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§ 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)
§ 151.051 COMMUNITY FACILITIES ZONE; PERMITTED LAND USES.
   (A)   The land uses listed here are permitted in the CF Zone as shown, subject to the provisions of this chapter. Only land uses that are specifically listed, and land uses that are approved as "similar" to those listed per § 151.006(A) may be permitted.
   (B)   Conditional uses permitted. The following uses and accessory uses or expansions of existing uses may be permitted as conditional uses in accordance with the provisions of §§ 151.270 through 151.273:
      (1)   Public park and playground, swimming pool, community center, golf course and similar recreational facilities;
      (2)   Public school and associated facilities; and
      (3)   Government institution; community service facility; caretaker facility.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.052 COMMERCIAL ZONES; PERMITTED LAND USES.
   The land uses listed in Table 2.3-A as "P" are permitted in the nonresidential zones as shown, subject to the provisions of this chapter. Uses listed as "S" are permitted subject to the Use-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, 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 2.3-A: LAND USES PERMITTED IN COMMERCIAL ZONES
Land Use
C Zone
DC Zone
TABLE 2.3-A: LAND USES PERMITTED IN COMMERCIAL ZONES
Land Use
C Zone
DC Zone
Residential Uses
   Dwelling units on second or upper story
P
P
   Dwelling units on ground floor
P1
P1
   Family day care home
P
P
Accessory Uses
P
P
Commercial Uses
   Automotive repair and service (includes fueling stations, car wash, tire sales and service, farm equipment, painting and other similar uses)
CU
N
   Automotive sales and rental (includes motorcycles, boats, RVs and trucks)
P
N
   Commercial retail sales and service
P
P
   Personal services
P
P
   Eating and drinking establishments (see also "drive-through facility)
P
P
   Hotel or motel
P
P
   Amusement, entertainment, commercial recreation
      - Fully enclosed in building
      - Not fully enclosed in a building
P
CU
P
CU
   Office uses (professional, medical clinic)
P
P
   Drive-through facility (subject to § 151.082)
CU/S
N
   Recreational vehicle park or campground
CU
N
   Lumber yard
CU
N
   Day care facility
P
P
   Wholesale and distribution business
CU
N
Public or commercial off-street parking lot or structure
CU
CU
Institutional Uses
   Community service, governmental institution
P
P
   Public utilities
CU
CU
   Medical institutions offering overnight care and treatment
CU
N
   Radio and TV stations and transmitters
CU
N
   Schools
P
P
   Religious institutions
P
P
Medical, recreational marijuana (subject to § 151.080)
S
N
Similar use per § 151.006(A)
P/CU
P/CU
Notes:
1.   In the C and DC Zones, ground floor dwelling units must be located behind a street-facing commercial use.
Key:
P = Permitted, subject to site/development review
S = Permitted, subject to special use standards in §§ 151.075 - 151.085
CU = Conditional use permit required
N = Not permitted
 
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.053 GENERAL INDUSTRIAL ZONE; PERMITTED LAND USES.
   The land uses listed here are permitted in the I Zone as shown, subject to the provisions of this chapter. Only land uses that are specifically listed, and land uses that are approved as "similar" to those listed per § 151.006(A) may be permitted.
   (A)   Uses permitted outright. No building, structure, or land shall be used, and no building or structure shall hereafter be erected, enlarged, or altered in this zone, except for the following uses:
      (1)   Cold storage plant;
      (2)   Feed and seed processing and storage;
      (3)   Laboratories: experimental, dental, medical, photo, or motion picture, research or testing;
      (4)   Bakeries, creameries, bottling plants, laundries, cleaning and dying plants;
      (5)   Cabinet shops, electrical, plumbing, or heating shops; welding, sheet metal and machine shops, lumber yards;
      (6)   Manufacture, assembly, compounding, processing, packaging, or treatment of candy, cosmetics, drugs, pharmaceuticals, toiletries, dairy products, food and beverage products;
      (7)   Manufacture, assembly, compounding, processing, packaging or treatment of paper products (but not paper itself), textiles, or other fibrous materials;
      (8)   Manufacturing of pottery or other similar ceramic products;
      (9)   Manufacturing of precision instruments and equipment such as watches, electronics equipment, medical equipment and devices, photographic equipment, optical goods, and similar products;
      (10)   Manufacturing, assembly, testing, or repairing of devices, equipment, and systems of an electrical or electromechanical nature;
      (11)   Manufacturing, assembly, fabrication, warehousing and wholesale distribution of goods, wares, merchandise, articles, substances, or compounds, which are not flammable, explosive, or likely to create fire, radiation or explosive hazards to surrounding property;
      (12)   Planing mill;
      (13)   Plastics; molding of, including the manufacture or products thereof, provided all grinding operations are conducted within a building;
      (14)   Public service and utility;
      (15)   Single-family dwellings and their accessory uses lawfully established as of June 13, 2014;
      (16)   Replacement dwellings for single-family dwellings lawfully;
      (17)   Vehicle and farm equipment repair;
      (18)   Veterinarian or animal hospital;
      (19)   Warehousing, distribution, including mini-storage and outdoor storage of equipment;
      (20)   Accessory use of structure, including caretaker residence; and
      (21)   Medical marijuana and recreational marijuana, subject to § 151.080.
   (B)   Conditional uses permitted. In this zone, the following uses and their accessory uses may be permitted conditional uses when in accordance with §§ 151.075 through 151.085.
      (1)   Automobile service station;
      (2)   Batteries, paint, pickles, sauerkraut or vinegar, wallboard, cans, soap and cleaning compounds, paper; manufacture of;
      (3)   Brewery;
      (4)   Drive-in theaters;
      (5)   Flour milling, grain storage, or elevator;
      (6)   Fruit packing and processing; cannery;
      (7)   Fuel oil distribution (home use only) and storage;
      (8)   Foundry;
      (9)   Natural resource extraction, gravel mining and rock crushing, subject to the provisions set forth in § 151.084;
      (10)   Manufacture of motor vehicles, trucks, recreational vehicles, and utility trailers as well as mobile homes;
      (11)   Radio and TV transmitters;
      (12)   Railroad right-of-way, truckage and related facilities;
      (13)   Slaughterhouse;
      (14)   Solid waste facilities; auto wrecking yards, junkyards; subject to the provisions of § 151.083;
      (15)   Stone, marble, and granite grinding, dressing, and cutting;
      (16)   Any other use held similar to the above uses, as approved by the City Council;
      (17)   Any processing activity or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building, except for outdoor storage of equipment which is allowed by right division (A)(21); and
      (18)   Any use or storage of hazardous materials in amounts or forms exceeding consumer commodities.
(Ord. 2021-08-02, passed 10-12-2021)
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