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Ashland City Zoning Code

ARTICLE XI

HIGHWAY COMMERCIAL DISTRICT B-2

Sec 21-100 Statement Of Intent

This district is intended to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities, generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor or noise. The location of this district serves as an important gateway to the community, thus improving its function through elements such as lighting, landscaping, signage, building design and layout, is an important economic goal for the Town.

HISTORY
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-101 Use Regulations

The following uses and structures shall be permitted in the Highway Commercial District, B-2:

  1. Accessory uses as defined.
  2. Adult day care and services with a conditional use permit.
  3. Adult uses, subject to the specific requirements of Section 21-267 of article XXV, supplemental regulations.
  4. Art gallery.
  5. Artist studio.
  6. Auction house.
  7. Automobile, truck, or motorcycle rental or sales with accessory service. If used vehicles only, then a conditional use permit is required.
  8. Automobile, truck, or motorcycle repair service station with a conditional use permit.
  9. Bakery, with a retail or restaurant component.
  10. Brewery, Distillery or Winery, with a retail or restaurant component.
  11. Building supplies and service.
  12. Car wash with a conditional use permit.
  13. Catering establishment.
  14. Church or place of religious worship.
  15. Day care center or day nursery.
  16. Drive-in theater with a conditional use permit.
  17. Educational facilities.
  18. Electronic charging station, as an accessory to off-street parking.
  19. Equipment and machinery, heavy (over 12,000 pounds) rental or sales with accessory service. If used products only, then a conditional use permit is required.
  20. Equipment and machinery, light (under 12,000 pounds) rental or sales with accessory service.
  21. Farmer’s market.
  22. Financial institutions.
  23. Firework sales with a conditional use permit.
  24. Fuel station, with a conditional use permit.
  25. Funeral home.
  26. Garage, public parking.
  27. Grocery stores. If over 25,000 square feet then a conditional use permit is required.
  28. Hospital with a conditional use permit.
  29. Hotel.
  30. Indoor recreational facility.
  31. Laundromat, laundry or dry cleaning.
  32. Manufactured home and portable storage building sales with a conditional use permit.
  33. Manufacturing, with a retail or public display component.
  34. Media development or production studio.
  35. Micro-Brewery/Distillery/Winery, with a retail or restaurant component.
  36. Mini-storage facility with a conditional use permit.
  37. Museum.
  38. Offices.
  39. Outdoor recreational facilities.
  40. Park or playground with a conditional use permit.
  41. Park-and-ride lot with a conditional use permit.
  42. Personal service establishments.
  43. Pet shop, including boarding kennels.
  44. Private club or lodge, with a conditional use permit.
  45. Public facilities.
  46. Recreational equipment rental and sales with service as an accessory. If used only, then a conditional use permit is required.
  47. Repair services.
  48. Restaurants to include drive-in or fast food.
  49. Retail sales establishment. If over 25,000 square feet then a conditional use permit is required.
  50. Schools with a conditional use permit.
  51. Shopping center with a conditional use permit.
  52. Temporary uses with a conditional use permit.
  53. Taxicab stand with a conditional use permit.
  54. Towers and aerials at a maximum height of 100 feet with a conditional use permit. See standards for telecommunication towers, per Section 21-276.
  55. Truck stop or terminal with a conditional use permit.
  56. Theaters or assembly halls.
  57. Utilities, major with a conditional use permit.
  58. Utilities, minor.
  59. Veterinary clinic or hospital.
  60. Wholesale business.

Editors Note: Section 2 of an ordinance of June 14, 1994, amended § 21-101 by adding subsection (47) thereto. In order to avoid duplication of existing provisions, the editor has included these new provisions as § 21-101(48).

Similarly, § 8 of an ordinance of April 25, 1995, and an ordinance of June 25, 1996, amended § 20-101 by adding subsections (48)—(50). Since § 21-101 already contained a subsection (48), the editor has redesignated these provisions as subsections (49)—(51).

HISTORY
Adopted by Ord. 12-11-84 Paper Archive on 12/11/1984
Amended by Ord. 10-22-91 Paper Archive § 1 on 10/22/1991
Amended by Ord. 6-14-94 Paper Archive § 2 on 6/14/1994
Amended by Ord. 4-25-96 Paper Archive on 4/25/1996
Amended by Ord. 96-14 on 6/25/1996
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 99-4 on 4/27/1999
Amended by Ord. 99-11 Paper Archive § 3 on 2/22/2000
Amended by Ord. 2003-5 on 5/13/2003
Amended by Ord. 2003-6 on 6/10/2003
Amended by Ord. 2003-16 § A1 on 2/17/2004
Amended by Ord. 2004-16 on 4/19/2005
Amended by Ord. 2005-17 on 2/21/2006
Amended by Ord. 2007-04 on 3/20/2007
Amended by Ord. 2009-07 on 10/6/2009
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-101.1 Requirements For Permitted Uses

  1. Repair and servicing of all equipment, vehicles, or other items shall take place within an enclosed building or structure.
  2. 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 adjacent residentially zoned property. Screening materials to be used shall be wood, vinyl, vegetation or other types of materials defined as screening in the Development Guidelines Handbook. No chain link fencing shall be installed from view of the public right-of-way or from adjacent residential property.
  3. 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. Any fencing visible from the public right of way shall be wooden, vinyl, or have an appearance similar to iron ornamental fencing, but may be fabricated from non-iron materials and no chain link fencing shall be installed from view of the public right-of-way. See ATC Chapter 21 Article XXV for further definition between outdoor storage and display.
  4. No permanent exterior amplification devices or sound systems shall be used.

HISTORY
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-102 Area Regulations

The minimum lot area shall be one-half acre, provided there shall be no minimum lot area requirement for public utilities, and parks and playgrounds.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 1 on 1/26/1993
Amended by Ord. 99-4 § 1 on 4/27/1999
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-103 Frontage Regulations

For permitted uses in this district, the minimum lot width shall be one hundred fifty (150) feet.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 1 on 1/26/1993

Sec 21-104 Setback Regulations

The minimum front setback for structures shall be twenty (20) feet, from ultimate right of way provided that no building shall be required to have a setback greater than the average of the setbacks of existing buildings on each side of the lot. In no case shall fuel pump islands or canopies be provided with a setback of less than twenty (20) feet.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 1 on 1/26/1993
Amended by Ord. 2003-16 § A9 on 2/17/2004
Amended by Ord. 2005-06 on 5/17/2005
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-105 Yard Regulations

  1. Side. The minimum width of each side yard for a main structure shall be zero (0) feet, except that when abutting a residential district in which case it shall be fifty (50) feet with a vegetative buffer per standards established in Section 21-236.
  2. Rear. The rear setback shall be twenty (20) feet except when abutting a residential district in which case it shall be fifty (50) feet with a vegetative buffer per standards established in Section 21-236.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 1 on 1/26/1993
Amended by Ord. 98-23 § 1 on 12/15/1998
Amended by Ord. 2005-05 on 5/17/2005
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-106 Height Regulations

Any  building or structure exceeding a height of thirty-five (35) feet from grade shall be required to obtain a conditional use permit. See article XXV for supplemental height regulations.

HISTORY
Adopted by Ord. 12-11-84 Paper Archive on 12/11/1984
Amended by Ord. 98-23 § 1 on 12/15/1998
Amended by Ord. 2007-04 on 3/20/2007
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-107 Parking Lot Connectivity

Parking areas shall be designed to connect to similar adjoining parcel(s) via a stub-out to the property line(s) with the objective of providing internal vehicular and pedestrian access between neighboring commercial parcels. The Zoning Administrator may waive the connection requirement upon finding that such connection is found to be impractical due to the existence of security concerns of business operation, or sensitive environmental features such as wetlands, floodplain, or forested area, that would be encumbered by the required connection of parking areas.

Editors Note: An ordinance adopted on Dec. 15, 1998, repealed and reserved section 21-30, which pertained to special provisions for corner lots.

HISTORY
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-108 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 21-109 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 21-109.1 Reserved

Editors Note: An ordinance adopted February 17, 2004, § A6 repealed § 21-109.1 which pertained to buffer and screening adjacent to residential districts and derived from ordinances dated November 24, 1987, § 2 and December 15, 1998, § 1.

Sec 21-110 Utilities

All uses shall be constructed on properties served by public water and sewer systems and as provided for in ATC chapter 20.

2015-01

96-14

98-8

99-4

99-11

2003-5

2003-6

2003-16

2004-16

2005-17

2007-04

2009-07

2005-06

98-23

2005-05