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Ashland City Zoning Code

ARTICLE X

CENTRAL BUSINESS DISTRICT B-1

Sec 21-91 Statement Of Intent

The B-1, Central Business District is intended to implement the comprehensive plan goals of protecting the town's unique historical and architectural character, ensuring that new development is in keeping with the small-town character of Ashland, encouraging aesthetic treatment along the entrances to town to provide an attractive entry into the historic town core, and promoting tourism and visitor opportunities, all of the foregoing being deemed to advance and promote the public health, safety and welfare of the citizens of Ashland and its visitors. Commercial opportunities include a diversity of specialty, retail services, cultural, recreation, offices, entertainment activities, and public functions which is not characterized either by frequent heavy trucking other than stocking and delivery of light retail goods, or by any other nuisance factors other than those occasioned by incidental light and noisy congregation of people and passenger vehicles. Signing and outdoor storage are regulated in order to promote an attractive and stable small-town environment.

HISTORY
Adopted by Ord. 2014-02 on 9/16/2014

Sec 21-92 Use Regulations

  1. Accessory uses as defined.
  2. Apartments, when located above a commercial, retail or office use on the first floor.
  3. Art galleries.
  4. Artist studio.
  5. Auction houses.
  6. Bakery, retail.
  7. Bingo, when accessory to a non-profit organization.
  8. Business apartments.
  9. Catering establishments.
  10. Churches and other places of worship.
  11. Community gardens, with a conditional use permit.
  12. Convenience store, if over 3,500 sq.ft. then a conditional use permit is required.
  13. Day nursery or day care centers with a conditional use permit.
  14. Education facilities, if over 5,000 sq.ft. then a conditional use permit is required.
  15. Farmers markets.
  16. Financial institutions.
  17. Garages, public parking.
  18. Grocery store, if over 3,500 sq. ft. then a conditional use permit is required.
  19. Hotels with up to twenty (20) rooms with a conditional use permit.
  20. Indoor recreational facilities.
  21. Laundry and cleaning services, off-site cleaning or drop-off only.
  22. Lodges with a conditional use permit.
  23. Major utilities with a conditional use permit. See ATC chapter 21, Article XXI.
  24. Manufacturing, with a retail business or public display component. If manufacturing is over 2,500 sq. ft. of floor area then a conditional use permit is required.
  25. Media development or production studio.
  26. Micro-brewery, with a retail sales or restaurant component.
  27. Minor utilities. See ATC chapter 21, Article XXII.
  28. Museums.
  29. Offices.
  30. Parks and playgrounds with a conditional use permit.
  31. Personal service establishments.
  32. Pet shops, excluding boarding kennels on the premises.
  33. Printing shops.
  34. Public facilities. Fire station, rescue squad, or police station with a conditional use permit.
  35. Repair services.
  36. Restaurants, excluding drive-ins.
  37. Retail sales establishments.
  38. Schools, if over 5,000 sq. ft. then a conditional use permit is required.
  39. Theaters and assembly halls.

Editors Note: Section 1 of an ordinance adopted April 24, 1990, amended § 20-92 by adding subsection (41) thereto; in order to avoid duplication of existing provisions the editor has included the new provisions as § 21-92(42).

Similarly, § 7 of an ordinance of April 25, 1995, amended § 20-92 by adding subsection (43). Since § 20-92 already contained a subsection (43), the editor has redesignated these provisions as (44).

HISTORY
Adopted by Ord. 9-22-87 Paper Archive on 9/22/1987
Amended by Ord. 8-8-89 Paper Archive § 1 on 8/8/1989
Amended by Ord. 4-24-90 Paper Archive § 1 on 4/24/1990
Amended by Ord. 6-14-94 Paper Archive § 1 on 6/14/1994
Amended by Ord. 95-04 § 7 on 4/25/1995
Amended by Ord. 96-32 § 8 on 12/10/1996
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 99-4 § 1 on 4/27/1999
Amended by Ord. 2002-8 on 10/16/2002
Amended by Ord. 2003-14 on 1/13/2004
Amended by Ord. 2003-20 on 1/13/2004
Amended by Ord. 2003-16 § A1 on 2/17/2004
Amended by Ord. 2010-04 on 6/15/2010
Amended by Ord. 2014-04 on 7/15/2014
Amended by Ord. 2014-02 on 9/16/2014

Sec 21-92.1 Requirements For Permitted Uses

Outdoor storage of materials shall not be located in any front yard and must be fully screened from view of public right of way or street.

Outdoor display shall be for the sale and display of seasonal or temporary merchandise as an incidental part of retail activities regularly conducted from a permanent building, provided that such merchandise is displayed in an orderly manner within sidewalk or courtyard areas located immediately adjacent to or upon the same lot or parcel as the primary use. A clear path of no less than 5 feet shall be maintained to ensure pedestrian and/or safety personnel access along sidewalks and areas of ingress/egress from structures. See ATC chapter 21, article XXV for further definition between outdoor storage and display.

HISTORY
Adopted by Ord. 2014-02 on 9/16/2014

Sec 21-93 Area Regulations

None. There are no area requirements in this district except as provided for in ATC section 21-98.

HISTORY
Adopted by Ord. 2014-02 on 9/16/2014

Sec 21-94 Frontage Regulations

There are no frontage regulations in this district, except as provided for in ATC section 21-98.

HISTORY
Adopted by Ord. 2014-02 on 9/16/2014

Sec 21-94.1 Setback Regulations

There shall be no minimum setback requirement for buildings and structures, provided that no parking area or other area for circulation of vehicles shall be located between the main building on the lot and the street, nor shall any such area be located any closer to the street than the main building. Parking areas shall be located to the side or rear of buildings, and shall be provided with a landscaped setback of not less than ten (10) feet when adjacent to the sidewalk, which shall be improved and used in accordance with the provisions of ATC section 21-233 (b) and (c) and ATC section 21-234. See the Development Guidelines Handbook for guidelines and examples for treatment of landscaped setbacks.

New buildings or structures built in the B-1 district and adjacent to a building that is of significant historical character in the historic district must be setback the average of the two (2) adjacent structures on either side unless waived by the zoning administrator or a minimum fifty percent (50%) of the new building or structure's front façade shall be no greater than a maximum setback of twenty-five (25) feet from the property line or new development shall bring the existing structure into greater conformity with this maximum setback.

HISTORY
Adopted by Ord. 2003-16 § A7 on 2/17/2004
Amended by Ord. 2014-02 on 9/16/2014

Sec 21-95 Yard Regulations

  1. Side. None except when a use is abutting a residential district, and then there shall be a minimum side yard of fifteen (15) feet, except as provided for in ATC section 21-98.
  2. None, except as provided for in ATC section 21-98 and except when a use is abutting a residential district, and then there shall be a rear yard of twenty (20) feet or more.

Sec 21-96 Driveways

No driveway intersecting a street that constitutes the principal frontage of the lot shall be permitted when other street frontage or alley access is available to serve the lot.

HISTORY
Adopted by Ord. 2003-16 § A8 on 2/17/2004

Sec 21-97 Height Regulations

No building or structure shall exceed a height of thirty-five (35) feet from grade. If adjacent to a single family residential zoned parcel then no building or structure shall exceed a height of twenty-five (25) feet from grade with the option of obtaining a conditional use permit to expand the permitted maximum height to thirty-five (35) feet. See ATC chapter 21, article XXV for supplemental height regulations.

HISTORY
Adopted by Ord. 98-23 § 1 on 12/15/1998
Amended by Ord. 2014-02 on 9/16/2014

Sec 21-98 Reserved


Sec 21-99 Site Plan Required

A site plan shall be required as set forth in ATC article XVII of this chapter.

HISTORY
Adopted by Ord. 2003-16 § A5 on 2/17/2004

Sec 21-99.1 Landscape Plan: Landscaping, Trees, Buffers And Screening

A landscape plan shall be required and landscaping, trees, buffers and screening shall be provided in accordance with the applicable provisions of ATC article XXIII of this chapter.

HISTORY
Adopted by Ord. 2003-16 § A3 on 2/17/2004

Sec 21-99.10 Architectural Elements

  1. First Floor Window Percentage:

    A minimum of twenty-five percent (25%) of the front facing building façade shall consist of windows. Elements to count towards the achievement of this minimum include any opening in a wall or roof which functions or appears to function or appears to function to admit light to a building or structure.

    The height of the first floor shall be measured from the roof of the first floor or bottom of the second floor/roof line, as an architect would measure. If a building has more than one street facing side, then the minimum window percentage would only be required for one street facing façade of the building.

  2. Architectural Features:

    Building walls that front on a street shall include a combination of architectural features customarily found on the front of a commercial building, such as: awnings, brackets, window hoods, still, lintels, bulkheads, columns, cornice work, edge detailing, decorative finish materials, or other architecture elements; as to address the first floor, second floor (when applicable), and cornice.

    For structures of residential character, building walls that front on a street shall include a combination of elements such as: dormers, shutters, porches, cornice details, gables, scrolls, brackets, lintels, chimney, and other architectural elements; as to address the first floor, second floor (when applicable), and roof.

HISTORY
Adopted by Ord. 2014-02 on 9/16/2014

Sec 21-99.11 Street Entrance

Minimum one (1) pedestrian entrance per building with street frontage where the entrance is located on the street front. Corner lots with a building facing two street frontages would only be required to have one (1) pedestrian entrance.

Editors Note–An ordinance adopted February 17, 2004, § A6 repealed § 21-99.2 which pertained to buffer screening adjacent to residential districts and derived from ordinances dated November 24, 1987, § 1 and December 15, 1998, § 1.

HISTORY
Adopted by Ord. 2014-02 on 9/16/2014

2014-02

95-04

96-32

98-8

99-4

2002-8

2003-14

2003-20

2003-16

2010-04

2014-04

98-23