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HomeMy WebLinkAbout2688 Replaces AMC 18.32 & 18.40ORDINANCE NO. 2688 AN ORDINANCE COMPLETELY REPLACING CHAPTERS 18.32, C-1 RETAIL COMMERCIAL DISTRICT AND 18.40, E-1 EMPLOYMENT DISTRICT OF THE LAND USE ORDINANCE OF THE ASHLAND MUNICIPAL CODE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAiN AS FOLLOWS: SECTION 1. Chapter 18.32, C-1 Retail Commercial District, of the Ashland Municipal Code is replaced in its entirety as follows: Sections: 18.32.010 18.32.020 18.32.025 18.32.030 18.32.040 18.32.050 18.32.010 Purpose. "Chapter 18.32 C-1 RETAIL COMMERCIAL DISTRICT Purpose. Permitted Uses. Special Permitted Uses. Conditional Uses. General Regulations. "D" Downtown Overlay District. This district is designed to stabilize, improve and protect the characteristics of those areas providing commercial commodities and services. 18.32.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services. C. Eating, drinking, entertainment and dancing establishments. D. Theaters, but not including a drive-in. E. 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. F. Mortuaries and crematoriums G. Printing, publishing, lithography, xerography, copy centers. H. Temporary tree sales, from November 1 to January 1. I. Public and quasi-public utility and service buildings, and public parking lots, but excluding electrical substations. J. Kennels and veterinary clinics, with all animals housed within structures. 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 objectional 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 "objectional 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 1. 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. 2 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-1-D District. 4. Off-street parking shall not be required for residential uses in the C- 1-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 may be approved in the C-1 District only. 2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan. drawn Street Drive-up uses may only be allowed in the C-1 districts east of a line perpendicular to Ashland Street, at the intersection of Ashland and Siskiyou Boulevard. 4. 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 fiat 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. 3 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. F. Kennels and veterinary clinics where animals are housed outside, provided the use is not located within 200' of a residential district. 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. I. Churches or similar religious institutions. 18.32.040 General Regulations. 4 A. Area, Width, Yard Requirements. There shall be no minimum lot area, width, coverage, front yard, side yard, or rear yard, except as required under the Off-Street Parking and Solar Access Chapters; where required or increased for conditional uses; where required by the Site Review Chapter or where abutting a residential district, where such setback shall be maintained at ten feet per story for side and rear yards. B. Maximum Building Height. No structure shall be greater than 40 feet in height. 18.32.050 "D" Downtown Overlay District. A. In all areas within the "D" Downtown Overlay District, all uses are not required to provide off-street parking or loading areas, except for hotel, motel, or hostel uses. All parking areas provided shall comply with the Off-Street Parking chapter and the Site Review chapter. B. Structures which are greater than 40 feet in height, but less than 55 feet, may be permitted as a conditional use. C. The solar access setback does not apply in the "D" Overlay district." SECTION 2. Chapter 18.40, E-1 Employment District, of the Ashland Municipal Code is replaced in its entirety as follows: "Chapter 18.40 E-1 EMPLOYMENT DISTRICT Sections: 18.40.010 18.40.020 18.40.030 18.40.040 18.40.050 Purpose. Permitted Uses. Special Permitted Uses. Conditional Uses. General Regulations. 18.40.010 Purpose. The district is designed to provide for a variety of uses such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. 18.40.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, and business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services, except that retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor space per lot. C. Eating, drinking, entertainment and dancing establishments. D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery. E. Light manufacturing, assembly, fabricating, or packaging of products from previously prepared materials, such as cloth, plastic, wood (not including saw, planing, or lumber mills or molding plants), paper, cotton, precious or semi- precious metals or stone. F. Manufacture of electric, electronic, or optical instruments and devices. G. Administrative or research establishments. H. Motion picture, television, or radio broadcasting studios operating at an established or fixed location. I. Mortuaries and crematoriums. J. Building material sales yards, but not including concrete or asphalt batch or mixing plants. K. Kennels and veterinary clinics, with all animals housed within structures. L. Bakeries M. Public and quasi-public utility and service buildings and yards, structures, and public parking lots, but excluding electrical substations. N. Manufacture of pharmaceuticals and similar items. 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 objectional 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 "objectional 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 9pro to 7am where the property on which the use is located is within 2()0 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. 1. 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 15 dwelling units per acre. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the E-1 District. 4. Residential uses shall only be located in those areas indicated as R- Overlay within the E-1 District, and shown on the official zoning map. 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. 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 within 200' of a residential district: 1. All objectional 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 "objectional 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: a. Odors froin solvents, chemicals or toxic substances. b. Odors from fermenting food products. c. Odors from decaying organic substances or human or animal wastes. 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 8 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. I. 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 20()' of a residential district. 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. 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. I. 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 objectional 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 "objectional 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. 18.40.050 General Regulations. A. There shall be no area or width requirement except as may be required for conditional uses. B. There shall be no yard requirement except when a lot or parcel adjoins a residential district, in which case a side and rear yard of at least ten feet per story shall be required, and except as required in the Site Review and Solar Access chapters. C. No structure shall be greater than 40 feet in height. D. There shall be no manufacturing, retailing, or other activity on the site which is not entirely conducted within a building, except as specifically permitted in Section 18.40.040." The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the &~,t~ day of 1~~ , 1992, and duly PASSED and ADOPTED this ~t97'~ day of ~ , 1992. City Recorder SIGNED and APPROVED this =?/,,~day of , 1992. Catheri-- · 'ne M. Golden Mayor 10 Approved as to form: Paul Nolte City Attorney 11