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.
(A) Medical clinics, clubs, lodges, community centers, golf courses, grounds and buildings for games or sports, country clubs, swimming clubs, tennis clubs, government structures and land uses, parks, playgrounds. The Planning Commission may authorize these uses if it determines that the following will be provided:
(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.
(B) Schools. All public and private schools shall have a minimum site size of 10,000 square feet, and provide and maintain at least 100 square feet of outdoor play area per child.
(C) Multi-family dwellings. A multi-family dwelling and a multi-family dwelling complex shall comply with the following provisions:
(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.
(7) Building orientation. Except as provided below, dwelling units shall orient toward a street, have a primary entrance opening toward the street, and be connected to the right-of-way with an approved walkway or residential front yard that provides direct, convenient and safe pedestrian access.
(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.
(10) Sidewalks. ADA-compliant sidewalks or pedestrian walkways shall be provided within the complex.
(12) Public park. The developer shall set aside and dedicate to the public for park and recreational purposes not less than 8% of the gross area of said development, if the land to be dedicated is suitable and adaptable for such purposes and is generally located in an area planned for parks.
(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.
(D) Cottage clusters. Where permitted, cottage cluster projects are subject to the following provisions:
(1) Unit size. The dwelling unit footprint of an individual cottage dwelling shall not exceed 1,200 square feet and the height shall not exceed 25 feet. Up to 400 square feet may be excluded from the calculation of dwelling unit footprint for an attached garage or carport. Detached garages, carports, or accessory structures shall not be included in the calculation of dwelling unit footprint.
(2) Number of units. A minimum of three cottage dwellings is required per cottage cluster. A maximum of eight cottage dwellings is permitted per cluster. More than one cottage cluster may be permitted as part of a cottage cluster project.
(3) Cottage orientation. Cottages shall be clustered around a common courtyard, meaning they abut the associated common courtyard or are directly connected to it by a pedestrian path. Alternative configurations may be approved by the Planning Commission.
(4) Community buildings. Cottage cluster projects may include one community building for the shared use of residents that provides space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. A community building shall meet the maximum 1,200 square foot footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.
(5) Pedestrian access. Accessible, hard-surfaced pedestrian pathways a minimum of four feet in width must be provided connecting the main entrance of each cottage to the following:
(a) Common open spaces;
(b) Shared parking areas;
(c) Community buildings; and
(d) Sidewalks in public rights-of-way abutting the site.
(6) Parking. Off-street parking shall be provided. Off-street parking shall be either adjacent to each individual unit or in parking areas. A minimum five foot wide landscape buffer is required between off-street parking areas serving multiple units and public streets or neighboring properties.
(7) Garages. Individual detached garages must not exceed 400 square feet in floor area. Garage doors of individual garages must not exceed 20 feet in width.
(8) Accessory structures. Accessory structures must not exceed 400 square feet in floor area.
(9) Existing structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single-family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area. The existing dwelling may be nonconforming with respect to the maximum building footprint and height standards. The existing dwelling may be expanded up to the maximum height of 25 feet or the maximum building footprint of 1,200 square feet; however, existing dwellings that exceed the maximum height and/or footprint may not be expanded.
(E) Recreational vehicle park. A recreational vehicle park shall conform to state standards in effect at the time of construction and the following provisions:
(1) Use standards. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park and campground are permitted as accessory uses to the park.
(2) Design standards.
(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.
(F) Short-term rental (STR). A short-term rental is any lodging arrangement on private property in a residential zone (R-7.5, R-5, R-2.5 or NC) with a duration of 30 days or less, for which monetary or other compensation is received. To be approved as a short-term rental, the owner or occupant must satisfy the following requirements:
(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.
(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.
(G) Commercial or industrial use or accessory use not wholly enclosed within a building, on a lot adjoining or across a street from a lot in a residential zone. These uses may be permitted conditionally subject to the following standards:
(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.
(H) Amusement enterprise. An amusement enterprise may be authorized after consideration of the following factors:
(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.
(I) Radio, television tower, utility station or substation.
(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)