HomeMy WebLinkAbout3120 Homegrown Marijuana & Related Businesses
ORDINANCE NO. _j (,a D
AN ORDINANCE AMENDING CHAPTERS 18.2.2,18.2.3, 18.2.5, 18.3.2,
18.3.3, 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE
RELATING TO HOMEGROWN MARIJUANA CULITVATION AND
MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION,
PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE AND
DECLARING AN EMERGENCY
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined thr-ou and additions are bold underlined.
WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation
of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or
more persons 21 years age and older to have up to four marijuana plants at a household and
process, keep, and store limited amounts of homegrown marijuana and homemade marijuana
products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop
and implement a licensing process for commercial marijuana facilities including processing,
production, wholesale, and retail; and
WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015
legislative session including House Bill 3400 amending the Oregon Medical Marijuana Act
(OMMA) and Measure 91; and
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, under Oregon law, local governments may regulate the operation and location of
certain types of uses within their jurisdiction limits except when such action has been specifically
preempted by state statute; and
WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner
regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted
Ordinance No. Page 1 of 31
to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to
a city or county under it charter and the statues and Constitution of the state;" and
WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including
hours of operation, manner of operation, public's access to, and location on five types of
recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and
WHEREAS, the City Council determined it is necessary to establish rules and regulations
ensuring that both safe access to marijuana and land use compatibility are maintained; and
WHEREAS, the City Council determined there has been an increase in marijuana cultivation,
specifically in residential neighborhoods, because of an increase in medical marijuana grows
allowed by state law; and
WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an
increase in code compliance complaints regarding odor related to outdoor marijuana cultivation
as well as adverse impacts related to noise from mechanical equipment and lighting related to
indoor marijuana cultivation in accessory structures such as greenhouses; and
WHEREAS, the City Council determined it is necessary to establish rules and regulations for
marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and
general welfare of residential neighborhoods and neighboring properties; and
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on
October 27, 2015; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code and Land Use Ordinances on December 1,
2015 and December 15, 2015; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use
Ordinance is hereby amended as follows:
Ordinance No. Page 2 of 31
18.2.2.030 Allowed Uses
A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted
subject to special use standards, and allowed subject to approval of a conditional use
permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not
define the use or include it as an example of an allowed use, the City may find that use is
allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in
Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses
allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's
overlays zones, refer to part 18.3.
B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as
"Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)"
are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are
subject to the development standards of zone in which they are located, any applicable
overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020.
C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed
subject to the requirements of chapter 18.5.4.
D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an
allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses
are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090,
and 18-1.6.100.
E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2,
additional land use standards or use restrictions apply within overlay zones. An overlay zone
may also provide for exceptions to some standards of the underlying zone. For regulations
applying to the City's overlays zones, please refer to part 18.3.
F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as
accessory uses. For information on other uses that are customarily allowed as accessory,
please refer to the description of the land use categories in part 18.6 Definitions.
G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one
another, in the same structure or on the same site, provided all applicable development
standards and building code requirements are met.
H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4;
except as follows:
1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term
temporary uses occurring once in a calendar year and lasting not more than 72 hours
including set up and take down. Activities such as races, parades, and festivals that
occur on public property (e.g., street right-of-way, parks, sidewalks, or other public
grounds) require a Special Event Permit pursuant to AMC 13.03.
2. Garage Sales. Garage sales shall have a duration of not more than two days and shall
not occur more than twice within any 365-day period. Such activity shall not be
accompanied by any off-premises advertisement. For the purpose of this ordinance,
garage sales meeting the requirements of this subsection shall not be considered a
commercial activity.
Ordinance No. Page 3 of 31
3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar
structure may be permitted for a period not to exceed 90 calendar days upon the
granting of a permit by the Building Official. Such occupancy may only be allowed in
conjunction with construction on the site. Said permit shall not be renewable within a six-
month period beginning at the first date of issuance, except with approval of the Staff
Advisor.
1. Disclaimer. Property owners are responsible for verifying whether a proposed use or
development meets the applicable standards of this ordinance.
Ordinance No. Page 4 of 31
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SECTION 2. Chapter 18.2.3 [Special Use Standards-Home Occupation] of the Ashland Land Use
Ordinance is hereby amended to read as follows:
18.2.3.150 Home Occupation
A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small
commercial ventures which could not necessarily be sustained if it were necessary to lease
commercial quarters or which, by the nature of the venture are appropriate in scale and impact to
be operated within a residence. Home occupations are recognized for their contribution in reducing
the number of vehicle trips often generated by conventional businesses. It is the intent of this
chapter that home occupations not infringe upon the right of neighboring residents to enjoy the
peaceful and safe occupancy of their homes.
B. Conduct of Home Occupation - Standards. Home occupations are permitted pursuant to the
following standards. Where a home occupation use does not comply with one or more of the
following requirements, the Staff Advisor may find the subject use is no longer permitted.
1. Appearance of Residence.
a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard
area not visible from the public right-of-way and be conducted in such a manner as not to
give an outward appearance of a business.
b. The home occupation shall not result in any structural alterations or additions to the dwelling
or accessory structure that will change its primary use.
c. No display of products and or equipment produced or used by the home occupation may be
displayed so as to be visible from outside the dwelling or accessory structure.
2. Storaqe.
a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited.
b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or
flammable) beyond that normally incidental to residential use is prohibited.
c. Storage of inventory or products and all other equipment, fixtures, and activities associated
with the home occupation shall be allowed in the dwelling or accessory structure.
3. Employees.
a. Other than family members residing within the dwelling located on the home occupation site,
there shall be no more than one full time equivalent employee, and no more than one
employee at any given time. As used in this chapter, the term "home occupation site" means
the lot on which the home occupation is conducted.
b. Additional individuals may be employed by or associated with the home occupation, so long
as they do not report to work at the home.
c. The home occupation site shall not be routinely used as a headquarters for the assembly of
employees for instruction or other purposes, including dispatch to other locations.
4. Advertising and Signage. No signs shall be permitted on a home occupation site.
Ordinance No. Page 12 of 31
5. Automobiles, Parking, and Traffic.
a. One commercial automobile associated with the home occupation is allowed at the home
occupation site. Such automobile shall be of a size that would not overhang into the public
right-of-way when parked in the driveway or other location on the home occupation site.
b. There shall be no excessive commercial vehicle deliveries from or to the home occupation
site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m.
to 7 p.m. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7
a. m.
c. There shall be no more than one client or customer's automobile at any one time and no
more than eight per day at the home occupation site.
6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only.
C. Prohibited Uses. The following uses are prohibited as home occupations.
1. Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor
beyond allowable levels as determined by local, state, or federal standards.
2. Any activity involving on-site retail sales, except as allowed in the Historic District Overlay or
items that are incidental to the occupational use, such as the sale of beauty products from
salons, lesson books or sheet music for music teachers, or computer software for computer
consultants.
3. Any of the following uses, and uses with similar objectionable impacts because of automobile
traffic, noise, glare, odor, dust, smoke, or vibration.
a. Ambulance service.
b. Ammunition or firearm sales.
c. Ammunition reloading business.
d. Animal hospital, veterinary services, kennels, or animal boarding.
e. Auto and other vehicle repair, including auto painting.
f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large
equipment on-site.
9. nnediGal mari liana dispensary Marijuana-related business.
D. Permit Required - Application
1. No person shall conduct a home occupation without first obtaining a home occupation permit
from the Planning Department and a valid business license as required under AMC title 6.
2. The home occupation permit shall include such information as is necessary to determine the
location and type of business, and the manner in which it will be conducted. If the Staff Advisor
finds that the proposed home occupation complies with the requirements of this chapter, the
Staff Advisor shall issue a permit.
3. The home occupation permit is valid only to the person named on the permit and for the
Ordinance No. Page 13 of 31
business to be conducted at the location stated on the permit. The permit is not transferable to
another location or to another applicant.
4. Issuance of a home occupation permit under this chapter shall not relieve the applicant from the
duty and responsibility to comply with all other rules, regulations, ordinances, or other laws
governing the use of the premises and structures thereon, including, but not limited to, the
specialty codes defined in AMC 15.04, the fire code standards defined in AMC 15.28, or any
private restrictions relative to the property.
5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter
periodically to insure compliance with all regulations and conditions to which the permit is subject,
during normal business hours, and with reasonable notice.
SECTION 3. Chapter 18.2.3 [Special Use Standards-Medical Marijuana Dispensary of the Ashland
Land Use Ordinance is hereby amended to read as follows:
18.2.3.190 Medical Mari,,.,. Dispensa Marijuana-Related Uses.
A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it
shall meet all of the following requirements. See definition of homegrown mariluana
cultivation in part 18-6.
1. Primary Residence. The resident grower must live on the property where the cultivation
of homegrown mariluana is located and that same property must be the primary
residence of the resident grower.
2. Related Activities. Any drying, keeping, storage, or processing of homegrown mariluana
shall be located inside the dwelling unit or an accessory structure and shall not be
located outdoors.
3. Homegrown mariluana cultivation and any related activities must meet all applicable
Oregon Revised Statutes and Oregon Administrative Rules.
4. Outdoor Cultivation. Up to four mariluana plants per lot for recreational mariluana or up
to six mariluana plants per lot for medical marijuana are allowed to be grown outdoors in
accordance with applicable Oregon Revised Statutes and Oregon Administrative Rules
including the requirement to obtain and display a medical mariluana prow site
registration card in ORS 475.320(2)(B)(d). Outdoor homegrown marijuana cultivation
shall meet all of the following requirements.
a. Locate marijuana plants so the plants are not visible from a public place, public street
or any area that the general public has. access (e.g., schools, playgrounds, parks,
commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana
plants shall not be located in a front yard.
b. Screen marijuana plants to limit view and access from adjacent residential properties
with a solid wood fence or masonry wall. Any access points to the cultivation area
must be secured at all times to prevent unauthorized access. For fence and wall
design requirements, see section 18.4.4.060.
Ordinance No. Page 14 of 31
c. Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall
meet all of the following dimensional standards including Table 18.2.4.190.c.
L Locate cultivation area closer to the primary residence of the resident grower than
to dwellings on adjoining properties or to dwellings in the same multifamily
development.
ii. Marijuana plants may be located in one cultivation area or in separate cultivation
areas throughout a yard.
Table 18.2.3.190.4.c Outdoor Cultivation Dimensional Standards for Homegrown Mariiuana'
Number of Maximum Maximum Minimum Setback from Minimum Setback from
Marijuana Plants Cultivation Area Marijuana Plant Any Property Line Dwellings on Adjoining
per Lott Allowed Heighta Properties5
per Lot3
6 or fewer plants 50 square feet 10 Feet 10 feet 20 feet
'Contiguous lots under sinqle ownership shall be considered one lot for the purpose of calculating the dimensional
standards for homegrown marijuana.
2Up to four plants for recreational marijuana or six plants for medical marijuana may be grown outdoors.
3 All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the
cultivation area Where plants are located separately, the combined total of the individual cultivation areas shall not
exceed the maximum cultivation area.
4Mariiuana plants shall not exceed ten feet in height from the top of the average surrounding grade.
5Mariiuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily
development.
d Multi-Family Development. Homegrown marijuana may be cultivated outdoors on a lot
containing multi-family dwellings in conformance with the requirements of
subsection 18.2.3.190.A and provided all of the following requirements are met.
L The property owner provides written notification to all residents of the
development and to the City that verifies the cultivation of marijuana plants will
comply with the requirements of subsection 18.2.3.190.A. The written notification
shall include the following information.
1 Property owner, property manager, or home owner association representative
contact information including the name, address, and phone number(s).
2. Contact information for an onsite resident designated as the primary
responsible party for the marijuana plants and maintenance. Contact
information shall include the name, address, and phone number of the
responsible party.
3. The City requirements for the outdoor cultivation of marijuana including the
maximum number of plants per lot and the requirements of subsection
18.2.3.190.A.
Ordinance No. Page 15 of 31
5. Indoor Cultivation.
a. Building Code. Any structure, accessory structure, electrical service, plumbing, or
mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated
with marijuana cultivation shall satisfy the Building Code requirements and obtain all
required building permits prior to installation. See section 18.2.5.040 Accessory
Buildings and Structures.
b. Light and Glare. Shield lighting systems and use window coverings to confine light
and glare from light systems associated with indoor cultivation to the interior of the
structure.
c. No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or
uninhabited dwelling units shall not be used for marijuana cultivation.
B. Marijuana-Related Businesses.
1. Marijuana-related businesses may require Site Design Review under chapter 18.5.2 or a
Conditional Use Permit under chapter 18.5.4. See Table 18.2.2.030 - Uses Allowed by
Zone for zones where marijuana-related businesses are allowed. See definition of
marijuana-related businesses in part 18.6. Marijuana-related businesses shall meet all of
the following requirements.
a. The business must be located in a permanent building and may not locate in a trailer,
cargo container, or motor vehicle. Outdoor marijuana production, cultivation, and
storage of merchandise raw materials, or other material associated with the business
are prohibited.
b. Any modifications to the subject site or exterior of a building housing the business
must be consistent with the Site Design Use Standards, and obtain Site Design
Review approval if required by section 18.5.2.020. Security bars or prates on windows
and doors are prohibited.
c. The business must provide for secure disposal of marijuana remnants or by-
products; such remnants or by-products shall not be placed within the business'
exterior refuse containers.
d. Light and Glare. Shield lighting systems and use window coverings to confine light
and glare from light systems associated with indoor cultivation so as to confine light
and glare to the interior of the structure. Grow light systems within a greenhouse are
prohibited.
e. Building Code. Any structure, accessory structure, electrical service, plumbing, or
mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated
with a business shall satisfy the Building Code requirements and obtain all required
building permits prior to installation.
f. Methodology for Measuring Separation Requirements. The following methodology
shall be used for marijuana related- businesses that are required to be separated by a
specific distance (i.e., marijuana production facility, marijuana wholesale facility,
marijuana retail outlet). For the purposes of determining the distance between a
Ordinance No. Page 16 of 31
marijuana related-business and another marijuana-related business, "within 1,000
feet" means a straight line measurement in a radius extending for 1,000 feet or less in
every direction from the closest point anywhere on the premises of an approved
marijuana related- business to the closest point anywhere on the premises of a
proposed marijuana-related business of the same type. If any portion of the premises
of a proposed marijuana related-business is within 1,000 feet of an approved
mariiuana related business of the same type, it may not be approved. For the purpose
of this section, premises is all public and private enclosed areas within a building at
the location that are used in the business operation, including offices, kitchens, rest
rooms, and storerooms.
g. The property owner shall record a declaration which waives any claim or right to hold
the City liable for damages they or a tenant may suffer from state or federal
enforcement actions for activities the City permits as a result of its approval of the
proposed use or development once such approval is granted. Furthermore, the owner
and tenant agrees not to unreasonably disobey the City's order to halt or suspend
business if state or federal authorities order or otherwise subject the City to
enforcement to comply with laws in contradiction to the continued operations of the
business as permitted under section 18.2.3.190.
h. A mariiuana-related business must obtain an approved license or registration from
the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon
Administrative Rules.
2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the
standards described in subsection 18.2.3.190.B.1, above, marijuana laboratories,
processing, production, and wholesale shall meet the following requirements as
applicable. See definition of marijuana processing and production in part 18.6.
a. Mariiuana laboratories, processing, production, and wholesale shall be located 200
feet or more from residential zones.
b. Mariiuana Production.
L Mariiuana production shall be limited to 5,000 square feet of gross leasable floor
area per lot.
H. A marijuana production facility shall be located more than 1,000 feet from another
marijuana production facility. See subsection 18.2.3.190.B.1.f for methodology for
measuring the required distance between marijuana related-businesses.
c. Marijuana Wholesale. A marijuana wholesale facility shall be located more than 1,000
feet from another marijuana wholesale facility. See subsection 18.2.3.190.B.1.f for
methodology for measuring the required distance between marijuana related-
businesses.
3. Marijuana Retail Sales. In addition to the standards described above in subsection
18.2.3.190.8.1, marijuana retail sales shall meet the following requirements. See
definition of marijuana retail sales in part 18.6.
Ordinance No. Page 17 of 31
A. Boulevard Location. Medical marijuana dispensar' iatted subject to all o
the following design standards
1 . The dispensary must be loGated on a property with a boundary line adjacent to a
boulevard, except that dispensaries are not permitted in the Downtown Design
Standards zone
2. The dispensary must be located in a permanent building and may not locate in a
or motor vehicle. Outdoor storage of merGhandise, raw
trailer, container, Gargo
materials, or ether material associated with the dic rye nsa I is prohibited
r■~
3 Any modifications to the cnbiect cite or ex~e ref a building housing the
dispensary must he consi tent ~w ith the Site Design Use Standards, and obtain
Site Review annr
wmndows and doors are prohibited,
4 The dispensary establishment must not have a drive up use.
Cd The dispensary meet provide for seGurae. disposal of marii~~ana remnants or hv_
nroduGts; such remnants or by-nroduGts shall not he placed within the
dispensary's exterior refuse containers
6. The dos. I . egistered with the Oregon Health Authority under the stat
f rnedmGal ma registration systern under ORS 476.300 0
476. 346 and meets the requirements of OAR Chapter 333 Division A Medical
Marijuana Facilities
R.-Other Locatmons. Medical marijuana dispensaries, exGept as allowed on seGtmOn
18.2.3.190.A, are subjeGt to a Conditional Use Permit under chapter 18.5.4 and shall
meet all of the followin- reiv~~irementc
1. The dispensary must be IoGated 200 feet or more from a residential zone,
that rli nensaries are not permitted in-the Downtown Design Standards zone
2. The dispensary must be leGated On a permanent building and may not locate in -a
trailer' car Je Gentalner' or motor vehide. Outdoors-tor..-„rch of merchandise, raw
material or other material associated with the dic nensarI is prohibited
3 Any modifications to the subject site or exterior of-a-building housing the
dispensary must be Gonsistent with the Site Design Use f and obt
Site Reviewapproval if required by section 18.5.2.020. Security bars or grates on
wmndows and doors are prehibmted-.
4. The dispensary must not have a drive up use.
6. The dispensary must provide for secure disposal of prnnants or by-
pFoducts; such remnants or by products shall not be placed within the
dispensary's exterior refuse containers
6. The das. egistered w.th the Oregon Health Authority under the -0
- - . medmeal Fn 'j . "ity registration system under ORS 476.300 0
476.346, and meets the requirements of OAR Chapter 333 Division Q Medical
Ordinance No. Page 18 of 31
Mari liana Facilities
a. Location.
i. Marijuana retail sales are allowed if located on a property with a boundary line
adjacent to a boulevard.
ii. Marijuana retail sales, except as allowed above in subsection 18.2.3.190.B.3.a.i,
must be located 200 feet or more from a residential zone and are subiect to a
Conditional Use Permit under chapter 18.5.4.
iii. Marijuana retail sales are not permitted in the Downtown Design Standards Zones.
iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another
mariiuana retail sales outlet. Medical and recreational marijuana retail sales do not
need to be separated by 1,000 feet if located together in one building if the
configuration meets all applicable Oregon Revised Statutes and Oregon
Administrative Rules. No more than two registrations or licenses issued by the
State of Oregon (e.g., a medical dispensary registration and a recreational sales
license) may be located in one building. See subsection 18.2.3.190.B.1.f for
methodology for measuring the required distance between marijuana related-
businesses.
b. Drive-up Use. The marijuana retail sales outlet must not include a drive-up use.
SECTION 4. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is
hereby amended to read as follows:
18.2.5.040 Accessory Buildings and Structures
Accessory buildings and structures shall comply with all requirements for the principal use, except
where specifically modified by this ordinance, and shall comply with the following limitations:_
A. Setback Yard Exceptions. See subsection 18.2.5.060.8.2.
B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided
there are no kitchen cooking facilities in the guesthouse.
C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling
in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and
production requirements.
D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below,
barns, stables, and other structures shall be located a minimum of 50 feet from any property line,
and structures housing large livestock shall be more than 100 feet from dwellings on adjoining
properties.
E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a
residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows:
1. The structure shall not be located in a required front yard.
Ordinance No. Page 19 of 31
2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in
Figure 18.2.5.040.E.2.
3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a
multifamily complex, structures must also be located at least 20 feet from any dwelling within the
complex.
4. The structures shall not exceed six feet in height.
5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet
per animal, whichever is greater.
6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in
area, or ten square feet per animal, whichever is greater.
1 ~ D 10
0 ~
Figure 18.2.5.040.E.2
Micro-Livestock Enclosure/Minimum Setback to Property Line
F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such
installation and operation is consistent with other provisions of this ordinance or the Ashland
Municipal Code, and meet the all of the following requirements:
1. Rain barrels shall not exceed six feet in height.
2. Rain barrels shall be located so that a minimum clear width of three feet is provided and
maintained between the barrel and property line.
3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform,
designed to support the rain barrel's full weight.
4. Every attempt shall be made to place rain barrels so that they are screened from view of
adjacent properties and public streets.
SECTION 5 Chapter 18.3.2 [Croman Mill District] of the Ashland Land Use Ordinance is hereby
amended to read as follows:
Ordinance No. Page 20 of 31
18.3.2.040 Allowed Uses
A. Uses Allowed in Croman Mill Zones. Allowed uses include those that are permitted, permitted
subject to special use standards, and allowed subject to a conditional use permit. Where Table
18.3.2.040 does not list a specific use and part 18.6 does not define the use or include it as an
example of an allowed use, the City may find that use is allowed, or is not allowed, following the
procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to
be similar to an allowed use are prohibited. All uses are subject to the development standards of
zone in which they are located, any applicable overlay zone(s), and the review procedures of part
18.5. See section 18.5.1.020 Determination of Review Procedure.
B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones,
additional land use standards or use restrictions apply within overlay zones. An overlay zone may
also provide for exceptions to some standards of the underlying zone. For regulations applying to
the City's overlays zones, please refer to part 18.3.
C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another,
in the same structure or on the same site, provided all applicable development standards and
building code requirements are met.
Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone$
Croman Mill District Zones9
MU OE OS
NC Cl
A. Residential
Residential Uses S S N N N
Agricultural Uses, except Keeping of N N N N N
Livestock - - -
Keeping of Bees, Micro-Livestock and N N N N N
Livestock - - - -
Mariiuana Cultivation, Homegrown S S N N N
Temporary Employee Housing N N S S N
B. Commercial
Stores, restaurants, and shops less than 3,000
sq. ft., excluding fuel sales, automobile sales P N N N N
and repair
Limited stores, restaurants, and shops,
excluding fuel sales, automobile sales, and N S S S N
repair, includinq marijuana retail sales
Professional, financial, business, and medical N P P S N
offices
Administrative or research and development N P P P N
establishments
Child or day care centers P S S S N
Fitness, recreations sports, gym or athletic club P N N N N
Ancillary employee services (e.g., cafeteria, N S S S N
fitness area)
8Key: P = Permitted Uses, S = Permitted with Special Use Standards, CU = Conditional Use Permit Required, N = Not Allowed.
9 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial, OS = Open Space.
Ordinance No. Page 21 of 31
Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone$
Croman Mill District Zones9
NC MU OE CI OS
Kennels (indoor) and veterinary clinics N N S S N
Motion picture, television or radio broadcasting N P P P N
studios
Temporary uses C C C C C
C. Industrial
Manufacturing, assembly, fabrication or
packaging including manufacturing of food N P S P N
products
Limited manufacturing affiliated with a retail S N N N N
use
Marijuana laboratory, processing, and N S S S N
production - -
Rail freight loading dock facilities N N N P N
Rail or rapid transit passenger facilities P P P P N
Warehouse and similar storage facilities, N S S S N
including marijuana wholesale
Limited outdoor storage N S S S N
Wireless communication facilities attached to
an existing structure pursuant to Sec. C C P P N
18.72.180
Freestanding wireless communication support C C C C N
structures pursuant to Sec. 18.72.180
D. Public and Institutional
Public service or community buildings with P C C C P
office or space used directly by the public
Public service or community buildings without C C C C C
office or space used directly by the public
Public and quasi public utility facilities S S S S S
enclosed in a building
Oregon Department of Transportation (ODOT) S N N N N
maintenance facility and yard
Private school, college, trade school, technical
school or similar school C C C C N
Electrical substations N N C C N
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
'Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space.
D. Special Permitted Uses Use Standards. The following uses and their accessory uses ^re
speGial permitted uses as listed in the Land Use Table and are subject to the requirements of
thisTT,~tion The uses listed as "Permitted with Special Use Standards (S)" in Table
18.3.2.040, above are allowed provided they conform to the requirements of this section and
the requirements of chapter 18.5.2 Site Design Review.
1. Residential Uses. Residential uses provided all of the following standards are met.
Ordinance No. Page 22 of 31
a. The ground floor area shall be designated for permitted or special permitted uses, excluding
residential.
b. Residential densities shall not exceed the densities in section Dimensional Regulations.
For the purposes of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
c. Residential uses shall execute a hold harmless covenant and agreement stating they shall
not protest impacts from commercial and industrial uses within the district.
2. Marijuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A.
-23. Temporary Employee Housing. Residential units for use by persons employed within the facility
and their families when all of the following standards are met.
a. Employee housing densities shall not exceed two units per acre. For the purposes of density
calculations, units of less than 500 square feet of gross habitable floor area shall count as
0.75 of a unit.
b. The employee housing shall be in conjunction with a permitted or special permitted use on
the property.
c. Units shall be restricted by covenant to be occupied by persons employed by a business
operating on the property.
Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales and repair, includinq
marijuana retail sales
34. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities,
and ancillary employee services, when all of the following standards are met.
a. In the CI,MU, and OE zones, a maximum of 15 percent of the gross floor area in a building
may be used for any or a combination of the following special permitted uses when the
standards in this section are met: limited stores, restaurants, and shops; child or day care
facilities; and ancillary employee services.
b. Limited Stores, Restaurants and Shops. In the MU zone, the floor area shall be limited to
retail uses in conjunction with a permitted use.
c. Child or Day Care Facilities. Primary program activities are integrated into the interior of the
building.
d. Ancillary Employee Services. Developments may include ancillary employee services such
as cafeterias, fitness areas, or other supportive services generally intended to support the
needs of employees when the following standards are met.
i. The use is integrated into the interior of the building.
ii. The ancillary employee services shall be in conjunction with a permitted or special
permitted use on the property.
e. Marijuana Retail Sales. Marijuana retail sales are subject to the standards a-d in
subsection 18.3.2.040.D.4 above, and the standards for marijuana-related businesses
in subsection 18.2.3.190.B.
Ordinance No. Page 23 of 31
45. Professional Financial, Business and Medical Offices in Cl Zone. Developments in the Cl zone
may include ancillary office uses to support the operations of a permitted use on-site provided
the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor
area.
56. Kennels. Kennels when all of the following standards are met.
a. Kennels shall be located at least 200 feet from the nearest residential dwelling.
b. All animals shall be boarded within a building at all times.
c. No noise or odor shall emanate outside the walls of the building used as a kennel.
d. A disposal management plan shall be provided demonstrating all animal waste will be
disposed of in a sanitary manner.
67. Manufacture Assembly, Fabrication, and Packaging in OE Zone. Developments in the OE zone
may include ancillary manufacturing, assembly, fabrication, and packaging uses to support the
operations of a permitted or special permitted use on-site when all of the following standards are
met.
a. The maximum floor area dedicated to manufacturing, assembly, fabrication, and packaging
shall be 50 percent of the ground floor area.
b. No outside space shall be used for the manufacturing, assembly, fabrication, and packaging
processes.
78. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication, or
packaging contiguous to and associated with a retail space, provided the maximum floor area
dedicated to manufacturing occupies 1,000 square feet, or ten percent of ground floor area,
whichever is less.
9. Marijuana Laboratory, Processing, and Production.
a. Marijuana laboratory, processing, and production are subject to the standards for
marijuana-related businesses in subsection 18.2.3.190.8.
b. In the OE zone, marijuana laboratory, processing, and production are subject to
subsection 18.3.2.040.D.7, above.
810.Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when all of
the following standards are met.
a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE
and MU zones shall be 50 percent of the ground floor area.
b. Warehouse and storage facilities shall be provided only in conjunction with, and for the
exclusive use by, a permitted or special permitted use on the property.
c. Self-service mini-warehouses are prohibited.
d. No outside space shall be used for storage, unless approved as a limited outdoor storage
area.
Ordinance No. Page 24 of 31
e. Mariiuana Wholesale. Marijuana wholesale storage is subject to the standards a-d in
subsection 18.3.2.040.D.10, above, and the standards for marijuana-related
businesses in subsection 18.2.3.190.6.
-9111imited Outdoor Storage. Limited outdoor storage associated with a permitted or special
permitted use when all of the following standards are met.
a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU
zone; and 2,500 sq. ft. in the CI zone, or 50 percent of the ground floor area of the building
housing the associated permitted or special permitted use, whichever is greater.
b. The outdoor storage shall be located behind or on the side of buildings, and shall be located
so the outdoor storage is the least visible from the street that is reasonable given the layout
of the site.
c. The outdoor storage shall be screened from view by placement of a solid wood or metal
fence, or a masonry wall from five to eight feet in height.
d. The associated permitted use shall obtain a minimum of 50 percent of the employment
density targets for the Croman Mill District.
4.012.Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service
buildings when all of the following standards are met,
a. Facilities and structures that are accessory to a public park in the OS zone, including but not
limited to maintenance equipment storage, enclosed picnic facilities, and restrooms.
b. Public and quasi-public utility service building relating to receiving and transmitting antennas
and communication towers are subject to the applicable provisions of 18.4.10.
c. Public and quasi-public utility service building shall demonstrate all of the following.
i. The need for the facility, present or future; and how the facility fits into the utility's master
plan.
ii. The facility utilizes the minimum area required for the present and anticipated expansion.
iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan
designation.
4413.Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon
Department of Transportation Ashland maintenance facility and storage yard located on
property within the NC zone, all the following shall apply.
a. Buildings may be enlarged or replaced subject to Basic Site Review Standards.
b. Are exempt from the Dimensional Regulations per 18.3.2.050 with the exception of minimum
side and rear yard setbacks abutting a residential district and maximum height.
c. Are exempt from the requirements of part 18.4 Site Development and Design Standards,
and the requirements of 18.3.2.060 Croman Mill District Site Development and Design
Standards.
Ordinance No. Page 25 of 31
SECTION 6 Chapter 18.3.3 [Health Care Service District] of the Ashland Land Use Ordinance is
hereby amended to read as follows:
18.3.3.030 Permitted Uses
The following uses and their accessory uses are permitted outright.
A. Residential and agricultural uses, subject to the requirements of the R-2 zone.
B. Home occupations.
C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to,
nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational
therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional
counseling, health maintenance, and rehabilitation services.
D. Ambulance and paramedic service.
E. Medical laboratories.
F. Sales or rentals of durable medical goods.
G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes.
H. Any use, located on City owned property, that is specifically allowed by the Ashland Community
Hospital Master Facility Plan adopted by the City by ordinance.
SECTION 7 Chapter 18.3 ).5 [North Mountain Neighborhood District] of the Ashland Land Use
Ordinance is hereby amended to read as follows:
18.3.5.050 Allowed Uses
A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are
permitted, permitted subject to special use standards, and allowed subject to a conditional use
permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or
include it as an example of an allowed use, the City may find that use is allowed, or is not allowed,
following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030
and not found to be similar to an allowed use are prohibited. All uses are subject to the
development standards of zone in which they are located, any applicable overlay zone(s), and the
review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure.
C. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones,
additional land use standards or use restrictions apply within overlay zones. An overlay zone may
also provide for exceptions to some standards of the underlying zone. For regulations applying to
the City's overlays zones, please refer to part 18.3.
C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one
another, in the same structure or on the same site, provided all applicable development standards and
building code requirements are met.
Ordinance No. Page 26 of 31
Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone10
North Mountain Neighborhood Zones"
NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic
A. Residential
Residential Uses, subject to density P P P P N
requirements in Table 18.3.5.050
Accessory Residential Units S S N P N
Home Occupations P P P P N
Agricultural Uses, except Keeping of P P P P S
Livestock
Keeping of Micro-Livestock and Bees S S S N S
Keeping of Livestock N N N N N
Marijuana Cultivation, Homegrown S S S S N
B. Public and Institutional Uses
Community Services N S N S P
Parks and Open Spaces P P P P P
Public Parking Lots N N N CU N
Religious Institution, Houses of Worship N N N S N
Utility and Service Building, Public and
Quasi-Public, excluding outdoor storage N N N S N
and electrical substations
B. Commercial
Neighborhood Clinics N N N PS N
Neighborhood Oriented Retail Sales, and N N N P S N
Services, and Restaurants
Offices, Professional N N N P S N
Restaurants N N N P N
Temporary uses N N N CU N
C. Industrial
Manufacturing, Light N N _ N S N
Key: P = Permitted Uses; S = Permitted with Special Use Standards, CU = Conditional Use Permit Required; N = Not Allowed.
z Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, Cl = Compatible Industrial; OS = Open
Space.
D. Special Permitted Uses Use Standards. The following uses and their ansessorv uses
are n al permitted u es as listed in the Land Use Table and are subject to the
ren~~ireme its of this Ce^t*on The uses listed as "Permitted with Special Use
Standards (S)" in Table 18.3.5.050 above, are allowed provided they conform to the
requirements of this section and the requirements of chapter 18.5.2 Site Design Review.
1. Accessory Residential Units.
a. Accessory residential units are not subject to the density requirements of the zone
and are not included in the base density calculations.
° Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
" Zones: NC = Neighborhood Commercial; MU = Mixed Use, OE = Office Employment; Cl = Compatible Industrial, OS = Open
Space.
Ordinance No. Page 27 of 31
b. One accessory residential unit is allowed per lot, and the maximum number of
dwelling units must not exceed two per lot.
c. The proposal must comply with the lot coverage and setback requirements of the
underlying zone.
d. The maximum gross habitable floor area (GHFA) of the accessory residential unit
must not exceed 50 percent of the GHFA of the primary residence on the lot, and
must not exceed 750 square feet GHFA, except that second story accessory
residential units constructed above a detached accessory building must not exceed
500 square feet GHFA.
e. Additional parking shall be provided in conformance with the off-street parking
provisions for single-family dwellings in section 18.4.3.040.
2. Agricultural Uses.
aIn the NM-Civic zone, agriculture may include community garden space.
3. Keeping of Micro-Livestock and Bees. Subject to the standards in section
18.2.3.160.
4. Marijuana Cultivation, Homegrown. Subject to the standards in subsection
18.2.3.190.A.
3. Community Services.
a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet
of gross floor area.
b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of
gross floor area.
4. Manufacturing, Light.
a. 'The light manufacturing use shall occupy 600 square feet or less.
b. The light manufacturing use shall be contiguous to the permitted retail outlet that
operates in conjunction with and sells the manufactured items produced by the light
manufacturing use.
5. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of
gross floor area.
6. Neighborhood Oriented Retail Sales,-and Services, and Restaurants. Each building
may be up to a maximum of 3,500 square feet of gross floor area.
7. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of
gross floor area.
8. Religious Institution, Houses of Worship. The same use cannot be located on a
contiguous property, and there must be no more than two such uses in a given zone.
9. Utility and Service Building, Public and Quasi-Public. Each building may be up to a
maximum of 3,500 square feet of gross floor area
Ordinance No. Page 28 of 31
SECTION 8 Chapter 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby
amended to read as follows:
Greenhouse. A building or structure whose roof and sides are made largely of glass or
other transparent or translucent material and in which the temperature and humidity
can be regulated for the cultivation of fragile or out-of-season plants for personal
enjoyment or for subsequent sale_
Homegrown Marijuana. Marijuana plants planted, cultivated, grown, and harvested by a
person 21 years of age or older for personal consumption, whether for medical or
non-medical purposes, or for a medical marijuana card holder. Medical marijuana
grow sites located in residential zones shall be considered homegrown marijuana for
the purpose of this ordinance.
Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related
activities such as processing, keeping, or storage of homegrown marijuana.
- Cultivation Area. The area within which marijuana plants are grown on a lot. The
cultivation area is the total of the individual areas of the marijuana plants at
maturity. The individual area of a marijuana plant is calculated based on an
imaginary vertical line extending downward from the outermost tips of the
marijuana plants branches to the ground.
- Resident Grower. An individual engaged in the cultivation of homegrown
marijuana for personal consumption, whether for medical or non-medical
purposes, ,or for a medical marijuana card holder.
Marijuana. The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It
does not included industrial hemp.
- Medical Marijuana. Marijuana used to mitigate the symptoms or effects of a
medical condition and regulated by the Oregon Medical Marijuana Act (ORS
475.300 - ORS 475.346). Grown and sold by registered persons and facilities with
the Oregon Health Authority (OHA).
- Recreational Marijuana. Marijuana used for personal consumption by a person 21
years of age or older.
Marijuana Plant. Immature and mature plants of the plant Cannabis family Moracae.
Marijuana-Related Businesses. Marijuana-related businesses licensed by the Oregon
Liquor Control Commission (OLCC) or registered by the Oregon Health Authority
(OHA). Marijuana-related businesses are organized into the following categories.
Ordinance No. Page 29 of 31
Laboratory. A laboratory that tests marijuana and marijuana items.
Processing. Processing compounding, or conversion of marijuana into
cannabinoid products, concentrates, or extracts.
Production. Planting, cultivating, growing, harvesting, or drying marijuana.
Medical marijuana grow sites located in non-residential zones that do not meet the
definition of Homegrown Marijuana shall be considered production for the
purpose of this ordinance.
Retail. A business that sells marijuana and marijuana products to the consumer.
Wholesale. An operation that handles and distributes marijuana and marijuana
products for the purpose of resale.
Med*Gal Marijuana Dispensary. Any facility regist by the Oregon Health Authority
under ORS 475.300 to 476.346 that dispense ursuant to ORS 475m3l4m
SECTION 9. Savinl4s. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 10. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
SECTION 12. Emer2ency.
This Ordinance being necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
The foregoing ordinance was first read by title only in accordance with Article X, ~
Section 2(C) of the City Charter on the / S day of A S~
and duly PASSED and ADOPTED this _Lf _ day of , 2016.
Barbara M. Christensen, City Recorder
Ordinance No. Page 30 of 31
SIGNED and APPROVED this I day of JG_ n, 2016.
~4n Stromberg, Mayor
Revie as to form: /
David H. Lohman, i y Attorney
Ordinance No. Page 31 of 31