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§ 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
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
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)
§ 151.037 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONES.
   The development standards in Table 2.2-B apply to all uses, structures, buildings, and development allowed in the residential zones.
TABLE 2.2-B DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Development Standard
RE
LDR
MDR-L
MDR-H
HDR
MU
TABLE 2.2-B DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Development Standard
RE
LDR
MDR-L
MDR-H
HDR
MU
Minimum Density (DU/Net Acre)
Maximum Density (DU/Net Acre)
(see § 151.110)
2.9
5.9
6.0
7.9
8.0
12.9
13.0
16.9
17.0
30.0
10.00
16.9
Minimum Lot Area (square feet)1
   Single-Family Detached
   Duplex
   Triplex
   Fourplex
   Townhome
   Townhome Center Lot
   Cottage Cluster
   Multi-Family
 
10,0002
10,000
NA
NA
NA
NA
NA
NA
 
7,000
7,000
NA
NA
NA
NA
7,000
NA
 
5,000
5,000
6,000
6,000
2,000
4,000
7,000
NA
 
4,500
4,500
5,000
5,000
2,000
4,000
7,000
NA
 
NA
NA
5,000
5,000
2,000
4,000
7,000
5,0003
 
NA
NA
5,000
5,000
2,000
4,000
NA
5,0003
Minimum Lot Width (feet)
   Townhome
   Townhome Corner Lot
   All Other
 
NA
NA
70
 
NA
NA
50
 
20
40
40
 
20
40
40
 
20
40
40
 
20
40
40
Minimum Lot Depth (feet)
1.5 times the minimum lot width, or 100 feet, whichever is less
Maximum Building Coverage (%)
   Single-Family Detached
   Duplex
   Triplex
   Fourplex
   Townhome
   Cottage Cluster
   Multi-Family
 
50
NA
NA
NA
NA
NA
NA
 
50
60
NA
NA
NA
60
NA
 
50
60
None
None
70
70
NA
 
50
60
None
None
70
70
NA
 
NA
NA
None
None
80
70
80
 
NA
NA
None
None
80
NA
80
 
Setback Requirements:
Minimum Front Yard (feet)4
15
15
15
10
5
0
Minimum Side Yard (feet)
   Townhome (interior side yard)
   Accessory Structures5
5
NA
2
5
NA
2
5
0
2
5
0
2
0
0
2
04
0
2
Minimum Street Side Yard (feet)
10
10
10
10
5
5
Minimum Rear Yard (feet)
   Accessory Structure
   All Other
 
2
10
 
2
10
 
2
10
 
2
10
 
2
10
 
2
10
Maximum Building Height (feet)6
30
30
35
35
40
35 or 457
Minimum Landscaping (percent of total site) (see §§ 151.155 - 151.157)
15
15
15
15
15
10
Notes:
1.   Minimum lot sizes may vary from these standards per the lot size averaging provisions in § 152.005
2.   Maximum lot size in RE Zone is 15,000 sf. and in the LDR Zone is 10,000 sf.
3.   For multi-family, minimum lot size is 5,000 sf. for the first four units, plus 1,000 per unit for additional units
4.   A front setback may be reduced by up to 5 feet for unenclosed front porches with a minimum front yard setback of 5 feet where these reductions are permitted. There shall be no encroachment into public utility easements.
5.   In the MU Zone, there is no minimum side yard requirement unless abutting LDR, MDR-L or MDR-H zoning, in which case the minimum side yard requirement is 5 feet.
6.   Accessory structures located within 5 feet of a side yard shall be less than 15 feet in height.
7.   The maximum building height for residential only buildings in the MU Zone is 35 feet. The maximum building height for mixed use buildings in the MU Zone is 45 feet.
8.   In all zones, the maximum building height for cottage cluster buildings is 25 feet or 2 stories, whichever is greater.
 
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.038 ACCESSORY USES AND STRUCTURES.
   An accessory use or structure shall comply with the requirements for a principal use, except as this chapter specifically allows to the contrary.
(Ord. 2021-08-02, passed 10-12-2021)
NONRESIDENTIAL ZONING REGULATIONS
§ 151.050 PURPOSE.
   (A)   This subchapter regulates allowed land uses in the nonresidential zones 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 § 151.002.
   (B)   The intent and purpose of each nonresidential zone is described as follows:
      (1)   Community Facilities Zone CF. The purpose of the Community Facilities Zone is to provide for community facilities on properties owned by public or semi-public agencies, while encouraging protection of natural resources designated by the comprehensive plan under the requirements of statewide planning goals.
      (2)   General Commercial Zone C. The purpose of the General Commercial Zone is to provide for a broad range of commercial activities to serve the residents of Banks and the surrounding area.
      (3)   Downtown Commercial Zone DC. The purpose of the Downtown Commercial Zone is to allow a mix of complementary uses in the Banks Downtown/Main Street area, promote pedestrian-friendly development, encourage efficient use of land, and facilitate economic development while preserving the small-town character of Banks.
      (4)   General Industrial Zone I. The purpose of the General Industrial Zone is to facilitate economic development by providing areas suitable for warehousing, primary and secondary processing, packaging, fabricating of finished goods and equipment with related outdoor storage and incidental sales.
(Ord. 2021-08-02, passed 10-12-2021)
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