dwelling Unit in appearance, height, massing and lot placement. 4. Attached Residential Unit. (Townhome, Row house) An Attached Residential Unit is single dwelling located on an individual lot which is attached along one or both sidewalls to an adjacent dwelling unit. Private open space may take the form of front yards, backyards, or upper level terraces. The dwelling unit may be set back from the public street or common green by a front yard. 5. Clustered Residential Units - Pedestrian-Oriented. Pedestrian-Oriented Clustered Residential Units are multiple dwellings grouped around common open space that promote a scale and character compatible with single family homes. Units are typically arranged around a central common green under communal ownership. Auto parking is generally grouped in a shared surface area or areas. 6. Multiple Dwelling Residential Unit. Multiple Dwelling Residential Units are multiple dwellings that occupy a single building or multiple buildings on a single lot. Dwellings may take the form of condominiums or apartments. Auto parking is generally provided in a shared parking area or structured parking facility. 7. Cottage Housing. Rese :moo Cottage Housing Units are small dwellings in developments approved in accordance with the standards in 18.2.3.090. C. General Use Regulations. Uses and their accessory uses are permitted, special permitted or conditional uses in the Normal Neighborhood Plan area as listed in the Land Use Table. Table 18.3.4.040 Land Use NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 Descriptions Single family Suburban Suburban Multi-family Residential Residential Residential Low Density with Residential commercial Residential Uses Single Dwelling Residential Unit P P N N (Single-Family Dwelling) Ordinance No. Page 9 of 24 Accessory Residential Unit P P P N Double Dwelling Residential Unit N P P P (Duplex Dwelling) Cottage Housing subject to the requirements of S N N N 18.2.3.090 Clustered Residential Units N P P P Attached Residential Unit N P P P Multiple Dwelling Residential Unit N P P P (Multi family Dwelling) Manufactured Home on Individual Lot P P P P Manufactured Housing Development N P P P Neighborhood Business and Service Uses Home Occupation P P P P Retail Sales and Services, with each building limited to 3,500 square feet of N N P N Professional and Medical Offices, with each building limited to 3,500 square N N P N feet of gross floor area Light manufacturing or assembly of items occupying six hundred (600) N N P N square feet or less, and contiguous to the permitted retail use. Restaurants N N P N Day Care Center N N P N Assisted Living Facilities N C C C Public and Institutional Uses Religious Institutions and C C C C Houses of Worship Public Buildings P P P P Community Gardens P P P P Open space and Recreational P P P P Facilities P = Permitted Use; CU = Conditional Use Permit Required; N = Not Allowed 1. Permitted Uses. Uses listed as "Permitted (P)" are allowed. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of Part 18.5. See section 18.5.1.020 Determination of Review Procedure. Ordinance No. Page 10 of 24 2. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits. 3. Prohibited Uses. Uses not listed in the Land Use Table, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited. SECTION 5. Chapter 18.3.5.050 [North Mountain Neighborhood District; Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. B Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone' North Mountain Neighborhood Zonesa NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units S S N P N Cottage Housing S S N N N Hdme Occupations P P P P N Agricultural Uses, except Keeping of P P P P S Livestock Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses a Key: P =Permitted Uses; S = Permitted with Special Use Standards; CU =Conditional Use Permit Required; N =Not Allowed. < Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. Ordinance No. Page 11 of 24 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone3 North Mountain Neighborhood Zones' NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of N N N S N Worship Utility and Service Building, Public and Quasi-Public, excluding outdoor N N N S N storage and electrical substations B. Commercial Neighborhood Clinics N N N S N Neighborhood Oriented Retail Sales, N N N S N Services, and Restaurants Offices, Professional N N N S N Temporary uses N N N CU N C. Industrial Manufacturing, Light N N N. S N D. Special Use Standards. The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.5.050, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot, and the maximum number of dwelling units must not exceed two per lot. c. The proposal must comply with the lot coverage and setback requirements of the underlying zone. d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. In the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Marijuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A. 5. Community Services. Ordinance No. Page 12 of 24 a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet of gross floor area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Manufacturing. Light. a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 7. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Neighborhood Oriented Retail Sales Services, and Restaurants. Each building may be up to a maximum of 3,500 square feet of gross floor area. 9. Offices. Professional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 10. Religious Institution Houses of Worship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 11. Utility and Service Building Public and Quasi-Public. Each building may be up to a maximum of 3,500 square feet of gross floor area 12: Cottage Housinq. Subject to the standards in section 18.2.3.090. SECTION 6. Chapter 18.3.9 [Performance Standards Option and PSO Overlay], sub-sections 18.3.9.030 [PSO-Overlay], 18.3.9.050 [Performance Standards for Residential Developments], 18.3.9.060 [Parking Standards], and 18.3.9.070 [Setbacks] of the Ashland Land Use Ordinance are hereby amended as follows: 18.3.9.030 PSO-Overlay A. Purpose. The purpose of the PSO overlay is to distinguish between those areas that have been largely developed under the subdivision code, and those areas, which, due to the undeveloped nature of the property, sloping topography, or the existence of vegetation or natural hazards, are more suitable for development under Performance Standards. B. Applicability. This chapter applies to properties located in the Performance Standards Option Overlay (PSO) as depicted on the Zoning Map. All developments in the PSO overlay, other than partitions and development of individual dwelling units, shall be processed under this chapter. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoning districts is three. C. Permitted Uses. In a PSO overlay, the granting of the application shall be considered an outright permitted use, subject to review by the Planning Commission for compliance with the standards set forth in this ordinance and the guidelines adopted by the City Council. Ordinance No. Page 13 of 24 D. Development Outside PSO-overlay. If a parcel is not in a PSO overlay, 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. 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. 3. The property is zoned R-2, R-3 or CM. 4. The property is developed as a cottage housing development consistent with the standards in section 18.2.3.090 18.3.9.040 [unchanged] 18.3.9.050 Performance Standards for Residential Developments A. Base Densities. 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. 1. The base density, for purposes of determining density bonuses allowed under this section, for developments other than cottage housing, is as provided in Table 18.3.9.050. Table 18.3.9.050.A.1. Base Densities for Determining Allowable Density Bonus with Performance Standards Option Zone Allowable Density (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 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 7.2 du/acre R-2 13.5 du/acre R-3 20 du/acre Ordinance No. Page 14 of 24 2. The base density for cottage housing developments, for purposes of determining density bonuses, allowed under this section is as provided in Table 18.3.9.050.A.2 Table 18.3.9!050.A.2 Base Densities for Determining Allowable Density Bonus with Performance Standards O tion Minimum Maximum Minimum lot number of number of size Maximum Maximum cottages per cottages per (accommodates Zones Cottage cottage cottage minimum Floor Area Density housing housing number of Ratio (FAR) development develo ment cottages) 1 cottage dwelling unit NN-1-5 per 2,500 3 12 7.500 sq.ft. 0.35 NM-R-5 square feet of lot area 1 cottage R-1-7.5 dwelling unit NM-R-1-7.5 per 3,750 3 12 11,250 sq.ft. 0.35 square feet of lot area 3. Open Space Required. All developments with a base density of ten units or greater shall be required to provide a minimum of five percent of the total lot area in Open Space; that area is not subject to bonus point calculations, however, density bonuses shall be awarded to open space areas in excess of the five percent required by this subsection. B. Density Bonus Point Calculations. 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. The maximum density bonus permitted shall be 60 percent (base density x 1.6), pursuant to the following criteria. 1. Conservation Housing. A maximum 15 percent bonus is allowed. One-hundred percent 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. 2. Provision of Common Open Space. A maximum ten percent bonus is allowed, pursuant to the following. a. Purpose. 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 open space may be counted for base density, unless otherwise excluded by subsection 18.3.9.050.A.2. 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 Ordinance No. Page 15 of 24 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 that have no realistic use by project residents on a day-to-day basis. Open space provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, is not eligible for densitV bonus points. b. Standard. Developments with fewer than ten units that provide more than two percent of the project area for common open space, or for developments of ten units or greater that provide more than five percent open space, a one percent bonus shall be awarded for each one percent of the total project area in common open space. 3. Provision of Maior Recreational Facilities. A maximum ten percent bonus is allowed, pursuant to the following. a. Purpose. Points may be awarded for the provision of major recreational facilities such as tennis courts, swimming pools, playgrounds, or similar facilities. b. Standard. For each percent of total project cost devoted to recreational facilities, a six percent density bonus may be awarded up to a maximum of ten percent 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. A qualified architect or engineer shall prepare the cost of the recreational facility using current costs of recreational facilities. , c. Maior recreational facilities provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, are not eligible for density bonus points. 4. Affordable Housing. A maximum bonus of 35 percent is allowed. Developments shall receive a density bonus of two units for each affordable housing unit provided. Affordable housing bonus shall be for residential units that are guaranteed affordable in accordance with the standards of section 18.2.5.050 Affordable Housing Standards. 18.3.9.060 Parking Standards All development under this chapter shall conform to the following parking standards, which are in addition to the requirements of chapter 18.4.3 Parking, Access, and Circulation. A. On-Street Parking Required. At least one on-street parking space per dwelling unit shall be provided, in addition to the off-street parking requirements for all developments in an R-1 zone, with the exception of cottage housing developments, and for all developments in R-2 and R-3 zones that create or improve public streets. 8. On-Street Parking Standards. 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 that it is intended to serve. In addition, on-street public parking may be provided pursuant to minimum criteria established under subsection 18.4.3.060.A. C. Signing of Streets. 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 Ordinance No. Page 16 of 24 consistent with the Street Standards in 18.4.6.030, and shall be consistent with the respective City planning approval. 18.3.9.070 Setbacks All development under this chapter shall conform to the following setback standards, which are in addition to the requirements of the applicable zone. A. Front Yard Setback. Front yard setbacks shall follow the requirements of the underlying district. B. Building Separation. The minimum separation between two buildings must be half of the height of the tallest building, where building height is measured at the two closest exterior walls, and the maximum required separation is 12 feet. See Figure 18.3.9.070.13 For cottage housing developments, the minimum separation between two buildings shall be reduced to six feet in accordance with section 18.2.3.090. See also, definitions of height of building or structure...,, and grade or ground level in part 18.6. This standard does not apply to non-residential zoning districts including C-1, C-1-D, E-1, CM, and M-1. 11~m m h ~a n > h/2-~ Note: Maximum required building separation is 12 feet. Figure 18.3.9.070.B Building Separation C. Solar Setback. Solar setbacks shall meet the requirements of 18.4.8. D. Perimeter Setback. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. E. Building Envelope for Single-Family Structure. Any single-family structure not shown on the plan must meet the setback requirements established in the building envelope on the Outline Plan. SECTION 7. Chapter 18.4.3 [Parking, Access and Circulation] of the Ashland Land Use Ordinance, Table 18.4.3.040 [Parking Ratios; Automobile Parking Spaces by Use] is hereby amended as follows: 18.4.3.040 Parking Ratios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. Ordinance No. Page 17 of 24 l Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories 2 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. Single Family Dwelling 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. 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. Multifamily d. 3-bedroom or greater units 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater One space per unit. a. Units less than 800 sq. ft. 1 space/unit. b. Units greater than 800 square feet and less than 1000 square feet 1.5 spaces/unit. Cottage Housing c. Units greater than 1000 square feet 2.00 spaces/unit. d. Retirement complexes for seniors 55-years or greater One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Single Manufactured Housing Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Performance Standards See chapter 18.3.9. Developments SECTION 8. Chapter 18.4.8 [Solar Access], sub-sections 18.4.8.020 [Applicability] and 18.4.8.030 [Solar Setbacks], of the Ashland Land Use Ordinance, are hereby amended as follows 18.4.8.020 Applicability A. Lot Classifications. All lots shall meet the provisions of this section and will be classified according to the following formulas and table. 1. Standard A Lots. Lots with a north-south lot dimension exceeding that calculated by Formula I and zoned for residential uses shall be required to meet setback standard A in 18.4.8.030.A. See definition of north-south lot dimension in part 18.6. Ordinance No. Page 18 of 24 Minimum N/S lot dimension for Formula 1 = 30' 0.445+S Where: S is the decimal value of slope, as defined in part 18.6. 2. Standard B Lots. Those lots with a north-south lot dimension that is less than that calculated by Formula I but greater than that calculated by Formula II, any lot zoned C-1, E-1, or M-1 and not exempt by 18.4.8.020.13, or an lot not abutting a residential zone to the north, shall be required to meet setback standard B in 18.4.8.030.B. See definition of north-south lot dimension in part 18.6. Minimum N/S lot dimension for Formula II = 10' 0.445+S 3. Standard C Lots. Those lots with a north-south lot dimension that is less than that calculated by Formula II shall be required to meet setback standard C in 18.4.8.030.C. See definition of north-south lot dimension in part 18.6. Table 18.4.8.020.A: Lot Classification Standards Slope -.30 -.25 -.20 -.15 -.10 -.05 0.0 .05 .10 .15 .20 STD A 207 154 122 102 87 76 67 61 55 50 46 I STD B 1 69 51 41 34 29 25 22 20 18 17 15 - - 1----' - -1- - _ B. Exemptions. 1. Architectural Projections. Rooftop architectural features a maximum of four feet in width, such as chimneys and vent pipes, and light poles and flag poles shall be exempt from the setback standards in section 18.4.8.030. 2. Steep Slopes. Any lot with a slope of greater than 30 percent in a northerly direction, as defined by this ordinance, shall be exempt from the setback standards in section 18.4.8.030. 3. Zones. Any lot in the C-1-D, CM, and NM-C zones, and properties in the C-1 zone not abutting a residential zone, shall be exempt from the setback standards in section 18.4.8.030. 4. 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 exemption does not apply to shade caused by vegetation. a. Actual Shadow Height. If the applicant demonstrates that the actual shadow that would be cast by the proposed structure at noon on December 21 is no higher than that allowed for that lot by the provisions of this section, the structure shall be Ordinance No. Page 19 of 24 approved. Refer to Table 18.4.8.020.B.4.a, below, for actual shadow lengths. Table 18.4.8.020.B.4.a: Actual Shadow Length (at solar noon on December 21st) Height in feet Slope 11 -0.30 -0.25 -0.20 -0.15 -0.10 -0.05 0.00 0.05 0.10 0.15 8 55 41 33 27 23 20 18 16 15 13 10 " 69 51 41 34 29 25 22 20 18 17 12 83 l 61 49 41 35 30 27 j 24 t 22 20 14 96 72 57 47 41 35 31 28 26 24 31 - 16 110 82 1_65 54 46 40 36 X32 29 27 ~ 18 124 92 73 61 52 46 40 36 33 30 - 20 " 138 102 , 82 68 =58 - 51 45 40 37 34 22 " 151 113 90 75 64 56 49 44 40 37 24 " 165 123 98 C81 70 61 54 48 44 40 26 * 179 133 106 88 75 _ 66 58 53 48 44 28 ` 193 1143 114 95 81 71 63 57 51 47 30 " 207 154 122 102 87 76_ 67 - 61 - 55 50 32 220 164 130 108 93 81 72 65 59 54 - - 34 234 174 139 115 98 86 76 69 62 57 36 " 248 184 147 122 104 91 81 73 66 60 38 262 195 155 129 110 96 85 77 70 - - 64 71- - 40 * 275 205 163 135 116 101 90 81 73 67 5. Structures within Cottage Housing Developments meeting the standards in 18.2.3.090, that cast their shadows entirely within the parent parcel of the Cottage Housing Development, shall be exempt from the setback standards in 18.4.8.030 provided they do not cast a shadow upon the roof of a dwelling within the cottage housing development. C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. 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 containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. 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 Ordinance No. Page 20 of 24 the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. 18.4.8.030 Solar Setbacks A. Setback Standard A. This setback is designed to ensure that shadows are no greater than six feet at the north property line. Buildings on lots which are classified as standard A, pursuant to 18.4.8.020.A.1, 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. See definition of northern property line in part 18.6. H = the height in feet of the highest shade producing point of the structure which casts the longest shadow beyond the northern property line. See definition of highest shade producing point in part 18.6. S = the slope of the lot, as defined in this chapter. Table 18.4.8.030.A: Setback Standard "A" Slope Height in feet - 0:15 0.30 -0.25 -_0.20 -0.15 -0.10 -0.0_5 -0.00 0.05 0-10 8 14 10 8 7 -6-7-5 4 4 4 3 10 28 20 616 4-14 2-12 910 9 8 7 7 _ 12 41 31 24 20 17 15 13 2412 11 10 14 55 41 33 27 23 20 i18 16 15 13 16 69 51 41 34 29 -25 22 20 - 18 17 -11111-1-11 11, 11 18 83 61 49 41 35 .30 27_ 24 22-------20 ~ - - 20 96 72 57 47 T 41 35 31 28 26 24 - - - - 22 110 82 65 54 46 40 36 32 29 27 24124 92 73 61 52 46 40 36 33 30 26 138 102 82 68 w 58 51 45 40 37 3 28 151 113 90 75 64 56 49 44 40 X37 - 30 165 123 98 81 70 61 54 48 44 40 Ordinance No. Page 21 of 24 Table 18.4.8.030.A: Setback Standard "A" Slope _ Height in feet - - - - - 0.30 0.25 -0.20 -0-15 0 10 -0.0.5 -0.00 0.05 0.10 0.15 _ 32 * 179 133 106 88 75 66 58 53 48 44 34 * 193 143 114 95 81 71 63 57 51 4736 * 207 154 122 102 87 76 67 61 55 50 38 * 220 164 130 108 93 81 72 65 59 54 40 * 234 174 139 1115 98 86 76 69 62 57 B. Setback Standard B. This setback is designed to ensure that shadows are no greater than 16 feet at the north property line. Buildings for lots which are classified as standard B, pursuant to 18.4.8.020.A.2, shall be set back from the northern lot line as set forth in the following formula. SSB= H-16' 0.445+S Table 18.4.8.030.8: Setback Standard "B" Height in feet - Slope _ X0.30 -0.25 11 -0 20 0.15 0 10 0.05 0.00 0.05 _ _ 0 10 _0.15 8 0 0 0 - L_ 0---.--- - 0--- 0 0 0 10 i 0 0 0 0 : 0 0 0 0 0 . 0- 0 ~ 12 * 0 n 0 1 0---1 E 0 0 fi 0 0 - - 0 14 * 0 0 0 0 0 0 0 0-__.__~ _ P._0 * 0 0 0 0 0 0 16 0 0 0 0 18 14 10 ~8 7 8 5 j4 4 '4 3 * 20 1 16 12 1 10 1 9 8 7 7 28 20 14 10 22 * 41 _ 31 24 T20 17 15 13 12 11 - - - - - 15 13 24 * 55 41 33 27 23 20 18 16 26 * -69 51 54 34 61 3 --2925 22 83 0 27 24 22 49 41 35 _20 28 * _ 30 * 96 72 57 47 41 35 31 T28 1 L26 24 32 * 110 82 65 54 46 40 36 35 29 27 - - 34 * 124 92 73 61 52 46 40 36 33 30 - 36 * 138 102 82 68 58 51 45 40 37 34 - - - 38 * 151 113 1 90 75 64 56 49 44 40 37 - - - 40 * 165 123 98 81 70 61 54 48 44 40 C. Setback Standard C. This setback is designed to ensure that shadows are no greater than 21 feet at the north property line. Buildings on lots which are classified as standard C, pursuant to 18.4.8.020.A.3, shall be set back from the northern lot line according to the following formula. SSB = H - 21' 0.445+S Table 18.4.8.030.C: Setback Standard "C" Height in feet Slope 0.10 0.15 0.30 -0.25 -0.20 -0.15 -0.10 405 0--.0-0--l-0-1-0-5-7- 8* 0 0 011, 0 0 0 0 0 0 Ordinance No. Page 22 of 24 Table 18.4.8.030.C: Setback Standard "C" - - - - - - - Height in feet Slope 0.30 -0.25 ? -0 20 j 0.15 0.10 -0.05 0.00 0.05 0 10 0 15- 10 0 0 L0 0 0 0 0_0 0 0 0 0 0 0 0 00 12 0 0 0 - 14 0 0 0 0 3 0 0~ 0 0 0 - - - 16 0 0 00 0 0 0 0 0 0 0 0 0 18 i~ _ 0 0 0 20 0 0 0 _0 0 0 0 0 0 0 0 ;0 (0 0 - - 22 7 5 43 3 2 2 2 2 24* 21 15 12 10 9 8 7 6 6 6 - - - 26 * 34 26 20 17 1 14 13 11 10 9 8 k 28 * 48 36 29 24 20 18 16 14 13 12 - - 30 * 62 46 37 30 26 23 20 18 17 15 56 45 1 37 32 28 25 22 ~ 20 18 32 * 76 * ~44 38 33 29 26 24 22 34 90 67 53 36 * 103 77 61 51 43 38 34 30 128 25. 38 * 117 87 3 69 58 49 43 38 34 31 29 40 * 131 97 77 64 55 48 43 38 35 32 SECTION 9. Chapter 18.5.2 [Site Design Review], sub-section 18.5.2.050.E [Approval Criteria; Exceptions to the Site Development and Design Standards], of the Ashland Land Use Ordinance, is hereby amended as follows: 18.5.2.050. E E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1,2, or 3, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design 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 Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of 18.2.3.090. SECTION 10. Savinjzs. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing i Ordinance No. Page 23 of 24 situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 11. 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 12. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 10-12) 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 71h day of November, 2017, and duly PASSED and ADOPTED this 21St day of November, 2017. Melissa Huhtala, City Recorder SIGNED and APPROVED this ZIS<day of ll~o~-c...~rt/, 2017. VQS:t7r44rnberg, Mayor Revie as to form- J avid H. Lohman, City Attorney Ordinance No. Page 24 of 24