The city of Dundee development code (“code”) is administered by the city administrator who acts as planning official, or by a planning official designated by the city administrator.

This code regulates land use and development within the city of Dundee, and is organized as follows:

DMC Division 17.100 describes the title, purpose, organization and general administration of the code. DMC Division 17.100 explains how the city interprets and enforces the code, and how the city will handle nonconforming situations.

DMC Division 17.200 sets forth the land uses allowed in the city’s zoning districts, and the lot and development standards for each use or zone, consistent with the city of Dundee comprehensive plan.

DMC Division 17.300 sets forth the city’s site development and land division standards related to street access; pedestrian and vehicle circulation; parking; landscaping, screening, fences and walls; outdoor lighting; transportation improvements; water, sanitary sewer, and storm drainage improvements; utility requirements; and signs.

DMC Division 17.400 sets forth the city’s land use application requirements and review procedures, including procedures for site development review, land divisions, property line adjustments, conditional use permits, zoning amendments, variances, and planned unit developments.

DMC Division 17.500 contains definitions and other exhibits that the city uses in interpreting and administering this code. [Ord. 521-2013 § 3 (Exh. A)].

The official name of this title is “the city of Dundee development code.” It may be referred to as “development code” and “code.” [Ord. 521-2013 § 3 (Exh. A)].

This code is enacted to:

A. Implement the goals and policies of the city of Dundee comprehensive plan;

B. Provide methods of administering and enforcing city land use standards and procedures, consistent with state requirements; and

C. Promote the public health, safety, and general welfare of the community. [Ord. 521-2013 § 3 (Exh. A)].

The use of all land, as well as the construction, reconstruction, enlargement, structural alteration, movement, use, or occupation of any structure within the city of Dundee shall conform to the requirements of this code. [Ord. 521-2013 § 3 (Exh. A)].

Should any section, clause, or provision of this code be declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the code as a whole or of the remaining sections. Each section, clause, and phrase is declared severable. [Ord. 521-2013 § 3 (Exh. A)].

A. Developments and uses for which city approvals were granted prior to the effective date of this code or subsequent amendment thereof may occur pursuant to such original approvals until the expiration of such approval. Modifications to those approvals shall be subject to the provisions of this code.

B. Per ORS 92.040(3), the provisions of this code in effect at the time of subdivision tentative plat approval shall apply to subsequent construction on the property for the five-year period following the preliminary plat approval date, unless a different period is specified in the amending ordinance or the applicant elects for the current code provisions to apply. [Ord. 521-2013 § 3 (Exh. A)].

Some terms or phrases within this code may have two or more reasonable meanings. This chapter provides a process for resolving differences in the interpretation of the code text. [Ord. 521-2013 § 3 (Exh. A)].

A. Except as otherwise provided herein or by law, the planning official shall be responsible for interpreting the provisions of this code.

B. The provisions of this code shall be interpreted as minimum requirements. When this code imposes a greater restriction than is required by other provisions of law, or by other regulations, resolutions, easements, covenants or agreements between parties, the provisions of this code shall control.

C. Where a certain provision of this code conflicts with another provision of this code, the more restrictive provision shall apply.

D. Where the provisions of this code are not clear, any party may request a formal interpretation of this code in accordance with the procedures in DMC 17.103.030.

E. The planning official may correct scrivener’s errors in the text of this code. [Ord. 521-2013 § 3 (Exh. A)].

A. Requests. Any party requesting a formal code interpretation shall make the request in writing to the planning official. The request shall be made on forms provided by the planning official, and shall be accompanied by a fee set by resolution of the city council.

B. Decision to Issue Interpretation. The planning official shall have the authority to review a request for an interpretation. The planning official shall advise the requester in writing within 14 days after the request is made on whether or not the city will issue the requested interpretation.

C. Declining Requests for Interpretations. The planning official is authorized to issue or decline to issue a requested interpretation. The basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The planning official’s decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal. If the planning official declines the request for interpretation, the planning official shall refund the unexpended portion of the application fee.

D. Written Interpretation. If the planning official decides to issue an interpretation, he or she shall issue it in writing and mail or deliver it to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the planning official advises the requester that an interpretation will be issued. The decision shall become effective 10 days later, unless an appeal is filed in accordance with subsection (E) of this section.

E. Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the planning commission within 10 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the planning official. The appeal shall be handled in the same manner as provided under DMC 17.401.030(D).

F. Interpretations on File. The planning official shall keep on file a record of all formal code interpretations. [Ord. 521-2013 § 3 (Exh. A)].

A. The purpose of this section is to provide for those uses not specifically listed in a particular zoning district but which are similar in character, scale and performance to the permitted uses specified therein.

B. The planning official, through a Type I procedure, may determine that a use not specifically listed among the allowed uses in a zone is permitted, permitted with special use standards, or allowed subject to approval of a conditional use permit based on all of the following criteria:

1. The use is consistent with the purpose of the underlying zoning district and is similar in character, scale and performance to permitted uses specified in the underlying district;

2. The use does not conflict with the standards and limitations of the underlying zoning district. The review body shall determine whether additional land use review, such as conditional use approval or a site plan review, is required;

3. The proposed use, by definition, is not limited to a different zone.

C. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of a similar use may appeal the interpretation to the planning commission within 10 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the planning official. The appeal shall be handled in the same manner as provided under DMC 17.401.030(D).

D. The determination by the planning official that a proposed similar use cannot be accommodated in a given zone does not preclude an application by the appropriate party for an amendment to the text of the comprehensive plan and/or development code. [Ord. 521-2013 § 3 (Exh. A)].

Within the zoning districts established by this code and amendments thereto, uses, developments, and lots exist which were lawful when established but which would be prohibited or restricted under the terms of this code. The general purpose of this chapter is to encourage the conversion of such nonconforming situations to conforming situations. However, this chapter allows nonconforming uses, developments, and lots to be continued, altered, restored or replaced within limits established herein and subject to satisfaction of the review criteria. Nothing contained in this chapter shall require any change in the plans, construction, or designated use of any structure for which a building permit was issued and actual construction commenced prior to the date of adoption of this chapter or any amendment thereto. [Ord. 521-2013 § 3 (Exh. A)].

A. DMC 17.104.030 applies to nonconforming uses (e.g., industrial use in residential zone);

B. DMC 17.104.040 applies to nonconforming developments (e.g., structure does not meet setback standard, or site does not comply with parking or landscaping standards);

C. DMC 17.104.050 applies to nonconforming lots (e.g., lot is smaller than minimum area required by code);

D. DMC 17.306.040 applies to nonconforming signs; and

E. DMC 17.303.060 applies to nonconforming exterior lighting. [Ord. 521-2013 § 3 (Exh. A)].

A legally established and continuing nonconforming use, such as an industrial use in a residential zone, may continue, subject to the following:

A. Location of Nonconforming Use. A nonconforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into conformance with this code.

B. Change of Nonconforming Use. A nonconforming use may not be changed to or replaced with a different nonconforming use. A change to or replacement with a use in the same land use category, such as a change from one type of manufacturing use to another, is allowed.

C. Expansion, Modification or Alteration. The planning commission may authorize expansion, modification, or alteration of nonconforming use, subject to the Type III review procedure. Notwithstanding the above provisions, alteration of any nonconforming use when necessary to comply with any lawful requirement for alteration of the use shall be permitted, subject to all other laws, ordinance and regulations.

D. Discontinuation or Abandonment of Nonconforming Use. A nonconforming use that is discontinued for any reason for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use; except as provided under subsection (E) of this section. The beginning date of discontinuance is determined by the first occurrence of any one of the following or any other action to discontinue the use:

1. The date when the use of land is physically vacated;

2. The date the use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods/stock, or office equipment, or the disconnection of telephone or utility service;

3. The date of termination of any lease or contract under which the nonconforming use has occupied the land;

4. The date a request for final reading of water or power meters is made to the applicable utility districts.

E. Extension of Nonconforming Use. A discontinued nonconforming use may continue beyond the time period established under subsection (D) of this section in either of the following situations:

1. The planning official may approve an extension of the time period above through a Type I procedure if the discontinuance was due to a physical casualty beyond the owner’s control, such as fire, flood, or natural disaster, and the nonconforming use is reestablished within 24 months of the first discontinuance.

2. The planning commission may approve an extension of the time periods above through a Type III procedure, following the criteria and procedures found in DMC 17.104.060, in which case the extension shall be limited to one 12-month period.

F. Application of Code Criteria and Standards to Abandoned Nonconforming Use. Once a nonconforming use is abandoned pursuant to subsection (D) of this section, any subsequent use of the subject lot shall conform to the current standards and criteria specified by this code. After the nonconforming use is abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership/management, and shall not be altered or replaced by another nonconforming use; any such activity is a violation of this code.

G. Uses that Now Require Conditional Use Permits. A continuing use that was legally established as a permitted use in the zone but that now only could be established with a conditional use permit is considered to be permitted as a conditional use under the terms of the original permit. [Ord. 521-2013 § 3 (Exh. A)].

Legally existing nonconforming development, such as development that does not meet current standards for height, setbacks, access, parking, landscaping, frontage improvements, or other requirements concerning the development, may remain on the site so long as it remains otherwise lawful, subject to the provisions below.

A. Maintenance. Nonconforming development may be maintained to remain in good condition, such as by painting, residing, resurfacing, or repairing or replacing worn material. Maintenance shall not include major structural alterations as determined by the city building official. Replacement of items is subject to the provisions of subsection (D) of this section.

B. Expansion of Structure Not Conforming to Front Yard Setback. When a nonconforming structure does not meet front yard setback requirements, the planning official may approve additions to that structure, provided:

1. The addition has a front yard setback equal to or exceeding the front yard setback of the existing nonconforming structure;

2. The addition conforms to all other provisions of this code; and

3. The addition is not greater than 40 percent of the square footage on the ground level of the existing structure.

C. Other Expansion, Modification and Alteration. The planning commission may authorize alteration of nonconforming development, subject to the Type III review procedure and the criteria and procedures in DMC 17.104.060.

D. Destruction or Removal.

1. The planning official shall authorize restoration or replacement of a nonconforming building when restoration or replacement is made necessary due to circumstances beyond the owner’s control, such as fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within 12 months of the damage or destruction. The planning commission may approve an extension for an additional 12 months using the procedures in DMC 17.104.060.

2. Nonconforming development, when otherwise destroyed or removed, may not be replaced except in conformance with this code.

3. A nonconforming development, upon being moved for any reason and by any distance, shall thereafter conform to the regulations of this code.

E. Improvements on Lots Containing Nonconforming Development.

1. Improvements on lots containing nonconforming development where the proposed increase in floor area equals or exceeds the existing floor area or the value of the improvements proposed by the applicant equals or exceeds the value of existing improvements on site (i.e., the applicant’s proposed improvements will double or more than double the existing floor area or improvement value on the site) shall bring all existing development on site into conformance with current development standards.

2. Improvements on lots containing nonconforming development where the proposed increase in floor area is less than the existing floor area and the value of the improvements proposed by the applicant is less than the value of existing improvements on site shall bring existing development on site into conformance with current development standards; however, the developer is not required to correct nonconformities beyond a cost that would exceed roughly 25 percent of the cost of the improvements proposed by the applicant.

3. Additional guidance on how design standards in DMC 17.202.060 apply to existing nonconforming development is included in that section.

4. Applications to exceed the limits above may be considered by the planning commission, subject to the Type III review procedure and the criteria and procedures in DMC 17.104.060.

F. Land Divisions or Property Line Adjustments on Lots Containing Nonconforming Development. Land divisions and property line adjustments may be approved on lots containing nonconforming development without change to the development, provided the land division or adjustment does not increase the nonconformity. This provision does not alleviate requirements for improvements, such as frontage improvements, driveway relocations, utility installation, or other improvements necessitated by the land division or adjustment. [Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Development on Nonconforming Lots. Development otherwise permitted in the zone may occur on a lot that is nonconforming due to substandard lot size, lot width, lot frontage, or other dimensional standards subject to all other standards of this code, including setbacks and access, unless otherwise approved through a variance.

B. Residential Development on Undersized Lots. Where a nonconforming lot is less than the minimum lot size but at least 3,000 square feet and a single-family dwelling otherwise would be permitted on the lot, the single-family dwelling will be permitted. If the nonconforming lot is less than 3,000 square feet, a single-family dwelling only may be considered by the planning commission, subject to the Type III review procedure and the criteria and procedures in DMC 17.104.060.

C. Modifications to Nonconforming Lots. Adjustment or division on nonconforming lots is subject to the requirements of Chapter 17.403 DMC. [Ord. 521-2013 § 3 (Exh. A)].

A. Applicability. This section applies to areas where planning commission review of a nonconforming situation is allowed or required using a Type III process, including:

1. Expansion, modification, or alteration of a nonconforming use (DMC 17.104.030(C)).

2. Extension of a discontinued nonconforming use (DMC 17.104.030(E)(2)).

3. Expansion, modification, or alteration of a nonconforming development (DMC 17.104.040(C)).

4. Improvements on lots containing nonconforming development exceeding limits (DMC 17.104.040(E)(3)).

5. Allowance for residential development on undersized lots (DMC 17.104.050(B)).

B. Criteria. The planning commission may approve an application for review of a nonconforming situation upon finding all the following criteria are met:

1. The proposal provides a reasonable continuance of the nonconforming situation considering the time frame of establishment, discontinuance, and level and intensity of use.

2. The proposal or reasonable alternate cannot reasonably or practically bring the nonconforming situation into conformance with current code.

3. The proposal brings the nonconforming situation into conformity to the extent practical.

4. If the proposal involves an expansion, modification, or alteration of nonconforming use or development, then the expansion, modification, or alteration has no greater adverse impact on the neighborhood than the existing nonconforming use or development with regard to noise, traffic, parking, air quality, impact on public facilities or similar impacts.

C. Conditions of Approval. In reviewing a nonconforming situation, the planning commission may impose such conditions as it deems appropriate to ensure that the intent of this chapter is carried out. Such conditions shall be reasonably related to the criteria set forth in this chapter. [Ord. 521-2013 § 3 (Exh. A)].

Upon failure to comply with any provision of this code, or with any restrictions or conditions imposed hereunder, the city administrator may withhold any further permits and may withhold or withdraw city utility services until correction is made. Notwithstanding any such action taken by the city administrator, any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this code shall be subject to civil penalties of no more than $250.00 for each offense. Each day that a violation exists shall constitute a separate offense. [Ord. 521-2013 § 3 (Exh. A)].