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(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)
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.
(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.
(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.
(Ord. 2021-08-02, passed 10-12-2021)
GENERAL EXCEPTIONS TO STANDARDS
(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)
(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)
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)
COMMUNITY DESIGN STANDARDS
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)
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.
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)
RESIDENTIAL BUILDING DESIGN
(A) The following standards are intended to create walkable residential neighborhoods that are visually interesting, compatible with existing development, and avoid monotony in design.
(B) 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 review before the Planning Commission if necessary or desired by the applicant.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Applicability. The standards in this section apply to all new single detached, duplex, triplex, fourplex, and townhome development, unless otherwise indicated per the divisions below. The standards in this section also apply to conversion of an existing dwelling into one of the subject dwelling types (for example, conversion of a single detached dwelling into a duplex).
(B) Entry location and orientation standard. At least one main entrance for each structure that faces a street, and each townhome unit that faces a street, must meet the following standards.
(1) Be set back no further than 20 feet from the abutting public street or public pedestrian way.
(2) Either:
(a) Face the street;
(b) Be at an angle of up to 45 degrees from the street;
(c) Face a common open space that is adjacent to the street; or
(d) Open onto a porch. If the entrance opens onto a porch, the porch must:
1. Be at least 24 square feet in area with a minimum four-foot depth.
2. Have at least 1 porch entry facing the street.
3. Have a roof that is no more than 12 feet above the floor of the porch.
4. Have a roof that covers at least 30% of the porch area.
(C) Entry location and orientation guideline. Building elevations facing streets, shared courts, and common greens should include pedestrian oriented entrances. Special attention should be given to designing a primary building entrance that is both attractive and functional. Primary entrances should incorporate changes in mass, surface, or finish to emphasize the entrance.
(D) Limitation on parking. Off-street parking is not allowed within the front yard of a dwelling except within a designated driveway or garage.
(E) Garage standards. Where 1 or more garages face a street, the following standards apply:
(1) The front elevation of the garage(s) may not extend in front of the longest, street-facing elevation of the primary dwelling structure.
(2) The width of all garages on the street-facing elevation shall not exceed 60% of the total width of that elevation. The width of the garage shall be measured from the edges of the finished exterior garage wall.
(3) If the front elevation of the garage is set back at least 5 feet from the street-facing elevation of the primary dwelling structure, the garage width standard in division (E)(2) does not apply.
(4) Garages that face a street shall contain at least one of the following design features:
(a) Garage trellis or pergola extending at least 12 inches from the building face;
(b) Windows on 15% of the garage door;
(c) Decorative hardware;
(d) Natural wood finish;
(e) A recess of at least 3 feet behind the primary dwelling; or
(f) Multiple materials finish or colors are used.
(F) Garages guideline. Garages should not be a dominant feature of the front residential elevation. Garage doors should be articulated to reduce their visual impact.
(G) Windows standard. A minimum of 15% of the area of all street-facing facades must include windows or entrance doors. Facades separated from the street property line by a dwelling are exempt from meeting this standard.
(H) Windows guideline. Building elevations facing streets, shared courts, and common greens should include ample levels of glazing to ensure articulation on the facade, daylighting of interior spaces and visibility into the public realm.
(I) Detailed design standards.
(1) All single detached dwellings, duplexes, triplexes and fourplexes shall incorporate at least 5 of the following elements on the street-facing facade. All townhome units shall incorporate at least 2 of the following elements on the street-facing facade. For corner lots, this standard applies to both street-facing facades.
(a) Covered porch at least 36 square feet with a depth not less than 6 feet as measured perpendicular from the face of the main building facade to the edge of the porch.
(b) Recessed entry area at least 2 feet deep, as measured horizontally from the face of the main building facade, and at least 5 feet wide.
(c) Offset on the building face of at least 16 inches from one exterior wall surface to the other.
(d) Dormer that is at least 4 feet wide.
(e) Roof eaves with a minimum projection of 12 inches from the intersection of the roof and the exterior walls.
(f) Roof line offsets of at least 2 feet from the top surface of 1 roof to the top surface of the other.
(g) Tile shingle roofs.
(h) Horizontal lap siding between 3 to 7 inches wide (the visible portion once installed).
(i) Brick, cedar shingles, stucco, or other similar decorative materials covering at least 40% of the street-facing facade.
(j) Gable roof, hip roof, or gambrel roof design.
(k) Window trim around all windows at least 3 inches wide and 5/8 inches deep.
(l) Window recesses, in all windows, of at least three inches as measured horizontally from the face of the building facade.
(m) Balcony that is at least 3 feet deep, 5 feet wide, and accessible from an interior room.
(n) Bay window at least 1 foot deep and 3 feet wide.
(o) Attached garage width, as measured between the edges of the exterior finished garage wall, of 30% or less of the total width of that elevation.
(p) Permanent solar rooftop panels covering at least 60% of the roof area.
(q) Workable shutters on the exterior of ground floor windows.
(J) Detailed design guideline. Building elevations facing streets, shared courts, and common greens should include pedestrian oriented design elements and other design features that provide articulation, variety, interest and quality.
(K) House plan variety standards. This standard applies to new detached single dwelling developments only.
(1) No 2 directly adjacent or opposite dwellings in a single dwelling detached development of more than four units may have the same front or street-facing facade. This standard is met when front or street-facing facades differ from one another by at least 3 of the elements listed in divisions (K)(2) through (K)(7) below. Where facades repeat on the same block face, they must have at least 3 intervening lots between them that meet this standard.
(2) Materials. The plans specify different exterior cladding materials, a different combination of materials, or different dimensions, spacing, or arrangement of the same materials. This standard does not require or prohibit any combination of materials; it only requires that plans not repeat or mirror one another.
(3) Articulation. The plans have different offsets, recesses, or projections; or the front building elevations break in different places. For example, a plan that has a stoop entry (recess) varies from one that has an entry under a front porch (projection). For this standard to apply, a recess must have a minimum depth of 4 feet and a projection or offset must be at least 4 feet in depth.
(4) Variation in roof elevation. The plans have different roof forms (e.g., gable versus gambrel or hip), different roof height (by at least 10%), different orientation (e.g., front-facing versus side-facing gable), different roof projections (e.g., with and without dormer or shed, or different type of dormer or shed), or different roof pitch by more than 2 feet of vertical rise to 12 feet of horizontal run.
(5) Entry or porch. The plans have different configuration or detailing of the front porch or covered entrance.
(6) Fenestration. The plans have different placement, shape, or orientation of windows or different placement of doors.
(7) Height. The elevation of the primary roofline (along the axis of the longest roofline) changes by not less than 4 feet from building to building, or from dwelling unit to dwelling unit, on abutting lots, as applicable. Changes in finished grade of 8 feet or more from 1 lot to the adjacent lot are counted toward change in height for purposes of evaluating facade variation.
(L) House plan variety guideline. New residential developments should provide a variety of house styles and means of articulation along the front facade to avoid repetitive facades along a block face.
(M) Access and parking. This standard applies to new townhome development only. Townhomes with frontage on a public street shall meet the following standards:
(1) Garages on the front facade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are prohibited unless the following standards are met. For the purposes of this section, "driveway approach" means the edge of a driveway where it abuts a public right-of-way.
(a) Each townhouse lot has a street frontage of at least 15 feet on a local street.
(b) A maximum of 1 driveway approach is allowed for every townhouse. Driveways may be shared.
(c) Outdoor on-site parking and maneuvering areas do not exceed 12 feet wide on any lot.
(d) The garage width does not exceed 12 feet, as measured from the inside of the garage door frame.
(N) Driveway approach. This standard applies to new triplex and fourplex developments only. Driveway approaches shall comply with the following:
(1) The total width of all driveway approaches must not exceed 20 feet per frontage, as measured at the property line. For lots or parcels with more than one frontage, see division (N)(3) below.
(2) Driveway approaches may be separated when located on a local street. If approaches are separated, they must meet applicable driveway spacing standards for local streets.
(3) In addition, lots or parcels with more than one frontage must comply with the following:
(a) Lots or parcels must access the street with the lowest classification. For lots or parcels abutting an alley, access must be taken from the alley.
(b) Lots or parcels with frontages only on collectors and/or arterial streets must meet the applicable access standards for collectors and/or arterials.
(c) Triplexes and fourplexes on lots or parcels with frontages only on local streets may have either:
1. Two driveway approaches not exceeding 20 feet in total width on 1 frontage; or
2. One maximum 12-foot-wide driveway approach per frontage.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Cottage orientation. Cottages must be clustered around a common area and must meet the following standards. A minimum of 50% of cottages within a cluster must be oriented to the common area and must:
(1) Have a main entrance facing the common area;
(2) Be within 10 feet from the common area, measured from the facade of the cottage to the nearest delineation of the common area; and
(3) Be connected to the common area by a pedestrian path.
(a) Cottages within 20 feet of a street property line may have their entrances facing the street.
(b) Cottages not facing the common area or the street must have their main entrances facing a pedestrian path that is directly connected to the common area.
(B) Common area design standards. Each cottage cluster must share a common area in order to provide a sense of openness and community of residents. Common areas must meet the following standards. For cottage cluster subdivisions, the common area may satisfy the open space requirement of § 152.007, Preliminary Plat Approval Criteria and §§ 151.335 through 151.344, Master Planned Development:
(1) The common area must be a single, contiguous, useable piece.
(2) Cottages must abut the common area on at least two sides of the courtyard.
(3) The common area must contain a minimum of 150 square feet per cottage within the associated cluster.
(4) The common area must be a minimum of 15 feet wide at its narrowest dimension.
(5) The common area shall be developed with a mix of landscaping and lawn area, recreational amenities, hard-surfaced pedestrian paths, and/or paved courtyard area. Impervious elements of the common area shall not exceed 75% of the total common area.
(6) Pedestrian paths qualify as part of a common area. Parking areas, required setbacks, and driveways do not qualify as part of a common area.
(C) Community buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:
(1) Each cottage cluster is permitted 1 community building.
(2) A community building shall not exceed 1,400 square feet of floor area.
(D) Pedestrian access.
(1) An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:
(a) The common area;
(b) Shared parking areas;
(c) Community buildings; and
(d) Sidewalks in public rights-of-way abutting the site or roadways if there are no sidewalks.
(2) The pedestrian path must be hard-surfaced and a minimum of 5 feet wide.
(E) Parking design.
(1) Clustered parking. Off-street parking may be arranged in clusters of not more than 5 contiguous spaces separated from other clusters by at least 4 feet of landscaping. Clustered parking areas may be covered.
(2) Off-street parking spaces and vehicle maneuvering areas shall not be located:
(a) Within of 20 feet from any street property line, except alley property lines;
(b) Between a street property line, except alley property lines, and cottages abutting the street property line.
(3) Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.
(4) Screening. Landscaping or architectural screening at least 3 feet tail shall separate clustered parking areas and parking structures from common courtyards and public streets.
(5) Garages and carports. Garages and carports (whether shared or individual) must not abut common courtyards. Garage doors for individual garages must not exceed 12 feet in width.
(F) Existing structures. On a lot or parcel to be used for a cottage cluster project, a preexisting detached single dwelling may remain within the cottage cluster project area under the following conditions:
(1) The existing dwelling may be nonconforming with respect to the requirements of this Code.
(2) Existing dwellings may be expanded up to the maximum height or footprint required by this code; however, existing dwellings that exceed the maximum height, footprint, and/or unit size of this Code may not be expanded.
(Ord. 2021-08-02, passed 10-12-2021)
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