§ 151.009 CALCULATIONS.

   Net acres. For subdivisions, net acres are calculated by subtracting rights-of-ways and open space from gross acres. First, gross acres are reduced by 25% for rights-of-way; then acres are further reduced by 15% for open space. Net acreage is not applicable to partitions, except where a private access lane is created (flag lots) or open space is voluntarily set aside.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.010 DWELLINGS LOCATED OUTSIDE CITY LIMITS.

   (A)   Dwellings located outside of the Banks City Limits and within the Banks Urban Growth Boundary may be permitted subject to the provisions of this section.

   (B)   Building permits.

      (1)   The homeowner or their authorized representative shall obtain a certificate authorizing Washington County to issue a building permit for a new dwelling. Application shall be made at the city and shall include the following items:

         (a)   Plot plan showing the dwelling and all other structures, including all exterior dimensions; building elevations drawings for all sides; information describing roofing and siding materials, foundation support systems and materials;

         (b)   A written statement signed by the applicant pledging compliance with the terms set by the City of Banks and all other conditions of §§ 151.050 through 151.054; and

         (c)   Permit filing fee.

      (2)   An approved certificate to obtain a permit shall be issued within 10 days by the City of Banks after receipt of the required information indicated above.

      (3)   The certificate shall be denied when the applicant fails to provide the required information, and/or the proposed dwelling does not comply with the required codes specified herein.

   (C)   Occupancy requirements. Occupancy of the dwelling shall be governed by the building permit review procedure as administered by Washington County.

   (D)   Building removal. If the dwelling or other structures are removed from the property and not replaced with another structure within 6 months as evidenced by a building permit, the owner shall perform the following tasks unless otherwise authorized by the City of Banks:

      (1)   Remove any foundation and perimeter enclosures;

      (2)   Remove all accessories associated with the dwelling unit;

      (3)   Permanently disconnect and cap off all utilities including sewer, water, electricity, phone, cable television, and the like in the proper manner and time frame as may be specified by the utility agency; and/or

      (4)   In the event the owner fails to accomplish the required tasks as noted above, the City of Banks may perform the work and file a lien against the property for the cost to perform the work.

   (E)   Building abandonment. When a dwelling has been abandoned (not occupied) for a period of time which exceeds 5 or more years, the owner shall request an occupancy inspection and permit approved by the city building official prior to the dwelling being occupied again.

(Ord. 2021-08-02, passed 10-12-2021)

ESTABLISHMENT OF ZONES AND OVERLAY ZONES

§ 151.020 ZONES.

   All lands, tracts, and area within the corporate limits of the City of Banks are hereby included within 1 of the following described land use zones. The uses of land within the corporate limits of the city shall be limited to those permitted in the zone within which lands are situated.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.021 OVERLAY ZONES.

   An overlay zone may be applied to any underlying zone. The regulations of an overlay zone shall be supplementary to and modify the regulations of the underlying zone.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.022 ZONING CLASSIFICATIONS.

   The city is divided into the following zones and overlay, with applicable abbreviated designation/suffix:

Zones	Abbreviation
Residential Estate	RE
Low Density Residential	LDR
Medium Density Residential- Low	MDR-L
Medium Density Residential- High	MDR-H
High Density Residential	HDR
Mixed Use	MU
Community Facilities	CF
General Commercial	C
Downtown Commercial	DC
General Industrial	I

 

 

Overlay Zones	Suffix
Historic Resource Overlay	H

 

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.023 LOCATION OF ZONES AND OVERLAY ZONES.

   (A)   The boundaries for the zones and overlay zones listed in this chapter are indicated on the City of Banks Zoning Map, which is hereby adopted by reference. The boundaries shall be modified in accordance with the provisions of this chapter.

   (B)   The boundaries, legends, symbols, rotations, and references of each of the zoning classifications as depicted on the City of Banks Zoning Map are hereby adopted by reference.

   (C)   Unless otherwise specified, zone and overlay zone boundaries are section lines; subdivision lines; lot lines; centerlines of street or railroad right-of-way; or the lines extended.

   (D)   Where the exterior boundary of any zone or overlay zone conforms to the corporate boundary of the city, the city boundary shall likewise be depicted on the City of Banks Zoning Map.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.024 ZONING MAP.

   (A)   The City of Banks Zoning Map is hereto attached and by this reference made a part hereof, bearing the signatures of the Mayor and City Recorder of the City of Banks, and entitled City of Banks Zoning Map dated with the effective date of this chapter, it shall be maintained on file at all times in the office of the City Recorder.

   (B)   Whenever authorized map changes have accumulated, the City Council shall have prepared a revised Zoning Map depicting all changes authorized after the original map was adopted.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.025 ZONING OF ANNEXED AREAS.

   Concurrent with annexation of land to the City of Banks, the City Council, upon considering the recommendation of the Planning Commission, shall enact an ordinance applying applicable zoning designation(s) to the subject land, pursuant to §§ 151.300 through 151.306. The Comprehensive Plan shall guide the designation of zoning for annexed areas.

(Ord. 2021-08-02, passed 10-12-2021)

RESIDENTIAL ZONING REGULATIONS

§ 151.035 PURPOSE.

   (A)   This subchapter regulates allowed land uses in the residential zones ("uses") and sets forth lot and development standards, including minimum dimensions, area, density, coverage, structure height, and other provisions that control the intensity, scale, and location of development. The regulations of this chapter are intended to implement the City of Banks Comprehensive Plan and the purposes of this Code, per §§ 151.001 and 151.002.

   (B)   The intent and purpose of each residential zone is described as follows:

      (1)   The Residential Estate (RE) zone is intended to provide for low-density single family residential uses on large parcels at a density of 2.9 to 5.9 dwellings per net acre.

      (2)   The Low Density Residential (LDR) zone is intended to provide primarily single-family detached and duplex dwellings at a density of 6.0 to 7.9 dwellings per net acre.

      (3)   The Medium Density Residential-Low (MDR-L) zone is intended to provide for a blend of detached and attached single-family housing units with limited multi-family housing types at a density of 8.0 to 12.9 dwellings per net acre.

      (4)   The Medium Density Residential-High (MDR-H) zone is intended to provide for a blend of detached and attached single-family housing units and multi-family housing types at a density of 13.0 to 16.9 dwellings per net acre.

      (5)   The High Density Residential (HDR) zone is intended to provide for a broad range of housing types at a density of 17.0 to 30.0 dwellings per net acre. The HDR zone also provides opportunities for a limited amount of neighborhood-scale commercial uses.

      (6)   Mixed-Use (MU) zone is intended to provide a mix of medium density residential uses together with small to medium scale retail commercial and civic uses that emphasize a pedestrian environment.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.036 PERMITTED LAND USES IN RESIDENTIAL ZONES.

   The land uses listed in Table 2.2-A as "P" are permitted in the residential zones, subject to the provisions of this Code. Uses listed as "S" are permitted subject to the specific standards in §§ 151.075 through 151.085. Land uses designated with a "CU" require conditional use approval prior to development or a change in use, in accordance with §§ 151.270 through 151.273. Only land uses which are specifically listed as "P", "S" or "CU" in Table 2.2-A and land uses which are approved as "similar" to those listed in this table may be permitted.

TABLE 2.2-A: LAND USES PERMITTED IN RESIDENTIAL ZONES
Land Use	RE	LDR	MDR-L	MDR-H	HDR	MU
Single Dwelling, Detached	P	P	P	P	MPD	MPD
Accessory Dwelling Unit (Subject to § 151.075)	S	S	S	S	S	S
Duplex	P	P	P	P	MPD	MPD
Triplex	N	MPD	MPD	P	P	P
Fourplex	N	MPD	MPD	P	P	P
Townhome	N	MPD	P	P	P	P
Cottage Cluster	N	P	P	P	P	MPD
Multi-Dwelling	N	MPD	MPD	MPD	P	P
Manufactured Home - Individual Lot	P	P	P	P	N	N
Manufactured Home Park (Subject to § 151.076)	N	S	S	S	N	N
Residential Home (O.R.S. 197.665)	P	P	P	P	P	P
Family Day Care Home	P	P	P	P	P	P
Day Care Facility	CU	CU	CU	CU	P	P
Home Occupation (Subject to § 151.077)	S/CU	S/CU	S/CU	S/CU	S/CU	S/CU
Agriculture and Horticulture	N	N	N	N	N	N
Accessory Structure or Use	P	P	P	P	P	P
Church and Place of Worship	CU	CU	CU	CU	CU	CU
Club, Lodge and Similar Use	CU	CU	CU	CU	CU	CU
Government Office and Facilities	CU	CU	CU	CU	CU	CU
Library, Museum and Comm. Center	CU	CU	CU	CU	CU	CU
Wireless Communication Facility	N	N	CU	CU	CU	N
Public Park and Recreational Facility	CU	CU	CU	CU	CU	CU
Public and Private School	CU	CU	CU	CU	CU	CU
Bed and Breakfast	CU	CU	CU	CU	N	CU
Live/Work Residence (Subject to § 151.078)	S	S	S	S	S	S
Retail Sales and Service (Subject to § 151.079)	N	N	S	S	S	S
Prof. and Administrative Offices (Subject to § 151.079)	N	N	N	N	N	S
Medical and Dental Offices/Clinic (Subject to § 151.079)	N	N	N	N	N	S
Food-Beverage Sales, No Drive-Through	N	N	N	N	N	S
Similar Use per § 151.006(A)	P/CU	P/CU	P/CU	P/CU	P/CU	P/CU
Key: P = Permitted, subject to site/development review S = Permitted, subject to special use standards in §§ 151.075 through 151.085 MPD = Permitted, subject to master planned development approval in §§ 151.335 through 151.344 CU = Conditional use permit required N = Not permitted

 

(Ord. 2021-08-02, passed 10-12-2021)