HomeMy WebLinkAbout1856 Amends Zoning Ordinance
ORDINANCE NO. 1856
AN ORDINANCE AMENDING ORDINANCE NO. 1361, THE ZONING ORDINANCE OF THE
CITY OF ASHLAND AND TITLE 18 OF THE ASHLAND ~lUNICIPAL CODE RELATIVE
TO HOME OCCUPATIONS, AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
S:E~CTION 1. Section 18. 16.030 (A) of the Ashland Municipal
Code is hereby deleted.
SgCTION 2. Section 18.20.030 (A) of the Ashland Municipal
Code is hereby dele.ted
SECTION 3. Section 18.24.030 (A) of the Ashland Hunicipal
Code is hereby deleted
SECTION 4. A new chapter 18.55 shall be added to the Ashland
Municipal Code which shall read as follows:
SECTIONS:
18.55.010
18.55.020
18.55.030
18.55.040
18.55.050
18.55.060
18.55.070
"Chapter 18.55
HOME OCCUPATION PERMITS
Purpose and Scope.
Application requirements.
Approval by the staff advisor.
Referral to the Planning Commission.
Appeal.
Effect.
Review and enforcement.
18.55.010 Purpose and Scope. The purpose of this chapter
is to encourage family enterprises within the home. Such business enter-
prises or home occupations are permitted in all the residential districts
provided the proposed occupation satisfies the definition of home
occupation and meets the requirements of this chapter, and any other
appropriate City of State regulations.
18.55.020 Application requirements. Any member of a
family occupying a dwelling may make application with the staff advisor
to the Planning Commission. Such application shall contain a legal
description of the property; a description of the proposed home occupation;
a petition with the approval of all the adjacent property owners or
their representatives and two thIrds (2/3) of the remaining property
owners or their representatives within two hundred (200) feet of the
exterior boundaries of the subject property; and a filing fee of five
dollars ($5.00), no part of which is refundable. For the purpose of this
Ordinance No. /g~-'6
-1-
chapter family shall be defined as an individual, or two (2) or more
persons related by blood, marriage, legal adoption, or guardianship
living together in a dwelling unit.
18.55.030 Approval by the staff advisor. In order to
grant a home occupation permit, the staff advisor to the Planning
Commission must find that the application satisfies the following
definition or standards for home occupations.
A. The occupation must be carried on within a building
by members of the family occupying the dwelling.
B. The residential character of the building or garage
must be maintained.
C. The occupation must be conducted in such a manner as
not to give an outward appearance nor outwardly manifest
any characteristic of a business.
D. The occupation must not infringe upon the right of
neighboring residents to enjoy the peaceful occupancy
of their homes.
E. The occupation must no.t involve the retail sale of
a product or service on the premises.
18.55.040 Referral to the Planning Commission. Whenever
there is a question as to whether an application satisfies the home
occupation standards or an application does not receive approval from
the required number of property owners, the staff advisor and/or the
applicant shall refer said application to the Planning Commission for
their consideration. Such consideration shall be in accordance with
sections 18.56.010, 18.56.030, 18.55.030, and 18.56.040 (B) and (C).
18.55.050 Appeal. Appeals shall be governed by the
provisions of section 18.56.050.
18.55.060 Effect. The home occupation permit and the
accompanying business license shall not be issued until a seven (7)
working day appeal period has elapsed. An appeal shall C\utornatt'cally.
stay the issuance of the permit until such appeal has been completed
and the Planning Commission or Common Council has acted thereon. In
the event the Commission or Council acts to grant said permit, the
permit along with the business license may be issued immediately thereafter.
18.55.070 Review and Enforcement. The granting of home
occupation permit shall be subject to an ~nnual review by the
staff advisor. If at each review it is determined the home occupation
requirements are not being completely fulfilled, the staff advisor may
refer said permit to the Planning Commission in accordance with sections
18.56.010, 18.56.030, 18.55.030, and 18.56.040 (B) and (C).
SECTION 5. Section 18.16.020 of the Ashland Municipal Code is
hereby amended to add thereto a new subsection to read as follows:
nEe Home occupations when authorized in accordance with
Chapter 18.55."
Ordinance No. Lf.~.l-
-2-
I ~
SECTION 6. Section 18.20.020 of the Ashland Municipal Code is
hereby am;=nded to add thereto a new subsection to read as follows:
"F. Home occupations when authorized in accordance with
Chapter 18.55."
SECTION 7. Section 18.24.020 of the Ashland Municipal Code is
hereby amE~nded to add thereto a new subsection to read as follows:
"F. Home occupations when authorized in accordance with
Chapter 18.55."
SECTION 8. Section 18.28.020 (D) of the Ashland Municipal
Code is hE~reby amended to add thereto a new portion to read as
follows:
I'...when authorized in accordance with Chapter 18.55."
SECTION 9. Section 18.08.230 of the Ashland Municipal Code
is hereby-amended to add thereto a new portion (shown in quotes) to
read as follows:
"...A home occupation does not involve the retail sale
of a product 'or service' on the premises."
of ,~l 1- Y
d// A/E.
SECTION 10. 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
force and effect from and after its passage by the Council and
approval by the Mayor.
The foregoing Ordinance was first read on theJ~~ day
, 1975 and duly PASSED and ADOPTED this J~~ day of
, 1975.
Q /- /2 tl .-/~
/ i" 'Il?/ ,,4;,- ~v
/,JOSE~H M. BUTLER
C,/CITY RECORDER
SIGNED and APPROVED this ,~d day of iff/vii ,1975.
Ordinance No. L 'i_?~b
-3-