HomeMy WebLinkAbout1261 Establishing Zones/Uses
ORDINANCE 1261
AN ORDINANCE ZONING THE CITY OF ASHLAND INTO THREE DISTRICTS OR
ZONES; REZONING CERTAIN AREAS WTIHIN THE CITY OF ASHLAND; PRESCRIBING
THE USES TO WHICH PROPERTY IN SAID ZONES MAY BE PUT OR USED; CREATING
BUILDING SET-BACK LINES; REGULATING AND RESTRICTING THE ALTERATION AND
CONSTRUCTIONS OF BUILDINGS WITHIN SAID ZONES; PROVIDING THE PENALTIES
FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES
IN CONFLICT HEREWITH; REPEALING ORDINANCE NO. 1053 AND ALL AMENDMENTS THERETO;
AND DECLARING AN EMERGENCY.
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(a) ZONE NO.1. Business District, described as follows:
Beginning at a point on the Southerly line of Church Street,
150 feet Southwesterly from the intersection of the Westerly
line of North l1ain Street with the Southerly line of Church
Street; thence Easterly and parallel with North Y~in Street
to the Easterly line of Grani te Street; thence SouthE~rly and
parallel to North Main Street and the Plaza to the North line
of Winburn way; thence Easterly along said North line of
Winburn Way extended to an intersection with the East line of
the Plaza; thence Easterly and parallel with East Main Street
to the West line of Gresham Street; thence North along said
West line of Gresham Street to the South line of East Main
Street; thence Easterly along said South line to an inter-
section with the Easterly line of Lithia Way; thence Southerly
along said Easterly line of Lithia Way to an intersection with
the Northerly line ofSisk1you Boulevard; thence along said
Northerly line to the West line of Sherman Street; thence
North along said t'lest line toa point 200 feet South I:>f the
South line of East l-fain Street; thence Easterly and parallel
to said South line of East Hain Street to th.e West line of
Garfield Street; thence North along said West line to the
North line of E8.St Main Street; thence Westerly a.long said
North line to the East line of North Mountain Avenue; thence
North along said East line 200 feet; thence 'Westerly and
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That for the purposes hereinafter set forth, and for regulating,
classifying and restricting the locating of bUildings, for tb..,. purpose
of regulating and controlling the uses of properties in the City of
Ashland, Oregon, said City of Ashland is hereby divided into zones or
districts as follows:
Section 2.
That this ordinance shall be known and designated, and herein-
after referred to, as the "Zoning Ordinance of the City of Ashland".
Section 1.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLL()\~S:
An ordinance zoning the City of Ashland into three districts or
zones; rezoning certain areas within the City of Ashland; prescribing
the uses to which property in said zones may be put or used; creating
building set-back lines; regulating and restricting the alteration
and construction of buildings within said zones; providing the penalties
for violation thereof; repealing all ordinances or parts of ordinances
in conflict herewith; repealing Ordinance No. 1053 and all amendments
thereto; and declaring an emergency.
ORDINANCE NO. j E. ~ /
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parallel to East Main Street to a point halfway between Fourth
and ]~ifth streets; thence Northerly and parallel to Fourth
StreE3t to a point 125 feet South of the South line of "Aft Street;
thenee Westerly and parallel to said South line of "AU Street
extended to a point halfway between Water Street and Oak Street;
thenee Southerly and parallel to Oak Street to a point on the
South line of "Bu street; thence Westerly along said South line
of flBtt Street extended to the East line of Helman Street; thence
Southerly along said East line to an intersection with the
EastEerly line of North Main Street; thence a t right angles to
said Easterly line of North Main Street, Westerly 210 feet;
thenee Southerly and parallel to North YJ.8.in Street to the point
of bl9ginning.
Also, begip~ing at the intersection of the North line of Wimer
StreEet and the West line of North l'4ain street; thence West along
the North line of Wimer Street 200 feet; thence Northwesterly and
parallel to North I~ain Street to the easterly line of Fox Street;
thenc~e Northerly along Fox Street extended to the Southerly
right-of-way line of the Southern Pacific Railroad; thence South-
eastc~rly along said right-of-way to Glenn Street; thence Westerly
along the South line of Glenn Street to the Westerly line of an
alley lying East of North Main Street; thence along West side
of said alley to the North line of Hersey Street; thence
Westcerlyalong said line to Easterly line of North Main Street;
then(~e continue Westerly to the point of beginning.
Also, beginning at the intersection of the East line of Palm
Avenue and the North line of Siskiyou Boulevard; thence North
along said East line 200 feet; thence Easterly and parallel
to S:lskiyou Boulevard and Ashland Street (Highway #66) to the
East City limits line; thence South along said ci~l limits
*ine 460 feet; thence Westerly and parallel to As~and Street
((Highway #66) to the Northerly line of Siskiyou Boulevard;
then(~e Westerly along said boulevard line to the point of
beginning.
Also, beginning at a point on the East line of Indiana Street
150 feet South of the intersection of said East line and South
line of Siskiyou Boulevard; thence Easterly and parallel to
said South line of Siskiyou Boulevard to the East City limits
(Clay' Street); thence North to the North line of Siskiyou
Boul1avard; th€!nce Westerly along said North line to the East
City limits line; thence N~rth 150 feet; thence Westerly and
parallel to Siskiyou Boulevard to a point 216.6 feet East of
~valk~9r Avenue; thence North to a point 200 feet South of the
South line of Ashland Street; thence Westerly and parallel
to said South line to ~n intersection with the South line of
Sisk:iyou Boulevard; thence \'Jesterly along said South line to
an intersection with the East line of Indiana Street; thence
South along said East line to the point of beginning.
Also, that certain area embraced in Lots 1, 2 and 3 of Block
uCt! of Boulevard Park Addition to the City of Ashland.
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(b) ZONE NO.2. Industrial District, described as follows:
Begirming at an intersection of the Northerly right-of-way line
of the Southern Pacific Railroad and the South line of Hersey
StreE~t;' thence Easterly and parallel to said South line to a
point due North of the Easterly line of Eighth Street; thence
Southerly along said line to a point 200 feet North of the
North right-of-way line of the Southern Pacific Railroad;
thenee Easterly and parallel to said North line to East City
limits line; thence South along said City limits line to
Southerly right-of-way line of Southern Pacific Railroad;
thence Easterly and parallel to said Southerly line to a
point 868 feet East of the East line of Walker .Avenue; thence
South 400 feet; thence 1A/e sterly and parallel to the Southerly
line of Southern Pacific Railroad right-of-way to the East line
of Garfield Street; thence North along said East line to the
North line of East Main Street; thence along said North line
to the East line of North Mountain Avenue; thence North along
said East line to the North line of "Btt Street; thence \1est
along said North line to an angle East of Eighth Street; thence
North to a point 125 feet South of "A" Street extended; thence
vJest~3rly and parallel to HAt! Street extended to a point halfway
bet~3en Oak Street and Water Street; thence Southerly and
parallel to OB.k Street to a point on the South line of "Btt
Street; thence Westerly along said South line of "B" Street
extended to the East line of Helman Street'; thence Northerly
along said East line to the Northerly right-of-\vay line of the
Soutber-n Pa.c.ific Railroad; thence Northwesterly along said
righ't~6f';'wa.y line to the point of beginning. .
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(6) ZONE~TO'. 3. Residential District, described as follows:
All .areas within the City of Ashland not included in Zone No.1
and Zone No. 2 described above.
Section 3.
The regulations and restrictions applicable to the various zones
shall be as follows:
Zone No.1: That in Zone No.1, Business District, there
shall only be permitted the uses specified in Zone No.3,
together with wholesale and retail business, public buildings,
armories, garages, service stations providing that grease racks
and tire repairing are performed within an enclosed bUilding,
theaters, banks, newspaper and printing plants, shops, pro-
fessional offices, insurance and real estate offices, restaur-
ants, hotels, motels, schools and churces.
Zone No.2: That in Zone No.2, Industrial District,
there shall be permitted all the uses of Zones 1 and 3,
together with factories, mills, manufacturing, wrecking yards,
wood yards, boiler works, canneries, packing houses, junk
yards, and gasoline distributing plants or wholesale stations.
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Zone No. ~: That in Zone No.3, Residential District,
therE~ shall only be permitted dwellings, apartments, hotels,
publ:lc buildings, schools, and churches, wi th the right of
occupants of dwellings and apartments to use such buildings
for such professions and occupations as are ordinarily carried
on in a private home, provided, however, there shall be per-
mitted one-story professional office buildings containing not
more than five thousand (5,000) square feet of floor space.
The plans and specifications for such one story professional
offiee buildings shall be first submitted to the Ashland
Plaru1ing Commission for approval to insure that such buildings
will maintain aesthetic conformance with surrounding property.
In the evcent any dispute shall arise as to permitted use in any zone,
such disp'~te shall be determined by the Common Council, after recom-
mendation by the Planning Commission.
Section 4.
Prof,essional buildings in Zone No. 3 may have signs not larger
than two square feet in area exclusive of their posts, supports or
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mountings provided there is no lettering on such, and also not to
exceed 36 inches in width, which may be located on or away from said
buildings and in aesthetic conformity with the same and adjacent
buildings. Said signs may n~t be lighted directly or indirectly.
Where there are multiple occupants of a building one sign of the
above size may be permitted to identify the building. Signs identify-
ing the various occupants of the building may also be placed on the
exterior wall or door of each suite of the building. Such signs
shall be limited solely to designating the occupant and his profession.
Section 5.
That the map attached hereto, on which are designated the various
zones established under this ordinance, is hereby referred to and made
a part hereof.
Section 6.
That no building permit shall be issued which shall permit the
construction, repair, or alteration of any building which is being
prepared and planned for use contrary to the zone limitations herein
established.
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Section 7.
That nothing contained herein shall be construed to have any
application as to k(~eping of animals or fowls within the limits of
the City of Ashland.
Section 8.
(a) That the lawful use of land existing at the time of the
passage of this ordinance, although such use does not conform to the
provisions. hereof, may be continued. The repair or alteration of any
bUilding, housing or nonconforming use thereof is hereby prohibited
unless application for such repair or alteration is presented to the
Common Cotmcil and approved by such body. Any premises which were
used for "business purposes on June 18, 1946, may be used for other
nonconfornling business if an application be made to the Common Council
and approyed by it, but nothing contained herein shall permit an
--industrial use ever to be granted in Zones No.1 and 3, nor shall
any permit- for change of use be granted if by so doing insurance rates
on adjoin:Lng properties are increased or if a nuisance by reason of
noise, odc)rs, or other causes be created.
(b) That the owner or owners of any nonconforming business
structure may, with the approval of the Common Council, acquire,
improve and establish an off-street parking area as follows:
1. Parking area to be not greater in size than four times
the area occupied by the structure or structures housing the
none ()nf orming use.
2. Parking shall be of a temporary nature only, and- not
overnight or dead storage for vehicles. The lot shall not be
used for storage of goods or equipment other than motor vehicles.
3. No work or services, other than emergency repairs, shall
be performed on the lot, including, but not limited to, sale of
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motor vehicles or sale or installation of parts, accessories,
fuels or lubricants.
4. Each parking area shall have a properly maintained and
suita.bly landscaped strip of shrubs or grass adjacent to lot lines
bordering conforming users' property or streets or alleys.
5. Each parking area shall be improved with a dust free
and all weather surface, and any lighting shall be arranged so
that the source is not visible from, nor glare produced upon, any
adja(~ent lot being used in conformance with the zoning ordinance.
6. Access ways for vehicles (entrances and exits) to the
park:lng area shall not be more than sixteen feet in width, and
the number of them shall not be more than two for any lot with
street frontage of two hundred feet or less.
7. No illuminated signs shall be allowed in or about the
parking area. A sign may be installed adjacent to the fence or
wall and parallel to it, and with the sign top not more than
three feet above the surface; lettering shall be confined to
identification of lot operator and instruction such as ttexittt
or "entrancett. No sign shall be more than two square feet in
face area. Signs visible from the interior of the lot area
shall not exceed in number, size or content those allowable
exte.rna1 to the parking area.
8. Any parking area established in a residential area
shall conform to the setback requirements of Sections 9 and
10 r.~reor, except that where the nonconforming structure is
located closer to the street sideline than that required in
Section 9, the setback of the parking area may be located at
a dtstance equal to the distance of the closest nonconforming
building to the street sideline.
9. The Common Council shall have the right to require
the owner to construct a wall, hedge or fence of a height not
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greater than six feet if in the opinion of the Common Council
such requirement would substantially contribute to the aesthetic
attractiveness of the general area.
(c) That any request to the Planning Commission and the Common
Council for establishing an off-street parking area under the pro-
visions o:r this Section must be accompanied by a detailed plan of
the propo:sed parking area, with full details and other parking lot
requirements listed in (b) above.
Section 9.
That set-back lines for new building construction in Zone No.
:3 are her1eby established as a distance from the street side-line
which is not less than the average distance from said street side-
line of e:x:isting residence buildings in the block facing the street
on which the proposed building is to face; provided, however, that
on new streets or streets without established set-back lines all
buildings shall be constructed at least sixteen and one-half (16t)
feet from the street side-line. Any dispute as to the amount of
set-back required is to be determined by the City Engineer, with
the right of appeal to the City Council and Planning Commission.
Provided, however, that where the set-back requirement of sixteen
and one-half (l6t) feet would be impracticable because of the
steepness of terrain, the Planning Commission, upon application,
may waive any set-back requirement or require a set-back of less
than sixteen and one-half (16i) feet.
Section 10.
That. no residence or building shall be constructed in Zone No.
:3, Reside!ntial District, closer than four (4) feet from any property
side-line!, except that this section shall not be applicable to the
street sj.de-line which is heretofore regulated and shall not be
applicable to side-lines running along an alley.
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Section 11.
Herea.fter no building shall be erected or structurally altered
for any use other than that presently existing unless off street
automobilE! parking space has been provided in accordance with the
following schedule:
SINGI~ FAMILY DWELLINGS: One car space for each dwelling, on
the same lot with the main building.
MULTIPLE DTWELLINGS: One car space for each of the first twelve
family units and one car space for every two family units in
exce~~s of twelve.
HOTE]~S, APARTMENT HOTELS, APARTMENT HOUSES, BOARDING HOUSES AND
ROOMING HOUSES: One parking space for every two individual guest
rooms or suites for the first twenty such rooms or suites, and
one parking space for every four guest rooms or suites in excess
of t,,,enty.
FRAT]~NITIES, SORORITIES, STUDENT HOUSES OR DORMITOR IES : One
park:lng space for every four beds.
HOSPITALS, WELFARE INSTITUTIONS AND INSTITUTIONAL HOMES: One
park:lng space for every 500 square feet of gross floor area.
TOURIST COURTS: One parking space for every individual sleeping
or l:1ving. unit.
COMMJrmCIAL BUILDINGS: One parking space for every 75'0 square
feet of gross floor area in said building, exclusive of floor
area used for car parking space.
PROFJ1~SSIONAL BUILDINGS: One pe,rking space for every 350 square
feet of gross floor area in said building, exclusive of floor
area used for car parking space.
INDUSTRIAL BUILDINGS: One parking space for each 1,000 square
feet of gross floor area in said building, exclusive of floor
area used for car parking space.
CHURCHES, AUDITORIUMS, STADIUMS, THEATERS, CLUBS, HIGH SCHOOLS,
EDUCATIONAL INSTITUTIONS, AND SIMILAR PLACES OF ASSEMBLY: One
parking space for every ten seats provided in said bUilding,
auditorium or assembly room.
Whenever the parking space requirements contained in this
schedule are oppressive or create undue hardship in respect to any
specific building or premises, such requirement may be modified by
the Plann.ing Commission after due consideration of the hardship
involved if the variation does not defeat the general purpose of the
parking s:pa.ce requirement.
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Section l2.
That any person, firm, or corporation violating any of the
provisions of this ordinance shall be guilty of a misdemeanor, and
upon convj~ction thereof shall be punishable by a fine of not more
than Two hundred and no/lOO ($200.00) Dollars or by imprisonment in
the city ;Jail for a period of not exceeding thirty (30) days, or by
both such fine and imprisonment. Such person, firm, or corporation
shall be deemed guilty of a separate offense for each and every day
during an:r portion of which any violation of this ordinance 1s
committed, continued, or permitted by such person, firm or corporation.
Any build:tng or structure erected, constructed, converted, altered, or
moved to ~:t new location, contrary to the provisions of this ordinance,
shall be, and the same is hereby, declared to be a public nuisance,
and the City Attorney of the City of Ashland shall immediately
commence Jaction or proceedings for the. abatement, or removal, or
enjoinment thereof, in the manner provided by law, and shall take
such other steps and shall apply to such court or courts as may have
jurisdiction, to grant such relief as will abate and remove such
building or structure, and restrain ~nd enjoin any person, firm, or
corporation from erecting, constructing, converting, altering, adding
to, enlarging, or causing to exist any building, structure, or thing
contrary to the provisions of this ordinance. The remedies provided
for herein shall be cumulative and not exclusive.
Section l3.
That. Ordinance No. l053 and all ordinances or parts of ordinances
in confli.ct herewith are hereby repealed.
Section 14.
That since the original Zoning Ordinance No. 1053 has been
frequently amended and it has been deemed desirable to submit an
ordinancE~ containing in one ordinance all the zoning laws of the
City of Ashland, and it is further desired that there shall be no
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time gap during which there would be no zoning regulations within
the City, and it further being declared that the changes in Ordinance
No. 1053 are immediately necessary for the benefit of the people and
City of Ashland, an emergency shall be, and the same is hereby,
declared to exist, and this ordinance shall be in full force and
effect from and after its passage by the Council and approval by
the Mayor.
The foregoing ordinance was duly passed, under a suspension of
the rules, at a regular meeting of the Common Council held on the
29 day of September, 1959, the vote being as follows:
Ayes_ 5
Nays_ 0
Approved: ~~~~
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Mayor
To all of which I hereby certify:
1r,' rf'. /J~
Recor<ier