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HomeMy WebLinkAbout1261 Zoning Ordinance r -1- Beginning at a point on the Southerly line of Church S' reet, 150 feet Southwesterly from the intersection of the Westerly line of North Hain Street with the Southerly line of urch Street; thence Easterly and parallel with North l~in treet to the Easterly line of Granite Street; thence Southe ly and parallel to North Main Street and the Plaza to the No th 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 Mai~l 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 ipter- section with the Easterly line of Lithia Way; thence poutherly along said Easterly line of Lithia Way to an intersec~ion with the Northerly line of Siskiyou Boulevard; thence along said Northerly line to the West line of Sherman Street; tbence North along said West line to a point 200 feet South of the South line of East l~. in Street; thence Easterly and iarallel to said South line of East Main Street to the West 1 ne of Garfield Street; thence N0rth along said West line t the North line of EB st Main Street; thence vlesterly alan said North line to the East line of North Mountain Avenue thence North along said East line 200 feet; thence Westerly and I Business District, described as foll.)ws: ZONE NO.1. (a) ~ \. districts as follows: I That for the purposes hereinafter set forth, and for regulating, classifying and restricting the locating of mlildings, for th~~ purpose of regulating and controlling the uses of properties in the ,City of I Ashland, Oregon, said City of Ashland is hereby divided intJ, zones or That this ordinance shall be known and designated, and herein- after referred to, as the "Zoning Ordinance of the City of Akhlandtf. Section 2. Section 1. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: An ordinance zoning the City of Ashland into three distrlcts or zones; rezoning certain areas within the City of Ashland; pre"'cribing the uses to which property in said zones may be put or used; reating building set-back lines; regulating and restricting the alter tion and construction of buildings within said zones; providing th penalties for violation thereof; repealing all ordinances or parts of 0 dinances in conflict herewith; repealing Ordinance No. 1053 and all am ndments thereto; and declaring an emergency. ORDINANCE NO. /2 ~ I () Also, begip~ing at the intersection of the North line of Wimer Street and the West line of North Nain street; thence We~:t along the North line of Wimer Street 200 feet; thence Northwesterly and parallel to North Main Street to the easterly line of Fo}: Street; thence Northerly along Fox Street extended to the SoutheI'ly right-of-way line of the Southern Pacific Railroad; then~e South- easterly 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 1'lest side of said alley to the North line of Hersey Street; thence Westerly along said line to Easterly line of North Main Street; thence 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 Horth along said East line 200 feet; thence Easterly and parallel to Siskiyou Boulevard and Ashland Street (Highway #66) to the East City limits line; thence South along said ci::'l limits ,*ix;e 460 :r,eet; thence Westerly and paral~el. to As~and Street ((H~ghWay #66) to the Northerly line of SlsklYOU Boulevard; thence 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 Boulevard; thence Westerly along said North line to the Bast City limits line; thence N~rth 150 feet; thence Westerly and parallel to Siskiyou Boulevard to a point 216.6 feet East of Walker Avenue; thence North to a point 200 feet South of the South line of Ashland Street; thence Westerly and parallfl to said South line to an intersection with the South lin~ of Siskiyou Boulevard; thence \vesterly along said South linH to an intersection with the East line of Indiana Street; th~nce South along said East line to the point of beginning. Also, that certain area embraced in Lots 1, 2 and 3 of Block "Ctt of Boulevard Park Addition to the Ci ty' of Ashland. parallel to East Main Street to a point halfway between Flourth and Fifth streets; thence Northerly and parallel to Fourth Street to a point 125 feet South of the South line of "At1 street; thence Westerly and parallel to said South line of "AIt Street extended to a point halfway between Water Street and Oak Street; thence Southerly and parallel to Oak Street to a point or:. the South line of "B" street; thence Westerly along said South line of "Btt Street extended to the East line of Helman Street; thence Southerly along said East line to an intersection with the Easterly line of North Main Street; thence at right anglE!s to said Easterly line of North l~in Street, Westerly 210 fe1t; thence Southerly and parallel to North Main Street to thi point of beginning. -2- W-1- /P " " (b) ZONE NO.2. Industrial District, described as follows: Beginning at an intersection of the Northerly right-of-way line of the Southern Pacific Railroad and the South line of Hersey Street;' 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; thence Easterly and parallel to said North line to East City limits line; thence South along said City limits IL~e to Southerly right-or-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 Westerly 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 ttBtt Street; thence West along said North line to an angle East of Eighth Street; thence North to a point 125 feet South of "A" Street extended; thence vJesterly and parallel to ttAU Street extended to a point halfway between Oak Street and Water Street; thence Southerly and parallel to Oak Street to a point on the South line of "B" 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-way line of the Sou.tbe;rn Pacific Railroad; thence Northwesterly along said right;,;of;"way line to the point of beginning.. _."<,. ~~..-:.,_'"" ...".:<:...,::,,~~~'....,t:.......o.r_~f~;."i" .~."":'1.....~"'~~ ,_~., (c) . 201m NO'. 3. Re~idential District, described as follows: All areas within the City of Ashland not included in Zone No.1 and Zone No. 2 described above. ~ 1 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. -3- -4- established. construction, repair, or alteration of any building which is being prepared and planned for use contrary to the zone limitations herein That no building permit shall be issued which shall permit the Section 6. 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. 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. Professional buildings in Zone No. 3 may have signs not larger than two square feet in area exclusive of their posts, supports or ---;:;'~"'f"""'~"~~-"'''"' mountings provided there is no lettering on such, and also not to exceed 36 inches in width, which may be located on or away frcm 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- Zone NO.1: That in Zone No.3, Residential District, there shall only be permitted dwellings, apartments, hotels, public bUildings, schools, and churches, with the right of occupants of dwellings and apartments to use such buildin.gs 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 office buildings shall be first submitted to the Ashland Planning Commission for approval to insure that such buildings will maintain aesthetic conformance with s11rrounding property. In the event any dispute shall arise as to permitted use in any zone, such dispute shall be determined by the Common Council, after recom- mendation by the Planning Commission. Section 4. ". ~ -5- 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 prohil>ited unless application for such repair or alteration is presented to the Common Council and approved by such body. Any premises which were used for business purposes on June 18, 1946, may be used for other nonconforming business if an application be made to the Common Council and approved by it, but nothing contained herein shall permit an --industrial use ever to be granted in Zones No.1 and 3, nor shnll any permit for change of use be granted if by so doing insuran(~e rates on adjoining properties are increased or if a nuisance by reason of noise, odors, 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 ~he nonconforming 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 repair ,3, shall be performed on the lot, including, but not limited to, sale of Section 7. That nothing contained herein shall be construed to have any application as to keeping of animals or fowls within the limits of the City of Ashland. -6- motor vehicles or sale or installation of parts, accessories, fuels or lubricants. 4. Each parking area shall have a properly maintain~d and suitably landscaped strip of shrubs or grass adjacent to lot lines bordering conforming users' property or streets or alleys. ,. Each parking area shall be improved with a dust free and all weather surface, and any lighting shall be arrang~d so that the source is not visible from, nor glare produced upon, any adjacent lot being used in conformance with the zoning orliinance. 6. Access ways for vehicles (entrances and exits) to the parking 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 ttexit" or "entrancett. No sign shall be more than two square feet 1n face area. Signs visible from the interior of the lot area shall not exceed in number, size or content those allowable external to the parking area. 8. Any parking area established in a residential area shall conform to the setback requirements of Sections 9 and 10 hereof, 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 distance 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 -7- That no residence or building shall be constructed in Zone No. 3, Residential District, closer than four (4) feet from any property side-line, except that this section shall not be applicable to the street side-line which is heretofore regulated and shall not be applicable to side-lines running along an alley. 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 (16!) 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 (16t) feet. Section 10. feet from the street side-line. Any dispute as to the amount of buildings shall be constructed at least sixteen and one-half (16t) on which the proposed building is to face; provided, however, that on new streets or streets without established set-back lines all line of existing residence buildings in the block facing the street which is not less than the average distance from said street side- That set-back lines for new building construction in Zone No. 3 are hereby established as a distance from the street side-line Council for establishing an off-street parking area under the pro- visions of this Section must be accompanied by a detailed plan of the proposed parking area, with full details and other parking lot requirements listed in (b) above. Section 9. attractiveness of the general area. (c) That any request to the Planning Commission and the Common greater than six feet if in the opinion of the Common CourCil such requirement would substantially contribute to the aelsthetic -8- 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 Planning Commission after due consideration of the hardship involved if the variation does not defeat the general purpose of the parking space requirement. INDUSTRIAL BUILDINGS: One parking space for each l,OOO square feet of gross floor area in said building, exclusive of floor area used for car parking space. HOSPITALS, WELFARE INSTITUTIONS AND INSTITUTIONAL HOMES: One parking space for every 500 square feet of gross floor area. TOURIST COURTS: One parking space for every individual sleeping or living. unit. COMMERCIAL BUILDINGS: One parking space for every 750 square feet of gross floor area in said building, exclusive of fLoor area used for car parking space. PROFESSIONAL BUILDINGS: One parking space for every 350 square feet of gross floor area in said building, exclusive of floor area used for car parking space. HOTELS, APARTMENT HOTELS, APARTMENT HOUSES, BOARD ING HOUS~S 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 twenty. FRATERNITIES, SORORITIES, STUDENT HOUSES OR DORMITORIES: One parking space for every four beds. Hereafter 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: SINGLE FAMILY DWELLINGS: One car space for each dwelling, on the same lot with the main building. MULTIPLE DWELLINGS: One car space for each of the first twelve family units and one car space for every two family units 1n excess of twelve. Section 11. -9- Section 12. That any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Two hundred and no/lOa ($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 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, shall be, and the same is hereby, declared to be a public nuisance, and the City Attorney of the City of Ashland shall immediatel~' commence action or proceedings for the abatement, or removal, or enjolnment 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 su.ch 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 13. That Ordinance No. 1053 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 14. That since the original Zoning Ordinance No. 1053 frequently amended and it has been deemed desirable to submit ordinance containing in one ordinance all the zoning laws of City of' Ashland, and it is further desired that there shall bEl no /)y;~. 4~ Recorder To all of which I hereby certify: Approved: m l4 t,~ t3 t 7luD -- ~ ~- _ Mayor The foregoing ordinance was duly passed, under a suspension of the rules, at a regular meeting of the Common Council held on the ~9 day of September, 1959, the vote being as follows: A~s~ ~~ 0 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 hereb~', 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.