HomeMy WebLinkAbout1752 Amends Zoning Ordinance
ORDINA.NCE NO. 1752
AN ORDINANCE AlvlENDING ORDINANCE NO. 1361, \:lHICH PERTAINED TO THE ZONING
OF THE CITY OF ASHLAND.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOtIS:
SECTION 1. Section 39 (3) of Ashland Ordinance No. 1361
is hereby amended to read as follows:
"(3) Action by Zoning Ad;ustment Committee.
(a) In order to grant a conditional use permit,
the Zoning Adjustment Committee must find that
the establishment, maintenance or operation of
the use applied for will not, under th~ 'circum-
stances of the particular case, be detrimental to
the health, safety, peace, morals, comfort or
general welfare of persons residing or working in
the neighborhood of such proposed use or be
detrimental or injurious to property and improve-
ments in the neighborhood or to the general welfare
of the City.
(b) The Zoning Adjustment Committee may continue
a public hearing in order to obtain more informa-
tion or to serve further notice.
(c) The Zoning Adjustment Committee shall render
its decision within ninety (90) days after the
filing of the application."
SECTION 2. Section 39 (4) of Ashland Ordinance No. 1361
is hereby amended to read as follows:
"(4) Appeal.
(a) In case the applicant or other affected are
not satisfied with the action of the Zoning Adjust-
ment Committee, they may, within fifteen (15) days
after the Committee's action, appeal in writing
to the Planning Commission, setting forth the specif-
ic reasons for the appeal.
(b) The Planning Commission shall set a date for
a public hearing and shall give notice thereof in
the manner provided in Section 39 (2). Notice shall
also be given to the Zoning Adjustment Committee of
such appeal and the Zoning Adjustment Committee
shall submit a report setting forth the reason for
action taken, or shall be represented at the hearing,.
(~) ,The, P12.nnin~ \ommission shall, r~nder its decisior
wlthln Slxty (60; days after the flllng of such
appeal. Said decision shall include a finding as
to whether the qualifications under Section 39 (3)(a)
apply to the application.
(d) In case the applicant or other affected are
not satisfied with the action of the Planning
Commission they may, within fifteen 115) days after
the Commission action, appeal in writing to the
Common G.o1~ncil~ settdftg forth the specific reasons
for the appeal. .
-1-- Ordinance No.L2~~_, RONALD L. SALTER
ATTOF~Ni:::Y ;\.-r L,J.."V
70 NORTH PIONE:E:n GTRe:e:T
P. 0, BOX 72.7
ASHLAND, OREGON 97520
(e) The Common Council shall set a date for
public hearing and shall give notice thereof in
the manner provided in Section 39 (2). Notice
shall also be given to the Commission of such
appeal and the Commission shall submit a report
setting forth the reasons for action taken, or
shall be represented at the hearing.
(f) The Common Council shall render its decision
within sixty (60) days after the filing cf such
appeal. Said decision shall include a finding as
to whether the qualifications under Section 39 (3)(a)
apply to the application."
-.----.----
SECTION 3. Section 39 (5) of Ashland Ordinance no. 1361 is
hereby amended to read as follows:
"(5) ~ff~~t.
No building or zoning permit shall be issued in any
case where a conditional use permit is required
until fifteen (15) days after the granting of the
conditional use permit by the Zoning Adjustment
Committee, and then only in accordance with the
terms and conditions of said permit. An appeal
from the action of t~e Zoning Adjustment Committee
will suspend the issuance of such a permit until
the appeal has been completed and the Planning
Commission or Common Council, as the case may be,
has acted thereon. In the event the Council acts
to grant said conditional use permit, the building
or zoning permit may be issued immediately there-
after in accordance with such terms and conditions
as may have been imposed on said permit."
SECTION 4. Section 40 (3) of Ashland Ordinance No. 1361 is
hereby amended to read as follows:
"(3) Action by Zoning Adiustment Committee.
(a) Within ninety (90) days after the filing of
the application, the Zoning Adjustment Committee
shall render its decision, and shall make a written
finding of fact showing whether the qualifications
under Section 40 (1) (a), (b) or (c) apply to the
land or building for which variance is sought and
whether such a variance '\<7i1l be in harmony with the
general purpose of this ordinance.
(b) The Zoning Adjustment Committee may continue
a public hearing in order to obtain more information
or to serve further notice."
SECTION 5. Section 40 (4) of Ashland Ordinance No. 1361 is
hereby amended to read as follows:
-2-
Ordinance
"(4) A ]
, ppea -0
(a) In case the applicant or other affected are
not satisfied with the action of the Zoning Adjust-
ment Committee, they may, within fifteen (IS) days
after the Commi ttee 'i s action, appeal in \vri ting ,
tot he P 18 n n i n~ C,Qn~1i s s ion, set tin g for t 11 t 11 e s pee] f .,
RONALD L. ,._JA ~T_._" , r" l} 1
No.J_75"l... ATTORNEY AT LAW 1.C reasons Tor ",lC appeLt,..
70 NORTH PIONEER STHt::ET
P. O. BOX 727
ASHLAND,OREGON 97520
(b) The Planning Commission shall set a date for
a public hearing and shall give notice thereof in
the manner provided in Section 39 (2). Notice shall
also be given to the Zoning Adjustment Committee of
such appeal and the Zoning Adjustment Committee
shall submit a report setting forth the reason for
action taken, or shall be represented at the hearing.
(c) The Plannin~ Commission shall render its decisior
within sixty (60) days after the filing of such
appeal. Said decision shall include a finding as
to whether the qualifications under Section 40 (I)
(a), (b) or (c) apply to the application.
(d) In case the applicant or other affected are
not satisfied with the action of the Planning
Commission they may, within fifteen (15) days after
the Commission action, appeal in writing to the
Common Council~ setting forth the specific reasons
for the appeal.
(e) The Common Council shall set a date for
public hearing 2nd shall give notice thereof in
the manner provided in Section 39 (2). Notice
shall also be given to the Commission of such
appeal and the Commission shall submit a report
setting forth the reasons for action taken, or
shall be represented at the hearing.
(f) The Common Coun~il shall render its decision
within sixty (60) days after the filing of such
appeal. Said decision shall include a finding as
to whether the qualifications under Section 40 (1)
(a), (b) or (c) apply to the application."
SECTION 6. Section 40 (5) of Ashland Ordinance No. 1361 is
hereby amended to read as follows:
"( 5) Ef..J ect ._
No building or zoning permit shall be issued in any
case where a variance is required until fifteen (15)
days after the approving of the variance by the
Zoning Adjustment Committee, and then only in accord-
ance with the terms and conditions of said approval.
An appeal from the action of the Zoning Adjustment
Committee shall automatically stay the issuance of
the building or other permit until such appeal has
been completed and the Planning Commission or Council:
as the case may be, has acted thereon. In the event
the appeal is decided so as to uphold the granting
of the variance, the building or zoning permi~ may
be issued immediately after the time for appeal to,
Councilor the action by the Council has been taken
as the case may be, and in accordance with such terms
and conditions as may have been imposed on said
variance."
SECTION 7. That inasmuch as it is deemed necessary for the
public health, peace and safety of the citizens of the City of Ashland,
that the provisions shall be made immediately operative, it is hereby
declared that an emergency exists and this Ordinance shall be in full
-3- Ordinance NO.::..i2~~_ RONALD L. SALTER
ATI'onr',~[:Y AT Lr>.\v
70 NOHTH PIONE:eR STHE:E:T
P. 0, BOX 727
ASHLAND, OREGON 97520
force and effect from aud after its passage by the Council and approval
by the Mayor.
The foregoing Ordinance was first read at a regular meeting
of the Common Council held on the /7;t( day of t)c. T() IJf(f
,
, 1972, and
passed to its second reading and duly passed on the .~/~ day of~~~~~
1972, the vote being as follows:
Ayes: S-
Nays:_~_
Dated this ~7d day of 8cZ1~ , 1972.
APP;;?l?: / /~ ~
~YOR:/?1~
CITY~t?~
-.l~-
OrdinAnce no .i_",l__,__ RONALD L. SALTER
L:::- ATTOFU"UZV I\.'l~ L.AW
70 NORTH FiONEE:H STREET
P. O. DOX 727
ASHLAND, OREGON 97520