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Ashland City Zoning Code

ARTICLE X

A CENTRAL BUSINESS DISTRICT-DOWNTOWN B-1D

Sec 21-99.2 Statement Of Intent

The B-1D, Central Business-Downtown District is the heart of Town culturally, geographically, and historically. It lends the Town its small-Town architecture, scale, and feel. It is intended to be a predominantly pedestrian area, catering to bicycle and pedestrian traffic with retail shops and commercial storefronts close to the road, pedestrian scale, wide walkways, and limited off-street parking, well screened. The history of the area is retained with preservation of historic structures and replication of style in additions and expansions. The core of the Downtown exudes the vitality of the interaction of people and activities. Commercial opportunities include a diversity of specialty, retail services, cultural, recreation, entertainment activities, and public functions.

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

Sec 21-99.21 Use Regulations

The following uses and structures shall be permitted in the Central Business - Downtown (B-1D) District:

  1. Accessory uses as defined.
  2. Apartments located above a commercial, retail or office use in the first floor.
  3. Art galleries.
  4. Artist studio.
  5. Bakery, retail.
  6. Bingo, when accessory to a non-profit organization.
  7. Business apartment.
  8. Churches and other places of worship.
  9. Convenience stores. If over 3,500 square feet then a conditional use permit is required.
  10. Day nursery or day care centers with a conditional use permit.
  11. Farmers markets.
  12. Garages, public parking.
  13. Grocery store. If over 3,500 square feet then a conditional use permit is required.
  14. Hotels with up to twenty (20) rooms with a conditional use permit.
  15. Indoor recreational facilities with a conditional use permit.
  16. Reserved.
  17. Lodges with a conditional use permit.
  18. Major utilities with a conditional use permit. See ATC chapter 21, Article XXI.
  19. Manufacturing, with a retail business or public display component. If manufacturing is over 2,500 square feet then a conditional use permit is required.
  20. Micro-brewery, with a retail sales or restaurant component.
  21. Minor utilities. See ATC chapter 21, Article XXII.
  22. Museums.
  23. Personal service establishments.
  24. Pet shops, excluding boarding kennels on the premises.
  25. Public facilities, excluding fire stations, police stations and rescue squads.
  26. Real estate offices.
  27. Restaurants, excluding drive-ins.
  28. Retail sales establishments.
  29. Schools. If over 5,000 square feet then a conditional use permit is required.
  30. Theaters and assembly halls.

    The following uses shall be permitted only on the second or higher story floor, or on the first floor in a non-street fronting unit of a building or structure in the Central Business - Downtown (B-1D) District.

  31. Auction houses.
  32. Catering establishment.
  33. Educational facilities. If over 5,000 square feet then a conditional use permit is required.
  34. Financial institutions.
  35. Laundromat or dry cleaning, off-site cleaning or drop-off only.
  36. Media development or production studio.
  37. Offices.
  38. Printing shops.
  39. Public facilities, administrative offices only.
  40. Repair services.

    Any office use that exists as of the date of adoption of this ordinance, shall be permitted to continue as a use in the B-1D district, provided that the office use is not interrupted by another conforming use for a period of five years or more.

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

Sec 21-99.22 Requirements For Permitted Uses

There shall be no outdoor storage. Storage of materials and supplies incidental to the conduct of any use listed above; provided such storage is entirely enclosed and is conducted in the same building as the business to which it is incidental or in a building immediately adjacent thereto.

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 21-99.23 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 21-99.24 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 21-99.25 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.

Maximum setback. New buildings or structures built in the B-1D 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.

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

Sec 21-99.26 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. Rear. 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.

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

Sec 21-99.27 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. 2014-02 on 9/16/2014

Sec 21-99.28 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. 2014-02 on 9/16/2014

Sec 21-99.29 Site Plan Required

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

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

Sec 21-99.3 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. 2014-02 on 9/16/2014

Sec 21-99.31 Architectural Elements

  1. First Floor Window Percentage:

    A minimum of fifty percent (50%) 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 21-99.32 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.

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

2014-02