a. The information requested on the application form.

b. Plans and exhibits required for the specific approvals sought.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee.

a. Applicant.

b. Owners of the subject property.

c. Owners of record for properties located within 200 feet of the perimeter of the subject site.

d. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property.

e. Where an application subject to Type I review is preceded by a Type II decision, to parties of record from the subject Type II decision.

f. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice.

a. The street address or other easily understandable reference to the location of the proposed use or development.

b. A summary of the proposal.

c. The applicable criteria for the decision, listed by commonly used citation.

d. Date and time that written comments are due, and the physical address where comments must be mailed or delivered.

e. An explanation of the 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the City within the 14-day period.

f. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost.

g. A statement that a person who fails to address the relevant approval criteria with enough detail, may not be able to appeal to the Planning Commission on that issue.

h. The name and phone number of a City contact person.

i. A brief summary of the Type I review and decision process.

a. Applicant.

b. Owners of the subject property.

c. Owners of record for properties located within 200 feet of the perimeter of the subject site.

d. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property.

e. Parties of record; this includes any group or individual who submitted written comments during the comment period.

f. Those groups or individuals who requested notice of the decision.

g. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice.

a. A description of the nature of the decision.

b. An explanation of the nature of the application and the proposed use or uses, which could be authorized.

c. The street address or other easily understandable reference to the location of the proposed use or development.

d. The name and phone number of a City contact person.

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and applicable criteria and standards are available for review and that copies will be provided at reasonable cost.

f. A statement that any person who was mailed a written notice of the decision may request reconsideration or appeal as provided in this section 18.5.1.050, subsections F and G, below.

g. A statement that the decision becomes final when the period for filing a local appeal has expired.

h. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA.

a. The applicant or owner of the subject property.

b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B.

c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded

b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.

d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered.

a. The information requested on the application form.

b. Plans and exhibits required for the specific approvals sought.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee.

a. The City shall mail notice of public hearing not less than ten days before the hearing. Such notice shall be mailed to all individuals and organizations listed below.

a. The street address or other easily understandable reference to the location of the proposed use or development.

b. A summary of the proposal.

c. The applicable criteria for the decision, listed by commonly used citations.

d. The date, time and location of the scheduled hearing.

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost.

f. The name and phone number of a City contact person.

g. A statement that a copy of the City’s staff report and recommendation to the hearings body will be available for review at no cost at least seven days before the hearing, and that a copy will be provided on request at a reasonable cost.

h. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings.

i. A statement that after the public hearing closes the City will issue its decision and mail it to the applicant and to anyone else who submitted written comments or provided oral testimony in the public hearing.

j. A disclosure statement that an issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues shall be raised and accompanied by statements or evidence sufficient to afford the hearings body and the parties an adequate opportunity to respond to each issue.

a. The applicable approval criteria by ordinance chapter that apply to the application.

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision.

c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue.

d. At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record.

e. Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection 18.5.1.060.C.5, below, or leave the record open for additional written evidence or testimony as provided in subsection 18.5.1.060.D.6, below.

a. No member shall serve on any proceeding in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 227.035, has a direct or substantial financial interest; or in which the member is biased. If a member refuses to disqualify him or herself, the Hearings Board, for hearings before the Board; the Planning Commission, for hearings before the Commission, or the City Council for hearings before the Council, shall have the power to remove such member for that proceeding.

b. All parties shall be advised that they have the right to rebut the substance of any ex parte communications.

a. The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence.

b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section.

c. Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

a. When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony.

b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of subsection 18.5.1.090.B (ORS 227.178 - “120-day rule”), unless the applicant voluntarily waives his or her right to a final decision being made within 120 days of filing a complete application.

c. If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

a. Applicant or authorized agent.

b. Owners of the subject property.

c. Parties of record; this includes any group or individual who submitted written comments during the comment period.

d. Those groups or individuals who requested notice of the decision.

a. The decision.

b. Findings relied upon in making the decision.

c. Conditions of approval.

d. A statement that the decision becomes final when the period for filing a local appeal has expired.

e. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA.

a. New evidence material to the decision exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open.

b. A factual error occurred through no fault of the requesting party which is relevant to an approval criterion and material to the decision.

c. A procedural error occurred, through no fault of the requesting party, that prejudiced the requesting party’s substantial rights and remanding the matter will correct the error.

a. The applicant.

b. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council.

c. Persons who were entitled to receive notice of the action but did not receive notice due to error.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.060.I.1, above, may appeal a Type II decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection.

b. Time for Filing. The notice of appeal shall be filed with the City Manager within ten days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice shall include the appellant’s name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity.

d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered.

a. Except upon the election to reopen the record as set forth in subsection 18.5.1.060.I.4.b, below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits, and materials submitted during the hearing or at other times when the record before the Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Commission, including the findings and conclusions. In addition, for purposes of Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding.

b. Reopening the Record. The City Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Manager together with the filing of the notice of appeal and the City Manager determines prior to the Council appeal hearing that the requesting party has demonstrated one or more of the following.

a. Oral Argument. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten minutes for the applicant, ten for the appellant, if different, and three minutes for any other party who participated below. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the notice of appeal; similarly, oral argument shall be confined to the substance of the written argument.

b. Scope of Appeal Deliberations. Upon review, and except when limited reopening of the record is allowed, the Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Commission with sufficient specificity to enable the Commission and the parties to respond.

c. Council Decision. The Council may affirm, reverse, modify, or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. Upon recommendation of the Manager, the Council may elect to summarily remand the matter to the Planning Commission. If the Council elects to remand a decision to the Commission, either summarily or otherwise, the Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to subsection 18.5.1.060.J.

a. The notice of appeal and the written arguments submitted by the parties to the appeal.

b. Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received.

c. All materials considered by the hearings body including the application and all materials submitted with it.

d. Documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open.

e. Recorded testimony (including DVDs when available).

f. All materials submitted by the Staff Advisor to the hearings body regarding the application;

g. The minutes of the hearing.

h. The final written decision of the Commission including findings and conclusions.

a. The information requested on the application form.

b. A map and/or plan, as applicable, addressing the appropriate criteria and standards in sufficient detail for review and decision.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee, except when the City initiates the request.

f. Other information the Staff Advisor deems necessary to provide a complete application.

a. Each owner whose property is rezoned in accordance with ORS 227.186; and

b. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

a. Application Form and Fee. Applications for middle housing land divisions shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it.

b. Submittal Information. The application shall include all of the following information:

a. Incompleteness shall be based solely on failure to pay required fees, failure of the applicant’s narrative to address the relevant criteria or development standards, or failure to supply the required submittal information and shall not be based on differences of opinion as to the quality or accuracy of the information provided. Determination that an application is complete indicates only that the application contains the information necessary for a qualitative review of compliance with the applicable criteria and standards.

b. If the application was complete when first submitted or the applicant submits the additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the applicable criteria and standards that were in effect at the time the application was first submitted.

c. If an application is incomplete, the completeness notice shall list what information is missing and allow the applicant to submit the missing information. The completeness notice shall include a form, designed to be returned to the Staff Advisor by the applicant, indicating whether or not the applicant intends to amend or supplement the application. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

a. Mailing of Notice of Complete Application. The Staff Advisor shall provide written notice of the receipt of the completed application for a middle housing land division to:

b. Content of Notice of Complete Application. The notice of the receipt of the completed application shall include all of the following:

c. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file.

d. Comment Period. After notification according to the procedure set out above, the Staff Advisor shall provide a 14-day period for submission of written comments prior to the decision.

a. Approval may include conditions to ensure that the application complies with the applicable criteria and standards for middle housing land divisions.

b. For middle housing land divisions, the Staff Advisor:

c. The decision shall include a statement of the facts the Staff Advisor relied upon to determine whether the application satisfied or failed to satisfy each applicable approval criteria.

d. Notice of the decision shall be provided to the applicant and to those who received notice under subsection 18.5.1.075.A.4 within 63 days of the date of a completed application. The notice of decision shall include:

a. An appeal must be filed within 14 days of mailing of the notice of the decision and be accompanied by a $300.00 deposit toward the cost of an appeal hearing. This deposit shall be refunded if the appellant materially improves his or her position from the Staff Advisor’s decision. The referee shall assess the cost of the appeal in excess of the deposit for costs, up to a maximum of $500.00, against an appellant who does not materially improve his or her position from the decision of the Staff Advisor.

b. A decision may be appealed by:

c. An appeal shall be based solely on allegations:

d. The City of Ashland’s Hearings Officer is designated as the referee for appeals of a decision made under this section and ORS 197.360 and 197.365.

e. Within seven days of receiving the appeal, the City, on behalf of the Hearings Officer, shall notify the applicant, the appellant if other than the applicant, any person or organization entitled to notice under section 18.5.1.075.A.4.a that provided written comments to the local government and all providers of public facilities and services entitled to notice under section 18.5.1.075.A.4.a and advise them of the manner in which they may participate in the appeal. A person or organization that provided written comments to the local government but did not file an appeal under subsection 18.5.1.075.A.6 may participate only with respect to the issues raised in the written comments submitted by that person or organization. The Hearings Officer may use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument. The Hearings Officer shall provide the local government an opportunity to explain its decision but is not limited to reviewing the local government decision and may consider information not presented to the local government.

f. The Hearings Officer shall apply the substantive requirements of section 18.5.3.140.C and ORS 197.360. If the Hearings Officer determines that the application does not qualify as an expedited land division under ORS 197.360 or a middle housing land division under section 18.5.3.140, the Hearings Officer shall remand the application for consideration as a land use decision or limited land use decision. In all other cases, the Hearings Officer shall seek to identify means by which the application can satisfy the applicable requirements.

g. The Hearings Officer shall not reduce the density of the land division application.

h. The Hearings Officer shall make a written decision approving or denying the application or approving it with conditions designed to ensure that the application satisfies the applicable criteria and standards, within 42 days of the filing of an appeal. The Hearings Officer shall not remand the application to the local government for any reason other than as set forth in this subsection.

i. Unless the City Council finds exigent circumstances, a Hearings Officer who fails to issue a written decision within 42 days of the filing of an appeal shall receive no compensation for service as Hearings Officer in the appeal.

j. Notwithstanding any other provision of law, the Hearings Officer shall order the local government to refund the deposit for costs to an appellant who materially improves his or her position from the decision of the local government. The Hearings Officer shall assess the cost of the appeal, up to a maximum of $500.00, against an appellant who does not materially improve his or her position from the decision of the local government. The local government shall pay the portion of the costs of the appeal not assessed against the appellant. The costs of the appeal include the compensation paid the Hearings Officer and costs incurred by the local government, but not the costs of other parties.

k. The Land Use Board of Appeals (LUBA) does not have jurisdiction to consider any decisions, aspects of decisions or actions made for middle housing land divisions under section 18.5.3.140 or expedited land divisions under ORS 197.360 through 197.380.

l. Any party to a proceeding before a Hearings Officer under this section may seek judicial review of the Hearings Officer’s decision in the manner provided for review of final orders of the Land Use Board of Appeals (LUBA) under ORS 197.850 and 197.855. The Court of Appeals shall review decisions of the Hearings Officer in the same manner as provided for review of final orders of the Land Use Board of Appeals (LUBA) in those statutes. However, notwithstanding ORS 197.850(9) or any other provision of law, the court shall reverse or remand the decision only if the court finds:

a. The City did not comply with the notice requirements in sections 18.5.1.050 and 18.5.1.060;

b. Such error adversely affected and prejudiced a person’s substantial rights; and

c. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision.

a. The information requested on the application form.

b. Plans and exhibits required for the specific approvals sought.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee.

a. Applicant.

b. Owners of the subject property.

c. Owners of record for properties located within 200 feet of the perimeter of the subject site.

d. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property.

e. Where an application subject to Type I review is preceded by a Type II decision, to parties of record from the subject Type II decision.

f. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice.

a. The street address or other easily understandable reference to the location of the proposed use or development.

b. A summary of the proposal.

c. The applicable criteria for the decision, listed by commonly used citation.

d. Date and time that written comments are due, and the physical address where comments must be mailed or delivered.

e. An explanation of the 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the City within the 14-day period.

f. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost.

g. A statement that a person who fails to address the relevant approval criteria with enough detail, may not be able to appeal to the Planning Commission on that issue.

h. The name and phone number of a City contact person.

i. A brief summary of the Type I review and decision process.

a. Applicant.

b. Owners of the subject property.

c. Owners of record for properties located within 200 feet of the perimeter of the subject site.

d. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property.

e. Parties of record; this includes any group or individual who submitted written comments during the comment period.

f. Those groups or individuals who requested notice of the decision.

g. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice.

a. A description of the nature of the decision.

b. An explanation of the nature of the application and the proposed use or uses, which could be authorized.

c. The street address or other easily understandable reference to the location of the proposed use or development.

d. The name and phone number of a City contact person.

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and applicable criteria and standards are available for review and that copies will be provided at reasonable cost.

f. A statement that any person who was mailed a written notice of the decision may request reconsideration or appeal as provided in this section 18.5.1.050, subsections F and G, below.

g. A statement that the decision becomes final when the period for filing a local appeal has expired.

h. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA.

a. The applicant or owner of the subject property.

b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B.

c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded

b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.

d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered.

a. The information requested on the application form.

b. Plans and exhibits required for the specific approvals sought.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee.

a. The City shall mail notice of public hearing not less than ten days before the hearing. Such notice shall be mailed to all individuals and organizations listed below.

a. The street address or other easily understandable reference to the location of the proposed use or development.

b. A summary of the proposal.

c. The applicable criteria for the decision, listed by commonly used citations.

d. The date, time and location of the scheduled hearing.

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost.

f. The name and phone number of a City contact person.

g. A statement that a copy of the City’s staff report and recommendation to the hearings body will be available for review at no cost at least seven days before the hearing, and that a copy will be provided on request at a reasonable cost.

h. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings.

i. A statement that after the public hearing closes the City will issue its decision and mail it to the applicant and to anyone else who submitted written comments or provided oral testimony in the public hearing.

j. A disclosure statement that an issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues shall be raised and accompanied by statements or evidence sufficient to afford the hearings body and the parties an adequate opportunity to respond to each issue.

a. The applicable approval criteria by ordinance chapter that apply to the application.

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision.

c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue.

d. At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record.

e. Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection 18.5.1.060.C.5, below, or leave the record open for additional written evidence or testimony as provided in subsection 18.5.1.060.D.6, below.

a. No member shall serve on any proceeding in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 227.035, has a direct or substantial financial interest; or in which the member is biased. If a member refuses to disqualify him or herself, the Hearings Board, for hearings before the Board; the Planning Commission, for hearings before the Commission, or the City Council for hearings before the Council, shall have the power to remove such member for that proceeding.

b. All parties shall be advised that they have the right to rebut the substance of any ex parte communications.

a. The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence.

b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section.

c. Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

a. When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony.

b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of subsection 18.5.1.090.B (ORS 227.178 - “120-day rule”), unless the applicant voluntarily waives his or her right to a final decision being made within 120 days of filing a complete application.

c. If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

a. Applicant or authorized agent.

b. Owners of the subject property.

c. Parties of record; this includes any group or individual who submitted written comments during the comment period.

d. Those groups or individuals who requested notice of the decision.

a. The decision.

b. Findings relied upon in making the decision.

c. Conditions of approval.

d. A statement that the decision becomes final when the period for filing a local appeal has expired.

e. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA.

a. New evidence material to the decision exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open.

b. A factual error occurred through no fault of the requesting party which is relevant to an approval criterion and material to the decision.

c. A procedural error occurred, through no fault of the requesting party, that prejudiced the requesting party’s substantial rights and remanding the matter will correct the error.

a. The applicant.

b. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council.

c. Persons who were entitled to receive notice of the action but did not receive notice due to error.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.060.I.1, above, may appeal a Type II decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection.

b. Time for Filing. The notice of appeal shall be filed with the City Manager within ten days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice shall include the appellant’s name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity.

d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered.

a. Except upon the election to reopen the record as set forth in subsection 18.5.1.060.I.4.b, below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits, and materials submitted during the hearing or at other times when the record before the Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Commission, including the findings and conclusions. In addition, for purposes of Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding.

b. Reopening the Record. The City Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Manager together with the filing of the notice of appeal and the City Manager determines prior to the Council appeal hearing that the requesting party has demonstrated one or more of the following.

a. Oral Argument. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten minutes for the applicant, ten for the appellant, if different, and three minutes for any other party who participated below. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the notice of appeal; similarly, oral argument shall be confined to the substance of the written argument.

b. Scope of Appeal Deliberations. Upon review, and except when limited reopening of the record is allowed, the Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Commission with sufficient specificity to enable the Commission and the parties to respond.

c. Council Decision. The Council may affirm, reverse, modify, or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. Upon recommendation of the Manager, the Council may elect to summarily remand the matter to the Planning Commission. If the Council elects to remand a decision to the Commission, either summarily or otherwise, the Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to subsection 18.5.1.060.J.

a. The notice of appeal and the written arguments submitted by the parties to the appeal.

b. Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received.

c. All materials considered by the hearings body including the application and all materials submitted with it.

d. Documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open.

e. Recorded testimony (including DVDs when available).

f. All materials submitted by the Staff Advisor to the hearings body regarding the application;

g. The minutes of the hearing.

h. The final written decision of the Commission including findings and conclusions.

a. The information requested on the application form.

b. A map and/or plan, as applicable, addressing the appropriate criteria and standards in sufficient detail for review and decision.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee, except when the City initiates the request.

f. Other information the Staff Advisor deems necessary to provide a complete application.

a. Each owner whose property is rezoned in accordance with ORS 227.186; and

b. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

a. Application Form and Fee. Applications for middle housing land divisions shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it.

b. Submittal Information. The application shall include all of the following information:

a. Incompleteness shall be based solely on failure to pay required fees, failure of the applicant’s narrative to address the relevant criteria or development standards, or failure to supply the required submittal information and shall not be based on differences of opinion as to the quality or accuracy of the information provided. Determination that an application is complete indicates only that the application contains the information necessary for a qualitative review of compliance with the applicable criteria and standards.

b. If the application was complete when first submitted or the applicant submits the additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the applicable criteria and standards that were in effect at the time the application was first submitted.

c. If an application is incomplete, the completeness notice shall list what information is missing and allow the applicant to submit the missing information. The completeness notice shall include a form, designed to be returned to the Staff Advisor by the applicant, indicating whether or not the applicant intends to amend or supplement the application. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

a. Mailing of Notice of Complete Application. The Staff Advisor shall provide written notice of the receipt of the completed application for a middle housing land division to:

b. Content of Notice of Complete Application. The notice of the receipt of the completed application shall include all of the following:

c. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file.

d. Comment Period. After notification according to the procedure set out above, the Staff Advisor shall provide a 14-day period for submission of written comments prior to the decision.

a. Approval may include conditions to ensure that the application complies with the applicable criteria and standards for middle housing land divisions.

b. For middle housing land divisions, the Staff Advisor:

c. The decision shall include a statement of the facts the Staff Advisor relied upon to determine whether the application satisfied or failed to satisfy each applicable approval criteria.

d. Notice of the decision shall be provided to the applicant and to those who received notice under subsection 18.5.1.075.A.4 within 63 days of the date of a completed application. The notice of decision shall include:

a. An appeal must be filed within 14 days of mailing of the notice of the decision and be accompanied by a $300.00 deposit toward the cost of an appeal hearing. This deposit shall be refunded if the appellant materially improves his or her position from the Staff Advisor’s decision. The referee shall assess the cost of the appeal in excess of the deposit for costs, up to a maximum of $500.00, against an appellant who does not materially improve his or her position from the decision of the Staff Advisor.

b. A decision may be appealed by:

c. An appeal shall be based solely on allegations:

d. The City of Ashland’s Hearings Officer is designated as the referee for appeals of a decision made under this section and ORS 197.360 and 197.365.

e. Within seven days of receiving the appeal, the City, on behalf of the Hearings Officer, shall notify the applicant, the appellant if other than the applicant, any person or organization entitled to notice under section 18.5.1.075.A.4.a that provided written comments to the local government and all providers of public facilities and services entitled to notice under section 18.5.1.075.A.4.a and advise them of the manner in which they may participate in the appeal. A person or organization that provided written comments to the local government but did not file an appeal under subsection 18.5.1.075.A.6 may participate only with respect to the issues raised in the written comments submitted by that person or organization. The Hearings Officer may use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument. The Hearings Officer shall provide the local government an opportunity to explain its decision but is not limited to reviewing the local government decision and may consider information not presented to the local government.

f. The Hearings Officer shall apply the substantive requirements of section 18.5.3.140.C and ORS 197.360. If the Hearings Officer determines that the application does not qualify as an expedited land division under ORS 197.360 or a middle housing land division under section 18.5.3.140, the Hearings Officer shall remand the application for consideration as a land use decision or limited land use decision. In all other cases, the Hearings Officer shall seek to identify means by which the application can satisfy the applicable requirements.

g. The Hearings Officer shall not reduce the density of the land division application.

h. The Hearings Officer shall make a written decision approving or denying the application or approving it with conditions designed to ensure that the application satisfies the applicable criteria and standards, within 42 days of the filing of an appeal. The Hearings Officer shall not remand the application to the local government for any reason other than as set forth in this subsection.

i. Unless the City Council finds exigent circumstances, a Hearings Officer who fails to issue a written decision within 42 days of the filing of an appeal shall receive no compensation for service as Hearings Officer in the appeal.

j. Notwithstanding any other provision of law, the Hearings Officer shall order the local government to refund the deposit for costs to an appellant who materially improves his or her position from the decision of the local government. The Hearings Officer shall assess the cost of the appeal, up to a maximum of $500.00, against an appellant who does not materially improve his or her position from the decision of the local government. The local government shall pay the portion of the costs of the appeal not assessed against the appellant. The costs of the appeal include the compensation paid the Hearings Officer and costs incurred by the local government, but not the costs of other parties.

k. The Land Use Board of Appeals (LUBA) does not have jurisdiction to consider any decisions, aspects of decisions or actions made for middle housing land divisions under section 18.5.3.140 or expedited land divisions under ORS 197.360 through 197.380.

l. Any party to a proceeding before a Hearings Officer under this section may seek judicial review of the Hearings Officer’s decision in the manner provided for review of final orders of the Land Use Board of Appeals (LUBA) under ORS 197.850 and 197.855. The Court of Appeals shall review decisions of the Hearings Officer in the same manner as provided for review of final orders of the Land Use Board of Appeals (LUBA) in those statutes. However, notwithstanding ORS 197.850(9) or any other provision of law, the court shall reverse or remand the decision only if the court finds:

a. The City did not comply with the notice requirements in sections 18.5.1.050 and 18.5.1.060;

b. Such error adversely affected and prejudiced a person’s substantial rights; and

c. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision.

a. Private, noncommercial radio and television antennas not exceeding a height of 70 feet above grade or 30 feet above an existing structure, whichever height is greater, and provided no part of such antenna shall be within the setback yards required by this chapter. A building permit shall be required for any antenna mast or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure.

b. Not more than three parabolic disc antennas, each under one meter in diameter, on any one lot or dwelling unit.

c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1 zoned properties located within designated historic districts. The devices shall comply with solar setback standards described in chapter 18.4.8 and the height standards of the respective zoning district.

d. Roof-mounted solar collection devices on E-1 and C-1 zoned properties located within designated historic districts if the footprint of the structure is not increased, the plane of the system is parallel to the slope of the roof and does not extend above the peak height of the roof or existing parapets, or is otherwise not visible from a public right-of-way. The devices shall comply with solar setback standards described in chapter 18.4.8 and height requirements of the respective zoning district.

e. Installation of mechanical equipment other than those exempted in subsections a-d, above, and which is not visible from a public right-of-way, except alleys, or adjacent residentially zoned property and consistent with other provisions of the ordinance codified in this section, including solar access in chapter 18.4.8, and noise and setback requirements of subsection 18.2.4.020.B. See also screening standards for mechanical equipment in subsection 18.4.4.030.G.4.

f. Routine maintenance and replacement of existing mechanical equipment in all zones.

a. The proposed solar array is consistent with the general design approach illustrated in the adopted SOU 2025 Facilities Master Plan Amendment, which is intended to be illustrative rather than prescriptive.

b. The proposed solar array does not exceed a height of 38 feet.

c. The proposed solar array complies with the Solar Access Ordinance in chapter 18.4.8 where abutting privately owned property to the north.

d. The proposed solar array does not impede emergency vehicle access or circulation.

e. Permits (structural and electrical) shall be obtained from the City of Ashland Building Division. (Ord. 3268 § 5, amended, 11/04/2025; Ord. 3229 § 9, amended, 12/19/2023; Ord. 3199 § 25, amended, 06/15/2021; Ord. 3155 § 15, amended, 07/17/2018)

a. Vicinity map.

b. The property boundaries, dimensions, and area of the site shall be identified.

c. Topographic contour lines at five-foot intervals or less, except where the Staff Advisor determines that larger intervals will be adequate for steeper slopes.

d. Zone designation of the land adjacent to the proposed development, including lands subject to overlay zones including but not limited to lands subject to Detail Site Review, Downtown Design Standards, Historic District, Pedestrian Place, Physical and Environmental Constraints, and Water Resource Protection Zones overlays (see part 18.3, Special Districts and Overlay Zones).

e. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site.

f. The location and size of all public and private utilities, on and adjacent to the subject site, including:

g. Site features, including existing structures, pavement, drainage ways, rock outcroppings, areas having unique views, and streams, wetlands, drainage ways, canals and ditches.

h. The location, size, and species of trees six inches DBH or greater, including trees located on the subject site and trees located off site that have drip lines extending into the subject site.

a. The proposed development site, including boundaries, dimensions, and gross area.

b. Features identified on the existing site analysis maps that are proposed to remain on the site.

c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development.

d. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements.

e. The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements, including:

f. Location of drainage ways and public utility easements in and adjacent to the proposed development.

g. Setback dimensions for all existing and proposed structures.

h. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access.

i. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls), including accessible parking by building code.

j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails.

k. Common open spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements.

l. Location of outdoor lighting.

m. Location of mail boxes, if known.

n. Locations of bus stops and other public or private transportation facilities.

o. Locations, sizes, and types of signs.

a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten feet or greater; such plans shall indicate the material, color, texture, shape, and design features of the building, and include mechanical devices not fully enclosed in the building.

b. Exterior elevations of other proposed structures, including fences, retaining walls, accessory buildings, and similar structures.

c. The elevations and locations of all proposed signs for the development.

d. For non-residential developments proposed on properties located in a Historic District, section drawings including exterior walls, windows, projections, and other features, as applicable, and drawings of architectural details (e.g., column width, cornice and base, relief and projection, etc.) drawn to a scale three-quarters of an inch equals one foot or larger.

a. Landscape and irrigation plans shall include the following information:

b. When water conserving landscaping is required pursuant to section 18.4.4.030, the landscape plan shall contain the following additional information:

c. When water conserving landscaping is required pursuant to section 18.4.4.030, the irrigation plan included with the building permit submittals shall contain the following additional information:

a. For commercial and industrial developments:

b. For residential developments:

a. Private, noncommercial radio and television antennas not exceeding a height of 70 feet above grade or 30 feet above an existing structure, whichever height is greater, and provided no part of such antenna shall be within the setback yards required by this chapter. A building permit shall be required for any antenna mast or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure.

b. Not more than three parabolic disc antennas, each under one meter in diameter, on any one lot or dwelling unit.

c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1 zoned properties located within designated historic districts. The devices shall comply with solar setback standards described in chapter 18.4.8 and the height standards of the respective zoning district.

d. Roof-mounted solar collection devices on E-1 and C-1 zoned properties located within designated historic districts if the footprint of the structure is not increased, the plane of the system is parallel to the slope of the roof and does not extend above the peak height of the roof or existing parapets, or is otherwise not visible from a public right-of-way. The devices shall comply with solar setback standards described in chapter 18.4.8 and height requirements of the respective zoning district.

e. Installation of mechanical equipment other than those exempted in subsections a-d, above, and which is not visible from a public right-of-way, except alleys, or adjacent residentially zoned property and consistent with other provisions of the ordinance codified in this section, including solar access in chapter 18.4.8, and noise and setback requirements of subsection 18.2.4.020.B. See also screening standards for mechanical equipment in subsection 18.4.4.030.G.4.

f. Routine maintenance and replacement of existing mechanical equipment in all zones.

a. The proposed solar array is consistent with the general design approach illustrated in the adopted SOU 2025 Facilities Master Plan Amendment, which is intended to be illustrative rather than prescriptive.

b. The proposed solar array does not exceed a height of 38 feet.

c. The proposed solar array complies with the Solar Access Ordinance in chapter 18.4.8 where abutting privately owned property to the north.

d. The proposed solar array does not impede emergency vehicle access or circulation.

e. Permits (structural and electrical) shall be obtained from the City of Ashland Building Division. (Ord. 3268 § 5, amended, 11/04/2025; Ord. 3229 § 9, amended, 12/19/2023; Ord. 3199 § 25, amended, 06/15/2021; Ord. 3155 § 15, amended, 07/17/2018)

a. Vicinity map.

b. The property boundaries, dimensions, and area of the site shall be identified.

c. Topographic contour lines at five-foot intervals or less, except where the Staff Advisor determines that larger intervals will be adequate for steeper slopes.

d. Zone designation of the land adjacent to the proposed development, including lands subject to overlay zones including but not limited to lands subject to Detail Site Review, Downtown Design Standards, Historic District, Pedestrian Place, Physical and Environmental Constraints, and Water Resource Protection Zones overlays (see part 18.3, Special Districts and Overlay Zones).

e. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site.

f. The location and size of all public and private utilities, on and adjacent to the subject site, including:

g. Site features, including existing structures, pavement, drainage ways, rock outcroppings, areas having unique views, and streams, wetlands, drainage ways, canals and ditches.

h. The location, size, and species of trees six inches DBH or greater, including trees located on the subject site and trees located off site that have drip lines extending into the subject site.

a. The proposed development site, including boundaries, dimensions, and gross area.

b. Features identified on the existing site analysis maps that are proposed to remain on the site.

c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development.

d. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements.

e. The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements, including:

f. Location of drainage ways and public utility easements in and adjacent to the proposed development.

g. Setback dimensions for all existing and proposed structures.

h. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access.

i. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls), including accessible parking by building code.

j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails.

k. Common open spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements.

l. Location of outdoor lighting.

m. Location of mail boxes, if known.

n. Locations of bus stops and other public or private transportation facilities.

o. Locations, sizes, and types of signs.

a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten feet or greater; such plans shall indicate the material, color, texture, shape, and design features of the building, and include mechanical devices not fully enclosed in the building.

b. Exterior elevations of other proposed structures, including fences, retaining walls, accessory buildings, and similar structures.

c. The elevations and locations of all proposed signs for the development.

d. For non-residential developments proposed on properties located in a Historic District, section drawings including exterior walls, windows, projections, and other features, as applicable, and drawings of architectural details (e.g., column width, cornice and base, relief and projection, etc.) drawn to a scale three-quarters of an inch equals one foot or larger.

a. Landscape and irrigation plans shall include the following information:

b. When water conserving landscaping is required pursuant to section 18.4.4.030, the landscape plan shall contain the following additional information:

c. When water conserving landscaping is required pursuant to section 18.4.4.030, the irrigation plan included with the building permit submittals shall contain the following additional information:

a. For commercial and industrial developments:

b. For residential developments:

a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in the City or vicinity.

b. Date, north arrow, and scale of drawing.

c. Location of the development sufficient to define its location in the City boundaries.

d. Zoning of parcel to be divided, including any overlay zones.

e. A title block specifying “minor or major partition” and including the partition number, City of Ashland, the names, addresses, and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey.

f. Identification of the drawing as a “preliminary plat.”

a. Streets. Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site;

b. Easements. Width, location, and purpose of all existing easements of record on and abutting the site;

c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

d. Topography and Natural Features. A topographic map showing contour intervals of five feet or less and the location of any physically constrained lands, pursuant to chapter 18.3.10, and any natural features, such as rock outcroppings, wetlands, streams, wooded areas, and isolated preservable trees;

e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable;

f. North arrow and scale.

a. Proposed lots, streets, tracts, common open space, and park land (if any); location, names, right-of-way dimensions.

b. Location, width, and purpose of all proposed easements.

c. Approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and private tracts (e.g., common open space, common area, or street).

d. Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as common open space.

e. Proposed public street improvements, pursuant to chapter 18.4.6.

f. Preliminary design for extending City water and sewer service to each lot, pursuant to chapter 18.4.6.

g. Proposed method of storm water drainage and treatment, if required, pursuant to chapter 18.4.6.

h. The approximate location and identity of other facilities, including the locations of electric, fire hydrants, streetlights, and utilities, as applicable.

i. Evidence of compliance with applicable overlay zones. (Ord. 3191 § 33, amended, 11/17/2020)

a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City.

b. The centerline grade on any portion of the unpaved street does not exceed ten percent.

c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street elevation.

d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied.

a. The parent parcel is developed with middle housing allowed under ORS 197.758(3) or the application for a middle housing land division is being made concurrently with a building permit application for construction of middle housing under ORS 197.758(3) on the parcel.

b. Each resulting middle housing lot or parcel shall contain no more than one middle housing dwelling unit except for lots, parcels, or tracts proposed as common area.

c. Accessory residential units (ARU) are not permitted on middle housing lots or parcels created under this section.

d. Each lot is served with its own separate utilities.

e. All easements necessary for each middle housing dwelling unit shall be identified on the plat. Easements shall be provided to ensure:

f. Evidence submitted by the applicant demonstrates how buildings or structures on the resulting lots or parcels will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code.

a. Prohibit the further division of the resulting middle housing lots or parcels.

b. Require that a notation appear on the final plat indicating that approval was given under this section, Middle Housing Land Divisions.

a. All tracts of land intended to be deeded or dedicated for public use;

b. Street names as approved by the Public Works Director in accordance with the “Criteria for Naming or Renaming a Street” in AMC 13.24.010.

c. Any non-access strips.

d. A notation indicating that approval was given under this section, Middle Housing Land Divisions.

a. All conditions of the middle housing land division preliminary plat approval have been satisfied and the final plat substantially conforms to the approved middle housing land division preliminary plat approval.

b. Approved construction drawings for required public improvements have been provided, including grading and drainage plans as applicable, and the applicant has provided verification by the City that electric, water and sanitary sewer services are available to every lot depicted on the plat.

c. An approved security instrument is provided to guarantee completion of any required public improvements that have not been completed and accepted by the City.

d. The plat contains a dedication to the public of all required public improvements, including but not limited to public streets and any public utility easements, and all required streets, accessways, easements, and other dedications or reservations are shown on the plat.

e. The applicant has furnished acceptable copies of any applicable covenants, conditions and restrictions (CC&Rs), easements, maintenance agreements (e.g., landscaping, utilities, tree preservation, common areas, access, parking, etc.), and other documents pertaining to common improvements recorded and referenced on the plat.

f. The format of the plat shall conform to Chapter 92 ORS, and shall incorporate the preliminary plat information in section 18.5.3.040.B.

g. The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by Chapter 92 ORS, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the Jackson County Surveyor for purposes of identifying its location.

h. A copy of any deed restrictions applicable to the partition or subdivision or the title report.

a. Obtain the approval signature on the middle housing land division final plat by the Jackson County Surveyor certifying that the final plat complies with all applicable survey laws. Before certifying, the County Surveyor may make any necessary field investigations to verify that the plat survey is sufficiently accurate. If the County Surveyor determines that the plat does not comply, the applicant shall make corrections. When the County Surveyor determines that the plat conforms, the County Surveyor shall sign and date the final plat.

b. A notice of middle housing land division for each middle housing lot shall be recorded with the County Recorder that states:

c. File a statement of water right and, if a water right is appurtenant, a copy of the acknowledgment from the Water Resources Department.

d. Deliver the approved final plat and accompanying documents to the County Recorder for recording.

e. Return a copy of the recorded final plat and notices of a middle housing land division to the City for filing.

a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in the City or vicinity.

b. Date, north arrow, and scale of drawing.

c. Location of the development sufficient to define its location in the City boundaries.

d. Zoning of parcel to be divided, including any overlay zones.

e. A title block specifying “minor or major partition” and including the partition number, City of Ashland, the names, addresses, and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey.

f. Identification of the drawing as a “preliminary plat.”

a. Streets. Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site;

b. Easements. Width, location, and purpose of all existing easements of record on and abutting the site;

c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

d. Topography and Natural Features. A topographic map showing contour intervals of five feet or less and the location of any physically constrained lands, pursuant to chapter 18.3.10, and any natural features, such as rock outcroppings, wetlands, streams, wooded areas, and isolated preservable trees;

e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable;

f. North arrow and scale.