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§ 151.080 MEDICAL MARIJUANA AND RECREATIONAL MARIJUANA.
   (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)
§ 151.081 DRIVE-THROUGH FACILITIES.
   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)
§ 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)
§ 151.097 GENERAL EXCEPTION TO BUILDING HEIGHT LIMITATIONS.
   Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are not subject to the building height limitations of this chapter.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.098 PROJECTIONS FROM BUILDINGS.
   Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues may project not more than 24 inches into a required yard.
(Ord. 2021-08-02, passed 10-12-2021)
COMMUNITY DESIGN STANDARDS
§ 151.110 PURPOSE.
   Commercial building design standards regulate the exterior design of commercial buildings to create a pedestrian-friendly environment; provide natural surveillance of public spaces; and maintain and enhance the rural, small-town character of downtown Banks. The standards in this section are intended to be clear and objective to allow a streamlined review process. Each standard has an associated guideline that provides flexibility for discretionary (Type III) review before the Planning Commission if necessary or desired by the applicant.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.111 APPLICABILITY.
   The standards in this section apply to all new commercial and mixed-use development and substantial remodels of, or additions to, existing buildings in the C, DC and MU Zones. For this section, a substantial remodel or addition is any expansion or alteration that impacts more than 50% of the street-facing facade of an existing building.
   (A)   Transparency standards.
      (1)   Ground floor entrances oriented to the street shall be at least 40% transparent. This standard may be met by providing a door with window(s), a transom window above the door, or sidelights beside the door. Windows used to meet this standard may count toward the storefront window percentage in division (A)(2) below. Transom windows above a door shall not be covered by an awning, canopy, or similar cover.
      (2)   Transparent windows shall cover at least 60% of the ground-floor, street-facing elevation of all buildings. For this standard, the ground-floor elevation is the area between the building base (or 30 inches above the sidewalk grade, whichever is less) and a plane 6 feet above the sidewalk grade.
      (3)   Upper floor, street-facing elevations may have less window coverage than ground-floor elevations. Orientation of upper floor windows shall have a width that is no greater than height.
      (4)   Side and rear ground-floor building elevations shall provide a minimum of 30% window transparency.
      (5)   All windows shall have trim, reveals, recesses or similar detailing of not less than 4 inches in width or depth, as applicable.
      (6)   Windows and display cases shall not break the front plane of the building (e.g., projecting display boxes are not permitted). For durability and aesthetic reasons, display cases, when provided, shall be flush with the building facade (not affixed to the exterior) and have trim that matches the window trim. Window flower boxes are allowed.
   (B)   Transparency guideline (for discretionary review). Ground floor building elevations should be pedestrian oriented and treated with windows, display areas or glass doorway openings to the extent possible and where appropriate to the design and use of the building. This guideline particularly applies to ground floor building elevations situated along Main Street in the DC Zone.
   (C)   Defined upper story standard. Building elevations shall contain detailing that visually defines street-level storefronts from upper stories. This standard may be met through any of the following elements:
      (1)   Awnings or canopies.
      (2)   Belt course (molding or projecting bricks or stones running horizontally along the face of a building to emphasize the junction between 2 floors).
      (3)   Similar detailing, materials, or fenestration.
   (D)   Defined upper story guideline. Building heights at or near the street should help form a sense of enclosure but should not create an undifferentiated high wall out of scale with pedestrians. Upper stories should be clearly differentiated from the ground floor.
   (E)   Building articulation standards. All building elevations that orient to a public street or civic space must have at least one break in the wall plane for every 25 feet of building length or width, as follows:
      (1)   A "break" for the purposes of this division is a change in wall plane of not less than 24 inches in depth. Breaks may include but are not limited to an offset, recess, window reveal, pilaster, frieze, pediment, cornice, parapet, gable, dormer, eave, coursing, canopy, awning, column, building base, balcony, permanent awning or canopy, marquee, or similar architectural feature.
      (2)   Changes in paint color and features that are not designed as permanent architectural elements, such as display cabinets, window boxes, retractable and similar mounted awnings or canopies, and other similar features, do not count toward meeting this break-in-wall-plane standard.
      (3)   See Figure 3.2-A for visual illustration of building articulation standards.
   (F)   Building articulation guideline. Building elevations should be varied and articulated to provide visual interest to pedestrians. Within larger projects, variations in architectural elements such as: building elevations, roof levels, architectural features, and exterior finishes should be provided. To balance horizontal features on longer building elevations, vertical building elements, such as building entries, should be emphasized.
   Figure 3.2-A
 
   (G)   Pedestrian shelter standards.
      (1)   Permanent awnings, canopies, or recesses shall be provided along at least 60% of ground-floor elevation(s) that abut a public sidewalk or civic space. Pedestrian shelters used to meet this standard shall extend at least 5 feet over the pedestrian area.
      (2)   Pedestrian shelters shall comply with applicable building codes. If mezzanine or transom windows exist, the shelter shall be below such windows. Pedestrian shelters shall maintain required vertical clearance.
   (H)   Pedestrian shelter guideline. Ground floor elevations that are located on a sidewalk, or other space where pedestrians are allowed to walk should provide weather protection for pedestrians to the greatest extent possible.
   (I)   Screening of equipment standard. Rooftop mechanical equipment shall be setback or screened behind a parapet wall so it is not visible from any public right-of-way or civic space. Where such placement and screening is not practicable, the city may approve painting of mechanical units in lieu of screening.
   (J)   Screening of equipment guideline. All roof, surface, and wall-mounted mechanical, electrical, communications, and service equipment should be screened from view from adjacent public streets by the use of parapets, walls, fences, enclosures, dense evergreen foliage, or by other suitable means.
   (K)   Exterior building materials standard. This standard applies to the exterior wall(s) of buildings that face a public street or civic space. Table 3.2-1 lists building materials that are primary (P), secondary (S), accent (A), and not allowed (N).
      (1)   Buildings shall utilize primary materials (P) for at least 60% of the applicable building facades.
      (2)   Secondary materials (S) are permitted on no greater than 40% of applicable building facades.
      (3)   Accent materials (A) are permitted on no greater than 10% of applicable building facades as trim or accents only.
      (4)   Materials listed as N in Table 3.2-1 are prohibited on applicable building facades.
   (L)   Exterior building materials guideline. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, wood, terra cotta, and tile are encouraged. Windows are also encouraged, where they allow views to interior activity areas or displays. Where masonry is used, decorative patterns (other than running bond pattern) should be provided, especially at entrances, building corners and at the pedestrian level. These decorative patterns may include multi-colored masonry units, such as brick, tile, stone, or cast stone, in a layered or geometric pattern, or multi-colored ceramic tile bands used in conjunction with materials such as concrete.
TABLE 3.2-1 EXTERIOR BUILDING MATERIALS
Building Material
Designation
TABLE 3.2-1 EXTERIOR BUILDING MATERIALS
Building Material
Designation
Brick
P
Stucco
P
Stone/masonry
P
Glass
P
Finished wood, wood veneers, wood siding
P
Fiber reinforced cement siding and panels
P
Vegetated wall panel or trellis
P
Concrete (poured in place or precast)
S
Concrete blocks with integral color (ground, polished or glazed finish)
S
Finished metal panels (anodized aluminum, stainless steel, or copper) with polished, brushed or patina finish
S
Ceramic tile
S
Concrete blocks with integral color (split-face finish)
A
Standing seam and corrugated metal
A
Glass block
A
Vinyl siding
N
Plywood paneling
N
 
(Ord. 2021-08-02, passed 10-12-2021)
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