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HomeMy WebLinkAbout2453 Moratorium on approval of Planning Apps in geologic floodplains ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND DECLARING A MORATORIUM ON APPROVAL OF PLANNING APPLICATIONS AND BUILDING PERMITS IN THE GEOLOGIC FLOODPLAINS OF ASHLAND AND BEAR CREEK, AND DECLARING AN EMERGENCY I WHEREAS, The city has identified that flooding in the floodplains of Ashland and Bear Creek constitute an insufficiently documented hazard, and WHEREAS, the Council has adopted findings which identify a compelling public need to limit new construction in the geologic floodplain of Ashland and Bear Creek, NOW THEREFORE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1 Title. This ordinance shall be known as the Floodplain Moratorium Ordinance and may be so cited and pleaded. Section 2 Purpose and Intent. The purpose and intent of this ordinance is to prevent construction in the areas of the city that are subject to periodic flooding, and to provide for a time period whereby the city may develop permanent measures to limit development or eliminate flood problems in areas subject to periodic flooding, thereby protecting the public health, safety, and general welfare. Section 3 Scope. This ordinance shall be in effect in those areas identified in the map adopted as Exhibit "A", attached to this ordinance and by this reference herein incorporated. This ordinance shall control the issuance of all building permits and zoning permits within the area defined in exhibit "A". When this ordinance is found to conflict with any other applicable ordinances and laws, the stricter of the two shall apply. Section 4 Building Permits. No building permits may be issued for construction of habitable structures within the area defined in Section 3 of this ordinance, unless they have received a Physical and Environmental Constraints permit issued in accordance with section 18.62.040 of the Ashland Municipal Code prior to the effective date of this ordinance. Section 5 Planning Actions. No applications for Planning Actions which would permit habitable structures within the areas defined in Section 3 of this ordinance may be processed during the time this ordinance is in effect. Section 6 Construction in Public Rights of Way Exempted. Any construction performed by a public agency on the public right-of- way is exempt from the requirements of this ordinance. Section 7 Exemptions Exemptions to the provisions of this ordinance may be granted by the Council when, after proper notice and a public hearing, they find that there are no adverse impacts to the granting of a permit for construction of a habitable structure. Section 8 Duration This ordinance shall be in effect for 120 days from effective date of the ordinance. Section 9 Emergency Clause There being an immediate danger to the public peace, health, safety, and general welfare, an emergency is hereby declared to exist , and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. The foregoing ordinance was first read on the 7th day of June, 1988, and duly PASSED AND ADOPTED this day of 1988 Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1988 C ~ L. Gordon Medaris Mayor J t 1 1 ~s c II ,ice ! 1~ lo- l ~ l1 1 f/ Ashland & Bear Creek Floodplain Study ~,i mdMt'~ I WIM"