This chapter shall be known as the City of Banks Zoning Ordinance.

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

   The several purposes of this chapter are: to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide adequate open space for light and air; to lessen the congestion on streets; to give an orderly growth to the city; to prevent undue concentrations of population; to facilitate adequate provisions for community utilities and facilities such as water, sewage, electrical distribution systems, transportation, schools, parks, and other public requirements; to promote economic prosperity; and in general to promote public health, safety, convenience, and general welfare.

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

   Where a provision of this chapter conflicts with another chapter or ordinance, the provision or requirements that are more restrictive shall govern.

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

   The use of the word "shall," "must," "required," or similar directive terms, means the Code provision is a requirement. The use of the word "should," "encouraged," "recommended," or similar terms, means the provision is a guideline, which may be imposed as a requirement, but only where the applicable code criteria allow the city decision-making authority to exercise such discretion.

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

   The Planning Official, through a Type I land use decision procedure, shall process requests to validate a lot of record. A property owner may request the city deem a lot or parcel a "lot of record." The City Planning Official shall find that a lot of record exists when a lot or parcel was lawfully created prior to the effective date of this Code. Two or more lawfully created lots or parcels subject to a lot of record validation request which are nonconforming to the zoning code, contiguous and under identical ownership shall be combined into one lot of record, except if the creation of the lot(s) or parcel(s) was approved by the city or Washington County under applicable partition or subdivision regulations. A lot of record determination does not authorize a use or development that does not comply with other provisions of this Code. When decided by the Planning Commission, appeals are made to the City Council and subsequently to the Land Use Board of Appeals.

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

   Some terms or phrases within this Code may be unclear or have 2 or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.

      (1)   The Planning Official may request the matter be heard by the Planning Commission through a Type III process. If so, the Planning Official within 14 days of the inquiry shall advise the person making the inquiry in writing as to when the Planning Commission will make a formal interpretation.

      (2)   Where an interpretation requires discretion, the Planning Official shall inform the person making the request that Planning Commission review is required and advise the applicant on how to make the request. At a minimum, an application for code interpretation shall include a letter citing the nature and reasons for the request and the city fee for quasi-judicial review. The Planning Commission then shall review relevant background information, including but not limited to other relevant Code sections and previous city land use decisions, and follow the quasi-judicial review and public hearing decision making procedures in § 151.233.

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

   Any violation of this chapter or a provision of any permit or land use decision approved under the authority of this chapter is a civil infraction and a nuisance, enforceable under the provisions of Chapter 37, Civil Enforcement, and any other lawful remedy or procedure, including a suit for declaratory and injunctive relief in Circuit Court. The city is entitled to recover its reasonable enforcement costs expended in any such enforcement action to applicable fines and penalties.

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

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   Areas where the elevation of the floor is 4 feet or more below the adjacent right-of-way;

      (2)   Roof area, including rooftop parking;

      (3)   Rooftop mechanical equipment; and

      (4)   Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height for 75% or more of their perimeter.

      (1)   Is associated with a significant historic event or with a person, group of persons, or institution which made a significant contribution to the community, state, or nation;

      (2)   Represents a distinctive architectural style or building type and includes distinguishing architectural details, materials, or craftsmanship characteristic of a historic architectural style; and/or

      (3)   The exterior appearance of the building or site must be generally unaltered from the period from which it derives its significance.

   VISION CLEARANCE AREA. A triangular area of a corner lot at the intersection of 2 front lot lines, and through which it is necessary to retain vision clearance in the interest of public safety. The 2 legs of the triangle are of equal length and coincide with the 2 front lot lines. The apex is located at the intersection of the front lot lines, extended if necessary. The base of the triangle extends diagonally across the corner of the lot intersecting the 2 legs an equal distance from the apex. The size of the triangle and other requirements are specified in § 151.205.

   Figure 1.5-A Yard Areas

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

   Net acres. For subdivisions, net acres are calculated by subtracting rights-of-ways and open space from gross acres. First, gross acres are reduced by 25% for rights-of-way; then acres are further reduced by 15% for open space. Net acreage is not applicable to partitions, except where a private access lane is created (flag lots) or open space is voluntarily set aside.

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

   (A)   Dwellings located outside of the Banks City Limits and within the Banks Urban Growth Boundary may be permitted subject to the provisions of this section.

      (1)   The homeowner or their authorized representative shall obtain a certificate authorizing Washington County to issue a building permit for a new dwelling. Application shall be made at the city and shall include the following items:

         (a)   Plot plan showing the dwelling and all other structures, including all exterior dimensions; building elevations drawings for all sides; information describing roofing and siding materials, foundation support systems and materials;

         (b)   A written statement signed by the applicant pledging compliance with the terms set by the City of Banks and all other conditions of §§ 151.050 through 151.054; and

         (c)   Permit filing fee.

      (2)   An approved certificate to obtain a permit shall be issued within 10 days by the City of Banks after receipt of the required information indicated above.

      (3)   The certificate shall be denied when the applicant fails to provide the required information, and/or the proposed dwelling does not comply with the required codes specified herein.

      (1)   Remove any foundation and perimeter enclosures;

      (2)   Remove all accessories associated with the dwelling unit;

      (3)   Permanently disconnect and cap off all utilities including sewer, water, electricity, phone, cable television, and the like in the proper manner and time frame as may be specified by the utility agency; and/or

      (4)   In the event the owner fails to accomplish the required tasks as noted above, the City of Banks may perform the work and file a lien against the property for the cost to perform the work.

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

   All lands, tracts, and area within the corporate limits of the City of Banks are hereby included within 1 of the following described land use zones. The uses of land within the corporate limits of the city shall be limited to those permitted in the zone within which lands are situated.

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

   An overlay zone may be applied to any underlying zone. The regulations of an overlay zone shall be supplementary to and modify the regulations of the underlying zone.

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

   The city is divided into the following zones and overlay, with applicable abbreviated designation/suffix:

 

 

 

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

   (A)   The boundaries for the zones and overlay zones listed in this chapter are indicated on the City of Banks Zoning Map, which is hereby adopted by reference. The boundaries shall be modified in accordance with the provisions of this chapter.

   (B)   The boundaries, legends, symbols, rotations, and references of each of the zoning classifications as depicted on the City of Banks Zoning Map are hereby adopted by reference.

   (C)   Unless otherwise specified, zone and overlay zone boundaries are section lines; subdivision lines; lot lines; centerlines of street or railroad right-of-way; or the lines extended.

   (D)   Where the exterior boundary of any zone or overlay zone conforms to the corporate boundary of the city, the city boundary shall likewise be depicted on the City of Banks Zoning Map.

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

   (A)   The City of Banks Zoning Map is hereto attached and by this reference made a part hereof, bearing the signatures of the Mayor and City Recorder of the City of Banks, and entitled City of Banks Zoning Map dated with the effective date of this chapter, it shall be maintained on file at all times in the office of the City Recorder.

   (B)   Whenever authorized map changes have accumulated, the City Council shall have prepared a revised Zoning Map depicting all changes authorized after the original map was adopted.

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

   Concurrent with annexation of land to the City of Banks, the City Council, upon considering the recommendation of the Planning Commission, shall enact an ordinance applying applicable zoning designation(s) to the subject land, pursuant to §§ 151.300 through 151.306. The Comprehensive Plan shall guide the designation of zoning for annexed areas.

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

   (A)   This subchapter regulates allowed land uses in the residential zones ("uses") 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 §§ 151.001 and 151.002.

   (B)   The intent and purpose of each residential zone is described as follows:

      (1)   The Residential Estate (RE) zone is intended to provide for low-density single family residential uses on large parcels at a density of 2.9 to 5.9 dwellings per net acre.

      (2)   The Low Density Residential (LDR) zone is intended to provide primarily single-family detached and duplex dwellings at a density of 6.0 to 7.9 dwellings per net acre.

      (3)   The Medium Density Residential-Low (MDR-L) zone is intended to provide for a blend of detached and attached single-family housing units with limited multi-family housing types at a density of 8.0 to 12.9 dwellings per net acre.

      (4)   The Medium Density Residential-High (MDR-H) zone is intended to provide for a blend of detached and attached single-family housing units and multi-family housing types at a density of 13.0 to 16.9 dwellings per net acre.

      (5)   The High Density Residential (HDR) zone is intended to provide for a broad range of housing types at a density of 17.0 to 30.0 dwellings per net acre. The HDR zone also provides opportunities for a limited amount of neighborhood-scale commercial uses.

      (6)   Mixed-Use (MU) zone is intended to provide a mix of medium density residential uses together with small to medium scale retail commercial and civic uses that emphasize a pedestrian environment.

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

   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.

 

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

   The development standards in Table 2.2-B apply to all uses, structures, buildings, and development allowed in the residential zones.

 

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

   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)

   (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:

(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.

 

(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.

      (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.

 

      (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

      (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)

      (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.

         (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.

         (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)

   (A)   An accessory dwelling unit (ADU) may be a detached building, in a portion of a detached accessory building (above a garage or workshop, for example), or a unit attached or interior to the primary dwelling (an addition or conversion of an existing floor, for example).

   (B)   ADUs shall comply with the following:

      (1)   A maximum of 1 ADUs is allowed per lot. The ADU may be internal to the primary residence or a detached, separate unit.

      (2)   The maximum floor area of the ADU shall not exceed 800 square feet or 75% of the primary dwelling's floor area, whichever is smaller. However, ADUs that result from the conversion of a level or floor (basement or attic, for example) of the primary dwelling may occupy the entire level or floor, even if the floor area of the ADU exceeds 800 feet.

      (3)   Other development standards. ADUs shall meet the development standards for buildings per the underlying zone, except that:

         (a)   Conversion of an existing legal non-conforming structure to an ADU is allowed, provided that the conversion does not increase the degree of non-conformity.

         (b)   No off-street parking is required for an ADU.

         (c)   Detached ADUs shall contain at least 2 detailed design elements from the list in § 151.126.

         (d)   ADUs are not included in density calculations.

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

   (A)   Specific standards for the development of manufactured home parks are included because a manufactured home park is a unique type of residential use which deserves special consideration due to its impact unto the community, its roads and utilities. These standards are instead of the standards of §§ 151.270 through 151.273, Conditional Use Permits.

   (B)   Minimum area - 1 acre.

   (C)   Access drives shall be provided to each manufactured home space, shall be continuous unless provided with adequate turn-around area or cul-de-sac, and shall have minimum width of 20 feet. Each park shall have a principal access drive of not more than 20 feet for an exterior connection to the public street. A principal access drive that allows on-street parking on 1 side shall be 24 feet wide; and a principal access drive that allows on-street parking on both sides shall be 28 feet wide. All internal roads shall be paved.

   (D)   Walkways, not less than 2 feet in width, shall be provided from each manufactured home space to service buildings and along at least 1 side of all access drives and internal roads.

   (E)   Except as required for vision clearance, the outer perimeter of each park shall be improved with:

      (1)   A sight-obscuring fence or wall not less than 5 nor more than 6 feet in height;

      (2)   Maintained evergreen landscaping that is at least 10 feet in depth, will mature within 3 years, and reach at least 5 feet in height at maturity; or

      (3)   A combination of divisions (E)(1) and (E)(2) above.

   (F)   Unless in conflict with state laws and regulations, all areas covered by manufactured homes and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.

   (G)   All open areas, except as otherwise specified herein, shall be suitably landscaped according to plans and specifications approved by the Planning Commission. The areas shall be continuously maintained.

   (H)   Each manufactured home space shall be improved with 1 patio of concrete or other suitable impervious material, having a minimum area of 150 square feet and 1 crushed rock or better surfaced mobile home pad having a minimum area equal to that of the manufactured home which will be located on the space. In addition each mobile home site shall have 1 parking space, either a carport or paved parking area having a minimum area of 100 square feet.

   (I)   A minimum of 200 square feet of recreation area for each manufactured home space shall be provided in 1 or more locations within the manufactured home park. The minimum size of each required recreation area shall be 5,000 square feet.

   (J)   A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each manufactured home park. The storage area shall contain a minimum of 160 square feet for each manufactured home space and be enclosed by a sight-obscuring fence. Roads, carports, parking areas, yards, and patios shall not be used for long-term parking or storage of trailers, boats, campers, or other recreational vehicles.

   (K)   Permanent accessory structures located within any manufactured home space shall be used only as carports or for storage purposes. (Storage buildings shall have a maximum floor area of 25 square feet). Carports shall not exceed 800 square feet in area unless designed to serve 2 adjacent manufactured home spaces in which case they may be 1,600 square feet in area. Storage structures and carports shall be located not less than 6 feet from any manufactured home and shall be subject to all of the applicable permits and building codes of the City of Banks. A storage building (and carport) shall be provided on each manufactured home space.

   (L)   Signs are limited to 1 identification sign with a maximum area on 1 side of 12 square feet. The sign may be indirectly illuminated, but shall not contain exposed neon or similar tubing and shall not flash, rotate, or move in any way. Design approval of the sign is subject to review of the Planning Commission to assure that it will be harmonious with the neighborhood.

   (M)   All utilities, i.e., sewer, water, natural gas, electricity, telephone, and television cable shall be underground in locations approved the City Engineer. Each manufactured home space shall be equipped with connections for running water, electricity, and sanitary sewer.

   (N)   All residents shall execute leases, which have been approved by the city and contain provisions for the assumption of possession of abandoned manufactured homes by the manufactured home park management.

   (O)   Prior to location of a mobile home in a manufactured home park, the owner or occupant shall establish to the satisfaction of the superintendent of building inspection that the manufactured home is in a condition that conforms to 1 of the following construction standards.

      (1)   A manufactured home constructed on or after 9-1-1969, shall conform either to standards in effect in Oregon at the time of construction or Oregon standards in effect at the time entry into the park is to occur. Units built between 9-1-1969 and 6-15-1976 shall exhibit the Oregon Department of Commerce Insignia of Compliance. Units built thereafter shall meet the H.U.D. Federal Manufactured Home Safety Standards dated 6-15-1976.

      (2)   Manufactured homes, constructed prior to 9-1-1969, shall be in a condition that is not less than the substantial equivalent of the above standards.

   (P)   The services of an architect, a landscape architect, and an engineer, all licensed to practice in Oregon, shall be employed in the preparation and execution of all plans. Upon proof by the applicant that the scope of the proposal does not require the services of an architect, the Planning Director may waive that requirement.

   (Q)   In the event of denial, applications may be resubmitted within 1 year of the denial, provided the Planning Director finds the denial was based on internal (on-site) factors and new plans have been submitted which are sufficiently modified to warrant consideration by the Planning Commission.

   (R)   Notwithstanding the above regulations, manufactured home parks must comply with all state regulations pertaining to this type of use.

   (S)   An adequate number of fire hydrants shall be provided within the manufactured home park so that no mobile home space or structure within the park is more than 400 feet from a hydrant.

   (T)   Standard streetlights shall be installed at intervals of no more than 200 feet along all access drives and internal roads.

   (U)   Each manufactured home space shall be legibly numbered so that it may be easily found by emergency vehicles.

   (V)   A manufactured home located in a manufactured home park smaller than 3 acres shall have:

      (1)   A pitched roof, except that no standard shall require a slope of greater than a nominal 3 feet in height for each 12 feet in width.

      (2)   Exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community and which is comparable to the predominant materials used on dwellings on adjoining sites as determined by the Planning Commission.

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

      (1)   No sign shall be used other than a nameplate not over 2 square feet in area.

      (2)   There shall be no display that will indicate from the exterior that the building is used for any purpose other than a residence.

      (3)   There shall be no outside storage of materials other than plant materials. No activities associated with the home occupation shall take place outdoors:

      (4)   The building shall retain the characteristics and appearance of a residence.

      (5)   The home occupation shall not alter the residential character of the neighborhood.

      (6)   There shall be no paid employees other than family members.

      (7)   The activity shall occupy no more than 1/4 of the floor area of the primary structure.

      (8)   Family day care homes are residential uses and are not regulated as home occupations.

      (9)   Specifically prohibited, as a home occupation in a residential zone, is the repair and assembly of motor vehicles, equipment with an internal combustion engine, or large appliances.

      (10)   There shall be no large-scale commercial vehicle delivery or pickup.

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

   The development standards listed below apply to all live-work residences. Live/work residence means a habitable structure that allows for a professional office or commercial retail or service use to be operated in the same structure, with the business owner's residence located behind the business use on the ground floor or on the upper floor. The permitted live/work housing types are defined below:

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

   Certain commercial uses are allowed in the MU, MDR-L, MDR-H, and HDR zones as indicated in Table 2.2-A. Those commercial uses are: Retail sales and service, professional and administrative offices, medical and dental offices, and food-beverage sales (no drive- through facilities). The following standards apply to commercial uses in residential zones.

   (A)   The gross floor area of commercial uses in the MU zone shall not exceed 10,000 square feet per lot.

   (B)   The gross floor area of commercial uses in the MDR-L, MDR-H, and HDR zones shall not exceed 5,000 square feet per lot.

   (C)   For mixed-use developments abutting Main Street, no more than 50% of the Main Street ground-floor street frontage shall be occupied by residential uses. This standard does not limit residential uses above a street-level commercial or civic use, or behind street-level store fronts abutting Main Street.

   (D)   Commercial and mixed-use buildings in the MU, MDR-L, MDR-H, and HDR zones shall meet the Build-to Line standard of § 151.054(C).

   (E)   All commercial operations shall be conducted within enclosed buildings except as expressly authorized through approval of a conditional use permit or as accessory to a primary permitted use; for example, outdoor seating areas for restaurants.

   (F)   Commercial and residential floor space on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 11 feet for new building construction.

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

   (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.

      (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)

   The following standards apply to drive-through facilities, where they are allowed.

      (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)

   The following standards apply to bed and breakfast facilities, where they are allowed.

   (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)

   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)

   (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.

      (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:

      (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.

         (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.

         (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.

      (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)

   (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)

      (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)

   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)

   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.

      (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.

      (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.

      (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.

   Figure 3.2-A

      (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.

      (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.

 

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

   (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)

      (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.

      (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.

      (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.

      (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.

      (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.

      (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.

   (O)   There is no design guideline associated with divisions (M) or (N) related to access, parking, or driveways. Adjustments to those standards require an adjustment or variance approval pursuant to §§ 151.320 through 151.324.

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

      (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.

      (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.

      (1)   Each cottage cluster is permitted 1 community building.

      (2)   A community building shall not exceed 1,400 square feet of floor area.

      (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.

      (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.

      (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)

   This section is intended to provide consistency with the Oregon Transportation Planning Rule (Oregon Administrative Rules, 660-012), Banks Transportation System Plan, and to provide for safe, reasonably direct, and convenient pedestrian access and circulation.

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

   The standards in this section apply to all new commercial, mixed-use, industrial, civic, and multi-family development.

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

      (1)   For commercial, civic and multi-family developments, on-site walkways shall provide direct connections between primary building entrances and all on-site parking areas, adjacent recreational areas and activity/commercial hubs, future phases of development if applicable, and public rights-of-way.

      (2)   For industrial developments, on-site walkways shall provide safe, reasonably direct, and convenient connections between primary building entrances and all on-site parking areas.

      (3)   Walkways shall be free from hazards and provide a smooth and consistent surface. The city may require landscape buffering between walkways and adjacent parking lots or driveways to mitigate safety concerns.

      (4)   The walkway network shall connect to all primary building entrances, consistent with Americans with Disabilities Act (ADA) requirements where required.

   (B)   Except as required for crosswalks, per division (C) below, where a walkway abuts a driveway or street it shall be raised 6 inches and curbed along the edge of the driveway or street. Alternatively, the city may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is physically separated from all vehicle maneuvering areas. An example of such separation is a row of bollards (designed for use in parking areas) with adequate minimum spacing between them to prevent vehicles from entering the walkway.

   (D)   Walkway width and surface. Walkways shall be constructed of concrete, asphalt, brick or masonry pavers, or other durable surface, meeting ADA requirements, as approved by the City Engineer. Walkways shall be not less than 4 feet in width, except that concrete walkways a minimum of 6 feet in width are required in commercial developments. The city may also require 6-foot-wide, or wider, concrete sidewalks in other developments where pedestrian traffic warrants walkways wider than 4 feet.

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

      (1)   Use plants that are appropriate to urban areas and the local climate, exposure, and water availability. The presence of utilities and drainage conditions shall also be considered. The city may rely on Oregon State University Extension Service bulletins/University of Washington Urban Forestry Program guidelines/or other expert sources in evaluating landscape plans.

      (2)   Plant species that do not require irrigation once established (naturalized) are required.

      (3)   Trees shall be not less than 2-inch caliper at the time of planting. Trees to be planted under or near power lines shall be selected so they will not conflict with power lines at maturity.

      (4)   Shrubs shall be planted from 5-gallon containers, minimum, where they are for required screens or buffers, and 2-gallon containers minimum elsewhere.

      (5)   Shrubs shall be spaced in order to provide the intended screen or canopy cover within 2 years of planting.

      (6)   All landscape areas, whether required or not, that are not planted with trees and shrubs or covered with allowable non-plant material, shall have ground cover plants that are sized and spaced to achieve plant coverage of not less than 75% at maturity.

      (7)   Bark dust, chips, aggregate, or other non-plant ground covers may be used, but shall cover not more than 25% of any landscape area. Non-plant ground covers cannot be a substitute for required ground cover plants.

      (8)   Where storm water retention or detention, or water quality treatment facilities are proposed, they shall be planted with water-tolerant species.

      (9)   Existing mature trees that can thrive in a developed area and that do not conflict with other provisions of this Code shall be retained where specimens are in good health and do not present a hazard.

      (10)   Landscape plans shall avoid conflicts between plants and buildings, streets, walkways, utilities, and other features of the built environment.

      (11)   Evergreen plants shall be used where a sight-obscuring landscape screen is required.

      (12)   Deciduous trees should be used where summer shade and winter sunlight are desirable.

      (13)   Landscape plans should provide focal points within a development, for example, by preserving large or unique trees or groves or by using flowering plants or trees with fall color.

      (14)   Landscape plans should use a combination of plants for seasonal variation in color and yearlong interest.

      (15)   Landscape plans shall provide for both temporary and permanent erosion control measures, which shall include plantings where cuts or fills, including berms, swales, storm water detention facilities, and similar grading, is proposed.

      (16)   When new vegetation is planted, soils shall be amended and irrigation provided, as necessary, until the plants are established and able to grow on their own.

      (3)   Alternative groundcover. Whenever possible, mulched planting beds and native plant communities should be used to meet landscape requirements. Beds may be mulched with any suitable organic or inorganic groundcover, provided that no more than 25% of the total vegetated area ismulched with inorganic material. Preservation and re-establishment of native plant communities as part of landscape designs is encouraged.

      (1)   The location and height of existing and proposed fences, buffering or screening materials.

      (2)   The location, size, and type of existing trees having a 6-inch or greater diameter measured 4.5 feet above ground.

      (3)   Method of irrigation for proposed trees and plant materials.

      (4)   An arborist's report may be required for sites with mature trees to be preserved and protected during construction.

      (5)   Other information as deemed appropriate by the Planning Official.

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

      (1)   Commercial and industrial uses when abutting residential uses.

      (2)   Industrial uses when abutting commercial uses.

      (3)   Service areas and facilities, including garbage and waste disposal containers, recycling bins, and loading areas.

      (4)   Outdoor storage areas.

      (5)   Parking areas for 20 or more vehicles.

      (6)   At and above grade electrical and mechanical equipment, such as transformers, heat pumps, and air conditioners.

      (4)   Other approved methods which produce an adequate buffer considering the nature of the impacts to be mitigated.

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

      (1)   A fence on a corner lot shall not violate the 20-foot vision clearance triangle as specified in § 151.205.

      (2)   In no instance shall a fence extend beyond the property line or be constructed higher than 6 feet above the finished grade of the lot. (A lower height fence may be required as described under division (E) below.).

      (3)   Fencing shall be installed at least 3 feet from a utility pedestal or electrical transformer and not completely enclose them.

      (4)   Requirements specified under divisions (C)(1) through (C)(3) above and the specific restrictions specified under divisions (E) through (G) below are applicable to site landscaping such as hedges, trees, and shrubbery.

      (5)   Fencing for residential swimming pools shall comply with the barrier requirements specified in the International One- and Two-Family Dwelling Code, as administered by the Washington County Building Services Division.

      (6)   The use of barbed wire, electric fencing (above grade), or other types of injury causing fencing material shall be prohibited in the residential and CF Zones.

      (1)   A fence located in a required front yard or street side yard shall not exceed 3.5 feet in height measured from the original finished grade of the lot, except as provided in (D)(2) below.

      (2)   Street side yards of corner lots may have a 6-foot fence or hedge installed in the street side yard, provided the following requirements are satisfied.

         (a)   The street intersection for the corner lot shall be controlled by stop signs on at least 1 of the intersecting streets.

         (b)   A minimum clear sight distance of up to 250 feet measured from the street intersection along the side yard street shall be provided for a street with a speed limit of 25 mph. For streets with higher speed limits, the minimum clear sight distance shall be equal to 10 times the legal speed of the street.

         (c)   Driveway access is allowed in the street side yard on the subject property or abutting lot so long as such access is not obscured by a fence.

   Figure 3.5-A Fence Height in Front and Street Side Yards

   Figure 3.5-B Corner Lots Having Abutting Street Side Yards

   Figure 3.5-C Corner Lot Having Street Side Yard Abutting Neighbor's Front Yard

(Ord . 2021- 08- 02, pass ed 10- 12- 2021)

   This section contains requirements for vehicle and bicycle parking. It provides standards for the location, size, and design of parking areas to ensure such areas can be accessed safely and efficiently. The code also encourages non-motorized transportation by requiring bicycle parking for some uses.

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

      (1)   When computing parking spaces based on floor area, parking structures and non-leasable floor spaces, such as storage closets, mechanical equipment rooms, and similar spaces, are not counted.

      (2)   The number of parking spaces is computed based on the primary uses on the site except as stated in division (C)(3), below. When there are two or more separate primary uses on a site, the minimum and maximum parking for the site is the sum of the required or allowed parking for the individual primary uses. For shared parking, see § 151.172(D) below.

      (3)   When more than 20% of the floor area on a site is in an accessory use, the required or allowed parking is calculated separately for the accessory use. An example would be a 10,000 square foot building with a 7,000 square foot warehouse and a 3,000 square foot accessory retail area. The minimum and maximum parking would be computed separately for the retail and warehouse uses.

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

 

      (1)   One and one-fifth times the minimum parking required for uses fronting a street with adjacent on-street parking spaces; or

      (2)   One and one-half times the minimum parking required for uses fronting a street with no adjacent on-street parking

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

   The applicant may propose a parking standard that is different than the standard under § 151.172, above, for review and action by the Planning Commission through a Type III procedure pursuant to § 151.233. The parking analysis, at a minimum, shall assess the expected parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site; and other relevant factors.

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

      (1)   For 1 row of stalls use "C" plus "D" as minimum bay width.

      (2)   Public alley width may be included as part of dimension "D", but all parking stalls must be on private property, off the public right-of-way.

      (3)   For estimating available parking area, use 350 sq. ft. per vehicle for stall, aisle and access areas.

      (4)   The stall width for self-parking of long duration is 8.6 feet; for higher turnover self-parking is 9.0 feet; and for supermarkets and similar facilities is 9.5 to 10.0 feet.

      (5)   The minimum aisle width for 2-way traffic and for emergency vehicle operations area is 24 feet. The minimum aisle width for emergency vehicle access (one-way traffic) is 20 feet.

      (6)   Where appropriate bumper overhang area is provided (extruded curbs), "G" can be subtracted from "C" to determine stall depth. Dimensions of required recreational vehicle spaces are 10-feet by 25- feet.

      (1)   For 1 row of stalls use "C" plus "D" as minimum bay width.

      (2)   Public alley width may be included as part of dimension "O," but all parking stalls must be on private property, off the public right-of-way.

      (3)   For estimating available parking area, use 350 square feet per vehicle for stall, aisle, and access areas.

      (4)   The stall width for self-parking of long duration is 8.6 feet; for higher turnover self-parking, is 9.0 feet; and for supermarkets and similar facilities is 9.5 to 10.0 feet.

      (5)   The minimum aisle width for 2-way traffic and for emergency vehicle operations area is 24 feet. The minimum aisle width for emergency vehicle access (1-way traffic) is 20 feet.

      (6)   Where appropriate bumper overhang area is provided (extruded curbs), "G" can be subtracted from "C" to determine stall depth. Dimensions of required recreational vehicle spaces are 10 feet by 25 feet.

         (a)   Parking space plans. No building permit shall be issued until plans are presented that show property that is and will remain available exclusively for off-street parking. The subsequent use of property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking space required by this chapter. Reduction of the amount of required off-street parking shall be considered a violation of this chapter. Parking plans shall be drawn to scale and shall delineate parking spaces, drives and aisles, bumper rails, and other features required by this chapter.

      (1)   Groups of more than 4 off-street parking spaces shall be served by a driveway or aisle so that no backing movements or other maneuvering within a street other than an alley will be required.

      (2)   Service drives or aisles to off-street parking areas shall be designed and constructed to facilitate the flow of traffic and to provide maximum safety to pedestrians and vehicular traffic on the site.

      (3)   Service drives or aisles shall be clearly and permanently marked and defined through the use of bumper rails, fences, buildings, walls, paintings, or other appropriate markers and shall not be considered as parking spaces.

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

   All the following standards shall be met for parking lots with 4 or more parking spaces. If a development contains multiple parking lots, then the standards shall be evaluated separately for each parking lot.

   (A)   A minimum of 10% of the total surface area of subject parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of canopy trees distributed throughout the parking area. A combination of deciduous and evergreen trees, shrubs, and ground cover plants is required. The trees shall be planned so that they provide a 50% canopy cover over the parking lot when the trees reach maturity.

   (B)   All parking areas with more than 20 spaces shall provide landscape islands with trees that break up the parking area into rows of not more than 10 to 12 contiguous parking spaces. Landscape islands and planters shall have dimensions of not less than 48 square feet of area and no dimension of less than 6 feet, to ensure adequate soil, water, and space for healthy plant growth.

   (C)   All required parking lot landscape areas not otherwise planted with trees must contain a combination of shrubs and groundcover plants so that, within 2 years of planting, not less than 75% of that area is covered with living plants.

   (D)   Wheel stops, curbs, bollards, or other physical barriers are required along the edges of all vehicle-maneuvering areas to protect landscaping from being damaged by vehicles. Trees shall be planted not less than two feet from any such barrier.

   (E)   Trees planted in tree wells within sidewalks or other paved areas shall be installed with root barriers, consistent with applicable nursery standards.

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

   (A)   Any portion of an off-street parking area, other than that for a single-family residence, which adjoins a residential zone shall be screened from the adjoining residential area by a sight-obscuring fence having a minimum height of 6 feet, and/or by a dense evergreen landscape screen which attains a height of at least 6 feet within 2 growing seasons.

   (B)   Parking lots abutting a public street, sidewalk or walkway shall be screened using a sight-obscuring fence, low-growing hedge or low garden wall to a height of between 3 feet and 4 feet.

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

   All uses that are subject to site design review shall provide bicycle parking, in conformance with the standards in the table below, and following divisions.