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NONRESIDENTIAL ZONING REGULATIONS
(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)
(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.
(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)
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.
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 CU = Conditional use permit required N = Not permitted | ||
(Ord. 2021-08-02, passed 10-12-2021)
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.
(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)
(A) The development standards in Table 2.3-B apply to all uses, structures, buildings, and development allowed in the 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) | 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
(A) Purpose. The purpose of the Historic Overlay Zone is to provide for the preservation, protection, enhancement, and perpetuation of designated historic sites and structures in order to:
(1) Safeguard the city's heritage as embodied and reflected in its historic resources;
(2) Encourage public awareness, knowledge, and appreciation of the city's history and culture;
(3) Foster community pride and sense of identity based on recognition and use of historic resources;
(4) Identify and resolve conflicts between the preservation of historic resources and incompatible improvements or loss of the resource;
(5) Carry out the provisions of Oregon's Statewide Planning Goal 5; and
(6) Maintain the historic integrity of historically significant buildings and sites.
(B) Applicability. The provisions in this section apply to properties that are within the Historic Resource Overlay Zone per the Zoning Map, and to properties that are identified as historic in the Comprehensive Plan.
(C) General provisions. All proposed exterior alterations and demolitions of sites and structures subject to the Historic Resource Overlay Zone shall be subject to the provisions of this section, with the exception of improvements or demolitions required by other governmental agencies.
(1) Approval required. Planning Commission approval of a proposed exterior alteration or demolition is required before a building permit can be issued.
(2) Uses allowed. All uses allowed in the primary zone in which the historic site or structure is located shall be allowed.
(3) Ordinary maintenance and repair. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of a designated historic resource. Ordinary maintenance and repair means any work, the sole purpose and effect of which is to prevent or correct deterioration, decay or damage, including repair of damage caused by fire or other disaster and which does not result in a change in the historic appearance and materials of a property.
(4) Application procedure. Applications for approval of exterior alteration or demolition of a historic resource shall be submitted to the City Recorder and shall include a site plan, architectural drawings, and a description of the proposal and its compliance with the criteria below. There shall be no fee for this procedure. Upon receipt of a complete application, the Planning Commission will schedule a public hearing consistent with the provisions of § 151.233. When demolition is proposed, a notice will be posted on the property consistent with city requirements.
(5) Planning Commission review. The Planning Commission shall issue a decision on the request within 60 days of receipt of a complete application. The Planning Commission may attach conditions necessary to ensure compliance with the purpose of this section, which may include a condition to delay the proposed action for a maximum of 60 days from the date of the decision until a more satisfactory solution can be found.
(6) Review criteria. In evaluating applications for exterior alterations, the Planning Commission shall consider:
(a) The purpose or necessity of the proposed alteration;
(b) The compatibility of the proposed alteration with the traditional historic character and architectural integrity of the structure or site in terms of design, architectural detail, scale, proportion, materials, and texture; and
(c) Whether the proposed alteration is the minimum or least disruptive alteration to meet the desired purpose.
(7) Applications for demolitions. In reviewing applications for demolitions, the Planning Commission shall consider:
(a) The physical condition and safety of the structure; and
(b) Whether a reasonable effort has been made to preserve the structure by restoration or removal, by offering the structure for sale or public acquisition, or by alternative means. Advertising the building for sale for 2 consecutive weeks in a newspaper of general circulation in the Banks area, and documenting that the highest bona fide offer for the structure has not been rejected, shall constitute satisfactory evidence of reasonable effort to preserve the structure.
(Ord. 2021-08-02, passed 10-12-2021)
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