§ 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
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
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
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)

§ 151.054 DEVELOPMENT STANDARDS FOR NONRESIDENTIAL ZONES.

   (A)   The development standards in Table 2.3-B apply to all uses, structures, buildings, and development allowed in the nonresidential zones.

TABLE 2.3-B DEVELOPMENT STANDARDS IN NONRESIDENTIAL ZONES
Development Standard	CF	C	DC	I
Minimum lot width and depth	None, unless setbacks are required1	None, unless setbacks are required1	None, unless setbacks are required1	None, unless setbacks are required1
Setback Requirements:
Minimum front yard (feet)	None	None	None	20
Minimum side yard (feet)    Abutting residential zone    All other	10 None	10 None	10 None	20 None
Minimum street side yard (feet)	None	None	None	20
Minimum rear yard (feet)    Abutting residential zone    All other	10 None	10 None	10 None	20 10
Maximum building height (feet)	35, or 3 stories, whichever is less	35, or 3 stories, whichever is less	45 (60 feet w/height bonus)	35, or 3 stories, whichever is less
Minimum landscaping (percent of total site) (See §§ 151.155 - 151.157)	10	10	Non e	5
Build-to line requirement	Non e	Non e	75 %	Non e
Notes: 1.   If a side yard setback is required, a minimum lot width of 25 feet is required. If a rear yard setback is required, a minimum lot depth of 50 feet is required.

 

   (B)   Height bonus in the DC Zone. Allowed building height is increased by 15 feet for mixed-use buildings in the DC Zone when at least 75% of the gross floor area of the upper story(ies) is for one ormore dwellings as demonstrated on building permit plans.

   (C)   Build-to line requirement.

      (1)   This standard is met when a building or buildings are placed within 10 feet from the front property line such that at least 80% of the site's frontage area along a public street is occupied by habitable building space. For this standard, frontage is considered the area between zero to 10 feet from the front property line, extending the entire width of the frontage. Portions of the building not used to meet this standard may setback more than 10 feet from the front property line. The portion of the building used to meet this standard must be habitable building space.

      (2)   For corner lots in the DC Zone, this standard must be met for Main Street frontages.

      (3)   The portion of the site's frontage area not occupied by building(s) shall be landscaped or developed as civic space in accordance with division (D) below.

      (4)   See Figure 2.3-A for an illustration of the build-to line requirement.

   Figure 2.3-A

   (D)   Civic space bonus. A height bonus of 15 additional feet in building height is available to developments that provide a designated and improved as civic space (plaza, landscaped courtyard, or similar space) that is accessible to the public, pursuant to the following:

      (1)   Civic spaces shall abut a public right-of-way or otherwise be connected to and visible from a public right-of-way by a sidewalk or pedestrian accessway.

      (2)   All civic spaces will be improved with at least one pedestrian amenity from the following list:

         (a)   Plaza surfaces (e.g., pavers, landscaping);

         (b)   Sidewalk extensions;

         (c)   Street furnishings (e.g., benches, public art, planter with seat wall, informational kiosk, sheltered seating area);

         (d)   Way-finding signage; or

         (e)   Similar amenity as approved by the city.

      (3)   To be eligible for the height bonus, the size of the civic space must be equal to, or greater than, 5% of the gross site area.

      (4)   This height bonus cannot be combined with the height bonus in division (A) above.

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

OVERLAY ZONES