(A)    The purpose of design review approval is to ensure compliance with the objectives and provisions of this chapter and the Comprehensive Plan; to mitigate the impacts where development may cause a conflict between uses in the same or adjoining zones, to reduce and eliminate unsightly, unhealthful or unsafe conditions, which adversely affect the public health, safety, and general welfare.

   (B)   This subchapter is designed to address the location and design of a use that is allowed within the zone. In considering the design review requirements, the city shall take into account the impact of the proposed development on nearby properties, the capacity and circulation of the street system, the capacity of the utility and service systems, and the appearance of the street and the community.

(Prior Code, §16.175.000) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    A building, grading, parking, or development permit, as specified in this chapter shall not be issued for a use subject to this section, nor shall such uses be commenced, enlarged, altered, changed or moved until a design review application is approved by the city.

(Prior Code, §16.175.005) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    Design review is required for all new developments and modifications of existing developments described below. Regular maintenance, repair and replacement of existing materials (such as roof, siding, awnings, and the like), parking resurfacing and similar maintenance and repair shall be exempt from review.

      (1)   A Type II land use design review application is conducted by the city without a public hearing and in accordance with this chapter. This procedure shall be used when the city finds that the applicable standards are primarily clear and objective but may require a limited exercise of discretion. This procedure is for changes in land use and developments that do not require a conditional use permit or comprehensive design review approval. A limited land use review ensures compliance with the basic land use and development standards of the land use district, such as lot area, building setbacks, and orientation, lot coverage, building height, landscaping, parking and other development standards.

      (2)   A limited land use review is required for the types of changes in land use and development proposals listed below. Land uses and development exceeding the thresholds below require a Type III design review application.

         (a)   A change in occupancy from one type of land use to a different land use;

         (b)   A development proposal that increases lot coverage by no more than 10%;

         (c)   Non-residential building additions up to 500 square feet or 20% of an existing structure, whichever is greater;

         (d)   Minor modifications to development approvals that require one or more discretionary approval standards;

         (e)   Minor alterations to a development that has a valid conditional use permit that require one or more discretionary approval standards, and as determined by §§ 155.070 through 155.077 of this chapter;

         (f)   Non-residential accessory structures and accessory parking; and

         (g)   Having a condition for major public improvements where a specific plan was not considered (such as transportation facilities and improvements, parks, trails and similar improvements as determined by the city).

      (3)   A Type II limited land use design review shall be conducted prior to issuance of building permits, occupancy permit, business license or public improvement permits as determined by the city and an application shall be approved only upon meeting all of the following criteria:

         (a)   The proposed land use or development is permitted by and meets the intent of the underlying land use district and all other applicable sections of this chapter;

         (b)   The proposed land use or development meets all applicable criteria of Clean Water Services, Tualatin Valley Fire & Rescue, Washington County and any other entity with jurisdiction over the property or the roadway adjacent to the property; and

         (c)   The off-street vehicle parking, bicycle parking and loading areas for the use meet the requirements of §§ 155.670 through 155.676.

(Prior Code, §16.175.010) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    Design review applications shall be filed on a Planning Department form as provided by the city and shall be accompanied by such drawings, sketches and descriptions as the city deems necessary to describe the proposed development. An application shall not be deemed complete unless all information requested is provided.

(Prior Code, §16.175.015) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    If required, the applicant shall schedule a pre-application conference prior to filing a design review application.

(Prior Code, §16.175.020) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    Following the pre-application conference and neighborhood meeting, the applicant shall submit the formal application to the city accompanied by the appropriate fee and application materials, along with a site development plan and other information in accordance with the pre-application meeting and the requirements of this chapter.

(Prior Code, §16.175.025) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    A design review application must be filed for any of the following uses, except for single-family or duplex construction and accessory structures and unless determined to be a Type II limited land use review pursuant to § 155.047(A) of this chapter:

   (A)   New buildings or structures;

   (B)   Building alterations substantially affecting the exterior design and/or dimensions of an existing structure;

   (C)   Any exterior alteration to an existing nonresidential use, which has not previously been subject to design review, except for painting, the replacement of roofing and siding material;

   (D)   Any exterior alteration to an existing nonresidential use which has been subject to design review;

   (E)   Any alteration of site improvements, such as the landscaping in conjunction with an existing nonresidential use which has been subject to design review;

   (F)   Any new permitted land use on undeveloped property, such as parking lots, concession stands, storage yards, and the like;

   (G)   Site grading of property affecting or altering the on-site or off-site drainage;

   (H)   A change of use within a zone unless the use change will not affect parking, exit requirements, and other standards of this chapter; and

   (I)   The removal of a substantial portion of mature trees existing on-site.

(Prior Code, §16.175.030) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

      (1)   Drawings depicting the proposal;

      (2)   Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned;

      (3)   An electronic copy of the drawings shall be submitted in (.pdf) or other software format designated by the city; and

      (4)   A development anticipating more than one business on the premises shall submit a uniform sign plan with the land use application for design review.

      (1)   Location and species of trees greater than six inches in diameter when measured four and one-half feet above the natural grade, and an indication of which trees are to be removed;

      (2)   On sites that contain steep slopes, potential geologic hazard or unique natural features that may affect the proposed development, the city may require contours mapped at two-foot intervals;

      (3)   Natural drainage ways and other significant natural features;

      (4)   All buildings, roads, retaining walls, curb-cuts and other manmade features; and

      (5)   Natural features, including trees and structures on adjoining property having a visual or other significant relationship with the site.

      (1)   Legal description of the lot;

      (2)   Boundary dimensions and area of the site;

      (3)   Location of all new structures and existing structures proposed to be retained, including their distances from the property line;

      (4)   Area of the site covered by the structures described in division (D)(3) above and their percentage of the site;

      (5)   All external dimensions of proposed buildings and structures;

      (6)   The location of a building’s windows, doors, entrances and exits;

      (7)   Vehicle parking and circulation areas, including their dimensions and electric vehicle (EV) charging areas;

      (8)   Service areas for such uses as the loading and delivery of goods;

      (9)   Locations, descriptions and dimensions of easements;

      (10)   Grading and drainage plans, including spot elevations and contours at close enough intervals to easily convey their meaning;

      (11)   Location of areas to be landscaped;

      (12)   Private and shared outdoor recreation areas;

      (13)   Pedestrian circulation and bicycle parking/storage;

      (14)   The location of mechanical equipment, garbage disposal areas, utility appurtenances and similar structures;

      (15)   Exterior lighting on the proposed building(s), including the type, intensity and area to be illuminated;

      (16)   Location, size and method of illumination of signs;

      (17)   Provisions for handicapped persons;

      (18)   Other site elements which will assist in the evaluation of site development;

      (19)   The location and names of all existing streets within or on the boundary of the proposed development; and

      (20)   A written summary showing the following:

         (a)   For commercial and nonresidential development:

            1.   The square footage contained in the area proposed to be developed;

            2.   The percentage of the lot covered by structures;

            3.   The percentage of the lot covered by parking areas and the total number of parking spaces; and

            4.   The total square footage for all landscaped areas including the percentage consisting of natural materials and the percentage consisting of hard-surfaced areas such as courtyard.

         (b)   For residential development:

            1.   The total square footage in the development;

            2.   The number of dwelling units in the development (include the units by the number of bedrooms in each unit, e.g., ten one-bedroom, twenty-five two-bedroom, and the like);

            3.   Percentage of the lot covered by:

               a.   Structures;

               b.   Parking areas;

               c.   Recreation areas; and

               d.   Landscaping.

      (1)   The size, species and locations of plant materials to be retained or placed on the site;

      (2)   The layout of proposed irrigation facilities;

      (3)   The location and design details of walkways, plaza, courtyards and similar seating areas, including related street furniture and permanent outdoor equipment including sculpture;

      (4)   The location, type and intensity of lighting proposed to illuminate outdoor areas;

      (5)   The location and design details of proposed fencing, retaining walls and trash collection areas; and

      (1)   A plot plan specifying the building footprint and dimensions, including all points of access. Floor plans of interior spaces to the extent required to clarify access functions. Such floor plans shall be provided for all building floors and shall include appropriate dimensions;

      (2)   Exterior elevations showing finish materials, windows, doors, light fixtures, stairways, balconies, decks and architectural details. These elevations shall be provided for every exterior wall surface, including those which are completely or partially concealed from view by overlapping portions of the structure. Existing and finished grades at the center of all walls shall be shown with elevations of floors indicated and a dimension showing compliance with height limitations;

      (3)   The color and texture of finish materials shall be described on the drawings and samples shall be submitted of the materials and color ranges of siding, roofing and trim;

      (4)   Location and type of exterior light fixtures including the lamp types and levels of illumination that they provide; and

      (5)   A comprehensive graphic plan showing the location, size, material and method of illumination of all exterior signs, subject to the other applicable requirements of this chapter. At the applicant’s option, this plan may be submitted for approval at any time prior to the issuance of occupancy permits.

(Prior Code, §16.175.035) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    Prior to the development of lots containing unstable soils as defined by this chapter, the city shall require a registered engineer's assessment of the design and structural techniques needed to mitigate potential hazards. In the event there are inadequate mitigation measures, the city shall prohibit development.

(Prior Code, §16.175.040) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    All documentation and completed plans required by the Planning Commission shall be submitted and approved prior to obtaining any required permits or licenses.

(Prior Code, §16.175.045) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

    Approval of a Type III design review application shall be based on the following criteria:

      (1)   The elements of the site plan shall be compatible with the natural environment and existing buildings and structures having a visual relationship with the site

      (2)   The elements of the site plan should promote energy conservation, and provide protection from adverse climatic conditions, noise and air pollution.

      (3)   Each element of the site plan shall effectively, efficiently and attractively serve its function. The elements shall be on a human scale, interrelated, and shall provide spatial variety and order.

      (4)   In commercial and industrial zones adjacent to State or Federal highways, and/or lying in County jurisdiction within urban growth boundaries, a coordinated circulation and access plan shall be submitted for the site and all properties in the immediate vicinity (no more than 1/4 mile to each site) to assure the public’s safety in entering or leaving the site, as well as when traveling through the area. This requirement may be waived by the planning staff if adequate access control and efficient and safe circulation can be obtained without the development and approval of a coordinated circulation and access plan.

      (7)   Pedestrian and vehicular circulation and parking. The location and number of points of access to the site, the interior circulation patterns, the separations between pedestrians and moving and parked vehicles, and arrangement of parking areas in relation to building and structures, shall be harmonious with proposed and neighboring buildings and structures.

      (9)   Buffering and screening. Areas, structures, and facilities for storage, machinery and equipment, services (mail, refuse, utility wires, and the like), loading and parking, and similar accessory areas and structures shall be designed, located, buffered, or screened to minimize adverse impact on the site, adjacent right-of-way and neighboring properties. All roof-mounted equipment visible from neighboring properties or adjacent right-of-way shall be screened with materials complimentary to the building design materials.

      (1)   Multi-family residential: 15% landscaping of the gross lot area required. All areas subject to the final site plan and not otherwise improved shall be landscaped.

      (2)   Community commercial and mixed use: 5% landscaping of the gross lot area required. All areas subject to the final site plan and not otherwise improved shall be landscaped.

      (3)   General commercial: 5% landscaping of the gross lot area required. All areas subject to the final site plan and not otherwise improved shall be landscaped. Screening by tall trees between highway commercial and adjacent residential zones, on side of highway commercial zone from highway to which it relates, such that the trees provide an attractive backdrop to elevated signage and adjacent residential uses.

      (4)   Light industrial: 5% landscaping of the gross lot area required. All areas subject to final site plan and not otherwise improved shall be landscaped.

      (5)   Institutional and public uses: 5% landscaping of the gross lot area required. All areas subject to the final site plan and not otherwise improved shall be landscaped.

      (6)   Landscape management: Natural vegetation is acceptable if maintained in a neat and fire safe manner.

      (7)   Other landscape areas: All areas utilized for subsurface sewage disposal land treatment, except for single-family residences are required to be landscaped and maintained.

      (1)   A parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least five feet in width.

      (2)   A landscaped strip separating a parking or loading area from a street shall contain:

         (a)   Street trees spaced as appropriate to the species, not to exceed 50 feet apart, on the average; and

         (b)   Low shrubs, not to reach a height greater than 3'0", spaced no more than eight feet apart, on the average; and

      (3)   Vegetative ground cover if required.

      (4)   Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area.

      (5)   The landscaping in a parking area shall have a width of not less than three feet.

      (1)   An increase in building separation, to afford improvement in light reception or air circulation or to afford greater fire resistance, based on building structural and fire flow requirements.

      (2)   Additional off-street parking or loading spaces, according to specific requirements for the type of development. These spaces are in addition to those required by §§ 155.673 and 155.674.

      (3)   Screening of the proposed use by a fence, or landscaping.

      (4)   Limitations on the size, location, intensity and number of exterior lights.

      (5)   Limitations on the number, and location of curb cuts.

      (6)   Improvement or enlargement of utilities serving the proposed use, where existing facilities will be burdened by the proposed use.

      (7)   Landscaping, or increases in landscaping requirements for the site.

      (8)   Limitations on the number and size of signs.

      (9)   Review of and adjustments in design for conformance with the historic architectural design theme.

      (10)   Any other limitations or conditions it considers necessary to achieve the purposes of this chapter and the Comprehensive Plan.

(Prior Code, §16.175.050) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)

   The following specific uses shall comply with the standards of the zone in which they are located and with the additional standards and conditions set forth in this section.

      (1)   Access from principal streets subject to city public works standards;

      (2)   Building and site design provisions, including landscaping, that will effectively screen neighboring uses from noise and glare;

      (3)   Subject to site plan review if the use is located in or adjacent to a residential district, all such uses shall be located with off-street parking screened from abutting residential property. If located in or adjacent to a residential district, design shall be of a type that conforms with the type of allowed residential use adjacent to it; and

      (4)   Parks greater than one acre in size shall include an appropriate amount of off-street parking, as determined by the land use authority.

      (1)   The maximum number of dwelling units permitted by the applicable zone shall be based on the total surface area measured horizontally within the lot lines of the lot. The maximum density may be increased as follows:

         (a)   If dedicated open space which is developed and landscaped equals 50% or more of the total area of the site, a maximum of 10% increase in the number of units may be granted;

         (b)   If in addition to open space as provided in division (C)(1)(a) above, a maintained playground area with approved equipment such as goal posts, swings, slides, and the like, is provided, the number of units permitted may be increased an additional 5%; and

         (c)   If in addition to open space and playgrounds as provided in divisions (C)(1)(a) and (C)(1)(b) above, an approved recreational community building is provided, an additional 10% increase of units may be granted.

      (2)   The maximum total increase in dwelling units made possible by development of open space, playgrounds and recreational facilities shall be 25% of the number of units otherwise allowed.

      (3)   In addition to the maximum density increases described above, a maximum of 20% increase in the number of units may be granted for projects that include at least 20% of the overall dwelling units in the development application as affordable housing units. In order to utilize this density increase, an applicant must demonstrate how the units are affordable. This may be through a Washington County or Oregon State program standard, a partnership with a nonprofit or other affordable housing entity, or demonstration that the project meets the affordable housing criteria identified in the city’s housing needs analysis (2017 HNA Exhibit 49 or equivalent standard in subsequent updates). Documentation of a deed restriction or other method of assurance of affordable status is required for granting of a density bonus.

      (4)   There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the complex.

      (5)   For a multi-family dwelling complex with five or more dwelling units, a minimum of at least 2,500 square feet plus 150 square feet per dwelling unit shall be provided for a recreational play area, group or community activities or common open space. Such area shall be improved with grass, plantings, surfaces, equipment or buildings suitable for recreational use. No play area is required if more than 70% of the open space area is preserved as open space and is improved and landscaped for recreational enjoyment.

      (6)   All roadways and parking areas shall be paved and roadways shall conform to city public works standards.

         (a)   A dwelling may have its primary entrance oriented to a yard other than the front or street yard where the only permitted access to the property is from a shared driveway or flag lot drive and orienting the dwelling entrance to the street is not practical due to the layout of the lot and driveway.

         (b)   Where there is no adjacent street to which a dwelling may be oriented, or it is not practical to orient a dwelling to an adjacent street due to lot layout, topographic, or other characteristics of the site or development plan, the dwelling may orient to a walkway, courtyard, open space, common area, amenity, lobby, or breezeway (i.e., for multiple-family buildings).

      (8)   Multi-family buildings should not have an overall horizontal distance exceeding 150 linear feet as measured from end wall to end wall.

      (9)   All multi-family structures shall be set back 20 feet from the property line of an abutting single-family residential lot or use unless approved otherwise by the Planning Commission.

      (11)   Vehicle and bicycle parking shall be provided consistent with the requirements of §§ 155.671 through 155.676.

         (a)   The city shall determine whether or not said land is, in fact, suitable for park purposes. Provided, further, that any such approval shall be subject to the condition that the City Council accept the deed dedicating such land.

         (b)   In the event there is no suitable park or recreation area or site in the proposed area to be developed or adjacent thereto, then the developer shall, in lieu of setting aside land, pay into a park acquisition and development fund a sum of money equal to the fair market value of the land that would have been donated under the above conditions.

         (a)   Common open spaces;

         (b)   Shared parking areas;

         (c)   Community buildings; and

         (d)   Sidewalks in public rights-of-way abutting the site.

         (a)   The maximum density of an RV park shall be 15 units per acre.

         (b)   The pad provided for each recreational vehicle shall be not less than 700 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, parking spaces for vehicles other than recreational vehicles and landscaped areas.

         (c)   Roadways shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or not less than 20 feet in width if parking is not permitted on the edge of the roadway and shall be paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each recreational vehicle space.

         (d)   A space provided for a recreational vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff or surface water. The part of the space which is not occupied by the recreational vehicle and not intended as an access way to the recreational vehicle or part of an outdoor patio need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud.

         (e)   A recreational vehicle space shall be provided with piped potable water and sewage disposal service. A recreational vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service, and proper back-flow prevention devices are installed per city public works standards.

         (f)   A recreational vehicle space shall be provided with electrical service.

         (g)   Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park and located in such number and of such capacity that there is no uncovered accumulation of trash at any time.

         (h)   No recreational vehicle shall remain in the park for more than three months in any six-month period.

         (i)   No recreational vehicle or any other camping unit shall be used as a permanent place of abode, dwelling, or business or for indefinite periods of time. Occupancy and/or placement extending beyond three months in any six months shall be presumed to be permanent occupancy. Any action toward removal of wheels of a recreational vehicle except for temporary purposes of repair is hereby prohibited. Camping units other than recreational vehicles shall be limited to 30 days in any 60 days.

         (j)   The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be equal to one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material.

         (k)   Entrance driveways shall be located not closer than 150 feet from the intersection of public streets.

         (l)   The park shall provide toilets, lavatories and showers for each sex as required by the State Building Agency Administrative Rules, Chapter 918. Such facilities shall be lighted at all times of night and day, shall be ventilated, and shall be provided with adequate floor drains to permit easy cleaning.

         (m)   Recreational vehicles or other camping units shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings, carports, or individual storage facilities hall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.

         (n)   The recreational vehicle park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs approved by the Planning Commission which will complement the landscape and assure compatibility with the adjacent environment.

         (o)   Each recreational vehicle park shall set aside along the perimeter of the recreational vehicle park a minimum ten-foot strip which shall be site obscuring landscaping and used for no other purpose. Additional area for landscaping may be required through the design review process.

      (1)   A Type II Design Review Land Use Permit is required for all STRs.

      (2)   Each STR operation must provide the name of a designated operator, who is a resident, person or entity that is designated by the property owner to manage the STR. The application shall include a name, local contact number and email for the operator in the event that there are questions or complaints.

      (3)   If the property is rented/leased, the operator must supply a copy of a rental/lease agreement valid for at least six months from the date of application, plus an original, signed letter from the property owner indicating the tenant (operator) has permission to use the property as a short-term rental.

      (4)   One guest room is permitted for every 400 square feet of gross finished floor living area. Total number of guest rooms may not exceed five. A structure with living area includes any structure on the lot lawfully used for residential purposes. The living area does not include: garages, utility shops, unfinished basements, storage sheds and other similar rooms/structures.

      (5)   No more than two non-resident employees are permitted on site. There is no limit on residential employees.

      (6)   Food service may be provided only to overnight guests.

      (7)   Property shall have the address number clearly marked and visible to guests from the street at all hours.

      (8)   One off-street parking space for each guest room is required, in addition to the off-street parking required for the primary use. On-street parking along the subject property frontage may not count toward the additional off-street parking requirements.

      (9)   All signage must conform to the standards in §§ 155.407 or 155.409.

      (10)   Non-residential structures, such as institutional buildings, warehouses, recreational vehicles, and churches are not eligible for an STR permit.

      (11)   Tents, RV/trailers, or other camping arrangements located outside a structure with living area are not eligible for an STR permit.

      (12)   The short-term rental structure shall be of residential character.

      (13)   An accurate and up-to-date guest register recording the name, address and dates of stay for each short-term lodging guest must be maintained and available for review within seven days of a written request by the city.

      (14)   Operator shall maintain compliance with the Building Code, Fire Code and standards of the state and local health departments as amended, including installation of smoke and carbon monoxide detectors.

      (15)   Operator will prominently post rental rules and regulations in the interior of the dwelling unit where they can be seen by guests.

      (16)   Operator agrees to allow city staff to inspect the structure with living area upon receipt of a short-term rental application and prior to STR permit issuance, and at any time after approval upon 24-hours written notice to the operator.

      (17)   Operator must obtain and maintain an annual City of North Plains business license or equivalent STR license.

      (18)   Operator, or hosting platform/booking agent/intermediary, will collect transient room tax and remit to Washington County.

      (19)   Approval of a SRT permit is specific to the operator at the subject site. Approvals are not transferrable to another operator or site. An STR permit is void upon operator relocation or sale of the property. A new owner/operator must apply for and receive a new STR permit to continue the use.

      (20)   STR permit issuance requires payment of all applicable fees and review by the city.

      (21)   In the event a property operates in violation of this article, the property owner shall be responsible for all applicable fines under the North Plains Municipal Code. Enforcement may include, but is not limited to, STR permit revocation, an order for guests to vacate the premises and cancellation of current and future reservations.

      (1)   A sight-obscuring fence or evergreen hedge may be required by the Planning Commission when they find such a fence or hedge or combination thereof is necessary to preserve the values of nearby properties or to protect the aesthetic character of the neighborhood or vicinity.

      (2)   In addition to the requirements of the applicable zone, the Planning Commission may further regulate the placement and design of signs and lights in order to preserve the values of nearby properties, to protect them from glare, noise, or other distractions or to protect the aesthetic character of the neighborhood or vicinity.

      (3)   In order to avoid unnecessary traffic congestion and hazards, the Planning Commission may limit access to the property.

      (1)   Adequacy of access from principal streets together with the probable effect of traffic volumes on adjoining and nearby streets; and

      (2)   Adequacy of building and site design provisions to maintain a reasonable minimum of noise and glare from the building and site.

      (1)   In a residential zone, all equipment storage on the site may be required to be within an enclosed building.

      (2)   The use may be required to be fenced and landscaped.

      (3)   The minimum lot size for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property.

      (4)   Transmission towers, posts, overhead wires, pumping stations, and similar installations shall be located, designed and installed to minimize conflicts with scenic values.

(Prior Code, § 16.175.055) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022; Ord. 487, passed 11-21-2022)

(Prior Code, §16.175.06) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 451, passed 6-4-2018; Ord. 477, passed 2-22-2022)