HomeMy WebLinkAbout2406 Amends Nonconforming Uses
ORDINANCE NO. 2406
AN ORDINANCE AMENDING SECTION 18.68.090 OF THE ASHLAND
MUNICIPAL CODE WITH RESPECT TO NON-CONFORMING USES.
THE PEOPLE: OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.68.090 of the Ashland Municipal Code shall be
amended bY' adding a new subsection ~ thereto which shall read as
follows:
C. REACTIVATION: A non-conforming use, which has been
abandoned for a period of more than six months may be reacti-
vated to an equivalent or more restricted use through the
Conditional Use and Site Review process. In evaluating whether
or not to permit the reactivation of a non-conforming use, the
Planning Commission, in addition to using the criteria required
for a Conditional Use Permit and Site Review, shall also use the
following additional criteria:
1) That any improvements for the reactivation of the non-
conforming use to an existing non-conforming structure on
the site shall be less than 50% of the value of the struc-
ture. The value of the structure shall be determined by
either the assessed value according to the Jackson County
assessor or by an independent real estate appraiser
licensed in the State of Oregon. Personal property neces-
sary for the operation of the business or site improvements
not included in the structure shall not be counted as
improvements under this criteria.
2) An assessment that the traffic generated by the.pro-
posed use would not be greater than permitted uses on the
site. In assessing the traffic generated by the proposed
use, the Planning Commission shall consider the number of
vehicle trips per day, the hours of operation, and the
types of traffic generated, i.e., truck or passenger
vehicle. The Planning Commission shall modify the Condi-
tional Use Permit so that the operation of the non-
conforming use is limited to the same traffic impact as
permitted uses in the same zone.
3) That the noise generated by the proposal will be miti-
gated so that it complies with the Ashland noise ordinance,
Chapter 9.08.170, and also that it does not exceed the
average ambient noise level already existing in the area,
as measured by this standard.
4) That there will be no lighting of the property which
would have direct illumination on adjacent uses and that
there would be no reflected light from the property greater
than the amount of reflected light from any permitted use
in that same zone.
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5) In a residential zone the findings must further address
that such reactivation will further implement Goal VI,
Policy 2, Housing Chapter of the Ashland Comprehensive
Plan.
6) Nothing herein shall apply to non-conforming signs,
which are governed by the provisions of Section 18.96.150
of this Code.
SECTION ~~ The present subsection C shall be retitled subsection D.
The foregoing ordinance was first read on the ~ / at- day of
//1) +-1 . ,16ft
fJ/(vL4-fL.(l___~~ , 1986 and duly PASSED and ADOPTED thJ.s:r.... day of
~~ , 1986.
~ ~ 7tu~
Nan E. Frcui.klin
City Recorder
SIGNED and APPROVED this r:; d-- day of ~-??Z-~~
, 1986.
~ ~~ ,?Jte~
L. Gordon Medaris
Mayor
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