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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