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(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)
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