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Ashland City Zoning Code

ARTICLE XIII

LIMITED INDUSTRIAL DISTRICT M-1

Sec 21-118 Statement Of Intent

The intent of this district is to provide sufficient space in appropriate locations for certain types of manufacturing uses, relatively free from offense, in modern landscaped buildings, to make available more attractive locations for these industries, and to provide opportunities for employment closer to places of residence with corresponding reduction of travel time from home to work. Typical development in the district would be that which is commonly known as an "industrial park." In order to preserve the land for industry and to avoid future conflicts between industry and residence, future residential and commercial uses, which could result in higher number of pedestrians, are prohibited. Being located along Route 1, 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 21-119 Permitted Uses

Structures to be erected or land to be used shall be for the following uses:

  1. Accessory uses as defined.
  2. Adult day care with a conditional use permit.
  3. Artist studio.
  4. Auction house.
  5. Bakery
  6. Brewery, Distillery, or Winery
  7. Building supplies and service.
  8. Car wash with a conditional use permit.
  9. Catering.
  10. Contractor's office. 
  11. Commercial kitchen
  12. Day nursery or day care center with a conditional use permit.
  13. Datacenter.
  14. Distribution Centers in operation as of June 10, 2020, are grandfathered and shall be permitted to continue to operate so long as they continuously operate; any expansions or structural alterations to a grandfathered distribution center shall require a conditional use permit.
  15. Drive-in theater with a conditional use permit.
  16. Educational facility, as an accessory to a primary use.
  17. Electric charging station, as an accessory to off-street parking.
  18. 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.
  19. Equipment and machinery, light (under 12,000 pounds) rental or sales with accessory service.
  20. Feed mill, with conditional use permit. See section 21-124 for height regulations.
  21. Firework sales with a conditional use permit.
  22. Financial institutions.
  23. Freestanding emergency department
  24. Funeral home with a conditional use permit.
  25. Fuel station with a conditional use permit. If for private use only no conditional use permit is required.
  26. Garage, public parking.
  27. Hospital.
  28. Indoor recreational facilities.
  29. Laboratory and research facility.
  30. Laundry and cleaning.
  31. Manufactured home and portable storage building sales with a conditional use permit.
  32. Manufacturing, apparel, textiles, and fabric where raw materials are prepared off-site.
  33. Manufacturing, basic chemicals or nonmetallic mineral production with a conditional use permit.
  34. Manufacturing, food, beverage, tobacco, or agricultural products. If processing involves meat, fish, yeast, or the refining of fats, then a conditional use permit is required. Excludes brewery, distillery, or winery as they are defined separately.
  35. Manufacturing, computer and electronic products, equipment, appliance and components.
  36. Manufacturing, machinery or fabricated metal products. If operation includes the use of a punch press over twenty (20) tons rated capacity, then a condition use permit is required.
  37. Manufacturing, paper and wood products. Outdoor paper mills are not permitted.
  38. Manufacturing, leather and allied products where raw materials are prepared off-site. If processing involves leather and hide tanning and finishing, then a conditional use permit is required.
  39. Manufacturing, furniture, pottery, cabinets, and other related products where raw materials are prepared off-site. Pottery products using kilns fired by gas or electricity.
  40. Manufacturing, plastics and rubber products.
  41. Manufacturing, printing and related support activities.
  42. Manufacturing, transportation equipment. If products are equipment, heavy (over 12,000 lbs), then a conditional use permit is required. Testing of jet engines or rockets is not permitted.
  43. Media development or production studio.
  44. Medical office.
  45. Micro-Brewery/Distillery/Winery
  46. Office trailers will be allowed while a permanent office is being constructed. Business may be conducted from this location for a period not to exceed twelve (12) months from the date of occupancy; an extension for a period not exceeding twelve (12) months may be approved by town council. If the building is completed before the twelve-month period expires, the occupants of this office trailer must move into the building within two (2) weeks of completion.
  47. Offices.
  48. Outdoor recreational facilities with a conditional use permit.
  49. Park-and-ride lot.
  50. Parks and playgrounds with a conditional use permit.
  51. Public facilities.
  52. Railroad spur, tracks and accessory facilities with a conditional use permit.
  53. Repair services.
  54. Repurposing facility with a conditional use permit.
  55. Restaurants.
  56. Temporary uses with a conditional use permit.
  57. Towers and aerials with a conditional use permit. See standards for telecommunication towers, per Section 21-276.
  58. Truck terminals in operation as of June 10, 2020, are grandfathered and shall be permitted to continue to operate; any expansions to a grandfathered truck terminal shall require a conditional use permit.
  59. Utilities, major with a conditional use permit.
  60. Utilities, minor.
  61. Veterinary hospital or clinic.
  62. Wholesale business.
HISTORY
Adopted by Ord. 2-11-84 Paper Archive on 2/11/1984
Amended by Ord. 6-10-86 Paper Archive § 1 on 6/10/1986
Amended by Ord. 95-04 § 10 on 4/25/1995
Amended by Ord. 96-14 § 2 on 6/25/1996
Amended by Ord. 96-32 § 11 on 12/10/1996
Amended by Ord. 2003-16 § A1 on 2/17/2004
Amended by Ord. 2005-04 on 3/15/2005
Amended by Ord. 2005-16 on 1/17/2006
Amended by Ord. 2005-18 on 2/21/2006
Amended by Ord. 2007-04 on 3/20/2007
Amended by Ord. 2007-14 on 10/18/2007
Amended by Ord. 2009-12 on 12/15/2009
Amended by Ord. 2015-01 on 4/21/2015
Amended by Ord. 2017-04 on 7/28/2017
Amended by Ord. 2018-05 on 5/15/2018
Recorded by Ord. ORD2020-06 on 6/10/2020
Amended by Ord. 2020-10 on 9/15/2020

Sec 21-120 Requirements For Permitted Uses

  1. Repair and servicing of all equipment, vehicles, or other items shall take place within an enclosed building or structure, unless specified in Section 21-119.
  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 article XXV for further definition between outdoor storage and display.
  4. No permanent exterior amplification devices or sound systems shall be used.
  5. A Conditional Use Permit is required for any outdoor storage that exceeds fifty percent (50%) of the size of the property.

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 2015-01 on 4/21/2015
Amended by Ord. 2020-10 on 9/15/2020

Sec 21-121 Area Regulations

The minimum lot area shall be one acre, provided there shall be no minimum lot area requirement for public utilities, public utility service yards, railroad spurs, towers and aerials, and parks and playgrounds. 

For major and minor utilities, the minimum lot area shall be the area necessary to accommodate the use, any accessory use, and any required buffers, screening or access to the major and minor utility.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 3 on 1/26/1993
Amended by Ord. 99-4 § 1 on 4/27/1999
Amended by Ord. 2015-01 on 4/21/2015
Amended by Ord. 2016-03 on 6/21/2016

Sec 21-121.1 Frontage Regulations

The minimum width of any lot at the setback line shall be one hundred fifty (150) feet. 

Road frontage requirements shall not apply to major and minor utilities.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 4 on 1/26/1993
Amended by Ord. 2016-03 on 6/21/2016

Sec 21-122 Setback Regulations

The minimum front setback for structures shall be thirty-five (35) feet.

HISTORY
Adopted by Ord. 1-26-93 Paper Archive § 3 on 1/26/1993
Amended by Ord. 98-23 § 1 on 12/15/1998
Amended by Ord. 2003-16 § A11 on 2/17/2004
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-123 Yard Regulations

  1. Side. The minimum width of each side yard shall be twenty (20) feet, except that when a use is abutting a residential district, there shall be a side yard of not less than fifty (50) feet with a vegetative buffer per Section 21-236. The minimum street side yard for all buildings and structures shall be twenty (20) feet.
  2. Rear. The minimum rear yard for each main structure shall be twenty (20) feet, except that when a use is abutting a residential district, there shall be a rear yard of not less than one hundred (100) feet with a vegetative buffer per Section 21-236.

    See ATC chapter 21, article XXV for supplemental yard regulations.

HISTORY
Adopted by Ord. 10-8-85 Paper Archive § 1 on 10/8/1985
Amended by Ord. 1-26-93 Paper Archive § 3 on 1/26/1993
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 98-23 § 1 on 12/15/1998
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-124 Height Regulations

  1. No building or structure shall exceed a height of forty-five (45) feet from grade, unless specified elsewhere in this chapter.
  2. Additional height for buildings or structures exceeding forty-five (45) feet may be permitted, with a conditional use permit, provided that:
    1. All portions of a building or structure over forty-five (45) feet in height are set back from properties designated for residential use by the Comprehensive Plan a minimum of three (3) feet for each one (1) foot of height.
    2. All portions of a building or structure over forty-five (45) feet in height are set back from all public rights-of-way a minimum of two (2) feet for each one (1) foot in height.
    3. All portions of a building or structure over forty-five (45) feet in height are set back from all other property lines a minimum of one (1) foot for each one (1) foot in height.
    4. These provisions shall not apply to communications towers.
  3. No communications tower shall exceed a height of one hundred (100) feet from grade, unless otherwise specified in this chapter. Additional height for communications towers exceeding one hundred (100) feet may be permitted with a conditional use permit.

HISTORY
Adopted by Ord. 12-11-84 Paper Archive on 12/11/1984
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 2007-04 on 3/20/2007
Amended by Ord. 2007-14 on 10/18/2007
Amended by Ord. 2012-08 on 6/19/2012
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-125 Utilities

All uses shall be constructed on properties served by public water and sewer systems.

Sec 21-125.1 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 21-125.2 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 21-125.3 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 February 17, 2004, § A6, repealed § 21-125.2 which pertained to buffer and screening adjacent to residential district and derived from ordinances dated November 24, 1987, § 4 and December 15, 1998, § 1.

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

Sec 21-126 Reserved


2015-01

95-04

96-14

96-32

2003-16

2005-04

2005-16

2005-18

2007-04

2007-14

2009-12

2017-04

2018-05

ORD2020-06

2020-10

98-8

99-4

2016-03

98-23

2012-08