§ 151.082 BED AND BREAKFAST.

   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)

§ 151.083 AUTO WRECKING YARDS OR JUNK YARDS.

   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)

§ 151.084 NATURAL RESOURCE EXTRACTION.

   (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)

§ 151.085 TEMPORARY USES.

   Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, seasonal sales such as Christmas tree sales and vegetable stands, and similar uses. This Code contains permit procedures for three types of temporary uses. Seasonal and special events, temporary sales offices and model homes, and temporary buildings, trailers, kiosks, and other structures, as follows:

   (A)   Seasonal and special events. Through a Type II procedure, pursuant to § 151.232, the city shall approve, approve with conditions, or deny a temporary use application for a seasonal or special event, based on the following criteria:

      (1)   The use is permitted in the underlying zone, and does not violate any conditions of approval for the property (e.g., prior development permit approval).

      (2)   The use occurs only once in a calendar year and for not longer than 45 consecutive days.

      (3)   The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval).

      (4)   The applicant, if different than the property owner, has proof of the owner's permission to place the use on the property.

      (5)   Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to §§ 151.140 through 151.142, On-Site Pedestrian Access and Circulation.

      (6)   The use does not conflict (i.e., create a nonconformity) with the provisions of §§ 151.155 through 151.157, Landscaping, Screening and Fences.

      (7)   There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to the §§ 151.170 through 151.178, Parking and Loading.

      (8)   The use does not conflict (i.e., create a nonconformity) with the provisions of §§ 151.215 through 151.218, Public Facilities.

      (9)   The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

      (10)   The use is adequately served by sewer or septic system and water, as applicable.

      (11)   The applicant shall be responsible for maintaining all required licenses and permits.

   (B)   Temporary sales office or model home. Through a Type II procedure, pursuant to § 151.232, the city shall approve, approve with conditions, or deny a temporary use application for a temporary sales office or model home, based on the following criteria:

      (1)   Temporary sales office. The use of any real property within the city as a temporary sales office, office for the purpose of facilitating the sale of real property, shall meet all of the following criteria:

         (a)   The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold.

         (b)   The property to be used for a temporary sales office shall not be permanently improved for that purpose.

         (c)   Public health, safety, and welfare shall be protected through conditions imposed by the city, regarding temporary utility connections.

      (2)   Model house. The use of any real property within the city for a model home, including a model home in any subdivision or on any tract of land within the city, shall meet all of the following criteria:

         (a)   Where the model house is located in a residential zone, it shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated.

         (b)   A model house located in a residential zone shall be designed as a permanent structure that meets all relevant requirements of this Code and other applicable codes and permit requirements.

         (c)   A model house located in a nonresidential zone, as with a manufactured home sales display lot, shall be removed when the use of the subject site for home sales ends.

   (C)   Temporary buildings, trailers, kiosks, and other structures. Through a Type II procedure, pursuant to § 151.232, the city shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on following criteria:

      (1)   The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval).

      (2)   The applicant, if different than the property owner, has proof of the owner's permission to place the use on the property.

      (3)   The lot development standards of the applicable zone are met.

      (4)   Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to §§ 151.140 through 151.142, On-Site Pedestrian Access and Circulation.

      (5)   The use does not conflict (i.e., create a nonconformity) with the provisions of §§ 151.155 through 151.157, Landscaping, Screening, and Fencing.

      (6)   There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to §§ 151.170 through 151.178, Parking and Loading.

      (7)   The temporary use does not conflict [i.e., create a nonconformity) with the provisions of §§ 151.215 through 151.218, Public Facilities.

      (8)   The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

      (9)   The use is adequately served by sewer or septic system and water, as applicable.

      (10)   The structure complies with applicable building codes.

      (11)   Except where specifically authorized by the City Council, the length of time that the temporary structure may remain on a site shall not exceed 6 consecutive months or a total of 9 months in any one calendar year.

      (12)   The applicant has obtained and will maintain all required licenses and permits.

      (13)   Public health, safety, and welfare are protected through the installation of a water meter, if necessary, and other improvements, pursuant to §§ 151.215 through 151.218, Public Facilities, as necessary.

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

GENERAL EXCEPTIONS TO STANDARDS

§ 151.095 GENERAL EXCEPTIONS TO LOT SIZE REQUIREMENTS.

   (A)   If a property ownership, consisting of the entire contiguous land holdings held in a single ownership at the time of passage of this chapter, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone, provided that if there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirement of the zone.

   (B)   The record of ownership as recorded in the office of the County Clerk at the time of passage of this chapter shall be the basis for application of this exception unless the owner submits proof that a different ownership existed at the time the provisions of this chapter became applicable to the land concerned.

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

§ 151.096 GENERAL EXCEPTIONS TO FRONT YARD REQUIREMENTS.

   (A)   Generally. The following exceptions to front yard requirements are authorized for a lot in any zone.

   (B)   Exceptions.

      (1)   If there are buildings on both abutting lots, which are within 100 feet of the intervening lot, and the buildings have front yards of less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots.

      (2)   If there is a building on 1 abutting lot which is within 100 feet of the lot, and this building has a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth halfway between the depth of the front yard of the abutting lot and the required front yard depth.

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