ORDINANCE NO. ____

AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE, REGARDING MINIMUM DENSITIES IN MULTI-FAMILY ZONING DISTRICTS.

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Section 18.24.040.A. of the Ashland Land Use Ordinance is modified as follows:

"18.24.040.A. Permitted Density.

1. Base Densities. The density of the development, including the density gained through bonus points, shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-2 zone shall be 13.5 dwelling units per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the following restrictions.

a. Minimum lot area for unit 1 shall be 5000 sq. ft. with a minimum width of 50' and minimum depth of 80'.
b. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50' and a minimum depth of 80'.
c. Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq. ft. and as determined by the base density and allowable bonus point calculations, and shall have a minimum width of 50' and a minimum depth of 80'.

2. Exceptions to minimum density standards. The following lots are totally or partially exempt from the 80% minimum base density standard of Subsection 1.

a. Lots less than 10,000sq.ft, in existence prior to the effective date of this ordinance.
b. Lots located within any Historic District designated within the Ashland Municipal Code.
c. Lots with existing, or proposed, conditional uses may be exempt for that portion of the property that is subject to the conditional use for calculations of the minimum base density standard.
d. If a lot is occupied by a single family residence as of the effective date of this ordinance, the single family residence may be enlarged or reconstructed without being subject to the 80% minimum base density standard.
e. In the event that a fire or natural hazard destroys a single family residence, such residence may be replaced without being subject to the 80% minimum base density standard.
f. Where floodplains , streams, land drainages, wetlands, and or steep slopes exist upon the lot an exception to minimum density requirements may be obtained to better meet the standards of Chapter 18.62 Physical and Environmental Constraints.
g. A lot that is nonconforming in minimum density may not move further out of conformance with the minimum density standard. However, units may be added to the lot which bring the lot closer to conformance without coming all the way into conformance provided it is demonstrated that the minimum density will not be precluded."

SECTION 2. Section 18.28.040.A. of the Ashland Land Use Ordinance is modified as follows:

"18.28.040.A. Permitted Density.

1. Base Densities. The density of the development, including the density gained through bonus points, shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-2 zone shall be 13.5 dwelling units per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the following restrictions.

a. Minimum lot area for unit 1 shall be 5000 sq. ft. with a minimum width of 50' and minimum depth of 80'.
b. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50' and a minimum depth of 80'.
d. Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq. ft. and as determined by the base density and allowable bonus point calculations, and shall have a minimum width of 50' and a minimum depth of 80'.

2. Exceptions to minimum density standards. The following lots are totally or partially exempt from the 80% minimum base density standard of Subsection 1.

a. Lots less than 10,000sq.ft, in existence prior to the effective date of this ordinance.
b. Lots located within any Historic District designated within the Ashland Municipal Code.
c. Lots with existing, or proposed, conditional uses may be exempt for that portion of the property that is subject to the conditional use for calculations of the minimum base density standard.
d. If a lot is occupied by a single family residence as of the effective date of this ordinance, the single family residence may be enlarged or reconstructed without being subject to the 80% minimum base density standard.
e. In the event that a fire or natural hazard destroys a single family residence, such residence may be replaced without being subject to the 80% minimum base density standard.
f. Where floodplains , streams, land drainages, wetlands, and or steep slopes exist upon the lot an exception to minimum density requirements may be obtained to better meet the standards of Chapter 18.62 Physical and Environmental Constraints.
g. A lot that is nonconforming in minimum density may not move further out of conformance with the minimum density standard. However, units may be added to the lot which bring the lot closer to conformance without coming all the way into conformance provided it is demonstrated that the minimum density will not be precluded."

The foregoing ordinance was first read on the ____ day of ______, 2004, and duly PASSED and ADOPTED this ____ day of _______, 2004.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this ____ day of _______, 2004.
Alan W. DeBoer, Mayor

Reviewed as to form:
Michael Franell, City Attorney

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