HomeMy WebLinkAbout2998 Amending 18.62, 18.108 Adding 18.63
ORDINANCE NO. .;1Cj qg-
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
PHYSICAL & ENVIRONMENTAL CONSTRAINTS CHAPTER (AMC 18.62) AND
PROCEDURES CHAPTER (AMC 18.108), CONCERNING CONSISTENCY WITH
NEW CHAPTER AMC 18.63, WATER RESOURCE PROTECTION ZONES, AND
RESERVATION OF REGULATIONS FOR PURPOSES OF CLAIMS.
Annotated to show dolotiom: and additions to the code sections being modified.
Deletions are bold" -' .... -... and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv 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. Citv of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton ShOD 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on November 6, 2008 and following deliberations recommended approval of the
amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 21, 2009, and on several
additional public hearing continuance dates; and
f
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 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.
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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 18.62 (section index) of the Ashland Municipal Code
[PHYSICAL & ENVIRONMENTAL CONSTRAINTS] is hereby amended to read as
follows:
SECTIONS:
18.62.010
18,62.020
18.62.030
18.62.040
18.62.050
18.62.060
18.62.070
18.62.075
18.62.080
18.62.090
18.62.100
18.62.110
18.62.130
Chapter 18.62
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
Purpose and Intent.
Regulations Where Reaulations Applv.
Definitions.
Approval and Permit Required.
Land Classifications.
Official Maps. .
Development Standards for Flood plain Corridor Lands.
Development Standards for Riparian Preservation Lands.
Development Standards for Hillside Lands.
Development Standards for Wildfire Lands.
Development Standards for Severe Constraint Lands.
Density Transfer.
Penalties.
SECTION 3. Section 18.62.020 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Regulations] is hereby amended to read as
follows:
SECTION 18.62.020 Where Reaulations APDlv Regulations.
The type of regulation applicable to !he land depends upon the classification in which the
land is placed, as provided in Section 18.62.050. If those regulations conflict with
other regulations of the City of Ashland's Municipal Code, the more stringent of
the m'o regulations shall govern. Where this ChaDter and anv other ordinance.
easement. covenant or deed restriction conflict or overlaD. whichever imDoses the
more strinaent restrictions shall prevail. It is Iikelv that there will be some overlap
between the reaulations in this ChaDter and those in ChaDter 18.63 Water
Resources. Where two (2) reaulations are in conflict. the most strinaent shall
aovern.
SECTION 4. Sections 18.62.040A - C of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Approval and Permit Required] are hereby
amended to read as follows:
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SECTION 18.62.040 Approval and Permit Required.
A Physical Constraints Review Permit is required for the following activities:
A. Development, as defined in 18.62.030.0, in areas identified as Flood plain Corridor
Land, Riparian Preserve, Hillside land, or Severe Constraint land.
B. Tree removal, as defined in 18.62.030. RT., in areas identified as Flood plain
Corridor Land and Riparian Preserve.
C, Commercial logging, in areas identified as Flood plain Corridor Land, Riparian
Preserve, Hillside Land, or Severe Constraint Land.
SECTION 5~ Section 18.62.050 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - land Classifications] is hereby amended to read
as follows:
SECTION 18.62.050 land Classifications.
The following factors shall be used to determine the classifications of various lands and
their constraints to building and development on them:
A. Flood Dlain 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
Flood Insurance Program, and in maps adopted by 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 Greek designated
fGF-identified as a Riparian Preservation Creek in 18.62.Q5Q.B and depiGted as
SUGh an maps adapted Ily the CounGil as provided for in on the Phvsical and
Environmental Constraints FloodDlain Corridor lands maps adoDted pursuant
to section 18.62.060
5. All areas within ten feet (horizontal distance) of any stream drainage Ghannel
identified as a land Drainaqe Corridor depiGted an maps adapted Ily the
CounGil on the Phvsical and Environmental Constraints FloodDlain Corridor
lands maDS adopted pursuant to section 18.62.060 Ilut not designated as
Riparian Preservation.
B. Riparian Preservation The fallowing Flood plain Corridor lands are also
designated for Riparian Preservation for the purposes of this seGtion and as
listed on the PhysiGal and Environmental Constraints O'/erlay Maps: Tolman,
Hamilton, Clay, Bear, KitGhen, Ashland, Neil and Wrights Creeks.
c ~. 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:
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1. All areas defined as Hillside Lands on the Physical Constraints Overlay map and
which have a slope of 25 % Ilersent or greater.
DC. 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.
ED. Severe Constraint Lands - ands 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 % Ilersent.
FE., 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.
SECTION 6. Section 18.62.070 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Development Standards for Flood Plain Corridor
Lands] is hereby amended to read as follows:
SECTION 18.62.070 Development 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 International Building Code and
International Residential Code, 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. Ail
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additional fill material shall be obtained from the portion of the lot in the Flood
plain Corridor.
5. Adequate drainage shall be provided 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. Culvertinll or bridllinll Stream crossinq for streets, access or utilities of any
waterway or stream Greek 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 crossinq
Gul'/ert will be blocked by. debris in a severe flood, and accommodate expected
overflow. The crossinq shall be at riqht anqles to the stream channel to the
qreatest extent possible. Fill for Gul',<erting and bridging stream crossinqs shall
be kept to the minimum necessary to achieve property access, but is exempt from
the limitations in section (A) above. Culverting or bridging of &treams identified
as Riparian Pre&er\'ation are subjeGt to the requirements of 18.62.075.
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
floodproofed to an elevation of ten feet above the Greek stream channel on Ashland,
Bear or Neil Creek; to five feet above the Greek stream channel on all other Riparian
Preserve Greeks Preservation Creeks defined in seGtion 18.62.050.B identified
on the official maDS adopted Dursuant to section 18.62.060; and three feet above
the stream channel on all other drainage ways identified land Orainaqe
Corridors identified on the official maps adopted Dursuant 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 Dursuant to by
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 Greek stream
channel on Ashland, Bear, or Neil Creek; to five feet above the Greek stream
channel on all other Riparian Preserve Greeks Preservation Creeks defined in
seGtion 18.62.050.B identified on the official maDS adoDted Dursuant to section
18.62.060; and three feet above the stream channel on all other drainage '/lays
identified land Orainaqe Corridors identified on the official maps adoDted
Dursuant 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.
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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 maDS 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, and have minimal
impact on the flow of floodwaters. 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. .
J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is
not permitted in Flood plain Corridor lands.
K. Fences constructed within 20 feet of any Riparian Preservation Creek
designated by this chapter shall be limited to wire or electriG fenGe, or similar
fence that will not GolleGt debris or obstruct flood waters; but not inGluding
wir-e mesh or chain link fencing 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 maDS adoDted Dursuant to
section 18.62.060 identified riparian drainage or riparian preservation Greek.
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
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the Corridor, ami except as Drovided for in ChaDter 18.63 Water Resource
Protection Zones, or in the 8ear Creek 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.
SECTION 7. Section 18.62.075 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Development Standards for Riparian
Preservation Lands] is hereby amended to read as follows:
111.62.075 De'Jelopment
Standards
for
Riparian
Preservation
lands
.'1.. All de'Jelopment in areas indicated for Riparian Preservation, as defined in
section 111.62.050(8), sllall comply witll tile following standards:
1. De'Jelopment sllall be subject to all Development Standards far Flood plain
Corridor lands (111.62.070)2.
2. Any tree over six inclles d.b.lI. sllall be retained to the greatest extent feasible
3. Fill and Cul'.'erting shall be permitted only for streets, access, or utilities. Tile
crossing sllall be at rig lit angles to tile creek cllannel to tile greatest extent
possible. Fill sllall be kept to a minimum.
4. Tile general topograplly of Riparian Preservation lands sllallbe retained.
SECTION 8. Section 18.108.040. A 2. of the Ashland Municipal Code [TYPE I
PROCEDURE, Miscellaneous Actions] -is hereby amended to read as follows:
SECTION 18.108.040 Type I Procedure.
.. .
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.
planning actions.
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 Dermits as allowed in Chapter 18.63.
f. Water Resource Protection Zone Reductions of UD to 25% as allowed in
ChaDter 18.63.
SECTION 9. Section 18.108.050. A. of the Ashland Municipal Code [TYPE II
PROCEDURES] -is hereby amended to read as follows:
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SECTION 18.108.050 Type II Procedure.
A. Actions Included. The following planning actions shall be subject to the Type II
Procedure:
1. All Conditional Use Permits 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 Qreater than 25% and UD to 50%
as allowed in Chapter 18.63.
7. HardshiD Variances as allowed in ChaDter 18.63.
6~, Any appeal of a Staff Advisor decision, including a Type I Planning Action or
Interpretation of the Ashland Land Use Code.
7l!. Any other planning action not designated as subject to the Type I or Type III
Procedure.
SECTION 10. Note: Reservation of Existing Regulations for Purposes of Claims.
Notwithstanding that existing land use regulations are being amended and/or repealed
in this Ordinance and that those amendments and/or repeals shall be reflected in the
Codification of the Ashland Municipal Code, the amendments and/or repeals
implemented by this ordinance shall not be effective for purposes of claims against the
City of Ashland, including but not limited to regulatory taking and Measure 49 claims.
Notwithstanding the amendments and/or appeals shown herein, existing regulations
that are shown as amended or repealed in this Ordinance shall continue in full force and
effect with regard to any claim filed, and shall stand behind the new or amended
regulations should the new or amended regulations be set aside. The City Recorder
shall maintain a copy of the existing 18.62 regulations without the amendments and
repeals implemented by this ordinance for purposes of future claims and shall place a
note in Section 18.110 [Measure 49] indicating the reservation of existing ordinances for
purposes of claims.
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. Savings. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced_shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
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this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 13. 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 (i.e. Sections 1,
11-13) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors, including specifically changing the words
,"flood plain" to "floodplain" throughout the code.
The foregoing ordinance was first read by title only in a~rticle X,
Section 2(C) of the City Charter on the ---.1L day of , 2009,
and duly PASSED and ADOPTED this ~- day of , 2009.
.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this I~ay Of~009.
Reviewed as to form:
K
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