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 rights-of-way, parks, sidewalks, or other public grounds) require a special event permit pursuant to chapter 13.03.

2. Short-Term Food Truck Event. The Staff Advisor may approve through ministerial review the short-term temporary operation of a food truck occurring not more than once per month and lasting not more than 72 hours including set-up and take-down. In addition to the short-term food truck event permit, food truck vendors shall obtain a business license, register for and pay applicable food and beverage tax, and receive any requisite inspections from the Building and Fire Departments and the Jackson County Environmental Public Health Department. Short-term food truck events are not to be permitted in residential zones.

3. 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 chapter, garage sales meeting the requirements of this subsection shall not be considered a commercial activity.

4. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with approval of the Staff Advisor.

1. 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 rights-of-way, parks, sidewalks, or other public grounds) require a special event permit pursuant to chapter 13.03.

2. Short-Term Food Truck Event. The Staff Advisor may approve through ministerial review the short-term temporary operation of a food truck occurring not more than once per month and lasting not more than 72 hours including set-up and take-down. In addition to the short-term food truck event permit, food truck vendors shall obtain a business license, register for and pay applicable food and beverage tax, and receive any requisite inspections from the Building and Fire Departments and the Jackson County Environmental Public Health Department. Short-term food truck events are not to be permitted in residential zones.

3. 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 chapter, garage sales meeting the requirements of this subsection shall not be considered a commercial activity.

4. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with approval of the Staff Advisor.

1. Single-Family Zones. In the R-1, R-1-3.5, RR, WR, and NN zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 1,000 square feet GHFA.

2. Multiple Family Zones. In the R-2 and R-3 zones, the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 500 square feet GHFA.

3. NM Zones. In the North Mountain Neighborhood NM zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and the second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3199 § 4, amended, 06/15/2021; Ord. 3155 § 2, amended, 07/17/2018)

1. Cottage Housing Development Density.

2. Building and Site Design.

3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9, Performance Standards Option and PSO Overlay, and part 18.4, Site Development and Design Standards, cottage housing developments are subject to the following requirements:

4. Common Open Space. Common open space shall meet all of the following standards:

g. Parking areas and driveways do not qualify as common open space.

5. Private Open Space. Each residential unit in a cottage housing development shall have a private open space. Private open space shall be separate from the common open space to create a sense of separate ownership.

6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units.

7. Storm Water and Low-Impact Development.

8. Restrictions.

1. 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.

2. All facilities providing drive-up service shall provide a waiting area to accommodate at least two customer vehicles outside of the queue immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service.

3. A means of egress for vehicular customers who wish to leave the waiting line shall be provided.

4. 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.

5. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases.

6. Sufficient stacking area shall be provided to ensure that public rights-of-way are not obstructed.

7. 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.

8. 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 one per location, even if the transferred use had greater than one stall.

9. A ministerial Drive-Up Transfer permit shall be obtained for the transfer of any drive-up uses when such transfer is not associated with a Site Design Review or Conditional Use Permit application in order to document transfer of the use.

10. Drive-up uses discontinued without a Drive-Up Transfer permit shall be deemed to have expired after being unused for six months. Discontinuation of a drive-up use is considered to have occurred when the Staff Advisor documents the drive-up use as having ceased on site through a planning application review, or upon on-site verification.

11. All components of a drive-up use shall be removed within 60 days of discontinuation of the use through abandonment, transfer, relocation, or redevelopment.

1. Relocation or redevelopment of a drive-up use within the C-1 or C-1-D zones in the Historic District Overlay shall be subject to Site Design Review in chapter 18.5.2 through a Type II procedure in section 18.5.1.060.

2. Relocated or redeveloped drive-up uses shall be placed on a secondary building elevation, and accessed for an alley or driveway.

3. Driveways serving relocated or redeveloped drive-up uses shall not enter from or exit to a higher order street frontage or through a primary building elevation. Driveways or queuing lanes shall not be placed between a building and the right-of-way other than an alley.

4. 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.

5. 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. (Ord. 3229 § 3, amended, 12/19/2023)

1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses.

2. No maximum residential densities shall apply.

3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying zone.

4. Commercial-Ready Exception in C-1-D Zone. The limitations in this subsection on ground-floor residential uses do not apply to buildings in the C-1-D zone developed with commercial-ready space on the ground floor complying with the following:

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 that are in violation of this section include but are not limited to the following.

2. Mechanical equipment shall be located on the roof or the side of a building with the least exposure to residential zones. 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 zone, than if located on the side of the building with least exposure to residential zones. Mechanical equipment shall be fully screened and buffered.

1. Appearance of Residence.

2. Storage.

3. Employees.

4. Advertising and Signage. No signs shall be permitted on a home occupation site.

5. Automobiles, Parking, and Traffic.

6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only.

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.

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 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.

1. Total Number. The total number of all micro-livestock, including both adult and juvenile animals, that may be kept or maintained on any single property shall be limited to no more than ten animals on properties of 5,000 square feet or less, and no more than two additional animals for each 1,000 square feet of lot area in excess of 5,000 square feet, up to a maximum of 20 animals.

2. Age of livestock. For the purposes of this section, “adult” means over six months of age, and “juvenile” means six months of age and under.

3. Chickens and Domestic Fowl. For purposes of this section, “domestic fowl” means quails, pheasants, pigeons, doves, and Muscovy ducks (Cairina moschata).

4. Rabbits. No more than six adult rabbits shall be kept or maintained on properties of less than one acre.

5. Miniature Goats. For purposes of this chapter “miniature goats” are those goats commonly known as pygmy, dwarf, and miniature goats weighing less than 95 pounds at full size, and shall be limited as follows.

6. Secure Enclosure. Micro-livestock must be secured at all times. A secure enclosure shall be provided to protect micro-livestock from predators and to provide shelter from the weather.

7. Maintenance. The areas in which micro-livestock are kept must be maintained to protect public health in compliance with AMC 9.08.060 and the following requirements.

8. Noise. Noise resulting from the keeping or maintaining of micro-livestock must not exceed the limits set forth in AMC 9.08.170.

9. Multi-family Development. Micro-livestock are allowed on properties containing multi-family complexes, including duplexes provided all of the following are continuously met.

10. Sale of Goods. In residential zones, micro-livestock shall be kept primarily for personal use. Sale of surplus eggs, honey, or similar animal products produced by on-premises micro-livestock is permitted in compliance with applicable licensing and inspection requirements of the Oregon Department of Agriculture.

1. Registration with the city is required to keep beehives within the city limits and the Community Development Director shall provide a beekeeping registration process.

2. No more than three bee colonies shall be kept or maintained on properties of less than one acre.

3. No more than five bee colonies shall be kept or maintained on properties of one acre or greater.

4. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

5. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth ten-frame hive body.

6. In each instance where a colony is kept less than 25 feet from a property line, a flyway barrier at least six feet in height shall be maintained parallel to the property line for a minimum of ten feet in either direction of the hive. The flyway barrier may consist of a wall, fence, dense vegetation, or a combination thereof, such that bees will fly over rather than through the material to reach the colony.

7. A constant supply of fresh water shall be provided for the colonies on site within 15 feet of each hive.

8. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect proof container.

9. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired.

10. The sale of surplus honey or bee’s wax produced on site shall be permitted on the property where the keeping of bees is permitted.

11. Africanized bees are prohibited.

1. Manufactured housing development may be located or relocated only in R-1-3.5 and R-2 zones.

2. No manufactured housing developments may be located, relocated, or increased in size or number of units within any other zone.

3. No manufactured housing developments may be located within the Historic District Overlay.

4. Manufactured housing developments shall be subject to regulations of this chapter and shall be located only on sites approved for use under the provisions of such chapter. No person shall establish, operate, manage, maintain, alter, or enlarge any manufactured housing development contrary to the provisions of this ordinance.

5. In addition to the requirements of this chapter, all manufactured housing developments shall conform to the regulations of ORS 446, together with such administrative rules as may be adopted from time to time, except where such regulations are exceeded by the requirements of this chapter, in which case the more stringent requirements shall apply.

1. Minimum Court Size. A manufactured housing development shall occupy a site of not less than one acre in size.

2. Density. The maximum density permitted shall be eight manufactured housing units per acre of developed court area. Manufactured housing which is 14 feet wide or less, or which is less than 800 square feet in size will count as 0.75 units for this calculation.

3. Manufactured Housing Sites or Lots. All manufactured housing sites or lots must be at least 2,000 square feet in size, at least 35 feet wide, and at least 40 feet deep.

4. Lot Coverage. Maximum lot coverage of any individual manufactured housing lot or site shall be 65 percent in the R-2 zone and 55 percent in the R-1-3.5 zone. In addition, the general lot coverage requirements of the parent zone shall also be complied with for the entire project site.

5. Setbacks.

6. Street Standards. Public streets shall comply with the design standards contained in chapter 18.4.6. Private streets shall be a minimum of 20 feet in width, and constructed to the same standards as specified for an alley. A private street may be a dead-end street no more than 300 feet in depth from a higher order road. Adequate turn-around shall be provided according to standards established by the Planning Commission.

7. Sidewalk Standards. Every manufactured housing development shall have a permanent pedestrian walkway at least 48 inches wide connecting all manufactured housing units to public or private streets, common open spaces, parks, and commonly owned buildings and facilities.

8. Utilities. Provisions for electric, water, and sanitary service shall be made in accordance with established City procedures and law, including number, size, quality, and location of fixtures, connections, and facilities. Telephone and electric lines shall be placed underground.

9. Landscaping.

10. Fencing. Fencing shall comply with all fencing requirements as per section 18.4.4.060.

11. Common Open Space. All developments are required to provide a minimum of five percent of the total lot area in common open space.

12. Play Area. If the manufactured housing development accommodates children less than 14 years of age, a separate general play area a minimum of 2,500 square feet in size, or 100 square feet of play area per unit, whichever is greater, shall be provided.

1. Manufactured housing units shall be a minimum of 650 square feet in size.

2. Manufactured housing units shall be at least 12 feet wide.

3. Manufactured housing units shall have the Oregon Department of Commerce “Insignia of Compliance.” The Building Official shall inspect the manufactured housing unit and occupancy shall be approved only if the Building Official has determined that the manufactured housing unit has a valid insignia of compliance and has not deteriorated beyond an acceptable level of compliance.

4. Manufactured housing units shall be placed on permanent foundations, with wheels and hitches removed, be fully skirted or bermed, and shall have no uncovered openings except for vents of sufficient strength to support the loads imposed by the manufactured housing unit, based on accepted engineering design standards, as approved by the Building Official.

5. Manufactured housing units shall be provided with City water, sewer, electricity, telephone, and storm drainage, with easements dedicated where necessary.

6. Manufactured housing units shall comply with the thermal envelope requirements for heat loss required by the building code for single-family detached homes.

7. Manufactured housing units shall have a deck or patio area adjacent to the home. The deck or patio shall be constructed of a permanent material and shall be at least 80 square feet in size, with a minimum width of eight feet in its least dimension.

8. Notwithstanding the above, any manufactured home legally located within the Ashland Urban Growth Boundary prior to July 1, 1990, may be relocated to an approved manufactured home development, subject to a fire and life safety inspection by the Building Official.

1. A no-charge permit from the Staff Advisor is required for the storage of any manufactured housing unit on the home premises of the owner for any length of time when not used for living purposes; provided, however, that all units so stored shall abide by the yard requirements for accessory buildings in this chapter.

2. No manufactured housing unit shall be stored on a public street except for temporary maneuvering purposes.

3. For temporary occupancy of a manufactured housing unit, see subsection 18.2.2.030.H.3.

1. Routine maintenance and repairs may be performed within the manufactured housing development or upon individual manufactured housing units.

2. No nonconforming manufactured housing development shall be enlarged, remodeled, or modernized except in conformance with all requirements of this chapter, except that an area of less than two acres for a development to be enlarged, remodeled, or modernized may be approved through the conditional use permit procedure contained in this ordinance.

3. No manufactured housing unit shall be located on the site of, or substituted for, a nonconforming manufactured housing unit, the use of which has been discontinued, except within a manufactured housing development holding a certificate of sanitation issued by the Board of Health, State of Oregon, issued prior to the effective date of this chapter. Relocation of existing units within the Ashland Urban Growth Boundary is exempted as provided in subsection 18.2.3.180.E.8.

4. If a nonconforming manufactured housing development holding a certificate of sanitation issued by the Board of Health, State of Oregon, ceases operation for a period of six months or more, said development shall be considered abandoned and shall be reinstituted only in conformance with the requirements of this chapter.

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 inside the dwelling unit or an accessory structure and shall not be located outdoors.

3. Homegrown marijuana cultivation and any related activities must meet all applicable Oregon Revised Statutes and Oregon Administrative Rules.

4. Outdoor Cultivation. Up to four marijuana plants per lot for recreational marijuana or up to six marijuana plants per lot for medical marijuana are allowed to be grown outdoors in accordance with applicable Oregon Revised Statutes and Oregon Administrative Rules including the requirement to obtain and display a medical marijuana grow site registration card in ORS 475.320(2)(B)(d). Outdoor homegrown marijuana cultivation shall meet all of the following requirements:

5. Indoor Cultivation.

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:

2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the standards described in subsection 18.2.3.190.B.1, above, marijuana laboratories, processing, production, and wholesale shall meet the following requirements as applicable. See definition of marijuana processing and production in part 18.6.

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.

1. Existing multiple-family dwelling structures may be converted from rental units to for-purchase housing, where all or only a portion of the structure is converted, as set forth in Table 18.2.3.200.C.1, provided the existing structure meets the following regulations of the applicable zone: permitted density, yard requirements, maximum height, maximum lot coverage, open space, maximum permitted floor area, waste enclosures, and bike storage.

2. Where an existing multiple-family dwelling structure does not meet the regulations of the applicable zone, as listed in subsection 18.2.3.200.C.1, rental units may be converted to for-purchase units, as set forth in Table 18.2.3.200.C.2 and the standards below:

3. As an incentive to provide affordable rental housing units above minimum requirements in projects of five or more units, an applicant shall be granted an equal percentage of for-purchase ownership units per Table 18.2.3.200.C.3.

4. Units designated as market rate or affordable rental units shall be retained as one condominium tract under one ownership. This remaining rental tract shall be restricted from further consideration of conversion to for-purchase housing.

5. Affordable housing units provided under subsections 18.2.3.200.C.2 and 18.2.3.200.C.3 shall meet the following affordability standards:

6. Prior to offering any units for sale the developer must comply with AMC 15.04.

7. Conversion of existing rental units into for-purchase housing shall comply with AMC 10.115. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3195 § 2, amended, 12/01/2020; Ord. 3191 § 6, amended, 11/17/2020)

1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28.

2. The business-owner of a travelers’ accommodation or the property owner of an accessory travelers’ accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required.

3. Advertising for an accommodation must include the City planning action number assigned to the land use approval.

4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures.

1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line.

2. During operation of a travelers’ accommodation, the property on which the travelers’ accommodation is sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business-owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business.

3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers’ accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone.

4. The number of travelers’ accommodation units allowed shall be determined by the following criteria.

5. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers’ accommodation in accordance with subsection 18.4.4.050.C.1.

6. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon.

7. Transfer of business-ownership of a travelers’ accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section.

1. The operator of the accessory travelers’ accommodation must be the property owner and the property must be the operator’s primary residence. The operator must be present during operation of the accessory travelers’ accommodation.

2. The property is limited to having one accessory travelers’ accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers’ accommodation, with the exception of kitchen cooking facilities for the primary residence.

3. The total number of guests occupying an accessory travelers’ accommodation must not exceed two people per bedroom.

4. The total number of guest vehicles associated with the accessory travelers’ accommodation must not exceed one.

5. Signs are not permitted in conjunction with the operation of an accessory travelers’ accommodation. (Ord. 3229 § 3, amended, 12/19/2023)

1. Single-Family Zones. In the R-1, R-1-3.5, RR, WR, and NN zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 1,000 square feet GHFA.

2. Multiple Family Zones. In the R-2 and R-3 zones, the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 500 square feet GHFA.

3. NM Zones. In the North Mountain Neighborhood NM zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and the second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3199 § 4, amended, 06/15/2021; Ord. 3155 § 2, amended, 07/17/2018)

1. Cottage Housing Development Density.

2. Building and Site Design.

3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9, Performance Standards Option and PSO Overlay, and part 18.4, Site Development and Design Standards, cottage housing developments are subject to the following requirements:

4. Common Open Space. Common open space shall meet all of the following standards:

g. Parking areas and driveways do not qualify as common open space.

5. Private Open Space. Each residential unit in a cottage housing development shall have a private open space. Private open space shall be separate from the common open space to create a sense of separate ownership.

6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units.

7. Storm Water and Low-Impact Development.

8. Restrictions.

1. 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.

2. All facilities providing drive-up service shall provide a waiting area to accommodate at least two customer vehicles outside of the queue immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service.

3. A means of egress for vehicular customers who wish to leave the waiting line shall be provided.

4. 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.

5. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases.

6. Sufficient stacking area shall be provided to ensure that public rights-of-way are not obstructed.

7. 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.

8. 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 one per location, even if the transferred use had greater than one stall.

9. A ministerial Drive-Up Transfer permit shall be obtained for the transfer of any drive-up uses when such transfer is not associated with a Site Design Review or Conditional Use Permit application in order to document transfer of the use.

10. Drive-up uses discontinued without a Drive-Up Transfer permit shall be deemed to have expired after being unused for six months. Discontinuation of a drive-up use is considered to have occurred when the Staff Advisor documents the drive-up use as having ceased on site through a planning application review, or upon on-site verification.

11. All components of a drive-up use shall be removed within 60 days of discontinuation of the use through abandonment, transfer, relocation, or redevelopment.

1. Relocation or redevelopment of a drive-up use within the C-1 or C-1-D zones in the Historic District Overlay shall be subject to Site Design Review in chapter 18.5.2 through a Type II procedure in section 18.5.1.060.

2. Relocated or redeveloped drive-up uses shall be placed on a secondary building elevation, and accessed for an alley or driveway.

3. Driveways serving relocated or redeveloped drive-up uses shall not enter from or exit to a higher order street frontage or through a primary building elevation. Driveways or queuing lanes shall not be placed between a building and the right-of-way other than an alley.

4. 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.

5. 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. (Ord. 3229 § 3, amended, 12/19/2023)

1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses.

2. No maximum residential densities shall apply.

3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying zone.

4. Commercial-Ready Exception in C-1-D Zone. The limitations in this subsection on ground-floor residential uses do not apply to buildings in the C-1-D zone developed with commercial-ready space on the ground floor complying with the following:

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 that are in violation of this section include but are not limited to the following.

2. Mechanical equipment shall be located on the roof or the side of a building with the least exposure to residential zones. 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 zone, than if located on the side of the building with least exposure to residential zones. Mechanical equipment shall be fully screened and buffered.

1. Appearance of Residence.

2. Storage.

3. Employees.

4. Advertising and Signage. No signs shall be permitted on a home occupation site.

5. Automobiles, Parking, and Traffic.

6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only.

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.

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 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.

1. Total Number. The total number of all micro-livestock, including both adult and juvenile animals, that may be kept or maintained on any single property shall be limited to no more than ten animals on properties of 5,000 square feet or less, and no more than two additional animals for each 1,000 square feet of lot area in excess of 5,000 square feet, up to a maximum of 20 animals.

2. Age of livestock. For the purposes of this section, “adult” means over six months of age, and “juvenile” means six months of age and under.

3. Chickens and Domestic Fowl. For purposes of this section, “domestic fowl” means quails, pheasants, pigeons, doves, and Muscovy ducks (Cairina moschata).

4. Rabbits. No more than six adult rabbits shall be kept or maintained on properties of less than one acre.

5. Miniature Goats. For purposes of this chapter “miniature goats” are those goats commonly known as pygmy, dwarf, and miniature goats weighing less than 95 pounds at full size, and shall be limited as follows.