Ashland City Zoning Code

PART 18

1 – Introduction and General Provisions

18.1.2.010 Title

AMC Title 18 Land Use shall be known as the “Land Use Ordinance” of the City (“this ordinance”).

18.1.2.020 Purpose

The purpose of the Land Use Ordinance 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 through property; 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. Race, color, religion, sexual orientation, gender identity, national origin, or disability shall not be an adverse consideration in making any decision under this ordinance.

18.1.2.030 Enactment and Effect

The Land Use Ordinance applies to all land uses and development in the City.

18.1.2.040 Compliance Required

A. Compliance with Land Use Ordinance. No structure or lot shall hereinafter be used, developed, or occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or otherwise altered except as permitted by this ordinance. A lawful use of land (“use”) is one that is permitted in accordance with this ordinance or is allowed as a legal nonconforming use, pursuant with chapter 18.1.4, provided State or Federal law does not prohibit the use. Amendments to the Zoning Map, Comprehensive Plan Map, and other official maps, amendments to the Land Use Ordinance, and annexations shall conform to applicable provisions of this ordinance.

B. Obligation by Successor. The requirements of this ordinance apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.

18.1.2.050 Rules of Ordinance Construction

A. Provisions of Land Use Ordinance Declared to be Minimum Requirements. The provisions of this ordinance, in their interpretation and application, are minimum requirements, adopted for the protection of the public health, safety, and general welfare.

B. Highest Standard or Requirement Applies. Where a requirement of this ordinance varies from another provision of this ordinance or with other applicable regulations, the highest standard or regulation shall govern.

C. Tenses. Words used in the present tense include the future; the singular form includes the plural; and the plural includes the singular.

D. Requirements versus Guidelines. Use of the word “shall,” “must,” “required,” “prohibited” or similar directive term means the ordinance provision is a requirement. Use of the word “should,” “encouraged,” “recommended,” “may,” or similar term, means the provision is a guideline. Guidelines are intended to assist City decision-making bodies where certain land use actions require the exercise of discretion.

E. Interpreting Illustrations. This ordinance contains illustrations, photographs, and ordinance “graphics,” which are intended to serve as examples of development design that either meet or do not meet particular ordinance standards. Except where a graphic contains a specific numerical standard or uses the word “shall,” “must,” “required,” or “prohibited,” strict adherence to the graphic is not required.

F. Severability. The provisions of this ordinance are severable; where any section, sentence, clause, or phrase is judged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of the ordinance.

18.1.2.060 Land Use Ordinance Consistency with Comprehensive Plan and Laws

A. Comprehensive Plan. This ordinance implements the Comprehensive Plan. Provisions of this ordinance shall be interpreted consistent with the Comprehensive Plan.

B. Compliance with Other Laws Required. In addition to the requirements of this ordinance, all uses and development must comply with all other applicable City, State of Oregon, and Federal rules and regulations.

C. References to Other Regulations. All references to other City, State, and Federal rules and regulations are for informational purposes only and do not constitute a complete list of such requirements. The references do not imply any responsibility by the City for enforcement of State or Federal regulations. Where a proposal, permit, or approval is subject to both City requirements and State or Federal requirements, the property owner is responsible for contacting the applicable agencies and complying with their rules and regulations.

18.1.2.070 Land Use Ordinance and Zoning Map Implementation

A. Zoning of Areas to be Annexed. Concurrent with annexation of land, the City Council, upon considering the recommendation of the Planning Commission, shall enact an ordinance applying applicable zoning designation(s) to the subject land, pursuant with chapter 18.5.8. The Comprehensive Plan shall guide the designation of zoning for annexed areas.

B. Land Use Ordinance and Zoning Map. The City’s official Zoning Map (“Zoning Map”), which may be published, amended, and filed separately from this ordinance, is part of this ordinance. The zoning districts depicted on the Zoning Map correspond to the zoning districts in this ordinance. In addition, this ordinance may contain zoning regulations for special areas, (i.e., overlay zones), and for certain uses or structures that do not appear on the Zoning Map.

C. Interpreting the Zoning Map. Except as otherwise specified by this ordinance, the City’s zoning boundaries are as designated on the Zoning Map, which is kept on file at City Hall. The City may adopt and publish supplemental zoning and land use control maps where it is impractical to illustrate all regulated features on one map; examples of regulated features include but are not limited to historical landmarks, floodplain corridor boundaries, local wetland inventories, and specific area plans. In addition, the City may require field verification and mapping (e.g., survey) of a regulated feature as part of a development application, where the feature is thought to exist on or adjacent to the subject property but its exact location is unknown.

D. Boundary Lines. Zoning district boundaries are determined pursuant to section 18.2.1.030.

E. Changes to Official Zoning Map. Proposed changes to the Zoning Map are subject to review and approval under chapter 18.5.9

18.1.2.080 Building Permits

A. Land Use Approvals and Building Permits. The Building Official, pursuant with AMC title 15, administers the City’s building codes and issues building permits. The Staff Advisor administers the Land Use Ordinance, processes land use approvals, and coordinates with the Building Official on development and building projects to ensure compliance with the Land Use Ordinance.

B. Zoning Compliance Required for Building Permits. A building permit shall not be issued until the Staff Advisor has confirmed that all applicable Land Use Ordinance requirements are met, or appropriate conditions of approval are in place to ensure compliance.

18.1.2.090 Official Action

A. Official Action. The Staff Advisor, Planning Commission, and City Council are “City officials” vested with authority to issue permits and grant approvals in conformance with this ordinance, pursuant to part 18.5 Application Review Procedures and Approval Criteria. City officials shall not issue or grant a permit or approval for any development or use that violates or fails to comply with conditions or standards imposed to carry out this ordinance.

B. Void Future Actions. Any permit or approval issued or granted in conflict with the provisions of this ordinance shall be void, unless the City modifies it in conformance with this ordinance. The Staff Advisor shall determine when an approval is void and, as applicable, he or she shall refer it back to the decision body for modification to ensure compliance.

C. Referral to Planning Commission. In addition to those actions that require Planning Commission approval, the Staff Advisor may refer any question or permit request to the Commission, who then shall take action on the request pursuant to the applicable provisions of this ordinance. See also, chapter 18.1.5 Ordinance Interpretations and part 18.5 Application Review Procedures and Approval Criteria.

D. Notices, Filing, and Validity of Actions. The failure of any person to receive mailed notice or failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this ordinance, provided a good faith effort was made to notify all parties entitled to such notice report or form. See chapter 18.5.1 General Review Procedures.

18.1.2.010 Title

AMC Title 18 Land Use shall be known as the “Land Use Ordinance” of the City (“this ordinance”).

18.1.2.020 Purpose

18.1.2.030 Enactment and Effect

The Land Use Ordinance applies to all land uses and development in the City.

18.1.2.040 Compliance Required

B. Obligation by Successor. The requirements of this ordinance apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.

18.1.2.050 Rules of Ordinance Construction

C. Tenses. Words used in the present tense include the future; the singular form includes the plural; and the plural includes the singular.

18.1.2.060 Land Use Ordinance Consistency with Comprehensive Plan and Laws

A. Comprehensive Plan. This ordinance implements the Comprehensive Plan. Provisions of this ordinance shall be interpreted consistent with the Comprehensive Plan.

18.1.2.070 Land Use Ordinance and Zoning Map Implementation

D. Boundary Lines. Zoning district boundaries are determined pursuant to section 18.2.1.030.

E. Changes to Official Zoning Map. Proposed changes to the Zoning Map are subject to review and approval under chapter 18.5.9

18.1.2.080 Building Permits

18.1.2.090 Official Action

18.1.3.010 Purpose and Intent

The purpose of chapter 18.1.3 is to establish criteria and a process for determining when a lot of record exists for the purpose of allowing a use or development on a nonconforming lot (e.g., substandard lot that does not meet lot area, setback, or coverage regulations). The owner of lot of record shall not be denied reasonable development on a lot of record; where the underlying zone allows residential use, one single-family dwelling per lot of record is deemed reasonable use, provided applicable building codes are met. The City may also accept a legal lot determination as sufficient evidence of a hardship for in approving a variance under chapter 18.5.5.

18.1.3.020 Criteria

A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 to 92.190:

A. The plot of land was lawfully created through a subdivision or partition plat in Jackson County prior to annexation to the City.

B. The plot of land was created through a deed or land sales contract recorded with Jackson County prior to August 18, 1964 before the City adopted planning, zoning, subdivision or partition regulations (Ordinance 1361).

C. The plot of land was created through a deed or land sales contract recorded with Jackson County prior to January 1, 2007 and the subject plot of land would have complied with the applicable planning, zoning, subdivision, or partition regulations in effect at the time it was created.

18.1.3.030 Legal Lot Determination Procedure

The Staff Advisor through a Ministerial procedure, shall process requests to validate a lot of record. It shall be the property owner’s responsibility to demonstrate that his or her plot of land meets the lot of record criteria in section 18.1.3.020.

18.1.3.010 Purpose and Intent

18.1.3.020 Criteria

A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 to 92.190:

A. The plot of land was lawfully created through a subdivision or partition plat in Jackson County prior to annexation to the City.

18.1.3.030 Legal Lot Determination Procedure

18.1.4.010 Purpose and Applicability

Chapter 18.1.4 contains standards and procedures for the continuation of uses, structures, developments and lots that are lawfully established but do not comply with current ordinance standards (“nonconforming situations”). The chapter is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property. Nonconforming situations are not necessarily considered a negative influence on a neighborhood; rather the benefits of continuing a nonconformity should be weighed against impacts to the neighborhood. The chapter contains four sections as follows:

A. Nonconforming uses (e.g., commercial use in a residential zone) are subject to section 18.1.4.020;

B. Nonconforming structures (e.g., structure does not meet setback standards) are subject to section 18.1.4.030;

C. Nonconforming developments (e.g., site does not meet landscaping standards) are subject to section 18.1.4.040;

D. Nonconforming lots (e.g., lot smaller than minimum area standard) are subject to section 18.1.4.050.

18.1.4.020 Nonconforming Uses

Where a use of land exists that would not be permitted under the current ordinance, but was lawful at the time it was established, the use may continue, provided it conforms to the following requirements:

A. Change in Nonconforming Use. A nonconforming use may be changed to another nonconforming use of the same or a more restricted nature. A change in a nonconforming use requires approval of a Conditional Use Permit under chapter 18.5.4.

B. Expansion of Nonconforming Use. Expansion of a nonconforming use shall not exceed 50 percent of the building square footage. Expansion of a nonconforming use requires approval of a Conditional Use Permit under chapter 18.5.4.

C. Discontinuation or Abandonment of Nonconforming Use. Except as provided by subsection 18.1.4.020.D, a nonconforming use that is discontinued for any reason other than fire or catastrophe beyond the owner’s control for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use pursuant to all of the following requirements:

1. After the City has deemed a nonconforming use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership/management; any such activity is a violation of this ordinance.

2. For purposes of calculating the 12 month period, discontinuance does not include a period of active reconstruction following a fire or other catastrophe beyond the owner’s control, and the Planning Commission through a Type II procedure in section 18.5.1.060 may extend the discontinuance period in the event of special unforeseen circumstances. A use is discontinued upon the first occurrence of any one of the following:

a. The date when the use of land is physically vacated.

b. The date the use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods/stock, or office equipment, or the disconnection of telephone or utility service.

c. The date of termination of any lease or contract under which the nonconforming use has occupied the land.

d. The date a request for final reading of water and power meters is made to the applicable utility districts.

e. The date of an event similar to those listed in subsections a-d, above, as determined by the Staff Advisor.

D. Reestablishment of Nonconforming Status for Discontinued Use. Notwithstanding the provisions of subsection 18.1.4.020.C, a nonconforming use that is discontinued shall not be considered abandoned where the approval authority approves a Conditional Use Permit pursuant to chapter 18.5.4. The applicant shall demonstrate the reestablished use is equivalent to or more restricted than the abandoned use. In evaluating whether or not to permit the reestablishment of a nonconforming use, the approval authority, in addition to applying the criteria required for Conditional Use Permit, shall apply the following criteria.

1. Any improvements for the reestablishment of a nonconforming use on the site are limited to 50 percent of the value of the structure, except where such improvements bring the subject site, development or use into closer conformity with this ordinance. Valuation shall be determined as follows:

a. An independent real estate appraiser licensed in the State of Oregon shall determine the value of the structure.

b. 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.

c. 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. The traffic generated by the proposed use is not greater than the greatest traffic that would be generated by a permitted use. In assessing the traffic generated by the proposed use, the approval authority shall consider the average peak-hour number of vehicle trips per day, the hours of operation, and the types of traffic generated; i.e., truck or passenger vehicle. The approval authority may condition approval of the Conditional Use Permit limiting the land use so that traffic impacts are not greater than for uses permitted in the same zone.

3. The noise generated by the proposed use will comply with the AMC 9.08.170, and will not exceed the average ambient noise level already existing in the area, as measured pursuant to this section.

4. There shall be no lighting of the property that would have direct illumination on adjacent uses.

5. In a residential zone, the reestablishment will further implement Goal VI, Policy 2, Housing Chapter of the Comprehensive Plan.

6. Nothing herein shall apply to nonconforming signs, which are governed by the provisions of chapter 18.4.7 of this ordinance.

18.1.4.030 Nonconforming Structures

This section regulates nonconforming structures, except for nonconforming structures in Water Resource Protection Zones subject to subsection 18.3.11.050.A.3. Nonconforming structures exist on the effective date of adoption or amendment of this ordinance, but could not be built under the terms of the ordinance today; for example, the structure(s) does not comply with current requirements for height and setbacks. If the structure or development was lawful when constructed, it may remain on site so long as it remains otherwise lawful and complies with the following regulations:

A. Exempt Alterations. A nonconforming structure may be altered as follows, subject to approval of required building permits:

1. Additions and alterations are permitted if the improvement, evaluated separately from the existing structure, conforms to this ordinance.

2. Restoration, rehabilitation, repair, and maintenance of a nonconforming structure (e.g., roof repair, upgrading electrical systems, and similar work) are permitted where all of the following standards are met:

a. The structure is not changed in size or shape (i.e., three-dimensional building envelope must not change including but not limited to building footprint, mass, volume, roof shape, and height).

b. Not more than 40 percent of any exterior building wall and not more than 50 percent of the building floor area is permanently removed; where a larger alteration is proposed, approval of a conditional use permit is required.

c. Where temporary or permanent removal of a building wall or floor area is proposed, the owner shall submit with a building permit application a construction management plan that documents existing building conditions, proposed methods of construction, and proposed building plans.

3. Reconstruction of garages and sheds if the use is not changed and the structure is not changed in size or shape (i.e., three-dimensional building envelope does not change including but not limited to building footprint, mass, volume, roof shape, and height).

4. Destruction. A legal nonconforming structure that is damaged by means beyond the owner’s control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50 percent or more of its replacement cost, may be restored or reconstructed within the original three-dimensional building envelope (i.e., relative to coverage, height, setbacks, and other dimensions of the developed area) provided the nonconformity shall not increase. Any residential structure in a zone where residential uses are allowed that is damaged beyond 50 percent of its replacement cost by such catastrophe may be reconstructed at the original density, provided a building permit application for the reconstruction is submitted within two years of the catastrophe.

5. Conversion of an existing detached single-family dwelling to a duplex is permitted, provided the conversion does not increase the nonconforming characteristics of the structure with applicable clear and objective standards (e.g., dimensional standards).

B. Planning Approval Required. A nonconforming structure may be altered (i.e., reconstructed, enlarged, or modified) subject to approval of a conditional use permit under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.030.A, above. A nonconforming structure may be rebuilt pursuant to this subsection, provided in a historic district the applicant must demonstrate that restoration is not practicable. (Ord. 3199 § 2, amended, 06/15/2021)

18.1.4.040 Nonconforming Developments

A. Exempt Alterations. Repair and maintenance of a nonconforming development (e.g., paved area, parking area, landscaping) are allowed subject to approval of required building permits if the development is not enlarged or altered in a way that brings the nonconforming site less in conformity with this ordinance. See also, section 18.3.11.050 related to nonconforming uses in Water Resource Protection zones.

B. Planning Approval Required. A nonconforming development may be enlarged or altered subject to approval of a Conditional Use Permit under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.040.A, above, and for non-residential development subject to subsection 18.4.2.040.B.6.

C. Roadway Access. The owner of a nonconforming driveway approach or access to a public street or highway, upon receiving land use or development approval, may be required as a condition of approval to bring the nonconforming access into conformance with the standards of the approval authority.

D. Destruction. A legal nonconforming development that is damaged by means beyond the owner’s control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50 percent or more of its replacement cost, may be restored or reconstructed within the original three-dimensional building envelope (i.e., relative to coverage, height, setbacks, and other dimensions of the developed area) provided the nonconformity shall not increase.

18.1.4.050 Nonconforming Lots

If a lot or the aggregate of contiguous lots or land parcels held in single ownership, and recorded in the office of the County Clerk at the time of passage of the ordinance codified herein, a legal lot or lot of record, as provided by chapter 18.1.3, with an area or dimensions that do not meet the standards of the zoning district in which the property is located, may be occupied by a use permitted in the zone subject to other requirements of the ordinance. Lot line adjustments to nonconforming lots are allowed if the lot line adjustment brings the nonconforming lot closer in conformity with this ordinance. See also, chapter 18.1.3 Legal Lot Determination and subsection 18.4.6.050.C Nonconformities Created by Street Dedication.