18.3.5.040 General Regulations

A. Conformance with North Mountain Neighborhood Plan. Land uses, streets, alleys, and pedestrian/bicycle access ways shall be located in accordance with those shown on the North Mountain Neighborhood Plan adopted by Ordinance 2800.

B. Amendments. Major and minor amendments to the North Mountain Neighborhood Plan shall comply with the following procedures.

a. Major amendments are those that result in any of the following.

i. A change in land use.

ii. A change in the street layout plan that requires a street to be eliminated or to be located in such a manner as to not be consistent with the neighborhood plan.

iii. A change in the North Mountain Neighborhood Design Standards.

iv. A change in planned residential density.

v. A change not specifically listed under the major and minor amendment definitions.

b. Minor amendments are those that result in any of the following.

i. Changes related to street trees, street furniture, fencing, or signage.

ii. A change in the street layout that requires a local street, alley, easement, pedestrian/bicycle accessway or utility to be shifted more than 50 feet in any direction, as long as the change maintains the connectivity established by the neighborhood plan.

2. Major Amendment Type II Procedure. The approval authority may approve a major amendment to the North Mountain Neighborhood Plan through a Type II procedure in section 18.5.1.060 upon finding that the application meets all of the following criteria.

a. The proposed modification maintains the connectivity established by the neighborhood plan.

b. The proposed modification furthers the design and access concepts advocated by the neighborhood plan, including but not limited to pedestrian access, bicycle access, and de-emphasis on garages as a residential design feature.

c. The proposed modification will not adversely affect the purpose, objectives, or functioning of the neighborhood plan.

d. The proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural features, or to adjust to existing property lines between project boundaries.

3. Minor Amendment Type I Procedure. A minor amendment to the North Mountain Neighborhood Plan is subject to the Type I procedure in section 18.5.1.050. The request for a minor amendment shall include findings that demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the neighborhood plan.

C. Utilities. Utilities shall be installed underground to the greatest extent feasible. Where possible, alleys shall be utilized for utility location, including transformers, pumping stations, etc.

D. Lots With Alley Access. If an alley serves the site, access and egress for motor vehicles shall be to and from the alley. In such cases, curb openings along the street frontage are prohibited.

E. Streets, Alleys, and Pedestrian/Bicycle Accessways. Streets, alleys, and pedestrian/bicycle accessways shall be improved as designated in the North Mountain Neighborhood Design Standards.

F. Minimum Density. Proposals resulting in the creation of additional parcels or greater than three units on a single parcel shall provide for residential densities between 75 to 110 percent of the base density for a given zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations or similar physical constraints. (Proposals involving the development of neighborhood commercial businesses and services shall be exempt from the above requirements).

G. Density Transfer. Density transfer within a project from one zone to another may be approved if it can be shown that the proposed density transfer furthers the design and access concepts advocated by the neighborhood plan, and provides for a variety of residential unit sizes, types, and architectural styles.

H. Floodplain Corridor. Developments including lands within the identified floodplain corridor, including street development, shall comply with the following requirements.

1. A hydrologic study prepared by a geotechnical expert shall be submitted concurrently with specific development proposals indicating the impact of the development on the floodplain corridor, and all efforts to be taken to mitigate negative impacts from flooding in the area of the floodplain corridor and areas of historic flooding.

2. The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate flood protection measures, as determined by a geotechnical expert, in the overall design of the new street. Such protection measures shall address flooding in the floodplain corridor and in areas of historic flooding.

3. A grading plan for the overall development, indicating grade relationships between the development and the floodplain corridor, shall be included with the specific development proposal. A statement shall be included, prepared by a geotechnical expert or licensed surveyor, indicating that the finish grade for all buildable areas outside of the floodplain corridor shall be at or above the Ashland floodplain corridor elevations indicated on the officially adopted city maps.

I. Off-Street Parking. Off-street parking shall be provided pursuant to the requirements of this chapter and 18.4.3 Parking, Access, and Circulation, except in the NM-C zone. In the NM-C zone, all uses are not required to provide off-street parking or loading areas, except for residential uses where one space shall be provided per residential unit and in conformance with chapters 18.4.2 Building Placement, Orientation and Design, and 18.4.4 Landscaping, Lighting, and Screening.

J. Drive-Up Uses. Drive-Up uses are not permitted within the North Mountain Neighborhood Plan area.

K. Performance Standards Overlay. All applications involving the creation of three or more lots shall be processed under chapter 18.3.9 Performance Standards Option Overlay.

L. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area between the structure and the street. No fencing shall be allowed in areas designated as Floodplain Corridor.

M. Adjustment of Lot Lines. As part of the approval process for specific development proposals, adjustments to proposed lot lines may be approved consistent with the density standards of the applicable zone, as designated by the North Mountain Neighborhood Plan.