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(A) An accessory dwelling unit (ADU) may be a detached building, in a portion of a detached accessory building (above a garage or workshop, for example), or a unit attached or interior to the primary dwelling (an addition or conversion of an existing floor, for example).
(B) ADUs shall comply with the following:
(1) A maximum of 1 ADUs is allowed per lot. The ADU may be internal to the primary residence or a detached, separate unit.
(2) The maximum floor area of the ADU shall not exceed 800 square feet or 75% of the primary dwelling's floor area, whichever is smaller. However, ADUs that result from the conversion of a level or floor (basement or attic, for example) of the primary dwelling may occupy the entire level or floor, even if the floor area of the ADU exceeds 800 feet.
(3) Other development standards. ADUs shall meet the development standards for buildings per the underlying zone, except that:
(a) Conversion of an existing legal non-conforming structure to an ADU is allowed, provided that the conversion does not increase the degree of non-conformity.
(b) No off-street parking is required for an ADU.
(c) Detached ADUs shall contain at least 2 detailed design elements from the list in § 151.126.
(d) ADUs are not included in density calculations.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Specific standards for the development of manufactured home parks are included because a manufactured home park is a unique type of residential use which deserves special consideration due to its impact unto the community, its roads and utilities. These standards are instead of the standards of §§ 151.270 through 151.273, Conditional Use Permits.
(B) Minimum area - 1 acre.
(C) Access drives shall be provided to each manufactured home space, shall be continuous unless provided with adequate turn-around area or cul-de-sac, and shall have minimum width of 20 feet. Each park shall have a principal access drive of not more than 20 feet for an exterior connection to the public street. A principal access drive that allows on-street parking on 1 side shall be 24 feet wide; and a principal access drive that allows on-street parking on both sides shall be 28 feet wide. All internal roads shall be paved.
(D) Walkways, not less than 2 feet in width, shall be provided from each manufactured home space to service buildings and along at least 1 side of all access drives and internal roads.
(E) Except as required for vision clearance, the outer perimeter of each park shall be improved with:
(1) A sight-obscuring fence or wall not less than 5 nor more than 6 feet in height;
(2) Maintained evergreen landscaping that is at least 10 feet in depth, will mature within 3 years, and reach at least 5 feet in height at maturity; or
(3) A combination of divisions (E)(1) and (E)(2) above.
(F) Unless in conflict with state laws and regulations, all areas covered by manufactured homes and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.
(G) All open areas, except as otherwise specified herein, shall be suitably landscaped according to plans and specifications approved by the Planning Commission. The areas shall be continuously maintained.
(H) Each manufactured home space shall be improved with 1 patio of concrete or other suitable impervious material, having a minimum area of 150 square feet and 1 crushed rock or better surfaced mobile home pad having a minimum area equal to that of the manufactured home which will be located on the space. In addition each mobile home site shall have 1 parking space, either a carport or paved parking area having a minimum area of 100 square feet.
(I) A minimum of 200 square feet of recreation area for each manufactured home space shall be provided in 1 or more locations within the manufactured home park. The minimum size of each required recreation area shall be 5,000 square feet.
(J) A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each manufactured home park. The storage area shall contain a minimum of 160 square feet for each manufactured home space and be enclosed by a sight-obscuring fence. Roads, carports, parking areas, yards, and patios shall not be used for long-term parking or storage of trailers, boats, campers, or other recreational vehicles.
(K) Permanent accessory structures located within any manufactured home space shall be used only as carports or for storage purposes. (Storage buildings shall have a maximum floor area of 25 square feet). Carports shall not exceed 800 square feet in area unless designed to serve 2 adjacent manufactured home spaces in which case they may be 1,600 square feet in area. Storage structures and carports shall be located not less than 6 feet from any manufactured home and shall be subject to all of the applicable permits and building codes of the City of Banks. A storage building (and carport) shall be provided on each manufactured home space.
(L) Signs are limited to 1 identification sign with a maximum area on 1 side of 12 square feet. The sign may be indirectly illuminated, but shall not contain exposed neon or similar tubing and shall not flash, rotate, or move in any way. Design approval of the sign is subject to review of the Planning Commission to assure that it will be harmonious with the neighborhood.
(M) All utilities, i.e., sewer, water, natural gas, electricity, telephone, and television cable shall be underground in locations approved the City Engineer. Each manufactured home space shall be equipped with connections for running water, electricity, and sanitary sewer.
(N) All residents shall execute leases, which have been approved by the city and contain provisions for the assumption of possession of abandoned manufactured homes by the manufactured home park management.
(O) Prior to location of a mobile home in a manufactured home park, the owner or occupant shall establish to the satisfaction of the superintendent of building inspection that the manufactured home is in a condition that conforms to 1 of the following construction standards.
(1) A manufactured home constructed on or after 9-1-1969, shall conform either to standards in effect in Oregon at the time of construction or Oregon standards in effect at the time entry into the park is to occur. Units built between 9-1-1969 and 6-15-1976 shall exhibit the Oregon Department of Commerce Insignia of Compliance. Units built thereafter shall meet the H.U.D. Federal Manufactured Home Safety Standards dated 6-15-1976.
(2) Manufactured homes, constructed prior to 9-1-1969, shall be in a condition that is not less than the substantial equivalent of the above standards.
(P) The services of an architect, a landscape architect, and an engineer, all licensed to practice in Oregon, shall be employed in the preparation and execution of all plans. Upon proof by the applicant that the scope of the proposal does not require the services of an architect, the Planning Director may waive that requirement.
(Q) In the event of denial, applications may be resubmitted within 1 year of the denial, provided the Planning Director finds the denial was based on internal (on-site) factors and new plans have been submitted which are sufficiently modified to warrant consideration by the Planning Commission.
(R) Notwithstanding the above regulations, manufactured home parks must comply with all state regulations pertaining to this type of use.
(S) An adequate number of fire hydrants shall be provided within the manufactured home park so that no mobile home space or structure within the park is more than 400 feet from a hydrant.
(T) Standard streetlights shall be installed at intervals of no more than 200 feet along all access drives and internal roads.
(U) Each manufactured home space shall be legibly numbered so that it may be easily found by emergency vehicles.
(V) A manufactured home located in a manufactured home park smaller than 3 acres shall have:
(1) A pitched roof, except that no standard shall require a slope of greater than a nominal 3 feet in height for each 12 feet in width.
(2) Exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community and which is comparable to the predominant materials used on dwellings on adjoining sites as determined by the Planning Commission.
(Ord. 2021-08-02, passed 10-12-2021)
(B) Specifically.
(1) No sign shall be used other than a nameplate not over 2 square feet in area.
(2) There shall be no display that will indicate from the exterior that the building is used for any purpose other than a residence.
(3) There shall be no outside storage of materials other than plant materials. No activities associated with the home occupation shall take place outdoors:
(4) The building shall retain the characteristics and appearance of a residence.
(5) The home occupation shall not alter the residential character of the neighborhood.
(6) There shall be no paid employees other than family members.
(7) The activity shall occupy no more than 1/4 of the floor area of the primary structure.
(8) Family day care homes are residential uses and are not regulated as home occupations.
(9) Specifically prohibited, as a home occupation in a residential zone, is the repair and assembly of motor vehicles, equipment with an internal combustion engine, or large appliances.
(10) There shall be no large-scale commercial vehicle delivery or pickup.
(Ord. 2021-08-02, passed 10-12-2021)
The development standards listed below apply to all live-work residences. Live/work residence means a habitable structure that allows for a professional office or commercial retail or service use to be operated in the same structure, with the business owner's residence located behind the business use on the ground floor or on the upper floor. The permitted live/work housing types are defined below:
(A) Live/work house. A single household detached or attached dwelling with a commercial use occupying one floor and no more than 50% of the total floor area of the entire unit, excluding garage space.
(B) Live/work apartment. A primarily residential multi-story, multi-unit building with some apartments having space designated as available for business use not to exceed 50% of the square footage of the entire apartment unit, excluding the garage.
(Ord. 2021-08-02, passed 10-12-2021)
Certain commercial uses are allowed in the MU, MDR-L, MDR-H, and HDR zones as indicated in Table 2.2-A. Those commercial uses are: Retail sales and service, professional and administrative offices, medical and dental offices, and food-beverage sales (no drive- through facilities). The following standards apply to commercial uses in residential zones.
(A) The gross floor area of commercial uses in the MU zone shall not exceed 10,000 square feet per lot.
(B) The gross floor area of commercial uses in the MDR-L, MDR-H, and HDR zones shall not exceed 5,000 square feet per lot.
(C) For mixed-use developments abutting Main Street, no more than 50% of the Main Street ground-floor street frontage shall be occupied by residential uses. This standard does not limit residential uses above a street-level commercial or civic use, or behind street-level store fronts abutting Main Street.
(D) Commercial and mixed-use buildings in the MU, MDR-L, MDR-H, and HDR zones shall meet the Build-to Line standard of § 151.054(C).
(E) All commercial operations shall be conducted within enclosed buildings except as expressly authorized through approval of a conditional use permit or as accessory to a primary permitted use; for example, outdoor seating areas for restaurants.
(F) Commercial and residential floor space on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 11 feet for new building construction.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant of the genus Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin as currently defined by state law or as may from time to time be amended. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination.
MARIJUANA FACILITY or FACILITY. Any facility licensed by the state of Oregon to sell marijuana. The term includes both facilities that are registered by the Oregon Health Authority to sell, distribute, transmit, give, dispense or otherwise provide medical marijuana pursuant to O.R.S. Chapter 475, and facilities that are licensed by the Oregon Liquor Control Commission to sell or distribute marijuana for recreational purposes. A FACILITY includes the real property on which the use is proposed or situated and all buildings or other structures on the property used for the storage, distribution, sale or dissemination of marijuana.
(B) Applications. An application for a marijuana facility shall comply with all applicable land use review procedures set forth in this chapter. Applications for all new marijuana facilities and modifications or expansions of existing marijuana facilities shall comply with the substantive requirements of the underlying zone, the standards of this section and any other applicable standards set forth in the Banks Code of Ordinances.
(C) Standards. The following standards shall apply to the establishment, location and operation of all marijuana facilities in the city:
(1) The facility shall be licensed or otherwise registered by the state and at all times shall be in good standing pursuant to state law and any terms or conditions of the facility's state-issued license. The applicant, operator, owner and person in charge of the facility shall also possess any required state license or registration needed to operate the facility and shall be in good standing at all times while operating the facility.
(2) The facility shall meet applicable state and local laws, including but not limited to, building and fire codes, including the payment of all fines, fees and taxes owing to the city.
(3) The facility shall not manufacture or produce on-site any extracts, oils, resins or similar derivatives of marijuana and shall not use open flames or gases in the preparation of any products.
(4) Marijuana shall not be smoked, ingested or otherwise consumed on the premises of the facility.
(5) The facility shall provide for the secure disposal of marijuana remnants or byproducts; such remnants or by-products shall not be placed in the facility's exterior refuse containers.
(6) The facility shall not be co-located on the same tax lot or within the same building with any marijuana grow site or with a smoke shop where tobacco smoking is allowed.
(7) A facility may only operate in the C General Commercial zone or the I Industrial Zone as designated by the official zoning maps of the city.
(8) A facility shall not be located within the buffers specified in this section. Distances shall be measured as a straight line from the closest point of the property on which the facility is located to the closest point of the property on which the buffered use is located:
(a) One thousand feet from any public or private school; and
(b) Five hundred feet from any public or private park or library;
(c) One thousand feet from another marijuana facility; and
(d) Four hundred feet from any residentially zoned property.
(9) Signage for the marijuana facility shall not include logos or illustrations of marijuana leaves and shall emphasize identification of the facility without drawing undue attention.
(10) The facility shall not sell or dispense marijuana in an edible form.
(11) No minor shall be allowed on the premises unless the minor is a medical marijuana qualifying patient and accompanied by a parent, guardian or caregiver whose purpose is to procure the minor's medical marijuana. No minors are allowed on the premises of a recreational marijuana facility.
(12) Sales or any other transfers of marijuana products must occur completely inside the facility building and must be conducted only between the facility operator and the customer. There shall be no walk-up or drive- through service.
(13) The hours of commercial operation for the facility shall be limited to 8:00 a.m. until 5:00 p.m. Monday through Friday.
(14) A change in use (including a rezone) of a neighboring property within any of the buffer distances specified in this section after a permit has been issued for a facility shall not result in the facility being in violation of this section.
(Ord. 2021-08-02, passed 10-12-2021)
The following standards apply to drive-through facilities, where they are allowed.
(A) Purpose. Where drive-up or drive-through uses and facilities are allowed, they shall conform to all of the following standards, which are intended to calm traffic, provide for adequate vehicle queuing space, prevent automobile turning movement conflicts, and provide for pedestrian comfort and safety.
(B) Standards. Drive-up and drive-through facilities (i.e., driveway queuing areas, customer service windows, teller machines, kiosks, drop-boxes, or similar facilities) shall meet all the following standards:
(1) Drive-through facilities shall have no more than one service lane.
(2) Drive-through uses shall be located so that access and egress to the drive-through features are from an on-site drive aisle or other on-site circulation facility, not a public street.
(3) Restaurants providing drive-up window service shall have sufficient seating to accommodate anticipated customer volume.
(4) Financial and other commercial establishments that provide drive-up window facilities shall also provide for 24-hour safe, convenient, and readily accessible exterior walk-up window service that is separate from the drive-through facility, such as an automatic teller machine.
(5) The design of the stacking area shall allow customers' vehicles to leave the stacking line for emergency reasons.
(6) Establishments having drive-up window facilities shall have sufficient stacking area to ensure that public rights-of-way and shared access driveways are not obstructed.
(7) Communication's sound system shall not exceed a measurement of 55 decibels at the adjoining property line.
(Ord. 2021-08-02, passed 10-12-2021)
The following standards apply to bed and breakfast facilities, where they are allowed.
(A) Accessory use. The use must be accessory to a permitted residential use in the RE, LDR, MDR-L, or MDR-H zones.
(B) Maximum size. A maximum of 6 bedrooms for guests, and a maximum of 12 guests are permitted per night.
(C) Length of stay. The maximum length of stay is 28 days per guest; any stay longer is classified as a hotel or commercial lodging use.
(D) Employees. The inn shall have not more than 2 non-resident employees on-site at any 1 time. There is no limit on residential employees.
(E) Food service. Food service shall be provided only to overnight guests of the business, except where a restaurant use is also an allowed use.
(F) Signs. Signs shall not exceed a total of 4 square feet of surface area on each side of 1 or 2 faces. See also, sign regulations in Chapter 39 of the Banks Municipal Code.
(F) Screening and buffering. The city may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of §§ 151.155 through 151.157.
(Ord. 2021-08-02, passed 10-12-2021)
In addition to such other requirements as the Planning Commission may stipulate in authorizing this use, the following standards apply:
(A) Minimum lot area - 1 acre;
(B) Minimum building setback distance - front yard, 30 feet; rear yard, 25 feet; side yard, 25 feet, except on corner lots, 30 feet;
(C) Minimum fence setbacks - front yard, 25 feet; rear yard, 5 feet; and side yard, 5 feet;
(D) Fences:
(1) A sight-obscuring fence shall be constructed to completely enclose the wrecking or junkyard. The fence shall be painted 1 color and kept in good repair. It shall be the responsibility of the occupant to maintain the fence;
(2) Front yard fence height - minimum height of 6 feet. However, when such front yard is fronting on any state primary or secondary highway, the fence height shall be a minimum of 8 feet; and
(3) Side or rear yard fence height - minimum of 6 feet.
(E) Exterior storage:
(1) All storage shall be within the fenced area; and
(2) At no time shall any items be piled higher than the fence.
(F) Notwithstanding the above regulations, all auto wrecking yards and junk yards must comply with all state regulations pertaining to this type of use.
(Ord. 2021-08-02, passed 10-12-2021)
(A) The use of premises in any zone for the excavation, mining, extraction, or removal of stone, sand, gravel, day, or other natural deposits may only be authorized by the Planning Commission after public hearing per the Type III procedure.
(B) This use may be authorized by the Planning Commission for the periods as it deems consistent with the public health, safety, and general welfare, and subject to the following provisions.
(C) Additional application submission requirements. In addition to the information required by § 151.272, an application for natural resource extraction shall include the following information:
(1) Topographic map with such cross-sections as are necessary to adequately show the topography of the property in question, the extent of the area to be mined, any natural features and its relation to streets and surrounding property;
(2) Map showing the extent of the proposed excavation and the contours of the ground after the removal of the material.
(3) Narrative describing any impact the excavation may have on surrounding properties and by any improvements or natural features existing at or near the site. Issues to be addressed include noise, dust, traffic, water quality, and other issues specific to the site.
(4) Reclamation. Before approving an application, the Planning Commission may require that the applicant enter into an appropriate agreement with the city for reclamation of such areas to suitable use after completion of excavations, and that an adequate performance bond or other guarantee be furnished covering the cost of restoration or other work.
(Ord. 2021-08-02, passed 10-12-2021)
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