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HomeMy WebLinkAbout1053 Establish Zoning Districts ORDINANCE NO. 1053 .An ordinance zoning the City of .A.shland into four districts or zones; prescribing the uses to which property in said zones may be put or usE~d; creating building set-back lines; regulating and restricting the alter~..tion and construction of buildings within said aones; providing the penal1~ies for violation thereof; repealing all ordinances or parts of ordinancen in conflict therewi th; and declaring an amergenc7. THE PJX.>PLlC OF THE CITY OF AS1:ILAND 1D ORWlf AS FOLLOWS: Section 1. That this ordinance shall be 1a:own arid designated, and herein- after ref~srred to, as the "Zoning Ordinance of tbe Citl of Ashland". Section 2. That for the pu.rposes hereinafter set forth, and for regulating, classifytBg and restricting the location of buildings, for the purpose of regu.lating and controlling the uses of properties in the Oi ty of .A.shland, Oregon, said Ci ty of Ashland is hereby divided into zones or districts as follows: <a) ZONE NO.1. Central Business District, described as follows: That certain area included in a lOO-foot strip adjacent to t,he southerly side of Main Street in ~locks 1 and 4, Original Town. of Ashland; That certain area included in the southerly half of Blocks 3 8XJ~d 17, Original Town of Ashland; The. t certain area included in that part of Block 19, Chi t- wooel Tract, south of the alley between Oak and Pioneer Streets, and in the area included in a strip 100 feet wide north of said allE.,.y; That certain area bounded b7 Main, Pioneer, Third and itC" S trE~e ts ; That certain area included in a lOO-foot strip adjoining the north side of "C" Street between Pioneer and !bird Streets; That certain area south of the east and west alley in :Block "P", :Railroad Add! tion; That certain area in a lOO-foot strip on the northerly side of ~Si8ki7ou :Boulevard between East Main Street and Sherman Street; That certain area included in a strip of land 100 reet in width adjacent to the souther11 side of Kaln Street between the Plaza and aresham Street; )r ftaat certa1n area 100 feet ride on each side of Fourth Street bet,,,een "Au and ":8" Streets, but south of the alleJWa1 north of Lot,s 13 and 34 in Block "0" and .. rJt, Railroad Addition. I 1 I ,I (b) ZO!E 1'0. 2. )larginal Business District, described as follows: Tha t certain area bounded b7 Borth Main Street, Glenn Streut, and the Southern Pacific BAl1road Right of la1; Tbat certain area contained in a strip of land 200 feet wide ~ south of North Main Street and between Fox. and Grant Stre.~ ts; That certain ~ea embraced in Lots 1, 2 and 3 of Block 12, Orig:inal 'fown of Ashland; That certain &rea embraced in a roO-foot wide strip north of S:iskiJOu Boulevard between Palm .A.venue and Normal Avenue; That certain area embraced in Lots 1, 2 and 3 of Block "Cn, Boul1lvard Park Addi tion; That certain &rea embraced in Lots 1 and 2 of Block ".A.", Meikle & Pa1J18 Add! tion, and a strip 100 feet in width adjoining the south side of Siskiyou Boulevard between Block "A", said A4di tion, and eas t ci ty 1imi ts. (c) ZOO NO.3. Industrial District, described as follows: The Borth Balf of Block 17, and all of Blocks 18, 27 and 29, Original !own of .A.shland; the Wea ter11 Half and the north- erl~' 150 feet of Block 15, Original Town of Ashland; That certain area included in a strip of land 125 feet south of "An Street, thro~utits entire length; That certain area south of Hersey Street ,between Oak and a line rwming due north from the easterly ~ide of Eighth Street; That certain area embraced in a 8 trip 200 feet wide north of tihe Southern Pacific Bailroad Compan1 tight of Wa1, between nor1ih and. sou th line mentioned in paragraph above, and eas t ci ty l1nd. ts ; That certain area immediately south of the Southern Pacific Bailroad Compan1 Right of lay between Eighth Itreat and Mountain A.veIlU8 ; !hat certain area bounded br Mountain Avenue, East Main StrEtet, and the Southern Pacific Railroad Right of 1'a7; That certain area between Garfield and California Street, 1mmndiate17 south of East 14ain Street but north of a line drawn ea.1~ and weat 250 teet south of intersection of east side of Garj:ield Street with last Main Street; That certain area immediatelY' south of the Southern Pacific Bailroad Right of Wa,., 225 feet in width, b.tween Californ:ia Street and _.at citY' limits. (d) ZONE NO.4. Residential Distric't, described a.s follows: All areas wi thin the Oi ty of Ashland, not includ.ed in Zon'$ )1'0. 1, Zone 10. 2 and Zone 10. 3, described above. . Section 3. fhe regulations and restrictions applicable to the various zones sh&Ll be as follows: Zone Ho. 1. That in Zone No.1, Central Business Diat:rict, there shall onl7 be permi. tted the uses specified in Z~)ne. 10. 4, together wi th wholesale and retail business, public buildings, armories, ~ages, service stations, theaters, banks, newspaper and printing plants, shops, proflBssional offices, insurance end real es tate offices, restil.urants, hotels, schools and ehvches. Zone No.2. That in Zone No.2, Marginal Bus1Dess District, the same uses are permitted as in Zone No.1, exce:pt that auto courts shall be permitted in this zou. Zone 1'0. 3. That in Zone No.3, Industrial District, there shall be permitted all the uses of Zones 1, 2 and 4, together with factories, miUs, aanufacturiD.g, wrecking ~d8, juDk yards, wood J'8.rds, boiler works, canneries, packing houses, and gasoline distributing plants or wholesale stations. Zone 1'0. 4. That in Zone No.4, Residential District, there shall onlr be perm t ted dwellings, apartments, hotels, public buildings, schools, and churches, with the right of occupaats of dwellings and apartments to use such buildings for such professions and occupations as are ordinarily carried on in a private home. In the event any dispute shall arise as to permi t ted use in any zone, such dispute shall be determined by the COlllnon Council, after recommendation b7 the Planning Com.ti.8s1on. Section 4. ~t no commercial or professional signs shall be permitted in Zone No. ~ larger than six inches bY' twenty-four inches. Section 5. ~t the map attached hereto, on which is designated the various sones established under this ordinance, is hereby referred to and made a par thereof. Section 6. That no building perm t shall be issued which shall permit the construction, repair, or alteration of &nl building which is being prepared and plazm,ed for use contrary to the ZODe limitations herein established. Section 7. That nothing contained herein shall be construed to have any- applicati1:>n as to keeping of animals or fowls wi thin the limi ts of the Ci ty of' A!shlaD.d. Section 8. That the lawful use of land ens ting at the time of the passag1t of this ordinance, although stICh use does not conform to the provisions hereof, may be continued, but if discontinued in the future, then any re-use, or new use, shall be in conformity to this ordinance. The repair or alteration of any building housing a non-conforming use thereof shall be permitted if the building area is not enlarged, nor the use changed to some othe:r non-conforming use. When a building having a non-conforming use is damaged by fire or other cause so that the total deterioration exceeds eighty per cent of the cost of replacing the building usina new materials" then such building shall not be rebuilt, unless such building in its cc~nstruction and uses conforms fully to the requirements of this ordinancE! and 0 the r ordinances of the Oi ty as applied to new buildings and uses in the district in which it is located. When a non-conforming use builcling is damaged by fire, re"bUilding, if permitted herein,shall coumence wi thin six months if the new building is to be used for the same use as b..fore the fire. ~-- ~ !hat set-back lines for new building construction in Zone No. If are herel:>y established as a distance from the street side-line which is not less than the average distance from said street side-line of existing resldenc41 buildings in the block: facing the street on which the proposed building is to face. Any dispute as to the amount of set-back required is to be determined by the 01 tT Engineer, with right of appeal to the City Cout1cil and Planning Coumission. Section 10. Tbat anl person, firm, or corporation violating any of the provisio:ns of this ordinance shall be gtlil ty of a misdemeanor, and upon convictioll thereof shall be punishable by a fine of not more than Two Hundred (;$2<)0.00) Dollars or by imprisonment in the city jail for a period of not exceeding thirty (30) days, or by both such fine and imprisonment. Su.ch person, firm, or corporation shall be deemed guilt1 of a sepa:ra~ offense for each and every day during any portion of which any violation of this ordinance is committed, continued, or permitted by such person" firm, or corporation. Any building or structure erected, constructed, converted, altered, or moved to a new location, contrary to the provisions of this ordinance, s~ll be and the same is hereby declared to be a public nuisance, and the City Attorney of the City of .A.shland shall immediately commence action or proceedings for the abatement, or removal, or enjoinmen t thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdict,ion, to grant such relief as will abate and remove such building or struct;ure, and restrain and enjoin any person, firm, or corporation from erec:tlng, constructing, converting, altering, adding. to, enlarging, or causiILg to exist any building, structure, or thing contrary to the provislotLs of this ordinance. The remedies provided for herein shall be cumulati.,re and not exclusive. Section 11. That all ordinances or parts of ordinances in conflict herewith are here 1)1 repealed. Section 12. That inasmnch as it is deemed necessary for the public peace, heal th a11d safe ty of the ci tizens of the Ci ty of Ashland, in view of the extenslTI~ building construction now going on within the City, that such construc'tion be regulated in order to provi.de an orderly and planned developmant of the 01 ty, and prevent damage to property values already built up, 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 b~r the Counci 1 and approval by the Yayor. APPROVED this 18th day of June, 1946. MAmlt To all of which I hereby certify: (I~. ~ U :aECORDlli