Ashland City Zoning Code
TITLE SEVEN
Zoning Districts and Map; Amendments.
1141.01 USE DISTRICTS.
In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes; to regulate and restrict the height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces, the amount of parking spaces and the density of population, the City is hereby divided into thirteen districts, known as:
R-L Residential Districts
RL-2 Residential Districts
RL-3 Residential Districts
R-A Residential Districts
R-S Residential Districts
R-M Mobile Home Residential Districts
S-U Special Use Districts
B-1 Neighborhood Business Districts
B-2 General Business Districts
B-3 Highway Service Business Districts
M-1 Light Industrial Districts
M-2 Heavy Industrial Districts
M-3 Industrial Park Districts.
M-4 Industrial and Business Park District.
(Ord. 24-66. Passed 4-5-66; Ord. 29-69. Passed 4-29-69; Ord. 57-69. Passed 6-24-69;
Ord. 44-81. Passed 12-1-81.)
1141.02 DISTRICT MAP.
The boundaries of the districts are shown upon the Map which is made a part of this Zoning Code and is designated as the District Map. The District Map with all the notations, references and other information which is shown thereon shall have the same force as if it were fully set forth or described herein. The District Map is properly attested and is on file with the City Clerk. (Ord. 24-66. Passed 4-5-66.)
1141.03 BOUNDARIES OF DISTRICTS.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made a part of this Zoning Code, the following rules apply:
(a) The district boundaries are either streets or alleys, unless otherwise shown; and where the districts designated on the Map accompanying and made a part of this Zoning Code are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district;
(b) Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; and where the districts, designated on the Map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts, unless the boundaries are otherwise indicated on the Map; and
(c) In unsubdivided property, the district boundary lines on the Map shall be determined by use of the scale appearing on the Map.
(Ord. 24-66. Passed 4-5-66.)
1141.04 ANNEXED LAND; CLASSIFICATION.
Upon annexation of territory to the existing Municipal corporation of the City, the zoning regulations then in effect shall remain in full force, administered by the Building Inspector or his authorized representative, until Council shall either officially adopt the existing zoning regulations or enact new regulations for such territory.
1141.05 VACATED PUBLIC WAYS; CLASSIFICATION.
Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and be subject to all appropriate regulations of the extended districts. (Ord. 24-66. Passed 4-5-66.)
1141.06 USE DISTRICT; GENERAL REGULATIONS.
Except as hereinafter provided:
(a) No land may be used except for a purpose permitted in the district in which it is located.
(b) No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered:
(1) To be used except for a purpose permitted in the district in which the building or land is located;
(2) To exceed the height limit herein established for the district in which the building is located; and
(3) Except in conformity with the regulations of such district.
(c) The minimum yards, parking space and open spaces, including lot area per family, required by this Zoning Code, or required for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any building, nor shall any lot area be reduced below the requirements of this Zoning Code except as specifically provided in this Zoning Code.
(d) In residential districts, there shall be no more than one main building located on one lot or tract, except as hereinafter provided, and when plans and plot plans for the entire complex are submitted and approved by the Planning Commission.
(e) Trailers are permitted to be permanently placed or occupied only in the R-M Residential District and only for the uses permitted in that District, except as provided in Section 1155.02
(d).
(Ord. 29-69. Passed 4-29-69.)
1143.01 REQUIREMENTS FOR CHANGE.
Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, and after consideration by the Planning Commission, Council may by ordinance change the regulations set forth in this Zoning Code and may change the zoning districts as established on the District Map.
(Ord. 24-66. Passed 4-5-66.)
1143.02 APPLICATION FOR OR INITIATION OF CHANGE.
A proposed change of district or of text may be initiated by the Planning Commission, the City Council or by an application of one or more owners of property within the area proposed to be changed.
Any communication purporting to be an appeal shall be regarded as mere notice to seek relief, until it is made in the form required. Upon receipt of any such communication, the applicant shall be supplied with the proper form for presenting his appeal.
(Ord. 24-66. Passed 4-5-66.)
1143.03 PETITION AND HEARING BY PLANNING COMMISSION.
A petition and accompanying map, being a part of every application for changes in the district lines, shall be circulated by the applicant in the vicinity of the lot for which a change of zoning is requested. It shall be circulated to the owners of all property adjacent to, in the rear of, or across the street from the property for which a change of zoning is requested, and shall be checked by the administrative officer as to validity of signatures. Obtaining the signatures of adjacent property owners shall be merely indicative of their feeling in the matter and shall not be binding on the Planning Commission in any way.
If there appears to be doubt that all affected owners were canvassed with the petition, or if opposition to the change has been expressed by affected owners, then the Commission may hold a public hearing on the request after notifying all affected owners who had not signed the petition, by publication in one newspaper of general circulation in the Municipality, fifteen days in advance of the date set for the hearing.
The same procedure, rules and regulations, shall apply in the case of property owners protesting a change of zoning, except that the reasons for such protest shall be clearly stated on the petition prior to its circulation.
(Ord. 24-66. Passed 4-5-66.)
1143.04 DECISION BY PLANNING COMMISSION AND COUNCIL.
The Planning Commission may recommend that the change of zoning be approved as requested, or the Commission may recommend that a change of zoning be made other than that requested in the application and petition. This recommendation shall be forwarded to Council. Council shall then hold a public hearing within ninety days and take such action as it believes to be in the best interest of the City.
(Ord. 24-66. Passed 4-5-66.)
1143.05 DISAPPROVAL; APPEAL TO COUNCIL.
If the requested change of zoning is denied by the Planning Commission, any person whose property is included in the proposed change, or who is affected by a proposed change in text, may appeal to Council within twenty days of the time that action was taken by the Commission denying the requested zoning change. After Council has held a public hearing upon the application, it may overrule the recommendation of the Commission, but only by a three-fourths vote of the full membership of Council.
(Ord. 24-66. Passed 4-5-66.)
1143.06 DEPOSIT REQUIRED.
Before any action is taken upon application as provided in this chapter either by the Planning Commission or Council, the applicant shall deposit with the Commission the sum of ten dollars ($10.00) to cover the approximate cost of the procedure, and the Commission shall then deposit this amount with the City Treasurer, where it shall be credited to the General Revenue Fund of the City. The failure of either the Commission or Council to approve the change shall not be construed as any reason for refunding the deposit to the applicant.
1143.07 AMENDMENT OF THE DISTRICT MAP.
Not less than once a year following the effective date of Ordinance 24-66, passed April 5, 1966, all district changes recommended by the Planning Commission and established by ordinance of Council shall be incorporated into a revision of the District Map and established by ordinance after required notice and public hearing.
(Ord. 24-66. Passed 4-5-66.)