HomeMy WebLinkAbout2015-10-27 Planning PACKET
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ASHLAND PLANNING COMMISSION
SPECIAL MEETING
OCTOBER 27, 2015
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II. ANNOUNCEMENTS
III. AD-HOC COMMITTEE UPDATES
IV. PUBLIC FORUM
V. LEGISLATIVE PUBLIC HEARING
A. PLANNING ACTION: PL-2015-01677
DESCRIPTION: An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 and 18.6.1 of
the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana-
related businesses including production, processing, retail sales, testing, and wholesale.
VI. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104
ADA Title 1).
ASHLAND PLANNING DIVISION
STAFF REPORT
October 27, 2015
PLANNING ACTION:
#2015-01677
APPLICANT:
City of Ashland
ORDINANCE REFERENCES:
AMC 18.2.2
Base Zones and Allowed Uses
AMC 18.2.3
Special Use Standards
AMC 18.2.5
Standards for Residential Zones
AMC 18.3.3
Health Care Services District
AMC18.3.5
North Mountain Neighborhood District
18.6.1
AMC Definitions
REQUEST:
Amendments to the Ashland Municipal Code creating standards for
cultivation of homegrown marijuana and permitting marijuana-related businesses as
allowed by state law in the Commercial (C-1), Employment (E-1), and Industrial (M-1)
zones.
I. Relevant Facts
A. Background
In 1998, Oregon voters approved Ballot Measure 67, the Oregon Medical
Marijuana ACT (OMMA) (ORS 475.300-475.346). Since that time, the Legislature
amended OMMA on a number of occasions. In 2013, the Oregon Legislature
passed House Bill 3460 that provided a system for registration and regulation of
medical marijuana dispensaries (“dispensaries”). The law went into effect on
March 1, 2014. The Oregon Health Authority (OHA) administers the state
medical marijuana program including registration of medical marijuana grow sites
and dispensaries.
In 2014, the Oregon Legislature approved Senate Bill 1531 granting local
jurisdictions the authority to establish local restrictions for dispensaries and the
ability to put into effect a temporary dispensary moratorium to allow cities and
counties additional time to enact restrictions. The additional regulations went into
effect March 19, 2014.
In July 2014, the City Council passed an ordinance amending the Ashland land
use ordinance to allow medical marijuana dispensaries in the C-1, E-1, and M-1
zones. The attached dispensary map shows the locations of the approved
medical marijuana dispensaries in Ashland.
Planning Action PA 2015-01677 Ashland Planning Division – Staff Report
Applicant: City of Ashland Page 1 of 10
In November 2014, Oregon voters approved Ballot Measure 91, legalizing the
growing, distribution, possession, and use of marijuana in certain amounts for
non-medical personal use by persons 21 years of age or older. Measure 91 also
designated the Oregon Liquor Control Commission (OLCC) as the agency
charged with licensing and regulating the growing, processing, and sale of
recreational marijuana.
In 2015, the Oregon Legislature passed a series of bills, including House Bill
3400, that made reforms to OMMA and Measure 91. OMMA was amended in a
number of ways including limiting the number of plants allowed at a medical
marijuana grow site and allowing medical marijuana growers to apply for a
recreational grow license. Measure 91 was also amended in a number of ways
including allowing for personal making, processing or storing homemade
marijuana concentrates and directing OLCC to adopt restriction on the size of
recreational marijuana grows.
SB 460 allowed the sales of recreational marijuana by medical marijuana
dispensaries on October 1, 2015. The bill also allowed a city or county to prohibit
the sale of recreational marijuana at medical marijuana dispensaries by adopting
an ordinance to that effect. The City Council discussed the option of preparing an
ordinance to prohibit the early sale of recreational marijuana at the July 21, 2015
meeting and decided not to move forward with a prohibition.
The homegrown personal possession provisions of Measure 91 began on July 1,
2015, and persons 21 years or age or older may grow up to four marijuana plants
per household. In addition, the households may process, keep, and store limited
amounts of homegrown marijuana and homemade marijuana products.
OLCC begins accepting license applications for processing, production, testing,
retail and wholesale operations on January 4, 2016. There are three medical
marijuana dispensaries in Ashland that are approved by the City and registered
with OHA and one dispensary approved by the City and pending approval by
OHA.
The Planning Commission held study session discussions on draft standards for
personal or “homegrown” marijuana grow sites and for marijuana-related
businesses on June 23, 2015 http://www.ashland.or.us/SIB/files/2015-06-
23_PC_Packet_Web.pdf and August 25, 2015
http://www.ashland.or.us/Files/2015-08-25_PC_Packet_Web2.pdf .
B. Ordinance Amendments
Planning Action PA 2015-01677 Ashland Planning Division – Staff Report
Applicant: City of Ashland Page 2 of 10
The proposed amendments to the land use ordinance are attached. The
amendments are intended to balance the allowances for recreational and
medical marijuana in state law with the mitigation of potential nuisance and
safety impacts to residential neighborhoods from growing marijuana on
residential properties and from marijuana-related businesses.
Changes or additions to the draft made since the August 25, 2015 Planning
Commission study session are highlighted.
The proposed amendments address two areas – personal or homegrown
marijuana and marijuana-related businesses. The existing special use standards
for medical marijuana dispensaries in 18.2.3.190 have been revised to
incorporate the proposed amendments to address the two areas.
Homegrown Marijuana
Homegrown marijuana is defined in the proposed amendments as growing and
harvesting marijuana for personal consumption by a person 21 years or older,
whether for medical or non-medical purposes, or for another medical marijuana
card holder. Medical marijuana grow sites located in residential zones are
considered homegrown marijuana for the purpose of the City’s ordinance. The
resident grower is defined as the person cultivating the homegrown marijuana.
The draft ordinance amendments allow homegrown marijuana cultivation as a
special use in the residential zones including the North Mountain Neighborhood,
the Health Care Services District, and the C-1, E-1, and M-1 zones. Homegrown
marijuana is allowed in the non-residential zones because dwelling units are
permitted in some of these areas as part of a mixed-use development. In
addition, there are examples of pre-existing nonconforming single-family
residences in the C-1, E-1, and M-1 zones (e.g., the homes on the south side of
A St.).
As a special use, homegrown marijuana cultivation is subject to the special use
standards in 18.23.190.A (see page 14-16 of attached draft). The proposed
amendments address outdoor and indoor homegrown marijuana cultivation and
are summarized below.
The resident grower must live on the property and the property must be
the primary residence of the resident grower.
Drying, storage, or processing of homegrown marijuana has to be located
in the dwelling unit or an accessory structure and cannot be located
outdoors.
Up to four homegrown marijuana plants are allowed to be grown outdoors
meeting the following requirements.
Plants cannot be located in the front yard and cannot be visible
o
form a public place, public street, or any area that the general
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Applicant: City of Ashland Page 3 of 10
public has access such as schools, playgrounds, parks, open
space, paths, and trails.
Plants must be screened to limit view and access from adjacent
o
residential properties with a wood fence or masonry wall. Access
points have to be secured at all times to prevent unauthorized
access.
An area up to 50 square feet in size is allowed for outdoor
o
cultivation.
The cultivation are must be located closer to the resident grower’s
o
primary residence than to dwellings on adjoining properties and a
minimum of 20 feet from dwellings on adjoining properties and 10
feet from any property line.
The maximum plant height is 10 feet.
o
Indoor homegrown marijuana cultivation must meet the following
requirements.
Lighting systems associated with indoor cultivation must be
o
shielded and windows covered to confine light and glare to the
interior of the structure.
Any structure, electric service, plumbing, or mechanical equipment
o
must satisfy Building Code requirements and obtain require building
permits prior to installation.
Vacant or uninhabited dwelling units cannot be used for marijuana
o
cultivation. No dwelling unit can primarily be used as a place to
cultivate marijuana.
Discussion of Homegrown Marijuana Proposed Amendments
State law for recreational marijuana allows up to four marijuana plants per
household and for medical marijuana allows up to 12 mature plants per address
in residential zones and up to 48 plants per address in all other zones. State law
does not distinguish between outdoor and indoor cultivation.
Household is defined in Measure 91 as “a housing unit, and includes any place in
or around the housing unit at which the occupants of the housing unit are
producing, processing, keeping, or storing homegrown marijuana or homemade
marijuana products.” Housing unit is defined in Measure 91 as “a house, an
apartment, a mobile home, a group of rooms, or a single room that is occupied
as a separate living quarters, in which the occupants live and eat separately from
any other persons in the building and which have direct access from the outside
of the building or through a common hall.”
The cultivation of marijuana in the city limits appears to have increased over the
past few years because of an increase in medical marijuana grows allowed under
state law. As a result, the City began receiving nuisance-type complaints related
to the odor produced by marijuana plants grown outdoors. Neighbor complaints
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Applicant: City of Ashland Page 4 of 10
include not being able to enjoy their backyard and not being able to open their
windows because of the strong odor produced by the marijuana grown on
adjacent property.
In addition, complaints have involved impacts from light, glare, and noise from
mechanical equipment (e.g., lights systems, fans) related to indoor cultivation
and odor from processing (e.g., drying) plants in garages and accessory
structures. Though not numerous, the more extreme cases have involved using
garages and/or portions of the home for indoor cultivation. Larger scale indoor
cultivation in residential situations can consume electricity nearing commercial
levels and potentially can be a safety issue.
The purpose of setbacks, a height limit, and a maximum cultivation area for
outdoor marijuana cultivation is to limit the location, size, and scale of the grow
area. The intent of limiting the location, size, and scale of the grow area is to
reduce adverse impacts to neighboring properties and maintain the dwelling unit
and the associated yard area as the primary use of residential properties. Based
on staff’s experience with past code compliance cases the suggested setback
may mitigate but will not prevent odor from reaching neighboring properties.
One thing to note is that any setback or area requirements will be more difficult to
meet on smaller properties and/or properties with multiple dwellings on the same
lot. The code compliance complaints received by the City thus far have been
single-family dwelling situations with one dwelling unit on one lot.
Marijuana-Related Businesses
Marijuana-related businesses are those enterprises allowed by state law and
licensed by the State including processing, production (growing), retail sales
(medical and recreational), testing (laboratories), and wholesale storage and
distribution.
The draft ordinance amendments allow marijuana retail sales as a special and
conditional use in the C-1 and E-1 zones and allow processing, production,
testing, and wholesale as special permitted uses in the E-1 and M-1 zones.
The previous standards for medical marijuana dispensaries are carried forward
and some of those previous requirements are applied to all of the marijuana-
Marijuana-related businesses
related businesses. must meet the following
requirements.
The business must be located in a permanent building. Outdoor storage
and cultivation is prohibited.
Any modifications of the site or building must obtain Site Design Review if
required. Security bars and grates on windows and doors are prohibited.
Marijuana remnant or byproducts shall have secure disposal.
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Applicant: City of Ashland Page 5 of 10
The business must obtain an approved license or registration from the
State of Oregon and meet all applicable state laws and administrative
rules.
Lighting systems associated with indoor cultivation must be shielded and
windows covered to confine light and glare to the interior of the structure.
Grow light systems within a greenhouse are prohibited.
Any structure, electric service, plumbing, or mechanical equipments must
satisfy Building Code requirements and obtain require building permits
prior to installation.
The property owner must record a declaration which waives the right to
hold the City liable for damages from state or federal enforcement actions
for activities the City permits under the new code.
Marijuana retail sales
continue to be prohibited in the Downtown Design
Standards Overlay. There are two approval routes for retail sales depending on
the proposed location. If the establishment will be located on a boulevard,
marijuana retail sales continue to be a special use that must meet the special use
standards in 18.2.190.B. If the establishment will not be located on a boulevard
but is 200 feet or more from a residential zone, marijuana retail sales continue to
require a conditional use permit. The attached dispensary map shows the
locations of the approved medical marijuana dispensaries in Ashland.
Marijuana retail sales
must meet the standards required for marijuana-related
businesses (described above on page 4) and the following standards.
Retail sales must be not be located within 1,000 feet of another marijuana
retail sales outlet.
The retail sales outlet may not include a drive-up use.
arijuana laboratories, processing, and production
M must meet the standards
require for marijuana-related business and the following standards.
Production facilities are limited to 10,000 square feet of gross leasable
floor area per lot.
Laboratories, processing, and production facilities must be located 200
feet or more from residential zones.
Discussion of Marijuana-Related Businesses
marijuana production
The proposed amendments limit facilities to 10,000
square feet of gross leasable floor area per lot. Outdoor cultivation associated
with marijuana production is prohibited. OLCC recently released draft rules
covering general requirements applicable to all marijuana licenses for the
marijuana-related businesses. The draft rules limit canopy sizes to 5,000 to
10,000 feet for indoor production.
Planning Action PA 2015-01677 Ashland Planning Division – Staff Report
Applicant: City of Ashland Page 6 of 10
States such as Colorado have allowed commercial grow operations in
warehouse structures. Reported problems include high square footage needs
with relatively few employees, continuous lighting, and inflated light industrial or
warehouse rents. While none of the information is definitive, it may be prudent to
initially limit the indoor grow operations so that employment lands are preserved
for a variety of uses and employment intensities.
According to the City’s 2007 Economic Opportunity Analysis (EOA),
approximately 15% of Ashland’s employment is in the industrial or manufacturing
sector. The average employment density for the City’s commercial, health care,
employment, industrial zones is 17.2 employees per acre with more specifically
an average of 9.2 employees per acre in the E-1 zone and 12.1 in the M-1 zone.
Based on the average of 17.2 employees per acre, the employment land supply
is projected to be sufficient through 2027, but begin to experience some deficits
in the 2028-2057 time period.
The existing code limits retail establishments in the E-1 zone to 20,000 square
feet in size. The intent of this code provision is to retain a sufficient amount of E-1
land for light industrial uses. The limitation on the size of production operations
would be similar. The square footage limitation would allow indoor marijuana
production of a reasonable size while preserving employment lands for different
uses and potentially uses with higher employee per acre ratios.
Currently, medical marijuana dispensaries must be located at least 200 feet from
residential zones. The draft is written so that the processing, production, retail,
and testing operations would also have to meet this requirement.
Because the legal marijuana industry is new, there is limited information available
about the impacts from marijuana laboratories, processing, and production and
whether the uses create different or additional impacts (e.g., noise, odor, energy
use, water use) compared to other general manufacturing uses. Typically, uses
are required to be setback from residential zones if there are impacts such as
odor from auto body painting or noise such as heavy machinery operation.
The existing code requires automobile and truck repair, auto body repair or
painting, and kennels with animals housed outside to be at least 200 feet from
residential zones. Cabinet, carpentry and machines shops can be located within
200 feet of a residential zone but are a conditional use. Wholesale distribution is
allowed as a special permitted use within 200 feet of residential as long as the
hours of deliveries and shipments occur between 9:00 a.m. and 7:00 p.m.
Changes to Draft
Changes or additions to the draft made since the August 25, 2015 Planning
Commission study session are highlighted. Several changes are not highlighted
Planning Action PA 2015-01677 Ashland Planning Division – Staff Report
Applicant: City of Ashland Page 7 of 10
because previous wording was removed from the proposed amendments. A
summary of the changes with references to the page numbers in the ordinance is
below.
Laboratory
(page 10) – Laboratory was added as an eligible use in the E-
1 and M-1 zones. The State recently added laboratories to the type of
eligible licenses for marijuana-related businesses. Laboratories are for
testing marijuana and marijuana-related products.
Home Occupation
(page 13) – Marijuana-related business was added to
the list of prohibited uses for a home occupation. Previously, medical
marijuana dispensary was a prohibited home occupation.
Total Number of Plants
– The limitation of the total number of plants on a
property including both indoor and outdoor locations was deleted. In
discussions with other departments, it appears that this provision would be
difficult to enforce. Instead, emphasis is place on the correct installation of
electric, plumbing, and other mechanical equipment and maintaining the
residential use of the property.
Sliding Scale
– The allowance to increase the number of plants on
residential properties for every 2,500 square feet of additional lot area was
deleted based on the Planning Commission discussion.
Primary Residence
(page 14) – For homegrown marijuana in section
18.2.3.190.A, the wording regarding primary residence was edited to
make it clear that the resident grower must live on the property and the
property must be the resident grower’s primary residence.
Homemade Marijuana Extracts
– The prohibition of homemade
marijuana extracts was deleted. The recent legislation allows personal
making, processing, or storing of up to 16 ounces of homemade marijuana
concentrates.
Access
(page 14) – Language was added requiring outdoor cultivation
areas to be secured at all times to prevent unauthorized access. Also,
previous language regarding greenhouses was deleted.
Cultivation Area Location
(page 14) – Language added requiring an
outdoor cultivation area to be located closer to the resident grower’s
residence than to a neighboring dwelling. Also, language added allowing
outdoor cultivation area to be in separate cultivation areas.
Plant Height
(page 15) – Language added requiring plants to not exceed
ten feet in height.
Plumbing
(page 15 and 16) – Plumbing added to the list of items for
indoor grows that must meet Building Code and obtain any necessary
building permits.
Vacant Dwellings
(page 16) – Language added prohibiting vacant or
uninhabited dwelling units from being used for marijuana cultivation.
Federal Law
(page 16) – 18.2.3.190.B.f reworded for clarity.
State Law and Rule References
– Specific ORS and OAR citations were
removed. The state laws and rules are rapidly evolving and it is difficult to
Planning Action PA 2015-01677 Ashland Planning Division – Staff Report
Applicant: City of Ashland Page 8 of 10
continually update the references in the local code. Staff consulted with
the Legal Department on this issue.
Retail Sales Separation
(page 18) – Language was added requiring
1,000 feet between retail sales outlets.
Health Care Services District
(page 20) – Language added allowing
residences in the Health Care Services District to have homegrown
marijuana. For example, much of the area round the hospital is residential
and has the right to residential uses subject to the requirement of the R-2
zone.
North Mountain Neighborhood Zone
(page 22) – Language added
allowing residences in the North Mountain Neighborhood zone to have
homegrown marijuana as well as other agricultural uses allowed in the
residential zones.
Definitions
(page 23) – A variety of definitions were edited for clarity and
several definitions were added. For example, the licensed marijuana-
related businesses were edited and consolidated in one grouping.
II. Procedural
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are as follows:
B. Type III.
It may be necessary from time to time to make legislative amendments in
order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type III procedure applies to the creation, revision,
or large-scale implementation of public policy requiring City Council approval and
enactment of an ordinance; this includes adoption of regulations, zone changes for
large areas, zone changes requiring comprehensive plan amendment,
comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for
annexation information), and urban growth boundary amendments. The following
planning actions shall be subject to the Type III procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except
where minor amendments or corrections may be processed through the Type II
procedure pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to
other official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
III. Conclusions and Recommendations
If the Commission recommends approval of the attached ordinance, staff will prepare a
formal recommendation to the Council for the Commission’s review. The public hearing
is scheduled at the Council on November 17, 2015.
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Attachments
:
Draft Ordinance
Dispensary Map
Written Public Comments Received to Date
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Applicant: City of Ashland Page 10 of 10
ORDINANCE NO.______
AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 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.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined throughbold underlined
and additions are .
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 2400 amending the Oregon Medical Marijuana Act
(OMMA) and Measure 91;and
WHEREAS,
Article 2. Section 1 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 25
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 all four 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 November 17,
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 25
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 25
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.
I. 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 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
1
A. Agricultural Uses
and Farm Use,Keeping
Agriculture except
Animal sales, feed yards, keeping of
of Bees, and Micro-Livestock,
LivestockP P P P P P N N N swine, commercial compost, or similar
and Marijuana Cultivation and Production
uses not allowed
See Keeping of Livestock and Bees
Keeping of Bees S S S S S S S N N
standards in
Sec. 18.2.3.160
Keeping of Livestock S N N N S S N N N
Keeping of Micro-Livestock S S S S S S N N N
Sec. 18.2.3.190
Marijuana Cultivation, Homegrown S S S S S S S S S
See General Industrial, Marijuana
Production
B. Residential Uses
See Single-Family standards in Sec.
18.2.5.090
Sec. 18.2.3.130 for C-1 zone and E-1
Single-Family Dwelling P P P P P P S S N
zone
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040
Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling
Sec. 18.2.3.170 and not allowed in
Manufactured Home on Individual Lot S S S S N N N N N
Historic District Overlay
CU+
Manufactured Housing Development N S N N N N N N Sec. 18.2.3.180
S
Sec. 18.2.3.130 for C-1 zone and E-1
zone
Multifamily Dwelling N P P P N N S S N
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
1
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 5 of 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
and 18.2.5.070
B. Residential Uses
2
(continued)
Rental Dwelling Unit Conversion to For-
N N S S N N N N N Sec. 18.2.3.200
Purchase Housing
Home Occupation S S S S S S S S N Sec. 18.2.3.150
C. Group Living
See chapter 18.3.3 Health Care
Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N
Services
Residential Care Home P P P P P P N N N Subject to State licensing requirements
Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements
Room and Boarding Facility N P P P N N N N N
D. Public and Institutional Uses
Airport See chapter 18.3.7 Airport Overlay
Cemetery, Mausoleum, Columbarium N N N N CU N N N N
Family Child Care Home exempt from
planning application procedure pursuant
to ORS 329A.440, see part 18.6 for
Child Care Facility CU CU CU CU CU CU P P P
definition
Subject to State licensing requirements
Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU
Community Service, includes Governmental
Offices and Emergency Services (e.g., CU CU N N CU CU P P P
Police, Fire); excluding Outdoor Storage
Electrical Substation N N N N N N CU CU P
See chapter 18.3.3 Health Care
Hospitals CU CU CU CU CU N N N N
Services
2
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 6 of 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
D. Public and Institutional Uses
3
(continued)
Governmental Offices and Emergency
Services (e.g., Police, Fire); excluding CU CU N N CU CU P P P
Outdoor Storage
Mortuary, Crematorium N N N N CU N P P P
Public Park, Open Space, and Recreational
Facility, including playgrounds, trails, nature
P P P P P P N N N
preserves, athletic fields, courts, swim pools,
similar uses
Public Parking Facility N N N N N N P N N
Public Works/Utilities Storage Yard; includes
N N N N N N N P P
vehicle and equipment, maintenance, repair
Not allowed within 200 ft of a
Recycling Depot N N N N N N N P P
residential zone
Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU
School, Private (Kindergarten and up) CU CU CU CU CU CU N N N
School, Public (Kindergarten and up) P P P P P CU N N N
School, Private College/Trade/Technical
N N N N N N N CU P
School
Utility and Service Building, Yard and
Structure, Public and Quasi-Public,
CU CU N N CU CU P P P Yards not allowed in the C-1 zone
excluding underground utilities and electrical
substations
ooo
/r/r/r
PPP
Wireless Communication Facility CU CU CU CUCUCU
Sec.18.4.10
CUCU CU
E. Commercial Uses
Amusement/Entertainment, includes theater,
concert hall, bowling alley, miniature golf, N N N N N N P CU P
arcade; excluding drive-up uses
Automotive and Truck Repair, or Service;
Sec. 18.2.3.050
S or S or
includes fueling station, car wash, tire sales N N N N N N P
CU CU
In C-1 zone, fuel sales and service
and repair/replacement, painting, and other
3
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 7 of 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
repair for automobiles, motorcycles, aircraft, limited to Freeway Overlay, see chapter
boats, RVs, trucks, etc. 18.3.8
In E-1 zone, fuel sales requires CU
permit
4
E. Commercial Uses
(continued)
Automotive Sales and Rental, except within
Except not allowed within Historic
the Historic Interest Area; includes N N N N N N CU CU P
District Overlay
motorcycles, boats, RVs, and trucks
Bakery, except as classified as Food
N N N N N N P P P
Processing
Commercial Laundry, Cleaning, and Dyeing
N N N N N N S S P Sec. 18.2.3.080
Establishment
Commercial Recreation, includes country
club, golf course, swimming club, and tennis
CU CU N N CU CU N N N
club; excluding intensive uses such as
driving range, race track, or amusement park
In R-2 zone, uses limited to personal
and professional services, except see
Sec. 18.2.3.210 for retail uses allowed
in Railroad Historic District
Commercial Retail Sales and Services, CU+
In E-1 zone, Retail limited to 20,000 sq
N N N N N P S S
except Outdoor Sales and Services S
ft of gross leasable floor space per lot.
In M-1 zone, uses limited to serving
persons working in zone
See Marijuana Retail Sales
Per Sec. 18.2.3.100, Drive-Up uses are
Drive-Up Use N N N N N N S N limited to area east of Ashland St at
intersection of Ashland St/Siskiyou Blvd
*In C-1 zone, requires annual Type I
review for at least the first three years,
after which time the Planning
Hostel N N CU CU N N CU* N N
Commission may approve a permanent
facility through the Type II procedure
4
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 8 of 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
5
E. Commercial Uses
(continued)
Hotel (See also Hostel and Traveler’s
N N N N N N CU CU P
Accommodation)
No animals kept outside within 200
Kennel (See also Veterinary Clinic) N N N N N N S S CU
feet of a residential zone
Limited Retail Uses in Railroad Historic Sec. 18.2.2.210for Retail Uses Allowed
N CU CU CU N N N N N
Districtin Railroad Historic District
Lumber Yard and Similar Sales of Building
or Contracting Supplies, or Heavy N N N N N N N CU P
Equipment
MedicalDispensaryRetail
Marijuana
S or S or
Sales, includes sale of medical and
N N N N N N S Sec. 18.2.3.190
CU CU
recreational marijuana
Not allowed within the Historic District
Nightclub, Bar N N N N N N S CU P
Overlay unless located in C-1-D
Office (See also Commercial Services) N N CU CU N N P P P
Outdoor Storage of Commodities or
N N N N N N CU CU P
Equipment associated with an allowed use
, except
Plant Nursery, Wholesale
N N CU CU N N N N N
Marijuana Cultivation and Production
Self-Service Storage, Commercial (Mini-
N N N N N N N CU P
Warehouse)
Traveler’s Accommodation (See also CU+CU+
Sec. 18.2.3.220
N N N N N N N
Hostels and Hotels) SS
Veterinary Clinic N N N N N N P P P
F. Industrial and Employment Uses
In the E-1 zone, uses within 200 feet
/ or
Cabinet, Carpentry, and Machine Shop, and S
N N N N N N N
Pof a residential zone require CU
related Sales, Services, and Repairs CU
permit
Commercial Excavation and Removal of
CU+
Sand, Gravel, Stone, Loam, Dirty or Other N N N N N N N N Sec. 18.2.3.070
S
Earth Products
5
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 9 of 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
F. Industrial and Employment Uses
6
(continued)
Concrete or Asphalt Batch Plant N N N N N N N N CU
Dwelling for a caretaker or watchman N N N N N N N CU CU
In the C-1 zone, manufacture or
assembly of items sold is a permitted
Food Products use, provided such manufacturing or
Manufacture/Processing/Preserving, assembly occupies 600 square feet
N N N N N N S S P
including canning, bottling, freezing, drying, or less, and is contiguous to the
and similar processing and preserving. permitted retail outlet
In the E-1 zone, See Sec. 18.2.3.140
Sec. 18.2.3.190
, includes Marijuana oror
Manufacture, GeneralPP
N N N N N N N
Laboratory, Processing, and ProductionSSSee Marijuana Cultivation,
Homegrown
Requires assembly, fabricating, or
packaging of products from
previously prepared materials such
as cloth, plastic, paper, cotton, or
wood
Manufacture, Light; excluding saw, planning
N N N N N N S P P
or lumber mills, or molding plants. In the C-1 zone, manufacture or
assembly of items sold in a permitted
use, provided such manufacturing or
assembly occupies 600 square feet
or less, and is contiguous to the
permitted retail outlet
Outdoor Storage of Commodities or
N N N N N N CU CU P
Equipment associated with an allowed use
Television and Radio Broadcasting Studio N N N N N N N P P
Deliveries and
Distribution uses
,shipments limited to 7AM-9PM
Wholesale Storage and Distribution
NS PS
N N N N N N N
includes Marijuana Wholesalen
within 200 feet of a residential zone
limited to 9PM-7AM
6
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 10 of 25
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
Sec. 18.2.3.190
F. Industrial and Employment Uses
(continued)
Wrecking, Demolition, and Junk Yards N N N N N N N N CU
7
G. Other Uses
Temporary Tree Sales NNNNNNPNNAllowed from November 1 to January 1
Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H
7
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 11 of 25
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. Storage.
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 25
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.
Medical marijuana dispensaryMarijuana-related business
g..
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 25
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 Marijuana Dispensary 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 marijuana
cultivation in part 18-6.
1. Primary Residence. The resident grower must live on the property where the cultivation
of homegrown marijuana 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 marijuana
shall be located within the dwelling unit or an accessory structure and shall not be
located outdoors.
3. Outdoor Cultivation. Up to four marijuana plants per lot are allowed to be grown
outdoors. 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.
c. Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall
meet all of the following dimensional standards including Table 18.2.3.190.c.
i. 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.
Ordinance No. ____ Page 14 of 25
ii. Marijuana plants may be located in one cultivation area or in separate cultivation
areas throughout a yard.
Table 18.2.3.190.3.c Outdoor Cultivation Dimensional Standards for Homegrown Marijuana
Number of MaximumMaximumMinimum Setback from Minimum Setbackfrom
Marijuana PlantsCultivation Area Marijuana Plant Any Property LineDwellings on Adjoining
123
AllowedHeightProperties
4 or fewer plants 50 square feet10 Feet10 feet20 feet
All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the
1
cultivation area. Where plants are located separately, the combined total of the individual cultivation shall not exceed
the maximum cultivation area.
2
Marijuana plants shall not exceed ten feet in height from the top of the average surrounding grade.
3
Marijuana 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.
i. 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 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. Twenty-four-hour emergency 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.
4. 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.
Ordinance No. ____ Page 15 of 25
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 cultivation and storage of
merchandise, raw materials, or other material associated with the business is
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 grates 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. 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.
g. A marijuana-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, and Production. In addition to the standards
described above in subsection 18.2.3.190.B.1, marijuana laboratories, processing, and
Ordinance No. ____ Page 16 of 25
production shall meet the following requirements. See definition of marijuana processing
and production in part 18.6.
a. Marijuana laboratories, processing, and production shall be located 200 feet or more
from residential zones.
b. Marijuana production shall be limited to 10,000 square feet of gross leasable floor
area per lot.
3. Marijuana Retail Sales. In addition to the standards described above in subsection
18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See
definition of marijuana retail sales in part 18.6.
A.Boulevard Location. Medical marijuana dispensariesarepermitted subject to all of
the following design standards.
1.The dispensary must be located 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
trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw
materials, or other material associated with the dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the
dispensary must be consistent with the Site Design Use Standards, and obtain
Site Review approval if required by section 18.5.2.020. Security bars or grates on
windows and doors are prohibited.
4.The dispensary establishment must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or by-
products; such remnants or by-products shall not be placed within the
dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the state of
Oregon’s medical marijuana facility registration system under ORS 475.300 –ORS
475.346, and meets the requirements of OAR Chapter 333 Division 8 Medical
Marijuana Facilities.
B.Other Locations. Medical marijuana dispensaries, except as allowed in section
18.2.3.190.A, are subject to aConditional Use Permit under chapter 18.5.4 and shall
meet all of the following requirements.
1.The dispensarymust be located 200 feet or more from a residential zone, 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
trailer, cargo container, or motorvehicle. Outdoor storage of merchandise, raw
materials, or other material associated with the dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the
Ordinance No. ____ Page 17 of 25
dispensary must be consistent with the Site Design Use Standards, and obtain
Site Review approval if required by section 18.5.2.020. Security bars or grates on
windows and doors are prohibited.
4.The dispensary must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or by-
products; such remnants or by-products shall not be placed within the
dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the state of
Oregon’s medical marijuana facility registration system under ORS 475.300 –ORS
475.346, and meets the requirements of OAR Chapter 333 Division 8 Medical
Marijuana 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 subject to a
Conditional Use Permit under chapter 18.5.4 and shall meet all of the following
requirements.
iii. Marijuana retail sales are not permitted in the Downtown Design Standards Zones.
iv. Marijuana retail sales must not be located within 1,000 feet of another marijuana
retail sales establishment. For the purposes of determining the distance between
a retail sales establishment and another retail sales establishment “within 1,000
feet” means a straight line measurement in a radius extending for 1,000 feet or
less in every direction from the closes point anywhere on the premises of an
approved retail sales establishment to the closest point anywhere on the premises
of a proposed retail sales establishment. If any portion of the premises of a
proposed retail sales establishment is within 1,000 feet of an approved retail sales
establishment it may not be approved.
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.B.2.
B. Guesthouse.
A guesthouse may be maintained accessory to a single-family dwelling provided
there are no kitchen cooking facilities in the guesthouse.
Ordinance No. ____ Page 18 of 25
C. Greenhouse or Hothouse.
A greenhouseor hothouse may be maintained accessory to a dwelling
See section 18.2.3.190 for homegrown marijuana cultivation and
in a residential zone.
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.
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.
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
Ordinance No. ____ Page 19 of 25
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 18.3.3 \[Health Care Service District\] 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.and agricultural
Residential 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 6
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.
Ordinance No. ____ Page 20 of 25
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 21 of 25
Table 18.3.5.050 North Mountain Neighborhood Uses Allowed by Zone
–
8
9
North Mountain Neighborhood Zones
NM-R-1-7.5NM-R-1-5NM-MFNM-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
Agricultural UsesPPPPS
Home Occupations P P P P N
Agricultural UsesPPPPS
Keeping of Livestock and BeesSSSSS
Marijuana Cultivation, HomegrownSSSSN
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 N CU
Religious Institution, Houses of Worship N
N N N S
Utility and Service Building, Public and
N
Quasi-Public, excluding outdoor storage N N N S
and electrical substations
B. Commercial
Neighborhood Clinics N
N N N P
Neighborhood Oriented Retail Sales and
N
N N N P
Services
Offices, Professional N
N N N P
Restaurants N
N N N P
Temporary uses N
N N N CU
C. Industrial
Manufacturing, Light N
N N N S
1
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
2
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open
Space.
D. Special Permitted Uses.
The following uses and their accessory uses are special permitted
uses as listed in the Land Use Table and are subject 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.
b. One accessory residential unit is allowed per lot, and the maximum number of
dwelling units must not exceed two per lot.
8
Key: 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; CI = Compatible Industrial; OS = Open
Space.
Ordinance No. ____ Page 22 of 25
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.
a.
In the NM-Civic zone, agriculture may include community garden space.
3. Keeping of Livestock and Bees. Subject to standards in section 18.2.3.160.
4. Marijuana Cultivation, Homegrown. Subject to standards in section 18.2.190.
3. Community Services.
a. In the NM-R-1-5 zone, each building may be 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. 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
SECTION 7
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
Ordinance No. ____ Page 23 of 25
other transparent or translucent material and in which the temperature and humidity
can be regulated for the cultivation of fragile or out-of-season plans 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 another 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.
- Resident Grower. An individual engaged in the cultivation of homegrown
marijuana for personal consumption, whether for medical or non-medical
purposes, or for another 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.
- 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.
Ordinance No. ____ Page 24 of 25
- 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.
Medical Marijuana DispensaryAny facility registered by the OregonHealth Authority
-.
under ORS 475.300 to 475.346 that dispense marijuana pursuant to ORS 475.314.
SECTION 8. Savings
. 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 9. 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 10. 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.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _____day of ______________, 2015,
and duly PASSED and ADOPTED this _____ day of ________________, 2015.
_______________________________
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of, 2015.
________________________
John Stromberg, Mayor
Reviewed as to form:
_______________________________
David H. Lohman, City Attorney
Ordinance No. ____ Page 25 of 25
Medical Marijuana Dispensaries
Eligible Locations
eligible locations
E-1 and C-1 zoned lands
commercially zoned properties
further than 200' from
(E-1, C-1 & M-1)
Residential zoned property
adjacent to a boulevard
(Conditional Use Permit)
exclusion areas
1000' buffer from a
Downtown Design
licensed dispensary
Standards Overlay
commercially zoned lands
1000' buffer from a school
within 200' of residentially
zoned property
commercially zoned property
within 1000' of a school
\[
Feet
boulevards
01,0002,000
Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
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As with any public comment process, participation in Open City Hall is voluntary. The responses in this record are not necessarily
representative of the whole population, nor do they reflect the opinions of any government agency or elected officials.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
As of October 9, 2015, 9:07 AM, this forum had:
Attendees:148
On Forum Responses:15
All Responses:27
Hours of Public Comment:1.4
This topic started on August 24, 2015, 10:30 AM.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Responses
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Answered15
Skipped0
4
grow
house
growing
allowed
average
four
does
000
10
number
household
medical more
limit
like lots
lot
much
plants
plant
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people
reasonable
one
other
oz
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users
than
residential
t use
sqft
state
what
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recreational
two
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
Answered14
Skipped1
from
growing
plants
lot
all
around
chemicals
outdoor
property
line
30
dwelling
setback
setbacks
reasonable
seems
small
restrictions
several
size
requirement
they
smell
what
suggest
so
through
How do you feel about the limitation on allowable growing area?
Answered13
Skipped2
growing
ashland
area
limiting
limits
average
all
forcing
indoor
grow
-
residents
plants
neighbors
s
unfair
sufficient
small
off
ordinance
needs
space
outdoor
your
what
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Are there other elements of the ordinance you would like to see added, amended or removed?
Answered13
Skipped2
could
4
do
enforcement
evil
91
go
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from
complain
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plant
neighbors
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see
your
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Gabe Roland inside AshlandSeptember 30, 2015, 6:38 PM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
That seem reasonable, but recent State laws have addressed this, limiting grows within city limits to 12 plants.
Perhaps that's a bit much for the average residential lot, I can understand that SOU is probably weary about
their perceived college atmosphere... But then again, it's a relatively safe plant that statistically shows a
decrease in alcohol and pharmaceutical dependence among users... If the City of Ashland is absolutely set on
additional ordinances above and beyond state statute, I'd suggest a maximum of 10 outdoor. One medical card
and 4 recreational is a fair compromise. What if a legitimate patient lives in a house of recreational users? That
patient deserves cheap access to medicine and the opportunity to grow his/her 6 plants!
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
A 10-20ft setback requirement seems reasonable at first glance. But after some thought, this requirement
effectively prohibits residents from growing their 4 - which is a prominent reason why our community voted for
measure 91. I'd hate to see "prohibition through regulation:" What about apartment complexes? Trailer parks?
Even small lots? Every residence, regardless of lot size, deserves the opportunity to plant a seed. Surely
Portland isn't purposing such strict alterations.
How do you feel about the limitation on allowable growing area?
This is what bothers me most about the purposed ordinance. Dave Canner and other involved city officials -
step off your high horse and stop pretending that you represent the needs of Ashland residents! Our community
voted 78% in favor of measure 91 and a sole city administrator has no right to drastically alter our voice! Fifty
square feet is not sufficient to meet the needs of the average recreational household - or more importantly
medical! Remember that fear mongering article about indoor growers forcing up the price of electricity for all
Ashland residents? Your ordinance is effectively forcing Ashland residents to do exactly that. Indoor growing is
incredibly energy intensive and your outdoor growing restriction is not congruent with the environmental
stewardship of Ashland residents.
Are there other elements of the ordinance you would like to see added, amended or removed?
Just please be reasonable. All the restriction, oversight and enforcement sounds like a great way for the city to
waste resources - another reason why we, the community, voted for measure 91. We've already wasted
$100,000 of taxpayer money on a purposed local tax that was clearly against measure 91 guidelines. Why don't
we focus on more important issues, until this actually becomes an issue?
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Ryan Marks inside AshlandSeptember 14, 2015, 10:19 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
No. State has given everyone 4, that is sufficient for recreational. Medical should be left alone since its
MEDICAL. I feel this way because you will be taking away from patients who need it. Many patients rely on
growers to grow theirs for a number of reasons; they don't have the means, time, knowledge.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
No the setbacks are absurd. I would suggest not looking at what you have for livestock seeing that we are
talking about plants, not animals or bees. Also 20' from a property line and 30' from a dwelling is eliminating
alot of homes in Ashland. What is the average lot size? 30' wide? Lose the property line set back and revise the
spacing from a dwelling. 10' from dwellings...
How do you feel about the limitation on allowable growing area?
Limiting the grow area is too hard..you have not given sufficient space for each plant. When this is combined
with the set back you have become unfair and unreasonable. 50sq' and 100sq' should be looked at again, what
was your previous numbers in the first draft? Why were they increased?Limiting the grow area will not diminish
any odor the plants put off.
Are there other elements of the ordinance you would like to see added, amended or removed?
If you, the mayor, decides to sign off on this you should most certainly remove any smell ordinance related to
the growing of marijuana.
Revise the use of grow lights within a greenhouse. That should be allowed.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Andrew Kubik inside AshlandSeptember 12, 2015, 12:39 PM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
No outdoor growing
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
No outdoor growing
How do you feel about the limitation on allowable growing area?
No outdoor growing
Are there other elements of the ordinance you would like to see added, amended or removed?
No outdoor growing
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Russ Silbiger inside AshlandSeptember 3, 2015, 9:18 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
4 plants, per voter approved state law. Not sure about medical.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
The proposed setbacks are far to exclusionary, and will unfairly limit planting.
How do you feel about the limitation on allowable growing area?
Not sure what the point of that is at all
Are there other elements of the ordinance you would like to see added, amended or removed?
Keep it simple, allow 4 plants.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Doug MacDonell inside AshlandSeptember 3, 2015, 8:35 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Four plants should be enough. I think even a mediocre grower should be able to get a pound per plant. Four
plants X 16 0z per plant = 64 oz of bud, which works out to 64/52 = 1.23 oz. per week.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
I recognize the need for setbacks, and while I have nothing against pot and its cultivation, the smell can be
obnoxious. I would suggest patches be planted to maximize setback in the lot, whatever that distance may be.
How do you feel about the limitation on allowable growing area?
No Response
Are there other elements of the ordinance you would like to see added, amended or removed?
This is probably crazy but how about a community pot garden? It could be card locked and video monitored,
and the location could be such that the maximum distance to residences is maximized. People could be
charged a few bucks a month to cover costs.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Diana Trygg inside AshlandAugust 31, 2015, 12:57 PM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Current plant limitation is fine.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
Seem fair.
How do you feel about the limitation on allowable growing area?
No opinion.
Are there other elements of the ordinance you would like to see added, amended or removed?
No Response
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Joan Drager inside AshlandAugust 26, 2015, 2:41 PM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
The number of plants should be limited to what the state has legally determined. Each property in a residential
area should only be allowed to grow per household the legal amount, not a multiple by the number of residents
in household. In other words no more than 4 or 6 plants per residence.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
No Response
How do you feel about the limitation on allowable growing area?
No Response
Are there other elements of the ordinance you would like to see added, amended or removed?
If there is a stink how long? or should a neighbor have to endure it? if their neighbor is growing their plants
outdoors. No one should have to live or breathe in a stench. What recourse does a person have?
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Mary Curtis inside AshlandAugust 26, 2015, 11:57 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Outdoor growing, both for medical or personal use, in a residential zone should definitely have a limit on the
number of plants. 4 seems like a reasonable number per household, but I would prefer it to be zero. We used to
have a medical grow house in our neighborhood that grew for 13 licenses. Their plants were in a garage with no
air filter and the smell in the late summer and fall still blew up the street with the prevailing afternoon winds right
into my front door. It was sickening, pervasive, and constant for three months. There's a house down the street
that has a huge grow lot in their backyard and I can hardly walk by it during the summer and fall without
gagging. My dog doesn't even like walking past their house! I'm not against people using weed recreationally or
medically, but it should not infringe on other people's quality of life. No other garden plant puts out the stink that
cannabis does. No one's backyard barbeque affects other people's ability to enjoy their outdoor space for the
length of time that maturing cannabis does. Even when people smoke a joint, the smell is temporary. I think 4
plants is generous.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
If you have to build a structure (like a dome?) around it to contain the smell, there are setback restrictions that
are reasonable. If these setback restrictions accomodate potential structures around the growing area, then
they are reasonable.
How do you feel about the limitation on allowable growing area?
In residential areas, there should be strict limits on growing controlled substances. There are limits on the
number of chickens and beehives, and area for those activities in neighborhoods. Same should be true for pot
gardens.
Are there other elements of the ordinance you would like to see added, amended or removed?
I would like to see something about enforcement added to the ordinance. There is an ordinance regarding
nuisance barking - neighbors complain to neighbors first, and if the offender doesn't do something to alleviate
the problem, there are consequences. The same type of enforcement element should be included in this
ordinance. For example, if your neighbor ignores your request to move their plants or modify their garden
situation because the smell is repulsive in your yard, you should be able to complain to the City. Multiple
complaints should render progressive fines that become a deterrent. There should also be a way to enforce the
"4 plant" and "allowable growing area" rules. What's the point of the rule if you don't have a way to enforce it?
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Ellen Campbell inside AshlandAugust 26, 2015, 10:01 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
The limit should be no plants outdoors. The odor of the plants
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
I would suggest no plants outdoors
How do you feel about the limitation on allowable growing area?
I feel it would be asking the neighbors to tolerate smell and it's unfair. Growing marijuana is a business and
should not bother the neighbors
Are there other elements of the ordinance you would like to see added, amended or removed?
No Response
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Name not shown inside AshlandAugust 25, 2015, 9:17 PM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
I don't want marijuana growing anywhere near my house. But I cannot control that now. It does not seem fair to
limit how many plants someone can grow on their land based on how much house and land they can afford. But
there should be a reasonable limit to person usage. Unless the Brady Bunch are all blazing up together,
someone does not need 12 plants in one household. 1-2 plants per person or 3-4 plants per household seems
reasonable.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
This is again going to favor Ashlanders that have more wealth than not. But the proposal seems appropriate.
Should at least reduce the harm of all the chemicals they spray all over their plants. I doubt many people grow
organic non-gmo weed. Rather they inhale chemicals that they would never consume if it were coated on their
food from the Co-op.
How do you feel about the limitation on allowable growing area?
It is a larger space than the average raised bed for home gardening. Would prefer something smaller that would
allow the cultivation of few plants.
Are there other elements of the ordinance you would like to see added, amended or removed?
What about HOA rights? I assume that would violate state law but be within federal law. What happens when an
HOA challenges the law? Not that home owners could afford that battle.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Name not shown inside AshlandAugust 25, 2015, 6:02 PM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Yes, limit the number of plants. In the urban growth boundary, the number of allowed plants should be limited to:
0 plants for lots less than 8,000 sqft
2 plants for lots 8,001 to 10,000 sqft
additional plants allowed 1 plant / 1000 sqft for lots 10,000 sqft to 15,000 sqft.
Outdoor cultivation is extremely odorous. It is unlike almost every other plant grown. It is extremely strong,
much like a skunk spray. This odor can last for up t eight weeks as the plant matures.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
No. increase the setbacks.
No plants should be grown within 150 of neighbors home.
How do you feel about the limitation on allowable growing area?
limit the growth.
Are there other elements of the ordinance you would like to see added, amended or removed?
provide a means for neighbors of plants to protect themselves from invasive weed growers stinking up the
neighborhood and surrounding homes.
Do not let ashland become overrun by weed growers. it will be a detriment to the town.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Ronald Little inside AshlandAugust 25, 2015, 10:44 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Four outdoor plants in a residential neighborhood seems reasonable.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
They are sufficient.
How do you feel about the limitation on allowable growing area?
It's OK
Are there other elements of the ordinance you would like to see added, amended or removed?
I think your proposal seems reasonable. In reality, once retail cannabis is made available to adults (21+), there
will be very little marijuana being grown by individuals. It will be much easier to just go purchase it rather than
go to the hassle and expense of "growing your own." I applaud the city council for not over reacting to a problem
that, at least for now, is only theoretical.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Name not shown outside AshlandAugust 25, 2015, 9:43 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
I live within City limits and have read the draft ordinance.
I see no information regarding weights... Marijuana is normally talked about in oz or lbs. Google search shows
average plant can produce 17 oz. That is more than one lb.
Google search shows average use of one joint per day = 1 lb. per year.
Heavy users (serious medical needs) show use of 3-5 joints per day = 3.25 lbs. pr year.
Therefore 2 plants for a household of two recreational adult users and 3-4 plants for a household of two adult
heavy use medical card holders seem like the more appropriate quantities. Any more than that is excessive
and unnecessary.
What is happening now is that people are growing more than they can use personally and there is an
abundance. Because many folks don't want to risk selling it and getting caught, they are giving it away and
many teens have access to free pot.
Larger lots should not be allowed MORE growing capability, it is still just a single household and only two adult
users should be contemplated unless, of course, the City wants to allow commercial sales in residential zones
(not desirable). So why should a 10k sf lot owner be allowed to grow more than the what average users can
consume?
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
The smell travels for long distances so any setback seems too small. We had a neighbor down the hill from us
and several several blocks away and we could smell it through the fall harvest season so 10-20 ft is
meaningless separation. This is a tough one if you are allowing outdoor growing at all.
How do you feel about the limitation on allowable growing area?
Small patch for small crop makes sense.
Are there other elements of the ordinance you would like to see added, amended or removed?
A plant is a plant, new or mature, I think counting this way makes sense if you have to use plants as your
measure.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Name not shown inside AshlandAugust 25, 2015, 8:38 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
Limit the number of outdoor plants to 4 no matter what size the lot because a strong smell travels and can ruin
my ability to enjoy my own yard.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
yes
How do you feel about the limitation on allowable growing area?
It should match the growing room needed for 4 plants.
Are there other elements of the ordinance you would like to see added, amended or removed?
Limit the total number of plants to 4 no matter what size the lot is.
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Draft Ordinance Growing Marijuana in Ashland
What do you think of the parameters for outdoor growing?
Phyllis Brown inside AshlandAugust 25, 2015, 5:55 AM
Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per
number of plants? How many plants would you suggest? Why do you feel that way?
four. Enough is enough.
Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest?
Yes.
How do you feel about the limitation on allowable growing area?
Good enough.
Are there other elements of the ordinance you would like to see added, amended or removed?
See no evil, smell no evil, count no evil. That should do it to keep the 8th graders from hopping your fence.
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