HomeMy WebLinkAbout3097 Amending AMC 18 MMD
ORDINANCE NO. 3 0017
AN ORDINANCE AMENDING 18.08,18.32.025,18.32.030,18.40.0301
18.40.0409 18.52.020 AND 18.94.120 OF THE ASHLAND MUNICIPAL
CODE ALLOWING MEDICAL MARIJUANA DISPENSARIES IN
SPECIFIED PORTIONS OF THE COMMERCIAL (C-1), EMPLOYMENT
(E-1), AND INDUSTRIAL (M-1) ZONING DISTRICTS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined-tlfouo and additions are in bold underline.
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, the Oregon Legislature enacted House Bill 3460 in 2013 (ORS 475.314) which
requires the Oregon Health Authority to develop and implement a process to register medical
marijuana facilities; and
WHEREAS, under Oregon law, local governments may regulate the operation and location of
certain types of businesses within their jurisdiction limits except when such action has been
specifically preempted by state statute; and
WHEREAS, the City Council determined it is necessary to establish rules and regulations
permitting medical marijuana dispensaries as a new land use within the City and minimizing the
potential impacts to nearby residential neighborhoods; and
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to Title 18 Land Use of the Ashland Municipal Code on May
13, 2014, , and following deliberations, recommended approval of the amendments by a
unanimous vote; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on June 17, 2014 and, following the close of the public
An Ordinance Amending AMC Title 18 for Medical Marijuana Dispensaries Page 1
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 public health, safety and welfare of existing and future residents of the City, it is
necessary to amend the Ashland Land Use Ordinance in the manner proposed, that an adequate
factual base exists for the amendments, that 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. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 18.08 [Definitions] is hereby amended to include the following new
definition:
SECTION 18.08.486 Medical Marijuana Dispensaries.
Any facility registered by the Oregon Health Authority under ORS 475.300 to 475.346
that dispenses marijuana pursuant to ORS 475.314.
SECTION 3. Section 18.32.025 [C-1 Retail Commercial District - Special Permitted Uses] is
hereby amended to read as follows:
SECTION 18.32.025 Special Permitted Uses.
The following uses and their accessory uses are permitted outright subject to the
requirements of this section and the requirements of Chapter 18.72, Site Design and Use
Standards.
A. Commercial laundry, cleaning and dyeing establishments.
1. All objectionable odors associated with the use shall be confined to the lot upon
which the use is located, to the greatest extent feasible. For the purposes of this
provision, the standard for judging "objectionable odors" shall be that of an
average, reasonable person with ordinary sensibilities after taking into
consideration the character of the neighborhood in which the odor is made and the
odor is detected.
2. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
B. Bowling alleys, auditoriums, skating rinks, and miniature golf courses. If parking
areas are located within 200' of a residential district, they shall be shielded from
residences by a fence or solid vegetative screen a minimum of 4' in height.
C. Automobile fuel sales, and automobile and truck repair facilities. These uses may
only be located in the Freeway Overlay District as shown on the official zoning map.
D. Residential uses.
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I. At least 65% of the total gross floor area of the ground floor, or at least 50% of the
total lot area if there are multiple buildings shall be designated for permitted or
special permitted uses, excluding residential.
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1 District,
and 60 dwelling units per acre in the C-1-D District. For the purpose of density
calculations, units of less than 500 square feet of gross habitable floor area shall
count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying C-1 or C-I-D District.
4. Off-street parking shall not be required for residential uses in the C-I-D District.
5. If the number of residential units exceeds 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the standards
established by resolution of the Ashland City Council through procedures contained
in the resolution. The number of units required to be affordable shall be rounded
down to the nearest whole unit.
E. Drive-up uses as defined and regulated as follows:
1. Drive-up uses are defined as any establishment which by design, physical facilities,
service or by packaging procedures encourages or permits customers to receive
services, obtain goods other than automobile fuel, or be entertained while remaining
in their motor vehicles. The components of a drive-up use include kiosks, canopies
or other structures; windows; stalls; queuing lanes and associated driveways. Drive-
up uses may be approved in the C-1 District only, and only in the area east of a line
drawn perpendicular to Ashland Street at the intersection of Ashland Streef and
Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan. The four existing non-conforming financial institution drive-
up use in operation in the Historic Interest Area as of August 7, 2012 may redevelop
or relocate within the C-1 and C-1-D zoned portions of Ashland Historic Interest
Area subject to the following requirements:.
a. Relocation or redevelopment of a drive-up use within the C-I or C-I-D zoned
portions of the Historic Interest Area shall be subject to a Type II Site Review
procedure as a Special Permitted Use.
b. Relocated or redeveloped drive-up uses may only be placed on a secondary
building elevation, and only accessed from an alley or driveway. A secondary
building elevation is defined as a building's side or rear elevation which does not
face a street, other than an alley.
c. Driveways serving relocated or redeveloped drive-up uses shall not enter from or
exit to a higher order street frontage or through a primary elevation of the
building, and driveways or queuing lanes shall be not placed between a building
and the right-of-way other than an alley.
d. No demolition of or exterior change to a building considered to be a historic
resource shall be permitted to accommodate the relocation or redevelopment of a
drive-up use.
e. Regardless of the number of drive-up windows/lanes in use in the current
location, with a relocation or remodel the number of windows/lanes shall be
reduced to one (1).
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3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five minutes.
Failure to maintain this average waiting time may be grounds for revocation of
the approval.
b. All facilities providing drive-up service shall provide at least two designated
parking spaces immediately beyond the service window or provide other
satisfactory methods to allow customers requiring excessive waiting time to
receive service while parked.
c. A means of egress for vehicular customers who wish to leave the waiting line
shall be provided.
d. The grade of the stacking area to the drive-up shall either be flat or downhill to
eliminate excessive fuel consumption and exhaust during the wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as possible
to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-way are
not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels at the
property line and shall otherwise comply with the Ashland Municipal Code
regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July 1,
1984. Drive-up uses may be transferred to another location in accord with all
requirements of this section. The number of drive-up window stalls shall not
exceed 1 per location, even if the transferred use had greater than one stall.
i. A separate ministerial "Drive-Up Transfer" permit shall be obtained for the
transfer of any drive-up use when such transfer is not associated with a Site
Review or Conditional Use permit application in order to formally document
transfer of the use.
j. Drive-up uses which are discontinued without a properly permitted transfer shall
be deemed to have expired after unused for six (6) months. Discontinuation of a
drive-up use is considered to have occurred when the drive-up use is documented
as having ceased on site through a ministerial, Site Review or Conditional Use
permit review, or upon on-site verification by the Staff Advisor.
k. All components of a drive-up use shall be removed within sixty (60) days of
discontinuation of the use through abandonment, transfer, relocation or
redevelopment.
F. Kennel and veterinary clinics where animals are housed outside, provided the-use is
not located within 200' of a residential district.
G. Medical mariiuana dispensaries meeting all of the following requirements:
1. The dispensary must be located on a property with a boundary line adiacent 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
An Ordinance Amending AMC Title 18 for Medical Marijuana Dispensaries Page 4
Site Review approval if required by section 18.72.030. 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.
SECTION 4. Section 18.32.030 [C-1 Retail Commercial District -Conditional Uses] is hereby
amended to read as follows:
SECTION 18.32.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance
with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed as a
special permitted use in 18.32.025.
C. New and used car sales, boat, trailer, and recreational vehicles sales and storage areas,
except within the Historic Interest Area as defined in the Comprehensive Plan.
D. Hotels and motels.
E. Temporary uses.
F. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use.
G. Hostels, provided that the facility be subject to an annual Type I review for at least the
first three years, after which time the Planning Commission may approve, under a Type II
procedure, a permanent permit for the facility.
H. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
1. Churches or similar religious institutions.
J. Wireless Communication Facilities not permitted outright and authorized pursuant to
Section
18.72.180.
K. Structures which are greater than forty (40) feet in height, but less than fifty-five (55)
feet, in the "D" Downtown Overlay District.
L. Medical marijuana dispensaries, except as allowed as a special permitted use in
18.32.025, and meeting all of the following requirements:
1. The dispensary must 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 motor vehicle. Outdoor storage of merchandise, raw
materials, or other material associated with the dispensary is prohibited.
3._ Any modifications to the subiect site or exterior of a building housing the
dispensary must be consistent with the Site Design Use Standards, and obtain
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Site Review approval if required by section 18.72.030. 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.
SECTION 5. Section 18.40.030 [E-1 Employment District - Special Permitted Uses] is hereby
amended to read as follows:
SECTION 18.40.030 Special Permitted Uses.
The following uses and their accessory uses are permitted outright subject to the
requirements of this section, including all requirements of 18.72, Site Design and Use
Standards.
A. Bottling plants, cleaning and dyeing establishments, laundries and creameries.
1. All objectionable odors associated with the use shall be confined to the lot upon
which the use is located to the greatest extend feasible. For the purposes of this
provision, the standard for judging "objectionable odors" shall be that of an average,
reasonable person with ordinary sensibilities after taking into consideration the
character of the neighborhood in which the odor is made and the odor is detected.
2. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
B. Wholesale storage and distribution establishments. Provided, however, that for the uses
specified in subsection A and B above, no deliveries or shipments shall be made from
9pm to lam where the property on which the use is located is within 200 feet of any
residential district.
C. Recycling depots, provided the use is not located within 200' of a residential district.
D. Kennels and veterinary clinics where animals are housed outside, provided the use is not
located within 200' of a residential district.
E. Residential uses. As indicated as R-Overlay on the official zoning map, and in
conformance with the Overlay Zones chapter 18.56.
F. Cabinet, carpentry, machine, and heating shops, if such uses are located greater than 200'
from the nearest residential district.
G. Manufacture of food products, but not including the rendering of fats or oils. For any
manufacture of food products with 200' of a residential district:
1. All objectionable odors associated with the use shall be confined to the lot upon
which the use is located, to the greatest extent feasible. For the purposes of this
provision, the standard for judging "objectionable odors" shall be that of an average,
reasonable person with ordinary sensibilities after taking into consideration the
character of the neighborhood in which the odor is made and the odor is detected.
Odors which are in violation of this section include but are not limited to the
following:
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a. Odors from solvents, chemicals or toxic substances.
b. Odors from fermenting food products.
c. Odors from decaying organic substances or human or animal waste.
2. Mechanical equipment shall be located on the roof or the side of a building with the
least exposure to residential districts. Provided, however, that it may be located at any
other location on or within the structure or lot where the noise emanating from the
equipment is no louder, as measured from the nearest residential district, than if
located on the side of the building with least exposure to residential districts.
Mechanical equipment shall be fully screened and buffered.
H. Cold Storage Plants, if such uses are located greater than 200' from the nearest residential
district.
1. Automobile and truck repair facilities, excluding auto body repair and paint shops. All
cars and trucks associated with the use must be screened from view from the public right-
of-way by a total sight obscuring fence. Facilities of 3 bays or larger shall not be located
within 200' of a residential district.
J. Medical marijuana dispensaries meeting all of the following requirements:
1. _ The dispensary must be located on a property with a boundary line adjacent to a
boulevard.
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 18.72.030. 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 must 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 475300 -
ORS 475.346, and meets the requirements of OAR Chapter 333 Division 8
Medical Marijuana Facilities.
SECTION 6. Section 18.40.040 [E-1 Employment District- Conditional Uses] is hereby
amended to read as follows:
SECTION 18.40.040 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance
with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Mini-warehouses and similar storage areas.
C. Contractor equipment storage yards or storage and rental of equipment commonly used
by a contractor.
D. Automobile fuel sales.
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E. New and used car sales, boat, trailer and recreational vehicles sales and storage areas,
provided that the use is not located within the Historic Interest Area as defined in the
Comprehensive Plan.
F. Hotels and motels.
G. Any use which involves outside storage of merchandise, raw materials, or other material
associated with the primary use on the site.
H. Private college, trade school, technical school, or similar school.
1. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or equal
to 200' from the nearest residential district.
J. Cold storage plants, if such uses are located less than or equal to 200' from the nearest
residential district.
K. Automotive body repair and painting, including paint booths.
1. The use shall not be located within 200' of the nearest residentially zoned property.
2. All objectionable odors associated with the use shall be confined to the lot, to the
greatest extent feasible. For the purposes of this provision, the standard for judging
"objectionable odors" shall be that of an average, reasonable person with ordinary
sensibilities after taking into consideration the character of the neighborhood in which
the odor is made and the odor is detected.
3. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
L. Churches and similar religious institutions.
M. Nightclubs and Bars.
N. Theaters (excluding drive-in) and similar entertainment uses.
0. Temporary uses.
P. Wireless Communication Facilities not permitted outright and authorized pursuant to
Section 18.72.180.
0. Medical marijuana dispensaries, except as allowed as a special permitted use in
18.40.030, and meeting all of the following requirements:
1. The dispensary must be located 200 feet or more from a residential 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 18.72.030. 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 mariiuana 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.
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SECTION 7. Section 18.52.020 [M-1 Industrial District -Permitted Uses] is hereby amended
to read as follows:
SECTION 18.52.020 Permitted Uses.
The following uses and their accessory uses are permitted outright:
A. Any manufacturing, processing, assembling, research, wholesale or storage use.
B. Railroad yards and freight stations, trucking and motor freight stations and facilities.
C. Public and public utility service buildings, structures and uses.
D. Permitted, special permitted and Gconditional uses in the Employment District
listed in Section 18.40.020, 18.40.030 and 18.40.040 of this Chapter, except
residential uses. Medical marijuana dispensaries must meet the special use
requirements of 18.40.030.J.
E. Building materials sales yards.
F.
Chapter
SECTION 8. Section 18.94.120 [Home Occupations - Prohibited Uses] is hereby amended to
read as follows:
SECTION 18.94.120 Prohibited Uses.
The following uses are prohibited as home occupations:
A. Any activity that produces radio or TV interference, noise, glare, vibration, smoke or
odor beyond allowable levels as determined by local, state or federal standards.
B. Any activity involving on-site retail sales, except as allowed in the Historic Railroad
District 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.
C. Any uses described in this section or uses with similar objectionable impacts because
of automobile traffic, noise, glare, odor, dust, smoke or vibration:
1. Ambulance service;
2. Ammunition or firearm sales;
3. Ammunition reloading business;
4. Animal hospital, veterinary services, kennels or animal boarding;
5. Auto and other vehicle repair, including auto painting;
6. Repair, reconditioning or storage of motorized vehicles, boats, recreational
vehicles or large equipment on-site; and
7. Medical marijuana dispensaries.
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", or another word,
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and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections I-
4) 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 acc rdance with Article X,
Section 2(C) of the City Charter on the 1Z_day of 2014,
and dulAarbara ASSED and ADOPTED this day of 2014.
.Christensen, City Recorder
SIGNED and APPROVED this / day of 1
Dennis Sl ry, cil hair
Reviewed a o form:
LL David Lohman, ity Attomey
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