Ashland City Zoning Code

PART 4

Zoning Districts

4.1 Zoning District Regulations

Intent. The intent of Part 4: Zoning Districts is to establish zoning districts within the City of Ashland that correspond with the Land Use Plan and the City’s vision, goals, objectives, and policies for sustainable growth and development as described in the City’s Comprehensive Plan.
Relationship of Zoning Districts to the Comprehensive Plan. The zoning district requirements and the delineation of zoning district boundaries on the Zoning Map shall be consistent with the goals, objectives, and policies of the City of Ashland Comprehensive Plan. The zoning district boundaries and rezoning requests shall also relate to the Land Use Plan Map and the Staged Growth plans of the Comprehensive Plan. The official Comprehensive Plan is on file in the office of the Zoning Administrator.
Establishment of Zoning Districts. The City of Ashland is divided into the following base (underlying) zoning districts as regulated in this Ordinance and as shown on the Zoning Map.
1. R-E Residential Estate District
2. R-1 Single-Family Residential District
3. R-2 Single and Two-Family Residential District
4. R-3 Medium Density Residential District
5. R-4 High Density Residential District
6. MHC Manufactured Home Community (Mobile Home Park) District
7. MRC Mixed Residential/Commercial District
8. PRI Planned Residential/Institutional District
9. NC Neighborhood Convenience District
10. RC Regional Commercial District
11. CC City Center District
12. MCI Mixed Commercial/Industrial District
13. LI Light Industrial District
14. HI Heavy Industrial District
15. W-SFR Waterfront Single-Family Residential District
16. W-MRC Waterfront Mixed Residential/Commercial District
17. W-CRM Waterfront Conference/Residential Mix District
18. W-C Waterfront Commercial District
19. W-CC Waterfront City Center District
20. W-I Waterfront Industrial District
21. W-PI Waterfront Public/Institutional District
22. PI Public/Institutional District
23. PP Public Parks District
24. FD Future Development District
25. AIR Airport District
  
  The City of Ashland is divided into the following overlay zoning districts as regulated by this Ordinance and as may be shown on the Zoning Map or illustrated or described within this Ordinance.
26. W-O Waterfront Overlay District
27. GTWY-O Gateway Overlay District
28. BCC-O Bay City Creek Overlay District
29. F-O Floodplain Overlay
30. WET-O Wetland Overlay
31. PUD Planned Unit Development Overlay District
32. Conservation Subdivision Overlay District
33. Traditional Neighborhood Design Overlay District
Zoning Map.
1. Location and boundaries of zoning districts. The location and boundaries of the zoning districts established by this Ordinance are set forth on the Zoning Map, which is hereby incorporated as part of this Ordinance, or are set forth in the pertinent sections of this Ordinance.
2. Official Zoning Map and copies. An official Zoning Map shall be created and kept on file in the office of the Zoning Administrator. Paper or electronic copies of the official Zoning Map may be created for ease of access. Copies shall not be considered the official Zoning Map and shall contain a disclaimer stating that the information may not be current and directing the user to the office of the Zoning Administrator for the official Zoning Map.
3. Map format. The Zoning Map may be in hard copy or electronic format or both.
4. Changes to district boundaries. Changes to zoning district boundaries must be approved by the Common Council pursuant to Section 3.3: Zoning Map Amendments (Rezoning). The Zoning Administrator or Designated Authorized Agent shall record any approved change on the official Zoning Map after approval by the Common Council.
5. Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any zoning district as shown on the Zoning Map, the following rules shall apply:
  1. Parcel lines. Boundaries indicated as approximately following parcel lines shall be construed as following such parcel lines.
  2. Street centerlines. Boundaries indicated as approximately following centerlines of streets or highways, street lines, or highway right-of-way lines shall be construed as following such lines.
  3. Centerlines extended. Boundaries indicated as approximately parallel to or extensions of the centerlines or right-of-way lines of streets, or the centerlines or right-of-way lines of highways, shall be construed as being parallel to or extensions of and at such distance there from as indicated on the Zoning Map. If no distance is given, the distance shall be determined using the Zoning Map scale.
  4. Water bodies. Boundaries shown following a water body shall be deemed to be located along the shores of the water body unless designated otherwise in this Ordinance.
  5. Railroad right-of-way. Boundaries shown following a railroad line shall be deemed to be located midway between the main tracks of the railroad line.
  6. Parcel divisions. Where a district boundary divides a single parcel:
    1. Except where required under 4.1, D., 5., f., (2), the Zoning Administrator or Designated Authorized Agent shall extend to the entire lot all provisions of the one (1) district on said parcel which is:
      1. Most similar to and compatible with the prevailing uses established on all lands within three-hundred (300) feet of said parcel, and
      2. Consistent with the adopted Comprehensive Plan.
    2. Where the Zoning Administrator or Designated Agent finds the above criteria not conducive to a determination of the prevailing zoning district, the Zoning Administrator or Designated Authorized Agent shall refer the matter to the Plan Commission for consultation.
    3. In no case shall a parcel split by zoning boundaries have more than one principal structure on the parcel.
    4. A principal use may not be established on any portion of a parcel if the minimum parcel size requirements of the applicable district cannot be met by the available area of the entire parcel.
  7. Vacations or discontinuances. If a street, alley, or other public way is vacated or discontinued by official action, then the zoning district adjoining such public way shall be extended automatically to include all land attached by reversion to the centerline of such public way. Such vacated or discontinued land shall be subject to all regulations of the extended district.
  8. Administrative interpretations. Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or where due to scale, lack of detail, or illegibility there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries, or in other circumstances not covered above, the Zoning Administrator or Designated Authorized Agent shall interpret the district boundaries.
Zoning for Newly Annexed Land. All land annexed to the City shall automatically be designated FD Future Development District unless otherwise directed by the Common Council as part of the annexation process. Such designation shall remain until definite boundaries and regulations for such land are adopted by the Common Council.
Land Use Table & Dimensional Requirements Table. Appendix C-1: Land Use Table presents a land use table that is intended to help aid the reader in comparing allowable land uses across the various base or (underlying) districts. This table is intended for general reference only. Appendix C-2: Dimensional Requirements Table presents a table that is intended to help aid in understanding dimensional requirements in each district. If a conflict exists between the information presented in the land use table and the information specified in the text of the districts described in this Part of this Ordinance, the text of the districts shall take precedence.

4.2 R-E Residential Estate District

Intent. The intent of the R-E Residential Estate District is to provide areas, as guided by the Comprehensive Plan, for single-family detached dwellings (and other compatible uses) on relatively large parcels. Uses in the R-E Residential Estate District may or may not be served by municipal water and/or sanitary sewer service.
Uses.
1. Permitted uses. The following are permitted uses in the R-E Residential Estate District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and ten thousand (10,000) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the R-E Residential Estate District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Dwelling: two-family or duplex
    7. Emergency residential facility, provided that not more than fifteen (15) persons are served
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Government or community service use
    3. Religious institution
    4. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross developable area of five (5) acres or more
    2. Forestry, provided that the subject parcel has a gross developable area of five (5) acres or more
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than ten thousand (10,000) square feet of land disturbance, and as a separate activity that is not associated with a building permit or other development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the R-E Residential Estate District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, or donkeys, pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fence, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Greenhouse: local
  11. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  12. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs, pursuant to Section 6.6: Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-E Residential Estate District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One half (1/2) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows.
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the minimum principal building setback from the interior side parcel line as specified in this section shall be increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The maximum building coverage shall be as follows:
  1. All residential uses. Twenty-five (25) percent.
  2. Other uses. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Thirty (30) percent impervious coverage.
  2. Other uses. Seventy (70) percent impervious coverage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.3 R-1 Single-Family Residential District

Intent. The intent of the R-1 Single-Family Residential District is to provide areas, as guided by the Comprehensive Plan, for low-density single-family residential uses and other uses compatible with single-family residential uses.
Uses.
1. Permitted uses. The following are permitted uses in the R-1 Single-Family Residential District, pursuant to all applicable specific use standards
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C: Community Living AJ.Tangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the R-1 Single-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Dwelling: two-family or duplex
    7. Emergency residential facility, provided that not more than fifteen (15) persons are served
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Government or community services
    3. Religious institution
    4. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the R-1 Single-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-1 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: single-family detached. Seven thousand (7,000) square feet.
    2. Other residential use. Ten thousand five hundred (10, 500) square feet.
    3. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: single-family detached. Fifty (50) feet.
    2. Other residential use. Seventy-five (75) feet.
    3. Other principal use. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential use. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Thirty (30) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum allowable impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty (40) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.4 R-2 Single And Two-Family Residential District

Intent. The intent of the R-2 Single and Two-Family Residential District is to provide areas, as guided by the Comprehensive Plan, for low-density residential uses allowing both single-family and two-family dwellings and to allow for other uses compatible with single and two-family residences.
Uses.
1. Permitted uses. The following are permitted uses in the R-2 Single and Two-Family Residential District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family attached, not to exceed two (2) dwelling units per building
    3. Dwelling: single-family detached
    4. Dwelling: two-family or duplex
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following are conditional uses in the R-2 Single and Two-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Emergency residential facility, provided that not more than fifteen (15) persons are served
    7. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    8. Long term housing, pursuant to Section 5.2, F.:, Social Services
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
    11. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Clinic and Medical Office
    3. Government or community services
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Accessory buildings, if the buildings exceed the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as the principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the R-2 Single and Two-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5 B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-2 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: single-family attached. Seven thousand (7,000) square feet per dwelling unit.
    2. Dwelling: single-family detached. Seven thousand (7,000) square feet.
    3. Dwelling: two-family or duplex. Ten thousand five hundred (10,500) square feet.
    4. Other residential use. Ten thousand five hundred (10,500) square feet.
    5. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: single-family attached. Fifty (50) feet per unit.
    2. Dwelling: single-family detached: Fifty (50) feet.
    3. Dwelling: two-family or duplex. Seventy-five (75) feet.
    4. Other residential use. Seventy-five (75) feet.
    5. Other principal use. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential uses. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Thirty-five (35) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty (40) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.5 R-3 Medium Density Residential District

Intent. The intent of the R-3 Medium Density Residential District is to provide areas for medium density residential uses in Ashland. The R-3 District is also intended to allow for other uses compatible with medium density residential uses. Areas of medium density residential development may also occur within other districts, including, but not limited to, the MRC Mixed Residential/Commercial, W-MRC Waterfront Mixed Residential/Commercial, PRI Planned Residential/Institutional, CC City Center, and W-CC Waterfront City Center Districts.
Uses.
1. Permitted uses. The following uses are permitted in the R-3 Medium Density Residential District.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility.
    2. Dwelling: multi-family, three (3) or four (4) dwelling units per building
    3. Dwelling: single-family attached not to exceed six (6) dwelling units per building
    4. Dwelling: two-family or duplex
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the R-3 Medium Density Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: single-family detached
    6. Emergency residential facility, provided that not more than fifteen (15) persons are served
    7. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    8. Long term housing, pursuant to Section 5.2, F.:, Social Services
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Short term housing, pursuant to Section 5.2, F.,: Social Services
    11. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Government or community services
    3. Nursing home
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the R-3 Medium Density Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R3 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: multi-family. Five thousand (5,000) square feet per dwelling unit.
    2. Dwelling: single-family attached. Five thousand (5,000) square feet per dwelling unit.
    3. Dwelling: two-family or duplex. Ten thousand five hundred (10,500) square feet.
    4. Other residential use. Ten thousand five hundred (10,500) square feet.
    5. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: multi-family. One hundred (100) feet.
    2. Dwelling: single-family attached. Thirty-five (35) feet per dwelling unit.
    3. Dwelling: two-family or duplex. Seventy-five (75) feet.
    4. Other residential use. Seventy-five (75) feet.
    5. Other principal use. One (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential uses. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Forty (40) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty-five (45) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.6 R-4 High Density Residential District

Intent. The intent of the R-4 High Density Residential District is to provide areas for high-density residential uses in Ashland. The R-4 District is also intended to allow for other uses compatible with high-density residential uses. Other areas of high density residential development may occur within other districts, including, but not limited to, the MRC Mixed Residential/Commercial, W-MRC Waterfront Mixed Residential/Commercial, PRI Planned Residential/Institutional, CC City Center, W-CC Waterfront City Center, and PI Public/Institutional Districts.
Uses.
1. Permitted uses. The following uses are permitted in the R-4 High Density Residential District, pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: multi-family, three (3) to eight (8) dwelling units per building
    3. Dwelling: single-family attached three (3) to six (6) dwelling units per building
    4. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in the R-4 High Density Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dormitory
    6. Dwelling: multi-family, if more than eight (8) dwelling units per building
    7. Emergency residential facility
    8. Fraternity or sorority house
    9. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    10. Long term housing pursuant to Section 5.2, F.: Social Services
    11. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    12. Short term housing pursuant to Section 5.2, F.: Social Services
    13. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution, a primary or secondary school, or the common facilities of a multi-family dwelling complex and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Government or community service
    3. Nursing home
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Accessory buildings, if the buildings exceed the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as the principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the R-4 High Density Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-4 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: multi-family. Two thousand five hundred (2,500) square feet per dwelling unit.
    2. Dwelling: single-family attached. Four thousand (4,000) square feet per dwelling unit.
    3. Other residential use. Ten thousand five hundred (10,500) square feet.
    4. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: multi-family. One hundred (100) feet.
    2. Dwelling: single-family attached. Thirty-five (35) feet per dwelling unit.
    3. Other residential use. Seventy-five (75) feet.
    4. Other principal use. One (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. Forty-five (45) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Forty (40) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Sixty (60) percent.
  2. Other use. Seventy (70) percent.
7. Minimum floor area per unit in multi-family uses.
  1. Efficiency unit. Five hundred (500) square feet.
  2. One bedroom unit. Six hundred (600) square feet.
  3. Two bedroom unit. Seven hundred fifty (750) square feet.
  4. Three or more bedroom units. Seven hundred fifty (750) plus one hundred fifty (150) square feet for each additional bedroom beyond two (2).
8. Minimum floor area per unit for multi-unit senior housing.
  1. Efficiency unit. Four hundred fifty (450) square feet.
  2. One bedroom unit. Five hundred fifty (550) square feet.
  3. Two bedroom unit. Seven hundred (700) square feet.
  4. Three or more bedroom units. Seven hundred (700) plus one hundred (100) square feet for each additional bedroom beyond two (2).

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.7 MHC Manufactured Home Community (Mobile Home Park) District

Intent. The intent of the MHC Manufactured Home Community (Mobile Home Park) District is to preserve and provide safe and attractive areas in Ashland for manufactured homes (mobile homes) in a manufactured home community (mobile home park) setting.
Uses.
1. Permitted uses. The following uses are permitted in the MHC Manufactured Home Community (Mobile Home Park) District, pursuant to all applicable specific use standards:
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached for use by the owner or caretaker of the associated manufactured home community
    3. Manufactured home, mobile home, and manufactured home community, pursuant to Section 5.1, G.: Mobile Homes and Mobile/Manufactured Home Communities
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Common facilities for use by residents and guests of a manufactured home community such as a laundromat, indoor and outdoor recreation facilities, and a storm shelter.
    2. Parking lot as a principal use, provided that it provides parking for the exclusive use of the residents of the mobile home community and their guests.
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the MHC Manufactured Home Community (Mobile Home Park) District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    3. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    4. Emergency residential, facility provided that not more than fifteen (15) persons are served
    5. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    6. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Day care center: commercial provided that is an accessory use to a religious institution, primary or secondary school, or the common facilities of the manufactured home community and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Government or community service use
    2. Religious institution
    3. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, provided that it is located on a parcel for which the principal use is a government or community service use, a religious institution, a primary or secondary school, or the common facilities of a manufactured home community, and pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the MHC Manufactured Home Community District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Required area for a manufactured home community. A manufactured home community shall have a minimum area of ten (10) acres.
2. Lot requirements for manufactured homes.
  1. Minimum lot width. Thirty-two (32) feet.
  2. Minimum lot length. Seventy-five (75) feet.
3. Required setbacks at the periphery of a manufactured home community. All principal and accessory buildings shall be set back a minimum of twenty-five (25) feet from parcel or lot lines at the periphery of a manufactured home community.
4. Required setbacks internal to the manufactured home community.
  1. Minimum principal and accessory building setback from all internal street right-of-ways. Ten (10) feet.
  2. Minimum distance between all principal buildings. Twenty (20) feet.
  3. Minimum distance between an accessory building and a principal building. Six (6) feet.
  4. Minimum accessory building setback from an interior parcel line. Three (3) feet.
5. Maximum allowable principal building height. No principal building shall exceed one (1) story, nor twenty-five (25) feet in height, as measured pursuant to Section 6.1, C.: Building Height.
6. Height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
7. Maximum building coverage of a manufactured home lot.
  1. Manufactured home. Thirty-five (35) percent.
  2. Manufactured home and accessory buildings combined. Fifty (50) percent.
Special Requirements
1. Manufactured home community created after January 1, 1996. A manufactured home community created after January 1, 1996 (or the addition of new lots to an existing manufactured home community) shall be approved through the planned unit development (PUD) process, pursuant to Section 4.55: PUD Planned Unit Development Overlay District.
2. Licensing, inspection, enforcement, and special design standards. Licensing, inspection, enforcement, and special design standards of a manufactured home community shall be pursuant to Section 5.1, G.: Mobile Homes and Mobile/Manufactured Home Communities.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.8 MRC Mixed Residential/Commercial District

Intent. The MRC Mixed Residential/Commercial District encompasses areas that have predominantly existing residential uses, but that may also have existing commercial and/or industrial uses, some of which may be incompatible with residential uses and/or the vision for the area as expressed in the City’s Comprehensive Plan. The intent of the district is as follows:
1. Encourage the preservation and enhancement of existing residential uses in the district;
2. Encourage a sensitive mixture and integration of new residential uses in the district, including single and two-family dwellings, single-family attached dwellings, and multi-family dwellings;
3. Allow the preservation and enhancement of existing commercial uses that are compatible with the predominantly residential character of the area and the vision for the area as expressed in the City’s Comprehensive Plan;
4. Encourage existing commercial and industrial uses that are incompatible with residential uses and/or the vision of the area, as expressed in the Comprehensive Plan, to relocate to other appropriate districts in the city;
5. Encourage redevelopment of sites that have existing incompatible uses by providing flexibility to redevelop those sites with mixed residential uses, compatible commercial uses, and potentially compatible light industrial uses;
6. Encourage redevelopment in the district to occur through the planned unit development (PUD) process at a neighborhood or block scale. If the City of Ashland has adopted a plan for an area in the MRC District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Permitted uses. The following are permitted uses in the MRC Mixed Residential/Commercial District.
  1. Residential uses.
    1. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    3. Dwelling: single-family attached, not to exceed two (2) dwelling units per building
    4. Dwelling: single-family detached
    5. Dwelling: two-family or duplex
    6. Any residential use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
    7. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuantto Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Any commercial use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
  3. Public, institutional, and civic uses.
    1. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary and seasonal uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the MRC Mixed Residential/Commercial District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with a conditional use
    6. Dwelling: single-family attached, three to six units per building
    7. Dwelling: multi-family, three (3) or more dwelling units
    8. Emergency residential facility, provided that not more than fifteen (15) persons are served
    9. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    10. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility and provided that the facility does not serve more than fifteen (15) persons at one time
    11. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
    12. Community-based Residential Facility
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry drop off and pick up, but excluding processing
    9. Filling station with or without a convenience store
    10. Funeral home
    11. Garden supply or landscaping center
    12. Household maintenance and repair establishment
    13. Laundromat
    14. Local food store, pursuant to Section 5.2, D.: Local Food Store
    15. Lodging establishment, short stay or extended stay
    16. Office
    17. Personal service
    18. Recreation facility: commercial indoor or outdoor
    19. Restaurant: carry-out, fast food, drive-in, or sit-down
    20. Retail establishment: convenience
    21. Retail establishment: general
    22. Social services
    23. Tavern
    24. Theater
    25. Tool and equipment rental facility
    26. Vehicle repair and service
    27. Veterinary clinic: small animal
  3. Industrial uses.
    1. Contractor’s yard, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    2. Freight terminal, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    3. Manufacturing: heavy, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    4. Manufacturing: light, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) or provided that the use is replacing a more intense existing use, and pursuant to the special requirements of this section
    5. Public works yard, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    6. Research and development use, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) or provided that the use is replacing a more intense existing use, and pursuant to the special requirements of this section.
  4. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Nursing home
    5. Religious institution
    6. School: primary or secondary, or specialty or personal instruction
  5. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Outdoor wood-fired furnace associated with a single-family detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    4. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    5. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the MRC Mixed Residential/Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be identical to the dimensional requirements of the zoning district in this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a single-family detached dwelling shall meet the dimensional requirements for a single-family detached dwelling in the R-1 Single Family Residential District; the dimensional requirements for a high density residential use shall meet the dimensional requirements for a high density residential use in the R-4 High Density Residential District; and the dimensional requirements for a commercial uses shall meet the dimensional requirements for a commercial use in the NC Neighborhood Convenience District.
2. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the MRC Mixed Residential/Commercial District abuts a less intense existing use (as determined by the Zoning Administrator or Designated Authorized Agent of the City), the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements for Commercial and Industrial Uses.
1. Standards for commercial and industrial uses.
  1. Standards for commercial uses in the district. The Common Council of the City of Ashland recognizes that a variety of commercial uses exist in the MRC District. Standards for continuation and/or expansion of commercial uses in the district are as follows:
    1. Existing commercial uses (listed as conditional uses in the district) shall be allowed to continue (and potentially expand) in a manner that is compatible with adjacent residential uses.
    2. Commercial uses shall not replace existing residential uses, except in unique situations, the Common Council may find that it is in the best interest of the overall community to allow this to occur, especially along arterial roads where the dominant existing land use relates to commercial uses.
    3. Commercial uses shall serve the local and neighborhood population; however, commercial uses adjacent to US Highway 2 may also serve the needs of the traveling public. Commercial uses over twenty thousand (20,000) square feet shall be directed to the RC Regional Commercial District.
    4. To the extent possible, commercial uses shall be integrated with each other to allow for shared parking and enhanced vehicular and pedestrian access.
    5. Commercial uses shall be limited to arterial and collector streets.
  2. Standards for industrial uses in the district. The Common Council of the City of Ashland recognizes that a variety of industrial uses exist in the MRC District, especially along arterial and collector streets. Standards for continuation and/or expansion of industrial uses in the district are as follows:
    1. Existing contractor yards, freight terminals, heavy manufacturing, public work yards, and similar industrial uses are encouraged to relocate to an appropriate industrial district in the city. However, these uses shall be allowed to continue on the parcels on which they exist. Expansion and/or renovation of the uses may be considered pursuant to the conditional use procedures of this Ordinance, with special consideration given to the impact of the uses on the neighborhood and the overarching vision of the City as expressed in the Comprehensive Plan.
    2. New industrial uses in the district are not anticipated. However, in unique situations the Common Council may find that it is in the best interest of the neighborhood and the overall community to allow the replacement of existing, more intense industrial uses with appropriate light manufacturing or research and development uses.
    3. Where feasible, appropriate industrial uses in the district shall be clustered and have appropriate screening to reduce possible adverse impacts on the neighborhood and to promote possible synergy between industrial uses.
    4. Industrial uses shall be limited to arterial or collector streets, or to areas where there is a distinct cluster of appropriate industrial uses.
2. Decision criteria and potential conditions of approval.
  1. Decision criteria. Required approvals associated with commercial and industrial uses in the MRC District shall meet the intent of this district and shall be consistent with all of the conditional use requirements specified in Section 3.9: Conditional Use Permit. Approval or denial of a conditional use permit shall place special emphasis on how the use addresses neighborhood compatibility and protection issues.
  2. Possible conditions of approval. The Common Council may attach appropriate conditions to any approvals associated with a conditional use in the district. Conditions may include, but are not limited to, the following:
    1. Limited hours of operation;
    2. Limited number, types, and hours of deliveries;
    3. Limited or no outdoor storage;
    4. Limited or no drive through window;
    5. Special building and site design standards that ensure compatibility with the neighborhood; and/or
    6. Increased screening and/or buffers.
3. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
4. Gateway Overlay District requirements. Parcels that have frontage on a U.S. or State Highway shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.9 PRI Planned Residential/Institutional District

Intent. The PRI Planned Residential/Institutional District encompasses areas near major institutions in Ashland, including Northland College, Wisconsin Indianhead Technical College, and Memorial Medical Center. Existing uses in the district may include agriculture, open space, and relatively scattered single-family detached dwellings and commercial uses. The intent of the district is as follows:
1. Promote development and/or redevelopment of the district based on traditional neighborhood design principles as described in Where applicable, development and/or redevelopment shall be consistent with the goals, objectives, and policies of the Binsfield Road/Ellis Avenue Neighborhood Plan described in the City’s Comprehensive Plan and/or other subsequent and related plans approved by the City;
2. Encourage development and redevelopment in the district to occur through the planned unit development (PUD) process at a neighborhood or block scale;
3. Promote a mix of residential uses that provide a variety of residential styles, types, and sizes to accommodate households of various ages, sizes, and incomes;
4. Encourage the development and/or redevelopment of public, civic, and institutional uses that will have a synergistic relationship with existing nearby institutions. Examples of such uses may include, but are not limited to, the following: government offices, research institutions, not-for-profit organizations, schools, parks, religious institutions, residential care facilities, clinics, and similar uses;
5. Allow for the development and/or redevelopment of “green” or light industrial uses that have a synergistic relationship with existing nearby institutions. These uses shall not create excessive pollution, congestion, noise, or other adverse conditions that are inconsistent with the mixed-use character of the district. Examples of acceptable uses may include, but are not limited to, the following: light industries that develop and produce sustainable building products, medical industries, research and development uses, and clean, high-tech industries. Where feasible, it is the intent of this district to encourage the clustering of light industries in the district to enhance the environmental, social, and economic performance of individual industries through collaboration with other industries and institutions in the district;
6. Encourage the limited development of neighborhood convenience uses that provide the district with convenient, pedestrian access to commercial uses that serve the frequent commercial needs of the local area. Direct large-scale commercial development to the RC Regional Commercial District;
7. Incorporate a transportation system that offers public transit opportunities and multiple routes for motorists, bicyclists, and pedestrians;
8. Protect and enhance significant natural features in the district, including, but not limited to, the Bay City Creek Corridor, wetlands, and woodlands.
Uses.
1. Uses that are not part of an approved planned unit development (PUD).
  1. Uses in existence prior to the adoption of this ordinance. Any use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
  2. New residential development in established residential neighborhoods. A single-family detached dwelling shall be a permitted use in established residential neighborhoods (as determined by the Zoning Administrator or Designated Authorized Agent), provided that the dwelling is served by public sanitary sewer and water. Single-family dwellings in established residential neighborhoods shall be consistent with the provisions of the R-1 Single-Family Residential District.
  3. Other uses. All uses that are not part of an approved planned unit development, were not in existence prior to the adoption of this ordinance, and are not a single-family detached dwelling served by public sanitary sewer and water, shall be consistent with the FD Future Development District provisions of this Ordinance, except that all permitted uses in the FD District shall be conditional uses in the PRI District. The Zoning Administrator or Designated Authorized Agent of the City shall have the option of waiving the requirement for conditional use permit approval for minor or accessory uses that do not have a major impact on the district, including fences, signs, minor renovations, and similar uses.
2. Uses that are part of an approved planned unit development (PUD). Uses that are part of a planned unit development (PUD) in the PRI District shall be established in the planned unit development (PUD) ordinance. The uses shall relate to the intent of this district and (where applicable) the goals, objectives, and policies, of the Binsfield Road/Ellis Avenue Neighborhood Plan described in the City’s Comprehensive Plan and/or other subsequent plans approved by the City.
Dimensional Requirements.
1. Basic dimensional requirements for permitted, conditional, and accessory uses that are not part of an approved planned unit development (PUD). Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be identical to the dimensional requirements of the FD Future Development District.
2. Basic dimensional requirements for permitted, conditional, and accessory uses that are part of an approved planned unit development (PUD). Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be established in an approved planned unit development (PUD) ordinance and shall be consistent with generally accepted traditional neighborhood design principles.
Special Requirements.
1. Planned unit development (PUD) area requirement. The minimum area for a planned unit development in the PRI District is twenty (20) acres. However, the Common Council can waive this requirement if it finds that the PUD encompasses a clearly defined area that will not preclude logical development of adjacent properties in a manner consistent with the intent of this section.
2. Planned unit development (PUD) procedures and approval. A planned unit development (PUD) in the PRI District shall follow the procedures and approval requirements specified in Section 4.55: PUD Planned Unit Development Overlay, except as modified in this section. Approval or denial of a planned unit development (PUD) application shall clearly state how the planned unit development (PUD) application meets or fails to meet the intent of the PRI District.

4.10-4.14 (Reserved)

(Reserved for potential additional residential districts.)

4.15 NC Neighborhood Convenience District

Intent. The intent of the NC Neighborhood Convenience District is to provide areas of neighborhood convenience retail sales and services that serve the local or neighborhood population, rather than the regional population. Uses in this district are intended to be compatible with the surrounding residential neighborhood. Neighborhood convenience uses may also occur within other pertinent districts in Ashland, including, but not limited to, the MRC Mixed Residential/Commercial, the PRI Planned Residential/Institutional Districts, and the W-MRC Waterfront Mixed Residential/Commercial District.
Uses.
1. Permitted uses. The following uses are permitted in the NC Neighborhood Convenience District pursuant to all specific use standards.
  1. Residential uses. Dwelling, provided that the dwelling is combined with a permitted or conditional use
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Bank or financial institution
    4. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    5. Business service
    6. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Dry cleaning and laundry, drop off and pick up, but excluding processing
    8. Household maintenance and repair establishment
    9. Laundromat
    10. Local food store, pursuant to Section 5.2, D.: Local Food Store
    11. Office
    12. Personal service
    13. Retail: convenience or general, not to exceed two thousand five hundred (2,500) square feet
    14. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Public park
    5. Religious institution
    6. School: primary, secondary, specialty, or personal instruction
  4. Utility and communication uses.
    1. Essential services
  5. Agriculture, forestry, and open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in a NC Neighborhood Convenience District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming house
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that fifteen (15) or fewer persons are served by the facility
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Emergency residential shelter, provided that not more than fifteen (15) persons are served
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Assembly hall
    2. Car wash
    3. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    4. Filling station with or without a retail convenience use
    5. Funeral home
    6. Garden supply or landscaping center
    7. Lodging establishment: short stay or extended stay
    8. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    9. Recreation facility: commercial indoor or outdoor
    10. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Restaurant: carry-out or fast food, drive-in, or sit-down
    12. Retail: convenience or general, exceeding two thousand five hundred (2,500) square feet
    13. Social Services, pursuant to Section 5.2 F.: Social Services
    14. Theater
    15. Tool and equipment rental facility
    16. Vehicle repair and/or service
  3. Public, civic, and institutional uses.
    1. Nursing home
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the NC Neighborhood Convenience District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the NC Neighborhood Convenience District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Ten (10) feet.
  2. Minimum principal building setback from corner street side parcel line. Ten (10) feet.
  3. Minimum principal building setback from interior side parcel line. Ten (10) feet.
  4. Minimum principal building setback from rear parcel line. Twenty-five (25) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the NC Neighborhood Convenience District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.16 RC Regional Commercial District

Intent. The intent of the RC Regional Commercial District is to provide areas for commercial uses along major streets and highways in the city for the convenience of travelers, tourists, and the residents of Ashland. The district is intended to provide for a full range of commercial uses to be located on sites with immediate access to arterial or collector streets. It is also the intent of the district to allow the continuation of existing residential uses in the district, while allowing the sensitive conversion of residential parcels to appropriate commercial uses that can benefit from the district’s proximity to arterial or collector streets. Commercial uses in the RC District are not intended to weaken the commercial vitality of the CC City Center District. It is also the intent of the RC Regional Commercial District to conditionally allow the continuation of existing industrial uses in the district, while encouraging the industrial uses to relocate to an appropriate industrial district in the city.
Uses.
1. Permitted uses. The following uses are permitted in the RC Regional Commercial District pursuant to all specific use standards.
  1. Residential uses.
    1. Residential uses in existence prior to the adoption of this ordinance.
    2. Multi-family dwelling with or without a permitted commercial use
    3. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry, drop off and pick up, but excluding processing
    9. Funeral home
    10. Garden supply or landscaping center
    11. Home improvement center
    12. Household maintenance and repair establishment
    13. Laundromat
    14. Lodging establishment: short stay
    15. Lodging establishment: extended stay
    16. Office
    17. Personal service
    18. Recreation facility: commercial indoor
    19. Recreation facility: commercial outdoor
    20. Restaurant: carry-out, fast food, or sit-down.
    21. Retail: convenience
    22. Retail: general
    23. Tavern
    24. Theater
    25. Tool and equipment rental facility
    26. Vehicle repair and/or service
    27. Vehicle sales and/or rental
    28. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Clubs and associations
    3. Government or community service use
    4. Museum
    5. Public park
    6. Religious institution
    7. School: primary or secondary, specialty or personal instruction
  4. Utility and communication uses.
    1. Communication service
    2. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
    3. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in a RC Regional Commercial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    3. Boarding or rooming house
    4. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that fifteen (15) or fewer persons are served
    5. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    6. Dwelling combined with a conditional use
    7. Emergency residential facility
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Adult retail establishment
    3. Agricultural services
    4. Animal boarding, animal training, or animal grooming, with an outdoor kennel and/or outdoor run
    5. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    6. Dry cleaning and/or laundry: onsite processing
    7. Filling station
    8. Freight terminal: local
    9. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    10. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    12. Social services, pursuant to Section 5.2, F.: Social Services
    13. Veterinary clinic: large animal
    14. Warehouse: self-storage
  3. Industrial uses.
    1. Any industrial use (as determined by the Zoning Administrator or Designated Authorized Agent of the City) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming use at that time) shall be a conditional use on the subject parcel provided that the use has not lapsed for more than twelve (12) consecutive months
  4. Public, civic, and institutional uses.
    1. Nursing home
  5. Agricultural uses.
    1. Agricultural services
  6. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  7. Temporary, seasonal, or land filling/excavation uses.
  8. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the RC Regional Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the RC Regional Commercial District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Twenty thousand (20,000) square feet.
  2. Minimum parcel width. One hundred fifty (150) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirement between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the RC Regional Commercial District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Gateway Overlay District requirements. Parcels that have frontage on a U.S. or State Highway shall meet the gateway overlay requirements specified in Section 4.47 GTWY-O Gateway Overlay District.
2. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.17 CC City Center District

Intent. The intent of the CC City Center District is to encourage and foster the further development and enhancement of the downtown (city center) area. The district requirements recognize the unique characteristics of the city center area as the heart of the city. The city center provides a mix of traditional downtown uses that are consistent with the vision for the area as expressed in the Comprehensive Plan, including retail, entertainment, offices, services, government facilities, and a mixture of residential uses. However, the district also includes a variety of industrial uses, some of which may not be compatible with the City’s vision for the district. Should an existing industrial use in this district cease to exist, it is the intent of this district to encourage the parcel to transition to a use consistent with the vision of the area as expressed in the Comprehensive Plan.
Uses.
1. Permitted uses. The following are permitted uses in the CC City Center District.
  1. Residential uses.
    1. Residential use, provided that the use was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of adoption of this ordinance.
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Dwelling combined with a permitted use
    4. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Conference center
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry, drop off and pick up, but excluding processing
    9. Funeral home
    10. Household maintenance and repair establishment
    11. Laundromat
    12. Local food store, pursuant to Section 5.2, D.: Local Food Store
    13. Office
    14. Personal service
    15. Recreation facility: commercial indoor
    16. Restaurant: carry-out, fast food, or sit-down
    17. Retail: convenience or general
    18. Tavern
    19. Theater
    20. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Museum
    5. Public park
    6. School: primary, secondary, or specialty or personal instruction
    7. Religious institution
  4. Utility and communication uses.
    1. Communication service
    2. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the CC City Center District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Conunwrity Living Arrangement and provided that a maximum of fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with conditional use
    6. Dwelling: multi-family, three (3) or more writs per building
    7. Dwelling: single-family attached, no more than six (6) units per building
    8. Dwelling: single-family detached
    9. Dwelling: two-family or duplex
    10. Emergency residential facility
    11. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    12. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    13. Tourist home, pursuant to Section 5.1, K.: Tourist Home, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Adult retail establishment
    2. Car wash
    3. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    4. Filling station
    5. Freight terminal: local
    6. Garden supply and landscaping center
    7. Home improvement center
    8. Lodging establishment: short stay or extended stay
    9. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    10. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Restaurant: drive-in
    12. Recreation facility: commercial outdoor
    13. Social services, pursuant to Section 5.2, F.: Social Services
    14. Tool and equipment rental facility
    15. Vehicle repair and/or service
    16. Vehicle sales and/or rental
    17. Warehouse: self-storage, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive
  3. Industrial uses.
    1. Any industrial use (as determined by the Zoning Administrator or Designated Authorized Agent of the City) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming use at that time) shall be a conditional use on the subject parcel provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance.
  4. Public, civic, and institutional uses.
    1. Nursing home
  5. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed n this Ordinance, but for which the Zoning Administrator or Designated Authoirzed Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the CC City Center District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building.
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the CC City Center District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Three thousand five hundred (3,500) square feet.
  2. Minimum parcel area for properties located in the GTWY-O Gateway Overlay District. Twenty thousand (20,000) square feet, except that a smaller parcel area may be allowed with the approval of a conditional use permit.
  3. Minimum parcel width. Twenty-five (25) feet.
  4. Minimum parcel width for properties located in the GTWY-O Gateway Overlay District. One-hundred forty (140) feet, except that a smaller parcel width may be allowed with approval of a conditional use permit.
2. Setback requirements of a principal building from all parcel lines. None, except that all parcels in the GTWY-O Gateway Overlay District shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District. Setbacks may be reduced with the approval of a conditional use permit.
3. Maximum parcel coverage. One hundred (100) percent, except that all parcels in the GTWY-O Gateway Overlay District shall meet the following:
  1. Maximum building coverage of the parcel. Fifty percent (50%).
  2. Maximum impervious coverage. Seventy percent (70%), except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
4. Maximum height of principal building. The maximum height of a principal building as measured pursuant to Section 6.1, C.: Building Height shall be forty-five (45) feet, except that parcels in the GTWY-O Gateway Overlay District shall be thirty-five (35) feet. A principal building may be allowed to exceed the height requirement with the approval of a conditional use permit.
5. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings in the district shall be as specified in Section 5.6, A.: Accessory Building.
6. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the CC City Center District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Standards for industrial uses in the district. The Common Council of the City of Ashland recognizes that a variety of industrial uses exist in the CC District. Standards for continuation and/or expansion of industrial uses in the district are as follows:
  1. Existing industrial uses shall be allowed to continue on the parcels on which they exist. Expansion or improvements to existing industrial uses may be considered pursuant to the conditional use procedures of this Ordinance, with special consideration given to the impact of the uses on the neighborhood and the overarching vision of the City as expressed in the Comprehensive Plan.
  2. New industrial uses in the district are not anticipated. However, in unique situations the Common Council may find that it is in the best interest of the neighborhood and the overall community to allow the replacement of existing, more intense industrial uses, with appropriate light manufacturing, research and development, or similar industrial uses, that have less of an adverse impact on the surrounding area.
2. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building and Site Design Standards and Guidelines.
3. Gateway Overlay District requirements. Parcels within the Gateway Overlay District shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.20 MCI Mixed Commercial/Industrial District

Intent. The MCI Mixed Commercial/Industrial District encompasses an area that has been historically industrial, but is currently composed of a mixture of commercial and industrial uses. The intent of this district is to allow continued use of commercial and industrial uses in the district in a manner that is compatible with surrounding residential uses.
Uses.
1. Permitted uses. The following uses are permitted in the MCI Mixed Commercial/Industrial District pursuant to all applicable specific use standards.
  1. Commercial uses.
    1. Artist studio
    2. Assembly hall
    3. Bank or financial institution
    4. Business service
    5. Car wash
    6. Dry cleaning and laundry drop off and pick up, but excluding processing
    7. Freight terminal: local
    8. Filling station with or without a convenience store
    9. Household maintenance and repair establishment
    10. Laundromat
    11. Office
    12. Personal service
    13. Recreation facility: commercial indoor or outdoor
    14. Restaurant: carry-out, fast food, drive-in, or sit down
    15. Retail establishment: convenience or general
    16. Theater
    17. Tool and equipment rental facility
    18. Vehicle repair and service
    19. Veterinary clinic: small animal
  2. Industrial uses.
    1. Contractor’s shop
    2. Dry cleaning and/or laundry: onsite commercial processing
    3. Manufacturing: light
    4. Public works yard
    5. Research and development
  3. Public, institutional, and civic uses.
    1. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the MCI Mixed Commercial/Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, with an outdoor kennel and/or outdoor run
    2. Social services, pursuant to Section 5.2, F.: Social Services
    3. Vehicle sales and/or rental
  2. Industrial uses.
    1. Composting facility: community or indoor pursuant to Section 5.3, C. Community Composting Facilities
    2. Contractor’s yard
    3. Freight terminal: commercial
    4. Power generation plant
    5. Recycling facility: community, pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
    6. Warehouse: general
    7. Wholesale and distribution center
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this District
3. Accessory uses. The following uses are allowed as an accessory use to a permitted or conditional use in the MCI Mixed Commercial/Industrial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  12. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  13. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One-half (1/2) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public park, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal buildings. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) feet may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of an accessory building shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirement between different uses. Wherever a more intense proposed use (or an expansion of a more intense existing use) in the MCI Mixed Commercial/Industrial District abuts a less intense existing use (as determined by the Zoning Administrator or Designated Authorized Agent), the more intense use shall provide a buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Gateway overlay district requirements. Parcels that have frontage on a U.S. or State Highway shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.21 LI Light Industrial District

Intent. The intent of the LI Light Industrial District is to provide an area for storage, warehousing, wholesaling, light manufacturing, and similar uses that do not create excessive pollution, congestion, noise, or other adverse conditions that are inconsistent with the surrounding area. Properties in the LI Light Industrial District can serve as a transitional land use between the more intensive heavy industrial sites and other residential and business uses. It is also the intent of this district to allow existing uses, including residential and agricultural uses, to continue in the district until they can logically and sensitively transition to an industrial use.
Uses.
1. Permitted uses. The following uses are permitted in the LI Light Industrial District pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling: single-family detached, provided that the dwelling was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance
  2. Commercial uses.
    1. Freight terminal: local
    2. Tool and equipment rental facility
    3. Vehicle repair and/or service
    4. Warehouse: self-storage
  3. Industrial uses.
    1. Contractor’s shop
    2. Dry cleaning and/or laundry: onsite commercial processing
    3. Manufacturing: light
    4. Public works yard
    5. Research and development
    6. Warehouse: general
    7. Wholesale and distribution center
  4. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  5. Utility and communication uses.
    1. Communication service
    2. Essential services
  6. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross area of five (5) acres or more
    2. Agricultural research facility
    3. Agricultural services
    4. Forestry, provided that the subject parcel has a gross area of five (5) acres or more
    5. Open space: private or public
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  8. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district
2. Conditional uses. The following conditional uses are allowed in the LI Light Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Bed and breakfast establishment associated with a permitted dwelling, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    2. Dwelling that serves as a caretaker’s residence for a permitted or conditional use
    3. Home occupation associated with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    4. Emergency residential facility
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Animal boarding, animal grooming, or animal training, with or without outdoor kennels and/or outdoor runs
    3. Artist studio
    4. Business service
    5. Car or truck wash
    6. Day care center: commercial, provided that it is an accessory use to a permitted or conditional use and pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Garden supply or landscaping center
    8. Home improvement center
    9. Household maintenance and repair establishment
    10. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    11. Office as a principal use
    12. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    13. Recreation facility: commercial indoor or outdoor
    14. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    15. Retail: convenience or general as a principal use
    16. Social services, pursuant to Section 5.2, F.: Social Services
    17. Vehicle sales and/or rental
    18. Veterinary clinic: large or small animal, with or without outdoor kennels or runs
  3. Industrial uses.
    1. Composting facility: community or indoor, pursuant to Section 5.3, C. Community Composting Facilities
    2. Contractor’s yard
    3. Freight terminal: commercial
    4. Power generation plant
    5. Recycling facility pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
  4. Public, civic, and institutional uses.
    1. School, specialty or special instruction
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
  7. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the LI Light Industrial District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, and donkeys, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fence, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  11. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  12. Office, provided that it is accessory to a permitted or conditional use.
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs, pursuant to Section 6.6: Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent
  23. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre
  2. Minimum parcel width. One hundred (100) feet
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) feet may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage..

HISTORY
Amended by Ord. 2021-1947 Amends Chapter 781 (1764). Unified Development Ordinance. Sections under 4.21B, 2. Conditional Uses., Residential Uses. on 6/29/2021
Amended by Ord. 2024-2003 on 7/30/2024

4.22 HI Heavy Industrial District

Intent. The intent of the HI Heavy Industrial District is to provide areas in the City for intense industrial uses. The HI District is intended to be separated from residential development and it is intended to be limited to areas where adequate transportation and pertinent utilities and services exist. It is also the intent of this district to allow existing uses, including residential and agricultural uses, to continue in the district until they can logically and sensitively transition to an industrial use.
Uses.
1. Permitted uses. The following uses are permitted in the HI Heavy Industrial District pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling: single-family detached, provided that the dwelling was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance
  2. Commercial uses.
    1. Freight terminal: local
    2. Tool and equipment rental facility
    3. Vehicle repair and/or service
    4. Warehouse: self-storage
  3. Industrial uses.
    1. Contractor’s shop
    2. Contractor’s yard
    3. Dry cleaning and/or laundry: onsite commercial processing
    4. Freight terminal: commercial
    5. Manufacturing: light
    6. Manufacturing: heavy
    7. Public works yard
    8. Research and development
    9. Warehouse: general
    10. Warehouse: self-storage
    11. Wholesale and distribution center
  4. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  5. Utility and communication uses.
    1. Communication service
    2. Essential services
  6. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross area of five (5) acres or more
    2. Agricultural research facility
    3. Forestry, provided that the subject parcel has a gross area of five (5) acres or more
    4. Agricultural services
    5. Open space: private or public
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  8. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in the HI Heavy Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Bed and breakfast associated with a permitted dwelling, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    2. Dwelling that serves as a caretaker’s residence for a permitted or conditional use
    3. Home occupation permitted with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Animal boarding, animal grooming, or animal training, with or without outdoor kennels and/or outdoor runs
    3. Artist studio
    4. Business service
    5. Car or truck wash
    6. Day care center: commercial, provided that it is an accessory use to a permitted or conditional use and pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Garden supply or landscaping center
    8. Home improvement center
    9. Household maintenance and repair establishment
    10. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    11. Office as a principal use
    12. Recreation facility: commercial indoor or outdoor
    13. Vehicle sales and/or rental
    14. Veterinary clinic: large or small animal, with or without outdoor kennels or runs
  3. Industrial uses.
    1. Batch plant: concrete or asphalt
    2. Composting facility: community or indoor, pursuant to Section 5.3, C. Community Composting Facilities
    3. Grain elevator
    4. Landfill: construction debris
    5. Mined materials: processing and/or recycling
    6. Power generation plant
    7. Recycling facility, pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
    8. Salvage operation: indoor and/or outdoor
  4. Public, civic, and institutional uses.
    1. School, specialty or special instruction
  5. Utility and communication uses.
    1. Communication equipment: major pursuant to Section 5.4, B.: Communication Equipment: Minor
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Mining, consistent with Chapter NR 135 of the Wisconsin Administrative Code and all other applicable regulations
  7. Other uses.
    1. Accessory building, if the accessory building exceeds the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the HI Heavy Industrial District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building.
  2. Animals: keeping domestic animals, provided that the animals are accessory to a permitted residential use, and pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, and donkeys provided that the animals are accessory to a permitted residential use, and pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fences, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  11. Landscaping and/or gardening
  12. Office, accessory to a permitted or conditional use.
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Solar equipment
  18. Swimming pool for private recreation use, pursuant to Section 5.6, L.: Swimming Pool
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  21. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  22. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Two (2) acres
  2. Minimum parcel width. One hundred (100) feet
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback Requirements. Setback requirements shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Fifty (50) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements for Parcels in the Ashland Industrial Park. Those parcels zoned HI Heavy Industrial District in the Ashland Industrial Park shall comply with the provisions of Section 5.3, A.: Ashland Industrial Park and City of Ashland Ordinance 469.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.23-4.24 (Reserved)

(Reserved for potential additional industrial districts.)

4.25 W-SFR Waterfront Single-Family Residential District

Intent. The intent of the W-SFR Waterfront Single-Family Residential District is to recognize existing single-family dwellings within the waterfront area and to permit redevelopment and continued use of the dwellings in a manner that enhances their relationship with the waterfront.
Uses.
1. Permitted uses. The following are permitted uses in the W-SFR Waterfront Single-Family Residential District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-SFR Waterfront Single-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Dwelling: two-family or duplex
    5. Emergency residential facility, provided that not more than fifteen (15) persons are served
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    8. Tourist home, pursuant to Section 5.1, K.: Tourist Home.
  2. Public, civic, and institutional uses.
    1. Government or community service use
  3. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility system, pursuant to Section 5.4. D. Wind Energy Facility
  4. Temporary or seasonal uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  5. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-SFR Waterfront Single-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements.
  1. Minimum parcel area.
    1. A parcel that has a single-family detached dwelling as its principal use shall have a minimum area of seven thousand (7,000) square feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that has a principal use other than a single-family detached dwelling shall have a minimum area of fourteen thousand (14,000) square feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  2. Minimum parcel width.
    1. A parcel that has a single-family detached dwelling as its principal use shall have a minimum width of fifty (50) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that has a principal use other than a single-family detached dwelling shall have a minimum width of one hundred (100) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal building.
  1. Minimum principal building setback from the road right-of-way.
    1. A single-family detached dwelling shall be set back a minimum of twenty-five (25) feet from the road right-of-way, except as may be modified based on the average setback from the front parcel line calculation pursuant to Section 6.1, B.: Setbacks.
    2. A principal use, other than a single-family detached dwelling, shall be set back a minimum of thirty-five (35) feet from the road right-of-way.
  2. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  3. Minimum principal building setback from corner street side parcel line.
    1. A single-family detached dwelling shall be set back a minimum of twenty (20) feet from the corner street side parcel line, except as may be modified based on the average setback from the corner street side parcel line calculation pursuant to Section 6.1, B.: Setbacks.
    2. A principal building, other than a single-family detached dwelling, shall be set back a minimum of thirty (30) feet from the corner street side parcel line.
  4. Minimum principal setback from interior side parcel line.
    1. A single-family detached dwelling shall be setback a minimum of ten (10) feet from an interior side parcel line, except as modified pursuant to Section 6.1, B.: Setbacks.
    2. A principal building, other than a single-family detached dwelling, shall be set back a minimum of fifteen (15) feet from an interior side parcel line.
  5. Minimum principal building setback from rear parcel line. All principal buildings shall be set back a minimum of thirty-five (35) feet from the rear parcel line.
3. Setback requirements for accessory buildings. Accessory buildings shall be set back from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
4. Maximum building height.
  1. Principal building. No building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building associated with a government or community service, a religious institution, or a primary or secondary school may exceed thirty-five (35) feet in height provided the setback requirements from the side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed twenty-five (25) percent of the parcel area.
6. Maximum impervious coverage of the parcel: Forty (40) percent
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront Overlay District requirements. All uses shall meet the requirements specified in Section 4.46: W-O Waterfront Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.26 W-MRC Waterfront Mixed Residential/Commercial District

Intent. The W-MRC Waterfront Mixed Residential/Commercial District encompasses an area between US Highway 2 and Lake Superior that may have existing industrial, commercial, and residential uses that do not have a strong relationship to the waterfront, nor do they provide public views or access to the waterfront. The primary intent of the district is to encourage existing industrial uses in the district to relocate to appropriate industrial districts in the city. Also, where feasible, the intent of the district is to encourage redevelopment of existing commercial and residential uses in a manner that enhances the relationship of these uses to the waterfront and, to the maximum extent possible, provides public views and access to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage existing industrial uses in the district to relocate to appropriate industrial districts in the city;
2. Encourage the development and redevelopment of residential and/or commercial uses in a manner that promotes public views and access to the waterfront, where feasible;
3. Allow a mixture of residential uses, but encourage housing that includes public open space that promotes views and access to the waterfront;
4. Encourage development of commercial uses that cater to people using the waterfront and to the traveling public. Examples of such uses may include tourist-oriented retail, indoor and outdoor recreation facilities, lodging establishments, and restaurants. This district is not intended to accommodate large-scale regional commercial development;
5. Where feasible, encourage waterfront public/institutional uses in the district;
6. Encourage development in the district to occur through the planned unit development (PUD) process at a neighborhood or district scale to help ensure coordination between uses. Where feasible, encourage shared parking and pedestrian and vehicular access between uses. If the City of Ashland has adopted a plan for an area in the W-MRC District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Allowable uses that are part of an approved planned unit development (PUD). Allowable uses that are part of an approved planned unit development (PUD) in the W-MRC Waterfront Mixed Residential/Commercial District shall be established in accordance with the Planned Unit Development (PUD) District. The uses shall be consistent with the intent of this district and the goals, objectives, and policies of the City’s Comprehensive Plan as well as all other applicable plans approved by the City.
2. Permitted uses that are not part of an approved planned unit development (PUD).
  1. Uses in existence prior to the adoption of this ordinance. Any residential or commercial use (as determined by the Zoning Administrator or Designated Authorized Agent) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming permitted or conditional use at that time) shall be a permitted use.
  2. Residential.
    1. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than four (4) persons are served by the facility
    3. Dwelling: multi-family, three (3) to eight (8) units per building
    4. Dwelling: single-family attached, two (2) to six (6) units per building
    5. Dwelling: single-family detached
    6. Dwelling: two-family or duplex
    7. Dwelling combined with a permitted commercial use
    8. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  3. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this district may be considered and processed as per the conditional use permit provisions of this Ordinance.
3. Conditional uses. The following are conditional uses in the W-MRC Waterfront Mixed Residential/Commercial District and are subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or Rooming House
    3. Emergency residential facility, provided that not more than fifteen (15) persons are served
    4. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    5. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living
    6. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
  2. Commercial.
    1. Animal boarding
    2. Animal grooming or training facility
    3. Artist studio
    4. Assembly hall
    5. Bank or other financial institution
    6. Business service
    7. Car wash
    8. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    9. Dry cleaning and laundry drop off and pick up, excluding processing
    10. Food center
    11. Funeral home
    12. Garden supply or landscaping center
    13. Household maintenance and repair
    14. Individual/family social services
    15. Laundromat
    16. Local food store, pursuant to Section 5.2, D.: Local Food Store
    17. Lodging establishment: short and extended stay
    18. Manufactured home dealer
    19. Office as a principal use
    20. Personal care/drop-in center
    21. Personal service
    22. Recreation facility: commercial indoor/outdoor
    23. Restaurant: sit-down, fast food or carry-out
    24. Retail establishment: convenience or general
    25. Tavern
  3. Public, civic, and institutional.
    1. Boat landing
    2. Clinic
    3. Club or association
    4. Museum
    5. Nursing home
    6. Religious Institution
    7. School: primary, secondary, specialty, or personal instruction
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Outdoor wood-fired furnace associated with a single-family detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750 B., 17.: Outdoor Wood-fired Furnace
    4. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    5. Wind energy facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, landfilling, and/or excavation
    2. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  6. Other uses.
    1. Accessory building, if the accessory building exceeds the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Drive-through window associated with a permitted or conditional use
    3. Parking lot as a principal use
    4. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this district may be considered and processed as per the conditional use permit provisions of this Ordinance.
4. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-MRC Waterfront Mixed Residential Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
5. Prohibited uses. Industrial uses (as determined by the Zoning Administrator or the Common Council) shall be prohibited uses in the W-MRC Waterfront Mixed Residential/Commercial District. Any existing industrial use that was a conforming use prior to the date of this ordinance shall be considered a nonconforming use and shall comply with the nonconforming provisions of this Ordinance.
Dimensional Requirements.
1. Basic dimensional requirements for uses associated with a planned unit development (PUD). Basic dimensional requirements (including parcel area and width, principal building setback, allowable height, maximum building coverage, maximum impervious coverage, and other pertinent dimensional requirements) for uses associated with a planned unit development (PUD) shall be determined through the planned unit development (PUD) ordinance and shall be consistent with the Waterfront Overlay District requirements and the Gateway Overlay District requirements of this Ordinance, where applicable.
2. Basic dimensional requirements for uses that are not part of an approved planned unit development. Basic dimensional requirements (including parcel area and width, principal building setback, allowable height, maximum building coverage, maximum impervious coverage, and other pertinent dimensional requirements) for uses that are not part of an approved planned unit development (PUD) shall be identical to the dimensional requirements of the zoning district in this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a single-family detached dwelling shall meet the dimensional requirements for a single-family detached dwelling in the W-SFR Waterfront-Single Family Residential District. All uses shall be consistent with the Waterfront Overlay District and the Gateway Overlay District requirements of this Ordinance, where applicable.
3. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-MRC District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Design standards. All uses shall meet the applicable design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall be consistent with the provisions of the Waterfront Overlay District as specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.27 W-CRM Waterfront Conference/Residential Mix District

Intent. The W-CRM Waterfront Conference/Residential Mix District is intended to provide a unique area in the city where a mixture of conference, lodging, and compatible residential and commercial uses are coordinated in a planned setting to produce a vibrant and relatively self-contained area that caters to conferences, special events, and tourist activities. More specifically, the intent of the district is as follows:
1. Encourage the development and/or redevelopment of uses in the district that will have a synergistic relationship with the existing lodging establishment/conference facility in the district. Examples of such uses may include tourist-oriented retail, indoor and outdoor recreation facilities, additional lodging establishments, and restaurants. This district is not intended to accommodate large-scale regional commercial development;
2. Allow the continuation, enhancement, and expansion of existing detached single-family dwellings in the district, but also allow parcels with detached single-family dwellings to sensitively transition to higher density housing or commercial uses that relate to the mixed conference/residential intent of this district;
3. Encourage development in the district to occur through the planned unit development (PUD) process at the neighborhood or district scale to help ensure coordination between uses. Where feasible, encourage shared parking and pedestrian and vehicular access between uses;
4. Where feasible, encourage development of uses that relate to the waterfront and that provide strong visual and pedestrian connections to the waterfront.
Uses.
1. Permitted uses. The following uses are permitted in the W-CRM Waterfront Conference/Residential Mix District pursuant to all specific use standards.
  1. Residential.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than four (4) persons are served by the facility
    2. Dwelling: multi-family, three (3) to eight (8) units per building
    3. Dwelling: single-family attached, two (2) to six (6) units per building
    4. Dwelling: single-family detached
    5. Dwelling: two-family or duplex
    6. Dwelling combined with a permitted commercial use
    7. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Assembly hall
    2. Business service
    3. Conference center
    4. Local food store, pursuant to Section 5.2, D.: Local Food Store
    5. Lodging establishment: short stay or extended stay
    6. Personal service
    7. Retail: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet
    8. Restaurant: carry-out, fast food, or sit-down
  3. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with intent of the permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the W-CRM Waterfront Conference/Residential Mix District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Boarding or rooming house
    4. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    5. Dwelling combined with a conditional use
    6. Dwelling: multi-family, more than eight (8) units per building
    7. Emergency residential facility
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Artist studio
    2. Bank or financial institution
    3. Car wash associated with a filling station
    4. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    5. Dry cleaning and laundry drop off and pick up, but excluding processing
    6. Filling station with or without a convenience store
    7. Laundromat
    8. Office as a principal use
    9. Recreation facility: commercial indoor or outdoor
    10. Restaurant: drive-in
    11. Retail: convenience or general, exceeding two thousand five hundred (2,500) gross square feet
    12. Tavern
    13. Theater
  3. Public, civic, and institutional uses.
    1. Boat landing
    2. Campground, pursuant to City of Ashland Ordinance 463
    3. Club or association
    4. Museum
    5. School: specialty or personal instruction
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace associated with a single-family-detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-CRM Waterfront Conference/Residential Mix District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent requirements shall be identical to the dimensional requirements of the zoning district that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a commercial use shall relate to the dimensional requirements for a commercial use in the W-C Waterfront Commercial District.
2. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-CRM District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements.
1. Gateway Overlay District requirements. Parcels that have frontage on a US Highway 2 shall meet the Gateway Overlay requirements specified in Section 4.47: GTWY-O Gateway Overlay District.
2. Waterfront overlay district requirements. Development in the W-CRM District shall be consistent with the requirements of the waterfront overlay district specified in Section 4.46: W-O Waterfront Overlay District.
3. Design standards. All uses shall meet the pertinent design standards specified in Section 6.2: General Building Design Standards and Guidelines.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.28 W-C Waterfront Commercial District

Intent. The W-C Waterfront Commercial District encompasses an area between US Highway 2 and Lake Superior. Existing uses in the district consist primarily of regional (highway) commercial uses, but may also include existing residential and existing industrial uses. The intent of the district is to allow the existing commercial uses and structures to continue while encouraging all uses and structures to transition to commercial uses that have a strong relationship to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage the development and redevelopment of commercial properties in a manner that enhances their relationship with the waterfront. Encourage uses to provide public views and access to the waterfront, where feasible;
2. Encourage uses that cater to people using the waterfront and to the traveling public. This district is not intended to accommodate large-scale regional commercial development;
3. Encourage existing residential and industrial uses to relocate to other appropriate districts in Ashland;
4. Encourage development and redevelopment in the district to occur through the planned unit development (PUD) process that includes at least several parcels. Encourage connections between commercial uses that allow for shared parking and shared access from US Highway 2;
5. If the City of Ashland has adopted a plan for the W-C Waterfront Commercial District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan;
6. Where commercial development or redevelopment on a parcel in this district cannot occur in a manner that is reasonably consistent with the provisions of this Ordinance (due to the dimensional characteristics of the parcel or other reasons), it is the intent of this district to encourage said parcel to transition to a waterfront oriented public, civic, or institutional use (such as a public park) that will be consistent with the Comprehensive Plan and the provisions of this Ordinance.
Uses.
1. Permitted uses. Due to the dimensional constraints of the existing parcels in the district and the intent of the district to enhance the relationship of structures and uses to the waterfront, outright permitted uses in the W-C Waterfront Commercial District shall be limited to the following.
  1. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Public park
  2. Utility, communication, and public service uses.
    1. Essential services
  3. Open space uses.
    1. Open space: private or public
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent of the City has determined that the use is consistent with the intent of permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-C District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served by the facility
    3. Dwelling combined with a permitted or conditional commercial use
    4. Emergency residential facility
    5. Home occupation associated with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    6. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Conference center
    8. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    9. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    10. Dry cleaning and laundry, drop off and pick up, but excluding processing
    11. Filling station
    12. Funeral home
    13. Garden supply or landscaping center
    14. Household maintenance and repair establishment
    15. Laundromat
    16. Local food store, pursuant to Section 5.2, D.: Local Food Store
    17. Lodging establishment: short stay or extended stay
    18. Office
    19. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    20. Personal service
    21. Recreation facility: commercial indoor or outdoor
    22. Rent-to-own, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    23. Restaurant: carry-out, fast food, or sit-down
    24. Retail establishment: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet per building
    25. Tavern
    26. Theater
    27. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Museum
    4. School: specialty or personal instruction
    5. Religious institution
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Autho1ized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-C Waterfront Commercial District, pursuant to all applicable specific use standards.
  1. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  5. Fence, pursuant to Section 6.5: Fences
  6. Foster care: family home
  7. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  8. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  9. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  10. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  11. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  12. Signs, pursuant to Section 6.6: Signs
  13. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  14. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  15. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  16. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  17. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  18. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the W-C District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way. Thirty (30) feet.
  2. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  3. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  4. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  5. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building may exceed thirty-five (35) feet subject to the issuance of a conditional use permit.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on U.S. Highway 2 shall meet the Gateway Overlay District requirements specified in GTWY-O Gateway Overlay District.
4. Additional requirements. Additional requirements (including, but not limited to setbacks from a bluff) may apply to parcels and uses in this district. Refer to the pertinent provisions of this Ordinance for specific requirements.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.29 W-CC Waterfront City Center District

Intent. The W-CC Waterfront City Center District includes a mixture of existing residential, commercial, and industrial uses that are located near the heart of the city, between US Highway 2 and Lake Superior. The intent of the district is to allow the continuation of single-family residential uses in the district while also allowing the district to sensitively transition to commercial and public/institutional uses that have a strong relationship to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage existing industrial uses in the district to relocate to other appropriate districts in the city;
2. Allow the continuation, enhancement, and expansion of existing residential uses in the district, but also allow the sensitive conversion of parcels with existing single-family dwellings to transition to appropriate “city center” uses that have a strong relationship to the waterfront;
3. Ensure that development and redevelopment in the district occurs in a manner that reasonably protects the integrity of the surrounding existing single-family dwellings in the district; and
4. Encourage the transition to waterfront city center uses to occur through the planned unit development (PUD) process at a neighborhood scale or block scale. If the City of Ashland has adopted a plan for the W-CC Waterfront City Center District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Permitted uses. The following uses are permitted in the W-CC Waterfront City Center District, pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Residential use, provided that the use was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the adoption of this ordinance.
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Dwelling combined with permitted use
    4. Dwelling: single-family detached
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Artist studio
    2. Assembly hall
    3. Conference center
    4. Local food store, pursuant to Section 5.2, D.: Local Food Store
    5. Lodging establishment: short stay or extended stay
    6. Personal service
    7. Retail: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet
    8. Restaurant: carry-out, fast food, or sit-down
  3. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Museum
    4. Public park
  4. Utility, communication, and public service uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-CC District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served by the facility
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with a conditional use
    6. Dwelling: single-family attached, two (2) to six (6) units per building
    7. Dwelling: multi-family, three (3) or more units per building
    8. Dwelling: two-family or duplex
    9. Emergency residential facility
    10. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    11. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    12. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Bank or financial institution
    2. Business service
    3. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    4. Dry cleaning and laundry, drop off and pick up, but excluding processing
    5. Laundromat
    6. Office
    7. Recreation facility: commercial indoor or outdoor
    8. Retail establishment: convenience or general, exceeding two thousand five hundred (2,500) gross square feet
    9. Tavern
    10. Theater
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Nursing home
    4. School: primary, secondary, specialty, or personal instruction
    5. Religious institution
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a government or community service use, a religious institution, or a primary or secondary school, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavating (excluding mining) involving fifty (50) or more cubic yards of material, and as a separate activity not associated with a building permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-CC Waterfront City Center District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Signs, pursuant to Section 6.6: Signs
  13. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel area in the W-CC District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Three thousand five hundred (3,500) square feet.
  2. Minimum parcel area for properties located in the GTWY-O Gateway Overlay District. Twenty thousand (20,000) square feet, except that a smaller parcel area may be allowed with the approval of a conditional use permit.
  3. Minimum parcel width. Twenty-five (25) feet.
  4. Minimum parcel width for properties located in the GTWY-O Gateway Overlay District. One-hundred forty (140) feet, except that a smaller parcel width may be allowed with approval of a conditional use permit.
2. Setback requirements of a principal building from all parcel lines. Uses shall meet the setback requirements specified in the zoning district of this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent. For example, the requirements for a single family use shall relate to the setback requirements for the R-1 Single Family District. All parcels in the GTWY-O Gateway Overlay District shall be required to follow the setbacks established in the RC Regional Commercial District. Setbacks may be reduced with the approval of a conditional use permit.
3. Maximum parcel coverage. Uses shall meet the requirements for maximum parcel coverage specified in the zoning district of this ordinance that best resembles the use of said parcel, except that all non-residential development shall meet the following:
  1. Maximum building coverage of the parcel. Fifty percent (50%).
  2. Maximum impervious coverage. Seventy percent (70%), except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
4. Maximum height of principal building. Forty-five (45) feet, as measured pursuant to Section 6.1, C.: Building Height except that the City may allow a principal building to exceed a height of forty-five (45) feet subject to the approval of a conditional use permit.
5. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings in the district shall be as specified in Section 5.6, A.: Accessory Building.
6. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-CC Waterfront City Center District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.30 W-I Waterfront Industrial District

Intent. The intent of the W-I Waterfront Industrial District is to recognize areas of existing industrial uses adjacent to Lake Superior that the City has determined are essential or otherwise acceptable industrial uses in the area. These existing industrial uses may continue subject to the provisions of this section. Should an existing industrial use in the district cease, it is the intent of this district to encourage the use to transition to a “waterfront oriented” public, civic, and institutional use pursuant to this section. Additions to the W-I Waterfront Industrial District are not anticipated. New industrial uses shall be directed to a LI Light Industrial District or HI Heavy Industrial District outside of the waterfront area.
Uses.
1. Permitted uses. The following uses are permitted in the W-I Waterfront Industrial District pursuant to all applicable specific use standards and the special requirements of this district.
  1. Public, civic, and institutional uses.
    1. Public park
  2. Utility and communication uses.
    1. Essential services
  3. Open space uses.
    1. Open space: private or public
  4. Temporary, seasonal use, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in the district.
2. Conditional uses. The following are conditional uses in the W-I Waterfront Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards and the special requirements of this district.
  1. Industrial uses.
    1. Light manufacturing use provided that the use was in existence prior to the date of adoption of this ordinance and provided that the use did not cease to exist for a period of twelve (12) or more consecutive months since the date of adoption of this ordinance.
    2. Power generation plant provided that the use was in existence prior to the date of adoption of this ordinance and provided that the use did not cease to exist for a period of twelve (12) or more consecutive months since the date of adoption of this ordinance.
  2. Public, civic, and institutional uses.
    1. Campground, pursuant to City of Ashland Ordinance 463
    2. College
    3. Festival grounds
    4. Government and community services
    5. Marina
    6. Nursing home
    7. School: primary, secondary, or specialty
    8. Religious institution
    9. Water oriented research facility
  3. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-I Waterfront Industrial District, pursuant to all applicable specific use standards and the special requirements of this district.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool for private recreation use, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent of the City.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  4. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  5. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height, except that height of a principal building can be increased with the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on U.S. Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.31 W-PI Waterfront Public/Institutional District

Intent. The intent of the W-PI Waterfront Public/Institutional District is to facilitate the development of public and institutional uses that have a strong relationship with the waterfront.
Uses.
1. Permitted uses. The following uses are permitted in the W-PI Waterfront Public District.
  1. Public, civic, and institutional uses.
    1. Arboretum
    2. Festival grounds
    3. Government or community service use
    4. Marina
    5. Museum
    6. Public park with or without a campground, pursuant to City of Ashland Ordinance 463
    7. Water oriented research facilities
  2. Utility and communication uses.
    1. Essential services
  3. Open spaces.
    1. Open spaces: public or private
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following uses are conditional uses in the W-PI Waterfront Public District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards and the special requirements of this district.
  1. Commercial uses.
    1. Terminal: passenger ship, including, but not limited to a cruise or sightseeing boat
    2. Water-oriented commercial use that is incidental or accessory to a public, civic, or institutional uses. An individual water-oriented commercial use shall not exceed a gross area of two thousand five hundred (2,500) square feet.
  2. Industrial uses.
    1. Terminal: ship, in accordance with applicable state or federal agreements for use of said ship terminal and provided that the use was in existence and a conforming use prior to adoption of this ordinance
  3. Public, civic, and institutional uses.
    1. Boat landing
    2. College
    3. School: primary, secondary or specialty
    4. Zoo
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Temporary construction building
  6. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-PI District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court for recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the W-PI District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  4. Minimum principal building setback from interior side parcel line. Ten (10) feet.
  5. Minimum principal building setback from rear parcel line. Twenty-five (25) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.32-4.34 (Reserved)

(Reserved for potential additional waterfront districts.)

4.35 PI Public Institutional District

Intent. The intent of the PI Public/Institutional District is to accommodate a variety public, semi-public, and institutional uses in Ashland. Although public and institutional uses are allowed as permitted or conditional uses in many other districts in the city, the PI Public/Institutional District is intended for the exclusive use of significant public or institutional uses (including, but not limited to colleges, schools, hospitals, and cemeteries). Public parks are intended to be included in the PP Public Parks District. Public/institutional uses adjacent to Lake Superior are intended to be included in the W-P/I Waterfront Public/Institutional District.
Uses.
1. Permitted uses. The following uses are permitted uses in the PI Public/Institutional District.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served
    2. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    3. Dormitory
    4. Emergency residential facility
    5. Fraternity or sorority
    6. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
  3. Public, civic, and institutional uses.
    1. Arboretum
    2. Cemetery
    3. Clinic and/or medical office
    4. College
    5. Festival grounds
    6. Government or community service use
    7. Hospital
    8. Museum
    9. Nursing home
    10. Public park
    11. Religious institution
    12. School: primary or secondary
    13. Water oriented research facility
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Land filling: temporary
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in the district.
2. Conditional uses. The following conditional uses are allowed in the PI Public/Institutional District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses
    1. Community-based Residential Facility
  2. Commercial uses
    1. Social services, pursuant to Section 5.2, F.: Social Services
  3. Industrial uses.
    1. Research and development facility
    2. Composting facility: indoor, pursuant to Section 5.3 C., Community Composting Facilities
  4. Public, civic, and institutional uses.
    1. School: specialty or special instruction
    2. Zoo
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Agriculture and forestry uses.
    1. Agriculture
    2. Agricultural services
    3. Agriculture research facility
    4. Forestry
  7. Temporary, seasonal, or land filling/excavation uses.
  8. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following uses are permitted as accessory to permitted or conditional uses in the PI Public/Institutional District, pursuant to all specific use standards.
  1. Animal: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  2. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6 D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Greenhouse: local
  8. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  9. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  10. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  11. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  12. Signs, pursuant to Section 6.6: Signs
  13. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  14. Sport court or play equipment, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  15. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  16. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  17. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the PI Public/Institutional District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre.
  2. Minimum parcel width. Two hundred (200) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirement for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Thirty (30) feet.
  4. Minimum principal building setback from rear parcel line. Forty (40) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building height between thirty-five (35) feet and sixty (60) feet may be permitted with the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.36 PP Public Parks District

Intent. The intent of the PP Public Parks District is to accommodate a variety of public parks and public open spaces in Ashland. Although public parks and public open spaces are permitted uses in many other districts in the city, the PP Public Parks District is intended for the exclusive use of public parks, significant public open spaces, and park related accessory uses. The W-P/I Waterfront Public/Institutional District may also accommodate public parks and public open space.
Uses.
1. Permitted uses. The following uses are permitted in the PP Public Parks District.
  1. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public festival grounds
    3. Public parks and recreation uses and related buildings and uses
  2. Utility and communication uses.
    1. Essential services
  3. Open space uses.
    1. Open space: public
  4. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent of the City has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following uses are conditional uses in the PP Public Parks District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling that serves as a caretaker’s residence for a public park
  2. Commercial uses.
    1. Commercial use incidental to a public park use; for example, a seasonal food stand
    2. Specialty school incidental to a public park use
  3. Public, civic, and institutional uses.
    1. Arboretum
    2. Boat landing
    3. Campground and/or recreational vehicle park, pursuant to City of Ashland Ordinance 463
    4. Museum
    5. Water oriented research facility
    6. Zoo
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the PP Public Parks District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court or play equipment for public recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5 B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. There shall be no parcel requirements in the PP Public Parks District.
2. Setback requirements for principal building. Setbacks requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Eight (8) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. Thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. There shall be no maximum building coverage in the PP Public Parks District.
6. Maximum impervious coverage. There shall be no maximum impervious coverage in the PP Public Parks District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.37 FD Future Development District

Intent. The intent of the FD Future Development District is to allow the use of land (not served with municipal utilities) in a manner that will not preclude future development at urban densities, pending the extension of municipal utilities or market conditions that justify development at urban densities. Land in this district shall be rezoned consistent with the Comprehensive Plan, pending the proper timing for the economical provision of municipal sewer and water, streets, parks, storm drainage, and other public utilities and services, so that orderly development can occur. Where feasible, conservation subdivisions (pursuant to Section 4.56: Conservation Subdivision Overlay District) are encouraged for residential uses in this district.
Uses.
1. Permitted uses. The following are permitted uses in the FD Future Development District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: single-family detached in a conservation subdivision pursuant to Section 4.56: Conservation Subdivision Overlay District
    4. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Agriculture, forestry, and open space uses.
    1. Agriculture
    2. Forestry
    3. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
    3. Seasonal market
  6. Other uses.
    1. Personal storage building as a principal use pursuant to Section 5.6, G.: Personal Storage Building as a Principal Use. Personal storage buildings as a principal use shall not be permitted in association with a conservation subdivision in the FD Future Development District.
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the FD Future Development District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuantto Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery
    5. Emergency residential shelter
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    8. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Animal boarding facility
    2. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    3. Recreation facility: commercial indoor or outdoor
    4. Veterinary clinic: small and large animal
    5. Warehouse: self-storage
  3. Industrial uses.
    1. Composting facility: indoor
    2. Salvage operation: indoor/outdoor
  4. Public, civic, and institutional uses.
    1. Arboretum
    2. Campground and/or recreational vehicle park, pursuant to City of Ashland Ordinance 463
    3. Cemetery
    4. Community composting facility or construction debris facility, provided that the facility is contiguous to, or directly across a public right-of-way from, the Ashland land fill.
    5. Festival grounds
    6. Government or community service use
    7. Religious institution
    8. School: primary or secondary
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Agriculture, forestry, and open spaces.
    1. Agricultural research facility
    2. Agricultural services
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Model home, pursuant to Section 5.5, A.: Model Home
    2. Mining, consistent with Chapter NR 135 of the Wisconsin Administrative Code and all other applicable regulations
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  8. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following are allowed accessory uses to permitted and conditional uses in the FD Future Development District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, or donkeys, pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fences, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Greenhouse: local
  11. Landscaping and/or gardening
  12. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, including solar equipment (but not including outdoor wood furnaces), pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court, play equipment, and similar private recreation uses, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements.
  1. Minimum parcel area.
    1. A parcel that has a use that is not associated with an approved conservation subdivision shall have a minimum parcel area of five (5) acres, except as may be modified pursuant to Subparagraph c. of this Section or Section 10.3: Nonconforming Parcels.
    2. A parcel that is associated with an approved conservation subdivision shall have a minimum parcel area pursuant to Section 4.56: Conservation Subdivision.
  2. Minimum parcel width.
    1. A parcel that is not associated with an approved conservation subdivision shall have a minimum parcel width of two hundred (200) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that is associated with an approved conservation subdivision shall have a minimum parcel width pursuant to Section 4.56: Conservation Subdivision.
  3. Exceptions to parcel requirements.
    1. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
    2. The minimum parcel area for a conventional subdivision in the FD District may be calculated based on the gross developable area of the parcel including road right-of-ways. Consequently, a forty (40) acre parcel could be subdivided into eight (8) parcels, even if part of the forty (40) acre parcel were conveyed for a public road, but provided that no parcel has less than four (4) net developable acres.
2. Setback requirements for principal building.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty-five (25) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
Design Standards for Agricultural Buildings and Other Accessory Buildings.
1. Applicability. All agricultural buildings and other accessory buildings over twelve hundred (1,200) square feet shall comply with the design standards and guidelines of this Subsection. All other accessory buildings shall comply with Section 5.6, A: Accessory Building.
2. Architectural features and colors. All buildings shall be complimentary to the principal structures and surrounding area in terms of architectural features and colors.
3. Maximum height. The maximum building height shall not exceed thirty-five (35) feet.
4. Setbacks. Setbacks from side and rear parcel lines shall be a minimum of thirty (30) feet.
5. Design review. Buildings located within the Gateway Overlay District or readily visible from U.S. Highway 2, State Highway 13, or State Highway 112 shall be subject to design review by the Zoning Administrator or Designated Authorized Agent. Such buildings shall have a decorative exterior with special features that may include decorative windows or rooflines, cupolas, or columns. Long, uninterrupted roof or wall planes greater than seventy-five (75) feet shall be prohibited. Not less than fifteen (15) percent of the building façade visible from the highway shall be decorative material such as, brick, stone, stucco, or decorative masonry units.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.38 AIR Airport District

Intent. The intent of the AIR Airport District is to accommodate the John F. Kennedy Memorial Airport. The district is also intended to accommodate commercial and industrial uses that have a synergistic and incidental relationship with the airport, such as a flight school, an air cargo facility, an aviation repair and service shop, and retail uses that serve air travelers and others at the airport.
Uses.
1. Permitted uses. The following are permitted uses in the AIR Airport District, pursuant to all applicable specific use standards and any requirements in an adopted AIR-O Airport Overlay District.
  1. Public, civic, and institutional uses.
    1. Airport terminal
    2. Airport hangar
    3. Other airport uses customarily provided in conjunction with an airport use
    4. Buildings and uses associated with public works or public services
  2. Utility and communication uses.
    1. Essential services
  3. Agriculture and open space uses.
    1. Agriculture, excluding structures, provided that the agriculture use does not attract wildlife that could constitute a hazard to air navigation or the safe operations of the airport.
    2. Open space, provided that the open space does not attract wildlife that could constitute a hazard to air navigation or the safe operations of the airport.
  4. Temporary, seasonal, or land filling/excavating uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Land filling: temporary
2. Conditional uses. The following conditional uses are allowed in the AIR Airport District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards as well as any requirements in an adopted AIR-O Airport Overlay District.
  1. Commercial uses and industrial uses.
    1. Commercial and industrial uses that have a synergistic and incidental relationship with the airport, such as a flight school, an air cargo facility, an aviation repair/service shop, a car rental facility, or a retail store that serves as travelers and others at the airport.
  2. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  3. Temporary, seasonal, or land filling/excavation uses.
  4. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the AIR Airport District, pursuant to all applicable specific use standards and any requirements in an adopted AIR-O Airport Overlay District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Navigational aids and weather observation equipment incidental to airport use
  7. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  8. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  9. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  10. Signs, pursuant to Section 6.6: Signs
  11. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  12. Sport court or play equipment, and similar private recreation uses, pursuant to Section 5.6 K.: Sport Court, Play Equipment, and Similar Uses
  13. Swimming pool, pursuant to Section 5.6 L.: Swimming Pool
  14. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  15. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Setback requirements. All new principal and accessory buildings or structures shall require a minimum twenty (20) foot setback from all parcel lines.
2. Height Limitations. No structure shall be constructed, altered, located, or permitted to remain after such construction, alteration, or location, and no trees shall be allowed to grow to a height in excess of the height limit indicated on the Height Limitations Zoning Map in City of Ashland Ordinance 453.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.39-4.45 (Reserved)

(Reserved for potential additional other zoning districts.)

4.46 W-O Waterfront Overlay District

Intent.
1. The area encompassed by the W-O Waterfront Overlay District is a valuable asset to the City of Ashland. The intent of the district is to impose land use controls (in addition to those in the applicable underlying zoning districts) to accomplish the following:
  1. Use property in the district in a manner that promotes economic development, affords a high quality of life, and protects and enhances the natural environment;
  2. Protect and enhance public investment in the waterfront area while stimulating private development where appropriate;
  3. Encourage high quality development that is attractive and that promotes a unique sense of place tied to the waterfront; and
  4. Enhance and encourage public access and enjoyment of the waterfront;
2. If the City of Ashland has adopted a plan for any area in the W-O Waterfront Overlay District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan. Such plans include, but are not limited to, the Waterfront Development Plan and various plans included in the Ashland Comprehensive Plan.
District Boundaries. The W-O Waterfront Overlay District overlays and is bound by the following underlying districts: W-SFR Waterfront Single-Family Residential, W-MRC Waterfront Mixed Residential/Commercial, W-CRM Waterfront Conference/Residential Mix, W-C Waterfront Commercial, W-CC Waterfront City Center, W-I Waterfront Industrial, and W-PI Waterfront Public/Institutional.
Administration.
1. General application. The design guidelines specified in this Section shall apply to all properties in Waterfront Overlay District.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Compliance with design guidelines. Given the pattern of existing development in this District and the size and configuration of the existing parcels, it may not be feasible for all new development or redevelopment in the District to be consistent with all of the design guidelines specified in this Section. Consequently, prior to action on a building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2 of this Ordinance) shall make a determination that the proposed development is consistent with the intent of the design guidelines of this Section when considered as a whole. However, the development proposal need not be in complete conformance with every design guideline specified herein in order to receive approval.
4. Supremacy of regulations. In some cases, parcels may be in more than one overlay district. If any conflict between the regulations applicable in another overlay district (or the underlying zoning district) and the design guidelines of the Waterfront Overlay District occurs, the more restrictive provisions shall take precedence.
Design Standards and Guidelines.
1. Intent. The following design standards and guidelines are intended to further the intent of Waterfront Overlay District by providing review guidance relating to specific design elements that affect the appearance and function of uses in the Waterfront Overlay District. The standards and guidelines are not intended to discourage development, but to encourage development that is functional, attractive, and meets the intent of this District. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
2. Principal building setback from the ordinary high water mark. All principal buildings with frontage on Lake Superior shall be set back a minimum of seventy-five (75) feet from the ordinary high water mark of Lake Superior and thirty (30) feet from the top of bluffs, unless issued a conditional use permit pursuant to Section 3.9: Conditional Use Permit. Requirements set forth in Part 8: Environmental Protection may also apply. Where principal buildings exist on the adjoining parcels on both sides of a proposed building site, the subject principal building setback may be altered to conform to the prevailing setback, but in no case shall a principal building be set closer than fifty (50) feet to the ordinary high water mark.
3. Accessory building setback from the ordinary high water mark. Accessory buildings shall not be placed between the principal building and the ordinary high water mark, on properties with frontage on Lake Superior. However, a water oriented accessory building (such as a boathouse or gazebo) may be placed within ten (10) feet of the ordinary high water mark, provided that the accessory building does not exceed four hundred (400) gross square feet and one (1) story in height.
4. Impervious surface setbacks. Impervious surfaces shall have a minimum setback of fifty (50) feet from the ordinary high water mark of Lake Superior and a minimum setback of thirty (30) feet from the top of bluffs. Trails, walks, and similar uses shall be exempt from this standard provided the use will not contribute to destructive erosion or allow unfiltered runoff into Lake Superior.
5. Undisturbed vegetative buffer adjacent to Lake Superior. Where feasible, a minimum undisturbed vegetative buffer of thirty five (35) feet shall be maintained from the ordinary high water mark of Lake Superior. Slopes over twenty (20) percent extending beyond the minimum vegetative buffer shall necessitate a wider buffer. Native waterfront vegetation should be established in the buffer area to stabilize the soils and to protect water quality. Selective removal of dying, diseased, invasive vegetation, and weeds is permitted; however, replacement with native waterfront vegetation is encouraged.
6. Building design. Building design shall be consistent with the design standards specified in In addition, the following guidelines shall apply to the maximum extent practical:
  1. Architectural style or theme. New buildings shall relate to City adopted or approved plans that specify an architectural style or theme for the waterfront. If an approved plan does not exist, but a particular neighborhood in the waterfront has a desirable existing architectural theme or style as determined by the applicable approval authority, then the new buildings in the neighborhood should be compatible with the existing theme.
  2. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, wood, and architectural concrete. Composite boards manufactured from wood or other products, such as hardboard or hardplank, may be used when the board product is less than six (6) inches wide. Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of three (3) to six (6) inches, or vinyl or aluminum siding that is in a clapboard or shiplap pattern where the boards in the pattern are six (6) inches or less in width. Unfinished concrete or masonry units, corrugated metal, plywood, and sheet pressboard are not allowed.
  3. Colors. Predominate exterior colors should be neutral or earth tone, but bright colors may provide a compatible accent.
  4. Screening. Service areas, refuse collection areas, storage areas, and loading areas shall be located away from or screened from public view, including views from Lake Superior.
7. Views.
  1. Views of Lake Superior. New structures and plantings shall not be located in a manner that restricts views of Lake Superior from north-south avenues and from public trails.
  2. Views of Lake Superior from Structure. Where views of Lake Superior are possible from within the structure, the structure design shall maximize views of Lake Superior for employees and customers, considering orientation and window coverage.
  3. Views from Lake Superior. Views of the proposed development from Lake Superior shall be considered. Landscape screening shall be provided to screen objectionable views (such as refuse collection areas and storage areas) from the perspective of those viewing the development from Lake Superior.
8. Parking, access, and circulation. Parking, access, and circulation shall be as specified in Section 6.3: Parking and Loading of this Ordinance. In addition, the following guidelines shall apply:
  1. Location of parking. Parking between the principal building and the public right-of-way or between the principal building and Lake Superior is discouraged unless no other practical alternatives exist or unless proper buffering and landscaping measures are used pursuant to Section 6.4: Landscaping, Buffers, and Screening .
  2. Connection to public trail or sidewalk. Pedestrian systems that provide public access to the waterfront should be provided where feasible. The quality of the pedestrian system should be enhanced by means of appropriate landscaping, lighting, graphics, and furnishings. Internal pedestrian systems should coordinate with adopted City plans for public trails, bikeways, walks, and other movement systems associated with the waterfront.
9. Landscaping and grading. Landscaping shall be consistent with the landscaping standards specified in Section 6.4: Landscaping, Buffers, and Screening and the grading standards specified in Section 6.1, H.: Grading, Filling, and/or Excavation. In addition, the following standards and guidelines shall apply:
  1. Landscaping and grading should provide continuity and harmony between development parcels;
  2. The use of native landscaping materials is strongly encouraged;
  3. The modification of existing grades should consider the scenic quality of the waterfront area and storm water management best management practices.
10. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, the following guidelines shall apply:
  1. Signs should enhance the Waterfront Overlay District’s visual appeal and its sense of place;
  2. Signs should not block views of Lake Superior;
  3. Other than small identification or directional signs, signs should not be placed so that they are visible from Lake Superior;
  4. Wall signs should be designed to fit within the architectural space intended for signage;
  5. Signs seen in relation to other signs should be compatible in location, shape, style, graphics, size, material, illumination, and color, while allowing individual expression and identification. When viewed as a whole, signs in the district should be seen as having been coordinated. A cluttered, haphazard appearance should be avoided.
11. Utilities. All utilities (including, but not limited to, telephone, electrical, and cable) shall be installed underground, where feasible. Utility components required to be above ground (including, but not limited to, transformers and meters) shall be screened by landscaping or decorative wall and/or be located away from public view.

4.47 GTWY-O Gateway Overlay District

Intent. This Section specifies general design standards and guidelines that are intended to help enhance and unify the appearance of development along the major roadways leading into and through Ashland. If the City of Ashland has adopted a plan for any area in the GTWY-O Gateway Overlay District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan. Such plans include, but are not limited to, the Ellis Avenue Redevelopment Plan and various plans included in the Ashland Comprehensive Plan.
District Boundaries. The Gateway Overlay Districts encompasses those parcels that have full or partial frontage on the following road segments.
1. U.S. Highway 2 (Lake Shore Drive) from the western to the eastern City limits.
2. Beaser Avenue from Binsfield Road to U.S. Highway 2 (Lake Shore Drive).
3. Ellis Avenue from Binsfield Road to U.S. Highway 2 (Lake Shore Drive).
4. Sanborn Avenue from Maple Lane to U.S. Highway 2 (Lake Shore Drive).
Administration.
1. General application. The design standards and guidelines specified in this Section shall apply to all properties with full or partial frontage on the gateway roads specified in this Section.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Compliance with the design standards and guidelines. Given the pattern of existing development in this District and the size and configuration of the existing parcels, it may not be feasible for all new development or redevelopment in the District to be consistent with all of the design standards and guidelines specified in this Section. Consequently, prior to action on a building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2 of this Ordinance) shall make a determination that the proposed development is consistent with the intent of the design standards and the intent of the design guidelines of this Section when considered as a whole.
4. Supremacy of regulations. In some cases, parcels may be in more than one overlay district. In case of any conflict between the regulations applicable in another applicable overlay district (or the underlying zoning district) and the design guidelines of the Gateway Overlay District, the more restrictive provisions shall take precedence.
Design Standards and Guidelines.
1. Intent and application. The following design standards and guidelines are intended to further the intent of Gateway Overlay District by providing standards and guidelines relating to specific design elements that affect the appearance and function of uses in the Gateway Overlay District. The standards and guidelines are not intended to discourage development, but to encourage development that is functional and attractive. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
2. Building setbacks. Buildings in the Gateway Overlay District shall meet the setbacks of the underlying district and relate to prevailing setbacks in the area. However, in no case shall a new building (nor an addition to an existing building) be less than fifteen (15) feet from the public right-of-way, regardless of the prevailing setback, except that parcels with frontage on one of the following road segments may be allowed to build up to the right-of-way line consistent with the pattern of existing development and provided such is consistent with the requirements of other applicable jurisdictions:
  1. Beaser Avenue from Main Street to Lake Shore Drive West (U.S. Highway 2); and
  2. Ellis Avenue from 6th Street to Lake Shore Drive (U.S. Highway 2);
3. Building design. Building design shall be consistent with the design standards specified in Section 6.2: General Building and Site Design Standards and Guidelines. In addition, the following guidelines shall apply:
  1. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, and architectural concrete. Unfinished concrete masonry units and corrugated metal or plastic siding shall be prohibited.
  2. Colors. Predominate exterior colors should generally be neutral or earth tone, but bright colors may provide a compatible accent.
  3. Walls. Walls over eighty (80) feet in length should be avoided to the extent practical. Where unavoidable, the visual impact of long walls shall be minimized with landscaping, screening, or architectural treatments of the wall (glazing, material changes, relief, etc.) that break up the monotony of the wall pursuant to Section 6.2: General Building and Site Design Standards and Guidelines.
  4. Screening. Service areas, refuse collection areas, storage areas, and loading areas shall be located away from or screened from public view.
4. Parking, access, and circulation. Parking, access, and circulation shall be as specified in Section 6.3: Parking and Loading of this Ordinance. In addition, the following guidelines shall apply:
  1. Location of parking. To the greatest extent possible, no parking shall be allowed in the front yard between the principal building and the public right-of-way. Parking should generally occur to the side or the rear of the principal building.
  2. Parking area standards. Parking areas in this District shall be asphalt or concrete.
  3. Combining of parking lots. The combining of existing, small, underutilized parking lots to create shared parking areas that are more efficient and more accessible is encouraged.
  4. Curb-cuts. The number and width of curb-cuts shall be minimized and where feasible shall occur on the side streets rather than the primary roadway. To promote pedestrian circulation, existing continuous curb cuts should be reduced to widths necessary for vehicular traffic.
  5. Connection to public trail or sidewalk. Where a public trail or sidewalk exists in the public right-of-way, the adjacent development should provide a connection to the trail or sidewalk.
5. Landscaping. Landscaping shall be consistent with the landscaping standards specified in Section 6.4: Landscaping, Buffers, and Screening. In addition, the following guidelines shall apply:
  1. Landscaped buffer. Where feasible, a minimum fifteen (15) foot wide landscaped buffer shall screen parking from the public right-of-way. Where a fifteen (15) foot landscaped buffer is not feasible, alternative screening features, such as a decorative fence, may be allowed to help provide an attractive delineation between the public right-of-way and the development.
  2. Complement streetscape. Landscaping should complement street trees and other streetscape elements in the public right-of-way.
  3. Vision triangle. Landscaping shall not interfere with the required vision triangle as specified in Section 6.1, H.: Vision Triangle of this Ordinance.
6. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, the following guidelines shall apply:
  1. Signs should enhance the Gateway Overlay District’s visual appeal and its ability to attract the traveling public.
  2. In general, wall signs should be designed to fit within the architectural space intended for signage.
  3. Signs seen in relation to other signs should be compatible in location, shape, style, graphics, size, material, illumination, and color, while allowing individual expression and identification.
  4. When viewed as a whole, signs in the district should be seen as having been coordinated. A cluttered, haphazard appearance should be avoided.
7. Utilities. All utilities (including, but not limited to, telephone, electrical, and cable) shall be installed underground, where feasible. Utility components required to be above ground (including, but not limited to, transformers and meters) shall be screened by landscaping or decorative wall and/or be located away from public view.

4.49 BCC-O Bay City Creek Overlay District

Intent. The intent of the BCC-O Bay City Creek Overlay District is to ensure that new development within the Bay City Creek Corridor helps protect and enhance quality land and water resources in the corridor. More specifically, the intent of the District is as follows:
1. Prevent the loss of high quality visual character in the corridor;
2. Prevent destructive soil erosion and stream siltation;
3. Prevent significant damage to hillsides, bluffs, and valleys caused by improper development; and
4. Prevent the destruction of mature and/or valuable trees and other vegetation and wildlife habitat in the corridor.
District Boundaries. The District boundaries shall extend three hundred (300) feet outward from both sides of the ordinary high water mark of Bay City Creek within the city limits of the City of Ashland.
Administration.
1. General application. The provisions of this Section shall apply to all new development in the Bay City Creek Overlay District, including new subdivisions, new construction, and clearing and grading of land.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Supremacy of regulations. In case of any conflict between the regulations applicable in the underlying zoning district and the regulations of the Bay City Creek Overlay District, the regulations of the Bay City Creek Overlay District shall take precedence.
Design Standards. The following design standards shall apply to all new development in the District:
1. Required undisturbed vegetative buffer. A minimum undisturbed vegetative buffer of fifty (50) feet shall be maintained on each side of Bay City Creek as measured from the ordinary high water mark. Slopes of twenty (20) percent or more extending beyond the minimum vegetative buffer shall necessitate a wider buffer. Riparian vegetation shall be established, as necessary, and maintained along the stream banks to stabilize the banks and protect water quality. Selective removal of dying, diseased, or invasive vegetation and weeds is permitted; however, replacement with native riparian vegetation is encouraged.
2. Impervious surface setbacks. All impervious surfaces shall have a minimum setback of fifty (50) feet from the ordinary high water mark of Bay City Creek and a minimum setback of thirty (30) feet from the top of bluffs. Trails, walks, footbridges, and similar uses shall be exempt from this provision provided they are not constructed in a manner that will cause destructive erosion.
3. Building setbacks. All buildings shall have a minimum setback of seventy-five (75) feet from the ordinary high water mark of Bay City Creek and a minimum setback of thirty (30) feet from the top of bluffs.
4. Grading. The grading of land for development purposes shall consider the scenic quality of the Bay City Creek Corridor. Fill operations shall not encroach into the required undisturbed vegetative buffer. Required grading shall be varied in contour to present a natural appearance. Continuity between the grades of adjacent parcels shall be maintained to greatest extent possible.
5. Additional standards in the PRI Planned Residential Institutional District. A planned unit development (PUD) in the PRI Planned Residential Institutional District may include additional design standards relating to the Bay City Creek Corridor.

4.50 F-O Floodplain Overlay

Intent. The City of Ashland finds that uncontrolled development and use of the floodplains and water bodies in the city would impair the public health, safety, convenience, general welfare, and tax base. Therefore, it is the intent of the F-O Floodplain Overlay to regulate development to accomplish the following:
1. Protect life, health, and property;
2. Minimize expenditures of public funds for flood control projects;
3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4. Minimize business interruptions and other economic disruptions;
5. Minimize damage to public facilities in the floodplain;
6. Minimize the occurrence of future flood blight areas in the floodplain;
7. Discourage the victimization of unwary land and homebuyers;
8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners;
9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use, or structure outside of the floodplain;
10. Provide for aesthetically pleasing open space adjacent to Lake Superior and other water bodies in the City of Ashland; and
11. Provide for the protection of natural resources.
General Provisions.
1. Areas to be regulated. This section regulates all areas within the limits of the City of Ashland that would be covered by the regional flood or base flood. Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as “A-Zones” on the Flood Insurance Rate Map.
2. Official floodplain maps. The boundaries of all floodplain districts are designated as floodplains or “A-Zones” on the Flood Insurance Rate Map (FIRM), community number 550005, panel number 0001, dated September 30, 1977 and panel number 0002, dated September 30, 1977, and the revisions in the City of Ashland Floodplain Appendix, if applicable.
3. Amendments to the official floodplain maps. Any changes to the base flood information in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) shall follow the amendment procedures described in Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
4. Establishment of districts. The Floodplain Overlay is divided into three (3) districts as follows:
  1. FW Floodway District. The FW Floodway District is the channel of a river or stream (or a portion of water body) and those portions of the floodplain adjoining the channel (or portion of a water body) required to carry the regional floodwaters.
  2. FF Flood fringe District. The FF Flood fringe District is that portion of the floodplain between the regional flood limits and the floodway.
  3. GFP General Floodplain District. The GFP General Floodplain District comprises those areas that have been or may be covered by floodwater during the regional flood.
5. Locating floodplain boundaries and resolving boundary discrepancies.
  1. Profile elevation. The Zoning Administrator or Designated Authorized Agent can rely on a boundary derived from a profile elevation to grant or deny a development permit, whether or not a map amendment is required. The Zoning Administrator or Designated Authorized Agent shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this Ordinance.
  2. Discrepancies. Discrepancies between boundaries on the official floodplain zoning map specified in this Section and actual field conditions shall be resolved as follows:
    1. If a flood profile exists, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevation shall govern if there are any discrepancies. Where the flood profiles are based on established base flood elevations from a Flood Insurance Rate Map, the Federal Emergency Management Agency (FEMA) must approve a map amendment, pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay;
    2. Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual onsite inspection, and any information provided by the Wisconsin Department of Natural Resources.
  3. Disputes. Disputes between the Zoning Administrator or Designated Authorized Agent and an owner of owner’s agent shall be resolved by the Zoning Board of Appeals pursuant to Section 3.12: Appeals, Variances, and Boundary Disputes relating to the Floodplain Overlay.
6. Removal of lands from the floodplain.
  1. Compliance with the provisions of this Ordinance shall not be grounds for removing land from the floodplain unless the following conditions are met:
    1. The subject area is filled at least two (2) feet above the regional or base flood elevation;
    2. The subject area filled is contiguous to land outside the floodplain; and
    3. The map is amended pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
  2. Removing land from the floodplain does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact the Federal Emergency Management Agency (FEMA) to request a Letter of Map Change (LOMC).
7. Compliance. Any development or use within the areas regulated by this Ordinance shall be in compliance with the terms of this Ordinance and other applicable, local, state, and federal regulations. Unless exempted by law, all government agencies are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.2022 of the Wisconsin Statutes applies.
8. Abrogation and greater restrictions.
  1. This Ordinance supersedes all provisions of any zoning ordinance enacted in the City of Ashland under Section 62.23 of the Wisconsin Statutes, which relates to floodplains. If another ordinance is more restrictive than this Ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. If this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
9. Interpretation. In their interpretation and application, the provisions of this Ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this Ordinance, required by Chapter NR 116 of the Wisconsin Administrative Code is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance.
10. Warning and disclaimer of liability. The flood protection standards of this Ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by human or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this Ordinance create liability on the part of, or a cause of action against, the City of Ashland or any officer or employee thereof for any flood damage that may result from reliance on this Ordinance.
Development Standards Applicable to All Floodplain Districts.
1. Hydraulic and hydrologic analyses.
  1. Except as allowed in this subparagraph, no floodplain development shall do any of the following:
    1. Obstruct flow, defined as development that blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
    2. Increase regional flood height due to floodplain storage area lost, which equals or exceeds one one-hundredths (0.01) foot.
  2. The Zoning Administrator or Designated Authorized Agent shall deny development permits if it is determined the proposed development will obstruct flow or increase regional flood heights one one-hundredths (0.01) foot or more, based on the officially adopted Flood Insurance Rate Map (FIRM) or other adopted map, unless the provisions of Subparagraph c. are met.
  3. Obstructions or increases equal to or greater than one one-hundredths (0.01) foot may only be permitted if amendments are made to this Ordinance, the official floodplain zoning map, floodway lines, and water surface profiles pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay. Any such amendments must be reviewed and approved by the Regional Office of the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
2. Watercourse alterations.
  1. No development permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator or Designated Authorized Agent has notified in writing all adjacent municipalities, the Regional Office of the Department of Natural Resources, and the Federal Emergency Management Agency (FEMA) and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
  2. As soon as practical, but not later than six (6) months, after the date of the watercourse alteration or relocation, the Zoning Administrator or Designated Authorized Agent shall notify the Federal Emergency Management Agency (FEMA) of the changes by submitting appropriate technical or scientific data in accordance with National Flood Insurance Program (NFIP) guidelines that shall be used to revise the Flood Insurance Rate Map (FIRM), risk premium rates, and floodplain management regulations as required.
3. Development of docks, piers, wharves, bridges, and similar structures. Development that requires a permit from the Wisconsin Department of Natural Resources under Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes, such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, base flood elevations established in the Flood Insurance Study, or other data from the officially adopted Flood Insurance Rate Map (FIRM), or other floodplain zoning maps or the provisions of this Section are made pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
4. Public or private campgrounds. Public or private campgrounds in the Floodplain Overlay shall have a low flood damage potential and shall meet the following provisions:
  1. The campground is approved by the Wisconsin Department of Health Services;
  2. A development permit for the campground is issued by the Zoning Administrator or Designated Authorized Agent;
  3. The character of the water body and the elevation of the campground are such that a seventy-two (72) hour warning of an impending flood can be given to all campground occupants;
  4. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this Section to all persons in the campground. The procedure shall include a written agreement between the campground owner, the local emergency government coordinator, and chief law enforcement official, which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used, and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
  5. This agreement shall be for no more than one (1) calendar year, at which time the agreement shall be reviewed and updated (by the officials specified in Subparagraph d. above) to remain in compliance with all applicable regulations, including those of the Wisconsin Department of Health Services and all other applicable regulations;
  6. Only camping units are allowed;
  7. The camping units may not occupy any site in the campground for more than one hundred eighty (180) consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of twenty-four (24) hours;
  8. All camping units that remain on site for more than thirty (30) days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed one hundred eighty (180) days and shall ensure compliance with all provisions of this Section;
  9. The City of Ashland shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this Section;
  10. All camping units that remain in place for more than one hundred eighty (180) consecutive days shall meet the applicable requirements Subsection D or Subsection E of this Section for the floodplain district in which the structure is located;
  11. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued;
  12. All service facilities, including, but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems, and wells shall be properly anchored and placed at or flood proofed to the flood protection elevation.
Development Standards Applicable to the FW Floodway District.
1. Applicability. This Subsection applies to all floodway areas on the official floodplain zoning maps or as may be amended pursuant to this Section.
2. Permitted uses. The following open space uses shall be allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited in the underlying zoning district, they meet the standards of this Subsection, and all permits or certificates have been issued pursuant to this Ordinance:
  1. Agricultural uses, including, but not limited to, farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting;
  2. Nonstructural industrial and commercial uses, such as loading areas, parking areas, and airport landing strips;
  3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas, and hiking and horseback riding trails, subject to the fill limitations of this Subsection;
  4. Uses or structures accessory to open space uses, or classified as historic structures that comply with this Subsection;
  5. Extraction of sand, gravel, or other materials that comply with this Subsection;
  6. Functionally water-dependent uses, such as docks, piers, wharves, dams, flowage areas, culverts, navigational aids, and river crossings of transmission lines and pipelines that comply with Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes;
  7. Public utilities, streets, and bridges that comply with this Subsection.
3. Standards for development in floodway areas.
  1. General.
    1. Any development in floodway areas shall comply with Subsection C, General Standards Applicable to All Floodplain Districts and have low flood damage potential.
    2. Applicants shall provide the following data to determine the effects of the proposal according to the hydraulic and hydrologic analyses specified in Subsection C:
      1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
      2. An analysis calculating the effects of this proposal on regional flood height.
    3. The Zoning Administrator or Designated Authorized Agent shall deny the development permit application if the project will increase flood elevations upstream or downstream one one-hundredths (0.01) foot or more, based on the data submitted in Clause (2) above.
  2. Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
    1. The structure is not designed for human habitation and does not have a high flood damage potential;
    2. The structure must be anchored to resist flotation, collapse, and lateral movement;
    3. Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and
    4. The structure must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
  3. Public utilities, streets, and bridges. Public utilities, streets, and bridges may be allowed by permit if the following conditions are met:
    1. Adequate flood proofing measures are provided to the flood protection elevation; and
    2. Construction meets the development standards specified in Subsection C.,1. of this Section.
  4. Fills or deposition of materials. Fills or deposition of materials may be allowed by permit if the following conditions are met:
    1. The requirements of Subsection C.,1. of this Section are met;
    2. No material is deposited in the navigable channel unless a permit issued by the Wisconsin Department of Natural Resources pursuant to Chapter 30 of the Wisconsin Statutes, and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 United States Code 1344 has been issued, if applicable, and the other requirements of this Section are met;
    3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling, or bulkheading; and
    4. The fill is not classified as a solid or hazardous material.
4. Prohibited uses. All uses not listed as permitted uses in the Floodway District are prohibited, including the following uses:
  1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
  2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish, or other aquatic life;
  3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
  4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Wisconsin Department of Natural Resources approved campgrounds that meet the applicable provisions of local ordinances and Chapter SPS 383 of the Wisconsin Administrative Code.
  5. Any public or private wells that are used to obtain potable water, except those for recreational areas that meet the requirements of the City of Ashland’s ordinances and Chapter NR 811 of the Wisconsin Administrative Code and Chapter NR 812, Wisconsin Administrative Code;
  6. Any solid or hazardous waste disposal sites;
  7. Any wastewater treatment ponds or facilities, except those permitted under Section NR 110.15,(3),(b) of the Wisconsin Administrative Code; or
  8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
Development Standards Applicable to the FF Flood fringe District.
1. Applicability. This Subsection applies to flood fringe areas shown on the official floodplain zoning maps or as may be amended pursuant to this Section.
2. Permitted uses. Any structure, land use, or development is allowed in the Flood fringe District if they are not prohibited in the underlying zoning district, they meet the standards of this Subsection, and all permits or certificates have been issued pursuant to this Ordinance.
3. Standards for development in flood fringe areas. In addition the following requirements, any development in floodway areas shall comply with Subsection C, General Standards Applicable to All Floodplain Districts and have low flood damage potential.
  1. Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the flood fringe area, shall meet or exceed the following standards:
    1. The elevation of the lowest floor, excluding the basement or crawlspace, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least fifteen (15) feet beyond the limits of the structure. The Wisconsin Department of Natural Resources may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;
    2. The basement or crawlspace floor may be placed at the regional flood level if it is floodproofed to the flood protection elevation. No basement or crawlspace floor is allowed below the regional flood elevation;
    3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Clause (4) below;
    4. In development where existing street or sewer line elevations make compliance with Clause (3) above impractical, the City of Ashland may permit new development and substantial improvements where access roads area at or below the regional flood elevation if one or more of the following conditions are met:
      1. The City of Ashland has written assurance from police, fire, and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Wisconsin Department of Natural Resources.
  2. Accessory structures or uses.
    1. Except as provided in Clause (2) below, an accessory structure that is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
    2. An accessory structure that is not connected to the principal structure and that is less than six hundred (600) square feet in size and valued at less than ten thousand dollars ($10,000) may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two (2) feet per second and it meets all the provisions of Subsection D.,3.,b.,Structures of this Section and Subsection E.,3.,e., Storage of Materials of this Section.
  3. Commercial uses. Any commercial structure that is erected, altered, or moved into the floodfringe area shall meet the requirements of this Subsection. Subject to the requirements of Subsection E.,3.,e., Storage of Materials of this Section, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  4. Manufacturing and industrial uses. Any manufacturing and industrial structure that is erected, altered, or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures specified in this Section. Subject to the requirements of Subsection E.,3.,e., Storage of Materials, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  5. Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with this Section. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
  6. Public utilities, streets, and bridges. All utilities, streets, and bridges shall be designed to be compatible with comprehensive floodplain development plans and as follows:
    1. When failure of public utilities, streets, and bridges would endanger public health or safety, or where such utilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with this Section to the flood protection elevation; and
    2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
  7. Sewage systems. All onsite sewage disposal systems shall be floodproofed, pursuant to this Section, to the flood protection elevation and shall meet the provisions of all local ordinances and Chapter SPS 383 of the Wisconsin Administrative Code.
  8. Wells. All wells shall be floodproofed, pursuant to this Section, to the flood protection elevation and shall meet the provisions of Chapter NR 811 of the Wisconsin Administrative Code and Chapter NR 812 of the Wisconsin Administrative Code.
  9. Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
  10. Deposition of materials. Any deposited material must meet all the provisions of this Ordinance.
  11. Manufactured homes.
    1. Owners or operators of all manufactured home communities and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
    2. In existing manufactured home communities, all new homes, replacement homes on existing pads, and substantially improved homes shall have the lowest floor elevated to the flood protection elevation and be anchored so they do not float, collapse, or move laterally during a flood.
    3. Outside of existing manufactured home communities, including new manufactured home communities and all single units outside existing manufactured home communities, all new, replacement, and substantially improved manufactured homes shall meet the residential development standards for the flood fringe as specified in this Section.
  12. Mobile recreational vehicles. All mobile recreational vehicles that are on site for one hundred eighty (180) consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements specified in this Section. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices, and has not permanently attached additions.
Development Standards Applicable to the GFP General Floodplain District.
1. Applicability. The provisions of the General Floodplain District shall apply to all floodplains for which flood profiles are not available or where flood profiles are available, but floodways have not been delineated. Floodway and flood fringe districts shall be delineated when adequate information is available.
2. Permitted uses.
  1. Pursuant to Subsection F.,4., Determining Floodway and Flood fringe Limits, it shall be determined whether the proposed use is located within a floodway or flood fringe area.
  2. Those uses permitted in the floodway and flood fringe areas as specified in this Section are allowed within the General Floodplain District, according to the standards of this Subsection and provided that all permits or certificates required under this Section have been issued.
3. Standards for development in the General Floodplain District. Subsection D., Development Standards Applicable to the FW Floodway District applies to floodways. Subsection E., Development Standards Applicable to the FF Flood fringe District applies to flood fringe areas. All other provisions of this Section apply to either district.
4. Determining floodway and flood fringe limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Require the applicant to submit two copies of an aerial photograph or a plan that shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations, and floodproofing measures;
  2. Require the applicant to furnish any of the following information deemed necessary by the Wisconsin Department of Natural Resources to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation, and to determine floodway boundaries:
    1. A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information;
    2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
    3. Profile showing the slope of the bottom of the channel or flow line of the stream; and
    4. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply, and sanitary facilities.
  3. Transmit one copy of the information described in 4.,a. and 4.,b. of this Subsection to the Regional Office of the Wisconsin Department of Natural Resources with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. If a development permit is required, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

4.51 WET-O Wetland Overlay District

Intent. Uncontrolled use of the shoreland and wetlands and pollution of the navigable waters of City of Ashland would adversely affect the public health, safety, convenience, and general welfare, and impair the tax base. Consequently, the intent of the WET-O Wetland Overlay District is to accomplish the following:
1. Promote the public health, safety, convenience, and general welfare;
2. Maintain the storm and flood water storage capacity of wetlands;
3. Prevent and control water pollution by preserving wetlands, which filter or store sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
4. Protect fish, their spawning grounds, other aquatic life, and wildlife by preserving wetlands and other aquatic habitat;
5. Prohibit certain uses detrimental to the shoreland and wetland areas; and
6. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland and wetland excavation, filling and other earth moving activities.
General Provisions.
1. Compliance. The use of wetlands and the alteration of wetlands within the City of Ashland shall be in full compliance with the provisions of this Ordinance and other applicable, local, state, or federal regulations. All permitted development shall require the issuance of a development permit or building permit unless otherwise expressly excluded by this Ordinance. Unless exempted by law, all government agencies are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.12,(4),(a) of the Wisconsin Statutes applies.
2. Abrogation and greater restrictions.
  1. This Ordinance supersedes all provisions of any ordinance adopted by the City of Ashland under Section 62.23 of the Wisconsin Statutes, which relates to floodplains and shoreland-wetlands, except that where another applicable ordinance is more restrictive than this Ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This Ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
3. Interpretation. In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this Ordinance is required by a standard in Chapter NR 117 of the Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance.
District Boundaries.
1. Wetland zoning maps. The following maps are hereby adopted and made part of this Ordinance and are on file in the Office of the Clerk of the City of Ashland:
  1. Wisconsin Wetland Inventory maps stamped “FINAL” on December 17, 1985;
  2. Floodplain zoning maps titled “Flood Insurance Rate Map” dated September 30, 1977;
  3. United States Geological Survey quadrangle maps current at the time of the adoption of this Ordinance; and
  4. Official City Zoning Map.
2. District boundaries. The Wetland Overlay District includes, at a minimum, all wetlands in the City of Ashland that are five (5) acres or more and that are shown on the Wisconsin Wetland Inventory Map stamped “Final”, which has been adopted and made a part of this Ordinance, and provided that the wetlands are consistent with the following conditions:
  1. Within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the city shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Ordinance; or
  2. Within three hundred (300) feet of the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Ordinance. The adopted Flood Insurance Rate Maps or other adopted community floodplain maps used to delineate the floodplain area shall be used to determine the extent of the floodplain areas.
3. Determinations of navigability and ordinary high water mark location. Determinations of navigability and ordinary high water mark locations shall be made by the Zoning Administrator or Designated Authorized Agent. When questions arise, the Zoning Administrator or Designated Authorized Agent shall contact the Regional Office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high water mark.
4. Discrepancies between the official maps and field conditions. When an apparent discrepancy exists between the Wetland Overlay District boundary shown on the adopted maps and actual field conditions at the time the maps were adopted, the Zoning Administrator or Designated Authorized Agent shall contact the appropriate District Office of the Wisconsin Department of Natural Resources to determine if the Wetland Overlay District boundary as mapped, is in error. If the Wisconsin Department of Natural Resources staff concur with the Zoning Administrator or Designated Authorized Agent that a particular area was incorrectly mapped as a wetland, the Zoning Administrator or Designated Authorized Agent shall have the authority to immediately grant or deny a development permit or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in this Section, the Zoning Administrator or Designated Authorized Agent shall be responsible for initiating a map amendment within a reasonable time.
5. Additional wetlands. From time to time the City of Ashland may amend this Ordinance to include additional wetlands in this District pursuant to the procedures specified in Section 3.7., Map and/or Text Amendment to the Wetland Overlay District.
Uses.
1. Permitted uses. The following uses are permitted subject to the provisions of Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes, and the provisions of all other applicable local, state, and federal laws:
  1. Activities and uses that do not require the issuance of a development permit or building permit, provided that no wetland alteration occurs:
    1. Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;
    2. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
    3. The practice of silviculture, including the planting, thinning, and harvesting of timber;
    4. The pasturing of livestock;
    5. The cultivation of agricultural crops; and
    6. The construction and maintenance of duck blinds.
  2. Uses that do not require the issuance of a development permit or building permit and that may involve wetland alterations only to the extent specifically provided below:
    1. The practice of silviculture, including limited temporary water level stabilization measures that are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
    2. The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
    3. The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
    4. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
    5. The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges built on pilings, including limited excavating and fill necessary for such construction or maintenance;
    6. The installation and maintenance of sealed tiles for the purpose of draining lands outside the Wetland Overlay District, provided that such installation or maintenance is done in a manner designed to minimize impacts upon the natural functions of the wetland specified in this Section; and
    7. The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
  3. Uses that are allowed upon the issuance of a development permit or building permit and that may include wetland alterations only to the extent specifically provided below:
    1. The construction and maintenance of roads that are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted under this Section, provided that the following conditions are met:
      1. The road cannot, as a practical matter, be located outside the wetland;
      2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland specified in this Section;
      3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
      4. Road construction activities are carried out in the immediate area of the roadbed only; and
      5. Any wetland alteration must be necessary for the construction or maintenance of the road.
    2. The construction and maintenance of nonresidential buildings provided that the following conditions are met:
      1. The building is used solely in conjunction with a use permitted in this Section or for the raising of waterfowl, minnows, or other wetland or aquatic animals;
      2. The building cannot, as a practical matter, be located outside the wetland;
      3. The building does not exceed five hundred (500) square feet in floor area; and
      4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
    3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural, and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves, and public boat launching ramps, provided that the following conditions are met:
      1. Any private development under this clause shall be used specifically for the permitted purpose;
      2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of park shelters, or similar structures is allowed;
      3. The construction and maintenance of roads necessary for the uses permitted under this Clause are allowed only where such construction and maintenance meets the criteria specified in Subsection D., 1., c.,(1) of this Section; and
      4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
    4. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines, sewage collection lines and related facilities, and the construction and maintenance of railroad lines provided that the following are conditions are met:
      1. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
      2. Only limited filling and excavating necessary for such construction or maintenance is allowed; and
      3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland as specified in Section 3.7: Map and/or Text Amendments to the Wetland Overlay District.
2. Prohibited uses.
  1. Any use not listed as a permitted use in this Section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this Ordinance pursuant to Section 3.7: Map and/or Text Amendments to the Wetland Overlay District.
  2. The use of a boathouse for human habitation, and the construction or placement of a boathouse or fixed boathouse below the ordinary high water mark of any navigable waters, is prohibited.

4.52-4.54 (Reserved)

(Reserved for potential additional overlay districts other than PUDs.)

4.55 PUD Planned Unit Development Overlay District

Intent. The Planned Unit Development (PUD) Overlay District is intended to encourage efficient use of land and provision of amenities by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the parcel restrictions of the standard or underlying zoning districts of this Ordinance.
Applicability.
1. Ownership. A tract of land proposed to be developed as a planned unit development (PUD) shall be under the control of a single owner, partnership, corporation, or association where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district and to record such covenants, easement, and other provisions with Ashland County.
2. Minimum area. A planned unit development shall have a minimum of ten (10) acres unless specified otherwise in this Ordinance. However, the Zoning Administrator, Plan Commission or Designated Authorized Agent may waive the minimum area requirement if the Zoning Administrator, Plan Commission or Designated Authorized Agent finds that it is in the best interest of the community to allow a planned unit development with an area of less than ten (10) acres.
3. Condominium projects. Condominium projects with jointly owned common spaces and/or commonly owned structural walls, roofs, or other structural elements must be approved as Planned Unit Development if, as a result of a condominium division of the land, the parcel requirements of the district in which the development is located cannot otherwise be met. This requirement would apply to townhouses where the resulting parcel size would be less than otherwise required.
4. Conservation subdivision development. Conservation subdivision developments pursuant to Section 4.56 Conservation Subdivision Overlay District shall be processed in accordance with the planned unit development provisions of this Section.
5. Traditional neighborhood design development. Traditional neighborhood design developments pursuant to Section 4.57: Traditional Neighborhood Design Overlay District shall be processed in accordance with planned unit development provisions of this Section.
Administration. Refer to Section 3.8: Creation of a Planned Unit Development (PUD) Overlay District for application and administration of the Planned Unit Development (PUD) Overlay District.

4.56 Conservation Subdivision Overlay District

Intent. The intent of this Section is to allow the optional development and redevelopment of land in the City of Ashland consistent with the principles of conservation subdivision developments and in accordance with planned unit development (PUD) procedures. For the purpose of this Ordinance, a conservation subdivision development is intended to allow for a more compact layout of rural residential uses than is typically allowed in conventional rural residential development in return for the conservation of a large contiguous area of common open space that helps conserve rural character or significant natural or cultural resources. More specifically, the intent of the Conservation Subdivision Overlay District is as follows:
1. Guide the future growth and development of the community consistent with the City of Ashland’s adopted Comprehensive Plan;
2. Guide the detailed analysis of land so as to locate and coordinate appropriate areas for development and conservation;
3. Preserve rural character through the permanent preservation of meaningful open space and sensitive natural resources;
4. Preserve scenic views by minimizing views of new development from existing roads;
5. Preserve agricultural land by concentrating housing on lands that have low agricultural potential;
6. Provide commonly owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;
7. Provide for a diversity of parcel sizes, housing choices, and building densities to accommodate a variety of age and income groups;
8. Provide buffering between residential development and non-residential uses;
9. Protect and restore environmentally sensitive areas and biological diversity, minimize disturbance to significant existing vegetation, and maintain environmental corridors;
10. Preserve significant archaeological sites, historic buildings, and their settings; and
11. Meet demand for housing in a rural setting.
Applicability. A conservation subdivision development is allowed pursuant to the following conditions:
1. Allowable underlying zoning district. A conservation subdivision development shall only be allowed in the FD Future Development District;
2. Minimum area. A conservation subdivision development shall have a minimum area of twenty acres (20) acres or more;
3. Minimum of four residential parcels. The conservation subdivision development shall have at least four (4) residential parcels;
4. Planned unit development. A conservation subdivision development shall be designed and processed pursuant to the planned unit development procedures specified in Section 4.55 PUD Planned Unit Development Overlay District and Section 3.8: Creation of a Planned Unit Development (PUD) Overlay; and
5. Plat. The creation of a conservation subdivision shall require preliminary and final plat approval pursuant to Section 3.23: Preliminary Plat and Section 3.24: Final Plat.
Permitted Uses and Density.
1. Permitted uses. Single-family detached residential dwellings, agriculture, parks, open space, and similar and related uses are the only permitted uses in a conservation subdivision development. Commercial and industrial uses shall be prohibited.
2. Overall density and development yield. The overall density for the parent parcel is the same as would be allowed for a conventional development in the FD Future Development District, except the base development yield may be increased if the development complies with one or more of the following standards. Each standard provides a development yield bonus of five (5) percent in addition to the base development yield. The maximum bonus permitted is twenty (20) percent.
  1. Endowment. Creation of an endowment where the principal would generate sufficient annual interest to cover the conservation easement holder’s yearly costs relating to taxes, insurance, maintenance, enforcement, and similar items.
  2. Public access. Provision of access by the general public to trails, parks, or other recreational facilities, excluding golf courses.
  3. Affordable housing. Provision of affordable housing, to include a minimum of twenty-five (25) percent of all units that would be affordable to moderate income households, as defined by the United State Department of Housing and Urban Development.
  4. Historical buildings. Reuse of historical buildings and structures, including those sites inventoried by the State Historical Society of Wisconsin. The United States Secretary of the Interior’s Standards for Rehabilitation of Historic Properties shall apply.
Design Standards.
1. Design theme. Conservation subdivision developments shall develop a conservation theme or themes. This theme shall be identified at the time of the initial planned unit development (PUD) application. Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural habitat restoration, viewshed preservation, or archaeological and historic properties preservation. The Plan Commission shall have the ability to specify which areas shall be preserved.
2. Residential parcel requirements.
  1. Parcel size. The minimum parcel size with onsite septic shall be one (1) acre. The minimum parcel size with off-site or community septic shall be one-quarter (1/4) acre.
  2. Setback requirements for principal buildings. The setbacks of underlying FD Future Development District may be modified as follows for an approved conservation subdivision development:
    1. Minimum principal building setback from the front parcel line or corner street side parcel line: Twenty five (25) feet;
    2. Minimum principal building setback from interior side parcel line: Eight (8) feet;
    3. Minimum principal building setback from rear parcel line: Thirty-five (35) feet.
  3. Height requirements for principal buildings. Principal buildings shall not exceed two stories above grade or thirty-five (35) feet in height.
  4. Size, height, and setback requirements of accessory buildings. The size, height, and setback requirements shall be as specified in Section 5.6, A.: Accessory Building.
  5. Maximum impervious coverage. Parcels shall be configured to minimize the amount of impervious surfaces, but in no case shall the impervious coverage of parcel exceed thirty-five (35) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  6. Access. Most parcels shall take access from an interior local street. However existing farmsteads to be preserved may have a driveway as part of the historic landscape that does not access a local street.
  7. Streets. Parcels shall, to the maximum extent practical, be configured to minimize the amount of street length required for the development.
  8. Development envelopes. Development envelopes shall, to the maximum extent practical, be configured to minimize the loss of trees and other significant resources. Development envelopes shall not be located on ridges, hilltops, along peripheral public roads, or in other visually prominent areas.
  9. Agricultural uses. If agricultural uses are being maintained, parcels shall be configured in a manner that maximizes the usable area remaining for such agricultural uses with appropriate buffers between agricultural uses and residential structures.
  10. Common open space. All parcels within a neighborhood should abut common open space on at least one side. A local street may separate parcels from open space. Parcels should generally be oriented around a central green square and/or a physical amenity such as a meadow, a stand of trees, or some other natural or restored feature.
  11. Energy efficiency. Residential structures should be sited to maximize energy efficiency.
3. Residential cluster siting standards and guidelines.
  1. Residential clusters. All residential parcels and dwellings shall be grouped into clusters. Each cluster shall contain no less than four (4) dwelling units and no more than twenty (20) dwelling units.
  2. Location of residential clusters. Residential clusters shall be located to minimize negative impacts on the natural, scenic, and cultural resources of the site and conflicts between compatible uses.
  3. Encroachment on significant natural resources prohibited. Residential clusters shall avoid encroaching on rare plant communities, sites with high environmental or cultural qualities, or endangered species identified by the Department of Natural Resources.
  4. Connections to adjacent open space. Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.
  5. Siting criteria. Residential clusters shall be sited to achieve the following goals, to the extent practical:
    1. Minimize impacts to agricultural uses and avoid interference with normal agricultural practices;
    2. Minimize disturbance to woodlands, wetlands, grasslands, and specimen trees;
    3. Prevent downstream impacts due to runoff through adequate onsite storm water management practices pursuant to the provisions of this Ordinance;
    4. Protect scenic views of open land from adjacent roads. Visual impact shall be minimized through use of landscaping or other features; and
    5. Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.
  6. Landscape screening. Landscaping around the cluster may be necessary to reduce off-site views of residence.
4. Common open space design standards and guidelines.
  1. Ownership and use. The minimum common open space required shall be owned and maintained under one of the alternatives listed in this Section and as approved by the Common Council. The uses within the open space shall be accessible to residents of the development. These uses may also be available to the general public providing the proper approvals are received. The required common open space shall be undivided and restricted in perpetuity from future development as specified in this Section.
  2. Minimum area. Common open space shall be designated as part of the development. The minimum required common open space is sixty (60) percent of the gross acreage.
  3. Priorities. The areas to be preserved as common open space shall be identified on an individual basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site. In general, common open space priorities shall be as follows:
    1. First priority shall be given to intact natural communities, rare and endangered species, environmental corridors, natural and restored prairies, significant historic and archaeological properties, and steep slopes;
    2. Second priority shall be given to areas providing some plant and wildlife habitat and open spaces values;
    3. Third priority shall be given to areas providing little habitat, but providing viewshed, recreation, or a sense of open space.
  4. Allowable structures. The following areas or structures may be located within the common open space area and shall be counted toward the overall common open space percentage required:
    1. Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space;
    2. Privately held buildings or structures provided they are accessory to the use of the common open space;
    3. Shared septic systems and shared potable water systems.
  5. Street right-of-ways. Street right-of-ways shall not be counted toward the required minimum common open space.
  6. Water bodies. No more than fifty (50) percent of the required common open space may consist of water bodies, ponds, floodplains, or wetlands.
  7. Plant and animal habitat. That portion of the common open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas to the extent practical.
  8. Recreational use. Accessible common open space in upland areas shall be available for recreational uses such as trails, play areas, or community gardens, but shall be designed in a manner that avoids adversely impacting archaeological sites.
  9. Trails. A trail system connection common open space areas accessible to neighborhood residents, and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the conservation subdivision plan.
5. Sewage and water facilities.
  1. Drinking water. Unless municipal water service is readily available, water for a conservation subdivision shall be provided by individual onsite wells or by one or more community wells meeting the requirements of the State of Wisconsin and the City of Ashland. The use of shared or community wells is encouraged. Plans for shared or community wells shall include a wellhead protection plan with separation distances for the zones of influence and sources of pollution.
  2. Sanitary sewer. Unless municipal sanitary sewer is readily available, sewer for a conservation subdivision shall be provided with an onsite sewage system that complies with the requirements of the State of Wisconsin and the City of Ashland. The use of a common sewage treatment system and disposal unit located on the common open space is encouraged.

4.57 Traditional Neighborhood Design Overlay District

Intent. The intent of this Subsection is to allow the optional development and redevelopment of land in the City of Ashland consistent with the principles of traditional neighborhood design and in accordance with planned unit development (PUD) procedures. For the purpose of this Ordinance, a traditional neighborhood design is intended to have the following characteristics:
1. A more compact layout of buildings and uses than is typically allowed in conventional developments;
2. An emphasis on building and site design that relates well to the human scale;
3. A mixture of uses that may include residential, commercial, civic, light industries, green industries, and open spaces in close and harmonious relationship with one another in the neighborhood;
4. A mixture of housing styles, types, and sizes to accommodate a variety of household ages, sizes, and incomes;
5. A system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists, and provides for connections to existing and future developments;
6. Preservation of existing buildings with historical or architectural features that enhance the visual character of the community;
7. Incorporation of significant environmental features into the development; and
8. Consistency with the goals, objectives, policies, and plans of the adopted Comprehensive Plan of the City of Ashland.
Applicability. A traditional neighborhood design development may be allowed pursuant to the following:
1. Allowable underlying zoning districts. A traditional neighborhood design development shall only be allowed in the following underlying zoning districts:
  1. MRC Mixed Residential/Commercial District;
  2. PRI Planned Residential/Institutional District;
  3. CC City Center District;
  4. W-MRC Waterfront Mixed Residential/Commercial District;
  5. W-CRM Waterfront Conference/Residential Mix; or
  6. W-CC Waterfront City Center District.
2. Minimum area. A traditional neighborhood design development shall have an area of at least twenty (20) acres if located in the PRI Planned/Residential Institutional District or at least ten (10) acres if located in another allowable district. However, the Common Council can waive the minimum area requirement if the Council finds that the proposed development is consistent with the intent of this Section and that the development would be in the best interest of the community.
3. Planned unit development. A traditional neighborhood design development shall be designed and processed pursuant to the planned unit development procedures specified in Section 4.55: PUD Planned Unit Overlay District and Section 3.8: Creation of a Planned Unit Development (PUD) Overlay District.
4. Plat. The creation of a traditional neighborhood design development shall require preliminary and final plat approval pursuant to Section 3.23: Preliminary Plat and Section 3.24: Final Plat.
Uses. Traditional neighborhood design developments shall have a mixture of uses consistent with the permitted uses and conditional uses in the underlying zoning district. In cases where a traditional neighborhood design involves infill or redevelopment, existing adjacent uses may help satisfy the desired mixture of uses. The mixture of uses shall be consistent with the following criteria:
1. Residential. To the maximum extent practical, the development shall provide a mixture of housing to address the diverse needs of the community. Housing may include single-family detached dwellings, single-family attached dwellings, multi-family dwellings, accessory dwellings, community living arrangements, and assisted living facilities where appropriate in the underlying districts. The housing shall also be designed to address a diverse range of incomes.
2. Commercial. A variety of commercial uses that cater to the daily needs of the development shall be provided within the development. Such uses may include neighborhood convenience stores, coffee shops, personal service uses, and similar uses. Individual commercial uses shall not exceed two thousand five hundred (2,500) feet. Commercial uses shall be designed and placed to promoted pedestrian access.
3. Industry. Light industries and/or green industries may be appropriate in certain underlying districts. Industry shall be compatible with the residential and commercial uses in the development.
4. Public, civic, and institutional uses. Where feasible, public, civic, and institutional uses shall be integrated into the development. Such uses may include schools, religious institutions, community centers, and similar uses.
5. Open space. At least ten (10) percent of the development shall consist of common open space accessible to the public. The type of open space will depend on the underlying zoning district in which the development is located.
6. Ratio of residential to non-residential uses. The total area of non-residential uses shall not exceed twenty-five (25) percent of the total area of the traditional neighborhood design development.
Design Standards and Guidelines. A traditional neighborhood design development shall be designed with coordinated and harmonious building and site design integrated throughout the entire development. In addition to the design standards specified in Section 6.2: General Building Design Standards and Guidelines, design standards for traditional neighborhood design developments are as follows:
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other dimensional requirements shall be similar to the dimensional requirements of the underlying zoning district. However, the dimensional requirements can be adjusted pursuant to the planned unit development (PUD) procedures of this Ordinance.
2. Distinct character. A variety of architectural features and building materials shall be provided to give each building or group of buildings a distinct character that relates to the overall theme of the development.
3. Building height. Buildings shall not exceed the height requirements of the underlying zoning district. Buildings shall generally be no more than thirty (30) percent taller or thirty (30) percent shorter than the average building height on the block.
4. Entries and facades. The maximum extent practical, entries and facades shall comply with the following guidelines:
  1. The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street;
  2. The front façade of the principal building on any parcel shall face onto a public street;
  3. The front façade shall not be oriented to face directly toward a parking lot;
  4. All building entrances shall be clearly identified through architectural features;
  5. For commercial buildings, a minimum of fifty (50) percent of the front façade on the street level shall be transparent, consisting of window and door openings that allow views into and out of the interior; and
  6. New structures on opposite sides of the same street shall follow similar design guidelines.
5. Exterior signage. A comprehensive sign program is required for the entire development that establishes a uniform theme. Signs shall have a common style based on size, shape, color, and material.
6. Landscaping and screening. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. Larger, well-placed contiguous plantings are preferred to smaller disconnected areas.
7. Energy efficiency. Structures should be sited to maximize energy efficiency.

2024-2003

2021-1947

Ashland City Zoning Code

PART 4

Zoning Districts

4.1 Zoning District Regulations

Intent. The intent of Part 4: Zoning Districts is to establish zoning districts within the City of Ashland that correspond with the Land Use Plan and the City’s vision, goals, objectives, and policies for sustainable growth and development as described in the City’s Comprehensive Plan.
Relationship of Zoning Districts to the Comprehensive Plan. The zoning district requirements and the delineation of zoning district boundaries on the Zoning Map shall be consistent with the goals, objectives, and policies of the City of Ashland Comprehensive Plan. The zoning district boundaries and rezoning requests shall also relate to the Land Use Plan Map and the Staged Growth plans of the Comprehensive Plan. The official Comprehensive Plan is on file in the office of the Zoning Administrator.
Establishment of Zoning Districts. The City of Ashland is divided into the following base (underlying) zoning districts as regulated in this Ordinance and as shown on the Zoning Map.
1. R-E Residential Estate District
2. R-1 Single-Family Residential District
3. R-2 Single and Two-Family Residential District
4. R-3 Medium Density Residential District
5. R-4 High Density Residential District
6. MHC Manufactured Home Community (Mobile Home Park) District
7. MRC Mixed Residential/Commercial District
8. PRI Planned Residential/Institutional District
9. NC Neighborhood Convenience District
10. RC Regional Commercial District
11. CC City Center District
12. MCI Mixed Commercial/Industrial District
13. LI Light Industrial District
14. HI Heavy Industrial District
15. W-SFR Waterfront Single-Family Residential District
16. W-MRC Waterfront Mixed Residential/Commercial District
17. W-CRM Waterfront Conference/Residential Mix District
18. W-C Waterfront Commercial District
19. W-CC Waterfront City Center District
20. W-I Waterfront Industrial District
21. W-PI Waterfront Public/Institutional District
22. PI Public/Institutional District
23. PP Public Parks District
24. FD Future Development District
25. AIR Airport District
  
  The City of Ashland is divided into the following overlay zoning districts as regulated by this Ordinance and as may be shown on the Zoning Map or illustrated or described within this Ordinance.
26. W-O Waterfront Overlay District
27. GTWY-O Gateway Overlay District
28. BCC-O Bay City Creek Overlay District
29. F-O Floodplain Overlay
30. WET-O Wetland Overlay
31. PUD Planned Unit Development Overlay District
32. Conservation Subdivision Overlay District
33. Traditional Neighborhood Design Overlay District
Zoning Map.
1. Location and boundaries of zoning districts. The location and boundaries of the zoning districts established by this Ordinance are set forth on the Zoning Map, which is hereby incorporated as part of this Ordinance, or are set forth in the pertinent sections of this Ordinance.
2. Official Zoning Map and copies. An official Zoning Map shall be created and kept on file in the office of the Zoning Administrator. Paper or electronic copies of the official Zoning Map may be created for ease of access. Copies shall not be considered the official Zoning Map and shall contain a disclaimer stating that the information may not be current and directing the user to the office of the Zoning Administrator for the official Zoning Map.
3. Map format. The Zoning Map may be in hard copy or electronic format or both.
4. Changes to district boundaries. Changes to zoning district boundaries must be approved by the Common Council pursuant to Section 3.3: Zoning Map Amendments (Rezoning). The Zoning Administrator or Designated Authorized Agent shall record any approved change on the official Zoning Map after approval by the Common Council.
5. Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any zoning district as shown on the Zoning Map, the following rules shall apply:
  1. Parcel lines. Boundaries indicated as approximately following parcel lines shall be construed as following such parcel lines.
  2. Street centerlines. Boundaries indicated as approximately following centerlines of streets or highways, street lines, or highway right-of-way lines shall be construed as following such lines.
  3. Centerlines extended. Boundaries indicated as approximately parallel to or extensions of the centerlines or right-of-way lines of streets, or the centerlines or right-of-way lines of highways, shall be construed as being parallel to or extensions of and at such distance there from as indicated on the Zoning Map. If no distance is given, the distance shall be determined using the Zoning Map scale.
  4. Water bodies. Boundaries shown following a water body shall be deemed to be located along the shores of the water body unless designated otherwise in this Ordinance.
  5. Railroad right-of-way. Boundaries shown following a railroad line shall be deemed to be located midway between the main tracks of the railroad line.
  6. Parcel divisions. Where a district boundary divides a single parcel:
    1. Except where required under 4.1, D., 5., f., (2), the Zoning Administrator or Designated Authorized Agent shall extend to the entire lot all provisions of the one (1) district on said parcel which is:
      1. Most similar to and compatible with the prevailing uses established on all lands within three-hundred (300) feet of said parcel, and
      2. Consistent with the adopted Comprehensive Plan.
    2. Where the Zoning Administrator or Designated Agent finds the above criteria not conducive to a determination of the prevailing zoning district, the Zoning Administrator or Designated Authorized Agent shall refer the matter to the Plan Commission for consultation.
    3. In no case shall a parcel split by zoning boundaries have more than one principal structure on the parcel.
    4. A principal use may not be established on any portion of a parcel if the minimum parcel size requirements of the applicable district cannot be met by the available area of the entire parcel.
  7. Vacations or discontinuances. If a street, alley, or other public way is vacated or discontinued by official action, then the zoning district adjoining such public way shall be extended automatically to include all land attached by reversion to the centerline of such public way. Such vacated or discontinued land shall be subject to all regulations of the extended district.
  8. Administrative interpretations. Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or where due to scale, lack of detail, or illegibility there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries, or in other circumstances not covered above, the Zoning Administrator or Designated Authorized Agent shall interpret the district boundaries.
Zoning for Newly Annexed Land. All land annexed to the City shall automatically be designated FD Future Development District unless otherwise directed by the Common Council as part of the annexation process. Such designation shall remain until definite boundaries and regulations for such land are adopted by the Common Council.
Land Use Table & Dimensional Requirements Table. Appendix C-1: Land Use Table presents a land use table that is intended to help aid the reader in comparing allowable land uses across the various base or (underlying) districts. This table is intended for general reference only. Appendix C-2: Dimensional Requirements Table presents a table that is intended to help aid in understanding dimensional requirements in each district. If a conflict exists between the information presented in the land use table and the information specified in the text of the districts described in this Part of this Ordinance, the text of the districts shall take precedence.

4.2 R-E Residential Estate District

Intent. The intent of the R-E Residential Estate District is to provide areas, as guided by the Comprehensive Plan, for single-family detached dwellings (and other compatible uses) on relatively large parcels. Uses in the R-E Residential Estate District may or may not be served by municipal water and/or sanitary sewer service.
Uses.
1. Permitted uses. The following are permitted uses in the R-E Residential Estate District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and ten thousand (10,000) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the R-E Residential Estate District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Dwelling: two-family or duplex
    7. Emergency residential facility, provided that not more than fifteen (15) persons are served
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Government or community service use
    3. Religious institution
    4. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross developable area of five (5) acres or more
    2. Forestry, provided that the subject parcel has a gross developable area of five (5) acres or more
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than ten thousand (10,000) square feet of land disturbance, and as a separate activity that is not associated with a building permit or other development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the R-E Residential Estate District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, or donkeys, pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fence, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Greenhouse: local
  11. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  12. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs, pursuant to Section 6.6: Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-E Residential Estate District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One half (1/2) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows.
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the minimum principal building setback from the interior side parcel line as specified in this section shall be increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The maximum building coverage shall be as follows:
  1. All residential uses. Twenty-five (25) percent.
  2. Other uses. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Thirty (30) percent impervious coverage.
  2. Other uses. Seventy (70) percent impervious coverage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.3 R-1 Single-Family Residential District

Intent. The intent of the R-1 Single-Family Residential District is to provide areas, as guided by the Comprehensive Plan, for low-density single-family residential uses and other uses compatible with single-family residential uses.
Uses.
1. Permitted uses. The following are permitted uses in the R-1 Single-Family Residential District, pursuant to all applicable specific use standards
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C: Community Living AJ.Tangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the R-1 Single-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Dwelling: two-family or duplex
    7. Emergency residential facility, provided that not more than fifteen (15) persons are served
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Government or community services
    3. Religious institution
    4. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the R-1 Single-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-1 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: single-family detached. Seven thousand (7,000) square feet.
    2. Other residential use. Ten thousand five hundred (10, 500) square feet.
    3. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: single-family detached. Fifty (50) feet.
    2. Other residential use. Seventy-five (75) feet.
    3. Other principal use. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential use. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Thirty (30) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum allowable impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty (40) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.4 R-2 Single And Two-Family Residential District

Intent. The intent of the R-2 Single and Two-Family Residential District is to provide areas, as guided by the Comprehensive Plan, for low-density residential uses allowing both single-family and two-family dwellings and to allow for other uses compatible with single and two-family residences.
Uses.
1. Permitted uses. The following are permitted uses in the R-2 Single and Two-Family Residential District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family attached, not to exceed two (2) dwelling units per building
    3. Dwelling: single-family detached
    4. Dwelling: two-family or duplex
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following are conditional uses in the R-2 Single and Two-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Emergency residential facility, provided that not more than fifteen (15) persons are served
    7. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    8. Long term housing, pursuant to Section 5.2, F.:, Social Services
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
    11. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Clinic and Medical Office
    3. Government or community services
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Accessory buildings, if the buildings exceed the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as the principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the R-2 Single and Two-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5 B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-2 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: single-family attached. Seven thousand (7,000) square feet per dwelling unit.
    2. Dwelling: single-family detached. Seven thousand (7,000) square feet.
    3. Dwelling: two-family or duplex. Ten thousand five hundred (10,500) square feet.
    4. Other residential use. Ten thousand five hundred (10,500) square feet.
    5. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: single-family attached. Fifty (50) feet per unit.
    2. Dwelling: single-family detached: Fifty (50) feet.
    3. Dwelling: two-family or duplex. Seventy-five (75) feet.
    4. Other residential use. Seventy-five (75) feet.
    5. Other principal use. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential uses. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Thirty-five (35) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty (40) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.5 R-3 Medium Density Residential District

Intent. The intent of the R-3 Medium Density Residential District is to provide areas for medium density residential uses in Ashland. The R-3 District is also intended to allow for other uses compatible with medium density residential uses. Areas of medium density residential development may also occur within other districts, including, but not limited to, the MRC Mixed Residential/Commercial, W-MRC Waterfront Mixed Residential/Commercial, PRI Planned Residential/Institutional, CC City Center, and W-CC Waterfront City Center Districts.
Uses.
1. Permitted uses. The following uses are permitted in the R-3 Medium Density Residential District.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility.
    2. Dwelling: multi-family, three (3) or four (4) dwelling units per building
    3. Dwelling: single-family attached not to exceed six (6) dwelling units per building
    4. Dwelling: two-family or duplex
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the R-3 Medium Density Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: single-family detached
    6. Emergency residential facility, provided that not more than fifteen (15) persons are served
    7. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    8. Long term housing, pursuant to Section 5.2, F.:, Social Services
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Short term housing, pursuant to Section 5.2, F.,: Social Services
    11. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Government or community services
    3. Nursing home
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the R-3 Medium Density Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R3 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: multi-family. Five thousand (5,000) square feet per dwelling unit.
    2. Dwelling: single-family attached. Five thousand (5,000) square feet per dwelling unit.
    3. Dwelling: two-family or duplex. Ten thousand five hundred (10,500) square feet.
    4. Other residential use. Ten thousand five hundred (10,500) square feet.
    5. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: multi-family. One hundred (100) feet.
    2. Dwelling: single-family attached. Thirty-five (35) feet per dwelling unit.
    3. Dwelling: two-family or duplex. Seventy-five (75) feet.
    4. Other residential use. Seventy-five (75) feet.
    5. Other principal use. One (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential uses. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Forty (40) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty-five (45) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.6 R-4 High Density Residential District

Intent. The intent of the R-4 High Density Residential District is to provide areas for high-density residential uses in Ashland. The R-4 District is also intended to allow for other uses compatible with high-density residential uses. Other areas of high density residential development may occur within other districts, including, but not limited to, the MRC Mixed Residential/Commercial, W-MRC Waterfront Mixed Residential/Commercial, PRI Planned Residential/Institutional, CC City Center, W-CC Waterfront City Center, and PI Public/Institutional Districts.
Uses.
1. Permitted uses. The following uses are permitted in the R-4 High Density Residential District, pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: multi-family, three (3) to eight (8) dwelling units per building
    3. Dwelling: single-family attached three (3) to six (6) dwelling units per building
    4. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in the R-4 High Density Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dormitory
    6. Dwelling: multi-family, if more than eight (8) dwelling units per building
    7. Emergency residential facility
    8. Fraternity or sorority house
    9. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    10. Long term housing pursuant to Section 5.2, F.: Social Services
    11. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    12. Short term housing pursuant to Section 5.2, F.: Social Services
    13. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution, a primary or secondary school, or the common facilities of a multi-family dwelling complex and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Government or community service
    3. Nursing home
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Accessory buildings, if the buildings exceed the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as the principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the R-4 High Density Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-4 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: multi-family. Two thousand five hundred (2,500) square feet per dwelling unit.
    2. Dwelling: single-family attached. Four thousand (4,000) square feet per dwelling unit.
    3. Other residential use. Ten thousand five hundred (10,500) square feet.
    4. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: multi-family. One hundred (100) feet.
    2. Dwelling: single-family attached. Thirty-five (35) feet per dwelling unit.
    3. Other residential use. Seventy-five (75) feet.
    4. Other principal use. One (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. Forty-five (45) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Forty (40) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Sixty (60) percent.
  2. Other use. Seventy (70) percent.
7. Minimum floor area per unit in multi-family uses.
  1. Efficiency unit. Five hundred (500) square feet.
  2. One bedroom unit. Six hundred (600) square feet.
  3. Two bedroom unit. Seven hundred fifty (750) square feet.
  4. Three or more bedroom units. Seven hundred fifty (750) plus one hundred fifty (150) square feet for each additional bedroom beyond two (2).
8. Minimum floor area per unit for multi-unit senior housing.
  1. Efficiency unit. Four hundred fifty (450) square feet.
  2. One bedroom unit. Five hundred fifty (550) square feet.
  3. Two bedroom unit. Seven hundred (700) square feet.
  4. Three or more bedroom units. Seven hundred (700) plus one hundred (100) square feet for each additional bedroom beyond two (2).

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.7 MHC Manufactured Home Community (Mobile Home Park) District

Intent. The intent of the MHC Manufactured Home Community (Mobile Home Park) District is to preserve and provide safe and attractive areas in Ashland for manufactured homes (mobile homes) in a manufactured home community (mobile home park) setting.
Uses.
1. Permitted uses. The following uses are permitted in the MHC Manufactured Home Community (Mobile Home Park) District, pursuant to all applicable specific use standards:
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached for use by the owner or caretaker of the associated manufactured home community
    3. Manufactured home, mobile home, and manufactured home community, pursuant to Section 5.1, G.: Mobile Homes and Mobile/Manufactured Home Communities
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Common facilities for use by residents and guests of a manufactured home community such as a laundromat, indoor and outdoor recreation facilities, and a storm shelter.
    2. Parking lot as a principal use, provided that it provides parking for the exclusive use of the residents of the mobile home community and their guests.
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the MHC Manufactured Home Community (Mobile Home Park) District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    3. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    4. Emergency residential, facility provided that not more than fifteen (15) persons are served
    5. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    6. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Day care center: commercial provided that is an accessory use to a religious institution, primary or secondary school, or the common facilities of the manufactured home community and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Government or community service use
    2. Religious institution
    3. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, provided that it is located on a parcel for which the principal use is a government or community service use, a religious institution, a primary or secondary school, or the common facilities of a manufactured home community, and pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the MHC Manufactured Home Community District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Required area for a manufactured home community. A manufactured home community shall have a minimum area of ten (10) acres.
2. Lot requirements for manufactured homes.
  1. Minimum lot width. Thirty-two (32) feet.
  2. Minimum lot length. Seventy-five (75) feet.
3. Required setbacks at the periphery of a manufactured home community. All principal and accessory buildings shall be set back a minimum of twenty-five (25) feet from parcel or lot lines at the periphery of a manufactured home community.
4. Required setbacks internal to the manufactured home community.
  1. Minimum principal and accessory building setback from all internal street right-of-ways. Ten (10) feet.
  2. Minimum distance between all principal buildings. Twenty (20) feet.
  3. Minimum distance between an accessory building and a principal building. Six (6) feet.
  4. Minimum accessory building setback from an interior parcel line. Three (3) feet.
5. Maximum allowable principal building height. No principal building shall exceed one (1) story, nor twenty-five (25) feet in height, as measured pursuant to Section 6.1, C.: Building Height.
6. Height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
7. Maximum building coverage of a manufactured home lot.
  1. Manufactured home. Thirty-five (35) percent.
  2. Manufactured home and accessory buildings combined. Fifty (50) percent.
Special Requirements
1. Manufactured home community created after January 1, 1996. A manufactured home community created after January 1, 1996 (or the addition of new lots to an existing manufactured home community) shall be approved through the planned unit development (PUD) process, pursuant to Section 4.55: PUD Planned Unit Development Overlay District.
2. Licensing, inspection, enforcement, and special design standards. Licensing, inspection, enforcement, and special design standards of a manufactured home community shall be pursuant to Section 5.1, G.: Mobile Homes and Mobile/Manufactured Home Communities.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.8 MRC Mixed Residential/Commercial District

Intent. The MRC Mixed Residential/Commercial District encompasses areas that have predominantly existing residential uses, but that may also have existing commercial and/or industrial uses, some of which may be incompatible with residential uses and/or the vision for the area as expressed in the City’s Comprehensive Plan. The intent of the district is as follows:
1. Encourage the preservation and enhancement of existing residential uses in the district;
2. Encourage a sensitive mixture and integration of new residential uses in the district, including single and two-family dwellings, single-family attached dwellings, and multi-family dwellings;
3. Allow the preservation and enhancement of existing commercial uses that are compatible with the predominantly residential character of the area and the vision for the area as expressed in the City’s Comprehensive Plan;
4. Encourage existing commercial and industrial uses that are incompatible with residential uses and/or the vision of the area, as expressed in the Comprehensive Plan, to relocate to other appropriate districts in the city;
5. Encourage redevelopment of sites that have existing incompatible uses by providing flexibility to redevelop those sites with mixed residential uses, compatible commercial uses, and potentially compatible light industrial uses;
6. Encourage redevelopment in the district to occur through the planned unit development (PUD) process at a neighborhood or block scale. If the City of Ashland has adopted a plan for an area in the MRC District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Permitted uses. The following are permitted uses in the MRC Mixed Residential/Commercial District.
  1. Residential uses.
    1. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    3. Dwelling: single-family attached, not to exceed two (2) dwelling units per building
    4. Dwelling: single-family detached
    5. Dwelling: two-family or duplex
    6. Any residential use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
    7. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuantto Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Any commercial use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
  3. Public, institutional, and civic uses.
    1. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary and seasonal uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the MRC Mixed Residential/Commercial District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with a conditional use
    6. Dwelling: single-family attached, three to six units per building
    7. Dwelling: multi-family, three (3) or more dwelling units
    8. Emergency residential facility, provided that not more than fifteen (15) persons are served
    9. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    10. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility and provided that the facility does not serve more than fifteen (15) persons at one time
    11. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
    12. Community-based Residential Facility
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry drop off and pick up, but excluding processing
    9. Filling station with or without a convenience store
    10. Funeral home
    11. Garden supply or landscaping center
    12. Household maintenance and repair establishment
    13. Laundromat
    14. Local food store, pursuant to Section 5.2, D.: Local Food Store
    15. Lodging establishment, short stay or extended stay
    16. Office
    17. Personal service
    18. Recreation facility: commercial indoor or outdoor
    19. Restaurant: carry-out, fast food, drive-in, or sit-down
    20. Retail establishment: convenience
    21. Retail establishment: general
    22. Social services
    23. Tavern
    24. Theater
    25. Tool and equipment rental facility
    26. Vehicle repair and service
    27. Veterinary clinic: small animal
  3. Industrial uses.
    1. Contractor’s yard, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    2. Freight terminal, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    3. Manufacturing: heavy, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    4. Manufacturing: light, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) or provided that the use is replacing a more intense existing use, and pursuant to the special requirements of this section
    5. Public works yard, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    6. Research and development use, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) or provided that the use is replacing a more intense existing use, and pursuant to the special requirements of this section.
  4. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Nursing home
    5. Religious institution
    6. School: primary or secondary, or specialty or personal instruction
  5. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Outdoor wood-fired furnace associated with a single-family detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    4. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    5. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the MRC Mixed Residential/Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be identical to the dimensional requirements of the zoning district in this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a single-family detached dwelling shall meet the dimensional requirements for a single-family detached dwelling in the R-1 Single Family Residential District; the dimensional requirements for a high density residential use shall meet the dimensional requirements for a high density residential use in the R-4 High Density Residential District; and the dimensional requirements for a commercial uses shall meet the dimensional requirements for a commercial use in the NC Neighborhood Convenience District.
2. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the MRC Mixed Residential/Commercial District abuts a less intense existing use (as determined by the Zoning Administrator or Designated Authorized Agent of the City), the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements for Commercial and Industrial Uses.
1. Standards for commercial and industrial uses.
  1. Standards for commercial uses in the district. The Common Council of the City of Ashland recognizes that a variety of commercial uses exist in the MRC District. Standards for continuation and/or expansion of commercial uses in the district are as follows:
    1. Existing commercial uses (listed as conditional uses in the district) shall be allowed to continue (and potentially expand) in a manner that is compatible with adjacent residential uses.
    2. Commercial uses shall not replace existing residential uses, except in unique situations, the Common Council may find that it is in the best interest of the overall community to allow this to occur, especially along arterial roads where the dominant existing land use relates to commercial uses.
    3. Commercial uses shall serve the local and neighborhood population; however, commercial uses adjacent to US Highway 2 may also serve the needs of the traveling public. Commercial uses over twenty thousand (20,000) square feet shall be directed to the RC Regional Commercial District.
    4. To the extent possible, commercial uses shall be integrated with each other to allow for shared parking and enhanced vehicular and pedestrian access.
    5. Commercial uses shall be limited to arterial and collector streets.
  2. Standards for industrial uses in the district. The Common Council of the City of Ashland recognizes that a variety of industrial uses exist in the MRC District, especially along arterial and collector streets. Standards for continuation and/or expansion of industrial uses in the district are as follows:
    1. Existing contractor yards, freight terminals, heavy manufacturing, public work yards, and similar industrial uses are encouraged to relocate to an appropriate industrial district in the city. However, these uses shall be allowed to continue on the parcels on which they exist. Expansion and/or renovation of the uses may be considered pursuant to the conditional use procedures of this Ordinance, with special consideration given to the impact of the uses on the neighborhood and the overarching vision of the City as expressed in the Comprehensive Plan.
    2. New industrial uses in the district are not anticipated. However, in unique situations the Common Council may find that it is in the best interest of the neighborhood and the overall community to allow the replacement of existing, more intense industrial uses with appropriate light manufacturing or research and development uses.
    3. Where feasible, appropriate industrial uses in the district shall be clustered and have appropriate screening to reduce possible adverse impacts on the neighborhood and to promote possible synergy between industrial uses.
    4. Industrial uses shall be limited to arterial or collector streets, or to areas where there is a distinct cluster of appropriate industrial uses.
2. Decision criteria and potential conditions of approval.
  1. Decision criteria. Required approvals associated with commercial and industrial uses in the MRC District shall meet the intent of this district and shall be consistent with all of the conditional use requirements specified in Section 3.9: Conditional Use Permit. Approval or denial of a conditional use permit shall place special emphasis on how the use addresses neighborhood compatibility and protection issues.
  2. Possible conditions of approval. The Common Council may attach appropriate conditions to any approvals associated with a conditional use in the district. Conditions may include, but are not limited to, the following:
    1. Limited hours of operation;
    2. Limited number, types, and hours of deliveries;
    3. Limited or no outdoor storage;
    4. Limited or no drive through window;
    5. Special building and site design standards that ensure compatibility with the neighborhood; and/or
    6. Increased screening and/or buffers.
3. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
4. Gateway Overlay District requirements. Parcels that have frontage on a U.S. or State Highway shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.9 PRI Planned Residential/Institutional District

Intent. The PRI Planned Residential/Institutional District encompasses areas near major institutions in Ashland, including Northland College, Wisconsin Indianhead Technical College, and Memorial Medical Center. Existing uses in the district may include agriculture, open space, and relatively scattered single-family detached dwellings and commercial uses. The intent of the district is as follows:
1. Promote development and/or redevelopment of the district based on traditional neighborhood design principles as described in Where applicable, development and/or redevelopment shall be consistent with the goals, objectives, and policies of the Binsfield Road/Ellis Avenue Neighborhood Plan described in the City’s Comprehensive Plan and/or other subsequent and related plans approved by the City;
2. Encourage development and redevelopment in the district to occur through the planned unit development (PUD) process at a neighborhood or block scale;
3. Promote a mix of residential uses that provide a variety of residential styles, types, and sizes to accommodate households of various ages, sizes, and incomes;
4. Encourage the development and/or redevelopment of public, civic, and institutional uses that will have a synergistic relationship with existing nearby institutions. Examples of such uses may include, but are not limited to, the following: government offices, research institutions, not-for-profit organizations, schools, parks, religious institutions, residential care facilities, clinics, and similar uses;
5. Allow for the development and/or redevelopment of “green” or light industrial uses that have a synergistic relationship with existing nearby institutions. These uses shall not create excessive pollution, congestion, noise, or other adverse conditions that are inconsistent with the mixed-use character of the district. Examples of acceptable uses may include, but are not limited to, the following: light industries that develop and produce sustainable building products, medical industries, research and development uses, and clean, high-tech industries. Where feasible, it is the intent of this district to encourage the clustering of light industries in the district to enhance the environmental, social, and economic performance of individual industries through collaboration with other industries and institutions in the district;
6. Encourage the limited development of neighborhood convenience uses that provide the district with convenient, pedestrian access to commercial uses that serve the frequent commercial needs of the local area. Direct large-scale commercial development to the RC Regional Commercial District;
7. Incorporate a transportation system that offers public transit opportunities and multiple routes for motorists, bicyclists, and pedestrians;
8. Protect and enhance significant natural features in the district, including, but not limited to, the Bay City Creek Corridor, wetlands, and woodlands.
Uses.
1. Uses that are not part of an approved planned unit development (PUD).
  1. Uses in existence prior to the adoption of this ordinance. Any use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
  2. New residential development in established residential neighborhoods. A single-family detached dwelling shall be a permitted use in established residential neighborhoods (as determined by the Zoning Administrator or Designated Authorized Agent), provided that the dwelling is served by public sanitary sewer and water. Single-family dwellings in established residential neighborhoods shall be consistent with the provisions of the R-1 Single-Family Residential District.
  3. Other uses. All uses that are not part of an approved planned unit development, were not in existence prior to the adoption of this ordinance, and are not a single-family detached dwelling served by public sanitary sewer and water, shall be consistent with the FD Future Development District provisions of this Ordinance, except that all permitted uses in the FD District shall be conditional uses in the PRI District. The Zoning Administrator or Designated Authorized Agent of the City shall have the option of waiving the requirement for conditional use permit approval for minor or accessory uses that do not have a major impact on the district, including fences, signs, minor renovations, and similar uses.
2. Uses that are part of an approved planned unit development (PUD). Uses that are part of a planned unit development (PUD) in the PRI District shall be established in the planned unit development (PUD) ordinance. The uses shall relate to the intent of this district and (where applicable) the goals, objectives, and policies, of the Binsfield Road/Ellis Avenue Neighborhood Plan described in the City’s Comprehensive Plan and/or other subsequent plans approved by the City.
Dimensional Requirements.
1. Basic dimensional requirements for permitted, conditional, and accessory uses that are not part of an approved planned unit development (PUD). Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be identical to the dimensional requirements of the FD Future Development District.
2. Basic dimensional requirements for permitted, conditional, and accessory uses that are part of an approved planned unit development (PUD). Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be established in an approved planned unit development (PUD) ordinance and shall be consistent with generally accepted traditional neighborhood design principles.
Special Requirements.
1. Planned unit development (PUD) area requirement. The minimum area for a planned unit development in the PRI District is twenty (20) acres. However, the Common Council can waive this requirement if it finds that the PUD encompasses a clearly defined area that will not preclude logical development of adjacent properties in a manner consistent with the intent of this section.
2. Planned unit development (PUD) procedures and approval. A planned unit development (PUD) in the PRI District shall follow the procedures and approval requirements specified in Section 4.55: PUD Planned Unit Development Overlay, except as modified in this section. Approval or denial of a planned unit development (PUD) application shall clearly state how the planned unit development (PUD) application meets or fails to meet the intent of the PRI District.

4.10-4.14 (Reserved)

(Reserved for potential additional residential districts.)

4.15 NC Neighborhood Convenience District

Intent. The intent of the NC Neighborhood Convenience District is to provide areas of neighborhood convenience retail sales and services that serve the local or neighborhood population, rather than the regional population. Uses in this district are intended to be compatible with the surrounding residential neighborhood. Neighborhood convenience uses may also occur within other pertinent districts in Ashland, including, but not limited to, the MRC Mixed Residential/Commercial, the PRI Planned Residential/Institutional Districts, and the W-MRC Waterfront Mixed Residential/Commercial District.
Uses.
1. Permitted uses. The following uses are permitted in the NC Neighborhood Convenience District pursuant to all specific use standards.
  1. Residential uses. Dwelling, provided that the dwelling is combined with a permitted or conditional use
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Bank or financial institution
    4. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    5. Business service
    6. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Dry cleaning and laundry, drop off and pick up, but excluding processing
    8. Household maintenance and repair establishment
    9. Laundromat
    10. Local food store, pursuant to Section 5.2, D.: Local Food Store
    11. Office
    12. Personal service
    13. Retail: convenience or general, not to exceed two thousand five hundred (2,500) square feet
    14. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Public park
    5. Religious institution
    6. School: primary, secondary, specialty, or personal instruction
  4. Utility and communication uses.
    1. Essential services
  5. Agriculture, forestry, and open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in a NC Neighborhood Convenience District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming house
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that fifteen (15) or fewer persons are served by the facility
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Emergency residential shelter, provided that not more than fifteen (15) persons are served
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Assembly hall
    2. Car wash
    3. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    4. Filling station with or without a retail convenience use
    5. Funeral home
    6. Garden supply or landscaping center
    7. Lodging establishment: short stay or extended stay
    8. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    9. Recreation facility: commercial indoor or outdoor
    10. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Restaurant: carry-out or fast food, drive-in, or sit-down
    12. Retail: convenience or general, exceeding two thousand five hundred (2,500) square feet
    13. Social Services, pursuant to Section 5.2 F.: Social Services
    14. Theater
    15. Tool and equipment rental facility
    16. Vehicle repair and/or service
  3. Public, civic, and institutional uses.
    1. Nursing home
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the NC Neighborhood Convenience District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the NC Neighborhood Convenience District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Ten (10) feet.
  2. Minimum principal building setback from corner street side parcel line. Ten (10) feet.
  3. Minimum principal building setback from interior side parcel line. Ten (10) feet.
  4. Minimum principal building setback from rear parcel line. Twenty-five (25) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the NC Neighborhood Convenience District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.16 RC Regional Commercial District

Intent. The intent of the RC Regional Commercial District is to provide areas for commercial uses along major streets and highways in the city for the convenience of travelers, tourists, and the residents of Ashland. The district is intended to provide for a full range of commercial uses to be located on sites with immediate access to arterial or collector streets. It is also the intent of the district to allow the continuation of existing residential uses in the district, while allowing the sensitive conversion of residential parcels to appropriate commercial uses that can benefit from the district’s proximity to arterial or collector streets. Commercial uses in the RC District are not intended to weaken the commercial vitality of the CC City Center District. It is also the intent of the RC Regional Commercial District to conditionally allow the continuation of existing industrial uses in the district, while encouraging the industrial uses to relocate to an appropriate industrial district in the city.
Uses.
1. Permitted uses. The following uses are permitted in the RC Regional Commercial District pursuant to all specific use standards.
  1. Residential uses.
    1. Residential uses in existence prior to the adoption of this ordinance.
    2. Multi-family dwelling with or without a permitted commercial use
    3. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry, drop off and pick up, but excluding processing
    9. Funeral home
    10. Garden supply or landscaping center
    11. Home improvement center
    12. Household maintenance and repair establishment
    13. Laundromat
    14. Lodging establishment: short stay
    15. Lodging establishment: extended stay
    16. Office
    17. Personal service
    18. Recreation facility: commercial indoor
    19. Recreation facility: commercial outdoor
    20. Restaurant: carry-out, fast food, or sit-down.
    21. Retail: convenience
    22. Retail: general
    23. Tavern
    24. Theater
    25. Tool and equipment rental facility
    26. Vehicle repair and/or service
    27. Vehicle sales and/or rental
    28. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Clubs and associations
    3. Government or community service use
    4. Museum
    5. Public park
    6. Religious institution
    7. School: primary or secondary, specialty or personal instruction
  4. Utility and communication uses.
    1. Communication service
    2. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
    3. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in a RC Regional Commercial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    3. Boarding or rooming house
    4. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that fifteen (15) or fewer persons are served
    5. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    6. Dwelling combined with a conditional use
    7. Emergency residential facility
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Adult retail establishment
    3. Agricultural services
    4. Animal boarding, animal training, or animal grooming, with an outdoor kennel and/or outdoor run
    5. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    6. Dry cleaning and/or laundry: onsite processing
    7. Filling station
    8. Freight terminal: local
    9. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    10. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    12. Social services, pursuant to Section 5.2, F.: Social Services
    13. Veterinary clinic: large animal
    14. Warehouse: self-storage
  3. Industrial uses.
    1. Any industrial use (as determined by the Zoning Administrator or Designated Authorized Agent of the City) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming use at that time) shall be a conditional use on the subject parcel provided that the use has not lapsed for more than twelve (12) consecutive months
  4. Public, civic, and institutional uses.
    1. Nursing home
  5. Agricultural uses.
    1. Agricultural services
  6. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  7. Temporary, seasonal, or land filling/excavation uses.
  8. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the RC Regional Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the RC Regional Commercial District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Twenty thousand (20,000) square feet.
  2. Minimum parcel width. One hundred fifty (150) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirement between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the RC Regional Commercial District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Gateway Overlay District requirements. Parcels that have frontage on a U.S. or State Highway shall meet the gateway overlay requirements specified in Section 4.47 GTWY-O Gateway Overlay District.
2. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.17 CC City Center District

Intent. The intent of the CC City Center District is to encourage and foster the further development and enhancement of the downtown (city center) area. The district requirements recognize the unique characteristics of the city center area as the heart of the city. The city center provides a mix of traditional downtown uses that are consistent with the vision for the area as expressed in the Comprehensive Plan, including retail, entertainment, offices, services, government facilities, and a mixture of residential uses. However, the district also includes a variety of industrial uses, some of which may not be compatible with the City’s vision for the district. Should an existing industrial use in this district cease to exist, it is the intent of this district to encourage the parcel to transition to a use consistent with the vision of the area as expressed in the Comprehensive Plan.
Uses.
1. Permitted uses. The following are permitted uses in the CC City Center District.
  1. Residential uses.
    1. Residential use, provided that the use was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of adoption of this ordinance.
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Dwelling combined with a permitted use
    4. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Conference center
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry, drop off and pick up, but excluding processing
    9. Funeral home
    10. Household maintenance and repair establishment
    11. Laundromat
    12. Local food store, pursuant to Section 5.2, D.: Local Food Store
    13. Office
    14. Personal service
    15. Recreation facility: commercial indoor
    16. Restaurant: carry-out, fast food, or sit-down
    17. Retail: convenience or general
    18. Tavern
    19. Theater
    20. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Museum
    5. Public park
    6. School: primary, secondary, or specialty or personal instruction
    7. Religious institution
  4. Utility and communication uses.
    1. Communication service
    2. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the CC City Center District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Conunwrity Living Arrangement and provided that a maximum of fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with conditional use
    6. Dwelling: multi-family, three (3) or more writs per building
    7. Dwelling: single-family attached, no more than six (6) units per building
    8. Dwelling: single-family detached
    9. Dwelling: two-family or duplex
    10. Emergency residential facility
    11. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    12. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    13. Tourist home, pursuant to Section 5.1, K.: Tourist Home, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Adult retail establishment
    2. Car wash
    3. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    4. Filling station
    5. Freight terminal: local
    6. Garden supply and landscaping center
    7. Home improvement center
    8. Lodging establishment: short stay or extended stay
    9. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    10. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Restaurant: drive-in
    12. Recreation facility: commercial outdoor
    13. Social services, pursuant to Section 5.2, F.: Social Services
    14. Tool and equipment rental facility
    15. Vehicle repair and/or service
    16. Vehicle sales and/or rental
    17. Warehouse: self-storage, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive
  3. Industrial uses.
    1. Any industrial use (as determined by the Zoning Administrator or Designated Authorized Agent of the City) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming use at that time) shall be a conditional use on the subject parcel provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance.
  4. Public, civic, and institutional uses.
    1. Nursing home
  5. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed n this Ordinance, but for which the Zoning Administrator or Designated Authoirzed Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the CC City Center District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building.
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the CC City Center District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Three thousand five hundred (3,500) square feet.
  2. Minimum parcel area for properties located in the GTWY-O Gateway Overlay District. Twenty thousand (20,000) square feet, except that a smaller parcel area may be allowed with the approval of a conditional use permit.
  3. Minimum parcel width. Twenty-five (25) feet.
  4. Minimum parcel width for properties located in the GTWY-O Gateway Overlay District. One-hundred forty (140) feet, except that a smaller parcel width may be allowed with approval of a conditional use permit.
2. Setback requirements of a principal building from all parcel lines. None, except that all parcels in the GTWY-O Gateway Overlay District shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District. Setbacks may be reduced with the approval of a conditional use permit.
3. Maximum parcel coverage. One hundred (100) percent, except that all parcels in the GTWY-O Gateway Overlay District shall meet the following:
  1. Maximum building coverage of the parcel. Fifty percent (50%).
  2. Maximum impervious coverage. Seventy percent (70%), except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
4. Maximum height of principal building. The maximum height of a principal building as measured pursuant to Section 6.1, C.: Building Height shall be forty-five (45) feet, except that parcels in the GTWY-O Gateway Overlay District shall be thirty-five (35) feet. A principal building may be allowed to exceed the height requirement with the approval of a conditional use permit.
5. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings in the district shall be as specified in Section 5.6, A.: Accessory Building.
6. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the CC City Center District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Standards for industrial uses in the district. The Common Council of the City of Ashland recognizes that a variety of industrial uses exist in the CC District. Standards for continuation and/or expansion of industrial uses in the district are as follows:
  1. Existing industrial uses shall be allowed to continue on the parcels on which they exist. Expansion or improvements to existing industrial uses may be considered pursuant to the conditional use procedures of this Ordinance, with special consideration given to the impact of the uses on the neighborhood and the overarching vision of the City as expressed in the Comprehensive Plan.
  2. New industrial uses in the district are not anticipated. However, in unique situations the Common Council may find that it is in the best interest of the neighborhood and the overall community to allow the replacement of existing, more intense industrial uses, with appropriate light manufacturing, research and development, or similar industrial uses, that have less of an adverse impact on the surrounding area.
2. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building and Site Design Standards and Guidelines.
3. Gateway Overlay District requirements. Parcels within the Gateway Overlay District shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.20 MCI Mixed Commercial/Industrial District

Intent. The MCI Mixed Commercial/Industrial District encompasses an area that has been historically industrial, but is currently composed of a mixture of commercial and industrial uses. The intent of this district is to allow continued use of commercial and industrial uses in the district in a manner that is compatible with surrounding residential uses.
Uses.
1. Permitted uses. The following uses are permitted in the MCI Mixed Commercial/Industrial District pursuant to all applicable specific use standards.
  1. Commercial uses.
    1. Artist studio
    2. Assembly hall
    3. Bank or financial institution
    4. Business service
    5. Car wash
    6. Dry cleaning and laundry drop off and pick up, but excluding processing
    7. Freight terminal: local
    8. Filling station with or without a convenience store
    9. Household maintenance and repair establishment
    10. Laundromat
    11. Office
    12. Personal service
    13. Recreation facility: commercial indoor or outdoor
    14. Restaurant: carry-out, fast food, drive-in, or sit down
    15. Retail establishment: convenience or general
    16. Theater
    17. Tool and equipment rental facility
    18. Vehicle repair and service
    19. Veterinary clinic: small animal
  2. Industrial uses.
    1. Contractor’s shop
    2. Dry cleaning and/or laundry: onsite commercial processing
    3. Manufacturing: light
    4. Public works yard
    5. Research and development
  3. Public, institutional, and civic uses.
    1. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the MCI Mixed Commercial/Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, with an outdoor kennel and/or outdoor run
    2. Social services, pursuant to Section 5.2, F.: Social Services
    3. Vehicle sales and/or rental
  2. Industrial uses.
    1. Composting facility: community or indoor pursuant to Section 5.3, C. Community Composting Facilities
    2. Contractor’s yard
    3. Freight terminal: commercial
    4. Power generation plant
    5. Recycling facility: community, pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
    6. Warehouse: general
    7. Wholesale and distribution center
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this District
3. Accessory uses. The following uses are allowed as an accessory use to a permitted or conditional use in the MCI Mixed Commercial/Industrial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  12. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  13. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One-half (1/2) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public park, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal buildings. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) feet may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of an accessory building shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirement between different uses. Wherever a more intense proposed use (or an expansion of a more intense existing use) in the MCI Mixed Commercial/Industrial District abuts a less intense existing use (as determined by the Zoning Administrator or Designated Authorized Agent), the more intense use shall provide a buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Gateway overlay district requirements. Parcels that have frontage on a U.S. or State Highway shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.21 LI Light Industrial District

Intent. The intent of the LI Light Industrial District is to provide an area for storage, warehousing, wholesaling, light manufacturing, and similar uses that do not create excessive pollution, congestion, noise, or other adverse conditions that are inconsistent with the surrounding area. Properties in the LI Light Industrial District can serve as a transitional land use between the more intensive heavy industrial sites and other residential and business uses. It is also the intent of this district to allow existing uses, including residential and agricultural uses, to continue in the district until they can logically and sensitively transition to an industrial use.
Uses.
1. Permitted uses. The following uses are permitted in the LI Light Industrial District pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling: single-family detached, provided that the dwelling was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance
  2. Commercial uses.
    1. Freight terminal: local
    2. Tool and equipment rental facility
    3. Vehicle repair and/or service
    4. Warehouse: self-storage
  3. Industrial uses.
    1. Contractor’s shop
    2. Dry cleaning and/or laundry: onsite commercial processing
    3. Manufacturing: light
    4. Public works yard
    5. Research and development
    6. Warehouse: general
    7. Wholesale and distribution center
  4. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  5. Utility and communication uses.
    1. Communication service
    2. Essential services
  6. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross area of five (5) acres or more
    2. Agricultural research facility
    3. Agricultural services
    4. Forestry, provided that the subject parcel has a gross area of five (5) acres or more
    5. Open space: private or public
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  8. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district
2. Conditional uses. The following conditional uses are allowed in the LI Light Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Bed and breakfast establishment associated with a permitted dwelling, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    2. Dwelling that serves as a caretaker’s residence for a permitted or conditional use
    3. Home occupation associated with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    4. Emergency residential facility
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Animal boarding, animal grooming, or animal training, with or without outdoor kennels and/or outdoor runs
    3. Artist studio
    4. Business service
    5. Car or truck wash
    6. Day care center: commercial, provided that it is an accessory use to a permitted or conditional use and pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Garden supply or landscaping center
    8. Home improvement center
    9. Household maintenance and repair establishment
    10. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    11. Office as a principal use
    12. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    13. Recreation facility: commercial indoor or outdoor
    14. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    15. Retail: convenience or general as a principal use
    16. Social services, pursuant to Section 5.2, F.: Social Services
    17. Vehicle sales and/or rental
    18. Veterinary clinic: large or small animal, with or without outdoor kennels or runs
  3. Industrial uses.
    1. Composting facility: community or indoor, pursuant to Section 5.3, C. Community Composting Facilities
    2. Contractor’s yard
    3. Freight terminal: commercial
    4. Power generation plant
    5. Recycling facility pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
  4. Public, civic, and institutional uses.
    1. School, specialty or special instruction
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
  7. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the LI Light Industrial District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, and donkeys, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fence, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  11. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  12. Office, provided that it is accessory to a permitted or conditional use.
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs, pursuant to Section 6.6: Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent
  23. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre
  2. Minimum parcel width. One hundred (100) feet
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) feet may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage..

4.22 HI Heavy Industrial District

Intent. The intent of the HI Heavy Industrial District is to provide areas in the City for intense industrial uses. The HI District is intended to be separated from residential development and it is intended to be limited to areas where adequate transportation and pertinent utilities and services exist. It is also the intent of this district to allow existing uses, including residential and agricultural uses, to continue in the district until they can logically and sensitively transition to an industrial use.
Uses.
1. Permitted uses. The following uses are permitted in the HI Heavy Industrial District pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling: single-family detached, provided that the dwelling was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance
  2. Commercial uses.
    1. Freight terminal: local
    2. Tool and equipment rental facility
    3. Vehicle repair and/or service
    4. Warehouse: self-storage
  3. Industrial uses.
    1. Contractor’s shop
    2. Contractor’s yard
    3. Dry cleaning and/or laundry: onsite commercial processing
    4. Freight terminal: commercial
    5. Manufacturing: light
    6. Manufacturing: heavy
    7. Public works yard
    8. Research and development
    9. Warehouse: general
    10. Warehouse: self-storage
    11. Wholesale and distribution center
  4. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  5. Utility and communication uses.
    1. Communication service
    2. Essential services
  6. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross area of five (5) acres or more
    2. Agricultural research facility
    3. Forestry, provided that the subject parcel has a gross area of five (5) acres or more
    4. Agricultural services
    5. Open space: private or public
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  8. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in the HI Heavy Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Bed and breakfast associated with a permitted dwelling, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    2. Dwelling that serves as a caretaker’s residence for a permitted or conditional use
    3. Home occupation permitted with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Animal boarding, animal grooming, or animal training, with or without outdoor kennels and/or outdoor runs
    3. Artist studio
    4. Business service
    5. Car or truck wash
    6. Day care center: commercial, provided that it is an accessory use to a permitted or conditional use and pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Garden supply or landscaping center
    8. Home improvement center
    9. Household maintenance and repair establishment
    10. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    11. Office as a principal use
    12. Recreation facility: commercial indoor or outdoor
    13. Vehicle sales and/or rental
    14. Veterinary clinic: large or small animal, with or without outdoor kennels or runs
  3. Industrial uses.
    1. Batch plant: concrete or asphalt
    2. Composting facility: community or indoor, pursuant to Section 5.3, C. Community Composting Facilities
    3. Grain elevator
    4. Landfill: construction debris
    5. Mined materials: processing and/or recycling
    6. Power generation plant
    7. Recycling facility, pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
    8. Salvage operation: indoor and/or outdoor
  4. Public, civic, and institutional uses.
    1. School, specialty or special instruction
  5. Utility and communication uses.
    1. Communication equipment: major pursuant to Section 5.4, B.: Communication Equipment: Minor
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Mining, consistent with Chapter NR 135 of the Wisconsin Administrative Code and all other applicable regulations
  7. Other uses.
    1. Accessory building, if the accessory building exceeds the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the HI Heavy Industrial District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building.
  2. Animals: keeping domestic animals, provided that the animals are accessory to a permitted residential use, and pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, and donkeys provided that the animals are accessory to a permitted residential use, and pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fences, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  11. Landscaping and/or gardening
  12. Office, accessory to a permitted or conditional use.
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Solar equipment
  18. Swimming pool for private recreation use, pursuant to Section 5.6, L.: Swimming Pool
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  21. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  22. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Two (2) acres
  2. Minimum parcel width. One hundred (100) feet
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback Requirements. Setback requirements shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Fifty (50) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements for Parcels in the Ashland Industrial Park. Those parcels zoned HI Heavy Industrial District in the Ashland Industrial Park shall comply with the provisions of Section 5.3, A.: Ashland Industrial Park and City of Ashland Ordinance 469.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.23-4.24 (Reserved)

(Reserved for potential additional industrial districts.)

4.25 W-SFR Waterfront Single-Family Residential District

Intent. The intent of the W-SFR Waterfront Single-Family Residential District is to recognize existing single-family dwellings within the waterfront area and to permit redevelopment and continued use of the dwellings in a manner that enhances their relationship with the waterfront.
Uses.
1. Permitted uses. The following are permitted uses in the W-SFR Waterfront Single-Family Residential District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-SFR Waterfront Single-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Dwelling: two-family or duplex
    5. Emergency residential facility, provided that not more than fifteen (15) persons are served
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    8. Tourist home, pursuant to Section 5.1, K.: Tourist Home.
  2. Public, civic, and institutional uses.
    1. Government or community service use
  3. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility system, pursuant to Section 5.4. D. Wind Energy Facility
  4. Temporary or seasonal uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  5. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-SFR Waterfront Single-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements.
  1. Minimum parcel area.
    1. A parcel that has a single-family detached dwelling as its principal use shall have a minimum area of seven thousand (7,000) square feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that has a principal use other than a single-family detached dwelling shall have a minimum area of fourteen thousand (14,000) square feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  2. Minimum parcel width.
    1. A parcel that has a single-family detached dwelling as its principal use shall have a minimum width of fifty (50) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that has a principal use other than a single-family detached dwelling shall have a minimum width of one hundred (100) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal building.
  1. Minimum principal building setback from the road right-of-way.
    1. A single-family detached dwelling shall be set back a minimum of twenty-five (25) feet from the road right-of-way, except as may be modified based on the average setback from the front parcel line calculation pursuant to Section 6.1, B.: Setbacks.
    2. A principal use, other than a single-family detached dwelling, shall be set back a minimum of thirty-five (35) feet from the road right-of-way.
  2. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  3. Minimum principal building setback from corner street side parcel line.
    1. A single-family detached dwelling shall be set back a minimum of twenty (20) feet from the corner street side parcel line, except as may be modified based on the average setback from the corner street side parcel line calculation pursuant to Section 6.1, B.: Setbacks.
    2. A principal building, other than a single-family detached dwelling, shall be set back a minimum of thirty (30) feet from the corner street side parcel line.
  4. Minimum principal setback from interior side parcel line.
    1. A single-family detached dwelling shall be setback a minimum of ten (10) feet from an interior side parcel line, except as modified pursuant to Section 6.1, B.: Setbacks.
    2. A principal building, other than a single-family detached dwelling, shall be set back a minimum of fifteen (15) feet from an interior side parcel line.
  5. Minimum principal building setback from rear parcel line. All principal buildings shall be set back a minimum of thirty-five (35) feet from the rear parcel line.
3. Setback requirements for accessory buildings. Accessory buildings shall be set back from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
4. Maximum building height.
  1. Principal building. No building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building associated with a government or community service, a religious institution, or a primary or secondary school may exceed thirty-five (35) feet in height provided the setback requirements from the side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed twenty-five (25) percent of the parcel area.
6. Maximum impervious coverage of the parcel: Forty (40) percent
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront Overlay District requirements. All uses shall meet the requirements specified in Section 4.46: W-O Waterfront Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.26 W-MRC Waterfront Mixed Residential/Commercial District

Intent. The W-MRC Waterfront Mixed Residential/Commercial District encompasses an area between US Highway 2 and Lake Superior that may have existing industrial, commercial, and residential uses that do not have a strong relationship to the waterfront, nor do they provide public views or access to the waterfront. The primary intent of the district is to encourage existing industrial uses in the district to relocate to appropriate industrial districts in the city. Also, where feasible, the intent of the district is to encourage redevelopment of existing commercial and residential uses in a manner that enhances the relationship of these uses to the waterfront and, to the maximum extent possible, provides public views and access to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage existing industrial uses in the district to relocate to appropriate industrial districts in the city;
2. Encourage the development and redevelopment of residential and/or commercial uses in a manner that promotes public views and access to the waterfront, where feasible;
3. Allow a mixture of residential uses, but encourage housing that includes public open space that promotes views and access to the waterfront;
4. Encourage development of commercial uses that cater to people using the waterfront and to the traveling public. Examples of such uses may include tourist-oriented retail, indoor and outdoor recreation facilities, lodging establishments, and restaurants. This district is not intended to accommodate large-scale regional commercial development;
5. Where feasible, encourage waterfront public/institutional uses in the district;
6. Encourage development in the district to occur through the planned unit development (PUD) process at a neighborhood or district scale to help ensure coordination between uses. Where feasible, encourage shared parking and pedestrian and vehicular access between uses. If the City of Ashland has adopted a plan for an area in the W-MRC District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Allowable uses that are part of an approved planned unit development (PUD). Allowable uses that are part of an approved planned unit development (PUD) in the W-MRC Waterfront Mixed Residential/Commercial District shall be established in accordance with the Planned Unit Development (PUD) District. The uses shall be consistent with the intent of this district and the goals, objectives, and policies of the City’s Comprehensive Plan as well as all other applicable plans approved by the City.
2. Permitted uses that are not part of an approved planned unit development (PUD).
  1. Uses in existence prior to the adoption of this ordinance. Any residential or commercial use (as determined by the Zoning Administrator or Designated Authorized Agent) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming permitted or conditional use at that time) shall be a permitted use.
  2. Residential.
    1. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than four (4) persons are served by the facility
    3. Dwelling: multi-family, three (3) to eight (8) units per building
    4. Dwelling: single-family attached, two (2) to six (6) units per building
    5. Dwelling: single-family detached
    6. Dwelling: two-family or duplex
    7. Dwelling combined with a permitted commercial use
    8. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  3. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this district may be considered and processed as per the conditional use permit provisions of this Ordinance.
3. Conditional uses. The following are conditional uses in the W-MRC Waterfront Mixed Residential/Commercial District and are subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or Rooming House
    3. Emergency residential facility, provided that not more than fifteen (15) persons are served
    4. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    5. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living
    6. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
  2. Commercial.
    1. Animal boarding
    2. Animal grooming or training facility
    3. Artist studio
    4. Assembly hall
    5. Bank or other financial institution
    6. Business service
    7. Car wash
    8. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    9. Dry cleaning and laundry drop off and pick up, excluding processing
    10. Food center
    11. Funeral home
    12. Garden supply or landscaping center
    13. Household maintenance and repair
    14. Individual/family social services
    15. Laundromat
    16. Local food store, pursuant to Section 5.2, D.: Local Food Store
    17. Lodging establishment: short and extended stay
    18. Manufactured home dealer
    19. Office as a principal use
    20. Personal care/drop-in center
    21. Personal service
    22. Recreation facility: commercial indoor/outdoor
    23. Restaurant: sit-down, fast food or carry-out
    24. Retail establishment: convenience or general
    25. Tavern
  3. Public, civic, and institutional.
    1. Boat landing
    2. Clinic
    3. Club or association
    4. Museum
    5. Nursing home
    6. Religious Institution
    7. School: primary, secondary, specialty, or personal instruction
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Outdoor wood-fired furnace associated with a single-family detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750 B., 17.: Outdoor Wood-fired Furnace
    4. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    5. Wind energy facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, landfilling, and/or excavation
    2. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  6. Other uses.
    1. Accessory building, if the accessory building exceeds the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Drive-through window associated with a permitted or conditional use
    3. Parking lot as a principal use
    4. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this district may be considered and processed as per the conditional use permit provisions of this Ordinance.
4. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-MRC Waterfront Mixed Residential Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
5. Prohibited uses. Industrial uses (as determined by the Zoning Administrator or the Common Council) shall be prohibited uses in the W-MRC Waterfront Mixed Residential/Commercial District. Any existing industrial use that was a conforming use prior to the date of this ordinance shall be considered a nonconforming use and shall comply with the nonconforming provisions of this Ordinance.
Dimensional Requirements.
1. Basic dimensional requirements for uses associated with a planned unit development (PUD). Basic dimensional requirements (including parcel area and width, principal building setback, allowable height, maximum building coverage, maximum impervious coverage, and other pertinent dimensional requirements) for uses associated with a planned unit development (PUD) shall be determined through the planned unit development (PUD) ordinance and shall be consistent with the Waterfront Overlay District requirements and the Gateway Overlay District requirements of this Ordinance, where applicable.
2. Basic dimensional requirements for uses that are not part of an approved planned unit development. Basic dimensional requirements (including parcel area and width, principal building setback, allowable height, maximum building coverage, maximum impervious coverage, and other pertinent dimensional requirements) for uses that are not part of an approved planned unit development (PUD) shall be identical to the dimensional requirements of the zoning district in this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a single-family detached dwelling shall meet the dimensional requirements for a single-family detached dwelling in the W-SFR Waterfront-Single Family Residential District. All uses shall be consistent with the Waterfront Overlay District and the Gateway Overlay District requirements of this Ordinance, where applicable.
3. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-MRC District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Design standards. All uses shall meet the applicable design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall be consistent with the provisions of the Waterfront Overlay District as specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.27 W-CRM Waterfront Conference/Residential Mix District

Intent. The W-CRM Waterfront Conference/Residential Mix District is intended to provide a unique area in the city where a mixture of conference, lodging, and compatible residential and commercial uses are coordinated in a planned setting to produce a vibrant and relatively self-contained area that caters to conferences, special events, and tourist activities. More specifically, the intent of the district is as follows:
1. Encourage the development and/or redevelopment of uses in the district that will have a synergistic relationship with the existing lodging establishment/conference facility in the district. Examples of such uses may include tourist-oriented retail, indoor and outdoor recreation facilities, additional lodging establishments, and restaurants. This district is not intended to accommodate large-scale regional commercial development;
2. Allow the continuation, enhancement, and expansion of existing detached single-family dwellings in the district, but also allow parcels with detached single-family dwellings to sensitively transition to higher density housing or commercial uses that relate to the mixed conference/residential intent of this district;
3. Encourage development in the district to occur through the planned unit development (PUD) process at the neighborhood or district scale to help ensure coordination between uses. Where feasible, encourage shared parking and pedestrian and vehicular access between uses;
4. Where feasible, encourage development of uses that relate to the waterfront and that provide strong visual and pedestrian connections to the waterfront.
Uses.
1. Permitted uses. The following uses are permitted in the W-CRM Waterfront Conference/Residential Mix District pursuant to all specific use standards.
  1. Residential.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than four (4) persons are served by the facility
    2. Dwelling: multi-family, three (3) to eight (8) units per building
    3. Dwelling: single-family attached, two (2) to six (6) units per building
    4. Dwelling: single-family detached
    5. Dwelling: two-family or duplex
    6. Dwelling combined with a permitted commercial use
    7. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Assembly hall
    2. Business service
    3. Conference center
    4. Local food store, pursuant to Section 5.2, D.: Local Food Store
    5. Lodging establishment: short stay or extended stay
    6. Personal service
    7. Retail: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet
    8. Restaurant: carry-out, fast food, or sit-down
  3. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with intent of the permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the W-CRM Waterfront Conference/Residential Mix District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Boarding or rooming house
    4. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    5. Dwelling combined with a conditional use
    6. Dwelling: multi-family, more than eight (8) units per building
    7. Emergency residential facility
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Artist studio
    2. Bank or financial institution
    3. Car wash associated with a filling station
    4. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    5. Dry cleaning and laundry drop off and pick up, but excluding processing
    6. Filling station with or without a convenience store
    7. Laundromat
    8. Office as a principal use
    9. Recreation facility: commercial indoor or outdoor
    10. Restaurant: drive-in
    11. Retail: convenience or general, exceeding two thousand five hundred (2,500) gross square feet
    12. Tavern
    13. Theater
  3. Public, civic, and institutional uses.
    1. Boat landing
    2. Campground, pursuant to City of Ashland Ordinance 463
    3. Club or association
    4. Museum
    5. School: specialty or personal instruction
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace associated with a single-family-detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-CRM Waterfront Conference/Residential Mix District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent requirements shall be identical to the dimensional requirements of the zoning district that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a commercial use shall relate to the dimensional requirements for a commercial use in the W-C Waterfront Commercial District.
2. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-CRM District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements.
1. Gateway Overlay District requirements. Parcels that have frontage on a US Highway 2 shall meet the Gateway Overlay requirements specified in Section 4.47: GTWY-O Gateway Overlay District.
2. Waterfront overlay district requirements. Development in the W-CRM District shall be consistent with the requirements of the waterfront overlay district specified in Section 4.46: W-O Waterfront Overlay District.
3. Design standards. All uses shall meet the pertinent design standards specified in Section 6.2: General Building Design Standards and Guidelines.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.28 W-C Waterfront Commercial District

Intent. The W-C Waterfront Commercial District encompasses an area between US Highway 2 and Lake Superior. Existing uses in the district consist primarily of regional (highway) commercial uses, but may also include existing residential and existing industrial uses. The intent of the district is to allow the existing commercial uses and structures to continue while encouraging all uses and structures to transition to commercial uses that have a strong relationship to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage the development and redevelopment of commercial properties in a manner that enhances their relationship with the waterfront. Encourage uses to provide public views and access to the waterfront, where feasible;
2. Encourage uses that cater to people using the waterfront and to the traveling public. This district is not intended to accommodate large-scale regional commercial development;
3. Encourage existing residential and industrial uses to relocate to other appropriate districts in Ashland;
4. Encourage development and redevelopment in the district to occur through the planned unit development (PUD) process that includes at least several parcels. Encourage connections between commercial uses that allow for shared parking and shared access from US Highway 2;
5. If the City of Ashland has adopted a plan for the W-C Waterfront Commercial District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan;
6. Where commercial development or redevelopment on a parcel in this district cannot occur in a manner that is reasonably consistent with the provisions of this Ordinance (due to the dimensional characteristics of the parcel or other reasons), it is the intent of this district to encourage said parcel to transition to a waterfront oriented public, civic, or institutional use (such as a public park) that will be consistent with the Comprehensive Plan and the provisions of this Ordinance.
Uses.
1. Permitted uses. Due to the dimensional constraints of the existing parcels in the district and the intent of the district to enhance the relationship of structures and uses to the waterfront, outright permitted uses in the W-C Waterfront Commercial District shall be limited to the following.
  1. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Public park
  2. Utility, communication, and public service uses.
    1. Essential services
  3. Open space uses.
    1. Open space: private or public
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent of the City has determined that the use is consistent with the intent of permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-C District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served by the facility
    3. Dwelling combined with a permitted or conditional commercial use
    4. Emergency residential facility
    5. Home occupation associated with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    6. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Conference center
    8. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    9. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    10. Dry cleaning and laundry, drop off and pick up, but excluding processing
    11. Filling station
    12. Funeral home
    13. Garden supply or landscaping center
    14. Household maintenance and repair establishment
    15. Laundromat
    16. Local food store, pursuant to Section 5.2, D.: Local Food Store
    17. Lodging establishment: short stay or extended stay
    18. Office
    19. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    20. Personal service
    21. Recreation facility: commercial indoor or outdoor
    22. Rent-to-own, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    23. Restaurant: carry-out, fast food, or sit-down
    24. Retail establishment: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet per building
    25. Tavern
    26. Theater
    27. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Museum
    4. School: specialty or personal instruction
    5. Religious institution
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Autho1ized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-C Waterfront Commercial District, pursuant to all applicable specific use standards.
  1. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  5. Fence, pursuant to Section 6.5: Fences
  6. Foster care: family home
  7. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  8. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  9. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  10. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  11. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  12. Signs, pursuant to Section 6.6: Signs
  13. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  14. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  15. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  16. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  17. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  18. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the W-C District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way. Thirty (30) feet.
  2. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  3. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  4. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  5. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building may exceed thirty-five (35) feet subject to the issuance of a conditional use permit.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on U.S. Highway 2 shall meet the Gateway Overlay District requirements specified in GTWY-O Gateway Overlay District.
4. Additional requirements. Additional requirements (including, but not limited to setbacks from a bluff) may apply to parcels and uses in this district. Refer to the pertinent provisions of this Ordinance for specific requirements.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.29 W-CC Waterfront City Center District

Intent. The W-CC Waterfront City Center District includes a mixture of existing residential, commercial, and industrial uses that are located near the heart of the city, between US Highway 2 and Lake Superior. The intent of the district is to allow the continuation of single-family residential uses in the district while also allowing the district to sensitively transition to commercial and public/institutional uses that have a strong relationship to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage existing industrial uses in the district to relocate to other appropriate districts in the city;
2. Allow the continuation, enhancement, and expansion of existing residential uses in the district, but also allow the sensitive conversion of parcels with existing single-family dwellings to transition to appropriate “city center” uses that have a strong relationship to the waterfront;
3. Ensure that development and redevelopment in the district occurs in a manner that reasonably protects the integrity of the surrounding existing single-family dwellings in the district; and
4. Encourage the transition to waterfront city center uses to occur through the planned unit development (PUD) process at a neighborhood scale or block scale. If the City of Ashland has adopted a plan for the W-CC Waterfront City Center District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Permitted uses. The following uses are permitted in the W-CC Waterfront City Center District, pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Residential use, provided that the use was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the adoption of this ordinance.
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Dwelling combined with permitted use
    4. Dwelling: single-family detached
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Artist studio
    2. Assembly hall
    3. Conference center
    4. Local food store, pursuant to Section 5.2, D.: Local Food Store
    5. Lodging establishment: short stay or extended stay
    6. Personal service
    7. Retail: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet
    8. Restaurant: carry-out, fast food, or sit-down
  3. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Museum
    4. Public park
  4. Utility, communication, and public service uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-CC District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served by the facility
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with a conditional use
    6. Dwelling: single-family attached, two (2) to six (6) units per building
    7. Dwelling: multi-family, three (3) or more units per building
    8. Dwelling: two-family or duplex
    9. Emergency residential facility
    10. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    11. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    12. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Bank or financial institution
    2. Business service
    3. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    4. Dry cleaning and laundry, drop off and pick up, but excluding processing
    5. Laundromat
    6. Office
    7. Recreation facility: commercial indoor or outdoor
    8. Retail establishment: convenience or general, exceeding two thousand five hundred (2,500) gross square feet
    9. Tavern
    10. Theater
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Nursing home
    4. School: primary, secondary, specialty, or personal instruction
    5. Religious institution
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a government or community service use, a religious institution, or a primary or secondary school, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavating (excluding mining) involving fifty (50) or more cubic yards of material, and as a separate activity not associated with a building permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-CC Waterfront City Center District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Signs, pursuant to Section 6.6: Signs
  13. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel area in the W-CC District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Three thousand five hundred (3,500) square feet.
  2. Minimum parcel area for properties located in the GTWY-O Gateway Overlay District. Twenty thousand (20,000) square feet, except that a smaller parcel area may be allowed with the approval of a conditional use permit.
  3. Minimum parcel width. Twenty-five (25) feet.
  4. Minimum parcel width for properties located in the GTWY-O Gateway Overlay District. One-hundred forty (140) feet, except that a smaller parcel width may be allowed with approval of a conditional use permit.
2. Setback requirements of a principal building from all parcel lines. Uses shall meet the setback requirements specified in the zoning district of this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent. For example, the requirements for a single family use shall relate to the setback requirements for the R-1 Single Family District. All parcels in the GTWY-O Gateway Overlay District shall be required to follow the setbacks established in the RC Regional Commercial District. Setbacks may be reduced with the approval of a conditional use permit.
3. Maximum parcel coverage. Uses shall meet the requirements for maximum parcel coverage specified in the zoning district of this ordinance that best resembles the use of said parcel, except that all non-residential development shall meet the following:
  1. Maximum building coverage of the parcel. Fifty percent (50%).
  2. Maximum impervious coverage. Seventy percent (70%), except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
4. Maximum height of principal building. Forty-five (45) feet, as measured pursuant to Section 6.1, C.: Building Height except that the City may allow a principal building to exceed a height of forty-five (45) feet subject to the approval of a conditional use permit.
5. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings in the district shall be as specified in Section 5.6, A.: Accessory Building.
6. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-CC Waterfront City Center District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.30 W-I Waterfront Industrial District

Intent. The intent of the W-I Waterfront Industrial District is to recognize areas of existing industrial uses adjacent to Lake Superior that the City has determined are essential or otherwise acceptable industrial uses in the area. These existing industrial uses may continue subject to the provisions of this section. Should an existing industrial use in the district cease, it is the intent of this district to encourage the use to transition to a “waterfront oriented” public, civic, and institutional use pursuant to this section. Additions to the W-I Waterfront Industrial District are not anticipated. New industrial uses shall be directed to a LI Light Industrial District or HI Heavy Industrial District outside of the waterfront area.
Uses.
1. Permitted uses. The following uses are permitted in the W-I Waterfront Industrial District pursuant to all applicable specific use standards and the special requirements of this district.
  1. Public, civic, and institutional uses.
    1. Public park
  2. Utility and communication uses.
    1. Essential services
  3. Open space uses.
    1. Open space: private or public
  4. Temporary, seasonal use, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in the district.
2. Conditional uses. The following are conditional uses in the W-I Waterfront Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards and the special requirements of this district.
  1. Industrial uses.
    1. Light manufacturing use provided that the use was in existence prior to the date of adoption of this ordinance and provided that the use did not cease to exist for a period of twelve (12) or more consecutive months since the date of adoption of this ordinance.
    2. Power generation plant provided that the use was in existence prior to the date of adoption of this ordinance and provided that the use did not cease to exist for a period of twelve (12) or more consecutive months since the date of adoption of this ordinance.
  2. Public, civic, and institutional uses.
    1. Campground, pursuant to City of Ashland Ordinance 463
    2. College
    3. Festival grounds
    4. Government and community services
    5. Marina
    6. Nursing home
    7. School: primary, secondary, or specialty
    8. Religious institution
    9. Water oriented research facility
  3. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-I Waterfront Industrial District, pursuant to all applicable specific use standards and the special requirements of this district.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool for private recreation use, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent of the City.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  4. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  5. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height, except that height of a principal building can be increased with the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on U.S. Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.31 W-PI Waterfront Public/Institutional District

Intent. The intent of the W-PI Waterfront Public/Institutional District is to facilitate the development of public and institutional uses that have a strong relationship with the waterfront.
Uses.
1. Permitted uses. The following uses are permitted in the W-PI Waterfront Public District.
  1. Public, civic, and institutional uses.
    1. Arboretum
    2. Festival grounds
    3. Government or community service use
    4. Marina
    5. Museum
    6. Public park with or without a campground, pursuant to City of Ashland Ordinance 463
    7. Water oriented research facilities
  2. Utility and communication uses.
    1. Essential services
  3. Open spaces.
    1. Open spaces: public or private
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following uses are conditional uses in the W-PI Waterfront Public District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards and the special requirements of this district.
  1. Commercial uses.
    1. Terminal: passenger ship, including, but not limited to a cruise or sightseeing boat
    2. Water-oriented commercial use that is incidental or accessory to a public, civic, or institutional uses. An individual water-oriented commercial use shall not exceed a gross area of two thousand five hundred (2,500) square feet.
  2. Industrial uses.
    1. Terminal: ship, in accordance with applicable state or federal agreements for use of said ship terminal and provided that the use was in existence and a conforming use prior to adoption of this ordinance
  3. Public, civic, and institutional uses.
    1. Boat landing
    2. College
    3. School: primary, secondary or specialty
    4. Zoo
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Temporary construction building
  6. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-PI District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court for recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the W-PI District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  4. Minimum principal building setback from interior side parcel line. Ten (10) feet.
  5. Minimum principal building setback from rear parcel line. Twenty-five (25) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.32-4.34 (Reserved)

(Reserved for potential additional waterfront districts.)

4.35 PI Public Institutional District

Intent. The intent of the PI Public/Institutional District is to accommodate a variety public, semi-public, and institutional uses in Ashland. Although public and institutional uses are allowed as permitted or conditional uses in many other districts in the city, the PI Public/Institutional District is intended for the exclusive use of significant public or institutional uses (including, but not limited to colleges, schools, hospitals, and cemeteries). Public parks are intended to be included in the PP Public Parks District. Public/institutional uses adjacent to Lake Superior are intended to be included in the W-P/I Waterfront Public/Institutional District.
Uses.
1. Permitted uses. The following uses are permitted uses in the PI Public/Institutional District.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served
    2. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    3. Dormitory
    4. Emergency residential facility
    5. Fraternity or sorority
    6. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
  3. Public, civic, and institutional uses.
    1. Arboretum
    2. Cemetery
    3. Clinic and/or medical office
    4. College
    5. Festival grounds
    6. Government or community service use
    7. Hospital
    8. Museum
    9. Nursing home
    10. Public park
    11. Religious institution
    12. School: primary or secondary
    13. Water oriented research facility
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Land filling: temporary
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in the district.
2. Conditional uses. The following conditional uses are allowed in the PI Public/Institutional District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses
    1. Community-based Residential Facility
  2. Commercial uses
    1. Social services, pursuant to Section 5.2, F.: Social Services
  3. Industrial uses.
    1. Research and development facility
    2. Composting facility: indoor, pursuant to Section 5.3 C., Community Composting Facilities
  4. Public, civic, and institutional uses.
    1. School: specialty or special instruction
    2. Zoo
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Agriculture and forestry uses.
    1. Agriculture
    2. Agricultural services
    3. Agriculture research facility
    4. Forestry
  7. Temporary, seasonal, or land filling/excavation uses.
  8. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following uses are permitted as accessory to permitted or conditional uses in the PI Public/Institutional District, pursuant to all specific use standards.
  1. Animal: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  2. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6 D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Greenhouse: local
  8. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  9. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  10. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  11. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  12. Signs, pursuant to Section 6.6: Signs
  13. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  14. Sport court or play equipment, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  15. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  16. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  17. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the PI Public/Institutional District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre.
  2. Minimum parcel width. Two hundred (200) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirement for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Thirty (30) feet.
  4. Minimum principal building setback from rear parcel line. Forty (40) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building height between thirty-five (35) feet and sixty (60) feet may be permitted with the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.36 PP Public Parks District

Intent. The intent of the PP Public Parks District is to accommodate a variety of public parks and public open spaces in Ashland. Although public parks and public open spaces are permitted uses in many other districts in the city, the PP Public Parks District is intended for the exclusive use of public parks, significant public open spaces, and park related accessory uses. The W-P/I Waterfront Public/Institutional District may also accommodate public parks and public open space.
Uses.
1. Permitted uses. The following uses are permitted in the PP Public Parks District.
  1. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public festival grounds
    3. Public parks and recreation uses and related buildings and uses
  2. Utility and communication uses.
    1. Essential services
  3. Open space uses.
    1. Open space: public
  4. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent of the City has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following uses are conditional uses in the PP Public Parks District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling that serves as a caretaker’s residence for a public park
  2. Commercial uses.
    1. Commercial use incidental to a public park use; for example, a seasonal food stand
    2. Specialty school incidental to a public park use
  3. Public, civic, and institutional uses.
    1. Arboretum
    2. Boat landing
    3. Campground and/or recreational vehicle park, pursuant to City of Ashland Ordinance 463
    4. Museum
    5. Water oriented research facility
    6. Zoo
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the PP Public Parks District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court or play equipment for public recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5 B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. There shall be no parcel requirements in the PP Public Parks District.
2. Setback requirements for principal building. Setbacks requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Eight (8) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. Thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. There shall be no maximum building coverage in the PP Public Parks District.
6. Maximum impervious coverage. There shall be no maximum impervious coverage in the PP Public Parks District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.37 FD Future Development District

Intent. The intent of the FD Future Development District is to allow the use of land (not served with municipal utilities) in a manner that will not preclude future development at urban densities, pending the extension of municipal utilities or market conditions that justify development at urban densities. Land in this district shall be rezoned consistent with the Comprehensive Plan, pending the proper timing for the economical provision of municipal sewer and water, streets, parks, storm drainage, and other public utilities and services, so that orderly development can occur. Where feasible, conservation subdivisions (pursuant to Section 4.56: Conservation Subdivision Overlay District) are encouraged for residential uses in this district.
Uses.
1. Permitted uses. The following are permitted uses in the FD Future Development District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: single-family detached in a conservation subdivision pursuant to Section 4.56: Conservation Subdivision Overlay District
    4. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Agriculture, forestry, and open space uses.
    1. Agriculture
    2. Forestry
    3. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
    3. Seasonal market
  6. Other uses.
    1. Personal storage building as a principal use pursuant to Section 5.6, G.: Personal Storage Building as a Principal Use. Personal storage buildings as a principal use shall not be permitted in association with a conservation subdivision in the FD Future Development District.
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the FD Future Development District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuantto Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery
    5. Emergency residential shelter
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    8. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Animal boarding facility
    2. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    3. Recreation facility: commercial indoor or outdoor
    4. Veterinary clinic: small and large animal
    5. Warehouse: self-storage
  3. Industrial uses.
    1. Composting facility: indoor
    2. Salvage operation: indoor/outdoor
  4. Public, civic, and institutional uses.
    1. Arboretum
    2. Campground and/or recreational vehicle park, pursuant to City of Ashland Ordinance 463
    3. Cemetery
    4. Community composting facility or construction debris facility, provided that the facility is contiguous to, or directly across a public right-of-way from, the Ashland land fill.
    5. Festival grounds
    6. Government or community service use
    7. Religious institution
    8. School: primary or secondary
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Agriculture, forestry, and open spaces.
    1. Agricultural research facility
    2. Agricultural services
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Model home, pursuant to Section 5.5, A.: Model Home
    2. Mining, consistent with Chapter NR 135 of the Wisconsin Administrative Code and all other applicable regulations
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  8. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following are allowed accessory uses to permitted and conditional uses in the FD Future Development District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, or donkeys, pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fences, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Greenhouse: local
  11. Landscaping and/or gardening
  12. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, including solar equipment (but not including outdoor wood furnaces), pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court, play equipment, and similar private recreation uses, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements.
  1. Minimum parcel area.
    1. A parcel that has a use that is not associated with an approved conservation subdivision shall have a minimum parcel area of five (5) acres, except as may be modified pursuant to Subparagraph c. of this Section or Section 10.3: Nonconforming Parcels.
    2. A parcel that is associated with an approved conservation subdivision shall have a minimum parcel area pursuant to Section 4.56: Conservation Subdivision.
  2. Minimum parcel width.
    1. A parcel that is not associated with an approved conservation subdivision shall have a minimum parcel width of two hundred (200) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that is associated with an approved conservation subdivision shall have a minimum parcel width pursuant to Section 4.56: Conservation Subdivision.
  3. Exceptions to parcel requirements.
    1. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
    2. The minimum parcel area for a conventional subdivision in the FD District may be calculated based on the gross developable area of the parcel including road right-of-ways. Consequently, a forty (40) acre parcel could be subdivided into eight (8) parcels, even if part of the forty (40) acre parcel were conveyed for a public road, but provided that no parcel has less than four (4) net developable acres.
2. Setback requirements for principal building.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty-five (25) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
Design Standards for Agricultural Buildings and Other Accessory Buildings.
1. Applicability. All agricultural buildings and other accessory buildings over twelve hundred (1,200) square feet shall comply with the design standards and guidelines of this Subsection. All other accessory buildings shall comply with Section 5.6, A: Accessory Building.
2. Architectural features and colors. All buildings shall be complimentary to the principal structures and surrounding area in terms of architectural features and colors.
3. Maximum height. The maximum building height shall not exceed thirty-five (35) feet.
4. Setbacks. Setbacks from side and rear parcel lines shall be a minimum of thirty (30) feet.
5. Design review. Buildings located within the Gateway Overlay District or readily visible from U.S. Highway 2, State Highway 13, or State Highway 112 shall be subject to design review by the Zoning Administrator or Designated Authorized Agent. Such buildings shall have a decorative exterior with special features that may include decorative windows or rooflines, cupolas, or columns. Long, uninterrupted roof or wall planes greater than seventy-five (75) feet shall be prohibited. Not less than fifteen (15) percent of the building façade visible from the highway shall be decorative material such as, brick, stone, stucco, or decorative masonry units.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.38 AIR Airport District

Intent. The intent of the AIR Airport District is to accommodate the John F. Kennedy Memorial Airport. The district is also intended to accommodate commercial and industrial uses that have a synergistic and incidental relationship with the airport, such as a flight school, an air cargo facility, an aviation repair and service shop, and retail uses that serve air travelers and others at the airport.
Uses.
1. Permitted uses. The following are permitted uses in the AIR Airport District, pursuant to all applicable specific use standards and any requirements in an adopted AIR-O Airport Overlay District.
  1. Public, civic, and institutional uses.
    1. Airport terminal
    2. Airport hangar
    3. Other airport uses customarily provided in conjunction with an airport use
    4. Buildings and uses associated with public works or public services
  2. Utility and communication uses.
    1. Essential services
  3. Agriculture and open space uses.
    1. Agriculture, excluding structures, provided that the agriculture use does not attract wildlife that could constitute a hazard to air navigation or the safe operations of the airport.
    2. Open space, provided that the open space does not attract wildlife that could constitute a hazard to air navigation or the safe operations of the airport.
  4. Temporary, seasonal, or land filling/excavating uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Land filling: temporary
2. Conditional uses. The following conditional uses are allowed in the AIR Airport District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards as well as any requirements in an adopted AIR-O Airport Overlay District.
  1. Commercial uses and industrial uses.
    1. Commercial and industrial uses that have a synergistic and incidental relationship with the airport, such as a flight school, an air cargo facility, an aviation repair/service shop, a car rental facility, or a retail store that serves as travelers and others at the airport.
  2. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  3. Temporary, seasonal, or land filling/excavation uses.
  4. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the AIR Airport District, pursuant to all applicable specific use standards and any requirements in an adopted AIR-O Airport Overlay District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Navigational aids and weather observation equipment incidental to airport use
  7. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  8. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  9. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  10. Signs, pursuant to Section 6.6: Signs
  11. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  12. Sport court or play equipment, and similar private recreation uses, pursuant to Section 5.6 K.: Sport Court, Play Equipment, and Similar Uses
  13. Swimming pool, pursuant to Section 5.6 L.: Swimming Pool
  14. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  15. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Setback requirements. All new principal and accessory buildings or structures shall require a minimum twenty (20) foot setback from all parcel lines.
2. Height Limitations. No structure shall be constructed, altered, located, or permitted to remain after such construction, alteration, or location, and no trees shall be allowed to grow to a height in excess of the height limit indicated on the Height Limitations Zoning Map in City of Ashland Ordinance 453.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.39-4.45 (Reserved)

(Reserved for potential additional other zoning districts.)

4.46 W-O Waterfront Overlay District

Intent.
1. The area encompassed by the W-O Waterfront Overlay District is a valuable asset to the City of Ashland. The intent of the district is to impose land use controls (in addition to those in the applicable underlying zoning districts) to accomplish the following:
  1. Use property in the district in a manner that promotes economic development, affords a high quality of life, and protects and enhances the natural environment;
  2. Protect and enhance public investment in the waterfront area while stimulating private development where appropriate;
  3. Encourage high quality development that is attractive and that promotes a unique sense of place tied to the waterfront; and
  4. Enhance and encourage public access and enjoyment of the waterfront;
2. If the City of Ashland has adopted a plan for any area in the W-O Waterfront Overlay District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan. Such plans include, but are not limited to, the Waterfront Development Plan and various plans included in the Ashland Comprehensive Plan.
District Boundaries. The W-O Waterfront Overlay District overlays and is bound by the following underlying districts: W-SFR Waterfront Single-Family Residential, W-MRC Waterfront Mixed Residential/Commercial, W-CRM Waterfront Conference/Residential Mix, W-C Waterfront Commercial, W-CC Waterfront City Center, W-I Waterfront Industrial, and W-PI Waterfront Public/Institutional.
Administration.
1. General application. The design guidelines specified in this Section shall apply to all properties in Waterfront Overlay District.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Compliance with design guidelines. Given the pattern of existing development in this District and the size and configuration of the existing parcels, it may not be feasible for all new development or redevelopment in the District to be consistent with all of the design guidelines specified in this Section. Consequently, prior to action on a building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2 of this Ordinance) shall make a determination that the proposed development is consistent with the intent of the design guidelines of this Section when considered as a whole. However, the development proposal need not be in complete conformance with every design guideline specified herein in order to receive approval.
4. Supremacy of regulations. In some cases, parcels may be in more than one overlay district. If any conflict between the regulations applicable in another overlay district (or the underlying zoning district) and the design guidelines of the Waterfront Overlay District occurs, the more restrictive provisions shall take precedence.
Design Standards and Guidelines.
1. Intent. The following design standards and guidelines are intended to further the intent of Waterfront Overlay District by providing review guidance relating to specific design elements that affect the appearance and function of uses in the Waterfront Overlay District. The standards and guidelines are not intended to discourage development, but to encourage development that is functional, attractive, and meets the intent of this District. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
2. Principal building setback from the ordinary high water mark. All principal buildings with frontage on Lake Superior shall be set back a minimum of seventy-five (75) feet from the ordinary high water mark of Lake Superior and thirty (30) feet from the top of bluffs, unless issued a conditional use permit pursuant to Section 3.9: Conditional Use Permit. Requirements set forth in Part 8: Environmental Protection may also apply. Where principal buildings exist on the adjoining parcels on both sides of a proposed building site, the subject principal building setback may be altered to conform to the prevailing setback, but in no case shall a principal building be set closer than fifty (50) feet to the ordinary high water mark.
3. Accessory building setback from the ordinary high water mark. Accessory buildings shall not be placed between the principal building and the ordinary high water mark, on properties with frontage on Lake Superior. However, a water oriented accessory building (such as a boathouse or gazebo) may be placed within ten (10) feet of the ordinary high water mark, provided that the accessory building does not exceed four hundred (400) gross square feet and one (1) story in height.
4. Impervious surface setbacks. Impervious surfaces shall have a minimum setback of fifty (50) feet from the ordinary high water mark of Lake Superior and a minimum setback of thirty (30) feet from the top of bluffs. Trails, walks, and similar uses shall be exempt from this standard provided the use will not contribute to destructive erosion or allow unfiltered runoff into Lake Superior.
5. Undisturbed vegetative buffer adjacent to Lake Superior. Where feasible, a minimum undisturbed vegetative buffer of thirty five (35) feet shall be maintained from the ordinary high water mark of Lake Superior. Slopes over twenty (20) percent extending beyond the minimum vegetative buffer shall necessitate a wider buffer. Native waterfront vegetation should be established in the buffer area to stabilize the soils and to protect water quality. Selective removal of dying, diseased, invasive vegetation, and weeds is permitted; however, replacement with native waterfront vegetation is encouraged.
6. Building design. Building design shall be consistent with the design standards specified in In addition, the following guidelines shall apply to the maximum extent practical:
  1. Architectural style or theme. New buildings shall relate to City adopted or approved plans that specify an architectural style or theme for the waterfront. If an approved plan does not exist, but a particular neighborhood in the waterfront has a desirable existing architectural theme or style as determined by the applicable approval authority, then the new buildings in the neighborhood should be compatible with the existing theme.
  2. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, wood, and architectural concrete. Composite boards manufactured from wood or other products, such as hardboard or hardplank, may be used when the board product is less than six (6) inches wide. Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of three (3) to six (6) inches, or vinyl or aluminum siding that is in a clapboard or shiplap pattern where the boards in the pattern are six (6) inches or less in width. Unfinished concrete or masonry units, corrugated metal, plywood, and sheet pressboard are not allowed.
  3. Colors. Predominate exterior colors should be neutral or earth tone, but bright colors may provide a compatible accent.
  4. Screening. Service areas, refuse collection areas, storage areas, and loading areas shall be located away from or screened from public view, including views from Lake Superior.
7. Views.
  1. Views of Lake Superior. New structures and plantings shall not be located in a manner that restricts views of Lake Superior from north-south avenues and from public trails.
  2. Views of Lake Superior from Structure. Where views of Lake Superior are possible from within the structure, the structure design shall maximize views of Lake Superior for employees and customers, considering orientation and window coverage.
  3. Views from Lake Superior. Views of the proposed development from Lake Superior shall be considered. Landscape screening shall be provided to screen objectionable views (such as refuse collection areas and storage areas) from the perspective of those viewing the development from Lake Superior.
8. Parking, access, and circulation. Parking, access, and circulation shall be as specified in Section 6.3: Parking and Loading of this Ordinance. In addition, the following guidelines shall apply:
  1. Location of parking. Parking between the principal building and the public right-of-way or between the principal building and Lake Superior is discouraged unless no other practical alternatives exist or unless proper buffering and landscaping measures are used pursuant to Section 6.4: Landscaping, Buffers, and Screening .
  2. Connection to public trail or sidewalk. Pedestrian systems that provide public access to the waterfront should be provided where feasible. The quality of the pedestrian system should be enhanced by means of appropriate landscaping, lighting, graphics, and furnishings. Internal pedestrian systems should coordinate with adopted City plans for public trails, bikeways, walks, and other movement systems associated with the waterfront.
9. Landscaping and grading. Landscaping shall be consistent with the landscaping standards specified in Section 6.4: Landscaping, Buffers, and Screening and the grading standards specified in Section 6.1, H.: Grading, Filling, and/or Excavation. In addition, the following standards and guidelines shall apply:
  1. Landscaping and grading should provide continuity and harmony between development parcels;
  2. The use of native landscaping materials is strongly encouraged;
  3. The modification of existing grades should consider the scenic quality of the waterfront area and storm water management best management practices.
10. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, the following guidelines shall apply:
  1. Signs should enhance the Waterfront Overlay District’s visual appeal and its sense of place;
  2. Signs should not block views of Lake Superior;
  3. Other than small identification or directional signs, signs should not be placed so that they are visible from Lake Superior;
  4. Wall signs should be designed to fit within the architectural space intended for signage;
  5. Signs seen in relation to other signs should be compatible in location, shape, style, graphics, size, material, illumination, and color, while allowing individual expression and identification. When viewed as a whole, signs in the district should be seen as having been coordinated. A cluttered, haphazard appearance should be avoided.
11. Utilities. All utilities (including, but not limited to, telephone, electrical, and cable) shall be installed underground, where feasible. Utility components required to be above ground (including, but not limited to, transformers and meters) shall be screened by landscaping or decorative wall and/or be located away from public view.

4.47 GTWY-O Gateway Overlay District

Intent. This Section specifies general design standards and guidelines that are intended to help enhance and unify the appearance of development along the major roadways leading into and through Ashland. If the City of Ashland has adopted a plan for any area in the GTWY-O Gateway Overlay District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan. Such plans include, but are not limited to, the Ellis Avenue Redevelopment Plan and various plans included in the Ashland Comprehensive Plan.
District Boundaries. The Gateway Overlay Districts encompasses those parcels that have full or partial frontage on the following road segments.
1. U.S. Highway 2 (Lake Shore Drive) from the western to the eastern City limits.
2. Beaser Avenue from Binsfield Road to U.S. Highway 2 (Lake Shore Drive).
3. Ellis Avenue from Binsfield Road to U.S. Highway 2 (Lake Shore Drive).
4. Sanborn Avenue from Maple Lane to U.S. Highway 2 (Lake Shore Drive).
Administration.
1. General application. The design standards and guidelines specified in this Section shall apply to all properties with full or partial frontage on the gateway roads specified in this Section.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Compliance with the design standards and guidelines. Given the pattern of existing development in this District and the size and configuration of the existing parcels, it may not be feasible for all new development or redevelopment in the District to be consistent with all of the design standards and guidelines specified in this Section. Consequently, prior to action on a building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2 of this Ordinance) shall make a determination that the proposed development is consistent with the intent of the design standards and the intent of the design guidelines of this Section when considered as a whole.
4. Supremacy of regulations. In some cases, parcels may be in more than one overlay district. In case of any conflict between the regulations applicable in another applicable overlay district (or the underlying zoning district) and the design guidelines of the Gateway Overlay District, the more restrictive provisions shall take precedence.
Design Standards and Guidelines.
1. Intent and application. The following design standards and guidelines are intended to further the intent of Gateway Overlay District by providing standards and guidelines relating to specific design elements that affect the appearance and function of uses in the Gateway Overlay District. The standards and guidelines are not intended to discourage development, but to encourage development that is functional and attractive. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
2. Building setbacks. Buildings in the Gateway Overlay District shall meet the setbacks of the underlying district and relate to prevailing setbacks in the area. However, in no case shall a new building (nor an addition to an existing building) be less than fifteen (15) feet from the public right-of-way, regardless of the prevailing setback, except that parcels with frontage on one of the following road segments may be allowed to build up to the right-of-way line consistent with the pattern of existing development and provided such is consistent with the requirements of other applicable jurisdictions:
  1. Beaser Avenue from Main Street to Lake Shore Drive West (U.S. Highway 2); and
  2. Ellis Avenue from 6th Street to Lake Shore Drive (U.S. Highway 2);
3. Building design. Building design shall be consistent with the design standards specified in Section 6.2: General Building and Site Design Standards and Guidelines. In addition, the following guidelines shall apply:
  1. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, and architectural concrete. Unfinished concrete masonry units and corrugated metal or plastic siding shall be prohibited.
  2. Colors. Predominate exterior colors should generally be neutral or earth tone, but bright colors may provide a compatible accent.
  3. Walls. Walls over eighty (80) feet in length should be avoided to the extent practical. Where unavoidable, the visual impact of long walls shall be minimized with landscaping, screening, or architectural treatments of the wall (glazing, material changes, relief, etc.) that break up the monotony of the wall pursuant to Section 6.2: General Building and Site Design Standards and Guidelines.
  4. Screening. Service areas, refuse collection areas, storage areas, and loading areas shall be located away from or screened from public view.
4. Parking, access, and circulation. Parking, access, and circulation shall be as specified in Section 6.3: Parking and Loading of this Ordinance. In addition, the following guidelines shall apply:
  1. Location of parking. To the greatest extent possible, no parking shall be allowed in the front yard between the principal building and the public right-of-way. Parking should generally occur to the side or the rear of the principal building.
  2. Parking area standards. Parking areas in this District shall be asphalt or concrete.
  3. Combining of parking lots. The combining of existing, small, underutilized parking lots to create shared parking areas that are more efficient and more accessible is encouraged.
  4. Curb-cuts. The number and width of curb-cuts shall be minimized and where feasible shall occur on the side streets rather than the primary roadway. To promote pedestrian circulation, existing continuous curb cuts should be reduced to widths necessary for vehicular traffic.
  5. Connection to public trail or sidewalk. Where a public trail or sidewalk exists in the public right-of-way, the adjacent development should provide a connection to the trail or sidewalk.
5. Landscaping. Landscaping shall be consistent with the landscaping standards specified in Section 6.4: Landscaping, Buffers, and Screening. In addition, the following guidelines shall apply:
  1. Landscaped buffer. Where feasible, a minimum fifteen (15) foot wide landscaped buffer shall screen parking from the public right-of-way. Where a fifteen (15) foot landscaped buffer is not feasible, alternative screening features, such as a decorative fence, may be allowed to help provide an attractive delineation between the public right-of-way and the development.
  2. Complement streetscape. Landscaping should complement street trees and other streetscape elements in the public right-of-way.
  3. Vision triangle. Landscaping shall not interfere with the required vision triangle as specified in Section 6.1, H.: Vision Triangle of this Ordinance.
6. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, the following guidelines shall apply:
  1. Signs should enhance the Gateway Overlay District’s visual appeal and its ability to attract the traveling public.
  2. In general, wall signs should be designed to fit within the architectural space intended for signage.
  3. Signs seen in relation to other signs should be compatible in location, shape, style, graphics, size, material, illumination, and color, while allowing individual expression and identification.
  4. When viewed as a whole, signs in the district should be seen as having been coordinated. A cluttered, haphazard appearance should be avoided.
7. Utilities. All utilities (including, but not limited to, telephone, electrical, and cable) shall be installed underground, where feasible. Utility components required to be above ground (including, but not limited to, transformers and meters) shall be screened by landscaping or decorative wall and/or be located away from public view.

4.49 BCC-O Bay City Creek Overlay District

Intent. The intent of the BCC-O Bay City Creek Overlay District is to ensure that new development within the Bay City Creek Corridor helps protect and enhance quality land and water resources in the corridor. More specifically, the intent of the District is as follows:
1. Prevent the loss of high quality visual character in the corridor;
2. Prevent destructive soil erosion and stream siltation;
3. Prevent significant damage to hillsides, bluffs, and valleys caused by improper development; and
4. Prevent the destruction of mature and/or valuable trees and other vegetation and wildlife habitat in the corridor.
District Boundaries. The District boundaries shall extend three hundred (300) feet outward from both sides of the ordinary high water mark of Bay City Creek within the city limits of the City of Ashland.
Administration.
1. General application. The provisions of this Section shall apply to all new development in the Bay City Creek Overlay District, including new subdivisions, new construction, and clearing and grading of land.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Supremacy of regulations. In case of any conflict between the regulations applicable in the underlying zoning district and the regulations of the Bay City Creek Overlay District, the regulations of the Bay City Creek Overlay District shall take precedence.
Design Standards. The following design standards shall apply to all new development in the District:
1. Required undisturbed vegetative buffer. A minimum undisturbed vegetative buffer of fifty (50) feet shall be maintained on each side of Bay City Creek as measured from the ordinary high water mark. Slopes of twenty (20) percent or more extending beyond the minimum vegetative buffer shall necessitate a wider buffer. Riparian vegetation shall be established, as necessary, and maintained along the stream banks to stabilize the banks and protect water quality. Selective removal of dying, diseased, or invasive vegetation and weeds is permitted; however, replacement with native riparian vegetation is encouraged.
2. Impervious surface setbacks. All impervious surfaces shall have a minimum setback of fifty (50) feet from the ordinary high water mark of Bay City Creek and a minimum setback of thirty (30) feet from the top of bluffs. Trails, walks, footbridges, and similar uses shall be exempt from this provision provided they are not constructed in a manner that will cause destructive erosion.
3. Building setbacks. All buildings shall have a minimum setback of seventy-five (75) feet from the ordinary high water mark of Bay City Creek and a minimum setback of thirty (30) feet from the top of bluffs.
4. Grading. The grading of land for development purposes shall consider the scenic quality of the Bay City Creek Corridor. Fill operations shall not encroach into the required undisturbed vegetative buffer. Required grading shall be varied in contour to present a natural appearance. Continuity between the grades of adjacent parcels shall be maintained to greatest extent possible.
5. Additional standards in the PRI Planned Residential Institutional District. A planned unit development (PUD) in the PRI Planned Residential Institutional District may include additional design standards relating to the Bay City Creek Corridor.

4.50 F-O Floodplain Overlay

Intent. The City of Ashland finds that uncontrolled development and use of the floodplains and water bodies in the city would impair the public health, safety, convenience, general welfare, and tax base. Therefore, it is the intent of the F-O Floodplain Overlay to regulate development to accomplish the following:
1. Protect life, health, and property;
2. Minimize expenditures of public funds for flood control projects;
3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4. Minimize business interruptions and other economic disruptions;
5. Minimize damage to public facilities in the floodplain;
6. Minimize the occurrence of future flood blight areas in the floodplain;
7. Discourage the victimization of unwary land and homebuyers;
8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners;
9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use, or structure outside of the floodplain;
10. Provide for aesthetically pleasing open space adjacent to Lake Superior and other water bodies in the City of Ashland; and
11. Provide for the protection of natural resources.
General Provisions.
1. Areas to be regulated. This section regulates all areas within the limits of the City of Ashland that would be covered by the regional flood or base flood. Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as “A-Zones” on the Flood Insurance Rate Map.
2. Official floodplain maps. The boundaries of all floodplain districts are designated as floodplains or “A-Zones” on the Flood Insurance Rate Map (FIRM), community number 550005, panel number 0001, dated September 30, 1977 and panel number 0002, dated September 30, 1977, and the revisions in the City of Ashland Floodplain Appendix, if applicable.
3. Amendments to the official floodplain maps. Any changes to the base flood information in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) shall follow the amendment procedures described in Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
4. Establishment of districts. The Floodplain Overlay is divided into three (3) districts as follows:
  1. FW Floodway District. The FW Floodway District is the channel of a river or stream (or a portion of water body) and those portions of the floodplain adjoining the channel (or portion of a water body) required to carry the regional floodwaters.
  2. FF Flood fringe District. The FF Flood fringe District is that portion of the floodplain between the regional flood limits and the floodway.
  3. GFP General Floodplain District. The GFP General Floodplain District comprises those areas that have been or may be covered by floodwater during the regional flood.
5. Locating floodplain boundaries and resolving boundary discrepancies.
  1. Profile elevation. The Zoning Administrator or Designated Authorized Agent can rely on a boundary derived from a profile elevation to grant or deny a development permit, whether or not a map amendment is required. The Zoning Administrator or Designated Authorized Agent shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this Ordinance.
  2. Discrepancies. Discrepancies between boundaries on the official floodplain zoning map specified in this Section and actual field conditions shall be resolved as follows:
    1. If a flood profile exists, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevation shall govern if there are any discrepancies. Where the flood profiles are based on established base flood elevations from a Flood Insurance Rate Map, the Federal Emergency Management Agency (FEMA) must approve a map amendment, pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay;
    2. Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual onsite inspection, and any information provided by the Wisconsin Department of Natural Resources.
  3. Disputes. Disputes between the Zoning Administrator or Designated Authorized Agent and an owner of owner’s agent shall be resolved by the Zoning Board of Appeals pursuant to Section 3.12: Appeals, Variances, and Boundary Disputes relating to the Floodplain Overlay.
6. Removal of lands from the floodplain.
  1. Compliance with the provisions of this Ordinance shall not be grounds for removing land from the floodplain unless the following conditions are met:
    1. The subject area is filled at least two (2) feet above the regional or base flood elevation;
    2. The subject area filled is contiguous to land outside the floodplain; and
    3. The map is amended pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
  2. Removing land from the floodplain does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact the Federal Emergency Management Agency (FEMA) to request a Letter of Map Change (LOMC).
7. Compliance. Any development or use within the areas regulated by this Ordinance shall be in compliance with the terms of this Ordinance and other applicable, local, state, and federal regulations. Unless exempted by law, all government agencies are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.2022 of the Wisconsin Statutes applies.
8. Abrogation and greater restrictions.
  1. This Ordinance supersedes all provisions of any zoning ordinance enacted in the City of Ashland under Section 62.23 of the Wisconsin Statutes, which relates to floodplains. If another ordinance is more restrictive than this Ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. If this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
9. Interpretation. In their interpretation and application, the provisions of this Ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this Ordinance, required by Chapter NR 116 of the Wisconsin Administrative Code is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance.
10. Warning and disclaimer of liability. The flood protection standards of this Ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by human or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this Ordinance create liability on the part of, or a cause of action against, the City of Ashland or any officer or employee thereof for any flood damage that may result from reliance on this Ordinance.
Development Standards Applicable to All Floodplain Districts.
1. Hydraulic and hydrologic analyses.
  1. Except as allowed in this subparagraph, no floodplain development shall do any of the following:
    1. Obstruct flow, defined as development that blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
    2. Increase regional flood height due to floodplain storage area lost, which equals or exceeds one one-hundredths (0.01) foot.
  2. The Zoning Administrator or Designated Authorized Agent shall deny development permits if it is determined the proposed development will obstruct flow or increase regional flood heights one one-hundredths (0.01) foot or more, based on the officially adopted Flood Insurance Rate Map (FIRM) or other adopted map, unless the provisions of Subparagraph c. are met.
  3. Obstructions or increases equal to or greater than one one-hundredths (0.01) foot may only be permitted if amendments are made to this Ordinance, the official floodplain zoning map, floodway lines, and water surface profiles pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay. Any such amendments must be reviewed and approved by the Regional Office of the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
2. Watercourse alterations.
  1. No development permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator or Designated Authorized Agent has notified in writing all adjacent municipalities, the Regional Office of the Department of Natural Resources, and the Federal Emergency Management Agency (FEMA) and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
  2. As soon as practical, but not later than six (6) months, after the date of the watercourse alteration or relocation, the Zoning Administrator or Designated Authorized Agent shall notify the Federal Emergency Management Agency (FEMA) of the changes by submitting appropriate technical or scientific data in accordance with National Flood Insurance Program (NFIP) guidelines that shall be used to revise the Flood Insurance Rate Map (FIRM), risk premium rates, and floodplain management regulations as required.
3. Development of docks, piers, wharves, bridges, and similar structures. Development that requires a permit from the Wisconsin Department of Natural Resources under Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes, such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, base flood elevations established in the Flood Insurance Study, or other data from the officially adopted Flood Insurance Rate Map (FIRM), or other floodplain zoning maps or the provisions of this Section are made pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
4. Public or private campgrounds. Public or private campgrounds in the Floodplain Overlay shall have a low flood damage potential and shall meet the following provisions:
  1. The campground is approved by the Wisconsin Department of Health Services;
  2. A development permit for the campground is issued by the Zoning Administrator or Designated Authorized Agent;
  3. The character of the water body and the elevation of the campground are such that a seventy-two (72) hour warning of an impending flood can be given to all campground occupants;
  4. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this Section to all persons in the campground. The procedure shall include a written agreement between the campground owner, the local emergency government coordinator, and chief law enforcement official, which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used, and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
  5. This agreement shall be for no more than one (1) calendar year, at which time the agreement shall be reviewed and updated (by the officials specified in Subparagraph d. above) to remain in compliance with all applicable regulations, including those of the Wisconsin Department of Health Services and all other applicable regulations;
  6. Only camping units are allowed;
  7. The camping units may not occupy any site in the campground for more than one hundred eighty (180) consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of twenty-four (24) hours;
  8. All camping units that remain on site for more than thirty (30) days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed one hundred eighty (180) days and shall ensure compliance with all provisions of this Section;
  9. The City of Ashland shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this Section;
  10. All camping units that remain in place for more than one hundred eighty (180) consecutive days shall meet the applicable requirements Subsection D or Subsection E of this Section for the floodplain district in which the structure is located;
  11. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued;
  12. All service facilities, including, but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems, and wells shall be properly anchored and placed at or flood proofed to the flood protection elevation.
Development Standards Applicable to the FW Floodway District.
1. Applicability. This Subsection applies to all floodway areas on the official floodplain zoning maps or as may be amended pursuant to this Section.
2. Permitted uses. The following open space uses shall be allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited in the underlying zoning district, they meet the standards of this Subsection, and all permits or certificates have been issued pursuant to this Ordinance:
  1. Agricultural uses, including, but not limited to, farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting;
  2. Nonstructural industrial and commercial uses, such as loading areas, parking areas, and airport landing strips;
  3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas, and hiking and horseback riding trails, subject to the fill limitations of this Subsection;
  4. Uses or structures accessory to open space uses, or classified as historic structures that comply with this Subsection;
  5. Extraction of sand, gravel, or other materials that comply with this Subsection;
  6. Functionally water-dependent uses, such as docks, piers, wharves, dams, flowage areas, culverts, navigational aids, and river crossings of transmission lines and pipelines that comply with Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes;
  7. Public utilities, streets, and bridges that comply with this Subsection.
3. Standards for development in floodway areas.
  1. General.
    1. Any development in floodway areas shall comply with Subsection C, General Standards Applicable to All Floodplain Districts and have low flood damage potential.
    2. Applicants shall provide the following data to determine the effects of the proposal according to the hydraulic and hydrologic analyses specified in Subsection C:
      1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
      2. An analysis calculating the effects of this proposal on regional flood height.
    3. The Zoning Administrator or Designated Authorized Agent shall deny the development permit application if the project will increase flood elevations upstream or downstream one one-hundredths (0.01) foot or more, based on the data submitted in Clause (2) above.
  2. Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
    1. The structure is not designed for human habitation and does not have a high flood damage potential;
    2. The structure must be anchored to resist flotation, collapse, and lateral movement;
    3. Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and
    4. The structure must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
  3. Public utilities, streets, and bridges. Public utilities, streets, and bridges may be allowed by permit if the following conditions are met:
    1. Adequate flood proofing measures are provided to the flood protection elevation; and
    2. Construction meets the development standards specified in Subsection C.,1. of this Section.
  4. Fills or deposition of materials. Fills or deposition of materials may be allowed by permit if the following conditions are met:
    1. The requirements of Subsection C.,1. of this Section are met;
    2. No material is deposited in the navigable channel unless a permit issued by the Wisconsin Department of Natural Resources pursuant to Chapter 30 of the Wisconsin Statutes, and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 United States Code 1344 has been issued, if applicable, and the other requirements of this Section are met;
    3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling, or bulkheading; and
    4. The fill is not classified as a solid or hazardous material.
4. Prohibited uses. All uses not listed as permitted uses in the Floodway District are prohibited, including the following uses:
  1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
  2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish, or other aquatic life;
  3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
  4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Wisconsin Department of Natural Resources approved campgrounds that meet the applicable provisions of local ordinances and Chapter SPS 383 of the Wisconsin Administrative Code.
  5. Any public or private wells that are used to obtain potable water, except those for recreational areas that meet the requirements of the City of Ashland’s ordinances and Chapter NR 811 of the Wisconsin Administrative Code and Chapter NR 812, Wisconsin Administrative Code;
  6. Any solid or hazardous waste disposal sites;
  7. Any wastewater treatment ponds or facilities, except those permitted under Section NR 110.15,(3),(b) of the Wisconsin Administrative Code; or
  8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
Development Standards Applicable to the FF Flood fringe District.
1. Applicability. This Subsection applies to flood fringe areas shown on the official floodplain zoning maps or as may be amended pursuant to this Section.
2. Permitted uses. Any structure, land use, or development is allowed in the Flood fringe District if they are not prohibited in the underlying zoning district, they meet the standards of this Subsection, and all permits or certificates have been issued pursuant to this Ordinance.
3. Standards for development in flood fringe areas. In addition the following requirements, any development in floodway areas shall comply with Subsection C, General Standards Applicable to All Floodplain Districts and have low flood damage potential.
  1. Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the flood fringe area, shall meet or exceed the following standards:
    1. The elevation of the lowest floor, excluding the basement or crawlspace, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least fifteen (15) feet beyond the limits of the structure. The Wisconsin Department of Natural Resources may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;
    2. The basement or crawlspace floor may be placed at the regional flood level if it is floodproofed to the flood protection elevation. No basement or crawlspace floor is allowed below the regional flood elevation;
    3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Clause (4) below;
    4. In development where existing street or sewer line elevations make compliance with Clause (3) above impractical, the City of Ashland may permit new development and substantial improvements where access roads area at or below the regional flood elevation if one or more of the following conditions are met:
      1. The City of Ashland has written assurance from police, fire, and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Wisconsin Department of Natural Resources.
  2. Accessory structures or uses.
    1. Except as provided in Clause (2) below, an accessory structure that is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
    2. An accessory structure that is not connected to the principal structure and that is less than six hundred (600) square feet in size and valued at less than ten thousand dollars ($10,000) may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two (2) feet per second and it meets all the provisions of Subsection D.,3.,b.,Structures of this Section and Subsection E.,3.,e., Storage of Materials of this Section.
  3. Commercial uses. Any commercial structure that is erected, altered, or moved into the floodfringe area shall meet the requirements of this Subsection. Subject to the requirements of Subsection E.,3.,e., Storage of Materials of this Section, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  4. Manufacturing and industrial uses. Any manufacturing and industrial structure that is erected, altered, or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures specified in this Section. Subject to the requirements of Subsection E.,3.,e., Storage of Materials, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  5. Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with this Section. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
  6. Public utilities, streets, and bridges. All utilities, streets, and bridges shall be designed to be compatible with comprehensive floodplain development plans and as follows:
    1. When failure of public utilities, streets, and bridges would endanger public health or safety, or where such utilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with this Section to the flood protection elevation; and
    2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
  7. Sewage systems. All onsite sewage disposal systems shall be floodproofed, pursuant to this Section, to the flood protection elevation and shall meet the provisions of all local ordinances and Chapter SPS 383 of the Wisconsin Administrative Code.
  8. Wells. All wells shall be floodproofed, pursuant to this Section, to the flood protection elevation and shall meet the provisions of Chapter NR 811 of the Wisconsin Administrative Code and Chapter NR 812 of the Wisconsin Administrative Code.
  9. Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
  10. Deposition of materials. Any deposited material must meet all the provisions of this Ordinance.
  11. Manufactured homes.
    1. Owners or operators of all manufactured home communities and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
    2. In existing manufactured home communities, all new homes, replacement homes on existing pads, and substantially improved homes shall have the lowest floor elevated to the flood protection elevation and be anchored so they do not float, collapse, or move laterally during a flood.
    3. Outside of existing manufactured home communities, including new manufactured home communities and all single units outside existing manufactured home communities, all new, replacement, and substantially improved manufactured homes shall meet the residential development standards for the flood fringe as specified in this Section.
  12. Mobile recreational vehicles. All mobile recreational vehicles that are on site for one hundred eighty (180) consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements specified in this Section. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices, and has not permanently attached additions.
Development Standards Applicable to the GFP General Floodplain District.
1. Applicability. The provisions of the General Floodplain District shall apply to all floodplains for which flood profiles are not available or where flood profiles are available, but floodways have not been delineated. Floodway and flood fringe districts shall be delineated when adequate information is available.
2. Permitted uses.
  1. Pursuant to Subsection F.,4., Determining Floodway and Flood fringe Limits, it shall be determined whether the proposed use is located within a floodway or flood fringe area.
  2. Those uses permitted in the floodway and flood fringe areas as specified in this Section are allowed within the General Floodplain District, according to the standards of this Subsection and provided that all permits or certificates required under this Section have been issued.
3. Standards for development in the General Floodplain District. Subsection D., Development Standards Applicable to the FW Floodway District applies to floodways. Subsection E., Development Standards Applicable to the FF Flood fringe District applies to flood fringe areas. All other provisions of this Section apply to either district.
4. Determining floodway and flood fringe limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Require the applicant to submit two copies of an aerial photograph or a plan that shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations, and floodproofing measures;
  2. Require the applicant to furnish any of the following information deemed necessary by the Wisconsin Department of Natural Resources to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation, and to determine floodway boundaries:
    1. A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information;
    2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
    3. Profile showing the slope of the bottom of the channel or flow line of the stream; and
    4. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply, and sanitary facilities.
  3. Transmit one copy of the information described in 4.,a. and 4.,b. of this Subsection to the Regional Office of the Wisconsin Department of Natural Resources with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. If a development permit is required, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

4.51 WET-O Wetland Overlay District

Intent. Uncontrolled use of the shoreland and wetlands and pollution of the navigable waters of City of Ashland would adversely affect the public health, safety, convenience, and general welfare, and impair the tax base. Consequently, the intent of the WET-O Wetland Overlay District is to accomplish the following:
1. Promote the public health, safety, convenience, and general welfare;
2. Maintain the storm and flood water storage capacity of wetlands;
3. Prevent and control water pollution by preserving wetlands, which filter or store sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
4. Protect fish, their spawning grounds, other aquatic life, and wildlife by preserving wetlands and other aquatic habitat;
5. Prohibit certain uses detrimental to the shoreland and wetland areas; and
6. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland and wetland excavation, filling and other earth moving activities.
General Provisions.
1. Compliance. The use of wetlands and the alteration of wetlands within the City of Ashland shall be in full compliance with the provisions of this Ordinance and other applicable, local, state, or federal regulations. All permitted development shall require the issuance of a development permit or building permit unless otherwise expressly excluded by this Ordinance. Unless exempted by law, all government agencies are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.12,(4),(a) of the Wisconsin Statutes applies.
2. Abrogation and greater restrictions.
  1. This Ordinance supersedes all provisions of any ordinance adopted by the City of Ashland under Section 62.23 of the Wisconsin Statutes, which relates to floodplains and shoreland-wetlands, except that where another applicable ordinance is more restrictive than this Ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This Ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
3. Interpretation. In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this Ordinance is required by a standard in Chapter NR 117 of the Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance.
District Boundaries.
1. Wetland zoning maps. The following maps are hereby adopted and made part of this Ordinance and are on file in the Office of the Clerk of the City of Ashland:
  1. Wisconsin Wetland Inventory maps stamped “FINAL” on December 17, 1985;
  2. Floodplain zoning maps titled “Flood Insurance Rate Map” dated September 30, 1977;
  3. United States Geological Survey quadrangle maps current at the time of the adoption of this Ordinance; and
  4. Official City Zoning Map.
2. District boundaries. The Wetland Overlay District includes, at a minimum, all wetlands in the City of Ashland that are five (5) acres or more and that are shown on the Wisconsin Wetland Inventory Map stamped “Final”, which has been adopted and made a part of this Ordinance, and provided that the wetlands are consistent with the following conditions:
  1. Within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the city shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Ordinance; or
  2. Within three hundred (300) feet of the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Ordinance. The adopted Flood Insurance Rate Maps or other adopted community floodplain maps used to delineate the floodplain area shall be used to determine the extent of the floodplain areas.
3. Determinations of navigability and ordinary high water mark location. Determinations of navigability and ordinary high water mark locations shall be made by the Zoning Administrator or Designated Authorized Agent. When questions arise, the Zoning Administrator or Designated Authorized Agent shall contact the Regional Office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high water mark.
4. Discrepancies between the official maps and field conditions. When an apparent discrepancy exists between the Wetland Overlay District boundary shown on the adopted maps and actual field conditions at the time the maps were adopted, the Zoning Administrator or Designated Authorized Agent shall contact the appropriate District Office of the Wisconsin Department of Natural Resources to determine if the Wetland Overlay District boundary as mapped, is in error. If the Wisconsin Department of Natural Resources staff concur with the Zoning Administrator or Designated Authorized Agent that a particular area was incorrectly mapped as a wetland, the Zoning Administrator or Designated Authorized Agent shall have the authority to immediately grant or deny a development permit or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in this Section, the Zoning Administrator or Designated Authorized Agent shall be responsible for initiating a map amendment within a reasonable time.
5. Additional wetlands. From time to time the City of Ashland may amend this Ordinance to include additional wetlands in this District pursuant to the procedures specified in Section 3.7., Map and/or Text Amendment to the Wetland Overlay District.
Uses.
1. Permitted uses. The following uses are permitted subject to the provisions of Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes, and the provisions of all other applicable local, state, and federal laws:
  1. Activities and uses that do not require the issuance of a development permit or building permit, provided that no wetland alteration occurs:
    1. Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;
    2. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
    3. The practice of silviculture, including the planting, thinning, and harvesting of timber;
    4. The pasturing of livestock;
    5. The cultivation of agricultural crops; and
    6. The construction and maintenance of duck blinds.
  2. Uses that do not require the issuance of a development permit or building permit and that may involve wetland alterations only to the extent specifically provided below:
    1. The practice of silviculture, including limited temporary water level stabilization measures that are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
    2. The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
    3. The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
    4. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
    5. The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges built on pilings, including limited excavating and fill necessary for such construction or maintenance;
    6. The installation and maintenance of sealed tiles for the purpose of draining lands outside the Wetland Overlay District, provided that such installation or maintenance is done in a manner designed to minimize impacts upon the natural functions of the wetland specified in this Section; and
    7. The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
  3. Uses that are allowed upon the issuance of a development permit or building permit and that may include wetland alterations only to the extent specifically provided below:
    1. The construction and maintenance of roads that are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted under this Section, provided that the following conditions are met:
      1. The road cannot, as a practical matter, be located outside the wetland;
      2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland specified in this Section;
      3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
      4. Road construction activities are carried out in the immediate area of the roadbed only; and
      5. Any wetland alteration must be necessary for the construction or maintenance of the road.
    2. The construction and maintenance of nonresidential buildings provided that the following conditions are met:
      1. The building is used solely in conjunction with a use permitted in this Section or for the raising of waterfowl, minnows, or other wetland or aquatic animals;
      2. The building cannot, as a practical matter, be located outside the wetland;
      3. The building does not exceed five hundred (500) square feet in floor area; and
      4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
    3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural, and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves, and public boat launching ramps, provided that the following conditions are met:
      1. Any private development under this clause shall be used specifically for the permitted purpose;
      2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of park shelters, or similar structures is allowed;
      3. The construction and maintenance of roads necessary for the uses permitted under this Clause are allowed only where such construction and maintenance meets the criteria specified in Subsection D., 1., c.,(1) of this Section; and
      4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
    4. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines, sewage collection lines and related facilities, and the construction and maintenance of railroad lines provided that the following are conditions are met:
      1. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
      2. Only limited filling and excavating necessary for such construction or maintenance is allowed; and
      3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland as specified in Section 3.7: Map and/or Text Amendments to the Wetland Overlay District.
2. Prohibited uses.
  1. Any use not listed as a permitted use in this Section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this Ordinance pursuant to Section 3.7: Map and/or Text Amendments to the Wetland Overlay District.
  2. The use of a boathouse for human habitation, and the construction or placement of a boathouse or fixed boathouse below the ordinary high water mark of any navigable waters, is prohibited.

4.52-4.54 (Reserved)

(Reserved for potential additional overlay districts other than PUDs.)

4.55 PUD Planned Unit Development Overlay District

Intent. The Planned Unit Development (PUD) Overlay District is intended to encourage efficient use of land and provision of amenities by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the parcel restrictions of the standard or underlying zoning districts of this Ordinance.
Applicability.
1. Ownership. A tract of land proposed to be developed as a planned unit development (PUD) shall be under the control of a single owner, partnership, corporation, or association where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district and to record such covenants, easement, and other provisions with Ashland County.
2. Minimum area. A planned unit development shall have a minimum of ten (10) acres unless specified otherwise in this Ordinance. However, the Zoning Administrator, Plan Commission or Designated Authorized Agent may waive the minimum area requirement if the Zoning Administrator, Plan Commission or Designated Authorized Agent finds that it is in the best interest of the community to allow a planned unit development with an area of less than ten (10) acres.
3. Condominium projects. Condominium projects with jointly owned common spaces and/or commonly owned structural walls, roofs, or other structural elements must be approved as Planned Unit Development if, as a result of a condominium division of the land, the parcel requirements of the district in which the development is located cannot otherwise be met. This requirement would apply to townhouses where the resulting parcel size would be less than otherwise required.
4. Conservation subdivision development. Conservation subdivision developments pursuant to Section 4.56 Conservation Subdivision Overlay District shall be processed in accordance with the planned unit development provisions of this Section.
5. Traditional neighborhood design development. Traditional neighborhood design developments pursuant to Section 4.57: Traditional Neighborhood Design Overlay District shall be processed in accordance with planned unit development provisions of this Section.
Administration. Refer to Section 3.8: Creation of a Planned Unit Development (PUD) Overlay District for application and administration of the Planned Unit Development (PUD) Overlay District.

4.56 Conservation Subdivision Overlay District

Intent. The intent of this Section is to allow the optional development and redevelopment of land in the City of Ashland consistent with the principles of conservation subdivision developments and in accordance with planned unit development (PUD) procedures. For the purpose of this Ordinance, a conservation subdivision development is intended to allow for a more compact layout of rural residential uses than is typically allowed in conventional rural residential development in return for the conservation of a large contiguous area of common open space that helps conserve rural character or significant natural or cultural resources. More specifically, the intent of the Conservation Subdivision Overlay District is as follows:
1. Guide the future growth and development of the community consistent with the City of Ashland’s adopted Comprehensive Plan;
2. Guide the detailed analysis of land so as to locate and coordinate appropriate areas for development and conservation;
3. Preserve rural character through the permanent preservation of meaningful open space and sensitive natural resources;
4. Preserve scenic views by minimizing views of new development from existing roads;
5. Preserve agricultural land by concentrating housing on lands that have low agricultural potential;
6. Provide commonly owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;
7. Provide for a diversity of parcel sizes, housing choices, and building densities to accommodate a variety of age and income groups;
8. Provide buffering between residential development and non-residential uses;
9. Protect and restore environmentally sensitive areas and biological diversity, minimize disturbance to significant existing vegetation, and maintain environmental corridors;
10. Preserve significant archaeological sites, historic buildings, and their settings; and
11. Meet demand for housing in a rural setting.
Applicability. A conservation subdivision development is allowed pursuant to the following conditions:
1. Allowable underlying zoning district. A conservation subdivision development shall only be allowed in the FD Future Development District;
2. Minimum area. A conservation subdivision development shall have a minimum area of twenty acres (20) acres or more;
3. Minimum of four residential parcels. The conservation subdivision development shall have at least four (4) residential parcels;
4. Planned unit development. A conservation subdivision development shall be designed and processed pursuant to the planned unit development procedures specified in Section 4.55 PUD Planned Unit Development Overlay District and Section 3.8: Creation of a Planned Unit Development (PUD) Overlay; and
5. Plat. The creation of a conservation subdivision shall require preliminary and final plat approval pursuant to Section 3.23: Preliminary Plat and Section 3.24: Final Plat.
Permitted Uses and Density.
1. Permitted uses. Single-family detached residential dwellings, agriculture, parks, open space, and similar and related uses are the only permitted uses in a conservation subdivision development. Commercial and industrial uses shall be prohibited.
2. Overall density and development yield. The overall density for the parent parcel is the same as would be allowed for a conventional development in the FD Future Development District, except the base development yield may be increased if the development complies with one or more of the following standards. Each standard provides a development yield bonus of five (5) percent in addition to the base development yield. The maximum bonus permitted is twenty (20) percent.
  1. Endowment. Creation of an endowment where the principal would generate sufficient annual interest to cover the conservation easement holder’s yearly costs relating to taxes, insurance, maintenance, enforcement, and similar items.
  2. Public access. Provision of access by the general public to trails, parks, or other recreational facilities, excluding golf courses.
  3. Affordable housing. Provision of affordable housing, to include a minimum of twenty-five (25) percent of all units that would be affordable to moderate income households, as defined by the United State Department of Housing and Urban Development.
  4. Historical buildings. Reuse of historical buildings and structures, including those sites inventoried by the State Historical Society of Wisconsin. The United States Secretary of the Interior’s Standards for Rehabilitation of Historic Properties shall apply.
Design Standards.
1. Design theme. Conservation subdivision developments shall develop a conservation theme or themes. This theme shall be identified at the time of the initial planned unit development (PUD) application. Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural habitat restoration, viewshed preservation, or archaeological and historic properties preservation. The Plan Commission shall have the ability to specify which areas shall be preserved.
2. Residential parcel requirements.
  1. Parcel size. The minimum parcel size with onsite septic shall be one (1) acre. The minimum parcel size with off-site or community septic shall be one-quarter (1/4) acre.
  2. Setback requirements for principal buildings. The setbacks of underlying FD Future Development District may be modified as follows for an approved conservation subdivision development:
    1. Minimum principal building setback from the front parcel line or corner street side parcel line: Twenty five (25) feet;
    2. Minimum principal building setback from interior side parcel line: Eight (8) feet;
    3. Minimum principal building setback from rear parcel line: Thirty-five (35) feet.
  3. Height requirements for principal buildings. Principal buildings shall not exceed two stories above grade or thirty-five (35) feet in height.
  4. Size, height, and setback requirements of accessory buildings. The size, height, and setback requirements shall be as specified in Section 5.6, A.: Accessory Building.
  5. Maximum impervious coverage. Parcels shall be configured to minimize the amount of impervious surfaces, but in no case shall the impervious coverage of parcel exceed thirty-five (35) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  6. Access. Most parcels shall take access from an interior local street. However existing farmsteads to be preserved may have a driveway as part of the historic landscape that does not access a local street.
  7. Streets. Parcels shall, to the maximum extent practical, be configured to minimize the amount of street length required for the development.
  8. Development envelopes. Development envelopes shall, to the maximum extent practical, be configured to minimize the loss of trees and other significant resources. Development envelopes shall not be located on ridges, hilltops, along peripheral public roads, or in other visually prominent areas.
  9. Agricultural uses. If agricultural uses are being maintained, parcels shall be configured in a manner that maximizes the usable area remaining for such agricultural uses with appropriate buffers between agricultural uses and residential structures.
  10. Common open space. All parcels within a neighborhood should abut common open space on at least one side. A local street may separate parcels from open space. Parcels should generally be oriented around a central green square and/or a physical amenity such as a meadow, a stand of trees, or some other natural or restored feature.
  11. Energy efficiency. Residential structures should be sited to maximize energy efficiency.
3. Residential cluster siting standards and guidelines.
  1. Residential clusters. All residential parcels and dwellings shall be grouped into clusters. Each cluster shall contain no less than four (4) dwelling units and no more than twenty (20) dwelling units.
  2. Location of residential clusters. Residential clusters shall be located to minimize negative impacts on the natural, scenic, and cultural resources of the site and conflicts between compatible uses.
  3. Encroachment on significant natural resources prohibited. Residential clusters shall avoid encroaching on rare plant communities, sites with high environmental or cultural qualities, or endangered species identified by the Department of Natural Resources.
  4. Connections to adjacent open space. Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.
  5. Siting criteria. Residential clusters shall be sited to achieve the following goals, to the extent practical:
    1. Minimize impacts to agricultural uses and avoid interference with normal agricultural practices;
    2. Minimize disturbance to woodlands, wetlands, grasslands, and specimen trees;
    3. Prevent downstream impacts due to runoff through adequate onsite storm water management practices pursuant to the provisions of this Ordinance;
    4. Protect scenic views of open land from adjacent roads. Visual impact shall be minimized through use of landscaping or other features; and
    5. Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.
  6. Landscape screening. Landscaping around the cluster may be necessary to reduce off-site views of residence.
4. Common open space design standards and guidelines.
  1. Ownership and use. The minimum common open space required shall be owned and maintained under one of the alternatives listed in this Section and as approved by the Common Council. The uses within the open space shall be accessible to residents of the development. These uses may also be available to the general public providing the proper approvals are received. The required common open space shall be undivided and restricted in perpetuity from future development as specified in this Section.
  2. Minimum area. Common open space shall be designated as part of the development. The minimum required common open space is sixty (60) percent of the gross acreage.
  3. Priorities. The areas to be preserved as common open space shall be identified on an individual basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site. In general, common open space priorities shall be as follows:
    1. First priority shall be given to intact natural communities, rare and endangered species, environmental corridors, natural and restored prairies, significant historic and archaeological properties, and steep slopes;
    2. Second priority shall be given to areas providing some plant and wildlife habitat and open spaces values;
    3. Third priority shall be given to areas providing little habitat, but providing viewshed, recreation, or a sense of open space.
  4. Allowable structures. The following areas or structures may be located within the common open space area and shall be counted toward the overall common open space percentage required:
    1. Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space;
    2. Privately held buildings or structures provided they are accessory to the use of the common open space;
    3. Shared septic systems and shared potable water systems.
  5. Street right-of-ways. Street right-of-ways shall not be counted toward the required minimum common open space.
  6. Water bodies. No more than fifty (50) percent of the required common open space may consist of water bodies, ponds, floodplains, or wetlands.
  7. Plant and animal habitat. That portion of the common open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas to the extent practical.
  8. Recreational use. Accessible common open space in upland areas shall be available for recreational uses such as trails, play areas, or community gardens, but shall be designed in a manner that avoids adversely impacting archaeological sites.
  9. Trails. A trail system connection common open space areas accessible to neighborhood residents, and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the conservation subdivision plan.
5. Sewage and water facilities.
  1. Drinking water. Unless municipal water service is readily available, water for a conservation subdivision shall be provided by individual onsite wells or by one or more community wells meeting the requirements of the State of Wisconsin and the City of Ashland. The use of shared or community wells is encouraged. Plans for shared or community wells shall include a wellhead protection plan with separation distances for the zones of influence and sources of pollution.
  2. Sanitary sewer. Unless municipal sanitary sewer is readily available, sewer for a conservation subdivision shall be provided with an onsite sewage system that complies with the requirements of the State of Wisconsin and the City of Ashland. The use of a common sewage treatment system and disposal unit located on the common open space is encouraged.

4.57 Traditional Neighborhood Design Overlay District

Intent. The intent of this Subsection is to allow the optional development and redevelopment of land in the City of Ashland consistent with the principles of traditional neighborhood design and in accordance with planned unit development (PUD) procedures. For the purpose of this Ordinance, a traditional neighborhood design is intended to have the following characteristics:
1. A more compact layout of buildings and uses than is typically allowed in conventional developments;
2. An emphasis on building and site design that relates well to the human scale;
3. A mixture of uses that may include residential, commercial, civic, light industries, green industries, and open spaces in close and harmonious relationship with one another in the neighborhood;
4. A mixture of housing styles, types, and sizes to accommodate a variety of household ages, sizes, and incomes;
5. A system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists, and provides for connections to existing and future developments;
6. Preservation of existing buildings with historical or architectural features that enhance the visual character of the community;
7. Incorporation of significant environmental features into the development; and
8. Consistency with the goals, objectives, policies, and plans of the adopted Comprehensive Plan of the City of Ashland.
Applicability. A traditional neighborhood design development may be allowed pursuant to the following:
1. Allowable underlying zoning districts. A traditional neighborhood design development shall only be allowed in the following underlying zoning districts:
  1. MRC Mixed Residential/Commercial District;
  2. PRI Planned Residential/Institutional District;
  3. CC City Center District;
  4. W-MRC Waterfront Mixed Residential/Commercial District;
  5. W-CRM Waterfront Conference/Residential Mix; or
  6. W-CC Waterfront City Center District.
2. Minimum area. A traditional neighborhood design development shall have an area of at least twenty (20) acres if located in the PRI Planned/Residential Institutional District or at least ten (10) acres if located in another allowable district. However, the Common Council can waive the minimum area requirement if the Council finds that the proposed development is consistent with the intent of this Section and that the development would be in the best interest of the community.
3. Planned unit development. A traditional neighborhood design development shall be designed and processed pursuant to the planned unit development procedures specified in Section 4.55: PUD Planned Unit Overlay District and Section 3.8: Creation of a Planned Unit Development (PUD) Overlay District.
4. Plat. The creation of a traditional neighborhood design development shall require preliminary and final plat approval pursuant to Section 3.23: Preliminary Plat and Section 3.24: Final Plat.
Uses. Traditional neighborhood design developments shall have a mixture of uses consistent with the permitted uses and conditional uses in the underlying zoning district. In cases where a traditional neighborhood design involves infill or redevelopment, existing adjacent uses may help satisfy the desired mixture of uses. The mixture of uses shall be consistent with the following criteria:
1. Residential. To the maximum extent practical, the development shall provide a mixture of housing to address the diverse needs of the community. Housing may include single-family detached dwellings, single-family attached dwellings, multi-family dwellings, accessory dwellings, community living arrangements, and assisted living facilities where appropriate in the underlying districts. The housing shall also be designed to address a diverse range of incomes.
2. Commercial. A variety of commercial uses that cater to the daily needs of the development shall be provided within the development. Such uses may include neighborhood convenience stores, coffee shops, personal service uses, and similar uses. Individual commercial uses shall not exceed two thousand five hundred (2,500) feet. Commercial uses shall be designed and placed to promoted pedestrian access.
3. Industry. Light industries and/or green industries may be appropriate in certain underlying districts. Industry shall be compatible with the residential and commercial uses in the development.
4. Public, civic, and institutional uses. Where feasible, public, civic, and institutional uses shall be integrated into the development. Such uses may include schools, religious institutions, community centers, and similar uses.
5. Open space. At least ten (10) percent of the development shall consist of common open space accessible to the public. The type of open space will depend on the underlying zoning district in which the development is located.
6. Ratio of residential to non-residential uses. The total area of non-residential uses shall not exceed twenty-five (25) percent of the total area of the traditional neighborhood design development.
Design Standards and Guidelines. A traditional neighborhood design development shall be designed with coordinated and harmonious building and site design integrated throughout the entire development. In addition to the design standards specified in Section 6.2: General Building Design Standards and Guidelines, design standards for traditional neighborhood design developments are as follows:
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other dimensional requirements shall be similar to the dimensional requirements of the underlying zoning district. However, the dimensional requirements can be adjusted pursuant to the planned unit development (PUD) procedures of this Ordinance.
2. Distinct character. A variety of architectural features and building materials shall be provided to give each building or group of buildings a distinct character that relates to the overall theme of the development.
3. Building height. Buildings shall not exceed the height requirements of the underlying zoning district. Buildings shall generally be no more than thirty (30) percent taller or thirty (30) percent shorter than the average building height on the block.
4. Entries and facades. The maximum extent practical, entries and facades shall comply with the following guidelines:
  1. The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street;
  2. The front façade of the principal building on any parcel shall face onto a public street;
  3. The front façade shall not be oriented to face directly toward a parking lot;
  4. All building entrances shall be clearly identified through architectural features;
  5. For commercial buildings, a minimum of fifty (50) percent of the front façade on the street level shall be transparent, consisting of window and door openings that allow views into and out of the interior; and
  6. New structures on opposite sides of the same street shall follow similar design guidelines.
5. Exterior signage. A comprehensive sign program is required for the entire development that establishes a uniform theme. Signs shall have a common style based on size, shape, color, and material.
6. Landscaping and screening. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. Larger, well-placed contiguous plantings are preferred to smaller disconnected areas.
7. Energy efficiency. Structures should be sited to maximize energy efficiency.

2024-2003

2021-1947

Ashland City Zoning Code

PART 4

Zoning Districts

4.1 Zoning District Regulations

Intent. The intent of Part 4: Zoning Districts is to establish zoning districts within the City of Ashland that correspond with the Land Use Plan and the City’s vision, goals, objectives, and policies for sustainable growth and development as described in the City’s Comprehensive Plan.
Relationship of Zoning Districts to the Comprehensive Plan. The zoning district requirements and the delineation of zoning district boundaries on the Zoning Map shall be consistent with the goals, objectives, and policies of the City of Ashland Comprehensive Plan. The zoning district boundaries and rezoning requests shall also relate to the Land Use Plan Map and the Staged Growth plans of the Comprehensive Plan. The official Comprehensive Plan is on file in the office of the Zoning Administrator.
Establishment of Zoning Districts. The City of Ashland is divided into the following base (underlying) zoning districts as regulated in this Ordinance and as shown on the Zoning Map.
1. R-E Residential Estate District
2. R-1 Single-Family Residential District
3. R-2 Single and Two-Family Residential District
4. R-3 Medium Density Residential District
5. R-4 High Density Residential District
6. MHC Manufactured Home Community (Mobile Home Park) District
7. MRC Mixed Residential/Commercial District
8. PRI Planned Residential/Institutional District
9. NC Neighborhood Convenience District
10. RC Regional Commercial District
11. CC City Center District
12. MCI Mixed Commercial/Industrial District
13. LI Light Industrial District
14. HI Heavy Industrial District
15. W-SFR Waterfront Single-Family Residential District
16. W-MRC Waterfront Mixed Residential/Commercial District
17. W-CRM Waterfront Conference/Residential Mix District
18. W-C Waterfront Commercial District
19. W-CC Waterfront City Center District
20. W-I Waterfront Industrial District
21. W-PI Waterfront Public/Institutional District
22. PI Public/Institutional District
23. PP Public Parks District
24. FD Future Development District
25. AIR Airport District
  
  The City of Ashland is divided into the following overlay zoning districts as regulated by this Ordinance and as may be shown on the Zoning Map or illustrated or described within this Ordinance.
26. W-O Waterfront Overlay District
27. GTWY-O Gateway Overlay District
28. BCC-O Bay City Creek Overlay District
29. F-O Floodplain Overlay
30. WET-O Wetland Overlay
31. PUD Planned Unit Development Overlay District
32. Conservation Subdivision Overlay District
33. Traditional Neighborhood Design Overlay District
Zoning Map.
1. Location and boundaries of zoning districts. The location and boundaries of the zoning districts established by this Ordinance are set forth on the Zoning Map, which is hereby incorporated as part of this Ordinance, or are set forth in the pertinent sections of this Ordinance.
2. Official Zoning Map and copies. An official Zoning Map shall be created and kept on file in the office of the Zoning Administrator. Paper or electronic copies of the official Zoning Map may be created for ease of access. Copies shall not be considered the official Zoning Map and shall contain a disclaimer stating that the information may not be current and directing the user to the office of the Zoning Administrator for the official Zoning Map.
3. Map format. The Zoning Map may be in hard copy or electronic format or both.
4. Changes to district boundaries. Changes to zoning district boundaries must be approved by the Common Council pursuant to Section 3.3: Zoning Map Amendments (Rezoning). The Zoning Administrator or Designated Authorized Agent shall record any approved change on the official Zoning Map after approval by the Common Council.
5. Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any zoning district as shown on the Zoning Map, the following rules shall apply:
  1. Parcel lines. Boundaries indicated as approximately following parcel lines shall be construed as following such parcel lines.
  2. Street centerlines. Boundaries indicated as approximately following centerlines of streets or highways, street lines, or highway right-of-way lines shall be construed as following such lines.
  3. Centerlines extended. Boundaries indicated as approximately parallel to or extensions of the centerlines or right-of-way lines of streets, or the centerlines or right-of-way lines of highways, shall be construed as being parallel to or extensions of and at such distance there from as indicated on the Zoning Map. If no distance is given, the distance shall be determined using the Zoning Map scale.
  4. Water bodies. Boundaries shown following a water body shall be deemed to be located along the shores of the water body unless designated otherwise in this Ordinance.
  5. Railroad right-of-way. Boundaries shown following a railroad line shall be deemed to be located midway between the main tracks of the railroad line.
  6. Parcel divisions. Where a district boundary divides a single parcel:
    1. Except where required under 4.1, D., 5., f., (2), the Zoning Administrator or Designated Authorized Agent shall extend to the entire lot all provisions of the one (1) district on said parcel which is:
      1. Most similar to and compatible with the prevailing uses established on all lands within three-hundred (300) feet of said parcel, and
      2. Consistent with the adopted Comprehensive Plan.
    2. Where the Zoning Administrator or Designated Agent finds the above criteria not conducive to a determination of the prevailing zoning district, the Zoning Administrator or Designated Authorized Agent shall refer the matter to the Plan Commission for consultation.
    3. In no case shall a parcel split by zoning boundaries have more than one principal structure on the parcel.
    4. A principal use may not be established on any portion of a parcel if the minimum parcel size requirements of the applicable district cannot be met by the available area of the entire parcel.
  7. Vacations or discontinuances. If a street, alley, or other public way is vacated or discontinued by official action, then the zoning district adjoining such public way shall be extended automatically to include all land attached by reversion to the centerline of such public way. Such vacated or discontinued land shall be subject to all regulations of the extended district.
  8. Administrative interpretations. Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or where due to scale, lack of detail, or illegibility there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries, or in other circumstances not covered above, the Zoning Administrator or Designated Authorized Agent shall interpret the district boundaries.
Zoning for Newly Annexed Land. All land annexed to the City shall automatically be designated FD Future Development District unless otherwise directed by the Common Council as part of the annexation process. Such designation shall remain until definite boundaries and regulations for such land are adopted by the Common Council.
Land Use Table & Dimensional Requirements Table. Appendix C-1: Land Use Table presents a land use table that is intended to help aid the reader in comparing allowable land uses across the various base or (underlying) districts. This table is intended for general reference only. Appendix C-2: Dimensional Requirements Table presents a table that is intended to help aid in understanding dimensional requirements in each district. If a conflict exists between the information presented in the land use table and the information specified in the text of the districts described in this Part of this Ordinance, the text of the districts shall take precedence.

4.2 R-E Residential Estate District

Intent. The intent of the R-E Residential Estate District is to provide areas, as guided by the Comprehensive Plan, for single-family detached dwellings (and other compatible uses) on relatively large parcels. Uses in the R-E Residential Estate District may or may not be served by municipal water and/or sanitary sewer service.
Uses.
1. Permitted uses. The following are permitted uses in the R-E Residential Estate District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and ten thousand (10,000) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the R-E Residential Estate District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Dwelling: two-family or duplex
    7. Emergency residential facility, provided that not more than fifteen (15) persons are served
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Government or community service use
    3. Religious institution
    4. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross developable area of five (5) acres or more
    2. Forestry, provided that the subject parcel has a gross developable area of five (5) acres or more
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than ten thousand (10,000) square feet of land disturbance, and as a separate activity that is not associated with a building permit or other development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the R-E Residential Estate District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, or donkeys, pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fence, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Greenhouse: local
  11. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  12. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs, pursuant to Section 6.6: Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-E Residential Estate District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One half (1/2) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows.
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the minimum principal building setback from the interior side parcel line as specified in this section shall be increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The maximum building coverage shall be as follows:
  1. All residential uses. Twenty-five (25) percent.
  2. Other uses. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Thirty (30) percent impervious coverage.
  2. Other uses. Seventy (70) percent impervious coverage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.3 R-1 Single-Family Residential District

Intent. The intent of the R-1 Single-Family Residential District is to provide areas, as guided by the Comprehensive Plan, for low-density single-family residential uses and other uses compatible with single-family residential uses.
Uses.
1. Permitted uses. The following are permitted uses in the R-1 Single-Family Residential District, pursuant to all applicable specific use standards
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C: Community Living AJ.Tangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the R-1 Single-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Dwelling: two-family or duplex
    7. Emergency residential facility, provided that not more than fifteen (15) persons are served
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Government or community services
    3. Religious institution
    4. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the R-1 Single-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-1 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: single-family detached. Seven thousand (7,000) square feet.
    2. Other residential use. Ten thousand five hundred (10, 500) square feet.
    3. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: single-family detached. Fifty (50) feet.
    2. Other residential use. Seventy-five (75) feet.
    3. Other principal use. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential use. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Thirty (30) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum allowable impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty (40) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.4 R-2 Single And Two-Family Residential District

Intent. The intent of the R-2 Single and Two-Family Residential District is to provide areas, as guided by the Comprehensive Plan, for low-density residential uses allowing both single-family and two-family dwellings and to allow for other uses compatible with single and two-family residences.
Uses.
1. Permitted uses. The following are permitted uses in the R-2 Single and Two-Family Residential District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family attached, not to exceed two (2) dwelling units per building
    3. Dwelling: single-family detached
    4. Dwelling: two-family or duplex
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following are conditional uses in the R-2 Single and Two-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory
    6. Emergency residential facility, provided that not more than fifteen (15) persons are served
    7. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    8. Long term housing, pursuant to Section 5.2, F.:, Social Services
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home
    11. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Cemetery
    2. Clinic and Medical Office
    3. Government or community services
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Accessory buildings, if the buildings exceed the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as the principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the R-2 Single and Two-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5 B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-2 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: single-family attached. Seven thousand (7,000) square feet per dwelling unit.
    2. Dwelling: single-family detached. Seven thousand (7,000) square feet.
    3. Dwelling: two-family or duplex. Ten thousand five hundred (10,500) square feet.
    4. Other residential use. Ten thousand five hundred (10,500) square feet.
    5. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: single-family attached. Fifty (50) feet per unit.
    2. Dwelling: single-family detached: Fifty (50) feet.
    3. Dwelling: two-family or duplex. Seventy-five (75) feet.
    4. Other residential use. Seventy-five (75) feet.
    5. Other principal use. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential uses. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Thirty-five (35) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty (40) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.5 R-3 Medium Density Residential District

Intent. The intent of the R-3 Medium Density Residential District is to provide areas for medium density residential uses in Ashland. The R-3 District is also intended to allow for other uses compatible with medium density residential uses. Areas of medium density residential development may also occur within other districts, including, but not limited to, the MRC Mixed Residential/Commercial, W-MRC Waterfront Mixed Residential/Commercial, PRI Planned Residential/Institutional, CC City Center, and W-CC Waterfront City Center Districts.
Uses.
1. Permitted uses. The following uses are permitted in the R-3 Medium Density Residential District.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility.
    2. Dwelling: multi-family, three (3) or four (4) dwelling units per building
    3. Dwelling: single-family attached not to exceed six (6) dwelling units per building
    4. Dwelling: two-family or duplex
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the R-3 Medium Density Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling: single-family detached
    6. Emergency residential facility, provided that not more than fifteen (15) persons are served
    7. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    8. Long term housing, pursuant to Section 5.2, F.:, Social Services
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Short term housing, pursuant to Section 5.2, F.,: Social Services
    11. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Government or community services
    3. Nursing home
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the R-3 Medium Density Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R3 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: multi-family. Five thousand (5,000) square feet per dwelling unit.
    2. Dwelling: single-family attached. Five thousand (5,000) square feet per dwelling unit.
    3. Dwelling: two-family or duplex. Ten thousand five hundred (10,500) square feet.
    4. Other residential use. Ten thousand five hundred (10,500) square feet.
    5. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: multi-family. One hundred (100) feet.
    2. Dwelling: single-family attached. Thirty-five (35) feet per dwelling unit.
    3. Dwelling: two-family or duplex. Seventy-five (75) feet.
    4. Other residential use. Seventy-five (75) feet.
    5. Other principal use. One (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line.
    1. All residential uses. Twenty-five (25) feet.
    2. Other principal use. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line.
    1. All residential uses. Twenty (20) feet.
    2. Other principal use. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line.
    1. All residential uses. Eight (8) feet.
    2. Other principal use. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line.
    1. All residential uses. Thirty-five (35) feet.
    2. Other principal use. Thirty-five (35) feet.
3. Maximum height of principal building. The maximum allowable height of principal buildings, as measured pursuant to Section 6.1, C.: Building Height, shall be as follows:
  1. All uses. Thirty-five (35) feet.
  2. Exception for public, civic, and institutional uses. The maximum allowable height of a principal building for public, civic, or institutional use shall not exceed forty-five (45) feet, provided that the setback requirement from the interior side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Forty (40) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Forty-five (45) percent.
  2. Other use. Seventy (70) percent.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.6 R-4 High Density Residential District

Intent. The intent of the R-4 High Density Residential District is to provide areas for high-density residential uses in Ashland. The R-4 District is also intended to allow for other uses compatible with high-density residential uses. Other areas of high density residential development may occur within other districts, including, but not limited to, the MRC Mixed Residential/Commercial, W-MRC Waterfront Mixed Residential/Commercial, PRI Planned Residential/Institutional, CC City Center, W-CC Waterfront City Center, and PI Public/Institutional Districts.
Uses.
1. Permitted uses. The following uses are permitted in the R-4 High Density Residential District, pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: multi-family, three (3) to eight (8) dwelling units per building
    3. Dwelling: single-family attached three (3) to six (6) dwelling units per building
    4. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in the R-4 High Density Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dormitory
    6. Dwelling: multi-family, if more than eight (8) dwelling units per building
    7. Emergency residential facility
    8. Fraternity or sorority house
    9. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    10. Long term housing pursuant to Section 5.2, F.: Social Services
    11. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    12. Short term housing pursuant to Section 5.2, F.: Social Services
    13. Community-based Residential Facility
  2. Commercial uses.
    1. Day care center: commercial, provided that it is an accessory use to a religious institution, a primary or secondary school, or the common facilities of a multi-family dwelling complex and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Local food store, pursuant to Section 5.2, D.: Local Food Store
    3. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Government or community service
    3. Nursing home
    4. Religious institution
    5. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Accessory buildings, if the buildings exceed the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as the principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the R-4 High Density Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the R-4 District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area.
    1. Dwelling: multi-family. Two thousand five hundred (2,500) square feet per dwelling unit.
    2. Dwelling: single-family attached. Four thousand (4,000) square feet per dwelling unit.
    3. Other residential use. Ten thousand five hundred (10,500) square feet.
    4. Other principal use. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width.
    1. Dwelling: multi-family. One hundred (100) feet.
    2. Dwelling: single-family attached. Thirty-five (35) feet per dwelling unit.
    3. Other residential use. Seventy-five (75) feet.
    4. Other principal use. One (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty-five (35) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. Forty-five (45) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel.
  1. All residential uses. Forty (40) percent.
  2. Other use. Fifty (50) percent.
6. Maximum impervious coverage. The maximum impervious coverage of a parcel shall be as follows except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  1. All residential uses. Sixty (60) percent.
  2. Other use. Seventy (70) percent.
7. Minimum floor area per unit in multi-family uses.
  1. Efficiency unit. Five hundred (500) square feet.
  2. One bedroom unit. Six hundred (600) square feet.
  3. Two bedroom unit. Seven hundred fifty (750) square feet.
  4. Three or more bedroom units. Seven hundred fifty (750) plus one hundred fifty (150) square feet for each additional bedroom beyond two (2).
8. Minimum floor area per unit for multi-unit senior housing.
  1. Efficiency unit. Four hundred fifty (450) square feet.
  2. One bedroom unit. Five hundred fifty (550) square feet.
  3. Two bedroom unit. Seven hundred (700) square feet.
  4. Three or more bedroom units. Seven hundred (700) plus one hundred (100) square feet for each additional bedroom beyond two (2).

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.7 MHC Manufactured Home Community (Mobile Home Park) District

Intent. The intent of the MHC Manufactured Home Community (Mobile Home Park) District is to preserve and provide safe and attractive areas in Ashland for manufactured homes (mobile homes) in a manufactured home community (mobile home park) setting.
Uses.
1. Permitted uses. The following uses are permitted in the MHC Manufactured Home Community (Mobile Home Park) District, pursuant to all applicable specific use standards:
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached for use by the owner or caretaker of the associated manufactured home community
    3. Manufactured home, mobile home, and manufactured home community, pursuant to Section 5.1, G.: Mobile Homes and Mobile/Manufactured Home Communities
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Common facilities for use by residents and guests of a manufactured home community such as a laundromat, indoor and outdoor recreation facilities, and a storm shelter.
    2. Parking lot as a principal use, provided that it provides parking for the exclusive use of the residents of the mobile home community and their guests.
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the MHC Manufactured Home Community (Mobile Home Park) District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    3. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    4. Emergency residential, facility provided that not more than fifteen (15) persons are served
    5. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    6. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Day care center: commercial provided that is an accessory use to a religious institution, primary or secondary school, or the common facilities of the manufactured home community and pursuant to Section 5.2, C.: Day Care Center: Commercial
    2. Recreation facility: commercial outdoor
  3. Public, civic, and institutional uses.
    1. Government or community service use
    2. Religious institution
    3. School: primary or secondary
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, provided that it is located on a parcel for which the principal use is a government or community service use, a religious institution, a primary or secondary school, or the common facilities of a manufactured home community, and pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Parking lot as the principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the MHC Manufactured Home Community District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Required area for a manufactured home community. A manufactured home community shall have a minimum area of ten (10) acres.
2. Lot requirements for manufactured homes.
  1. Minimum lot width. Thirty-two (32) feet.
  2. Minimum lot length. Seventy-five (75) feet.
3. Required setbacks at the periphery of a manufactured home community. All principal and accessory buildings shall be set back a minimum of twenty-five (25) feet from parcel or lot lines at the periphery of a manufactured home community.
4. Required setbacks internal to the manufactured home community.
  1. Minimum principal and accessory building setback from all internal street right-of-ways. Ten (10) feet.
  2. Minimum distance between all principal buildings. Twenty (20) feet.
  3. Minimum distance between an accessory building and a principal building. Six (6) feet.
  4. Minimum accessory building setback from an interior parcel line. Three (3) feet.
5. Maximum allowable principal building height. No principal building shall exceed one (1) story, nor twenty-five (25) feet in height, as measured pursuant to Section 6.1, C.: Building Height.
6. Height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
7. Maximum building coverage of a manufactured home lot.
  1. Manufactured home. Thirty-five (35) percent.
  2. Manufactured home and accessory buildings combined. Fifty (50) percent.
Special Requirements
1. Manufactured home community created after January 1, 1996. A manufactured home community created after January 1, 1996 (or the addition of new lots to an existing manufactured home community) shall be approved through the planned unit development (PUD) process, pursuant to Section 4.55: PUD Planned Unit Development Overlay District.
2. Licensing, inspection, enforcement, and special design standards. Licensing, inspection, enforcement, and special design standards of a manufactured home community shall be pursuant to Section 5.1, G.: Mobile Homes and Mobile/Manufactured Home Communities.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.8 MRC Mixed Residential/Commercial District

Intent. The MRC Mixed Residential/Commercial District encompasses areas that have predominantly existing residential uses, but that may also have existing commercial and/or industrial uses, some of which may be incompatible with residential uses and/or the vision for the area as expressed in the City’s Comprehensive Plan. The intent of the district is as follows:
1. Encourage the preservation and enhancement of existing residential uses in the district;
2. Encourage a sensitive mixture and integration of new residential uses in the district, including single and two-family dwellings, single-family attached dwellings, and multi-family dwellings;
3. Allow the preservation and enhancement of existing commercial uses that are compatible with the predominantly residential character of the area and the vision for the area as expressed in the City’s Comprehensive Plan;
4. Encourage existing commercial and industrial uses that are incompatible with residential uses and/or the vision of the area, as expressed in the Comprehensive Plan, to relocate to other appropriate districts in the city;
5. Encourage redevelopment of sites that have existing incompatible uses by providing flexibility to redevelop those sites with mixed residential uses, compatible commercial uses, and potentially compatible light industrial uses;
6. Encourage redevelopment in the district to occur through the planned unit development (PUD) process at a neighborhood or block scale. If the City of Ashland has adopted a plan for an area in the MRC District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Permitted uses. The following are permitted uses in the MRC Mixed Residential/Commercial District.
  1. Residential uses.
    1. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    3. Dwelling: single-family attached, not to exceed two (2) dwelling units per building
    4. Dwelling: single-family detached
    5. Dwelling: two-family or duplex
    6. Any residential use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
    7. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuantto Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Any commercial use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
  3. Public, institutional, and civic uses.
    1. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary and seasonal uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the MRC Mixed Residential/Commercial District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with a conditional use
    6. Dwelling: single-family attached, three to six units per building
    7. Dwelling: multi-family, three (3) or more dwelling units
    8. Emergency residential facility, provided that not more than fifteen (15) persons are served
    9. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    10. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility and provided that the facility does not serve more than fifteen (15) persons at one time
    11. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
    12. Community-based Residential Facility
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry drop off and pick up, but excluding processing
    9. Filling station with or without a convenience store
    10. Funeral home
    11. Garden supply or landscaping center
    12. Household maintenance and repair establishment
    13. Laundromat
    14. Local food store, pursuant to Section 5.2, D.: Local Food Store
    15. Lodging establishment, short stay or extended stay
    16. Office
    17. Personal service
    18. Recreation facility: commercial indoor or outdoor
    19. Restaurant: carry-out, fast food, drive-in, or sit-down
    20. Retail establishment: convenience
    21. Retail establishment: general
    22. Social services
    23. Tavern
    24. Theater
    25. Tool and equipment rental facility
    26. Vehicle repair and service
    27. Veterinary clinic: small animal
  3. Industrial uses.
    1. Contractor’s yard, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    2. Freight terminal, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    3. Manufacturing: heavy, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    4. Manufacturing: light, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) or provided that the use is replacing a more intense existing use, and pursuant to the special requirements of this section
    5. Public works yard, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) and pursuant to the special requirements of this section
    6. Research and development use, provided that the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive months) or provided that the use is replacing a more intense existing use, and pursuant to the special requirements of this section.
  4. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Nursing home
    5. Religious institution
    6. School: primary or secondary, or specialty or personal instruction
  5. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Outdoor wood-fired furnace associated with a single-family detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    4. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    5. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the MRC Mixed Residential/Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, licensed or unlicensed, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be identical to the dimensional requirements of the zoning district in this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a single-family detached dwelling shall meet the dimensional requirements for a single-family detached dwelling in the R-1 Single Family Residential District; the dimensional requirements for a high density residential use shall meet the dimensional requirements for a high density residential use in the R-4 High Density Residential District; and the dimensional requirements for a commercial uses shall meet the dimensional requirements for a commercial use in the NC Neighborhood Convenience District.
2. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the MRC Mixed Residential/Commercial District abuts a less intense existing use (as determined by the Zoning Administrator or Designated Authorized Agent of the City), the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements for Commercial and Industrial Uses.
1. Standards for commercial and industrial uses.
  1. Standards for commercial uses in the district. The Common Council of the City of Ashland recognizes that a variety of commercial uses exist in the MRC District. Standards for continuation and/or expansion of commercial uses in the district are as follows:
    1. Existing commercial uses (listed as conditional uses in the district) shall be allowed to continue (and potentially expand) in a manner that is compatible with adjacent residential uses.
    2. Commercial uses shall not replace existing residential uses, except in unique situations, the Common Council may find that it is in the best interest of the overall community to allow this to occur, especially along arterial roads where the dominant existing land use relates to commercial uses.
    3. Commercial uses shall serve the local and neighborhood population; however, commercial uses adjacent to US Highway 2 may also serve the needs of the traveling public. Commercial uses over twenty thousand (20,000) square feet shall be directed to the RC Regional Commercial District.
    4. To the extent possible, commercial uses shall be integrated with each other to allow for shared parking and enhanced vehicular and pedestrian access.
    5. Commercial uses shall be limited to arterial and collector streets.
  2. Standards for industrial uses in the district. The Common Council of the City of Ashland recognizes that a variety of industrial uses exist in the MRC District, especially along arterial and collector streets. Standards for continuation and/or expansion of industrial uses in the district are as follows:
    1. Existing contractor yards, freight terminals, heavy manufacturing, public work yards, and similar industrial uses are encouraged to relocate to an appropriate industrial district in the city. However, these uses shall be allowed to continue on the parcels on which they exist. Expansion and/or renovation of the uses may be considered pursuant to the conditional use procedures of this Ordinance, with special consideration given to the impact of the uses on the neighborhood and the overarching vision of the City as expressed in the Comprehensive Plan.
    2. New industrial uses in the district are not anticipated. However, in unique situations the Common Council may find that it is in the best interest of the neighborhood and the overall community to allow the replacement of existing, more intense industrial uses with appropriate light manufacturing or research and development uses.
    3. Where feasible, appropriate industrial uses in the district shall be clustered and have appropriate screening to reduce possible adverse impacts on the neighborhood and to promote possible synergy between industrial uses.
    4. Industrial uses shall be limited to arterial or collector streets, or to areas where there is a distinct cluster of appropriate industrial uses.
2. Decision criteria and potential conditions of approval.
  1. Decision criteria. Required approvals associated with commercial and industrial uses in the MRC District shall meet the intent of this district and shall be consistent with all of the conditional use requirements specified in Section 3.9: Conditional Use Permit. Approval or denial of a conditional use permit shall place special emphasis on how the use addresses neighborhood compatibility and protection issues.
  2. Possible conditions of approval. The Common Council may attach appropriate conditions to any approvals associated with a conditional use in the district. Conditions may include, but are not limited to, the following:
    1. Limited hours of operation;
    2. Limited number, types, and hours of deliveries;
    3. Limited or no outdoor storage;
    4. Limited or no drive through window;
    5. Special building and site design standards that ensure compatibility with the neighborhood; and/or
    6. Increased screening and/or buffers.
3. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
4. Gateway Overlay District requirements. Parcels that have frontage on a U.S. or State Highway shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.9 PRI Planned Residential/Institutional District

Intent. The PRI Planned Residential/Institutional District encompasses areas near major institutions in Ashland, including Northland College, Wisconsin Indianhead Technical College, and Memorial Medical Center. Existing uses in the district may include agriculture, open space, and relatively scattered single-family detached dwellings and commercial uses. The intent of the district is as follows:
1. Promote development and/or redevelopment of the district based on traditional neighborhood design principles as described in Where applicable, development and/or redevelopment shall be consistent with the goals, objectives, and policies of the Binsfield Road/Ellis Avenue Neighborhood Plan described in the City’s Comprehensive Plan and/or other subsequent and related plans approved by the City;
2. Encourage development and redevelopment in the district to occur through the planned unit development (PUD) process at a neighborhood or block scale;
3. Promote a mix of residential uses that provide a variety of residential styles, types, and sizes to accommodate households of various ages, sizes, and incomes;
4. Encourage the development and/or redevelopment of public, civic, and institutional uses that will have a synergistic relationship with existing nearby institutions. Examples of such uses may include, but are not limited to, the following: government offices, research institutions, not-for-profit organizations, schools, parks, religious institutions, residential care facilities, clinics, and similar uses;
5. Allow for the development and/or redevelopment of “green” or light industrial uses that have a synergistic relationship with existing nearby institutions. These uses shall not create excessive pollution, congestion, noise, or other adverse conditions that are inconsistent with the mixed-use character of the district. Examples of acceptable uses may include, but are not limited to, the following: light industries that develop and produce sustainable building products, medical industries, research and development uses, and clean, high-tech industries. Where feasible, it is the intent of this district to encourage the clustering of light industries in the district to enhance the environmental, social, and economic performance of individual industries through collaboration with other industries and institutions in the district;
6. Encourage the limited development of neighborhood convenience uses that provide the district with convenient, pedestrian access to commercial uses that serve the frequent commercial needs of the local area. Direct large-scale commercial development to the RC Regional Commercial District;
7. Incorporate a transportation system that offers public transit opportunities and multiple routes for motorists, bicyclists, and pedestrians;
8. Protect and enhance significant natural features in the district, including, but not limited to, the Bay City Creek Corridor, wetlands, and woodlands.
Uses.
1. Uses that are not part of an approved planned unit development (PUD).
  1. Uses in existence prior to the adoption of this ordinance. Any use in the district that was in existence prior to the adoption of this ordinance (and was a conforming use at that time) shall be a permitted use on the subject parcel.
  2. New residential development in established residential neighborhoods. A single-family detached dwelling shall be a permitted use in established residential neighborhoods (as determined by the Zoning Administrator or Designated Authorized Agent), provided that the dwelling is served by public sanitary sewer and water. Single-family dwellings in established residential neighborhoods shall be consistent with the provisions of the R-1 Single-Family Residential District.
  3. Other uses. All uses that are not part of an approved planned unit development, were not in existence prior to the adoption of this ordinance, and are not a single-family detached dwelling served by public sanitary sewer and water, shall be consistent with the FD Future Development District provisions of this Ordinance, except that all permitted uses in the FD District shall be conditional uses in the PRI District. The Zoning Administrator or Designated Authorized Agent of the City shall have the option of waiving the requirement for conditional use permit approval for minor or accessory uses that do not have a major impact on the district, including fences, signs, minor renovations, and similar uses.
2. Uses that are part of an approved planned unit development (PUD). Uses that are part of a planned unit development (PUD) in the PRI District shall be established in the planned unit development (PUD) ordinance. The uses shall relate to the intent of this district and (where applicable) the goals, objectives, and policies, of the Binsfield Road/Ellis Avenue Neighborhood Plan described in the City’s Comprehensive Plan and/or other subsequent plans approved by the City.
Dimensional Requirements.
1. Basic dimensional requirements for permitted, conditional, and accessory uses that are not part of an approved planned unit development (PUD). Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be identical to the dimensional requirements of the FD Future Development District.
2. Basic dimensional requirements for permitted, conditional, and accessory uses that are part of an approved planned unit development (PUD). Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent dimensional requirements shall be established in an approved planned unit development (PUD) ordinance and shall be consistent with generally accepted traditional neighborhood design principles.
Special Requirements.
1. Planned unit development (PUD) area requirement. The minimum area for a planned unit development in the PRI District is twenty (20) acres. However, the Common Council can waive this requirement if it finds that the PUD encompasses a clearly defined area that will not preclude logical development of adjacent properties in a manner consistent with the intent of this section.
2. Planned unit development (PUD) procedures and approval. A planned unit development (PUD) in the PRI District shall follow the procedures and approval requirements specified in Section 4.55: PUD Planned Unit Development Overlay, except as modified in this section. Approval or denial of a planned unit development (PUD) application shall clearly state how the planned unit development (PUD) application meets or fails to meet the intent of the PRI District.

4.10-4.14 (Reserved)

(Reserved for potential additional residential districts.)

4.15 NC Neighborhood Convenience District

Intent. The intent of the NC Neighborhood Convenience District is to provide areas of neighborhood convenience retail sales and services that serve the local or neighborhood population, rather than the regional population. Uses in this district are intended to be compatible with the surrounding residential neighborhood. Neighborhood convenience uses may also occur within other pertinent districts in Ashland, including, but not limited to, the MRC Mixed Residential/Commercial, the PRI Planned Residential/Institutional Districts, and the W-MRC Waterfront Mixed Residential/Commercial District.
Uses.
1. Permitted uses. The following uses are permitted in the NC Neighborhood Convenience District pursuant to all specific use standards.
  1. Residential uses. Dwelling, provided that the dwelling is combined with a permitted or conditional use
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Bank or financial institution
    4. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    5. Business service
    6. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Dry cleaning and laundry, drop off and pick up, but excluding processing
    8. Household maintenance and repair establishment
    9. Laundromat
    10. Local food store, pursuant to Section 5.2, D.: Local Food Store
    11. Office
    12. Personal service
    13. Retail: convenience or general, not to exceed two thousand five hundred (2,500) square feet
    14. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Public park
    5. Religious institution
    6. School: primary, secondary, specialty, or personal instruction
  4. Utility and communication uses.
    1. Essential services
  5. Agriculture, forestry, and open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in a NC Neighborhood Convenience District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming house
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that fifteen (15) or fewer persons are served by the facility
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Emergency residential shelter, provided that not more than fifteen (15) persons are served
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Assembly hall
    2. Car wash
    3. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    4. Filling station with or without a retail convenience use
    5. Funeral home
    6. Garden supply or landscaping center
    7. Lodging establishment: short stay or extended stay
    8. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    9. Recreation facility: commercial indoor or outdoor
    10. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Restaurant: carry-out or fast food, drive-in, or sit-down
    12. Retail: convenience or general, exceeding two thousand five hundred (2,500) square feet
    13. Social Services, pursuant to Section 5.2 F.: Social Services
    14. Theater
    15. Tool and equipment rental facility
    16. Vehicle repair and/or service
  3. Public, civic, and institutional uses.
    1. Nursing home
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, or institutional use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the NC Neighborhood Convenience District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the NC Neighborhood Convenience District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Ten (10) feet.
  2. Minimum principal building setback from corner street side parcel line. Ten (10) feet.
  3. Minimum principal building setback from interior side parcel line. Ten (10) feet.
  4. Minimum principal building setback from rear parcel line. Twenty-five (25) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the NC Neighborhood Convenience District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.16 RC Regional Commercial District

Intent. The intent of the RC Regional Commercial District is to provide areas for commercial uses along major streets and highways in the city for the convenience of travelers, tourists, and the residents of Ashland. The district is intended to provide for a full range of commercial uses to be located on sites with immediate access to arterial or collector streets. It is also the intent of the district to allow the continuation of existing residential uses in the district, while allowing the sensitive conversion of residential parcels to appropriate commercial uses that can benefit from the district’s proximity to arterial or collector streets. Commercial uses in the RC District are not intended to weaken the commercial vitality of the CC City Center District. It is also the intent of the RC Regional Commercial District to conditionally allow the continuation of existing industrial uses in the district, while encouraging the industrial uses to relocate to an appropriate industrial district in the city.
Uses.
1. Permitted uses. The following uses are permitted in the RC Regional Commercial District pursuant to all specific use standards.
  1. Residential uses.
    1. Residential uses in existence prior to the adoption of this ordinance.
    2. Multi-family dwelling with or without a permitted commercial use
    3. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry, drop off and pick up, but excluding processing
    9. Funeral home
    10. Garden supply or landscaping center
    11. Home improvement center
    12. Household maintenance and repair establishment
    13. Laundromat
    14. Lodging establishment: short stay
    15. Lodging establishment: extended stay
    16. Office
    17. Personal service
    18. Recreation facility: commercial indoor
    19. Recreation facility: commercial outdoor
    20. Restaurant: carry-out, fast food, or sit-down.
    21. Retail: convenience
    22. Retail: general
    23. Tavern
    24. Theater
    25. Tool and equipment rental facility
    26. Vehicle repair and/or service
    27. Vehicle sales and/or rental
    28. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Clubs and associations
    3. Government or community service use
    4. Museum
    5. Public park
    6. Religious institution
    7. School: primary or secondary, specialty or personal instruction
  4. Utility and communication uses.
    1. Communication service
    2. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
    3. Seasonal market, pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in a RC Regional Commercial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    3. Boarding or rooming house
    4. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that fifteen (15) or fewer persons are served
    5. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    6. Dwelling combined with a conditional use
    7. Emergency residential facility
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, pursuant to Section 5.1, K.: Tourist Home, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Adult retail establishment
    3. Agricultural services
    4. Animal boarding, animal training, or animal grooming, with an outdoor kennel and/or outdoor run
    5. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    6. Dry cleaning and/or laundry: onsite processing
    7. Filling station
    8. Freight terminal: local
    9. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    10. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    12. Social services, pursuant to Section 5.2, F.: Social Services
    13. Veterinary clinic: large animal
    14. Warehouse: self-storage
  3. Industrial uses.
    1. Any industrial use (as determined by the Zoning Administrator or Designated Authorized Agent of the City) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming use at that time) shall be a conditional use on the subject parcel provided that the use has not lapsed for more than twelve (12) consecutive months
  4. Public, civic, and institutional uses.
    1. Nursing home
  5. Agricultural uses.
    1. Agricultural services
  6. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  7. Temporary, seasonal, or land filling/excavation uses.
  8. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the RC Regional Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the RC Regional Commercial District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Twenty thousand (20,000) square feet.
  2. Minimum parcel width. One hundred fifty (150) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirement between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the RC Regional Commercial District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Gateway Overlay District requirements. Parcels that have frontage on a U.S. or State Highway shall meet the gateway overlay requirements specified in Section 4.47 GTWY-O Gateway Overlay District.
2. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.17 CC City Center District

Intent. The intent of the CC City Center District is to encourage and foster the further development and enhancement of the downtown (city center) area. The district requirements recognize the unique characteristics of the city center area as the heart of the city. The city center provides a mix of traditional downtown uses that are consistent with the vision for the area as expressed in the Comprehensive Plan, including retail, entertainment, offices, services, government facilities, and a mixture of residential uses. However, the district also includes a variety of industrial uses, some of which may not be compatible with the City’s vision for the district. Should an existing industrial use in this district cease to exist, it is the intent of this district to encourage the parcel to transition to a use consistent with the vision of the area as expressed in the Comprehensive Plan.
Uses.
1. Permitted uses. The following are permitted uses in the CC City Center District.
  1. Residential uses.
    1. Residential use, provided that the use was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of adoption of this ordinance.
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Dwelling combined with a permitted use
    4. Dwelling: accessory, pursuant to Section 5.1, E.: Dwelling: Accessory, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Conference center
    7. Day care center: commercial, pursuant to Section 5.2, C.: Day Care Center: Commercial
    8. Dry cleaning and laundry, drop off and pick up, but excluding processing
    9. Funeral home
    10. Household maintenance and repair establishment
    11. Laundromat
    12. Local food store, pursuant to Section 5.2, D.: Local Food Store
    13. Office
    14. Personal service
    15. Recreation facility: commercial indoor
    16. Restaurant: carry-out, fast food, or sit-down
    17. Retail: convenience or general
    18. Tavern
    19. Theater
    20. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
    4. Museum
    5. Public park
    6. School: primary, secondary, or specialty or personal instruction
    7. Religious institution
  4. Utility and communication uses.
    1. Communication service
    2. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the CC City Center District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Conunwrity Living Arrangement and provided that a maximum of fifteen (15) persons are served
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with conditional use
    6. Dwelling: multi-family, three (3) or more writs per building
    7. Dwelling: single-family attached, no more than six (6) units per building
    8. Dwelling: single-family detached
    9. Dwelling: two-family or duplex
    10. Emergency residential facility
    11. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    12. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    13. Tourist home, pursuant to Section 5.1, K.: Tourist Home, and provided that it is associated with a detached single-family residence that was in existence prior to the adoption of this ordinance
  2. Commercial uses.
    1. Adult retail establishment
    2. Car wash
    3. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    4. Filling station
    5. Freight terminal: local
    6. Garden supply and landscaping center
    7. Home improvement center
    8. Lodging establishment: short stay or extended stay
    9. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    10. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    11. Restaurant: drive-in
    12. Recreation facility: commercial outdoor
    13. Social services, pursuant to Section 5.2, F.: Social Services
    14. Tool and equipment rental facility
    15. Vehicle repair and/or service
    16. Vehicle sales and/or rental
    17. Warehouse: self-storage, provided the use was a conforming use in existence on the subject parcel prior to the adoption of this ordinance (and that the use has not lapsed for more than twelve (12) consecutive
  3. Industrial uses.
    1. Any industrial use (as determined by the Zoning Administrator or Designated Authorized Agent of the City) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming use at that time) shall be a conditional use on the subject parcel provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance.
  4. Public, civic, and institutional uses.
    1. Nursing home
  5. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed n this Ordinance, but for which the Zoning Administrator or Designated Authoirzed Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the CC City Center District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building.
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the CC City Center District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Three thousand five hundred (3,500) square feet.
  2. Minimum parcel area for properties located in the GTWY-O Gateway Overlay District. Twenty thousand (20,000) square feet, except that a smaller parcel area may be allowed with the approval of a conditional use permit.
  3. Minimum parcel width. Twenty-five (25) feet.
  4. Minimum parcel width for properties located in the GTWY-O Gateway Overlay District. One-hundred forty (140) feet, except that a smaller parcel width may be allowed with approval of a conditional use permit.
2. Setback requirements of a principal building from all parcel lines. None, except that all parcels in the GTWY-O Gateway Overlay District shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District. Setbacks may be reduced with the approval of a conditional use permit.
3. Maximum parcel coverage. One hundred (100) percent, except that all parcels in the GTWY-O Gateway Overlay District shall meet the following:
  1. Maximum building coverage of the parcel. Fifty percent (50%).
  2. Maximum impervious coverage. Seventy percent (70%), except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
4. Maximum height of principal building. The maximum height of a principal building as measured pursuant to Section 6.1, C.: Building Height shall be forty-five (45) feet, except that parcels in the GTWY-O Gateway Overlay District shall be thirty-five (35) feet. A principal building may be allowed to exceed the height requirement with the approval of a conditional use permit.
5. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings in the district shall be as specified in Section 5.6, A.: Accessory Building.
6. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the CC City Center District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Standards for industrial uses in the district. The Common Council of the City of Ashland recognizes that a variety of industrial uses exist in the CC District. Standards for continuation and/or expansion of industrial uses in the district are as follows:
  1. Existing industrial uses shall be allowed to continue on the parcels on which they exist. Expansion or improvements to existing industrial uses may be considered pursuant to the conditional use procedures of this Ordinance, with special consideration given to the impact of the uses on the neighborhood and the overarching vision of the City as expressed in the Comprehensive Plan.
  2. New industrial uses in the district are not anticipated. However, in unique situations the Common Council may find that it is in the best interest of the neighborhood and the overall community to allow the replacement of existing, more intense industrial uses, with appropriate light manufacturing, research and development, or similar industrial uses, that have less of an adverse impact on the surrounding area.
2. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building and Site Design Standards and Guidelines.
3. Gateway Overlay District requirements. Parcels within the Gateway Overlay District shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.20 MCI Mixed Commercial/Industrial District

Intent. The MCI Mixed Commercial/Industrial District encompasses an area that has been historically industrial, but is currently composed of a mixture of commercial and industrial uses. The intent of this district is to allow continued use of commercial and industrial uses in the district in a manner that is compatible with surrounding residential uses.
Uses.
1. Permitted uses. The following uses are permitted in the MCI Mixed Commercial/Industrial District pursuant to all applicable specific use standards.
  1. Commercial uses.
    1. Artist studio
    2. Assembly hall
    3. Bank or financial institution
    4. Business service
    5. Car wash
    6. Dry cleaning and laundry drop off and pick up, but excluding processing
    7. Freight terminal: local
    8. Filling station with or without a convenience store
    9. Household maintenance and repair establishment
    10. Laundromat
    11. Office
    12. Personal service
    13. Recreation facility: commercial indoor or outdoor
    14. Restaurant: carry-out, fast food, drive-in, or sit down
    15. Retail establishment: convenience or general
    16. Theater
    17. Tool and equipment rental facility
    18. Vehicle repair and service
    19. Veterinary clinic: small animal
  2. Industrial uses.
    1. Contractor’s shop
    2. Dry cleaning and/or laundry: onsite commercial processing
    3. Manufacturing: light
    4. Public works yard
    5. Research and development
  3. Public, institutional, and civic uses.
    1. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: public or private
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the MCI Mixed Commercial/Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, with an outdoor kennel and/or outdoor run
    2. Social services, pursuant to Section 5.2, F.: Social Services
    3. Vehicle sales and/or rental
  2. Industrial uses.
    1. Composting facility: community or indoor pursuant to Section 5.3, C. Community Composting Facilities
    2. Contractor’s yard
    3. Freight terminal: commercial
    4. Power generation plant
    5. Recycling facility: community, pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
    6. Warehouse: general
    7. Wholesale and distribution center
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Government or community service use
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this District
3. Accessory uses. The following uses are allowed as an accessory use to a permitted or conditional use in the MCI Mixed Commercial/Industrial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  12. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  13. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One-half (1/2) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public park, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal buildings. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) feet may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of an accessory building shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
7. Buffer requirement between different uses. Wherever a more intense proposed use (or an expansion of a more intense existing use) in the MCI Mixed Commercial/Industrial District abuts a less intense existing use (as determined by the Zoning Administrator or Designated Authorized Agent), the more intense use shall provide a buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Gateway overlay district requirements. Parcels that have frontage on a U.S. or State Highway shall meet the requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.21 LI Light Industrial District

Intent. The intent of the LI Light Industrial District is to provide an area for storage, warehousing, wholesaling, light manufacturing, and similar uses that do not create excessive pollution, congestion, noise, or other adverse conditions that are inconsistent with the surrounding area. Properties in the LI Light Industrial District can serve as a transitional land use between the more intensive heavy industrial sites and other residential and business uses. It is also the intent of this district to allow existing uses, including residential and agricultural uses, to continue in the district until they can logically and sensitively transition to an industrial use.
Uses.
1. Permitted uses. The following uses are permitted in the LI Light Industrial District pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling: single-family detached, provided that the dwelling was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance
  2. Commercial uses.
    1. Freight terminal: local
    2. Tool and equipment rental facility
    3. Vehicle repair and/or service
    4. Warehouse: self-storage
  3. Industrial uses.
    1. Contractor’s shop
    2. Dry cleaning and/or laundry: onsite commercial processing
    3. Manufacturing: light
    4. Public works yard
    5. Research and development
    6. Warehouse: general
    7. Wholesale and distribution center
  4. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  5. Utility and communication uses.
    1. Communication service
    2. Essential services
  6. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross area of five (5) acres or more
    2. Agricultural research facility
    3. Agricultural services
    4. Forestry, provided that the subject parcel has a gross area of five (5) acres or more
    5. Open space: private or public
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  8. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district
2. Conditional uses. The following conditional uses are allowed in the LI Light Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Bed and breakfast establishment associated with a permitted dwelling, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    2. Dwelling that serves as a caretaker’s residence for a permitted or conditional use
    3. Home occupation associated with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    4. Emergency residential facility
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Animal boarding, animal grooming, or animal training, with or without outdoor kennels and/or outdoor runs
    3. Artist studio
    4. Business service
    5. Car or truck wash
    6. Day care center: commercial, provided that it is an accessory use to a permitted or conditional use and pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Garden supply or landscaping center
    8. Home improvement center
    9. Household maintenance and repair establishment
    10. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    11. Office as a principal use
    12. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    13. Recreation facility: commercial indoor or outdoor
    14. Rent-to-own establishment, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    15. Retail: convenience or general as a principal use
    16. Social services, pursuant to Section 5.2, F.: Social Services
    17. Vehicle sales and/or rental
    18. Veterinary clinic: large or small animal, with or without outdoor kennels or runs
  3. Industrial uses.
    1. Composting facility: community or indoor, pursuant to Section 5.3, C. Community Composting Facilities
    2. Contractor’s yard
    3. Freight terminal: commercial
    4. Power generation plant
    5. Recycling facility pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
  4. Public, civic, and institutional uses.
    1. School, specialty or special instruction
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
  7. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the LI Light Industrial District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, and donkeys, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fence, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  11. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  12. Office, provided that it is accessory to a permitted or conditional use.
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs, pursuant to Section 6.6: Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent
  23. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre
  2. Minimum parcel width. One hundred (100) feet
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) feet may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage..

4.22 HI Heavy Industrial District

Intent. The intent of the HI Heavy Industrial District is to provide areas in the City for intense industrial uses. The HI District is intended to be separated from residential development and it is intended to be limited to areas where adequate transportation and pertinent utilities and services exist. It is also the intent of this district to allow existing uses, including residential and agricultural uses, to continue in the district until they can logically and sensitively transition to an industrial use.
Uses.
1. Permitted uses. The following uses are permitted in the HI Heavy Industrial District pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling: single-family detached, provided that the dwelling was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the date of the adoption of this ordinance
  2. Commercial uses.
    1. Freight terminal: local
    2. Tool and equipment rental facility
    3. Vehicle repair and/or service
    4. Warehouse: self-storage
  3. Industrial uses.
    1. Contractor’s shop
    2. Contractor’s yard
    3. Dry cleaning and/or laundry: onsite commercial processing
    4. Freight terminal: commercial
    5. Manufacturing: light
    6. Manufacturing: heavy
    7. Public works yard
    8. Research and development
    9. Warehouse: general
    10. Warehouse: self-storage
    11. Wholesale and distribution center
  4. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  5. Utility and communication uses.
    1. Communication service
    2. Essential services
  6. Agriculture, forestry, and open space uses.
    1. Agriculture, provided that the subject parcel has a gross area of five (5) acres or more
    2. Agricultural research facility
    3. Forestry, provided that the subject parcel has a gross area of five (5) acres or more
    4. Agricultural services
    5. Open space: private or public
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
  8. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
2. Conditional uses. The following conditional uses are allowed in the HI Heavy Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Bed and breakfast associated with a permitted dwelling, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    2. Dwelling that serves as a caretaker’s residence for a permitted or conditional use
    3. Home occupation permitted with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
  2. Commercial uses.
    1. Adult entertainment establishment, pursuant to Section 5.2, A.: Adult Entertainment Establishment
    2. Animal boarding, animal grooming, or animal training, with or without outdoor kennels and/or outdoor runs
    3. Artist studio
    4. Business service
    5. Car or truck wash
    6. Day care center: commercial, provided that it is an accessory use to a permitted or conditional use and pursuant to Section 5.2, C.: Day Care Center: Commercial
    7. Garden supply or landscaping center
    8. Home improvement center
    9. Household maintenance and repair establishment
    10. Manufactured home dealer, sales and display, pursuant to Section 5.2, E.: Manufactured Home Dealer, Sales and Display
    11. Office as a principal use
    12. Recreation facility: commercial indoor or outdoor
    13. Vehicle sales and/or rental
    14. Veterinary clinic: large or small animal, with or without outdoor kennels or runs
  3. Industrial uses.
    1. Batch plant: concrete or asphalt
    2. Composting facility: community or indoor, pursuant to Section 5.3, C. Community Composting Facilities
    3. Grain elevator
    4. Landfill: construction debris
    5. Mined materials: processing and/or recycling
    6. Power generation plant
    7. Recycling facility, pursuant to Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations
    8. Salvage operation: indoor and/or outdoor
  4. Public, civic, and institutional uses.
    1. School, specialty or special instruction
  5. Utility and communication uses.
    1. Communication equipment: major pursuant to Section 5.4, B.: Communication Equipment: Minor
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Mining, consistent with Chapter NR 135 of the Wisconsin Administrative Code and all other applicable regulations
  7. Other uses.
    1. Accessory building, if the accessory building exceeds the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the HI Heavy Industrial District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building.
  2. Animals: keeping domestic animals, provided that the animals are accessory to a permitted residential use, and pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, and donkeys provided that the animals are accessory to a permitted residential use, and pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, provided that the animals are accessory to a permitted residential use and pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fences, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  11. Landscaping and/or gardening
  12. Office, accessory to a permitted or conditional use.
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Solar equipment
  18. Swimming pool for private recreation use, pursuant to Section 5.6, L.: Swimming Pool
  19. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  21. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  22. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Two (2) acres
  2. Minimum parcel width. One hundred (100) feet
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback Requirements. Setback requirements shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Fifty (50) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height except that buildings over thirty-five (35) may be allowed pursuant to the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements for Parcels in the Ashland Industrial Park. Those parcels zoned HI Heavy Industrial District in the Ashland Industrial Park shall comply with the provisions of Section 5.3, A.: Ashland Industrial Park and City of Ashland Ordinance 469.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.23-4.24 (Reserved)

(Reserved for potential additional industrial districts.)

4.25 W-SFR Waterfront Single-Family Residential District

Intent. The intent of the W-SFR Waterfront Single-Family Residential District is to recognize existing single-family dwellings within the waterfront area and to permit redevelopment and continued use of the dwellings in a manner that enhances their relationship with the waterfront.
Uses.
1. Permitted uses. The following are permitted uses in the W-SFR Waterfront Single-Family Residential District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Open space uses.
    1. Open space: private or public
  5. Temporary or seasonal uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-SFR Waterfront Single-Family Residential District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Dwelling: two-family or duplex
    5. Emergency residential facility, provided that not more than fifteen (15) persons are served
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    8. Tourist home, pursuant to Section 5.1, K.: Tourist Home.
  2. Public, civic, and institutional uses.
    1. Government or community service use
  3. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility system, pursuant to Section 5.4. D. Wind Energy Facility
  4. Temporary or seasonal uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  5. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-SFR Waterfront Single-Family Residential District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements.
  1. Minimum parcel area.
    1. A parcel that has a single-family detached dwelling as its principal use shall have a minimum area of seven thousand (7,000) square feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that has a principal use other than a single-family detached dwelling shall have a minimum area of fourteen thousand (14,000) square feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  2. Minimum parcel width.
    1. A parcel that has a single-family detached dwelling as its principal use shall have a minimum width of fifty (50) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that has a principal use other than a single-family detached dwelling shall have a minimum width of one hundred (100) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this Section.
2. Setback requirements for principal building.
  1. Minimum principal building setback from the road right-of-way.
    1. A single-family detached dwelling shall be set back a minimum of twenty-five (25) feet from the road right-of-way, except as may be modified based on the average setback from the front parcel line calculation pursuant to Section 6.1, B.: Setbacks.
    2. A principal use, other than a single-family detached dwelling, shall be set back a minimum of thirty-five (35) feet from the road right-of-way.
  2. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  3. Minimum principal building setback from corner street side parcel line.
    1. A single-family detached dwelling shall be set back a minimum of twenty (20) feet from the corner street side parcel line, except as may be modified based on the average setback from the corner street side parcel line calculation pursuant to Section 6.1, B.: Setbacks.
    2. A principal building, other than a single-family detached dwelling, shall be set back a minimum of thirty (30) feet from the corner street side parcel line.
  4. Minimum principal setback from interior side parcel line.
    1. A single-family detached dwelling shall be setback a minimum of ten (10) feet from an interior side parcel line, except as modified pursuant to Section 6.1, B.: Setbacks.
    2. A principal building, other than a single-family detached dwelling, shall be set back a minimum of fifteen (15) feet from an interior side parcel line.
  5. Minimum principal building setback from rear parcel line. All principal buildings shall be set back a minimum of thirty-five (35) feet from the rear parcel line.
3. Setback requirements for accessory buildings. Accessory buildings shall be set back from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
4. Maximum building height.
  1. Principal building. No building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building associated with a government or community service, a religious institution, or a primary or secondary school may exceed thirty-five (35) feet in height provided the setback requirements from the side parcel lines are increased one (1) foot for every additional foot that the building is over thirty-five (35) feet in height.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed twenty-five (25) percent of the parcel area.
6. Maximum impervious coverage of the parcel: Forty (40) percent
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront Overlay District requirements. All uses shall meet the requirements specified in Section 4.46: W-O Waterfront Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.26 W-MRC Waterfront Mixed Residential/Commercial District

Intent. The W-MRC Waterfront Mixed Residential/Commercial District encompasses an area between US Highway 2 and Lake Superior that may have existing industrial, commercial, and residential uses that do not have a strong relationship to the waterfront, nor do they provide public views or access to the waterfront. The primary intent of the district is to encourage existing industrial uses in the district to relocate to appropriate industrial districts in the city. Also, where feasible, the intent of the district is to encourage redevelopment of existing commercial and residential uses in a manner that enhances the relationship of these uses to the waterfront and, to the maximum extent possible, provides public views and access to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage existing industrial uses in the district to relocate to appropriate industrial districts in the city;
2. Encourage the development and redevelopment of residential and/or commercial uses in a manner that promotes public views and access to the waterfront, where feasible;
3. Allow a mixture of residential uses, but encourage housing that includes public open space that promotes views and access to the waterfront;
4. Encourage development of commercial uses that cater to people using the waterfront and to the traveling public. Examples of such uses may include tourist-oriented retail, indoor and outdoor recreation facilities, lodging establishments, and restaurants. This district is not intended to accommodate large-scale regional commercial development;
5. Where feasible, encourage waterfront public/institutional uses in the district;
6. Encourage development in the district to occur through the planned unit development (PUD) process at a neighborhood or district scale to help ensure coordination between uses. Where feasible, encourage shared parking and pedestrian and vehicular access between uses. If the City of Ashland has adopted a plan for an area in the W-MRC District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Allowable uses that are part of an approved planned unit development (PUD). Allowable uses that are part of an approved planned unit development (PUD) in the W-MRC Waterfront Mixed Residential/Commercial District shall be established in accordance with the Planned Unit Development (PUD) District. The uses shall be consistent with the intent of this district and the goals, objectives, and policies of the City’s Comprehensive Plan as well as all other applicable plans approved by the City.
2. Permitted uses that are not part of an approved planned unit development (PUD).
  1. Uses in existence prior to the adoption of this ordinance. Any residential or commercial use (as determined by the Zoning Administrator or Designated Authorized Agent) that was in existence on the subject parcel prior to the adoption of this ordinance (and was a conforming permitted or conditional use at that time) shall be a permitted use.
  2. Residential.
    1. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment, and provided that is associated with a permitted residential use or a residential use in existence prior to the adoption of this ordinance
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than four (4) persons are served by the facility
    3. Dwelling: multi-family, three (3) to eight (8) units per building
    4. Dwelling: single-family attached, two (2) to six (6) units per building
    5. Dwelling: single-family detached
    6. Dwelling: two-family or duplex
    7. Dwelling combined with a permitted commercial use
    8. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  3. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this district may be considered and processed as per the conditional use permit provisions of this Ordinance.
3. Conditional uses. The following are conditional uses in the W-MRC Waterfront Mixed Residential/Commercial District and are subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or Rooming House
    3. Emergency residential facility, provided that not more than fifteen (15) persons are served
    4. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    5. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living
    6. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
  2. Commercial.
    1. Animal boarding
    2. Animal grooming or training facility
    3. Artist studio
    4. Assembly hall
    5. Bank or other financial institution
    6. Business service
    7. Car wash
    8. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    9. Dry cleaning and laundry drop off and pick up, excluding processing
    10. Food center
    11. Funeral home
    12. Garden supply or landscaping center
    13. Household maintenance and repair
    14. Individual/family social services
    15. Laundromat
    16. Local food store, pursuant to Section 5.2, D.: Local Food Store
    17. Lodging establishment: short and extended stay
    18. Manufactured home dealer
    19. Office as a principal use
    20. Personal care/drop-in center
    21. Personal service
    22. Recreation facility: commercial indoor/outdoor
    23. Restaurant: sit-down, fast food or carry-out
    24. Retail establishment: convenience or general
    25. Tavern
  3. Public, civic, and institutional.
    1. Boat landing
    2. Clinic
    3. Club or association
    4. Museum
    5. Nursing home
    6. Religious Institution
    7. School: primary, secondary, specialty, or personal instruction
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a public, civic, institutional, or communication service use, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Communication service
    3. Outdoor wood-fired furnace associated with a single-family detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750 B., 17.: Outdoor Wood-fired Furnace
    4. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    5. Wind energy facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, landfilling, and/or excavation
    2. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  6. Other uses.
    1. Accessory building, if the accessory building exceeds the pertinent standards specified in Section 5.6, A.: Accessory Building
    2. Drive-through window associated with a permitted or conditional use
    3. Parking lot as a principal use
    4. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of this district may be considered and processed as per the conditional use permit provisions of this Ordinance.
4. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-MRC Waterfront Mixed Residential Commercial District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court or play equipment for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
5. Prohibited uses. Industrial uses (as determined by the Zoning Administrator or the Common Council) shall be prohibited uses in the W-MRC Waterfront Mixed Residential/Commercial District. Any existing industrial use that was a conforming use prior to the date of this ordinance shall be considered a nonconforming use and shall comply with the nonconforming provisions of this Ordinance.
Dimensional Requirements.
1. Basic dimensional requirements for uses associated with a planned unit development (PUD). Basic dimensional requirements (including parcel area and width, principal building setback, allowable height, maximum building coverage, maximum impervious coverage, and other pertinent dimensional requirements) for uses associated with a planned unit development (PUD) shall be determined through the planned unit development (PUD) ordinance and shall be consistent with the Waterfront Overlay District requirements and the Gateway Overlay District requirements of this Ordinance, where applicable.
2. Basic dimensional requirements for uses that are not part of an approved planned unit development. Basic dimensional requirements (including parcel area and width, principal building setback, allowable height, maximum building coverage, maximum impervious coverage, and other pertinent dimensional requirements) for uses that are not part of an approved planned unit development (PUD) shall be identical to the dimensional requirements of the zoning district in this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a single-family detached dwelling shall meet the dimensional requirements for a single-family detached dwelling in the W-SFR Waterfront-Single Family Residential District. All uses shall be consistent with the Waterfront Overlay District and the Gateway Overlay District requirements of this Ordinance, where applicable.
3. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-MRC District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffers, and Screening.
Special Requirements.
1. Design standards. All uses shall meet the applicable design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall be consistent with the provisions of the Waterfront Overlay District as specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.27 W-CRM Waterfront Conference/Residential Mix District

Intent. The W-CRM Waterfront Conference/Residential Mix District is intended to provide a unique area in the city where a mixture of conference, lodging, and compatible residential and commercial uses are coordinated in a planned setting to produce a vibrant and relatively self-contained area that caters to conferences, special events, and tourist activities. More specifically, the intent of the district is as follows:
1. Encourage the development and/or redevelopment of uses in the district that will have a synergistic relationship with the existing lodging establishment/conference facility in the district. Examples of such uses may include tourist-oriented retail, indoor and outdoor recreation facilities, additional lodging establishments, and restaurants. This district is not intended to accommodate large-scale regional commercial development;
2. Allow the continuation, enhancement, and expansion of existing detached single-family dwellings in the district, but also allow parcels with detached single-family dwellings to sensitively transition to higher density housing or commercial uses that relate to the mixed conference/residential intent of this district;
3. Encourage development in the district to occur through the planned unit development (PUD) process at the neighborhood or district scale to help ensure coordination between uses. Where feasible, encourage shared parking and pedestrian and vehicular access between uses;
4. Where feasible, encourage development of uses that relate to the waterfront and that provide strong visual and pedestrian connections to the waterfront.
Uses.
1. Permitted uses. The following uses are permitted in the W-CRM Waterfront Conference/Residential Mix District pursuant to all specific use standards.
  1. Residential.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than four (4) persons are served by the facility
    2. Dwelling: multi-family, three (3) to eight (8) units per building
    3. Dwelling: single-family attached, two (2) to six (6) units per building
    4. Dwelling: single-family detached
    5. Dwelling: two-family or duplex
    6. Dwelling combined with a permitted commercial use
    7. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Assembly hall
    2. Business service
    3. Conference center
    4. Local food store, pursuant to Section 5.2, D.: Local Food Store
    5. Lodging establishment: short stay or extended stay
    6. Personal service
    7. Retail: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet
    8. Restaurant: carry-out, fast food, or sit-down
  3. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Public park
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with intent of the permitted uses in this district.
2. Conditional uses. The following conditional uses are allowed in the W-CRM Waterfront Conference/Residential Mix District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Boarding or rooming house
    4. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    5. Dwelling combined with a conditional use
    6. Dwelling: multi-family, more than eight (8) units per building
    7. Emergency residential facility
    8. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    9. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    10. Tourist home, provided that it is associated with a single-family detached dwelling, and pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Artist studio
    2. Bank or financial institution
    3. Car wash associated with a filling station
    4. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    5. Dry cleaning and laundry drop off and pick up, but excluding processing
    6. Filling station with or without a convenience store
    7. Laundromat
    8. Office as a principal use
    9. Recreation facility: commercial indoor or outdoor
    10. Restaurant: drive-in
    11. Retail: convenience or general, exceeding two thousand five hundred (2,500) gross square feet
    12. Tavern
    13. Theater
  3. Public, civic, and institutional uses.
    1. Boat landing
    2. Campground, pursuant to City of Ashland Ordinance 463
    3. Club or association
    4. Museum
    5. School: specialty or personal instruction
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood-fired furnace associated with a single-family-detached dwelling, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Model home, pursuant to Section 5.5, A.: Model Home
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-CRM Waterfront Conference/Residential Mix District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  13. Signs, pursuant to Section 6.6: Signs
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  19. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other pertinent requirements shall be identical to the dimensional requirements of the zoning district that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent of the City. For example, the dimensional requirements for a commercial use shall relate to the dimensional requirements for a commercial use in the W-C Waterfront Commercial District.
2. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-CRM District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements.
1. Gateway Overlay District requirements. Parcels that have frontage on a US Highway 2 shall meet the Gateway Overlay requirements specified in Section 4.47: GTWY-O Gateway Overlay District.
2. Waterfront overlay district requirements. Development in the W-CRM District shall be consistent with the requirements of the waterfront overlay district specified in Section 4.46: W-O Waterfront Overlay District.
3. Design standards. All uses shall meet the pertinent design standards specified in Section 6.2: General Building Design Standards and Guidelines.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.28 W-C Waterfront Commercial District

Intent. The W-C Waterfront Commercial District encompasses an area between US Highway 2 and Lake Superior. Existing uses in the district consist primarily of regional (highway) commercial uses, but may also include existing residential and existing industrial uses. The intent of the district is to allow the existing commercial uses and structures to continue while encouraging all uses and structures to transition to commercial uses that have a strong relationship to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage the development and redevelopment of commercial properties in a manner that enhances their relationship with the waterfront. Encourage uses to provide public views and access to the waterfront, where feasible;
2. Encourage uses that cater to people using the waterfront and to the traveling public. This district is not intended to accommodate large-scale regional commercial development;
3. Encourage existing residential and industrial uses to relocate to other appropriate districts in Ashland;
4. Encourage development and redevelopment in the district to occur through the planned unit development (PUD) process that includes at least several parcels. Encourage connections between commercial uses that allow for shared parking and shared access from US Highway 2;
5. If the City of Ashland has adopted a plan for the W-C Waterfront Commercial District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan;
6. Where commercial development or redevelopment on a parcel in this district cannot occur in a manner that is reasonably consistent with the provisions of this Ordinance (due to the dimensional characteristics of the parcel or other reasons), it is the intent of this district to encourage said parcel to transition to a waterfront oriented public, civic, or institutional use (such as a public park) that will be consistent with the Comprehensive Plan and the provisions of this Ordinance.
Uses.
1. Permitted uses. Due to the dimensional constraints of the existing parcels in the district and the intent of the district to enhance the relationship of structures and uses to the waterfront, outright permitted uses in the W-C Waterfront Commercial District shall be limited to the following.
  1. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Public park
  2. Utility, communication, and public service uses.
    1. Essential services
  3. Open space uses.
    1. Open space: private or public
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent of the City has determined that the use is consistent with the intent of permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-C District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home pursuant to Section 5.1, A.: Adult Family Home
    2. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served by the facility
    3. Dwelling combined with a permitted or conditional commercial use
    4. Emergency residential facility
    5. Home occupation associated with a permitted dwelling, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    6. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Animal boarding, animal training, or animal grooming, except that no outdoor kennels nor outdoor runs shall be allowed
    2. Artist studio
    3. Assembly hall
    4. Bank or financial institution
    5. Business service
    6. Car wash
    7. Conference center
    8. Currency exchange, payday loan establishment, or title loan agency, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    9. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    10. Dry cleaning and laundry, drop off and pick up, but excluding processing
    11. Filling station
    12. Funeral home
    13. Garden supply or landscaping center
    14. Household maintenance and repair establishment
    15. Laundromat
    16. Local food store, pursuant to Section 5.2, D.: Local Food Store
    17. Lodging establishment: short stay or extended stay
    18. Office
    19. Pawn shop, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    20. Personal service
    21. Recreation facility: commercial indoor or outdoor
    22. Rent-to-own, pursuant to Section 5.2, B.: Currency Exchange Establishment, Payday Loan Establishment, Title Loan Agency, Pawn Shop, Rent-to-Own Establishment, or Similar Use
    23. Restaurant: carry-out, fast food, or sit-down
    24. Retail establishment: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet per building
    25. Tavern
    26. Theater
    27. Veterinary clinic: small animal, except that no outdoor kennels nor outdoor runs shall be allowed
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Museum
    4. School: specialty or personal instruction
    5. Religious institution
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Autho1ized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-C Waterfront Commercial District, pursuant to all applicable specific use standards.
  1. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  5. Fence, pursuant to Section 6.5: Fences
  6. Foster care: family home
  7. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  8. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  9. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  10. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  11. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  12. Signs, pursuant to Section 6.6: Signs
  13. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  14. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  15. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  16. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  17. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
  18. Outdoor merchandise sales, pursuant to Section 5.6 M.: Outdoor Merchandise Sales.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the W-C District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way. Thirty (30) feet.
  2. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  3. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  4. Minimum principal building setback from interior side parcel line. Fifteen (15) feet.
  5. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building may exceed thirty-five (35) feet subject to the issuance of a conditional use permit.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on U.S. Highway 2 shall meet the Gateway Overlay District requirements specified in GTWY-O Gateway Overlay District.
4. Additional requirements. Additional requirements (including, but not limited to setbacks from a bluff) may apply to parcels and uses in this district. Refer to the pertinent provisions of this Ordinance for specific requirements.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.29 W-CC Waterfront City Center District

Intent. The W-CC Waterfront City Center District includes a mixture of existing residential, commercial, and industrial uses that are located near the heart of the city, between US Highway 2 and Lake Superior. The intent of the district is to allow the continuation of single-family residential uses in the district while also allowing the district to sensitively transition to commercial and public/institutional uses that have a strong relationship to the waterfront. More specifically, the intent of the district is as follows:
1. Encourage existing industrial uses in the district to relocate to other appropriate districts in the city;
2. Allow the continuation, enhancement, and expansion of existing residential uses in the district, but also allow the sensitive conversion of parcels with existing single-family dwellings to transition to appropriate “city center” uses that have a strong relationship to the waterfront;
3. Ensure that development and redevelopment in the district occurs in a manner that reasonably protects the integrity of the surrounding existing single-family dwellings in the district; and
4. Encourage the transition to waterfront city center uses to occur through the planned unit development (PUD) process at a neighborhood scale or block scale. If the City of Ashland has adopted a plan for the W-CC Waterfront City Center District, the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan.
Uses.
1. Permitted uses. The following uses are permitted in the W-CC Waterfront City Center District, pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Residential use, provided that the use was in existence prior to the adoption of this ordinance and provided that the use has not lapsed for more than twelve (12) consecutive months since the adoption of this ordinance.
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Dwelling combined with permitted use
    4. Dwelling: single-family detached
    5. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Commercial uses.
    1. Artist studio
    2. Assembly hall
    3. Conference center
    4. Local food store, pursuant to Section 5.2, D.: Local Food Store
    5. Lodging establishment: short stay or extended stay
    6. Personal service
    7. Retail: convenience or general, not to exceed two thousand five hundred (2,500) gross square feet
    8. Restaurant: carry-out, fast food, or sit-down
  3. Public, civic, and institutional uses.
    1. Festival grounds
    2. Government or community service use
    3. Museum
    4. Public park
  4. Utility, communication, and public service uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following are conditional uses in the W-CC District subject to the special requirements of this section and to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Boarding or rooming home
    3. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served by the facility
    4. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    5. Dwelling combined with a conditional use
    6. Dwelling: single-family attached, two (2) to six (6) units per building
    7. Dwelling: multi-family, three (3) or more units per building
    8. Dwelling: two-family or duplex
    9. Emergency residential facility
    10. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    11. Rehabilitation center/transitional facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    12. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Bank or financial institution
    2. Business service
    3. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
    4. Dry cleaning and laundry, drop off and pick up, but excluding processing
    5. Laundromat
    6. Office
    7. Recreation facility: commercial indoor or outdoor
    8. Retail establishment: convenience or general, exceeding two thousand five hundred (2,500) gross square feet
    9. Tavern
    10. Theater
  3. Public, civic, and institutional uses.
    1. Clinic
    2. Club or association
    3. Nursing home
    4. School: primary, secondary, specialty, or personal instruction
    5. Religious institution
  4. Utility and communication uses.
    1. Communication equipment: major, provided that it is located on a parcel for which the principal use is a government or community service use, a religious institution, or a primary or secondary school, and pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavating (excluding mining) involving fifty (50) or more cubic yards of material, and as a separate activity not associated with a building permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Temporary real estate sales office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  6. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-CC Waterfront City Center District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  6. Fence, pursuant to Section 6.5: Fences
  7. Foster care: family home
  8. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  9. Landscaping and/or gardening
  10. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  11. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  12. Signs, pursuant to Section 6.6: Signs
  13. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  14. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  15. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  16. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  17. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  18. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel area in the W-CC District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Three thousand five hundred (3,500) square feet.
  2. Minimum parcel area for properties located in the GTWY-O Gateway Overlay District. Twenty thousand (20,000) square feet, except that a smaller parcel area may be allowed with the approval of a conditional use permit.
  3. Minimum parcel width. Twenty-five (25) feet.
  4. Minimum parcel width for properties located in the GTWY-O Gateway Overlay District. One-hundred forty (140) feet, except that a smaller parcel width may be allowed with approval of a conditional use permit.
2. Setback requirements of a principal building from all parcel lines. Uses shall meet the setback requirements specified in the zoning district of this Ordinance that best resembles the use of the said parcel, as determined by the Zoning Administrator or Designated Authorized Agent. For example, the requirements for a single family use shall relate to the setback requirements for the R-1 Single Family District. All parcels in the GTWY-O Gateway Overlay District shall be required to follow the setbacks established in the RC Regional Commercial District. Setbacks may be reduced with the approval of a conditional use permit.
3. Maximum parcel coverage. Uses shall meet the requirements for maximum parcel coverage specified in the zoning district of this ordinance that best resembles the use of said parcel, except that all non-residential development shall meet the following:
  1. Maximum building coverage of the parcel. Fifty percent (50%).
  2. Maximum impervious coverage. Seventy percent (70%), except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
4. Maximum height of principal building. Forty-five (45) feet, as measured pursuant to Section 6.1, C.: Building Height except that the City may allow a principal building to exceed a height of forty-five (45) feet subject to the approval of a conditional use permit.
5. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings in the district shall be as specified in Section 5.6, A.: Accessory Building.
6. Buffer requirements between different uses. Wherever a more intense proposed use (or expansion of a more intense existing use) in the W-CC Waterfront City Center District abuts a less intense existing use, the more intense use shall provide a landscaped buffer pursuant to Section 6.4: Landscaping, Buffering, and Screening.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.30 W-I Waterfront Industrial District

Intent. The intent of the W-I Waterfront Industrial District is to recognize areas of existing industrial uses adjacent to Lake Superior that the City has determined are essential or otherwise acceptable industrial uses in the area. These existing industrial uses may continue subject to the provisions of this section. Should an existing industrial use in the district cease, it is the intent of this district to encourage the use to transition to a “waterfront oriented” public, civic, and institutional use pursuant to this section. Additions to the W-I Waterfront Industrial District are not anticipated. New industrial uses shall be directed to a LI Light Industrial District or HI Heavy Industrial District outside of the waterfront area.
Uses.
1. Permitted uses. The following uses are permitted in the W-I Waterfront Industrial District pursuant to all applicable specific use standards and the special requirements of this district.
  1. Public, civic, and institutional uses.
    1. Public park
  2. Utility and communication uses.
    1. Essential services
  3. Open space uses.
    1. Open space: private or public
  4. Temporary, seasonal use, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in the district.
2. Conditional uses. The following are conditional uses in the W-I Waterfront Industrial District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards and the special requirements of this district.
  1. Industrial uses.
    1. Light manufacturing use provided that the use was in existence prior to the date of adoption of this ordinance and provided that the use did not cease to exist for a period of twelve (12) or more consecutive months since the date of adoption of this ordinance.
    2. Power generation plant provided that the use was in existence prior to the date of adoption of this ordinance and provided that the use did not cease to exist for a period of twelve (12) or more consecutive months since the date of adoption of this ordinance.
  2. Public, civic, and institutional uses.
    1. Campground, pursuant to City of Ashland Ordinance 463
    2. College
    3. Festival grounds
    4. Government and community services
    5. Marina
    6. Nursing home
    7. School: primary, secondary, or specialty
    8. Religious institution
    9. Water oriented research facility
  3. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Drive-through window associated with a permitted or conditional use
    2. Parking lot as a principal use
    3. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of conditional uses in this district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-I Waterfront Industrial District, pursuant to all applicable specific use standards and the special requirements of this district.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court for private recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool for private recreation use, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent of the City.
Dimensional Requirements.
1. Parcel requirements. Parcel requirements shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre.
  2. Minimum parcel width. One hundred (100) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. Setback requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  4. Minimum principal building setback from interior side parcel line. Twenty (20) feet.
  5. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Setback requirements for accessory buildings. Accessory buildings shall be setback from parcel lines and principal buildings pursuant to Section 5.6, A.: Accessory Building and as specified in Section 4.46: Waterfront Overlay District.
4. Maximum building height.
  1. Principal building. No principal building shall exceed thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height, except that height of a principal building can be increased with the approval of a conditional use permit.
  2. Accessory building. The height of accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. The combined footprint of all principal and accessory buildings on a parcel shall not exceed forty (40) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on U.S. Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.31 W-PI Waterfront Public/Institutional District

Intent. The intent of the W-PI Waterfront Public/Institutional District is to facilitate the development of public and institutional uses that have a strong relationship with the waterfront.
Uses.
1. Permitted uses. The following uses are permitted in the W-PI Waterfront Public District.
  1. Public, civic, and institutional uses.
    1. Arboretum
    2. Festival grounds
    3. Government or community service use
    4. Marina
    5. Museum
    6. Public park with or without a campground, pursuant to City of Ashland Ordinance 463
    7. Water oriented research facilities
  2. Utility and communication uses.
    1. Essential services
  3. Open spaces.
    1. Open spaces: public or private
  4. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Seasonal market pursuant to Section 5.5, D.: Seasonal Market
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent of the permitted uses in this district.
2. Conditional uses. The following uses are conditional uses in the W-PI Waterfront Public District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards and the special requirements of this district.
  1. Commercial uses.
    1. Terminal: passenger ship, including, but not limited to a cruise or sightseeing boat
    2. Water-oriented commercial use that is incidental or accessory to a public, civic, or institutional uses. An individual water-oriented commercial use shall not exceed a gross area of two thousand five hundred (2,500) square feet.
  2. Industrial uses.
    1. Terminal: ship, in accordance with applicable state or federal agreements for use of said ship terminal and provided that the use was in existence and a conforming use prior to adoption of this ordinance
  3. Public, civic, and institutional uses.
    1. Boat landing
    2. College
    3. School: primary, secondary or specialty
    4. Zoo
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Temporary construction building
  6. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following are permitted as an accessory use to a permitted or conditional use in the W-PI District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court for recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the W-PI District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. Fourteen thousand (14,000) square feet.
  2. Minimum parcel width. One hundred (100) square feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirements for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from road right-of-way line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from the ordinary high water mark of Lake Superior. Where a parcel has frontage on Lake Superior, the principal building shall be setback from the ordinary high water mark as specified in Section 4.46: Waterfront Overlay District.
  4. Minimum principal building setback from interior side parcel line. Ten (10) feet.
  5. Minimum principal building setback from rear parcel line. Twenty-five (25) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
Special Requirements.
1. Design standards. All uses shall meet the design standards specified in Section 6.2: General Building Design Standards and Guidelines.
2. Waterfront overlay district requirements. All uses shall meet the waterfront overlay district requirements specified in Section 4.46: W-O Waterfront Overlay District.
3. Gateway Overlay District requirements. All uses on parcels that have frontage on US Highway 2 shall meet the Gateway Overlay District requirements specified in Section 4.47: GTWY-O Gateway Overlay District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.32-4.34 (Reserved)

(Reserved for potential additional waterfront districts.)

4.35 PI Public Institutional District

Intent. The intent of the PI Public/Institutional District is to accommodate a variety public, semi-public, and institutional uses in Ashland. Although public and institutional uses are allowed as permitted or conditional uses in many other districts in the city, the PI Public/Institutional District is intended for the exclusive use of significant public or institutional uses (including, but not limited to colleges, schools, hospitals, and cemeteries). Public parks are intended to be included in the PP Public Parks District. Public/institutional uses adjacent to Lake Superior are intended to be included in the W-P/I Waterfront Public/Institutional District.
Uses.
1. Permitted uses. The following uses are permitted uses in the PI Public/Institutional District.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided that not more than fifteen (15) persons are served
    2. Convent, rectory, or monastery, pursuant to Section 5.1, D.: Convent, Rectory, or Monastery
    3. Dormitory
    4. Emergency residential facility
    5. Fraternity or sorority
    6. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
  2. Commercial uses.
    1. Day care center: commercial and pursuant to Section 5.2, C.: Day Care Center: Commercial
  3. Public, civic, and institutional uses.
    1. Arboretum
    2. Cemetery
    3. Clinic and/or medical office
    4. College
    5. Festival grounds
    6. Government or community service use
    7. Hospital
    8. Museum
    9. Nursing home
    10. Public park
    11. Religious institution
    12. School: primary or secondary
    13. Water oriented research facility
  4. Utility and communication uses.
    1. Essential services
  5. Open space uses.
    1. Open space: private or public
  6. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Land filling: temporary
  7. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in the district.
2. Conditional uses. The following conditional uses are allowed in the PI Public/Institutional District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses
    1. Community-based Residential Facility
  2. Commercial uses
    1. Social services, pursuant to Section 5.2, F.: Social Services
  3. Industrial uses.
    1. Research and development facility
    2. Composting facility: indoor, pursuant to Section 5.3 C., Community Composting Facilities
  4. Public, civic, and institutional uses.
    1. School: specialty or special instruction
    2. Zoo
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Agriculture and forestry uses.
    1. Agriculture
    2. Agricultural services
    3. Agriculture research facility
    4. Forestry
  7. Temporary, seasonal, or land filling/excavation uses.
  8. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following uses are permitted as accessory to permitted or conditional uses in the PI Public/Institutional District, pursuant to all specific use standards.
  1. Animal: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  2. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  3. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  4. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  5. Day care: family home, pursuant to Section 5.6 D.: Day Care: Family Home
  6. Fences, pursuant to Section 6.5: Fences
  7. Greenhouse: local
  8. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  9. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  10. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  11. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  12. Signs, pursuant to Section 6.6: Signs
  13. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  14. Sport court or play equipment, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  15. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  16. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  17. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. The minimum parcel requirements in the PI Public/Institutional District shall be as follows, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
  1. Minimum parcel area. One (1) acre.
  2. Minimum parcel width. Two hundred (200) feet.
  3. Exceptions to parcel requirements. Public parks, public open space, and utility and communication uses shall be exempt from the parcel requirements of this section.
2. Setback requirements for principal building. The minimum setback requirement for principal buildings from parcel lines shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Thirty (30) feet.
  4. Minimum principal building setback from rear parcel line. Forty (40) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height, except that a principal building height between thirty-five (35) feet and sixty (60) feet may be permitted with the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building
5. Maximum building coverage of the parcel. Fifty (50) percent.
6. Maximum impervious coverage. Seventy (70) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.36 PP Public Parks District

Intent. The intent of the PP Public Parks District is to accommodate a variety of public parks and public open spaces in Ashland. Although public parks and public open spaces are permitted uses in many other districts in the city, the PP Public Parks District is intended for the exclusive use of public parks, significant public open spaces, and park related accessory uses. The W-P/I Waterfront Public/Institutional District may also accommodate public parks and public open space.
Uses.
1. Permitted uses. The following uses are permitted in the PP Public Parks District.
  1. Public, civic, and institutional uses.
    1. Government or community service use
    2. Public festival grounds
    3. Public parks and recreation uses and related buildings and uses
  2. Utility and communication uses.
    1. Essential services
  3. Open space uses.
    1. Open space: public
  4. Temporary or seasonal use.
    1. Land filling and/or excavation (excluding mining) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  5. Other uses.
    1. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent of the City has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following uses are conditional uses in the PP Public Parks District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Dwelling that serves as a caretaker’s residence for a public park
  2. Commercial uses.
    1. Commercial use incidental to a public park use; for example, a seasonal food stand
    2. Specialty school incidental to a public park use
  3. Public, civic, and institutional uses.
    1. Arboretum
    2. Boat landing
    3. Campground and/or recreational vehicle park, pursuant to City of Ashland Ordinance 463
    4. Museum
    5. Water oriented research facility
    6. Zoo
  4. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Outdoor wood furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17
    3. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    4. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining), involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance, and as a separate activity that is not associated with a development permit, pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
  6. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following uses are permitted as accessory to a permitted or conditional use in the PP Public Parks District, pursuant to all applicable specific use standards.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7.
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  7. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  8. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  9. Signs, pursuant to Section 6.6: Signs
  10. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  11. Sport court or play equipment for public recreation use, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  12. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  13. Temporary construction building, pursuant to Section 5.5 B.: Temporary Construction Building
  14. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements. There shall be no parcel requirements in the PP Public Parks District.
2. Setback requirements for principal building. Setbacks requirements for principal buildings shall be as follows, except as may be modified pursuant to Section 6.1, B.: Setbacks.
  1. Minimum principal building setback from front parcel line. Thirty (30) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Eight (8) feet.
  4. Minimum principal building setback from rear parcel line. Thirty-five (35) feet.
3. Maximum height of principal building. Thirty-five (35) feet in height, as measured pursuant to Section 6.1, C.: Building Height.
4. Setback and height requirements for accessory buildings. The setback and height requirements for accessory buildings shall be as specified in Section 5.6, A.: Accessory Building.
5. Maximum building coverage of the parcel. There shall be no maximum building coverage in the PP Public Parks District.
6. Maximum impervious coverage. There shall be no maximum impervious coverage in the PP Public Parks District.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.37 FD Future Development District

Intent. The intent of the FD Future Development District is to allow the use of land (not served with municipal utilities) in a manner that will not preclude future development at urban densities, pending the extension of municipal utilities or market conditions that justify development at urban densities. Land in this district shall be rezoned consistent with the Comprehensive Plan, pending the proper timing for the economical provision of municipal sewer and water, streets, parks, storm drainage, and other public utilities and services, so that orderly development can occur. Where feasible, conservation subdivisions (pursuant to Section 4.56: Conservation Subdivision Overlay District) are encouraged for residential uses in this district.
Uses.
1. Permitted uses. The following are permitted uses in the FD Future Development District, pursuant to all applicable specific uses standards.
  1. Residential uses.
    1. Community living arrangement, pursuant to Section 5.1, C.: Community Living Arrangement and provided not more than four (4) persons are served by the facility
    2. Dwelling: single-family detached
    3. Dwelling: single-family detached in a conservation subdivision pursuant to Section 4.56: Conservation Subdivision Overlay District
    4. Dwelling: accessory, provided that it is associated with a single-family detached dwelling, pursuant to Section 5.1, E.: Dwelling: Accessory
  2. Public, civic, and institutional uses.
    1. Public park
  3. Utility and communication uses.
    1. Essential services
  4. Agriculture, forestry, and open space uses.
    1. Agriculture
    2. Forestry
    3. Open space: private or public
  5. Temporary, seasonal, or land filling/excavation uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation.
    2. Land filling: temporary
    3. Seasonal market
  6. Other uses.
    1. Personal storage building as a principal use pursuant to Section 5.6, G.: Personal Storage Building as a Principal Use. Personal storage buildings as a principal use shall not be permitted in association with a conservation subdivision in the FD Future Development District.
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for permitted uses in this district.
2. Conditional uses. The following are conditional uses in the FD Future Development District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and pursuant to all applicable specific use standards.
  1. Residential uses.
    1. Adult family home, pursuant to Section 5.1, A.: Adult Family Home
    2. Bed and breakfast establishment, pursuant to Section 5.1, B.: Bed and Breakfast Establishment
    3. Community living arrangement, pursuantto Section 5.1, C.: Community Living Arrangement and provided that five (5) to fifteen (15) persons are served
    4. Convent, rectory, or monastery
    5. Emergency residential shelter
    6. Home occupation, if the use exceeds the pertinent standards specified in Section 5.1, F.: Home Occupation
    7. Rehabilitation center/transitional living facility, pursuant to Section 5.1, J.: Rehabilitation Center/Transitional Living Facility
    8. Tourist home, pursuant to Section 5.1, K.: Tourist Home
  2. Commercial uses.
    1. Animal boarding facility
    2. Day care center: commercial, provided that it is an accessory use to a religious institution or primary or secondary school and pursuant to Section 5.2, C.: Day Care Center: Commercial
    3. Recreation facility: commercial indoor or outdoor
    4. Veterinary clinic: small and large animal
    5. Warehouse: self-storage
  3. Industrial uses.
    1. Composting facility: indoor
    2. Salvage operation: indoor/outdoor
  4. Public, civic, and institutional uses.
    1. Arboretum
    2. Campground and/or recreational vehicle park, pursuant to City of Ashland Ordinance 463
    3. Cemetery
    4. Community composting facility or construction debris facility, provided that the facility is contiguous to, or directly across a public right-of-way from, the Ashland land fill.
    5. Festival grounds
    6. Government or community service use
    7. Religious institution
    8. School: primary or secondary
  5. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  6. Agriculture, forestry, and open spaces.
    1. Agricultural research facility
    2. Agricultural services
  7. Temporary, seasonal, or land filling/excavation uses.
    1. Model home, pursuant to Section 5.5, A.: Model Home
    2. Mining, consistent with Chapter NR 135 of the Wisconsin Administrative Code and all other applicable regulations
    3. Temporary real estate office, pursuant to Section 5.5, C.: Temporary Real Estate Office
  8. Other uses.
    1. Parking lot as a principal use
    2. Other use not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in the district.
3. Accessory uses. The following are allowed accessory uses to permitted and conditional uses in the FD Future Development District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Animals: keeping domestic animals, pursuant to Section 5.6, C.: Animals: Keeping of
  3. Animals: keeping horses, mules, or donkeys, pursuant to Section 5.6, C.: Animals: Keeping of
  4. Animals: raising family farm animals, pursuant to Section 5.6, C.: Animals: Keeping of
  5. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  6. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7
  7. Day care: family home, pursuant to Section 5.6, D.: Day Care: Family Home
  8. Fences, pursuant to Section 6.5: Fences
  9. Foster care: family home
  10. Greenhouse: local
  11. Landscaping and/or gardening
  12. Home occupation, pursuant to Section 5.1, F.: Home Occupation
  13. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  14. Outdoor mechanical and electrical equipment, including solar equipment (but not including outdoor wood furnaces), pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  15. Outdoor wood-fired furnace, pursuant to City of Ashland Ordinance 750, Section 750.B.17.
  16. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  17. Signs
  18. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  19. Sport court, play equipment, and similar private recreation uses, pursuant to Section 5.6, K.: Sport Court, Play Equipment, and Similar Uses
  20. Swimming pool, pursuant to Section 5.6, L.: Swimming Pool
  21. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  22. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Parcel requirements.
  1. Minimum parcel area.
    1. A parcel that has a use that is not associated with an approved conservation subdivision shall have a minimum parcel area of five (5) acres, except as may be modified pursuant to Subparagraph c. of this Section or Section 10.3: Nonconforming Parcels.
    2. A parcel that is associated with an approved conservation subdivision shall have a minimum parcel area pursuant to Section 4.56: Conservation Subdivision.
  2. Minimum parcel width.
    1. A parcel that is not associated with an approved conservation subdivision shall have a minimum parcel width of two hundred (200) feet, except as may be modified pursuant to Section 10.3: Nonconforming Parcels.
    2. A parcel that is associated with an approved conservation subdivision shall have a minimum parcel width pursuant to Section 4.56: Conservation Subdivision.
  3. Exceptions to parcel requirements.
    1. Public parks, public open space, and utility, communication, and public service uses shall be exempt from the parcel requirements of this section.
    2. The minimum parcel area for a conventional subdivision in the FD District may be calculated based on the gross developable area of the parcel including road right-of-ways. Consequently, a forty (40) acre parcel could be subdivided into eight (8) parcels, even if part of the forty (40) acre parcel were conveyed for a public road, but provided that no parcel has less than four (4) net developable acres.
2. Setback requirements for principal building.
  1. Minimum principal building setback from front parcel line. Forty (40) feet.
  2. Minimum principal building setback from corner street side parcel line. Thirty (30) feet.
  3. Minimum principal building setback from interior side parcel line. Twenty-five (25) feet.
  4. Minimum principal building setback from rear parcel line. Thirty (30) feet.
3. Maximum height of principal building. Thirty-five (35) feet, as measured pursuant to Section 6.1, C.: Building Height.
Design Standards for Agricultural Buildings and Other Accessory Buildings.
1. Applicability. All agricultural buildings and other accessory buildings over twelve hundred (1,200) square feet shall comply with the design standards and guidelines of this Subsection. All other accessory buildings shall comply with Section 5.6, A: Accessory Building.
2. Architectural features and colors. All buildings shall be complimentary to the principal structures and surrounding area in terms of architectural features and colors.
3. Maximum height. The maximum building height shall not exceed thirty-five (35) feet.
4. Setbacks. Setbacks from side and rear parcel lines shall be a minimum of thirty (30) feet.
5. Design review. Buildings located within the Gateway Overlay District or readily visible from U.S. Highway 2, State Highway 13, or State Highway 112 shall be subject to design review by the Zoning Administrator or Designated Authorized Agent. Such buildings shall have a decorative exterior with special features that may include decorative windows or rooflines, cupolas, or columns. Long, uninterrupted roof or wall planes greater than seventy-five (75) feet shall be prohibited. Not less than fifteen (15) percent of the building façade visible from the highway shall be decorative material such as, brick, stone, stucco, or decorative masonry units.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.38 AIR Airport District

Intent. The intent of the AIR Airport District is to accommodate the John F. Kennedy Memorial Airport. The district is also intended to accommodate commercial and industrial uses that have a synergistic and incidental relationship with the airport, such as a flight school, an air cargo facility, an aviation repair and service shop, and retail uses that serve air travelers and others at the airport.
Uses.
1. Permitted uses. The following are permitted uses in the AIR Airport District, pursuant to all applicable specific use standards and any requirements in an adopted AIR-O Airport Overlay District.
  1. Public, civic, and institutional uses.
    1. Airport terminal
    2. Airport hangar
    3. Other airport uses customarily provided in conjunction with an airport use
    4. Buildings and uses associated with public works or public services
  2. Utility and communication uses.
    1. Essential services
  3. Agriculture and open space uses.
    1. Agriculture, excluding structures, provided that the agriculture use does not attract wildlife that could constitute a hazard to air navigation or the safe operations of the airport.
    2. Open space, provided that the open space does not attract wildlife that could constitute a hazard to air navigation or the safe operations of the airport.
  4. Temporary, seasonal, or land filling/excavating uses.
    1. Land filling and/or excavation (excluding mining) pursuant to Section 6.1, H.: Grading, land filling, and/or excavation
    2. Land filling: temporary
2. Conditional uses. The following conditional uses are allowed in the AIR Airport District subject to the issuance of a conditional use permit as specified in Section 3.9: Conditional Use Permit and all applicable specific use standards as well as any requirements in an adopted AIR-O Airport Overlay District.
  1. Commercial uses and industrial uses.
    1. Commercial and industrial uses that have a synergistic and incidental relationship with the airport, such as a flight school, an air cargo facility, an aviation repair/service shop, a car rental facility, or a retail store that serves as travelers and others at the airport.
  2. Utility and communication uses.
    1. Communication equipment: major, pursuant to Section 5.4, A.: Communication Equipment: Major
    2. Utility facilities, pursuant to Section 5.4, C.: Utility Facilities
    3. Wind energy facility, pursuant to Section 5.4. D. Wind Energy Facility
  3. Temporary, seasonal, or land filling/excavation uses.
  4. Other uses.
    1. Parking lot as a principal use
    2. Other uses not specifically listed in this Ordinance, but for which the Zoning Administrator or Designated Authorized Agent has determined that the use is consistent with the intent for conditional uses in this district.
3. Accessory uses. The following are allowed as an accessory use to a permitted or conditional use in the AIR Airport District, pursuant to all applicable specific use standards and any requirements in an adopted AIR-O Airport Overlay District.
  1. Accessory buildings, pursuant to Section 5.6, A.: Accessory Building
  2. Communication equipment: minor, pursuant to Section 5.4, B.: Communication Equipment: Minor
  3. Composting, pursuant to City of Ashland Ordinance 750, Section 750.B.7
  4. Fence, pursuant to Section 6.5: Fences
  5. Landscaping and/or gardening, pursuant to Section 6.4: Landscaping, Buffers, and Screening
  6. Navigational aids and weather observation equipment incidental to airport use
  7. Off-street parking, loading, and access drives, pursuant to Section 6.3: Parking and Loading
  8. Outdoor mechanical and electrical equipment, pursuant to Section 5.6, E.: Outdoor Mechanical Equipment
  9. Patio, deck, terrace, and similar uses, pursuant to Section 5.6, G.: Patio, Deck, Terrace, and Similar Uses
  10. Signs, pursuant to Section 6.6: Signs
  11. Solar equipment, pursuant to Section 5.6, J.: Solar Equipment and Solar Rights
  12. Sport court or play equipment, and similar private recreation uses, pursuant to Section 5.6 K.: Sport Court, Play Equipment, and Similar Uses
  13. Swimming pool, pursuant to Section 5.6 L.: Swimming Pool
  14. Temporary construction building, pursuant to Section 5.5, B.: Temporary Construction Building
  15. Other accessory uses incidental and customary to permitted and conditional uses of this district as determined by the Zoning Administrator or Designated Authorized Agent.
Dimensional Requirements.
1. Setback requirements. All new principal and accessory buildings or structures shall require a minimum twenty (20) foot setback from all parcel lines.
2. Height Limitations. No structure shall be constructed, altered, located, or permitted to remain after such construction, alteration, or location, and no trees shall be allowed to grow to a height in excess of the height limit indicated on the Height Limitations Zoning Map in City of Ashland Ordinance 453.

HISTORY
Amended by Ord. 2024-2003 on 7/30/2024

4.39-4.45 (Reserved)

(Reserved for potential additional other zoning districts.)

4.46 W-O Waterfront Overlay District

Intent.
1. The area encompassed by the W-O Waterfront Overlay District is a valuable asset to the City of Ashland. The intent of the district is to impose land use controls (in addition to those in the applicable underlying zoning districts) to accomplish the following:
  1. Use property in the district in a manner that promotes economic development, affords a high quality of life, and protects and enhances the natural environment;
  2. Protect and enhance public investment in the waterfront area while stimulating private development where appropriate;
  3. Encourage high quality development that is attractive and that promotes a unique sense of place tied to the waterfront; and
  4. Enhance and encourage public access and enjoyment of the waterfront;
2. If the City of Ashland has adopted a plan for any area in the W-O Waterfront Overlay District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan. Such plans include, but are not limited to, the Waterfront Development Plan and various plans included in the Ashland Comprehensive Plan.
District Boundaries. The W-O Waterfront Overlay District overlays and is bound by the following underlying districts: W-SFR Waterfront Single-Family Residential, W-MRC Waterfront Mixed Residential/Commercial, W-CRM Waterfront Conference/Residential Mix, W-C Waterfront Commercial, W-CC Waterfront City Center, W-I Waterfront Industrial, and W-PI Waterfront Public/Institutional.
Administration.
1. General application. The design guidelines specified in this Section shall apply to all properties in Waterfront Overlay District.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Compliance with design guidelines. Given the pattern of existing development in this District and the size and configuration of the existing parcels, it may not be feasible for all new development or redevelopment in the District to be consistent with all of the design guidelines specified in this Section. Consequently, prior to action on a building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2 of this Ordinance) shall make a determination that the proposed development is consistent with the intent of the design guidelines of this Section when considered as a whole. However, the development proposal need not be in complete conformance with every design guideline specified herein in order to receive approval.
4. Supremacy of regulations. In some cases, parcels may be in more than one overlay district. If any conflict between the regulations applicable in another overlay district (or the underlying zoning district) and the design guidelines of the Waterfront Overlay District occurs, the more restrictive provisions shall take precedence.
Design Standards and Guidelines.
1. Intent. The following design standards and guidelines are intended to further the intent of Waterfront Overlay District by providing review guidance relating to specific design elements that affect the appearance and function of uses in the Waterfront Overlay District. The standards and guidelines are not intended to discourage development, but to encourage development that is functional, attractive, and meets the intent of this District. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
2. Principal building setback from the ordinary high water mark. All principal buildings with frontage on Lake Superior shall be set back a minimum of seventy-five (75) feet from the ordinary high water mark of Lake Superior and thirty (30) feet from the top of bluffs, unless issued a conditional use permit pursuant to Section 3.9: Conditional Use Permit. Requirements set forth in Part 8: Environmental Protection may also apply. Where principal buildings exist on the adjoining parcels on both sides of a proposed building site, the subject principal building setback may be altered to conform to the prevailing setback, but in no case shall a principal building be set closer than fifty (50) feet to the ordinary high water mark.
3. Accessory building setback from the ordinary high water mark. Accessory buildings shall not be placed between the principal building and the ordinary high water mark, on properties with frontage on Lake Superior. However, a water oriented accessory building (such as a boathouse or gazebo) may be placed within ten (10) feet of the ordinary high water mark, provided that the accessory building does not exceed four hundred (400) gross square feet and one (1) story in height.
4. Impervious surface setbacks. Impervious surfaces shall have a minimum setback of fifty (50) feet from the ordinary high water mark of Lake Superior and a minimum setback of thirty (30) feet from the top of bluffs. Trails, walks, and similar uses shall be exempt from this standard provided the use will not contribute to destructive erosion or allow unfiltered runoff into Lake Superior.
5. Undisturbed vegetative buffer adjacent to Lake Superior. Where feasible, a minimum undisturbed vegetative buffer of thirty five (35) feet shall be maintained from the ordinary high water mark of Lake Superior. Slopes over twenty (20) percent extending beyond the minimum vegetative buffer shall necessitate a wider buffer. Native waterfront vegetation should be established in the buffer area to stabilize the soils and to protect water quality. Selective removal of dying, diseased, invasive vegetation, and weeds is permitted; however, replacement with native waterfront vegetation is encouraged.
6. Building design. Building design shall be consistent with the design standards specified in In addition, the following guidelines shall apply to the maximum extent practical:
  1. Architectural style or theme. New buildings shall relate to City adopted or approved plans that specify an architectural style or theme for the waterfront. If an approved plan does not exist, but a particular neighborhood in the waterfront has a desirable existing architectural theme or style as determined by the applicable approval authority, then the new buildings in the neighborhood should be compatible with the existing theme.
  2. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, wood, and architectural concrete. Composite boards manufactured from wood or other products, such as hardboard or hardplank, may be used when the board product is less than six (6) inches wide. Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of three (3) to six (6) inches, or vinyl or aluminum siding that is in a clapboard or shiplap pattern where the boards in the pattern are six (6) inches or less in width. Unfinished concrete or masonry units, corrugated metal, plywood, and sheet pressboard are not allowed.
  3. Colors. Predominate exterior colors should be neutral or earth tone, but bright colors may provide a compatible accent.
  4. Screening. Service areas, refuse collection areas, storage areas, and loading areas shall be located away from or screened from public view, including views from Lake Superior.
7. Views.
  1. Views of Lake Superior. New structures and plantings shall not be located in a manner that restricts views of Lake Superior from north-south avenues and from public trails.
  2. Views of Lake Superior from Structure. Where views of Lake Superior are possible from within the structure, the structure design shall maximize views of Lake Superior for employees and customers, considering orientation and window coverage.
  3. Views from Lake Superior. Views of the proposed development from Lake Superior shall be considered. Landscape screening shall be provided to screen objectionable views (such as refuse collection areas and storage areas) from the perspective of those viewing the development from Lake Superior.
8. Parking, access, and circulation. Parking, access, and circulation shall be as specified in Section 6.3: Parking and Loading of this Ordinance. In addition, the following guidelines shall apply:
  1. Location of parking. Parking between the principal building and the public right-of-way or between the principal building and Lake Superior is discouraged unless no other practical alternatives exist or unless proper buffering and landscaping measures are used pursuant to Section 6.4: Landscaping, Buffers, and Screening .
  2. Connection to public trail or sidewalk. Pedestrian systems that provide public access to the waterfront should be provided where feasible. The quality of the pedestrian system should be enhanced by means of appropriate landscaping, lighting, graphics, and furnishings. Internal pedestrian systems should coordinate with adopted City plans for public trails, bikeways, walks, and other movement systems associated with the waterfront.
9. Landscaping and grading. Landscaping shall be consistent with the landscaping standards specified in Section 6.4: Landscaping, Buffers, and Screening and the grading standards specified in Section 6.1, H.: Grading, Filling, and/or Excavation. In addition, the following standards and guidelines shall apply:
  1. Landscaping and grading should provide continuity and harmony between development parcels;
  2. The use of native landscaping materials is strongly encouraged;
  3. The modification of existing grades should consider the scenic quality of the waterfront area and storm water management best management practices.
10. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, the following guidelines shall apply:
  1. Signs should enhance the Waterfront Overlay District’s visual appeal and its sense of place;
  2. Signs should not block views of Lake Superior;
  3. Other than small identification or directional signs, signs should not be placed so that they are visible from Lake Superior;
  4. Wall signs should be designed to fit within the architectural space intended for signage;
  5. Signs seen in relation to other signs should be compatible in location, shape, style, graphics, size, material, illumination, and color, while allowing individual expression and identification. When viewed as a whole, signs in the district should be seen as having been coordinated. A cluttered, haphazard appearance should be avoided.
11. Utilities. All utilities (including, but not limited to, telephone, electrical, and cable) shall be installed underground, where feasible. Utility components required to be above ground (including, but not limited to, transformers and meters) shall be screened by landscaping or decorative wall and/or be located away from public view.

4.47 GTWY-O Gateway Overlay District

Intent. This Section specifies general design standards and guidelines that are intended to help enhance and unify the appearance of development along the major roadways leading into and through Ashland. If the City of Ashland has adopted a plan for any area in the GTWY-O Gateway Overlay District, then the application of this Ordinance is intended to be consistent with the vision, goals, objectives, and policies of that plan. Such plans include, but are not limited to, the Ellis Avenue Redevelopment Plan and various plans included in the Ashland Comprehensive Plan.
District Boundaries. The Gateway Overlay Districts encompasses those parcels that have full or partial frontage on the following road segments.
1. U.S. Highway 2 (Lake Shore Drive) from the western to the eastern City limits.
2. Beaser Avenue from Binsfield Road to U.S. Highway 2 (Lake Shore Drive).
3. Ellis Avenue from Binsfield Road to U.S. Highway 2 (Lake Shore Drive).
4. Sanborn Avenue from Maple Lane to U.S. Highway 2 (Lake Shore Drive).
Administration.
1. General application. The design standards and guidelines specified in this Section shall apply to all properties with full or partial frontage on the gateway roads specified in this Section.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Compliance with the design standards and guidelines. Given the pattern of existing development in this District and the size and configuration of the existing parcels, it may not be feasible for all new development or redevelopment in the District to be consistent with all of the design standards and guidelines specified in this Section. Consequently, prior to action on a building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2 of this Ordinance) shall make a determination that the proposed development is consistent with the intent of the design standards and the intent of the design guidelines of this Section when considered as a whole.
4. Supremacy of regulations. In some cases, parcels may be in more than one overlay district. In case of any conflict between the regulations applicable in another applicable overlay district (or the underlying zoning district) and the design guidelines of the Gateway Overlay District, the more restrictive provisions shall take precedence.
Design Standards and Guidelines.
1. Intent and application. The following design standards and guidelines are intended to further the intent of Gateway Overlay District by providing standards and guidelines relating to specific design elements that affect the appearance and function of uses in the Gateway Overlay District. The standards and guidelines are not intended to discourage development, but to encourage development that is functional and attractive. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
2. Building setbacks. Buildings in the Gateway Overlay District shall meet the setbacks of the underlying district and relate to prevailing setbacks in the area. However, in no case shall a new building (nor an addition to an existing building) be less than fifteen (15) feet from the public right-of-way, regardless of the prevailing setback, except that parcels with frontage on one of the following road segments may be allowed to build up to the right-of-way line consistent with the pattern of existing development and provided such is consistent with the requirements of other applicable jurisdictions:
  1. Beaser Avenue from Main Street to Lake Shore Drive West (U.S. Highway 2); and
  2. Ellis Avenue from 6th Street to Lake Shore Drive (U.S. Highway 2);
3. Building design. Building design shall be consistent with the design standards specified in Section 6.2: General Building and Site Design Standards and Guidelines. In addition, the following guidelines shall apply:
  1. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, and architectural concrete. Unfinished concrete masonry units and corrugated metal or plastic siding shall be prohibited.
  2. Colors. Predominate exterior colors should generally be neutral or earth tone, but bright colors may provide a compatible accent.
  3. Walls. Walls over eighty (80) feet in length should be avoided to the extent practical. Where unavoidable, the visual impact of long walls shall be minimized with landscaping, screening, or architectural treatments of the wall (glazing, material changes, relief, etc.) that break up the monotony of the wall pursuant to Section 6.2: General Building and Site Design Standards and Guidelines.
  4. Screening. Service areas, refuse collection areas, storage areas, and loading areas shall be located away from or screened from public view.
4. Parking, access, and circulation. Parking, access, and circulation shall be as specified in Section 6.3: Parking and Loading of this Ordinance. In addition, the following guidelines shall apply:
  1. Location of parking. To the greatest extent possible, no parking shall be allowed in the front yard between the principal building and the public right-of-way. Parking should generally occur to the side or the rear of the principal building.
  2. Parking area standards. Parking areas in this District shall be asphalt or concrete.
  3. Combining of parking lots. The combining of existing, small, underutilized parking lots to create shared parking areas that are more efficient and more accessible is encouraged.
  4. Curb-cuts. The number and width of curb-cuts shall be minimized and where feasible shall occur on the side streets rather than the primary roadway. To promote pedestrian circulation, existing continuous curb cuts should be reduced to widths necessary for vehicular traffic.
  5. Connection to public trail or sidewalk. Where a public trail or sidewalk exists in the public right-of-way, the adjacent development should provide a connection to the trail or sidewalk.
5. Landscaping. Landscaping shall be consistent with the landscaping standards specified in Section 6.4: Landscaping, Buffers, and Screening. In addition, the following guidelines shall apply:
  1. Landscaped buffer. Where feasible, a minimum fifteen (15) foot wide landscaped buffer shall screen parking from the public right-of-way. Where a fifteen (15) foot landscaped buffer is not feasible, alternative screening features, such as a decorative fence, may be allowed to help provide an attractive delineation between the public right-of-way and the development.
  2. Complement streetscape. Landscaping should complement street trees and other streetscape elements in the public right-of-way.
  3. Vision triangle. Landscaping shall not interfere with the required vision triangle as specified in Section 6.1, H.: Vision Triangle of this Ordinance.
6. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, the following guidelines shall apply:
  1. Signs should enhance the Gateway Overlay District’s visual appeal and its ability to attract the traveling public.
  2. In general, wall signs should be designed to fit within the architectural space intended for signage.
  3. Signs seen in relation to other signs should be compatible in location, shape, style, graphics, size, material, illumination, and color, while allowing individual expression and identification.
  4. When viewed as a whole, signs in the district should be seen as having been coordinated. A cluttered, haphazard appearance should be avoided.
7. Utilities. All utilities (including, but not limited to, telephone, electrical, and cable) shall be installed underground, where feasible. Utility components required to be above ground (including, but not limited to, transformers and meters) shall be screened by landscaping or decorative wall and/or be located away from public view.

4.49 BCC-O Bay City Creek Overlay District

Intent. The intent of the BCC-O Bay City Creek Overlay District is to ensure that new development within the Bay City Creek Corridor helps protect and enhance quality land and water resources in the corridor. More specifically, the intent of the District is as follows:
1. Prevent the loss of high quality visual character in the corridor;
2. Prevent destructive soil erosion and stream siltation;
3. Prevent significant damage to hillsides, bluffs, and valleys caused by improper development; and
4. Prevent the destruction of mature and/or valuable trees and other vegetation and wildlife habitat in the corridor.
District Boundaries. The District boundaries shall extend three hundred (300) feet outward from both sides of the ordinary high water mark of Bay City Creek within the city limits of the City of Ashland.
Administration.
1. General application. The provisions of this Section shall apply to all new development in the Bay City Creek Overlay District, including new subdivisions, new construction, and clearing and grading of land.
2. Underlying zoning district. The regulations for the underlying zoning district shall remain in effect, except as otherwise provided in this Ordinance.
3. Supremacy of regulations. In case of any conflict between the regulations applicable in the underlying zoning district and the regulations of the Bay City Creek Overlay District, the regulations of the Bay City Creek Overlay District shall take precedence.
Design Standards. The following design standards shall apply to all new development in the District:
1. Required undisturbed vegetative buffer. A minimum undisturbed vegetative buffer of fifty (50) feet shall be maintained on each side of Bay City Creek as measured from the ordinary high water mark. Slopes of twenty (20) percent or more extending beyond the minimum vegetative buffer shall necessitate a wider buffer. Riparian vegetation shall be established, as necessary, and maintained along the stream banks to stabilize the banks and protect water quality. Selective removal of dying, diseased, or invasive vegetation and weeds is permitted; however, replacement with native riparian vegetation is encouraged.
2. Impervious surface setbacks. All impervious surfaces shall have a minimum setback of fifty (50) feet from the ordinary high water mark of Bay City Creek and a minimum setback of thirty (30) feet from the top of bluffs. Trails, walks, footbridges, and similar uses shall be exempt from this provision provided they are not constructed in a manner that will cause destructive erosion.
3. Building setbacks. All buildings shall have a minimum setback of seventy-five (75) feet from the ordinary high water mark of Bay City Creek and a minimum setback of thirty (30) feet from the top of bluffs.
4. Grading. The grading of land for development purposes shall consider the scenic quality of the Bay City Creek Corridor. Fill operations shall not encroach into the required undisturbed vegetative buffer. Required grading shall be varied in contour to present a natural appearance. Continuity between the grades of adjacent parcels shall be maintained to greatest extent possible.
5. Additional standards in the PRI Planned Residential Institutional District. A planned unit development (PUD) in the PRI Planned Residential Institutional District may include additional design standards relating to the Bay City Creek Corridor.

4.50 F-O Floodplain Overlay

Intent. The City of Ashland finds that uncontrolled development and use of the floodplains and water bodies in the city would impair the public health, safety, convenience, general welfare, and tax base. Therefore, it is the intent of the F-O Floodplain Overlay to regulate development to accomplish the following:
1. Protect life, health, and property;
2. Minimize expenditures of public funds for flood control projects;
3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4. Minimize business interruptions and other economic disruptions;
5. Minimize damage to public facilities in the floodplain;
6. Minimize the occurrence of future flood blight areas in the floodplain;
7. Discourage the victimization of unwary land and homebuyers;
8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners;
9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use, or structure outside of the floodplain;
10. Provide for aesthetically pleasing open space adjacent to Lake Superior and other water bodies in the City of Ashland; and
11. Provide for the protection of natural resources.
General Provisions.
1. Areas to be regulated. This section regulates all areas within the limits of the City of Ashland that would be covered by the regional flood or base flood. Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as “A-Zones” on the Flood Insurance Rate Map.
2. Official floodplain maps. The boundaries of all floodplain districts are designated as floodplains or “A-Zones” on the Flood Insurance Rate Map (FIRM), community number 550005, panel number 0001, dated September 30, 1977 and panel number 0002, dated September 30, 1977, and the revisions in the City of Ashland Floodplain Appendix, if applicable.
3. Amendments to the official floodplain maps. Any changes to the base flood information in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) shall follow the amendment procedures described in Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
4. Establishment of districts. The Floodplain Overlay is divided into three (3) districts as follows:
  1. FW Floodway District. The FW Floodway District is the channel of a river or stream (or a portion of water body) and those portions of the floodplain adjoining the channel (or portion of a water body) required to carry the regional floodwaters.
  2. FF Flood fringe District. The FF Flood fringe District is that portion of the floodplain between the regional flood limits and the floodway.
  3. GFP General Floodplain District. The GFP General Floodplain District comprises those areas that have been or may be covered by floodwater during the regional flood.
5. Locating floodplain boundaries and resolving boundary discrepancies.
  1. Profile elevation. The Zoning Administrator or Designated Authorized Agent can rely on a boundary derived from a profile elevation to grant or deny a development permit, whether or not a map amendment is required. The Zoning Administrator or Designated Authorized Agent shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this Ordinance.
  2. Discrepancies. Discrepancies between boundaries on the official floodplain zoning map specified in this Section and actual field conditions shall be resolved as follows:
    1. If a flood profile exists, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevation shall govern if there are any discrepancies. Where the flood profiles are based on established base flood elevations from a Flood Insurance Rate Map, the Federal Emergency Management Agency (FEMA) must approve a map amendment, pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay;
    2. Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual onsite inspection, and any information provided by the Wisconsin Department of Natural Resources.
  3. Disputes. Disputes between the Zoning Administrator or Designated Authorized Agent and an owner of owner’s agent shall be resolved by the Zoning Board of Appeals pursuant to Section 3.12: Appeals, Variances, and Boundary Disputes relating to the Floodplain Overlay.
6. Removal of lands from the floodplain.
  1. Compliance with the provisions of this Ordinance shall not be grounds for removing land from the floodplain unless the following conditions are met:
    1. The subject area is filled at least two (2) feet above the regional or base flood elevation;
    2. The subject area filled is contiguous to land outside the floodplain; and
    3. The map is amended pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
  2. Removing land from the floodplain does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact the Federal Emergency Management Agency (FEMA) to request a Letter of Map Change (LOMC).
7. Compliance. Any development or use within the areas regulated by this Ordinance shall be in compliance with the terms of this Ordinance and other applicable, local, state, and federal regulations. Unless exempted by law, all government agencies are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.2022 of the Wisconsin Statutes applies.
8. Abrogation and greater restrictions.
  1. This Ordinance supersedes all provisions of any zoning ordinance enacted in the City of Ashland under Section 62.23 of the Wisconsin Statutes, which relates to floodplains. If another ordinance is more restrictive than this Ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. If this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
9. Interpretation. In their interpretation and application, the provisions of this Ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this Ordinance, required by Chapter NR 116 of the Wisconsin Administrative Code is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance.
10. Warning and disclaimer of liability. The flood protection standards of this Ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by human or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this Ordinance create liability on the part of, or a cause of action against, the City of Ashland or any officer or employee thereof for any flood damage that may result from reliance on this Ordinance.
Development Standards Applicable to All Floodplain Districts.
1. Hydraulic and hydrologic analyses.
  1. Except as allowed in this subparagraph, no floodplain development shall do any of the following:
    1. Obstruct flow, defined as development that blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
    2. Increase regional flood height due to floodplain storage area lost, which equals or exceeds one one-hundredths (0.01) foot.
  2. The Zoning Administrator or Designated Authorized Agent shall deny development permits if it is determined the proposed development will obstruct flow or increase regional flood heights one one-hundredths (0.01) foot or more, based on the officially adopted Flood Insurance Rate Map (FIRM) or other adopted map, unless the provisions of Subparagraph c. are met.
  3. Obstructions or increases equal to or greater than one one-hundredths (0.01) foot may only be permitted if amendments are made to this Ordinance, the official floodplain zoning map, floodway lines, and water surface profiles pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay. Any such amendments must be reviewed and approved by the Regional Office of the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
2. Watercourse alterations.
  1. No development permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator or Designated Authorized Agent has notified in writing all adjacent municipalities, the Regional Office of the Department of Natural Resources, and the Federal Emergency Management Agency (FEMA) and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
  2. As soon as practical, but not later than six (6) months, after the date of the watercourse alteration or relocation, the Zoning Administrator or Designated Authorized Agent shall notify the Federal Emergency Management Agency (FEMA) of the changes by submitting appropriate technical or scientific data in accordance with National Flood Insurance Program (NFIP) guidelines that shall be used to revise the Flood Insurance Rate Map (FIRM), risk premium rates, and floodplain management regulations as required.
3. Development of docks, piers, wharves, bridges, and similar structures. Development that requires a permit from the Wisconsin Department of Natural Resources under Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes, such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, base flood elevations established in the Flood Insurance Study, or other data from the officially adopted Flood Insurance Rate Map (FIRM), or other floodplain zoning maps or the provisions of this Section are made pursuant to Section 3.6: Map and/or Text Amendments to the Floodplain Overlay.
4. Public or private campgrounds. Public or private campgrounds in the Floodplain Overlay shall have a low flood damage potential and shall meet the following provisions:
  1. The campground is approved by the Wisconsin Department of Health Services;
  2. A development permit for the campground is issued by the Zoning Administrator or Designated Authorized Agent;
  3. The character of the water body and the elevation of the campground are such that a seventy-two (72) hour warning of an impending flood can be given to all campground occupants;
  4. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this Section to all persons in the campground. The procedure shall include a written agreement between the campground owner, the local emergency government coordinator, and chief law enforcement official, which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used, and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
  5. This agreement shall be for no more than one (1) calendar year, at which time the agreement shall be reviewed and updated (by the officials specified in Subparagraph d. above) to remain in compliance with all applicable regulations, including those of the Wisconsin Department of Health Services and all other applicable regulations;
  6. Only camping units are allowed;
  7. The camping units may not occupy any site in the campground for more than one hundred eighty (180) consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of twenty-four (24) hours;
  8. All camping units that remain on site for more than thirty (30) days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed one hundred eighty (180) days and shall ensure compliance with all provisions of this Section;
  9. The City of Ashland shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this Section;
  10. All camping units that remain in place for more than one hundred eighty (180) consecutive days shall meet the applicable requirements Subsection D or Subsection E of this Section for the floodplain district in which the structure is located;
  11. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued;
  12. All service facilities, including, but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems, and wells shall be properly anchored and placed at or flood proofed to the flood protection elevation.
Development Standards Applicable to the FW Floodway District.
1. Applicability. This Subsection applies to all floodway areas on the official floodplain zoning maps or as may be amended pursuant to this Section.
2. Permitted uses. The following open space uses shall be allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited in the underlying zoning district, they meet the standards of this Subsection, and all permits or certificates have been issued pursuant to this Ordinance:
  1. Agricultural uses, including, but not limited to, farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting;
  2. Nonstructural industrial and commercial uses, such as loading areas, parking areas, and airport landing strips;
  3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas, and hiking and horseback riding trails, subject to the fill limitations of this Subsection;
  4. Uses or structures accessory to open space uses, or classified as historic structures that comply with this Subsection;
  5. Extraction of sand, gravel, or other materials that comply with this Subsection;
  6. Functionally water-dependent uses, such as docks, piers, wharves, dams, flowage areas, culverts, navigational aids, and river crossings of transmission lines and pipelines that comply with Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes;
  7. Public utilities, streets, and bridges that comply with this Subsection.
3. Standards for development in floodway areas.
  1. General.
    1. Any development in floodway areas shall comply with Subsection C, General Standards Applicable to All Floodplain Districts and have low flood damage potential.
    2. Applicants shall provide the following data to determine the effects of the proposal according to the hydraulic and hydrologic analyses specified in Subsection C:
      1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
      2. An analysis calculating the effects of this proposal on regional flood height.
    3. The Zoning Administrator or Designated Authorized Agent shall deny the development permit application if the project will increase flood elevations upstream or downstream one one-hundredths (0.01) foot or more, based on the data submitted in Clause (2) above.
  2. Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
    1. The structure is not designed for human habitation and does not have a high flood damage potential;
    2. The structure must be anchored to resist flotation, collapse, and lateral movement;
    3. Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and
    4. The structure must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
  3. Public utilities, streets, and bridges. Public utilities, streets, and bridges may be allowed by permit if the following conditions are met:
    1. Adequate flood proofing measures are provided to the flood protection elevation; and
    2. Construction meets the development standards specified in Subsection C.,1. of this Section.
  4. Fills or deposition of materials. Fills or deposition of materials may be allowed by permit if the following conditions are met:
    1. The requirements of Subsection C.,1. of this Section are met;
    2. No material is deposited in the navigable channel unless a permit issued by the Wisconsin Department of Natural Resources pursuant to Chapter 30 of the Wisconsin Statutes, and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 United States Code 1344 has been issued, if applicable, and the other requirements of this Section are met;
    3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling, or bulkheading; and
    4. The fill is not classified as a solid or hazardous material.
4. Prohibited uses. All uses not listed as permitted uses in the Floodway District are prohibited, including the following uses:
  1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
  2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish, or other aquatic life;
  3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
  4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Wisconsin Department of Natural Resources approved campgrounds that meet the applicable provisions of local ordinances and Chapter SPS 383 of the Wisconsin Administrative Code.
  5. Any public or private wells that are used to obtain potable water, except those for recreational areas that meet the requirements of the City of Ashland’s ordinances and Chapter NR 811 of the Wisconsin Administrative Code and Chapter NR 812, Wisconsin Administrative Code;
  6. Any solid or hazardous waste disposal sites;
  7. Any wastewater treatment ponds or facilities, except those permitted under Section NR 110.15,(3),(b) of the Wisconsin Administrative Code; or
  8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
Development Standards Applicable to the FF Flood fringe District.
1. Applicability. This Subsection applies to flood fringe areas shown on the official floodplain zoning maps or as may be amended pursuant to this Section.
2. Permitted uses. Any structure, land use, or development is allowed in the Flood fringe District if they are not prohibited in the underlying zoning district, they meet the standards of this Subsection, and all permits or certificates have been issued pursuant to this Ordinance.
3. Standards for development in flood fringe areas. In addition the following requirements, any development in floodway areas shall comply with Subsection C, General Standards Applicable to All Floodplain Districts and have low flood damage potential.
  1. Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the flood fringe area, shall meet or exceed the following standards:
    1. The elevation of the lowest floor, excluding the basement or crawlspace, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least fifteen (15) feet beyond the limits of the structure. The Wisconsin Department of Natural Resources may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;
    2. The basement or crawlspace floor may be placed at the regional flood level if it is floodproofed to the flood protection elevation. No basement or crawlspace floor is allowed below the regional flood elevation;
    3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Clause (4) below;
    4. In development where existing street or sewer line elevations make compliance with Clause (3) above impractical, the City of Ashland may permit new development and substantial improvements where access roads area at or below the regional flood elevation if one or more of the following conditions are met:
      1. The City of Ashland has written assurance from police, fire, and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Wisconsin Department of Natural Resources.
  2. Accessory structures or uses.
    1. Except as provided in Clause (2) below, an accessory structure that is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
    2. An accessory structure that is not connected to the principal structure and that is less than six hundred (600) square feet in size and valued at less than ten thousand dollars ($10,000) may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two (2) feet per second and it meets all the provisions of Subsection D.,3.,b.,Structures of this Section and Subsection E.,3.,e., Storage of Materials of this Section.
  3. Commercial uses. Any commercial structure that is erected, altered, or moved into the floodfringe area shall meet the requirements of this Subsection. Subject to the requirements of Subsection E.,3.,e., Storage of Materials of this Section, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  4. Manufacturing and industrial uses. Any manufacturing and industrial structure that is erected, altered, or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures specified in this Section. Subject to the requirements of Subsection E.,3.,e., Storage of Materials, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  5. Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with this Section. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
  6. Public utilities, streets, and bridges. All utilities, streets, and bridges shall be designed to be compatible with comprehensive floodplain development plans and as follows:
    1. When failure of public utilities, streets, and bridges would endanger public health or safety, or where such utilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with this Section to the flood protection elevation; and
    2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
  7. Sewage systems. All onsite sewage disposal systems shall be floodproofed, pursuant to this Section, to the flood protection elevation and shall meet the provisions of all local ordinances and Chapter SPS 383 of the Wisconsin Administrative Code.
  8. Wells. All wells shall be floodproofed, pursuant to this Section, to the flood protection elevation and shall meet the provisions of Chapter NR 811 of the Wisconsin Administrative Code and Chapter NR 812 of the Wisconsin Administrative Code.
  9. Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
  10. Deposition of materials. Any deposited material must meet all the provisions of this Ordinance.
  11. Manufactured homes.
    1. Owners or operators of all manufactured home communities and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
    2. In existing manufactured home communities, all new homes, replacement homes on existing pads, and substantially improved homes shall have the lowest floor elevated to the flood protection elevation and be anchored so they do not float, collapse, or move laterally during a flood.
    3. Outside of existing manufactured home communities, including new manufactured home communities and all single units outside existing manufactured home communities, all new, replacement, and substantially improved manufactured homes shall meet the residential development standards for the flood fringe as specified in this Section.
  12. Mobile recreational vehicles. All mobile recreational vehicles that are on site for one hundred eighty (180) consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements specified in this Section. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices, and has not permanently attached additions.
Development Standards Applicable to the GFP General Floodplain District.
1. Applicability. The provisions of the General Floodplain District shall apply to all floodplains for which flood profiles are not available or where flood profiles are available, but floodways have not been delineated. Floodway and flood fringe districts shall be delineated when adequate information is available.
2. Permitted uses.
  1. Pursuant to Subsection F.,4., Determining Floodway and Flood fringe Limits, it shall be determined whether the proposed use is located within a floodway or flood fringe area.
  2. Those uses permitted in the floodway and flood fringe areas as specified in this Section are allowed within the General Floodplain District, according to the standards of this Subsection and provided that all permits or certificates required under this Section have been issued.
3. Standards for development in the General Floodplain District. Subsection D., Development Standards Applicable to the FW Floodway District applies to floodways. Subsection E., Development Standards Applicable to the FF Flood fringe District applies to flood fringe areas. All other provisions of this Section apply to either district.
4. Determining floodway and flood fringe limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Require the applicant to submit two copies of an aerial photograph or a plan that shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations, and floodproofing measures;
  2. Require the applicant to furnish any of the following information deemed necessary by the Wisconsin Department of Natural Resources to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation, and to determine floodway boundaries:
    1. A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information;
    2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
    3. Profile showing the slope of the bottom of the channel or flow line of the stream; and
    4. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply, and sanitary facilities.
  3. Transmit one copy of the information described in 4.,a. and 4.,b. of this Subsection to the Regional Office of the Wisconsin Department of Natural Resources with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. If a development permit is required, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

4.51 WET-O Wetland Overlay District

Intent. Uncontrolled use of the shoreland and wetlands and pollution of the navigable waters of City of Ashland would adversely affect the public health, safety, convenience, and general welfare, and impair the tax base. Consequently, the intent of the WET-O Wetland Overlay District is to accomplish the following:
1. Promote the public health, safety, convenience, and general welfare;
2. Maintain the storm and flood water storage capacity of wetlands;
3. Prevent and control water pollution by preserving wetlands, which filter or store sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
4. Protect fish, their spawning grounds, other aquatic life, and wildlife by preserving wetlands and other aquatic habitat;
5. Prohibit certain uses detrimental to the shoreland and wetland areas; and
6. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland and wetland excavation, filling and other earth moving activities.
General Provisions.
1. Compliance. The use of wetlands and the alteration of wetlands within the City of Ashland shall be in full compliance with the provisions of this Ordinance and other applicable, local, state, or federal regulations. All permitted development shall require the issuance of a development permit or building permit unless otherwise expressly excluded by this Ordinance. Unless exempted by law, all government agencies are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.12,(4),(a) of the Wisconsin Statutes applies.
2. Abrogation and greater restrictions.
  1. This Ordinance supersedes all provisions of any ordinance adopted by the City of Ashland under Section 62.23 of the Wisconsin Statutes, which relates to floodplains and shoreland-wetlands, except that where another applicable ordinance is more restrictive than this Ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This Ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
3. Interpretation. In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this Ordinance is required by a standard in Chapter NR 117 of the Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance.
District Boundaries.
1. Wetland zoning maps. The following maps are hereby adopted and made part of this Ordinance and are on file in the Office of the Clerk of the City of Ashland:
  1. Wisconsin Wetland Inventory maps stamped “FINAL” on December 17, 1985;
  2. Floodplain zoning maps titled “Flood Insurance Rate Map” dated September 30, 1977;
  3. United States Geological Survey quadrangle maps current at the time of the adoption of this Ordinance; and
  4. Official City Zoning Map.
2. District boundaries. The Wetland Overlay District includes, at a minimum, all wetlands in the City of Ashland that are five (5) acres or more and that are shown on the Wisconsin Wetland Inventory Map stamped “Final”, which has been adopted and made a part of this Ordinance, and provided that the wetlands are consistent with the following conditions:
  1. Within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the city shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Ordinance; or
  2. Within three hundred (300) feet of the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Ordinance. The adopted Flood Insurance Rate Maps or other adopted community floodplain maps used to delineate the floodplain area shall be used to determine the extent of the floodplain areas.
3. Determinations of navigability and ordinary high water mark location. Determinations of navigability and ordinary high water mark locations shall be made by the Zoning Administrator or Designated Authorized Agent. When questions arise, the Zoning Administrator or Designated Authorized Agent shall contact the Regional Office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high water mark.
4. Discrepancies between the official maps and field conditions. When an apparent discrepancy exists between the Wetland Overlay District boundary shown on the adopted maps and actual field conditions at the time the maps were adopted, the Zoning Administrator or Designated Authorized Agent shall contact the appropriate District Office of the Wisconsin Department of Natural Resources to determine if the Wetland Overlay District boundary as mapped, is in error. If the Wisconsin Department of Natural Resources staff concur with the Zoning Administrator or Designated Authorized Agent that a particular area was incorrectly mapped as a wetland, the Zoning Administrator or Designated Authorized Agent shall have the authority to immediately grant or deny a development permit or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in this Section, the Zoning Administrator or Designated Authorized Agent shall be responsible for initiating a map amendment within a reasonable time.
5. Additional wetlands. From time to time the City of Ashland may amend this Ordinance to include additional wetlands in this District pursuant to the procedures specified in Section 3.7., Map and/or Text Amendment to the Wetland Overlay District.
Uses.
1. Permitted uses. The following uses are permitted subject to the provisions of Chapter 30 of the Wisconsin Statutes and Chapter 31 of the Wisconsin Statutes, and the provisions of all other applicable local, state, and federal laws:
  1. Activities and uses that do not require the issuance of a development permit or building permit, provided that no wetland alteration occurs:
    1. Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;
    2. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
    3. The practice of silviculture, including the planting, thinning, and harvesting of timber;
    4. The pasturing of livestock;
    5. The cultivation of agricultural crops; and
    6. The construction and maintenance of duck blinds.
  2. Uses that do not require the issuance of a development permit or building permit and that may involve wetland alterations only to the extent specifically provided below:
    1. The practice of silviculture, including limited temporary water level stabilization measures that are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
    2. The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
    3. The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
    4. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
    5. The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges built on pilings, including limited excavating and fill necessary for such construction or maintenance;
    6. The installation and maintenance of sealed tiles for the purpose of draining lands outside the Wetland Overlay District, provided that such installation or maintenance is done in a manner designed to minimize impacts upon the natural functions of the wetland specified in this Section; and
    7. The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
  3. Uses that are allowed upon the issuance of a development permit or building permit and that may include wetland alterations only to the extent specifically provided below:
    1. The construction and maintenance of roads that are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted under this Section, provided that the following conditions are met:
      1. The road cannot, as a practical matter, be located outside the wetland;
      2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland specified in this Section;
      3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
      4. Road construction activities are carried out in the immediate area of the roadbed only; and
      5. Any wetland alteration must be necessary for the construction or maintenance of the road.
    2. The construction and maintenance of nonresidential buildings provided that the following conditions are met:
      1. The building is used solely in conjunction with a use permitted in this Section or for the raising of waterfowl, minnows, or other wetland or aquatic animals;
      2. The building cannot, as a practical matter, be located outside the wetland;
      3. The building does not exceed five hundred (500) square feet in floor area; and
      4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
    3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural, and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves, and public boat launching ramps, provided that the following conditions are met:
      1. Any private development under this clause shall be used specifically for the permitted purpose;
      2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of park shelters, or similar structures is allowed;
      3. The construction and maintenance of roads necessary for the uses permitted under this Clause are allowed only where such construction and maintenance meets the criteria specified in Subsection D., 1., c.,(1) of this Section; and
      4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
    4. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines, sewage collection lines and related facilities, and the construction and maintenance of railroad lines provided that the following are conditions are met:
      1. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
      2. Only limited filling and excavating necessary for such construction or maintenance is allowed; and
      3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland as specified in Section 3.7: Map and/or Text Amendments to the Wetland Overlay District.
2. Prohibited uses.
  1. Any use not listed as a permitted use in this Section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this Ordinance pursuant to Section 3.7: Map and/or Text Amendments to the Wetland Overlay District.
  2. The use of a boathouse for human habitation, and the construction or placement of a boathouse or fixed boathouse below the ordinary high water mark of any navigable waters, is prohibited.

4.52-4.54 (Reserved)

(Reserved for potential additional overlay districts other than PUDs.)

4.55 PUD Planned Unit Development Overlay District

Intent. The Planned Unit Development (PUD) Overlay District is intended to encourage efficient use of land and provision of amenities by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the parcel restrictions of the standard or underlying zoning districts of this Ordinance.
Applicability.
1. Ownership. A tract of land proposed to be developed as a planned unit development (PUD) shall be under the control of a single owner, partnership, corporation, or association where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district and to record such covenants, easement, and other provisions with Ashland County.
2. Minimum area. A planned unit development shall have a minimum of ten (10) acres unless specified otherwise in this Ordinance. However, the Zoning Administrator, Plan Commission or Designated Authorized Agent may waive the minimum area requirement if the Zoning Administrator, Plan Commission or Designated Authorized Agent finds that it is in the best interest of the community to allow a planned unit development with an area of less than ten (10) acres.
3. Condominium projects. Condominium projects with jointly owned common spaces and/or commonly owned structural walls, roofs, or other structural elements must be approved as Planned Unit Development if, as a result of a condominium division of the land, the parcel requirements of the district in which the development is located cannot otherwise be met. This requirement would apply to townhouses where the resulting parcel size would be less than otherwise required.
4. Conservation subdivision development. Conservation subdivision developments pursuant to Section 4.56 Conservation Subdivision Overlay District shall be processed in accordance with the planned unit development provisions of this Section.
5. Traditional neighborhood design development. Traditional neighborhood design developments pursuant to Section 4.57: Traditional Neighborhood Design Overlay District shall be processed in accordance with planned unit development provisions of this Section.
Administration. Refer to Section 3.8: Creation of a Planned Unit Development (PUD) Overlay District for application and administration of the Planned Unit Development (PUD) Overlay District.

4.56 Conservation Subdivision Overlay District

Intent. The intent of this Section is to allow the optional development and redevelopment of land in the City of Ashland consistent with the principles of conservation subdivision developments and in accordance with planned unit development (PUD) procedures. For the purpose of this Ordinance, a conservation subdivision development is intended to allow for a more compact layout of rural residential uses than is typically allowed in conventional rural residential development in return for the conservation of a large contiguous area of common open space that helps conserve rural character or significant natural or cultural resources. More specifically, the intent of the Conservation Subdivision Overlay District is as follows:
1. Guide the future growth and development of the community consistent with the City of Ashland’s adopted Comprehensive Plan;
2. Guide the detailed analysis of land so as to locate and coordinate appropriate areas for development and conservation;
3. Preserve rural character through the permanent preservation of meaningful open space and sensitive natural resources;
4. Preserve scenic views by minimizing views of new development from existing roads;
5. Preserve agricultural land by concentrating housing on lands that have low agricultural potential;
6. Provide commonly owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;
7. Provide for a diversity of parcel sizes, housing choices, and building densities to accommodate a variety of age and income groups;
8. Provide buffering between residential development and non-residential uses;
9. Protect and restore environmentally sensitive areas and biological diversity, minimize disturbance to significant existing vegetation, and maintain environmental corridors;
10. Preserve significant archaeological sites, historic buildings, and their settings; and
11. Meet demand for housing in a rural setting.
Applicability. A conservation subdivision development is allowed pursuant to the following conditions:
1. Allowable underlying zoning district. A conservation subdivision development shall only be allowed in the FD Future Development District;
2. Minimum area. A conservation subdivision development shall have a minimum area of twenty acres (20) acres or more;
3. Minimum of four residential parcels. The conservation subdivision development shall have at least four (4) residential parcels;
4. Planned unit development. A conservation subdivision development shall be designed and processed pursuant to the planned unit development procedures specified in Section 4.55 PUD Planned Unit Development Overlay District and Section 3.8: Creation of a Planned Unit Development (PUD) Overlay; and
5. Plat. The creation of a conservation subdivision shall require preliminary and final plat approval pursuant to Section 3.23: Preliminary Plat and Section 3.24: Final Plat.
Permitted Uses and Density.
1. Permitted uses. Single-family detached residential dwellings, agriculture, parks, open space, and similar and related uses are the only permitted uses in a conservation subdivision development. Commercial and industrial uses shall be prohibited.
2. Overall density and development yield. The overall density for the parent parcel is the same as would be allowed for a conventional development in the FD Future Development District, except the base development yield may be increased if the development complies with one or more of the following standards. Each standard provides a development yield bonus of five (5) percent in addition to the base development yield. The maximum bonus permitted is twenty (20) percent.
  1. Endowment. Creation of an endowment where the principal would generate sufficient annual interest to cover the conservation easement holder’s yearly costs relating to taxes, insurance, maintenance, enforcement, and similar items.
  2. Public access. Provision of access by the general public to trails, parks, or other recreational facilities, excluding golf courses.
  3. Affordable housing. Provision of affordable housing, to include a minimum of twenty-five (25) percent of all units that would be affordable to moderate income households, as defined by the United State Department of Housing and Urban Development.
  4. Historical buildings. Reuse of historical buildings and structures, including those sites inventoried by the State Historical Society of Wisconsin. The United States Secretary of the Interior’s Standards for Rehabilitation of Historic Properties shall apply.
Design Standards.
1. Design theme. Conservation subdivision developments shall develop a conservation theme or themes. This theme shall be identified at the time of the initial planned unit development (PUD) application. Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural habitat restoration, viewshed preservation, or archaeological and historic properties preservation. The Plan Commission shall have the ability to specify which areas shall be preserved.
2. Residential parcel requirements.
  1. Parcel size. The minimum parcel size with onsite septic shall be one (1) acre. The minimum parcel size with off-site or community septic shall be one-quarter (1/4) acre.
  2. Setback requirements for principal buildings. The setbacks of underlying FD Future Development District may be modified as follows for an approved conservation subdivision development:
    1. Minimum principal building setback from the front parcel line or corner street side parcel line: Twenty five (25) feet;
    2. Minimum principal building setback from interior side parcel line: Eight (8) feet;
    3. Minimum principal building setback from rear parcel line: Thirty-five (35) feet.
  3. Height requirements for principal buildings. Principal buildings shall not exceed two stories above grade or thirty-five (35) feet in height.
  4. Size, height, and setback requirements of accessory buildings. The size, height, and setback requirements shall be as specified in Section 5.6, A.: Accessory Building.
  5. Maximum impervious coverage. Parcels shall be configured to minimize the amount of impervious surfaces, but in no case shall the impervious coverage of parcel exceed thirty-five (35) percent, except as may be modified pursuant to Section 6.1, D.: Impervious Coverage.
  6. Access. Most parcels shall take access from an interior local street. However existing farmsteads to be preserved may have a driveway as part of the historic landscape that does not access a local street.
  7. Streets. Parcels shall, to the maximum extent practical, be configured to minimize the amount of street length required for the development.
  8. Development envelopes. Development envelopes shall, to the maximum extent practical, be configured to minimize the loss of trees and other significant resources. Development envelopes shall not be located on ridges, hilltops, along peripheral public roads, or in other visually prominent areas.
  9. Agricultural uses. If agricultural uses are being maintained, parcels shall be configured in a manner that maximizes the usable area remaining for such agricultural uses with appropriate buffers between agricultural uses and residential structures.
  10. Common open space. All parcels within a neighborhood should abut common open space on at least one side. A local street may separate parcels from open space. Parcels should generally be oriented around a central green square and/or a physical amenity such as a meadow, a stand of trees, or some other natural or restored feature.
  11. Energy efficiency. Residential structures should be sited to maximize energy efficiency.
3. Residential cluster siting standards and guidelines.
  1. Residential clusters. All residential parcels and dwellings shall be grouped into clusters. Each cluster shall contain no less than four (4) dwelling units and no more than twenty (20) dwelling units.
  2. Location of residential clusters. Residential clusters shall be located to minimize negative impacts on the natural, scenic, and cultural resources of the site and conflicts between compatible uses.
  3. Encroachment on significant natural resources prohibited. Residential clusters shall avoid encroaching on rare plant communities, sites with high environmental or cultural qualities, or endangered species identified by the Department of Natural Resources.
  4. Connections to adjacent open space. Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.
  5. Siting criteria. Residential clusters shall be sited to achieve the following goals, to the extent practical:
    1. Minimize impacts to agricultural uses and avoid interference with normal agricultural practices;
    2. Minimize disturbance to woodlands, wetlands, grasslands, and specimen trees;
    3. Prevent downstream impacts due to runoff through adequate onsite storm water management practices pursuant to the provisions of this Ordinance;
    4. Protect scenic views of open land from adjacent roads. Visual impact shall be minimized through use of landscaping or other features; and
    5. Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.
  6. Landscape screening. Landscaping around the cluster may be necessary to reduce off-site views of residence.
4. Common open space design standards and guidelines.
  1. Ownership and use. The minimum common open space required shall be owned and maintained under one of the alternatives listed in this Section and as approved by the Common Council. The uses within the open space shall be accessible to residents of the development. These uses may also be available to the general public providing the proper approvals are received. The required common open space shall be undivided and restricted in perpetuity from future development as specified in this Section.
  2. Minimum area. Common open space shall be designated as part of the development. The minimum required common open space is sixty (60) percent of the gross acreage.
  3. Priorities. The areas to be preserved as common open space shall be identified on an individual basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site. In general, common open space priorities shall be as follows:
    1. First priority shall be given to intact natural communities, rare and endangered species, environmental corridors, natural and restored prairies, significant historic and archaeological properties, and steep slopes;
    2. Second priority shall be given to areas providing some plant and wildlife habitat and open spaces values;
    3. Third priority shall be given to areas providing little habitat, but providing viewshed, recreation, or a sense of open space.
  4. Allowable structures. The following areas or structures may be located within the common open space area and shall be counted toward the overall common open space percentage required:
    1. Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space;
    2. Privately held buildings or structures provided they are accessory to the use of the common open space;
    3. Shared septic systems and shared potable water systems.
  5. Street right-of-ways. Street right-of-ways shall not be counted toward the required minimum common open space.
  6. Water bodies. No more than fifty (50) percent of the required common open space may consist of water bodies, ponds, floodplains, or wetlands.
  7. Plant and animal habitat. That portion of the common open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas to the extent practical.
  8. Recreational use. Accessible common open space in upland areas shall be available for recreational uses such as trails, play areas, or community gardens, but shall be designed in a manner that avoids adversely impacting archaeological sites.
  9. Trails. A trail system connection common open space areas accessible to neighborhood residents, and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the conservation subdivision plan.
5. Sewage and water facilities.
  1. Drinking water. Unless municipal water service is readily available, water for a conservation subdivision shall be provided by individual onsite wells or by one or more community wells meeting the requirements of the State of Wisconsin and the City of Ashland. The use of shared or community wells is encouraged. Plans for shared or community wells shall include a wellhead protection plan with separation distances for the zones of influence and sources of pollution.
  2. Sanitary sewer. Unless municipal sanitary sewer is readily available, sewer for a conservation subdivision shall be provided with an onsite sewage system that complies with the requirements of the State of Wisconsin and the City of Ashland. The use of a common sewage treatment system and disposal unit located on the common open space is encouraged.

4.57 Traditional Neighborhood Design Overlay District

Intent. The intent of this Subsection is to allow the optional development and redevelopment of land in the City of Ashland consistent with the principles of traditional neighborhood design and in accordance with planned unit development (PUD) procedures. For the purpose of this Ordinance, a traditional neighborhood design is intended to have the following characteristics:
1. A more compact layout of buildings and uses than is typically allowed in conventional developments;
2. An emphasis on building and site design that relates well to the human scale;
3. A mixture of uses that may include residential, commercial, civic, light industries, green industries, and open spaces in close and harmonious relationship with one another in the neighborhood;
4. A mixture of housing styles, types, and sizes to accommodate a variety of household ages, sizes, and incomes;
5. A system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists, and provides for connections to existing and future developments;
6. Preservation of existing buildings with historical or architectural features that enhance the visual character of the community;
7. Incorporation of significant environmental features into the development; and
8. Consistency with the goals, objectives, policies, and plans of the adopted Comprehensive Plan of the City of Ashland.
Applicability. A traditional neighborhood design development may be allowed pursuant to the following:
1. Allowable underlying zoning districts. A traditional neighborhood design development shall only be allowed in the following underlying zoning districts:
  1. MRC Mixed Residential/Commercial District;
  2. PRI Planned Residential/Institutional District;
  3. CC City Center District;
  4. W-MRC Waterfront Mixed Residential/Commercial District;
  5. W-CRM Waterfront Conference/Residential Mix; or
  6. W-CC Waterfront City Center District.
2. Minimum area. A traditional neighborhood design development shall have an area of at least twenty (20) acres if located in the PRI Planned/Residential Institutional District or at least ten (10) acres if located in another allowable district. However, the Common Council can waive the minimum area requirement if the Council finds that the proposed development is consistent with the intent of this Section and that the development would be in the best interest of the community.
3. Planned unit development. A traditional neighborhood design development shall be designed and processed pursuant to the planned unit development procedures specified in Section 4.55: PUD Planned Unit Overlay District and Section 3.8: Creation of a Planned Unit Development (PUD) Overlay District.
4. Plat. The creation of a traditional neighborhood design development shall require preliminary and final plat approval pursuant to Section 3.23: Preliminary Plat and Section 3.24: Final Plat.
Uses. Traditional neighborhood design developments shall have a mixture of uses consistent with the permitted uses and conditional uses in the underlying zoning district. In cases where a traditional neighborhood design involves infill or redevelopment, existing adjacent uses may help satisfy the desired mixture of uses. The mixture of uses shall be consistent with the following criteria:
1. Residential. To the maximum extent practical, the development shall provide a mixture of housing to address the diverse needs of the community. Housing may include single-family detached dwellings, single-family attached dwellings, multi-family dwellings, accessory dwellings, community living arrangements, and assisted living facilities where appropriate in the underlying districts. The housing shall also be designed to address a diverse range of incomes.
2. Commercial. A variety of commercial uses that cater to the daily needs of the development shall be provided within the development. Such uses may include neighborhood convenience stores, coffee shops, personal service uses, and similar uses. Individual commercial uses shall not exceed two thousand five hundred (2,500) feet. Commercial uses shall be designed and placed to promoted pedestrian access.
3. Industry. Light industries and/or green industries may be appropriate in certain underlying districts. Industry shall be compatible with the residential and commercial uses in the development.
4. Public, civic, and institutional uses. Where feasible, public, civic, and institutional uses shall be integrated into the development. Such uses may include schools, religious institutions, community centers, and similar uses.
5. Open space. At least ten (10) percent of the development shall consist of common open space accessible to the public. The type of open space will depend on the underlying zoning district in which the development is located.
6. Ratio of residential to non-residential uses. The total area of non-residential uses shall not exceed twenty-five (25) percent of the total area of the traditional neighborhood design development.
Design Standards and Guidelines. A traditional neighborhood design development shall be designed with coordinated and harmonious building and site design integrated throughout the entire development. In addition to the design standards specified in Section 6.2: General Building Design Standards and Guidelines, design standards for traditional neighborhood design developments are as follows:
1. Basic dimensional requirements. Basic dimensional requirements including parcel area and width requirements, principal building setback requirements, allowable height requirements, maximum building coverage requirements, maximum impervious coverage, and other dimensional requirements shall be similar to the dimensional requirements of the underlying zoning district. However, the dimensional requirements can be adjusted pursuant to the planned unit development (PUD) procedures of this Ordinance.
2. Distinct character. A variety of architectural features and building materials shall be provided to give each building or group of buildings a distinct character that relates to the overall theme of the development.
3. Building height. Buildings shall not exceed the height requirements of the underlying zoning district. Buildings shall generally be no more than thirty (30) percent taller or thirty (30) percent shorter than the average building height on the block.
4. Entries and facades. The maximum extent practical, entries and facades shall comply with the following guidelines:
  1. The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street;
  2. The front façade of the principal building on any parcel shall face onto a public street;
  3. The front façade shall not be oriented to face directly toward a parking lot;
  4. All building entrances shall be clearly identified through architectural features;
  5. For commercial buildings, a minimum of fifty (50) percent of the front façade on the street level shall be transparent, consisting of window and door openings that allow views into and out of the interior; and
  6. New structures on opposite sides of the same street shall follow similar design guidelines.
5. Exterior signage. A comprehensive sign program is required for the entire development that establishes a uniform theme. Signs shall have a common style based on size, shape, color, and material.
6. Landscaping and screening. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. Larger, well-placed contiguous plantings are preferred to smaller disconnected areas.
7. Energy efficiency. Structures should be sited to maximize energy efficiency.