Every parcel, lot, and tract of land within the city of Dundee is designated with a zoning district. The use of land is limited to the uses allowed by the applicable zoning district. Zoning designations shall be as depicted on the city of Dundee zoning map, which shall be consistent with the city of Dundee comprehensive plan. The planning official maintains official copies of the zoning map and comprehensive plan. Where a conflict between documents arises, the comprehensive plan shall govern. [Ord. 521-2013 § 3 (Exh. A)].

Where due to the scale, lack of scale, lack of detail or illegibility of the zoning map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of a zoning boundary line, the boundary line shall be determined by the planning official or, upon referral, the planning commission, in accordance with all of the following criteria:

A. Rights-of-Way. Boundaries that approximately follow the centerlines of streets, highways, alleys, bridges, or other rights-of-way shall be construed to follow such centerlines. Where the right-of-way is not shown as zoned, the zoning of the abutting property shall extend to the centerline. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning designation that is applicable to lands abutting the vacated areas. In cases where the right-of-way formerly served as a zoning boundary, the vacated lands within the former right-of-way shall be allocated to the zones in the same manner as the vacated lands are apportioned to the abutting lands;

B. Parcel, Lot, Tract. Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries;

C. Jurisdiction Boundary. Boundaries indicated as approximately following a city or county boundary, or the urban growth boundary, shall be construed as following said boundary; and

D. Natural Features. Boundaries indicated as approximately following a river, stream, topographic contour or other changeable natural feature not corresponding to any feature listed in subsections (A) through (C) of this section shall be construed as following such feature. [Ord. 521-2013 § 3 (Exh. A)].

All real property in Dundee is subject to the zoning regulations of this chapter. Certain types of land uses are also subject to the special use regulations in Chapter 17.203 DMC. Some properties are also subject to the overlay zone regulations of Chapter 17.204 DMC.

A. Agricultural Zone (A). The A zone encourages the continuation of productive farmland within the city.

B. Exclusive Farm Use (EFU). The EFU zone provides for the continued practice of agriculture while providing for new uses that are compatible with agricultural activities.

C. Single-Family Residential Zone (R-1). The R-1 zone preserves existing single-family residential areas and provides for future single-family residential, duplex and accessory dwelling unit housing opportunities at target densities between three and one-half and four units per acre. The R-1 zone is consistent with the low density residential comprehensive plan designation.

D. Single-Family Residential Zone (R-2). The R-2 zone provides for a mixture of single-family, duplex, and accessory dwelling unit housing at target densities between four and 4.7 units per acre. The R-2 zone is consistent with the low density residential comprehensive plan designation.

E. Medium Density Residential Zone (R-3). The R-3 zone provides for a mixture of attached and detached housing, duplex, and accessory dwelling unit housing at target densities of up to 10 units per acre. The R-3 zone is consistent with the medium density residential comprehensive plan designation.

F. Community Commercial Zone (C). The C zone provides for a wide range of community-serving businesses, including retail, office and service uses. The C zone is intended to encourage commercial and mixed use development that is convenient and accessible by all modes and to create a commercial area that is attractive and functional for customers, businesses, and the community at large. Landscaping is a key component of site design in the C zone, to provide buffering of adjacent residential and light industrial uses, to create an attractive streetscape, and to provide environmental benefits.

G. Central Business District (CBD). The CBD zone is intended to promote development of a downtown business and retail area for Dundee that serves the commercial shopping and service needs of both area residents and visitors. The CBD zone is intended to promote pedestrian-oriented development in order to encourage a walkable and attractive downtown. The CBD zone is also intended to allow for mixed use development that retains an overall storefront character on the ground floor.

H. Light Industrial Zone (LI). The LI zone provides for the grouping together of warehousing, manufacturing, and other light industrial uses, which because of their usual operating characteristics could be permitted to operate in close proximity to commercial or residential uses.

I. Public Zone (P). The P zone provides for public and semi-public uses, where such uses do not unreasonably disrupt or alter other areas of the community.

J. Parks and Open Space Zone (PO). The PO zone provides for the use, protection, preservation, conservation, development and enhancement of parks, natural areas, and greenways in a manner that meets community and visitor needs for a wide range of passive and active recreational uses, consistent with the Dundee parks and open space plan. [Ord. 591-2025 § 2 (Exh. A § 4); Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

Table 17.202.020 lists the uses that are allowed by each of the city’s base zones. Where a specific use is not listed, and is not otherwise defined in DMC Division 17.500 as an example of a permitted use, the city may find the use is allowed or not allowed in the subject zone, pursuant to DMC 17.103.040.

Notwithstanding the provisions below, additional limitations may apply to uses within overlay zones. For requirements applicable to the city’s overlay zones – flood plain overlay, greenway management overlay, and riparian corridor overlay – please refer to Chapter 17.204 DMC.

Property owners are responsible for verifying whether a specific development is allowed on a particular site. Approval of a Type I checklist or site development review under Chapter 17.402 DMC may be required prior to commencing a use.

Table 17.202.020 is organized as follows:

A. Residential uses.

B. Public and institutional uses.

C. Commercial uses.

D. Industrial and mixed employment uses.

E. Agricultural and natural resource uses.

F. Accessory uses.

G. Temporary uses.

Legend for Table 17.202.020:

P: Permitted use

CU: Conditional use

S: Special use requirements apply

N: Use is not permitted

* Transportation uses in the EFU zone shall be regulated pursuant to OAR 660-033 and ORS 215.213 and 215.283.

[Ord. 591-2025 § 2 (Exh. A § 5); Ord. 588-2024 § 1 (Exh. A); Ord. 586-2024 § 1 (Exh. A); Ord. 572-2021 § 1 (Exh. B); Ord. 565-2018 § 1 (Exh. A); Ord. 563-2018 § 1 (Exh. A); Ord. 545-2016 § 1; Ord. 542-2015 § 3 (Exh. B); Ord. 539-2015 § 1; Ord. 537-2014 § 1; Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

Table 17.202.030 lists the general lot and development standards for each of the city’s base zones. Specific development standards for access, parking, landscaping, and public improvements, among others, are located in DMC Division 17.300.

Notwithstanding the provisions below, additional standards may apply in specific locations, such as at street intersections, within overlay zones, adjacent to natural features, and other areas as may be regulated by this code or subject to state or federal requirements. For requirements applicable to the city’s overlay zones – flood plain overlay, greenway management overlay, and riparian corridor overlay – please refer to Chapter 17.204 DMC.

Table 17.202.030 is organized as follows:

A. Minimum lot area.

B. Yard setback requirements.

C. Maximum structure height.

D. Minimum lot dimensions.

E. Maximum lot coverage.

*    Code reviser’s note: Ordinance 547-2016 amends the setback to be 10 feet from property lines adjacent to a street. See DMC 17.202.070(C).

[Ord. 591-2025 § 2 (Exh. A § 6); Ord. 586-2024 § 1 (Exh. A); Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Yards Apply Only to One Building. No required yard or other open space or required driveway provided around or for any building or structure for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building, nor shall any yard or other required space on an adjoining lot be considered as providing a yard or open space on the lot whereon the building is to be erected.

B. General Exception to Building Height Limitations. Projections such as chimneys, spires, domes, elevator shaft housing, towers, aerials, flagpoles, and other similar objects not used for human occupancy are not subject to the building height limitations of the underlying zone.

C. Building Height Exception for Public and Institutional Uses. Buildings for public and institutional uses, as shown in Table 17.202.020, may be constructed to a height that exceeds the maximum building height in the zone, provided the required yards are increased one foot for each one foot of additional building height above the height regulation for the zone.

D. Protection of Solar Access. The use of active or passive solar energy systems including solar collectors, storage facilities, and distribution components for space heating and cooling and domestic water heating is a permitted use within all zones, whether as a part of a structure or incidental to a group of structures nearby.

1. Solar collectors and the equipment used for the mounting and operation of such collectors, where necessary, may be elevated above the 30-foot height limitation in residential zones. However, elevation of solar collectors shall not restrict solar access to adjacent properties.

2. Chimneys, communication transmission towers, television, radio masts, or landscaping shall not significantly restrict or impair solar access to buildings or solar collector locations.

E. Setbacks after Public Dedications. Setback standards of this code do not apply to structures lawfully existing prior to a public dedication whose setback is reduced by the public dedication. Additions to such structures shall be allowed subject to DMC 17.104.040(B) and other applicable provisions of this code.

F. Miscellaneous Exceptions to Setback Requirements. Setback limitations stipulated elsewhere in this code may be modified as follows:

1. Bus Shelters. Bus shelters, which are intended for use by the general public and are under the ownership and/or control of a city, county, state or municipal corporation, shall be exempt from setback requirements.

2. Projecting Building Features. Any feature attached to a roof or exterior wall of a building, such as an eave, gutter, balcony, exterior stairway, chimney or air conditioning unit, may project up to four feet into a required yard, provided building code requirements are met.

3. Accessory Structures Six Feet High or Less. Any accessory structure or projecting building feature, including mechanical equipment to serve a building, less than six feet in total height, as measured at the property line, may be located in side or rear yard. Height includes the height of any railing, porch, deck, or patio. The structure or feature shall not be located to conflict with requirements for landscaping, screening and buffering.

4. Accessory structures over six feet high, including porches and decks, may be located in a required yard only where specifically allowed and meeting the conditions in Table 17.202.030.

5. Flag lots are exempt from maximum setback standards in Table 17.202.030.

G. Zero Side Yard Dwelling Units (Townhouse). Zero side yard dwelling units (townhouse dwelling units) shall meet the following use and development standards:

1. Location. Zero side yard dwelling units are permitted where shown in Table 17.202.020.

2. Number of Attached Units. No more than six townhouse dwelling units, each on a lot held in separate ownership, may be attached in the R-3 zone.

3. Front yards, either primary or secondary, may not be used as zero yards.

4. Side Yards. Each zero side yard dwelling unit shall be built to at least one side lot line. The side yard setback opposite the zero side yard shall be twice the minimum side yard setback in the applicable zone. This does not apply to townhouse dwellings that have both side yards as zero yards.

5. Maintenance Easement. As a condition of issuance of a permit for any building having an exterior wall contiguous to a property, the applicant shall furnish an easement from the owner of the property adjacent to said wall providing for ingress, egress, and use of such adjacent property for the purpose of maintaining, repairing, and replacing the building. In the case of common wall development, the easement shall allow maintenance of the shared wall. Said easement shall be appurtenant to the property on which the building is located and shall be approved as to form by the city recorder and shall be recorded with the county prior to issuance of the permit. [Ord. 591-2025 § 2 (Exh. A § 7); Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. General Standards.

1. Fences and walls shall not be constructed of nor contain any material that could cause bodily harm, such as barbed wire, broken glass, spikes, electric or any other hazardous or dangerous materials; this includes link fencing with barbed ends at the top or sides; except that fences topped with barbed wire are allowed in agricultural and public zones.

2. Electric fences and barbed wire fences in agricultural zones intended to contain or restrict cattle, sheep, horses or other livestock, and lawfully existing prior to annexation to the city, may remain.

3. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair including noticeable leaning, missing sections, broken supports, nonuniform height, and uncontrolled growth of vegetation.

4. Fences shall comply with requirements of the clear vision area for streets and driveways.

5. In no instance shall a fence extend beyond the property line.

6. In the C and CBD zones, chain link fencing may not be used between a public street and a maximum setback line, with the following exceptions:

a. In the C zone, black fused and bonded vinyl coated chain link fencing may be used, subject to subsection (B) of this section.

b. In the CBD zone, black fused and bonded vinyl coated chain link fencing may be used if screened from view from the street by a sight-obscuring hedge of equal height, subject to subsection (B) of this section.

7. In the LI zone, fences taller than six feet in height shall not be chain link. Fences over six feet in height shall be screened by a sight obscuring hedge.

B. Fence Heights.

1. Fences in residential zones shall not exceed four feet in height in the required primary front yard setback, and six feet in height within secondary front, side or rear yard setback.

2. Fences and walls in the C and CBD zones shall not exceed four feet in height between a public street and the maximum front yard setback line (per DMC 17.202.030(B)) and six feet in height within a side or rear yard setback.

3. Fences in interior yards more than six feet in height shall meet the setback requirements in Table 17.202.030 for an accessory structure.

4. The fence height limits above include the height of soil berms under the fence or acting as a fence.

5. Vertical structural members such as posts or columns that are not wider than two feet and that are spaced not closer than eight feet (other than when located on either side of a gate or portal) and ornamental features on top of the posts or columns shall not be used in determining height.

6. If a variance has been granted to the fence height restriction, a building permit may be required prior to construction.

7. In the LI zone, fences shall not exceed eight feet tall, except where used for outdoor storage areas that are not adjacent to a public right-of-way. [Ord. 547-2016 § 1; Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

The following standards apply to all development in the C and CBD zones that is subject to land use approval, except that modification or expansion of an existing residential use allowed pursuant to DMC 17.203.190 is exempt from this section.

A. Maximum Building Setbacks. The maximum building setbacks are stated in Table 17.202.030.

1. Applicability. The setback standards apply to all buildings and structures on the site except as specified in this section or elsewhere in this code. Maximum setback standards of this subsection (A) apply only to buildings that are enclosed on all sides and do not apply to detached accessory structures. The street-facing facades of detached accessory structures do not count towards meeting maximum setback standards. These standards do not apply to flag lots.

2. Standards. There are two standards, as specified below:

a. In the C zone, at least 50 percent of the length of the ground level street-facing facade of the building must be within the maximum setback;

b. In the CBD zone, 80 percent of the length of the ground level street-facing facade of the building must be within the maximum setback.

3. Measurement.

a. Maximum setback is measured to an exterior building wall. Projecting building features, including those described in DMC 17.202.040(F) as well as awnings and bay windows, may not be used to satisfy maximum setback requirements.

b. Where there is more than one building on the site, the standards of this subsection (A) apply to the combined ground level, street-facing facades of all of the buildings. See Figure 1.

c. Where an existing building is being altered or new buildings are being added to a site with an existing building, the standards apply to the ground level, street-facing facade of the entire site. Additions that do not increase the length of ground-level, street-facing facade are not subject to these standards. See Figure 2 and Figure 3.

4. Sites with Multiple Frontages.

a. Sites on corner lots shall meet the applicable standard above for the primary street frontage of their choosing. On the secondary street frontage, the maximum setback is adjusted to 30 feet for the CBD zone and 40 feet for the C zone. Building frontages used to meet the setback requirements on either the primary or secondary street frontage are considered “street walls” for purposes of this code (see Figure 4).

b. Through lots shall meet the applicable standard on the street frontage of the street with the higher functional classification as designated in the City of Dundee Transportation System Plan. Where both streets have the same functional classification, the applicant may choose the street frontage on which to meet the applicable standard; the reverse frontage is exempt from these standards (see Figure 4).

5. Relationship to Other Standards. That portion of the ground level street-facing building facade that meets the standards in subsection (A)(2) of this section shall be referred to as the “street wall” throughout this section and this code.

B. Parking Location. In order to encourage pedestrian-friendly commercial development, and to prevent vehicle parking from dominating the streetscape, the location of parking areas and areas for vehicle circulation on a site are limited.

1. Applicability. The standards of this subsection (B) apply to parking areas, loading areas, drive-through lanes, driveways, and all other areas devoted to vehicle storage and circulation, except as specified in subsection (B)(4) of this section.

2. Standards.

a. Parking and vehicle circulation areas shall not be allowed between a street wall and a street (see Figure 5).

b. In the CBD zone, in addition to meeting the standard above, sites with 100 feet or more of frontage on any single street shall have parking and vehicle circulation areas abutting no more than 50 percent of the total street frontage along that street.

3. Sites with Multiple Frontages.

a. Sites on corner lots shall meet the standards above for both street frontages (see Figure 4).

b. Through lots shall meet the applicable standard on the street frontage of the street with the higher functional classification as designated in the City of Dundee Transportation System Plan. Where both streets have the same functional classification, the applicant may choose the street frontage on which to meet the applicable standard; the reverse frontage is exempt from these standards (see Figure 4).

4. Exceptions.

a. In the C zone, drive-through lanes may be located between the street wall and the street if the applicant can demonstrate that it is not feasible to configure the site in any other way. The standards in DMC 17.203.070(B) shall apply.

b. Driveways accessing the site may be located between the street wall and the street if the city engineer or ODOT finds that access spacing standards and/or safety considerations require such a configuration.

c. Improvements on lots that do not conform with this subsection (B) shall, to the extent feasible, reduce the area dedicated to parking and vehicular circulation between the building and the right-of-way.

C. Front Setback Landscaping. In order to enhance pedestrian comfort, development in the C and CBD zones shall be required to provide landscaping and/or pedestrian amenities within front setback areas between the building and the street.

1. Applicability. The standards of this subsection (C) apply to front setback areas, including both the required front yard and any additional setback between the front lot line and the street wall. Where this setback area includes a landscape strip required to screen a parking lot, the standards of DMC 17.302.060(C) shall be met in addition to the standards of this section. (See Figure 5.)

2. Standards. Front setback areas in the C and CBD zones shall be landscaped to include a mix of plants and pedestrian amenities as follows:

a. In the CBD zone, front setback areas may be used for outdoor seating, pedestrian plazas, benches, walkways, outdoor display of merchandise during business hours (subject to DMC 17.203.140), sculptures, fountains, patios/decks, planter boxes, stormwater management features such as rain gardens and bioswales, tree wells, and/or other plant materials. At least 50 percent of the front setback between the front lot line and a street wall must be hard-surfaced with material other than asphalt and intended for usage by pedestrians and/or customers.

b. In the CBD zone, hedges in excess of four feet in height planted within front setback areas shall be limited to 50 percent of the width of the street frontage on each abutting street (there is no limitation on hedges four feet in height or less).

c. In the C zone, front setback areas shall be landscaped predominately with plant materials. Pedestrian walkways, benches, outdoor seating, and other features listed above for the CBD zone may be incorporated within front setback areas, but are not required. Plant materials within the front setback area shall include one or more varieties of shrubs, bushes, or trees and one or more varieties of perennial flowers. The remaining area shall be planted with grass or living ground cover to assure 80 percent coverage within two years.

3. Sites with Multiple Frontages.

a. Sites on corner lots shall meet the standards above for both street frontages (see Figure 4).

b. Through lots shall meet the applicable standard on the street frontage of the street with the higher functional classification as designated in the City of Dundee Transportation System Plan. Where both streets have the same functional classification, the applicant may choose the street frontage on which to meet the applicable standard; the reverse frontage is exempt from these standards (see Figure 4).

4. Exceptions. Improvements on lots that do not conform with this subsection (C) shall provide additional landscaping in the front setback area to bring the site as close to compliance with the standard as is feasible without removing required parking, existing structures, driveways, or other necessary site components.

D. Entrances. In order to provide for safe and convenient pedestrian access to businesses, entrances that face or connect directly to the street are required in the commercial zones.

1. Applicability. The standards of this subsection (D) apply to all buildings except for accessory structures.

2. Standards. There are two standards, as specified below:

a. In the C zone, the primary building entrance for all buildings on the site shall face towards or within 90 degrees of the street and shall be as close as is practical to the street.

b. In the CBD zone, all buildings shall provide an entrance facing the street, and the primary building entrance for all buildings on site shall be either facing the street or be oriented towards an internal pedestrian plaza with a direct walkway to the street. Buildings less than 1,000 square feet in floor area and that were constructed prior to January 1, 2015, shall comply with the standards in the C zone above provided windows are at least 50 percent of the ground level area of the street wall.

3. Sites with Multiple Frontages.

a. On sites with frontage on Highway 99W, the street referenced by the regulations of this section shall be Highway 99W.

b. Sites with frontage on two local streets shall meet the standard above for one of the streets.

c. As required by DMC 17.301.030(C)(2), safe, reasonably direct and convenient connections shall be provided between the primary building entrance and all abutting public rights-of-way.

4. Exceptions. Improvements on lots that do not conform with this subsection (D) shall improve compliance to the extent feasible as follows:

a. Improvements to buildings subject to DMC 17.104.040(E)(1) that do not meet the standards in subsection (D)(2) of this section shall, at a minimum, provide a building entrance that faces towards the street or within 90 degrees of the street and is as close as practical to the street.

b. Where subject to DMC 17.104.040(E)(2), additions to buildings that do not meet the standards in subsection (D)(2) of this section shall include an entrance that faces towards the street or within 90 degrees of the street and is as close as practical to the street.

E. Ground Floor Windows. On the ground level of buildings in the commercial zones, blank walls are limited and windows are required in order to provide an interesting and inviting pedestrian environment that encourages pedestrian activity and to enhance pedestrian safety through greater visibility of the sidewalk from the interior of buildings.

1. Applicability. The standards of this subsection (E) shall apply to all new street walls. Exterior remodels of existing nonconforming buildings shall improve compliance with these standards where possible, and at a minimum shall not increase nonconformance.

2. Standards. There are two standards, as specified below. In the CBD zone, all street walls shall meet standard 1, except as specified in subsection (E)(3) of this section. In the C zone, all street walls shall meet standard 2.

a. Standard 1: Windows must be at least 50 percent of the ground-level area of the street wall.

b. Standard 2: Windows must be at least 30 percent of the ground-level area of the street wall.

3. Exceptions. Sites in the CBD zone with more than one frontage shall meet the standards as follows:

a. Sites with 50 feet or more of frontage on Highway 99W shall meet standard 1 on applicable facades facing Highway 99W. On other frontages, standard 2 shall apply.

b. Sites that do not have 50 feet or more of frontage on Highway 99W shall meet standard 1 on the longer street frontage. Where frontages are of equal length, the applicant may choose on which frontage to meet standard 1. On other frontages, standard 2 shall apply.

4. Qualifying Window Features. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows set into the wall. Display cases attached to the outside wall do not qualify. The bottom of the windows must be no more than three feet above the adjacent exterior grade.

5. Measurement. The ground level area of the street wall is measured from three feet above finished grade up to nine feet above the finished grade (see Figure 7).

F. Facade Articulation. In order to reduce the scale of large buildings and add visual interest and to encourage architectural design that contributes to the pedestrian environment, street walls shall include articulation features to break up long facades as set forth in this section.

1. Applicability. The standards of this subsection (F) shall apply to all new street walls. Exterior remodels of existing nonconforming buildings shall improve compliance with these standards where possible, and at a minimum shall not increase nonconformance.

2. Standards. There are two standards, as specified below. In the CBD zone, all street walls shall meet standard 1, except as specified in subsection (F)(3) of this section. In the C zone, all street walls shall meet standard 2.

a. Standard 1: All street walls over 40 feet in length shall include at least two of the articulation methods listed in this section every 40 feet.

b. Standard 2: All street walls over 60 feet in length shall include at least two of the articulation methods listed in this section every 60 feet in length.

3. Qualifying Articulation Methods. The following methods may be used to provide facade articulation to meet the standards of this section:

a. Groupings of windows and/or entries separated by other elements, such as building columns or vertical piers (see Figure 9).

b. Change of roofline of at least four feet or 20 percent of the height of the wall (from finished grade to highest point of the roof), whichever is greater; or use of gabled rooflines with a minimum slope of 5:12 (see Figure 10).

c. Change in building material or siding style (see Figure 11).

d. Change in building plane of over one foot (see Figure 12).

e. Other methods that meet the intent of the standard, subject to Type III review pursuant to DMC 17.401.040.

G. Architectural Features Design Matrix. In order to encourage pedestrian-oriented and sustainable design while allowing flexibility on architectural style, development in commercial zones shall provide a combination of design features to meet the standards set forth in this section.

1. Applicability. The standards of subsection (D) of this section shall apply to all new buildings, additions, and exterior renovations within the C and CBD zones. Improvements on lots containing nonconforming development are subject to DMC 17.104.040(E).

2. Standards. Compliance with the requirement to provide a suitable combination of building design features in each zone shall be determined based on the standards below and Table 17.202.060. Table 17.202.060 identifies the menu of design criteria and the points earned for varying degrees of compliance with each criterion. The number of points awarded for a given criterion shall be the greatest number of points for which the proposal fully meets the threshold(s) specified; proposals that fall between two thresholds shall be awarded the lower number of points. There are two standards for the minimum total number of points that must be earned, as specified below. In addition, minimum numbers of points must be earned in each of the categories (building design features, site design features, and sustainable design features). The minimum number of points by category for each zone is listed in Table 17.202.060.

a. In the CBD zone, the minimum total number of points is 14.

b. In the C zone, the minimum total number of points is eight.

Total possible points: 36 in CBD zone, 38 in C zone.

3. Exceptions.

a. Additional points may be approved for features not listed that meet the intent of the standards, subject to Type III review pursuant to DMC 17.401.040.

b. Improvements on lots that do not conform with this subsection (G) shall design improvements to earn as many points as is practical, until the required minimums are achieved for the site as a whole.

H. Siding Materials. In order to promote quality, lasting construction and design, the following materials are prohibited for exterior siding on buildings other than accessory structures in the commercial zones: vinyl; T1-11 or other sheet plywood or pressboard. [Ord. 562-2018 § 1 (Exh. A); Ord. 534-2014 § 1 (Exh. A)].

The following standards apply to all development in the LI zone that is subject to site design review per Chapter 17.402 DMC.

A. Building Design. The intent of these standards is to create attractive employment areas within Dundee.

1. Architectural variation shall be provided for any wall facing a public street in order to break up the building mass. All walls facing a public street must have at least two of the following features; each feature must comprise at least 10 percent of the wall area.

a. Contrasting building colors;

b. Contrasting wall textures;

c. Changes in building materials;

d. Any of the following architectural features: awnings; columns; windows; arches; decorative relief, at least one inch in depth; pitched roof; other, as approved by the planning official.

2. Walls facing a public street must be constructed of one or more of the following building materials:

a. Brick or masonry;

b. Concrete or concrete block;

c. Wood or wood composite;

d. Architectural metal, provided the metal does not comprise more than 70 percent of the building wall facing the public street;

e. Stucco;

f. Other, as approved by the planning official.

3. The main building entrance shall face a public street.

B. Loading Areas, Outdoor Storage, and Trash Enclosures.

1. Areas used for trash collection or compaction, parking of trucks or trailers, and loading areas shall be located to the rear or side of the main building, to minimize the view of these areas from the public street. Where it is not possible to locate these facilities on a non-street building side, these facilities shall be screened from public view by landscaping or an opaque fence.

a. The planning official may approve a loading area adjacent to the public right-of-way where loading operations are:

i. Short in duration (i.e., less than one hour);

ii. Infrequent (i.e., less than three per day);

iii. Would not obstruct traffic during peak traffic hours (morning and evening);

iv. Would not interfere with emergency response services or pedestrian facilities.

2. Areas used for outdoor storage shall not be located between a front building wall and a public street. Front building walls are defined as being where the main entrance to the building is located. Outdoor storage areas must be screened by an opaque fence or wall.

3. Where a trash enclosure is required, the enclosure shall be composed of an opaque fence or freestanding masonry wall, with a gate. Gates need not be entirely opaque, but must include some elements to help screen the contents of the enclosure from view.

C. Setbacks. Buildings within the industrial zone must be set back a minimum of 10 feet from property lines adjacent to a public street, including when separated by a public street from a residential zone, and 20 feet from property lines adjacent to a residential zone. The area within the required setback adjacent to a public street must be entirely landscaped.

D. Landscaping. Landscaping shall be used to create an attractive streetscape along property frontages. Landscaping within the front setback, between a building and the public street, shall include trees and a mix of shrubs, living groundcover, other appropriate plants, and grass, and may also include benches, sculptures, and stormwater management features such as rain gardens and bioswales. Landscaping used to meet the 10 percent requirement shall be visible from the public right-of-way.

E. Walkway. A walkway shall be provided from the main building entrance to the nearest public sidewalk. The walkway shall be a minimum of five feet wide, and clearly delineated by the use of striping or contrasting paving materials, such as concrete or pavers. The walkway must be ADA compliant. [Ord. 565-2018 § 1 (Exh. A); Ord. 547-2016 § 1].

Special uses included in this chapter are uses which, due to their effect on surrounding properties, must be developed in accordance with special conditions and standards. These special use standards may differ from the development standards established for other uses in the same zoning district. [Ord. 521-2013 § 3 (Exh. A)].

All uses designated as special (“S”) uses in Table 17.202.020, and other uses designated herein, and uses the city determines to be similar to such uses, are subject to the special use standards of this chapter. The special use standards supplement the other requirements of this code. When a standard for a special use differs from that of the underlying district, the standard for the special use shall apply. [Ord. 521-2013 § 3 (Exh. A)].

The status of a special use as a permitted or conditional use is set forth in the underlying zone (Table 17.202.020), except as otherwise designated in the special use section. The process for review of a special use is the same as for a permitted or conditional use, as applicable, and pursuant to Chapter 17.401 DMC, General Review Procedures. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose and Intent. The purpose of this section is to establish design review standards for automobile service stations. Automobile service stations in the C zone are subject to the site and building design standards in DMC 17.202.060, except as specified in this section. Special standards are applicable to automobile service stations because of their unique nature and their potential impact on the streetscape and the pedestrian environment. Where the standards of this section conflict with other standards in this code or other city ordinances, the more restrictive requirements shall apply.

B. Yard Standards. In a zone where automobile service stations are permitted, identification signs and lighting standards may occupy a required front yard exclusive of a clear vision zone unless otherwise prohibited by this code. In any zone, gasoline pumps and pump islands shall not be located so that any part of a vehicle being served shall extend into any public street right-of-way, alley or private drive used for access or egress to private property. Gasoline pumps or pump islands shall not be located within a required front yard or within a front setback area between a building and a street within the C zone. Further, gasoline pumps or pump islands shall not be built within 10 feet from a property line.

C. Canopy Standards.

1. A canopy must cover service station pumps and service lanes.

2. A pump canopy structure shall be constructed of metal or noncombustible materials. Roofing materials may be metal, asphalt shingles, wood or tile.

3. The edge of the canopy trim, exclusive of any signs, shall not be illuminated.

D. Architectural Features. In the C zone, automobile service stations shall meet the standards in DMC 17.202.060(F), except as specified in this section. In order to encourage high quality canopy design while allowing flexibility, bonus points for the architectural design features matrix in DMC 17.202.060(G) are available for automobile service stations in the C zone as specified below. The design standards in subsections (D)(1) and (2) of this section are not applicable in the LI zone.

1. One point is available if all canopy columns are enclosed by masonry bricks, stone, or other decorative materials in conformance with this subsection. Such enclosures shall extend from grade to meet underside of canopy. Minimum column enclosures shall be 18 inches on each side. Masonry columns shall be braced for seismic action.

2. Two points are available if all requirements of subsections (D)(2)(a) through (e) of this section are met.

a. Canopy Roof Design – Sloped Roof. A canopy shall have a gable roof with a minimum pitch of 4/12. The underside of such canopy shall be enclosed in either of the following methods:

i. A flat, level surface between eaves.

ii. Enclosing the underside of structure members.

b. Canopy Eaves. Eaves shall be trimmed with a fascia board of fire retardant materials.

c. Canopy Gutters and Downspouts. Canopy eaves shall include a gutter and downspout system. Downspouts shall be enclosed into one or more column surrounds. Downspouts shall connect to an enclosed storm water drainage system. Gutters may be built into the roof design and do not have to be placed on the eave fascia.

d. Gable Ends. Gable ends of the sloped roof shall be trimmed in a similar manner to the eaves. Trim shall be placed at the underside of roofing materials for the entire length of the gable on both sides. Roof flashing overlaps shall not be visible.

e. Canopy Design Patterns and Colors. Canopy design shall incorporate the same design patterns and colors as the service building.

E. Service Building Requirements. There shall be at least one enclosed service building at each service station site. This building may incorporate one or more uses. A use within the building may be a pay station for pump or service station automotive product sales, vehicle service, food sales (packed and prepared), restrooms or any other automotive ancillary use. Access to restrooms shall be from within the building. Service buildings in the C zone shall be subject to the site and design standards of DMC 17.202.060.

F. Parking Lots. All areas not occupied by buildings, enclosures, or off-street parking shall be landscaped. Off-street parking requirements are found in DMC 17.304.040. Parking lots shall be constructed in accordance with the Dundee public works standards.

1. Protective Barriers. Where metal vertical pipes are used to protect tanks and restricted areas, such pipes shall be painted with a bright color and use reflective tape. Painted curbs are required to meet State Fire Marshal standards.

2. Vertical tanks are prohibited; tanks greater than 4,000 gallons are prohibited.

3. Parking lots may be designed as site detention basins.

G. Number of Pumps. In order to promote businesses that are scaled to serve the needs of the community, service stations shall be limited to a total of six pumps.

H. Signs.

1. Signs shall be subject to Chapter 17.306 DMC, except where noted below.

2. Prohibited Signs. In addition to those signs prohibited under DMC 17.306.060(E), prohibited signs for automobile service stations include the following:

a. All roof-mounted signs;

b. All portable signs except as otherwise permitted. Portable signs shall include, but are not limited to, signs which are mounted, attached, or painted on trailers, boats or vehicles when used as additional signage on or near the business premises;

c. Flag-mounted signs (vertical signs), except as otherwise provided.

3. Wall Signs. Signs included along the edge of the canopy trim shall be subject to DMC 17.306.030(A)(1)(i).

4. Freestanding Signs. All permanently mounted freestanding signs shall be subject to DMC 17.306.030(B)(1), including those that display the price of fuel or other information required or allowed per ORS 646.930 or other state or federal requirements, or other information. In addition to the standards of DMC 17.306.030(B)(1), the following shall apply:

a. The sign shall have a landscape area at the base of each sign equal to at least four square feet for each square foot of sign area; and

b. The sign shall have a monument base of masonry construction.

I. Public Address Systems. Public address systems are prohibited.

J. Combination of Uses with Fuel Dispensing. All buildings and facilities on a service station’s site shall be the same design style.

K. Pedestrian Access. The design of fuel pump location, access lanes and buildings shall limit the amount of cross traffic between customers and vehicles. [Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

Bed and breakfast establishments shall conform to the following standards:

A. Owner- or Manager-Occupied Single-Family Structure. The structure is designed and occupied as a single-family residence by either the owner or a manager.

B. Off-Street Parking. A minimum of one off-street parking space per guest room plus two off-street parking spaces for the owner/resident manager, pursuant to DMC 17.304.040, must be provided on the site.

C. Maximum Stay. The maximum length of stay is 28 days per guest.

D. Food Service. A morning meal must be provided as part of the overnight lodging fee. All other commercial food service is limited to serving overnight guests of the bed and breakfast. [Ord. 521-2013 § 3 (Exh. A)].

Retail small-scale wineries, breweries, or distilleries are allowed in the C and CBD zones, provided all of the following are met:

A. Retail sale of the product is offered on site.

B. The floor area devoted to retail sales, eating and drinking, and similar customer uses is at least 20 percent of the total floor area.

C. The floor area devoted to production, storage, and related uses does not exceed 5,000 square feet. [Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. Where allowed by this code, the following standards shall apply for drive-through service and walk-up windows. The purpose of these standards is to ensure safe vehicular operations, limit impacts to neighboring properties, and minimize impacts to the streetscape and pedestrian environment.

B. Drive-Through Service. Drive-through service shall not be permitted within the CBD zone. In other zones where allowed, a building providing drive-through service shall be subject to all of the following standards:

1. General. Establishment of drive-through service shall require approval of a site development review.

2. Circulation. The overall circulation plan for a site shall not cause traffic congestion on surrounding streets and shall minimize potential nuisances to nearby property caused by vehicles and use of the order board.

3. Access Location. Wherever feasible, drive-through lanes shall be accessed from the rear of a site, and run along the side property line or building elevation. New access to a public street requires an access permit, pursuant to DMC 17.301.020.

4. Vehicle Stacking. All drive-through lanes shall provide stacking for a minimum of six vehicles as measured from the drive-up window to the entrance of the drive-through lane.

5. Setbacks. In the C zone, pursuant to DMC 17.202.060(B), drive-through lanes may only be located between a street wall and a street right-of-way if the applicant can demonstrate that it is not feasible to configure the site in any other way. In all zones, where a drive-through lane will be located between a building and a roadway, a minimum 15-foot setback shall be required from the roadway right-of-way to the drive-through lane. This setback area shall be landscaped. Where a drive-through lane will be located between a building and the Highway 99W right-of-way, landscaping in the setback area shall include trees meeting the standards established in DMC 17.302.070, in addition to the screening required in subsection (B)(6) of this section.

6. Screening. The drive-through lane shall be screened by a combination of shrub planting, berm(s), and/or low retaining wall(s) at least three feet in height.

7. Operation. Specific design and operational conditions may be imposed with approval of the site development review process. These may include, but are not limited to, additional vehicle stacking, screening or buffering, regulating the hours of operation and other measures to reduce potential impacts on surrounding properties.

8. Window Location. In the C zone, drive-through windows shall not be located on a building frontage that is used to satisfy the requirements of BMC 17.202.060(A).

C. Walk-Up Service Window. A building providing a walk-up service window shall be subject to all of the following standards:

1. General. Establishment of a walk-up service window shall require approval of a site development review.

2. Circulation. The service window shall be so located as not to interfere with pedestrian traffic along the adjacent sidewalk and vehicle traffic entering or exiting the site.

3. Setback. There shall be a minimum five-foot setback between a service window and an adjacent property boundary.

4. Surfacing. The area where patrons place orders and receive ordered items shall be surfaced in concrete, brick, stone or other suitable surface material.

5. Outside Furniture. The provision of tables, seats, trash receptacles and similar items shall be permitted, provided they are located entirely on private property.

6. Noise. The use of a loudspeaker shall be prohibited.

7. Operation. Specific design and operational conditions may be imposed with approval of the site development review process. These may include, but are not limited to, regulating the hours of operation, screening or buffering and other measures to reduce potential impacts on surrounding properties. [Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

Repealed by Ord. 591-2025. [Ord. 521-2013 § 3 (Exh. A)].

A. Home Occupations Permitted. Home occupations are permitted as an accessory use to a residential use, pursuant to the standards of this section.

B. Standards. Home occupations may be allowed as an accessory use on any property on which there is a residence, subject to the following standards and restrictions:

1. Participation. No person shall be employed other than a member of the family residing on the premises.

2. Character. The character and primary use function of the residence and premises shall not be changed by the use of colors, materials, design, construction, lighting, landscaping, or lack of landscaping.

3. Traffic. A home occupation located on a local street, or privately maintained road serving three or more residences, shall not generate more than 20 vehicle trips in one day. A “trip” is a vehicle traveling in one direction to or from a source. Twenty trips are equivalent to 10 round trips.

4. Noise. A home occupation shall not create noise of a type, duration or intensity which, measured at the property line, exceeds 60 dba between the hours of 7:00 a.m. and 6:00 p.m. No noise shall be created by the home occupation between the hours of 6:00 p.m. and 7:00 a.m. that is detectable to normal sensory perception off the premises of the home occupation.

5. Equipment and Process Restrictions. No home occupation conducted within a single-family detached residence or an accessory structure shall create vibration, glare, fumes, odors, or electrical interference detectable to the normal sensory perception off the property. No home occupation conducted in a residence other than a single-family detached residence shall create vibration, glare, fumes, odors, or electrical interference detectable to normal sensory perception outside the dwelling unit. In the case of electrical interference, nothing shall be used which creates visual or auditory interference in any radio or television off the premises.

6. Hazards. No equipment, process or material shall be used which will change the fire rating or structure separation, firewall, or ventilation requirements for the structure in which the home occupation is located. No hazardous materials shall be used or stored on the property on which a home occupation located in quantities not typical of those customarily used in conjunction with activities or primary uses allowed in the zoning district.

7. Signs. Signs are subject to Chapter 17.306 DMC.

8. On-Premises Client Contact. Customer and client contact shall be primarily by telephone, mail, or electronic communication and not on the premises of the home occupation, except those home occupations, such as tutoring, counseling or personal services, which cannot be conducted except by personal contact. Services or sales conducted on the premises shall be by appointment only, and shall not be oriented toward, or attract, off-the-street customer or client traffic.

9. Prohibited Businesses. The repair or maintenance of vehicles shall be prohibited. This includes the repair and/or maintenance of automobiles, trucks, recreational vehicles, trailers, motorcycles, farm equipment, boats, and lawn mowers and other small engine equipment.

10. Deliveries and Large Vehicle Storage. Delivery of materials to and from the premises shall not involve the use of vehicles over two-ton capacity, except parcel post or private parcel delivery trucks. Vehicles over one-ton capacity and used in conjunction with a home occupation shall be stored within an enclosed structure on the property. Regardless of capacity, storage of vehicles within the public right-of-way shall be prohibited.

11. Parking. Parking spaces needed for the conduct of a home occupation shall be provided off the street, in defined areas which are appropriately designed and surfaced for that purpose, and not located within the side or rear yard setbacks required by the district. No more than two home-occupation-related vehicles shall be located on the property at one time. If access to the property is from an arterial or collector street, adequate maneuvering room shall be provided on site to allow vehicles to leave the property front-end first.

12. Storage and Use of Yard Areas. Storage of tools, equipment and materials, and display of merchandise and all other activities associated with a home occupation, except as provided above for parking, shall be contained and conducted wholly within covered and enclosed structures and shall not be visible from the exterior of the containing structure(s).

13. Family child care homes, child care by babysitters, residential care homes, and residential care facilities, as defined by state statute, shall not be subject to the provisions in this section.

14. All psilocybin-related businesses as defined in ORS Chapter 475A and OAR 333-333 are prohibited as home occupations. [Ord. 588-2024 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Review Process. The city building official shall review compliance with the standards of this section administratively during the review of applicable building permits and set-up permits.

B. Standards.

1. The manufactured home shall be multi-sectional and shall enclose a space of not less than 1,000 square feet.

2. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade. The foundation must be constructed of concrete or concrete block.

3. The manufactured home shall have a roof with a nominal pitch of not less than 3/12.

4. Roofing material shall be composition asphalt, fiberglass, wood shake, or tile.

5. The exterior siding must be standard wood siding, T-111, a siding of equivalent appearance, or better.

6. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting current performance standards specified by state law for single-family dwellings.

7. The manufactured home shall have an enclosed, attached or detached garage or carport if 50 percent or more of the adjacent residential properties contain a garage or carport. The garage shall be constructed of materials that are identical to or similar in color, material, and appearance to the house. The garage shall be constructed prior to occupancy.

8. Transportation mechanisms, including wheels, axles, and hitch, must be removed prior to occupancy.

9. The manufactured home shall be provided with gutters and downspouts to direct storm water away from the placement site.

10. All utilities shall be connected to the manufactured home in compliance with city and state requirements prior to occupancy.

11. At the time of installation, the manufactured home shall be in good repair and free of structural, electrical, mechanical, and plumbing defects.

12. The manufactured home and any manufactured home accessory buildings shall be constructed and maintained in conformance with the state and federal safety construction standards, applicable at the time of placing the manufactured home. The home shall bear the Oregon “insignia of compliance.”

13. Except for a structure that conforms to the state definition of a manufactured home accessory structure, no other extension shall be attached to a manufactured home, except a garage constructed to the standards of the Oregon State Structural Specialty Code. No attached extension shall exceed a height of 14 feet, or the roofline of the manufactured home, whichever is greater.

14. The applicant must obtain an installation/set-up permit for the manufactured home from the city.

15. A manufactured home shall not be placed within an acknowledged historical district or adjacent to a historic landmark. [Ord. 521-2013 § 3 (Exh. A)].

A. Review Process. Manufactured dwelling parks and mobile home parks shall be subject to the site development review procedures of Chapter 17.402 DMC. Submittal requirements and review procedures shall be as specified in that chapter. Approval shall not be granted unless all provisions of this section and other applicable requirements of this code are met.

B. Standards.

1. Any lot or site used for a manufactured dwelling park or mobile home park and any modifications to a park shall comply with the provisions of ORS Chapter 446, OAR Chapter 918, Division 600, and the current Oregon Manufactured Dwelling and Park Specialty Code. The required minimum lot size for a manufactured dwelling park or mobile home park shall be the lesser of three acres or the current standard found in ORS 197.314(5).

2. Density. The maximum density of a manufactured home park shall not exceed 10 units per gross acre.

3. Setbacks. The following setback standards shall apply:

a. Exterior Setbacks. Setbacks from any property line at the exterior boundary of the park shall comply with the minimum residential setbacks in the underlying zone.

b. Interior Setbacks. Setbacks within the park shall comply with the standards in the Oregon Manufactured Dwelling and Park Specialty Code.

4. Driveways. All driveways shall be paved with an asphaltic material or concrete and shall meet the minimum standards in the Oregon Manufactured Dwelling and Park Specialty Code.

5. Signs. Signs are subject to Chapter 17.306 DMC.

6. Utilities. All utility services shall be underground. The applicant shall furnish the city with proper easements for reading the meters and for inspecting water and sewer lines. The park owners shall maintain all meters and water and sewer lines to city standards.

7. Water, Sewer and Surface Drainage. Adequate provisions shall be made for an ample supply of safe and potable water, and adequate provisions shall be made for sewage disposal and surface drainage, and plans for such must have prior approval of the health department and the city engineer before a manufactured dwelling or mobile home park is approved. All meters, sewer and water lines shall be inspected while being installed and the installation shall meet normal city standards.

8. No part of any manufactured home park shall be used for the parking or storage of any heavy equipment, or trucks with a rated capacity exceeding two tons.

9. A caretaker, owner or manager shall be responsible for keeping the manufactured home park, its facilities and equipment in a clean, orderly and sanitary condition.

10. Landscaped buffer areas shall be developed around the perimeter of all manufactured home parks. Buffering shall comply with the standards of DMC 17.302.060, Screening and buffering. [Ord. 521-2013 § 3 (Exh. A)].

Reserved. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. All uses and development in the park and open space (PO) zone, plus development of any park greater than one-half acre, are subject to prior approval of a master plan, pursuant to the site development review procedures of Chapter 17.402 DMC. The intent of the park and open space master plan process is to establish a long-term plan for development sites and to coordinate site development with the local government, citizens, and developer. Furthermore, the master plan is intended to ensure that proposed site improvements, architecture, signs, landscaping, location and orientation of improvements, paths, and other site design elements meet the needs of the community.

B. Review Process. Review of parks and open space master plans follows the procedures for Type III applications in DMC 17.401.040. A community meeting conducted by the sponsoring park agency is required prior to commencing the public hearing process on a parks and open space master plan.

C. Community Meeting. Prior to the initial hearing, the applicant shall hold one meeting regarding the master plan. The applicant shall notify the city of the time and location of the meeting. The city may assist in coordination of the meeting at the direction of the city administrator. The application shall be considered incomplete until the community meeting is held.

1. Objectives.

a. The meeting shall include a presentation by the applicant, and provide an opportunity for interested members of the public to review and comment upon the proposed development.

b. The required hearings shall not substitute for the required community meeting.

c. The initial hearing shall not be held until: the applicant certifies in writing that the required community meeting was held, and the applicant provides the city a summary of the public comments made at the community meeting.

2. Notice.

a. Newspaper Notice. The applicant shall publish notice of the meeting in the local newspaper 14 days prior to the meeting.

b. Mailed Notice. The applicant shall mail notice of the community meeting as follows:

i. For proposed development with a total area less than two acres, the applicant shall provide mailed notice to all property owners within 200 feet of the development site boundary.

ii. For proposed development with total area between two acres and five acres, the applicant shall provide mailed notice to all property owners within 1,000 feet of the development site boundary.

iii. For proposed development with a total area greater than five acres, the applicant shall provide mailed notice to all mail recipients within the Dundee city limit boundary.

D. Application Submittal – Master Plan. An application for master plan approval shall include the following:

1. A Type III application form, fee, and deposit.

2. Site Plan. A site plan shall be to scale and indicate the following as appropriate to the nature of the use:

a. Access to the site from adjacent right-of-way, streets and arterials;

b. Parking and circulation areas;

c. Location and design of buildings and signs;

d. Private and shared outdoor recreation spaces;

e. Pedestrian circulation;

f. Outdoor play areas;

g. Service areas for uses such trash disposal and above ground utilities;

h. Areas to be landscaped;

i. Exterior lighting;

j. Special provisions for handicapped persons;

k. Other site elements and spaces which will assist in the evaluation of site development;

l. Proposed grading, slopes, and proposed drainage;

m. Location and access to utilities including hydrant locations; and

n. Streets, driveways, and sidewalks.

3. Site Analysis Diagram. A site analysis diagram shall be to scale and shall indicate the following characteristics on the site and within 100 feet of the site:

a. Relationship of adjacent lands;

b. Location of species of trees greater than four inches in diameter at four feet above ground level;

c. Existing and proposed topography;

d. Natural drainage and proposed drainage and grading;

e. Natural features and structures having a visual or other significant relationship with the site.

4. Architectural Drawings. Architectural drawings shall be prepared for all proposed structures.

5. Landscape Plan. The landscape plan shall indicate:

a. The size, species and approximate locations of plant materials to be retained or placed on the site together with a statement which indicates the mature size and canopy shape of all plant materials;

b. Proposed site contouring;

c. A calculation of the percentage of the site to be landscaped; and

d. Buffering and screening of 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.

6. Special Needs for Disabled. Where appropriate, the design review plan shall indicate compliance with accessibility requirements including, but not limited to, the location of parking spaces, the location of accessible routes from the on-site facilities to the public way, and ramps for wheelchairs.

7. Drives, Parking and Circulation. Where appropriate, the design review plan shall show proposed vehicular and pedestrian circulation, parking spaces and parking aisles, and the location and number of access points shall be indicated on the plans. Dimensions shall be provided on the plans for parking aisles, back-up areas, and other items as appropriate.

8. Drainage. The direction and location of on- and off-site drainage shall be indicated on the plans. This shall include, but not be limited to, site drainage, parking lot drainage, size and location of storm drain lines, and any retention or detention facilities necessary for the project.

9. Signs and Graphics. The location, colors, materials, and lighting of all exterior signs, graphics or other informational or directional features shall be shown on the plans.

10. Exterior Lighting. Exterior lighting within the design review plan shall be indicated on the plans. The direction of the lighting, size and type of fixtures and an indication of the amount of lighting shall be shown on the plans.

11. Trash and Refuse Storage. All trash or refuse storage areas, along with appropriate screening, shall be indicated on the plans. Refuse storage areas must be constructed of brick, concrete block or other similar products as approved by the hearing body.

12. Roadways and Utilities. The proposed plans shall indicate any public improvements that will be constructed as part of the project, including but not limited to roadway and utility improvements.

13. Current Deed or Title Showing All Easements and Restrictions. For the purposes of this section current shall mean within six months of the date of application submittal.

14. Narrative. A narrative shall describe how the proposed plan complies with the Dundee comprehensive plan, Dundee parks and open space plan, the Dundee development code, and the current edition of Park, Recreation, and Leisure Facilities Site Planning and the intent statements in DMC 17.202.010(J). The narrative shall also summarize the comments obtained from the required neighborhood meeting.

15. Other information as requested by the review body in order to make a decision.

E. Approval Criteria. Parks and open space master plans shall be consistent with the guidelines of the 2005 Edition of Park, Recreation, and Leisure Facilities Site Planning, and the policies of the Dundee comprehensive plan and parks and open space plan, and shall comply with the standards of this code. Additionally, the city review body shall apply the following criteria in approving, approving with conditions, or denying park and open space master plans:

1. The master plan shall provide an adequate number of parking stalls to accommodate the proposed uses.

2. The master plan shall include uses that adequately meet the recreational needs of the population the use is intended to serve.

3. The master plan shall be compatible with neighboring uses. Considerations shall include, but are not limited to: type of uses and improvements, hours of operation, lighting, noise, structure height, parking, setbacks, and landscaping.

4. The master plan shall provide for adequate pedestrian access to adjacent properties which are developed or will be developed in the future. This shall be accomplished through the provision of right-of-way dedication or a public access easement.

5. The master plan shall show the adjacent street frontage improved in accordance with city street standards and the standards contained in the transportation plan. At the discretion of the city, these improvements may be deferred through the use of a deferred improvement agreement or other form of security.

6. Other issues may be considered by the hearing body in order to ensure the proposed development complies with the Dundee comprehensive plan, the Dundee parks and open space plan, the Dundee development code, and the 2005 Edition of Park, Recreation, and Leisure Facilities Site Planning.

F. Conditions of Approval. The hearing body shall designate conditions deemed necessary to secure the purpose of this chapter and the approval criteria and require the guarantees and evidence that such conditions will be complied with. Such conditions may include, but are not limited to, the regulation of:

1. Setbacks.

2. Fences, walls, and vegetative buffers.

3. Exterior lighting.

4. Surfacing of parking areas.

5. Street dedications and improvements (or bonds).

6. Points of vehicular ingress and egress.

7. Signs.

8. Landscaping and maintenance thereof.

9. Maintenance of the grounds.

10. Noise, vibration, odors or other similar nuisances.

11. Hours of operation.

12. Time period within which the proposed use shall be developed.

13. Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the Dundee comprehensive plan, Dundee parks and open space plan, the Dundee development code, and the 2005 Edition of Park, Recreation, and Leisure Facilities Site Planning.

G. Site Improvement Approval and Modification of the Master Plan. Site improvements are permitted outright upon a showing that the construction is in “substantial compliance” with the master plan according to the following procedure:

This review of substantial compliance will be undertaken by means of a Type I procedure.

1. The site improvements will be considered to be within substantial compliance if the actual characteristics of the project, e.g., total gross square feet of development, building area, athletic field or court area, vehicle trips, parking spaces, are within five percent of those shown in the approved master plan, providing that the project still is in compliance with all applicable development standards in effect at the time of the approval, or existing applicable development standards, if these are less stringent than the standards in effect at the time of approval.

2. If a determination is made through the Type I procedure that the site improvements are not in substantial compliance with the master plan, the proposal shall be considered a modification to the master plan. A modification to the master plan shall be reviewed as a new application and follow the procedures of this section.

3. If a master plan has not been approved for the site, the applicant shall have a master plan approved according to this section. Prior to the approval of any site improvements that exceed a total valuation of $7,500. Routine repairs and maintenance of existing facilities are permitted outright and do not require master plan approval. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The following standards are intended to maintain attractive neighborhoods and an attractive community, to promote compatibility between outdoor uses and other nearby uses, and to prevent erosion, protect water quality, and avoid excessive dust.

B. Applicability. This section applies to outdoor commercial or industrial uses in commercial or industrial zones, and to outdoor storage uses in any zone. Applications for site development review, conditional use review, or similar permits shall be reviewed for compliance with these standards. New outdoor uses shall comply with these standards, whether site design review is required or not. Any change to existing nonconforming outdoor uses or development shall be subject to the standards of Chapter 17.104 DMC.

C. Outdoor Uses in Commercial Zones. Except for those uses and activities listed below, all business, services, processing, or merchandise displays allowed in commercial zones shall be conducted wholly within an enclosed building.

1. Automobiles, motorcycles, trucks, trailers, boats, recreational vehicles, manufactured structures, nursery plants, and other merchandise which in all cases is required to be stored outdoors may be displayed outdoors where allowed under DMC 17.202.020. Areas used for display of automobiles, motorcycles, trucks, trailers, boats, recreational vehicles, manufactured structures, or other vehicles shall be paved with a concrete or asphalt surface. Such areas shall not be located within a required front yard. These areas shall be subject to the parking lot screening requirements of DMC 17.302.060(C)(1) and (2), but shall not be subject to the parking lot landscaping standards of DMC 17.302.060(C)(3). Where an area used for display of automobiles, motorcycles, trucks, trailers, boats, recreational vehicles, manufactured structures, or other vehicles is within 20 feet of the Highway 99W right-of-way, trees shall be planted within the required landscaped strip in compliance with DMC 17.302.070, in addition to meeting the requirements of DMC 17.302.060(C)(1) and (2). Outdoor display areas shall not include raised platforms for merchandise except as needed for display of plants.

2. Temporary sale and display of other merchandise during normal operating hours of the business may occur outdoors on private property. The merchandise shall be stored within a building during nonoperating hours. Merchandise shall not be displayed within a public right-of-way.

3. Outdoor cooking and dining associated with a permitted eating or drinking establishment shall have a seating capacity not exceeding 75 percent of the indoor seating capacity of that business. Up to 12 outdoor seats will be outright permitted on private property. Outdoor seating shall not encroach on a public right-of-way.

4. Automobile service stations may operate outdoors where allowed under DMC 17.202.020, subject to the standards of DMC 17.203.040.

5. Drive-through windows in the C zone and walk-up service windows serving pedestrian traffic, subject to the standards of DMC 17.203.070.

6. Temporary uses authorized under DMC 17.203.160 may operate outdoors where authorized by the applicable permit.

D. Outdoor Uses in Industrial Zones. Outdoor uses in industrial zones shall be screened from adjoining residentially or commercially zoned properties in accordance with the provisions of DMC 17.302.060, Screening and buffering.

E. Outdoor Storage Uses in Any Zone. Outdoor storage, where allowed as a primary use, or as an accessory use to any non-single-family use, shall be subject to the following:

1. Outdoor storage areas shall be screened according to the standards of DMC 17.302.060, Screening and buffering.

2. Areas used for outdoor storage of automobiles, motorcycles, trucks, trailers, boats, recreational vehicles, manufactured structures, or other vehicles shall be paved with a concrete or asphalt surface. In a commercial zone, these areas shall be subject to the parking lot screening requirements of DMC 17.302.060(C)(1) and (C)(2), but shall not be subject to the parking lot landscaping standards of DMC 17.302.060(C)(3). Where an area used for outdoor storage of automobiles, motorcycles, trucks, trailers, boats, recreational vehicles, manufactured structures, or other vehicles is within 20 feet of the Highway 99W right-of-way, trees shall be planted within the required landscaped strip in compliance with DMC 17.302.070, in addition to meeting the requirements of DMC 17.302.060(C)(1) and (C)(2).

3. Outdoor storage shall not occur in a required front yard or in a required landscaped area. Outdoor storage, where allowed in a required side or rear yard, shall not exceed 10 feet in height.

4. Outdoor storage shall be maintained so as not to be a nuisance per the Dundee Municipal Code. [Ord. 591-2025 § 2 (Exh. A § 9); Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The following standards, which restrict or limit the size of some manufacturing uses, are intended to promote compatibility between small-scale manufacturing in the community commercial (C) zone and adjacent commercial and residential uses. By controlling the form of development, the most objectionable impacts, such as odor, dust, smoke, cinders, fumes, noise, glare, heat, vibration, and others, can be avoided. The standards do not apply to zones where manufacturing uses are permitted outright. A retail small-scale winery, brewery, or distillery is subject to DMC 17.203.060 and is not subject to this section.

B. Review Process. Small-scale manufacturing uses, where allowed under DMC 17.202.020, shall be reviewed for compliance with the standards of this section pursuant to the site development review process in Chapter 17.402 DMC or the conditional use permit process in Chapter 17.404 DMC, as applicable.

C. Approval Criteria. In addition to other applicable development standards of this code, the following standards apply to small-scale manufacturing uses:

1. The area involved in the manufacturing of the product and all storage of materials shall not involve more than 5,000 square feet of floor area.

2. The building and site plan shall provide for adequate buffering and/or screening of adjacent residential and commercial uses, except where such uses complement the proposed manufacturing use. For example, where the manufacturing use is a bakery, distillery or brewery, and the adjacent use is a dining or drinking establishment, buffering or screening may not be required.

3. Uses involving carpentry, metal fabrication, machine work, lathing, drilling, welding, hammering, offset printing, and similar noise or odor producing activities, where noise levels beyond the building would routinely exceed 60 dBA, require conditional use permit approval under Chapter 17.404 DMC.

4. Uses involving outdoor or unenclosed activities, except as allowed elsewhere by this code, shall require approval of a conditional use permit.

5. Uses that the city planning official determines could be objectionable in relationship to surrounding residential or commercial uses, due to odor, dust, smoke, cinders, fumes, noise, glare, heat, vibration, or similar impacts, shall not be permitted without approval of a conditional use permit; and all such potential adverse impacts shall be mitigated through the project design and specific conditions of approval.

6. All other applicable standards of this code shall be met. All sign requirements of Chapter 17.306 DMC shall be met. [Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The purpose of these regulations is to provide standards for the establishment of temporary businesses and similar uses within the city.

B. Review Procedure.

1. Temporary uses are permitted through a Type I review, pursuant to DMC 17.401.020.

2. An applicant requesting a temporary use permit shall submit the following information:

a. A signed statement from the property owner or lessee of the primary use on said property:

i. Granting permission for the property to be used by the permit applicant;

ii. Including a copy of a property deed, ground lease or similar evidence of ownership for subject property;

iii. Specifying the day(s) for which permission is granted;

iv. Containing the name, mailing address and telephone number of the owner or lessee; and

v. Acknowledging responsibility to ensure all litter, trash and materials on the property associated with the temporary use are removed within two days after the temporary use ceases.

b. A signed statement from the permit applicant:

i. Specifying the permit applicant’s name, permanent home or business address (not P.O. box), home or business telephone number;

ii. Specifying the type of use proposed by the applicant;

iii. Attaching proof that any applicable state or federal license or other requirements to engage in the temporary use proposed by the applicant have been granted by the appropriate governmental agencies;

iv. Acknowledging responsibility to ensure that all litter, trash and materials on the property associated with the temporary use are removed within two days after temporary use ceases.

3. Each application shall be accompanied by a site plan to demonstrate compliance with these provisions. The site plan shall be to an approximate scale, preferably on an eight-and-one-half-inch by 11-inch sheet of paper. The site plan shall include the following:

i. Locations of all existing structures;

ii. Proposed location of temporary use;

iii. Parking spaces and aisles within the parking lot;

iv. Driveways; and

v. Streets.

4. Long-term food cart vendors must also submit the following information in addition to the above requirements:

i. Description of the food cart, including size and dimensions, paint colors, location and size of any proposed signs.

ii. Site plan that identifies the location of the required parking space for the food cart business, and location of the trash receptacle for customer use.

C. Permitted Uses. Where allowed, the following temporary uses shall be permitted subject to the following limitations and requirements:

1. Trees and Fireworks. Christmas tree or fireworks sales are permitted subject to all of the conditions in subsections (C)(1)(a) and (b) of this section:

a. The sales shall be limited to commercial zones, except that sales may occur on those properties containing public or semi-public uses, such as schools or churches, regardless of the underlying zone.

b. Unless otherwise exempted by provisions in this section, the sales activity shall be subject to provisions in DMC 17.203.070, Drive-through service and walk-up service windows.

2. Commercial Activities. Temporary amusement and recreational services and retail sales and services are permitted in all commercial zones and in the light industrial (LI) zone, subject to all of the conditions in subsections (C)(2)(a) through (j) of this section:

a. The business may be operated from a vehicle, temporary structure, or a vacant building, subject to licensing and other applicable regulations.

b. Unless otherwise exempted by provisions in this section, the sales activity shall be subject to provisions in DMC 17.203.070, Drive-through service and walk-up service windows.

c. The activity is located on the same lot during only one period, not to exceed 90 consecutive days, in any calendar year.

d. The required parking for the primary uses on the same lot is not reduced below the minimum requirements of Chapter 17.304 DMC, Parking and Loading.

e. The use does not block driveways, driveway entrances, or parking aisles.

f. All signs conform to the requirements of Chapter 17.306 DMC.

g. The activity conforms to all setback requirements applicable to the lot and zone.

h. The operator of a temporary use shall provide the required information, pay the applicable fee, and obtain and display the required temporary business permit.

i. The operator of a temporary use shall obtain all permits required by other agencies including those required for food handling and sales, and the sale of fireworks.

j. All temporary commercial activities require a permit issued in accordance with subsection (B) of this section.

3. Temporary Construction Facilities. Mobile offices, temporary power equipment and temporary structures used by personnel and to store equipment during construction, provided the structures are located on the construction site and not used as dwellings. There is no restriction as to the zoning.

4. Sales and Auctions. Sales or auctions in any zone, provided there are not more than four sales in a calendar year, with each sale not to exceed three consecutive days. Merchandise and signs shall remain on private property. Sales and auctions located within residential zones shall not operate beyond 9:00 p.m. This section does not limit the number of times, or duration, that public agencies may conduct sales or auctions regarding agency land, equipment, supplies or other materials.

5. Farmers Market. Farmers markets are permitted in all commercial zones, the P zone, and the LI zone subject to the conditions in subsections (C)(5)(a) through (i) of this section:

a. The farmers market is operated from a gathering of tables and/or stalls in an outdoor environment.

b. The farmers market will feature agricultural products produced within Oregon and Washington. The balance of the market may be used for nonlocal agricultural products, the sale of arts and crafts, and for food prepared for consumption on the premises. The farmers market may include live music, provided all noise regulations are met.

c. The farmers market permit shall be valid for no more than 180 consecutive days in any calendar year and the market may not be operated not more than two days each week.

d. The farmers market cannot interfere with the required parking or access of any operating business.

e. Signs are subject to Chapter 17.306 DMC.

f. The activity conforms to all setback requirements applicable to the lot and zone.

g. The operator of a farmers market shall provide the required information, pay the applicable fee, and obtain and display the required temporary business permit.

h. The operator of a farmers market, and each vendor, shall obtain all permits required by other agencies including those required for food handling and sales.

i. Farmers markets require a permit issued in accordance with subsection (B) of this section.

6. Long-Term Food Cart Vendors. Long-term (over 90 days) food cart vendors are permitted in all commercial zones subject to the following:

a. The food cart business must be operated using a mobile vending cart that has wheels and an axle.

b. Each food cart business must have at least one off-street parking space available for their customers. The required parking for the primary uses on the same lot may not be reduced below code requirements.

c. The food cart may not block driveways, driveway entrances, or parking aisles, and must meet all applicable setbacks.

d. The food cart business must provide at least one trash receptacle for customer use, to be emptied on a regular basis.

e. The business must keep the site surrounding the food cart neat and clean of trash and litter.

f. Each food cart may have up to 12 outdoor seats for customer use. Any use of awnings or tent covers may require building permits and must meet any applicable setback requirements for the zone. Any tents or awnings may not block driveways, driveway entrances, or parking aisles.

g. Food carts shall comply with the following design standards:

i. Carts shall be painted with at least two different paint colors. Business owners are encouraged to paint their business name and logo on their carts. The business name and logo will not count toward limits on permitted sign size.

ii. Signs for food carts shall comply with signage requirements in Chapter 17.306 DMC.

iii. Flashing or rotating lights on the exterior of the cart are not permitted.

iv. Each business may have one temporary and portable sandwich board style sign not to exceed six square feet in size. The portable sign may not be located in the public right-of-way.

h. The operator of a food cart shall obtain all permits required by other agencies, including those required for food handling and sales. A plumbing permit is required if water service or sanitary sewer service is installed. An electrical permit may be required for any electric work or connections on the site.

i. All long-term food cart vendors require a permit issued in accordance with subsection (B) of this section. Food cart permits are valid for no more than one year, but may be renewed annually.

7. Additional Permitted Temporary Uses. The city council may, by resolution, authorize additional permitted temporary uses during a specific event or festival and set forth reasonable types of uses, appropriate zones for such uses, and any time restrictions the council finds necessary to protect the health, safety and welfare of the public. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. This section establishes application procedures, location requirements, and other standards for the placement of wireless communication facilities. It applies to all such facilities regardless whether permitted outright or subject to approval of a conditional use permit.

Site development review approval is required to place a new wireless communication facility. A request for a modification of an existing wireless tower or base station for the co-location of new transmission equipment or removal or replacement of existing transmission equipment shall be approved using a Type I procedure; provided, that such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the original discretionary permit for the tower or base station. Any other modification requires a site development review approval.

B. Review Procedure. In addition to the applicable application requirements for site development review, all of the following information shall be submitted:

1. An evaluation of the feasibility of co-location of the subject facility as an alternative to the requested permit. The feasibility study must include:

a. The location and ownership of the existing telecommunication structures within the cell service area and not to exceed two miles.

b. Written verification and other documentation revealing the availability and/or cooperation shown by other providers to gain access to existing sites/facilities to meet the needs of the applicant.

c. The tower type and height of potential collection facilities.

d. Anticipated capacity of the wireless communication facility, including number and type of antennas that can be accommodated.

e. The specific reasons as to why co-location is or is not feasible.

2. Alternatives for locating or relocating support structures within 250 feet of the proposed location.

3. Analysis of the visual impacts of the proposed facility on residential dwellings within 250 feet of the proposed site, and an assessment of potential mitigation measures, including relocation.

C. Approval Criteria. In addition to any other applicable requirements, the decision to approve or deny the placement of a wireless communication tower shall be based on all of the following:

1. Co-location is not feasible on existing structures, including other wireless communication facilities.

2. The wireless facility shall be located and designed to preserve the ability for co-location of at least one additional user on all structures exceeding 35 feet in height, if feasible.

3. Based on the visual analysis and mitigating measures, the location and design of a freestanding wireless communication facility shall be conditioned to minimize visual impacts from residential areas through the use of setbacks, building heights, bulk, color, landscaping and similar visual considerations.

4. The design minimizes identified adverse impacts of the proposed use to the extent feasible.

5. Structures greater than 35 feet in height shall be at least 300 feet from any residentially (R) zoned property.

D. Removal. Any obsolete freestanding or attached wireless communication facility shall be removed by the facility operator within six months of the date it ceases to be operational or if it falls into disrepair. [Ord. 521-2013 § 3 (Exh. A)].

A. Application of State Rules. All uses in exclusive farm use zones are subject to the standards and criteria in OAR Chapter 660, Division 33 and applicable state statutes. This code is not intended to allow uses in this zone that would be prohibited, or to prohibit uses that must be allowed under OAR Chapter 660, Division 33 or applicable statutes.

B. Permitted Uses Subject to Discretionary Review. Where a use is permitted and the standards in OAR Chapter 660, Division 33 require a discretionary review, the application shall be processed using a Type II procedure. The planning official shall apply the applicable criteria from OAR Chapter 660, Division 33 and applicable state statutes and administrative rules in addition to any standards in this code.

C. Conditional Uses. Where a use is a conditional use, the planning commission shall apply the applicable criteria from OAR Chapter 660, Division 33 and applicable statutes in addition to the conditional use criteria, or in lieu of the conditional use criteria if rules or statutes do not allow them to be applied.

D. Uses Restricted on High Value Farmland. OAR Chapter 660, Division 33 provides additional restrictions or prohibits certain uses on high value farmland as defined in that rule. These restrictions and prohibitions apply to all such high value farmland in EFU zoned areas within Dundee. This means that certain of the uses listed in Table 17.202.020 may not be permitted in portions of the EFU zoned areas in Dundee. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The purpose of these standards is to allow existing residential uses in areas that are rezoned to commercial to continue as permitted uses, not subject to the nonconforming use provisions of DMC 17.104.030, until such time as the property owner chooses to convert them to a nonresidential use.

B. Applicability. Residential uses within commercial zones that were lawfully established as of October 28, 2014, including, but not limited to, those on tax lots identified on file with the city, are permitted uses, subject to this section.

C. Expansion, modification, or alteration of existing residential buildings meeting the requirements of subsection (B) of this section shall be allowed subject to all other standards of this code. Restoration or replacement of an existing structure made necessary due to circumstances beyond the owner’s control, such as fire, casualty, or natural disaster shall also be permitted; however, replacement of the existing structure with a new structure designed exclusively for residential use shall not be allowed.

D. Once a site or structure has been converted to a nonresidential use, residential use on the site or structure shall not be reestablished except above ground floor commercial or in conformance with DMC 17.203.200. Establishment of a home occupation pursuant to DMC 17.203.090 shall not be considered conversion to nonresidential use for the purposes of this section.

E. Residential uses subject to this section are not subject to the site and building design standards in commercial zones under DMC 17.202.060. [Ord. 534-2014 § 1 (Exh. A)].

Multifamily dwellings and residential care facilities may be permitted on the ground floor in commercial zones subject to the following standards:

A. The multifamily dwellings or residential care facility shall be a component of a mixed use development including commercial uses and/or public and institutional uses.

B. More than 50 percent of the gross floor area on the ground floor and more than 50 percent of the total street frontage of the site shall be occupied by commercial uses and/or public and institutional uses.

C. A building entrance serving solely multifamily dwellings or a residential care facility shall be located no closer than 50 feet from a building corner located adjacent to a street intersection.

D. Multifamily dwellings and residential care facilities shall not be allowed to occupy street wall building frontage facing Highway 99W.

E. Developments including ground floor multifamily dwellings or residential care facilities shall be subject to the site and building design standards in commercial zones under DMC 17.202.060 in addition to the standards of this section. [Ord. 534-2014 § 1 (Exh. A)].

A. Purpose. The purpose of these standards is to ensure that public parking facilities support rather than detract from the pedestrian environment and are used to promote a “park once” business district that supports pedestrian activity.

B. Applicability. The standards of this section apply to all parking facilities that are available for use by the general public and are not provided as required parking associated with a particular use or uses. This section applies only to parking facilities that are developed at street level or within four feet of the existing street grade and are not wholly enclosed within a parking structure.

C. Standards. Parking facilities shall meet all of the following standards:

1. Parking facilities shall be subject to the parking lot screening and landscaping requirements of DMC 17.302.060(C).

2. Where parking facilities are located within 20 feet of the Highway 99W right-of-way, trees shall be planted within the required landscaped strip in compliance with DMC 17.302.070, in addition to meeting the requirements of DMC 17.302.060(C).

3. Where parking facilities are located within 20 feet of any improved public street right-of-way, a pedestrian plaza or pocket park shall be provided abutting the right-of-way that is a minimum of 10 feet in width and a minimum of eight feet in depth and includes pedestrian amenities such as benches or low walls intended to double as seating. [Ord. 534-2014 § 1 (Exh. A)].

A. Purpose. The purpose of these standards is to allow small-scale amusement and recreation facilities that enliven the business district in commercial zones while requiring additional review of large-scale amusement and recreation facilities to ensure their impacts are appropriately managed.

B. Applicability. These standards apply to amusement and recreation facilities in commercial zones that are conducted wholly within an enclosed building and occupy no more than 10,000 square feet of gross floor area. All other amusement and recreation facilities in commercial zones require review of a conditional use permit under Chapter 17.404 DMC.

C. Standards.

1. All activity shall be conducted within a fully enclosed building.

2. Gross floor area dedicated to the use, including all storage areas and related facilities, shall be limited to 10,000 square feet.

3. Uses where noise levels beyond the building would routinely exceed 60 dBA require review of a conditional use permit under Chapter 17.404 DMC. [Ord. 534-2014 § 1 (Exh. A)].

A. Purpose. The purpose of these standards is to limit the scale and outdoor character of personal storage facilities in the C zone in order to maintain a more pedestrian-friendly environment and avoid large-scale uses that generate little activity or employment in the C zone.

B. Applicability. These standards apply to all new personal storage facilities located in the C zone and to expansions of existing personal storage facilities located in the C zone.

C. Standards.

1. Storage facilities shall be fully enclosed within a building.

2. Total ground floor building footprint shall be no greater than 20,000 square feet of gross floor area.

3. Access to individual storage units shall be provided from the interior of the building only.

4. Existing buildings containing exclusively personal storage units that are accessed from the exterior of the building shall not be subject to the standards of DMC 17.202.060; however, a site with existing buildings containing exclusively personal storage units that are accessed from the exterior of the building shall also include Pan office or administrative building that meets the standards of DMC 17.202.060. [Ord. 534-2014 § 1 (Exh. A)].

All short-term rentals (STRs) shall conform to the following standards:

A. Applicability. No person shall occupy, use, operate or manage, nor offer or negotiate to use, lease or rent, a detached single-family dwelling or a manufactured home on an individual parcel or lot (not in a mobile home park or manufactured home park) for a short-term rental (STR) unless an STR application is approved by the city, or is exempted under this section. The standards of this section shall supersede the standards elsewhere in the development code, unless otherwise stated. This section allows STRs only in a detached single-family dwelling or a manufactured home on an individual parcel or lot (not in a mobile home park or manufactured home park) in a residential (R-1, R-2, R-3) or agriculture (AG) zone built for permanent use (see subsection (I)(10) of this section). The person(s) renting the STR must rent the dwelling in its entirety for the purpose of overnight lodging to visitors for less than 28 days at any one time.

B. Purpose. The purpose of this section is to provide a process and standards for allowing STRs while mitigating possible impacts to neighbors. STRs are not considered home occupations.

C. Review Process.

1. STRs shall be processed as a Type II application.

2. STR applications must include:

a. A site plan drawn to scale, which indicates the following: the shape and dimensions of the lot, sizes and locations of buildings and off-street parking spaces (existing and proposed).

b. A floor plan(s) which clearly indicates:

i. The intended use of all interior areas by guests including, but not limited to, bedrooms, kitchen, living room, and storage;

ii. Locations of smoke detectors, carbon monoxide detectors, and fire extinguisher(s).

c. A bedroom count to determine the occupancy requirement in subsection (I)(14) of this section.

d. Images with the date each image was taken of the following required safety features:

i. Smoke detectors;

ii. Carbon monoxide detectors; and

iii. Fire extinguishers.

e. The house rules which shall include a list of the applicant’s rules and requirements for renters including, but not limited to:

i. The standards in subsection (I)(3) of this section regarding pets, subsection (I)(4) of this section regarding noise, subsection (I)(5) of this section prohibiting the premises of the STR from including any occupied recreational vehicle, trailer, tent, or other temporary shelter during the rental occupancy, and prohibiting tents, including event tents, and subsection (I)(6) of this section, Nuisances.

ii. The name and contact information, including the phone number and email address, for a local contact person (the local representative), responsible for maintenance and responding to emergencies and complaints.

iii. The maximum number of occupants approved by the city in the STR decision.

f. If the STR is approved the house rules shall be a requirement of the permit.

g. A written narrative explaining how each of the approval criteria in subsections (E)(1) through (3) and the standards in subsections (I)(1) through (14) of this section are met.

h. Evidence that a business license application and transient room tax registration have been submitted to the city.

D. Notice. A Type II written notice consistent with DMC 17.401.030, general review procedures for Type II procedure, shall be provided to the owners and occupants of properties within 500 feet of the subject property. The notice shall contain the following information:

1. The name, address, telephone number and email address of a local contact person (the local representative) responsible for maintenance and responding to emergencies, to allow property owners and residents to report problems with the STR as set forth in subsection (J) of this section.

2. The requirements of DMC 17.401.030(B)(3), general review procedures, Type II procedure.

E. Criteria. The approval criteria are:

1. The proposed STR will not present an unreasonable burden on the owners and occupants of properties within 500 feet of the subject property. The STR permit applicant shall address any concerns identified through the application review process. The city may require actions to address these concerns as a condition of approval for the STR permit.

2. The applicant has applied for a business license and provided transient room tax registration materials.

3. The standards in subsections (I)(1) through (14) of this section have been met.

F. Business License and Transient Room Tax.

1. The STR owner shall obtain and annually renew a business license pursuant to Chapter 5.04 DMC, Business Licenses, with the city of Dundee, and shall comply with Chapter 3.04 DMC, Transient Room Tax.

2. The STR owner shall renew the business license and remit payment of the business license fee by April 1st of any year; otherwise the STR permit will be void.

3. The STR owner must generate at least $500.00 in transient room taxes pursuant to Chapter 3.04 DMC over any continuous 12-month period; otherwise the STR permit will be void.

4. All business license renewals for STRs shall include:

a. Evidence at the time of renewal that all transient room taxes have been paid in full for the previous calendar year.

b. STR Owner Notifications.

i. The STR owner must annually mail via the U.S. Postal Service the contact information, including the name, phone number and email address, of the local representative to the owners and occupants of properties within 500 feet of the STR property. An affidavit shall be provided with the business license renewal application stating such mailing has been mailed.

ii. The STR owner must mail via the U.S. Postal Service a change in the local representative’s contact information, including the name, phone number and email address, to the owners and occupants of properties within 500 feet of the STR property within 30 days of the change.

c. The STR owner shall provide a log of complaints to the city annually with the business license renewal. This shall include issues received/reported by the property owner or manager and all nuisance issues that were addressed by the police. The log must explain how each complaint was addressed. Any omission or any false or intentionally misleading statement shall be grounds for a renewal application to be deemed incomplete

G. Limits on Permit Transfer. All STR permit approvals are valid only for the owner of the subject property at the time the STR application is submitted (not including transfers to trusts, LLCs, divorces or similar changes in names, but not ownership). Any sale of the property will automatically invalidate the STR permit.

H. Concentration Limits. At no point shall the number of STR permits in the city limits exceed five percent of the total number of detached single-family dwellings and manufactured homes on an individual parcel or lot (not in a mobile home park or manufactured home park) in the city limits, calculated at the time the application is submitted. The calculation for the total number of detached single-family dwellings and manufactured homes on an individual parcel or lot (not in a mobile home park or manufactured home park) shall include dwellings with a certificate of occupancy or final inspection. An STR renewal is not required to demonstrate it is within the five percent limit. Should the city reach the five percent limit, no new STR permits shall be issued until a sufficient number of previous STR permits do not renew or the number of detached single-family dwellings and manufactured homes on an individual parcel or lot (not in a mobile home park or manufactured home park) in the city limits increases to the point where there is less than five percent.

I. Standards.

1. Parking. At least two off-street parking spaces located on the property must be provided. In addition, one STR parking space may be on street. All overnight and visiting guests must park in designated parking areas (as shown on the site plan) or on the on-street parking space. No unauthorized on-street parking is permitted.

2. Trash, Yard Debris and Recycling Facilities. The owner shall provide for and maintain regular trash, yard debris and recycling collection. Available carts must have adequate capacity for the renters, and no uncontained garbage is allowed on the site.

3. Pets. Pets shall comply with DMC Title 6, Animals.

4. Noise Limits. All activities associated with the STR shall comply with the noise standards in Chapter 8.28 DMC, Noise. Noise enforcement shall occur per Chapter 8.28 DMC, Noise.

5. RVs and Other Temporary Shelters. The premises of the STR may not include any occupied recreational vehicle, trailer, tent, or other temporary shelter during the rental occupancy. Tents, including event tents, are not permitted.

6. Nuisances. All activities associated with the STR shall not cause a nuisance as defined in Chapter 8.16 DMC, Nuisances. Nuisance enforcement shall occur per Chapter 8.16 DMC, Nuisances.

7. Posting of Information and House Rules. The applicant shall keep posted a list of information and house rules about the STR adjacent to the front door inside the dwelling. At a minimum, the posting shall include the following information:

a. The name and contact information, including the phone number and email address, for a local contact person (local representative) responsible for maintenance and responding to emergencies and complaints.

b. The current annual STR business license.

c. The location of any safety equipment including fire extinguishers.

d. The maximum number of occupants that was approved by the city (see subsection (I)(14) of this section).

e. A list of the applicant’s requirements (house rules) for renters of the property (enforceable as part of this permit issuance). The house rules shall include the following:

i. All overnight and visiting guests must park in designated parking areas (as shown on the site plan) or on the one allowed on-street parking space (see subsection (I)(1) of this section).

ii. The day of the week when the trash, yard debris and recycling carts are picked up. The STR renter shall place the trash, yard debris and recycling carts at the curb for pick-up. No uncontained garbage is allowed on the site (see subsection (I)(2) of this section).

iii. Pets shall comply with the DMC Title 6, Animals (see subsection (I)(3) of this section) or, where the STR owner does not allow pets, state that pets are not allowed.

iv. All activities associated with the STR shall comply with the noise standards in Chapter 8.28 DMC, Noise (see subsection (I)(4) of this section).

v. The STR premises shall not include any occupied recreational vehicle, trailer, tent, or other temporary shelter during the rental occupancy. Tents, including event tents, are not permitted (see subsection (I)(5) of this section).

vi. All activities associated with the STR shall not cause a nuisance as defined in Chapter 8.16 DMC, Nuisances (see subsection (I)(6) of this section).

vii. Additional rules desired by the STR owner.

8. Guest Register. The owner or property manager shall maintain a guest register listing each tenant of the STR and the number of dwelling occupancy days consistent with DMC 3.04.150, Records exempt from disclosure.

9. No STR shall be located within 500 feet, measured from the property lines of the subject property, of any other STR or vacation rental (VR).

10. STRs are allowed in detached single-family dwellings and manufactured homes on an individual parcel or lot (not in a mobile home park or manufactured home park) in a residential zone (R-1, R-2, R-3) or the agriculture (A) zone. An owner shall not rent out a main house for a STR while they live in an accessory dwelling unit on the STR property. Consistent with DMC 17.203.260(C)(7), accessory dwelling unit standards, an accessory dwelling unit shall not be used as an STR.

11. The STR owner shall designate in the STR application form a local representative, their phone number, address, and email address. The locational address must be physically located within the Dundee urban growth boundary (UGB) or within 15 vehicular miles of the UGB. The local representative can be a property owner or a licensed property management company with a physically staffed office within 15 vehicular miles of the UGB. The owner may be the designated local representative if the owner resides within these stated limits.

The local representative must respond to the tenant and neighborhood questions or immediate concerns. The local representative shall serve as the initial contact person if there are questions or complaints regarding the operation of the STR, including immediate complaints. The local representative must respond to complaints in a timely manner to ensure the dwelling complies with the standards for STRs and other city ordinances pertaining to, but not limited to, noise, disturbances, nuisances, and state laws pertaining to the consumption of alcohol, or the use of illegal drugs, or other illegal activities.

12. No natural person or principal shall possess more than one STR permit pursuant to this chapter.

13. Smoke detectors are required in all sleeping areas, the hallway serving them, and every floor. Carbon monoxide detectors shall be located in each bedroom or within 15 feet of each bedroom door. Bedrooms on separate floor levels in a structure shall have separate carbon monoxide alarms serving each story. A fire extinguisher having a minimum rating of 2:A 10:BC must be mounted three to four feet above the floor in the kitchen area approximately five to 10 feet from the cooking stove.

14. Overnight Occupancy Limits. The maximum overnight occupancy for the STR shall be two persons per bedroom plus two additional persons; however, in no case shall the overnight occupancy exceed 10 persons, regardless of the bedroom count.

J. Complaints and Permit Revocation.

1. Immediate Complaints. Immediate complaints are those made directly to the STR representative and/or the fire or police department. These are not intended to be reported to City Hall. The process identified in this subsection (J)(1) is separate from the process identified in subsection (J)(2) of this section. Any complaint made to both the STR representative and the city will follow both processes identified in this subsection (J)(1) and subsection (J)(2) of this section.

a. All immediate complaints shall go to the property owner or property manager. The property owner or property manager is required to address any immediate complaints while the offending renter is still on site. Any emergencies should be reported to police and/or the fire department first.

b. Any unresolved complaints that are not addressed by the property owner or property manager shall be addressed by the local police department as a nuisance complaint.

c. The applicant shall provide a log of complaints to the city annually with the business license renewal. This shall include issues addressed by the property owner or manager and all nuisance issues that were addressed by the police.

d. Where complaints are persistent and recurring such that they have a detrimental effect to the quiet enjoyment of the adjoining residents, as determined by the city administrator, the city administrator may schedule a hearing before the planning commission to consider adding additional conditions for mitigation or revoking the short-term rental permit. The owner may appeal the planning commission decision to the city council.

2. Standards Violations. Any complaints about a violation of the standards listed in subsection (I) of this section shall be reported to the city. The city shall notify the property owner in writing of any corrective action necessary to correct the violation, and the owner shall have 30 days to correct the identified issue. If the city receives three or more complaints about violations of the standards listed in subsection (I) of this section within a 12-month period, the city administrator shall schedule a hearing before the planning commission to consider adding additional conditions for mitigation or revoking the short-term rental permit. The owner may appeal the planning commission decision to the city council. Any revocation of an STR permit shall last at least one year before an applicant can reapply for an STR. Any re-application to reinstate the STR shall be processed as a new application. [Ord. 582-2023 § 3 (Exh. C); Ord. 572-2021 § 1 (Exh. B); Ord. 563-2018 § 1 (Exh. A); Ord. 537-2014 § 1].

A. Purpose. The purpose of these standards are to add time, place, and manner regulations for marijuana facilities in accordance with OAR 333-008 and 845-025. All terminology shall have the same meaning as found in the OAR.

B. Marijuana dispensary and retail facilities are allowed in the C and CBD zones, provided all of the following are met:

1. Must be licensed or registered with the state of Oregon and must meet all provisions of Oregon law.

2. Must be located at least 1,000 feet from any park subject to the requirements of DMC 17.203.130, or public or private elementary, secondary, or parochial school attended primarily by minors, or from another marijuana dispensary or retail facility.

3. Drive-through service and walk-up service windows are prohibited.

4. Must be located in an enclosed permanent building.

5. The facility shall confine all marijuana odors and other objectionable odors to levels undetectable at the property line.

C. Nonretail Marijuana Facilities – Producers and Grow Sites, Processors, Wholesalers, Testing Laboratories, Research Certificate Facilities. These facilities are permitted as listed in Table 17.202.020, and are subject to the following standards:

1. Outdoor production facilities shall not be located within 100 feet of a residential zone.

2. Processors with an endorsement to extract are prohibited from locating within a commercial zone.

3. Facilities shall confine all marijuana odors and other objectionable odors to levels undetectable at the property line.

4. The floor area for nonretail marijuana facilities located in a commercial zone shall not exceed 5,000 square feet. [Ord. 545-2016 § 1; Ord. 539-2015 § 1].

A. Purpose. The purpose of these standards is to allow accessory dwelling units to diversify the housing choices in Dundee while also ensuring the scale is compatible with adjacent development.

B. Review Process. Accessory dwellings shall be processed as a Type I application.

C. Standards.

1. An ADU is only permitted on a lot with a single-family detached dwelling per Table 17.202.020.

2. An interior or attached accessory dwelling is permitted for existing single-family dwellings in the C and CDB zones that meet the requirements of DMC 17.203.190.

3. An accessory dwelling shall not exceed 900 square feet, or 50 percent of the primary dwelling’s floor area, whichever is smaller. An interior accessory dwelling that results from conversion of an existing level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling would be more than 900 square feet.

4. Design Standards. A separate entrance shall be provided for the ADU.

5. The accessory dwelling shall meet all applicable standards for the underlying zone. The maximum height allowed for a detached ADU is 20 feet. A detached ADU must meet setbacks for a principal structure in Table 17.202.030.

6. Recreational vehicles, motor vehicles, travel trailers and other forms of towable structures shall not be used as an accessory dwelling unit.

7. An accessory dwelling unit may not be used as a short-term rental.

8. Water and sanitary sewer connections shall either be new services to the city system, or connected to the primary structure based on building permit review of adequacy of water and sanitary pipe sizes. [Ord. 591-2025 § 2 (Exh. A § 10); Ord. 572-2021 § 1 (Exh. B); Ord. 563-2018 § 1 (Exh. A)].

Retail sales of goods produced on site, including sale of items incidental and related to such goods, are allowed for the following uses in the LI zone, provided all of the standards below are met: cement, glass, clay, and stone products manufacture; dairy products manufacture, e.g., butter, milk, cheese, ice cream; finished textile and leather products manufacture; food processing, including canning, freezing, drying and similar food processing and preserving; welding shop and blacksmith, conducted wholly within a building; and welding shop and blacksmith, conducted all or partially outdoors.

A. The floor area devoted to retail sales is small (less than 15 percent of the floor area, up to 1,500 square feet).

B. Outdoor uses shall be screened from adjoining residentially zoned properties in accordance with the provisions of DMC 17.302.060, Screening and buffering.

C. Additional parking is provided for the retail sales area per Table 17.304.040(C) for retail store use. [Ord. 565-2018 § 1 (Exh. A)].

A. Purpose. The purpose of these standards is to add time, place, and manner regulations for psilocybin facilities in accordance with OAR 333-333-100 through 333-333-8250. All terminology shall have the same meaning as found in the OAR.

B. Psilocybin service centers are allowed in the C and CBD zones, provided all of the following are met:

1. Must be licensed or registered with the state of Oregon and must meet all provisions of Oregon law.

2. Must be located at least 1,000 feet from the boundary of any public or private elementary, secondary, or parochial school.

“Elementary school”:

a. Means a learning institution containing any combination of grades kindergarten through eight.

b. Does not mean a learning institution that includes only pre-kindergarten, only kindergarten, or only a combination of pre-kindergarten and kindergarten.

“Secondary school” means a learning institution containing any combination of grades nine through 12 and includes junior high schools that have ninth grade.

3. Drive-through service and walk-up service windows are prohibited.

4. Must be located in an enclosed permanent building, except for approved outdoor administration areas.

5. Approved outdoor administration areas shall be screened by sight-obscuring fencing six feet in height and comply with DMC 17.202.050 as applicable.

6. Hours of Operation. 6:00 a.m. to 11:59 p.m.

7. Security Measures Required. Must comply with OAR 333-333-4550 through 333-333-4660.

8. Mobile or Temporary Businesses Prohibited. Psilocybin service centers may not be located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of materials is prohibited.

C. Psilocybin product manufacturers are allowed in the LI zone. These facilities are permitted as listed in Table 17.202.020 provided all of the following are met:

1. Must be licensed or registered with the state of Oregon and must meet all provisions of Oregon law.

2. Must be located at least 1,000 feet from the boundary of a public or private elementary, secondary, or parochial school.

“Elementary school”:

a. Means a learning institution containing any combination of grades kindergarten through eight.

b. Does not mean a learning institution that includes only pre-kindergarten, only kindergarten, or only a combination of pre-kindergarten and kindergarten.

“Secondary school” means a learning institution containing any combination of grades nine through 12 and includes junior high schools that have ninth grade.

3. Must be located in an enclosed permanent building.

4. Mobile or Temporary Businesses Prohibited. Psilocybin manufacturers may not be located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of materials is prohibited.

D. Psilocybin laboratories are allowed in the LI zone. These facilities are permitted as listed in Table 17.202.020 provided all of the following are met:

1. Must be licensed or registered with the state of Oregon and must meet all provisions of Oregon law.

2. Must be located at least 1,000 feet from the boundary of a public or private elementary, secondary, or parochial school.

“Elementary school”:

a. Means a learning institution containing any combination of grades kindergarten through eight.

b. Does not mean a learning institution that includes only pre-kindergarten, only kindergarten, or only a combination of pre-kindergarten and kindergarten.

“Secondary school” means a learning institution containing any combination of grades nine through 12 and includes junior high schools that have ninth grade.

3. Must be located in an enclosed permanent building.

4. Mobile or Temporary Businesses Prohibited. Psilocybin laboratories may not be located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of materials is prohibited.

E. Psilocybin waste shall comply with OAR 333-333-8000. [Ord. 588-2024 § 1 (Exh. A)].

Overlay zones implement comprehensive plan policies that recognize some special feature or circumstance in an area, such as a natural feature, a special hazard, or special design district. An overlay zone is a district that lies on top of the base zoning of an area. It is typically used to add additional design standards or restrictions beyond those required by the base zoning. [Ord. 521-2013 § 3 (Exh. A)].

Unless specifically modified by the overlay district, development within the boundaries of an overlay zone must meet both the requirements of the base zoning and the overlay zone. Overlay zone boundaries are depicted on the official zoning map, in the comprehensive plan, or as otherwise described herein. The overlay is designated by showing the base zone, followed by a slash then a two-letter abbreviation for the overlay, such as R-2/FP. Overlay zone boundaries may follow natural features, contours, or specified buffer distances rather than lot lines, so that an overlay zone may apply only to part of a development site. Where boundaries of an overlay zone are unclear, the city planning official shall use the procedure in DMC 17.201.020 to determine the boundary. The city planning official may rely on field measurements, surveys, or similar information to determine the boundaries. Boundary locations that are determined by information from other official sources are modified automatically when those official sources modify the boundary, such as when a letter of map amendment modifies a flood plain boundary. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The purpose of the flood plain overlay zone is to:

1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

3. Control the alteration of natural flood plains, stream channels and natural protective barriers, which help accommodate or channel flood waters.

4. Control filling, grading, dredging and other development, which may be subject to or increase flood damage.

5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

B. Applicability. This overlay applies to all new construction, substantial improvement, and flood plain development within the flood plain overlay.

1. For purposes of this overlay, new construction means structures for which the start of construction commenced on or after April 2, 2010.

2. For purposes of this overlay, substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

3. For purposes of this overlay, start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

C. Lands to Which This Overlay Applies. This overlay shall apply to all areas of special flood hazards within the jurisdiction of the city of Dundee, Yamhill County, Oregon.

D. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Yamhill County, Oregon and Incorporated Areas,” dated March 2, 2010, with accompanying Flood Insurance Rate Maps, is hereby referenced and declared to be a part of this code. The Flood Insurance Study is on file at the office of the Dundee city administrator, City Hall, Dundee, Oregon.

E. Warning and Disclaimer of Liability. The degree of flood protection required by this code is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This code shall not create liability on the part of the city of Dundee, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

F. Establishment of Flood Plain Development Permit. A flood plain development permit shall be obtained before construction or flood plain development begins within any area of special flood hazard established herein. The permit shall be for all buildings, gas or liquid storage tanks that are principally above ground, manufactured dwellings, recreational vehicles placed on the site for 180 consecutive days or more, fill and other activities. Specifically, the following information is required:

1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

2. Elevation in relation to mean sea level of flood-proofing in any structure;

3. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria herein; and

4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed flood plain development.

G. Designation of the Flood Plain Administrator. The city building official is hereby appointed to administer and implement this chapter by granting or denying flood plain development permit applications in accordance with its provisions.

H. Duties and Responsibilities of the Flood Plain Administrator. Duties of the flood plain administrator shall include, but not be limited to:

1. Permit Review.

a. Review all flood plain development permits to determine that the permit requirements of this section have been satisfied.

b. Review all flood plain development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

c. Review all flood plain development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection (J)(3)(a) of this section are met.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection (D) of this section, the flood plain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer this section.

3. Information to Be Obtained and Maintained.

a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basements and below grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement.

b. For all new or substantially improved flood-proofed structures:

i. Verify and record the actual elevation (in relation to mean sea level); and

ii. Maintain the flood-proofing certifications required in subsection (J) of this section.

4. Alteration of Watercourses.

a. Notify adjacent affected communities and the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

5. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 1910.6 of the rules and regulations of the National Flood Insurance Program (24 CFR 1909, etc.).

I. Variances. Variances hereto may be issued only in accordance with the guidelines specified in Section 60.6 of the rules and regulations of the National Flood Insurance Program.

J. Provisions for Flood Hazard Protection.

1. General Standards. In all areas of special flood hazards, the following standards are required:

a. Anchoring.

i. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

ii. All manufactured dwellings, or recreation vehicles placed on the site for 180 consecutive days or more, shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

(A) Over-the-top ties be provided at each of the four corners of the manufactured dwelling or recreational vehicle, with two additional ties per side at intermediate locations, with manufactured dwellings less than 50 feet long requiring one additional tie per side;

(B) Frame ties be provided at each corner of the manufactured dwelling or recreational vehicle with five additional ties per side at intermediate points, with manufactured dwellings less than 50 feet long requiring four additional ties per side;

(C) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

(D) Any addition to the manufactured dwelling or recreational vehicle shall be similarly anchored.

iii. An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the flood plain administrator that this standard has been met.

b. Construction Materials and Methods.

i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

iii. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

c. Utilities.

i. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

ii. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

iii. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

d. Subdivision Proposals.

i. All subdivision proposals shall be consistent with the need to minimize flood damage;

ii. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

iv. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

e. Review of Building Permits. Where elevation data is not available, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

2. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection (D) or (H)(2) of this section the following provisions are required:

a. Residential Construction.

i. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above base flood elevation.

ii. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(A) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(B) The bottom of all openings shall be no higher than one foot above grade.

(C) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.

b. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor as described in subsection (J)(2)(a) of this section, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

i. Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

iii. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Said certification shall be provided to the official as set forth in subsection (H)(3) of this section;

iv. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in subsection (J)(2)(b) of this section;

v. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

c. Manufactured Dwellings.

i. All manufactured dwellings to be placed or substantially improved on sites within the flood plain overlay and:

(A) Outside of a manufactured dwelling park, mobile home park, or manufactured home subdivision;

(B) In a new manufactured dwelling park, mobile home park, or manufactured home subdivision;

(C) In an expansion to an existing manufactured dwelling park, mobile home park, or manufactured home subdivision; or

(D) In an existing manufactured dwelling park, mobile home park, or manufactured home subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood;

shall be elevated on a permanent foundation such that the finished floor of the manufactured dwelling is elevated to a minimum of 18 inches above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

ii. Manufactured dwellings to be placed or substantially improved on sites within the flood plain overlay in an existing manufactured dwelling park, mobile home park, or manufactured home subdivision within Zones A1-30, AH, and AE on the community’s FIRM that are not subject to the above manufactured dwelling provisions shall be elevated so that either:

(A) The finished floor of the manufactured dwelling is elevated to a minimum of 18 inches above the base flood elevation; or

(B) The manufactured dwelling chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and is securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. All manufactured dwellings to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured dwelling is at or above the base flood elevation and is securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (J)(1)(a) of this section.

d. Recreational Vehicles. Recreational vehicles placed on sites within the flood plain overlay are required to either:

i. Be on the site for fewer than 180 consecutive days; and

ii. Be fully licensed and ready for highway use, on their wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

iii. The recreational vehicle must meet all the requirements for new construction, including the anchoring and elevation requirements.

3. Floodways. Located within areas of special flood hazard established in subsection (D) of this section are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

i. If subsection (J)(3)(a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection (J).

ii. New installation of manufactured dwellings is prohibited (2002 Oregon Manufactured Dwelling and Park Specialty Code). Manufactured dwellings may only be located in floodways according to one of the following conditions:

(A) If the manufactured dwelling already exists in the floodway, the placement was permitted at the time of the original installation, and the continued use is not a threat to life, health, property, or the general welfare of the public; or

(B) A new manufactured dwelling is replacing an existing manufactured dwelling whose original placement was permitted at the time of installation and the replacement home will not be a threat to life, health, property, or the general welfare of the public and it meets the following criteria:

(1) As required by 44 CFR Chapter 1, Subpart 60.3(d)(3), it must be demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the manufactured dwelling and any accessory buildings, accessory structures, or any property improvements (encroachments) will not result in any increase in flood levels during the occurrence of the base flood discharge;

(2) The replacement manufactured dwelling and any accessory buildings or accessory structures (encroachments) shall have the finished floor elevated a minimum of 18 inches (46 cm) above the BFE as identified on the Flood Insurance Rate Map;

(3) The replacement manufactured dwelling is placed and secured to a foundation support system designed by an Oregon professional engineer or architect and approved by the authority having jurisdiction;

(4) The replacement manufactured dwelling, its foundation supports, and any accessory buildings, accessory structures, or property improvements (encroachments) do not displace water to the degree that it causes a rise in the water level or diverts water in a manner that causes erosion or damage to other properties;

(5) The location of a replacement manufactured dwelling is allowed by the local planning department’s ordinances; and

(6) Any other requirements deemed necessary by the authority having jurisdiction. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The purpose of the GM (greenway management overlay) zone is to protect the natural, scenic, and recreation qualities of lands along the Willamette River in the city of Dundee; preserve and allow the restoration of historical sites, structures, and facilities along the Willamette River; implement the goals and policies of the state of Oregon’s Willamette River greenway program; implement goals and policies of the city of Dundee’s comprehensive plan; and establish standards and requirements for the use of lands within the Willamette River greenway.

B. Application. The provisions of this overlay zone shall apply to all lands within the Willamette River greenway boundary of the city of Dundee as shown on the official zoning map. The boundary is shown in detail on aerial photo maps on file with the Yamhill County planning division and the county recorder. Interpretation of the exact location of the boundary shall be made by the planning official from these photo maps.

C. Change of Use and Intensification. The following constitute a change of use and intensification for purposes of this section:

1. Change of Use. Making a different use of the land than that which existed on December 6, 1975. It includes a change which requires construction, alterations of the land, water or other areas outside of existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building or other structure, which does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building. Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use.

2. Intensification. Any additions that increase or expand the area or amount of an existing use or the level of activity. Remodeling of the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures, or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification for the purpose of this section. Seasonal increases in gravel operations shall not be considered an intensification of use.

D. Review of Uses. Within the GM (greenway management overlay) zone, a conditional use permit shall be required for all use changes, intensification of uses or site alteration on land or water otherwise permitted in the underlying zone except for the following activities which are not subject to review in this overlay zone:

1. Customary dredging and channel maintenance conducted under permits from the state of Oregon.

2. Seasonal increases in gravel operations as provided under permit from the state of Oregon.

3. The placing by a public agency of signs, markers, aids, etc., to serve the public.

4. Activities to protect, conserve, enhance, and maintain public recreational, scenic, historical and natural uses of public lands, identified in a public park master plan approved by the city council by order. If the responsible agency did not hold a public hearing prior to plan adoption, the city shall hold a hearing under the procedures for a conditional use permit and make findings that the criteria in this section are satisfied before approving a park plan.

5. Erosion control operations not requiring a permit from the division of state lands.

6. Farm uses.

7. Reasonable emergency procedures necessary for the safety or protection of property.

8. Maintenance and repair usual and necessary for the continuance of an existing use.

9. Landscaping, propagation of timber, construction of driveways, and the construction or placement of accessory structures other than guest houses; provided, that such activities are conducted in conjunction with uses already existing on the same property, are accomplished in a manner compatible with the purpose of this zone, and are located at least 30 feet upland from ordinary high water unless unusual site conditions are present. Setbacks are to be established on a case-by-case basis through the greenway development conditional use process.

10. The partial harvesting of timber in accordance with a plan approval under the Forest Practices Act on lands upland beyond the vegetative fringe.

11. Water intakes and utilities in conjunction with an agricultural use and single-family residences.

12. Private docks and wharfs, provided they are not more than two feet above water level, not more than 100 square feet in area, do not include any plumbing or electrical services, and there is not more than one such facility per property ownership.

E. Process.

1. A conditional use for development within the greenway management overlay zone shall be reviewed as a Type III action. The conditional use may be processed independently or in conjunction with other land use actions required for development of the property.

2. In addition to the submittal requirements for a conditional use application, the applicant shall supply the following:

a. Plot plan showing the following:

i. The area of the proposed use or activity.

ii. The proximity of the activity to the Willamette River at low and high water level and the location of the top of the terrace bank.

iii. The location of any existing vegetative fringe along the river bank or other significant vegetation.

b. Statements, drawings, or photos of the proposed external appearance of proposed activity as viewed from the river.

c. Statements demonstrating compliance with the provisions of this zone.

d. Any additional information determined by the planning official to be necessary to demonstrate compliance with this zone.

F. Review Standards and Criteria. A conditional use permit within the greenway management overlay zone shall require compliance with the following decision criteria:

1. Significant fish and wildlife habitats shall be protected.

2. Significant natural and scenic areas, viewpoints and vistas shall be preserved.

3. Areas of ecological, scientific, historical or archeological significance shall be protected, preserved, restored, or enhanced to the maximum extent possible.

4. The quality of the air, water, and land resources in and adjacent to the greenway shall be preserved in the development, change of use or intensification of use of land within the greenway management zone.

5. Areas of annual flooding, flood plains, and wetlands shall be preserved in their natural state to the maximum possible extent to protect water retention, overflow and other natural functions.

6. The natural vegetative fringe along the river shall be maintained to the maximum extent that is practical in order to assure scenic quality, protection of wildlife, protection from erosion, and screening of uses from the river.

7. Only partial harvesting of timber shall be allowed. It shall be conducted in a manner consistent with the requirements under the Forest Practices Act. Wildlife habitat and the natural scenic qualities of the greenway shall be maintained or be restored. The extent or type of harvest shall be limited as necessary to satisfy the appropriate standards and criteria in this subsection. Harvesting shall only occur beyond the vegetative fringe.

8. The proposed development, change, or intensification of use is compatible with existing uses on the site and the surrounding area.

9. Areas considered for development, change, or intensification of use which have erosion potential shall be protected from loss by appropriate means, which are compatible with the provisions of the greenway management zone.

10. Extraction of aggregate deposits shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise and safety and to guarantee necessary reclamation.

11. Any public recreational use or facility shall not substantially interfere with the established uses on adjoining property.

12. Maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable.

13. Except for water-related and water-dependent buildings and structures, buildings and structures shall be located 30 feet or more upland from the ordinary high water line unless it can be shown that the parcel size makes meeting this requirement impossible, or significant natural features would be lost if the standard is met.

14. Public access to and along the river shall be provided in conjunction with subdivision, commercial and industrial development, and public lands acquisition where appropriate. This access should be located and designed to minimize trespass and other adverse effects on adjoining property.

15. The development shall be directed away from the river to the greatest possible extent.

16. The development, change, or intensification of use shall provide the maximum possible landscaped area, open space, or vegetation between the activity and the river.

17. Private docks and wharfs shall be limited to one per property ownership, and shall be limited to 150 square feet of gross area per property served. Walkways to the dock or wharf shall be not more than five feet wide. When approving covered storage, subsections (F)(2), (3), (5), and (7) of this section shall be considered. Covered storage facilities shall not extend more than 10 feet above water level and shall be designed and painted to blend into the natural environment as much as possible.

G. Notice of Decision. In addition to notice required in DMC Division 17.400, notice of a decision approving conditional uses in the greenway management overlay zone shall be sent to the Oregon Parks and Recreation Department in the same manner as required in DMC Division 17.400, except notice shall be provided by certified mail. [Ord. 521-2013 § 3 (Exh. A)].

Repealed by Ord. 534-2014. [Ord. 521-2013 § 3 (Exh. A)].

A. Purpose. The purpose of the RC (riparian corridor overlay) zone is protecting and restoring the hydrologic, ecological, and land conservation functions these areas provide in the city of Dundee; implement policies of the state of Oregon’s Goal 6 for air, land and resource quality; implement the goals and policies of the city of Dundee’s comprehensive plan; and establish standards and requirements for the use of land within the riparian corridors.

Riparian corridors support valuable fish and wildlife habitat; improve water quality by regulating stream temperatures, trapping sediment, and stabilizing streambanks; and reduce the effects of flooding. A healthy riparian corridor is comprised of a multi-storied forest of native species of trees, shrubs, and ground cover. Many riparian corridors in Dundee have been impacted by clearing native vegetation and have the potential to be restored to higher function and value.

The designation of lands within this overlay is used to provide reasonable regulation of development in or adjacent to riparian corridors. This overlay does not provide for or authorize public access to private properties designated within this overlay. Additionally, the provisions of this overlay do not provide measures for the public acquisition of private property.

B. Applicability. The provisions of the RC overlay zone shall apply to all lands with designated riparian corridor boundaries of the city of Dundee as shown on the official zoning map. The boundary is established based on City of Dundee Riparian Protection Areas of the Riparian Inventory – City of Dundee dated February 22, 2024 (Pacific Habitat Services, Inc.), Figure A.

The regulations of this chapter apply to the portion of any parcel, lot, tract, or development site which is within an RC overlay. Unless specifically exempted by subsection (C) of this section, these regulations apply to the following:

1. New structures, additions, accessory structures, decks, addition of concrete or other impervious surfaces;

2. Any action requiring a development permit by this code;

3. Changing of topography by filling or grading;

4. Installation or expansion of utilities, both area and local, including but not limited to phone, cable TV, electrical, wastewater, stormwater, water or other utilities;

5. Installation or expansion of transportation facilities and improvements, including but not limited to streets, pathways, bridges, or other physical improvements which alter the lands within the riparian corridor overlay;

6. Removal of vegetation, both invasive and noninvasive.

C. Activities Exempt From These Regulations.

1. Emergency procedures or emergency activities undertaken by public or private parties which are necessary for the protection of public health, safety and welfare.

2. Maintenance and repair of buildings, structures, yards, gardens or other activities or uses that were in existence prior to the effective date of the ordinance codified in these regulations.

3. Alterations of buildings or accessory structures which do not increase building coverage in the RC overlay zone.

4. The expansion of an existing structure, building, improvements, or accessory structures, provided the expansion is located completely outside of the riparian corridor overlay.

5. The following agricultural activities regulated by the Oregon Department of Agriculture lawfully in existence as of August 6, 2024:

a. Mowing of hay, grass or grain crops.

b. Tilling, discing, planting, seeding, harvesting and related activities for pasture, trees, food crops or business crops; provided, that no additional lands within the riparian corridor are converted to these uses.

6. Operation, maintenance and repair of existing drainage ditches, ponds, wastewater facilities, stormwater detention or retention facilities, and water treatment facilities.

7. Maintenance of existing transportation facilities and improvements, and utilities.

8. Maintenance of any public improvement or public recreational area.

9. Measures to remove or abate hazards and nuisances or diseased trees.

10. Roadway and related improvements associated with a final alignment of the Newberg-Dundee bypass road project.

11. Utilities installed above or below existing street rights-of-way.

12. Utility services using an existing pole or installation of other utilities where no more than 100 square feet of ground area is disturbed, no native trees are removed, and the area is replanted to preconstruction conditions using native plants approved by the city of Dundee.

13. Utility services within existing access roads or other previously improved areas where the utility service can be installed without expanding the previously improved area.

14. The removal of any plant identified on the Dundee Invasive Species Plant List as an invasive plant in Table 1, or if required by the Oregon Department of Agriculture, as long as the plants are replaced with mitigation planting material in Table 2.

15. The planting or propagation of any plant or tree identified as mitigation planting material in Table 2 prior to planting or propagation.

16. Where a greenway management overlay (GM) includes a riparian corridor overlay (RC) uses allowed by DMC 17.204.040 are allowed in the riparian corridor overlay.

D. Process.

1. Riparian corridor (RC) applications shall be reviewed through a Type II process.

2. A riparian corridor (RC) application may be processed independently or in conjunction with other land use actions required for development or improvements of a parcel, lot, tract, or property.

3. The applicant shall supply the following:

a. Plot plan drawn to scale showing the following:

i. The riparian corridor boundary based on a survey from the riparian corridor sensitive area.

ii. The area and location of the proposed use or activity.

iii. The location of existing vegetation, including trees and shrubs, along the riparian corridor.

iv. Existing topography within the riparian corridor.

v. Location of the sensitive area within the riparian corridor.

vi. Location of special flood hazard areas.

vii. Existing transportation facilities and improvements or utilities.

b. Statements demonstrating compliance with subsection (E) of this section.

c. A planting plan if vegetation enhancements to the riparian corridor are proposed or required in accordance with subsection (G) of this section.

E. Review Criteria. A riparian corridor overlay shall require compliance with the following decision criteria:

1. Clear and objective review path shall follow this subsection (E)(1) for development activities not encroaching into the riparian corridor.

a. A written narrative and drawings shall be provided that respond to the following:

i. Development outside of the riparian corridor, but not encroaching into the riparian corridor, shall identify the location of the boundary per subsection (D)(3) of this section and identify that no development activities are identified within the riparian corridor.

ii. Development shall follow the underlying regulations that apply in this title.

iii. Fencing shall not be placed within the riparian corridor. Fencing may be placed at the outer edge of the riparian corridor. Fencing shall comply with DMC 17.202.050. A gate shall be provided for maintenance access if the riparian corridor is part of the lot to be created or developed. If the riparian corridor is established as a separate tract as part of a land division no gate is required.

iv. No littering, waste, refuse, garbage, or rubbish is allowed in the riparian corridor in compliance with Chapter 8.08 DMC, Littering, and Chapter 8.16 DMC, Nuisances.

v. Erosion control shall be provided as required by Improvement Design Standards, City of Dundee, OR, Division 6: Erosion Control.

2. Subjective path review shall follow this subsection (E)(2) for development activities encroaching into a riparian corridor.

a. A written narrative and drawings shall be provided that respond to the following:

i. Development encroaching into the riparian corridor shall identify the location of the boundary per subsection (D)(3) of this section and identify the area of encroachment per subsection (G) of this section.

ii. Development outside of a reduced width riparian corridor shall follow the underlying regulations that apply in this title.

iii. Fencing shall not be placed within the riparian corridor. Fencing may be placed at the outer edge of the corridor width reduction area of the riparian corridor. Fencing shall comply with DMC 17.202.050. A gate shall be provided for maintenance access if the riparian corridor is part of the lot to be created or developed. If the riparian corridor is established as a separate tract as part of a land division no gate is required.

iv. No littering, waste, refuse, garbage, or rubbish is allowed in the riparian corridor in compliance with Chapter 8.08 DMC, Littering, and Chapter 8.16 DMC, Nuisances.

v. Erosion control shall be provided as required by Improvement Design Standards, City of Dundee, OR, Division 6: Erosion Control.

vi. Determination of the amount of riparian corridor width reduction shall comply with subsection (G) of this section and take into consideration the following:

(A) The quality of the air, water, land resources and protection of beneficial uses of water resources in and adjacent to the riparian corridor shall be preserved in the development of use of the land within the riparian corridor zone to the maximum extent practicable.

(B) Areas of annual flooding, flood plains, and wetlands shall be preserved in their natural state to the maximum possible extent to protect water retention, overflow and other natural functions.

(C) The natural vegetative fringe along the riparian corridor should be maintained to the maximum extent that is practical in order to assure water quality, protection of wildlife, and protection from erosion.

(D) The proposed development, change, or intensification of use is compatible with existing zoning on the site and the surrounding area.

(E) Any public recreational use or facility shall not substantially interfere with the established uses on adjoining property.

(F) The development shall be directed away from the riparian corridor to the greatest possible extent.

(G) The development, change, or intensification of use shall provide the maximum possible landscaped area, open space, or vegetation between the activity and the riparian corridor.

b. Maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable.

c. Public access to, along or through the riparian corridor may be provided in conjunction with subdivision, partition, residential, commercial and industrial development, and public lands acquisition where appropriate. This access should be located and designed to minimize trespass and other adverse effects on adjoining property and the riparian corridor.

F. Landscape Credit. Enhancement of the riparian corridor with trees, shrubs, herbs, and grasses listed in this section for development requiring landscaping required per Chapter 17.302 DMC shall count as a 1:1 credit for the site’s required landscape percentage as long as all other requirements of Chapter 17.302 DMC are met.

G. Riparian Corridor Width Reduction, Mitigation and Planting.

1. The 50-foot riparian corridor measured from top of bank along riparian areas A, B and C may be reduced to a minimum of 25 feet with enhancement based on a ratio of one square foot of reduction for two square feet of enhancement and planted per subsections (G)(6)(a)(iii)(C)(1), (G)(6)(a)(iii)(D) and (G)(6)(a)(iii)(E) of this section.

2. The 75-foot buffer corridor measured from top of bank along the Willamette River may be reduced to a minimum of 50 feet with enhancement based on a ratio of one square foot of reduction for two square feet of enhancement and planted per subsections (G)(6)(a)(iii)(C)(1), (G)(6)(a)(iii)(D) and (G)(6)(a)(iii)(E) of this section.

3. Measurement of the riparian corridor for 50-foot and 75-foot shall be based on the method shown in Figure B.

4. Disturbed areas, other than authorized improvements, shall be regraded and contoured to appear natural. All fill material shall be native soil. Native soil may include soil associations commonly found within the vicinity, as identified from the USDA Natural Resources Conservation Service, Soil Survey of Yamhill Area, Oregon.

5. Mitigation planting material shall consist of the following:

a. See Table 2.

6. Replanting shall be required using a combination of trees, shrubs, herbs and ground cover native to riparian area. Species shall be approved by the city of Dundee. Planting shall be as follows:

a. Planting plans shall be required for development projects with riparian corridors. When a planting plan is required, four major components shall be addressed: hydrology, soils, plant materials, and maintenance. When developing planting plans, the following process shall be used:

i. Assess Hydrologic and Hydraulic Conditions.

(A) Determine the frequency and duration of water inundation, including appropriate elevations of the revegetation area. In some cases, current site conditions (i.e., wetland presence) will suffice.

(B) Assign appropriate hydrologic zones to the revegetation area and apply them to the plan. Most project sites include one or more of the following planting zones with respect to hydrology during the growing season:

(1) Wet: standing or flowing water/nearly constant saturation; anaerobic soils.

(2) Moist: periodically saturated; anaerobic and/or aerobic soils.

(3) Dry: infrequent inundation/saturation, if any; aerobic soils.

ii. Assess Soil Conditions and Assign Appropriate Preparation Specifications to Plans.

(A) Determine the organic content and nonnative, invasive seed bank likely in the soil. The conditions in riparian corridors vary greatly.

(B) For sites with at least one foot of native topsoil, but containing a nonnative, invasive seed bank or plants, add notes to the plan to remove the undesirable plants, roots, and seeds prior to planting.

(C) For sites with either disturbed and compacted soils or less than one foot of topsoil and invasive, nonnative seed bank or plants that have become established, the following notes shall be added to the plan:

(1) Remove the undesirable plants, roots, and seeds prior to adding topsoil.

(2) Till the sub-grade in these areas to a depth of at least four inches and add at least 12 inches of clean compost-amended topsoil. The compost-amended topsoil shall have the following characteristics to ensure a good growing medium:

(a) Texture: material passes through one-inch screen.

(b) Fertility: 35 percent organic matter.

(3) In the event of floodplain grading, over-excavate the sub-grade to ensure 12 inches of topsoil can be applied without impacting surface water elevations.

(D) For wet areas in riparian corridors the soil conditions shall be hydric or graded to hold sufficient water to promote hydric soil formation. The addition of organic muck soil will improve plant establishment for some bulbs and tubers.

(E) Where appropriate and necessary for erosion control or to enhance organic matter, leaf compost may be placed uniformly on topsoil (Improvement Design Standards, City of Dundee, OR, Division 6: Erosion Control). Other amendments, conditioners, and bio-amendments may be added as needed to support the specified plants or adjust the soil pH. Traditional fertilization techniques (applying N-P-K) are not necessary for native plants.

iii. Identify Plants to Be Preserved, Select Revegetation Plant Materials, Quantities, Placement, and Assign Planting Zones and Specifications to Plans.

(A) Preservation. Every effort shall be made to protect a site’s existing native vegetation. Native vegetation along riparian corridors shall be retained to the maximum extent practicable.

(B) Selection. Plant selection shall be from a native species palette and shall consider site soil types, hydrologic conditions, and shade requirements. Containerized or bare root plants may be used. A list of common native plant community types appropriate for planting riparian corridors is provided in Table 2. Unless approved by city staff, planting restrictions are limited to the following:

(1) Deep rooting trees and shrubs (e.g., willow) shall not be planted on top of concrete pipes, or within 10 feet of retaining walls, inlet/outlet structures or other culverts; and

(2) Large trees or shrubs shall not be planted on berms over four feet tall that impound water. Small trees or shrubs with fibrous root systems may be installed on berms that impound water and are less than four feet tall.

(C) Quantities.

(1) Vegetated Corridors and Sensitive Areas. Trees and shrubs shall be planted using the following equations to achieve the specified densities on a per acre basis:

(a) Total number of trees per acre = area in square feet x 0.01.

(b) Total number of shrubs per acre = area in square feet x 0.05.

(c) Groundcover = plant and seed to achieve 100 percent areal coverage.

(D) Size. Potted plants shall follow size requirements outlined in Table 2. Bare root plants shall be 12 to 16 inches long.

(E) Placement. Plant placement shall be consistent with naturally occurring plant communities. Trees and shrubs shall be placed in singles or clusters of the same species to provide a natural planting scheme. This arrangement may follow curved rows to facilitate maintenance. Distribution and relative abundance shall be dependent on the plant species and on the size of the revegetation area. The riparian corridor revegetation area shall be overseeded with native seed mixes appropriate to the plant community and hydrologic zone of the site (see Table 2: Plant Communities for Revegetation). Plant placement and seeding shall promote maximum vegetative cover to minimize weed establishment.

iv. Determine Plant Installation Requirements and Assign Specifications to Plans.

(A) Timing. Containerized stock shall be installed only from February 1st through May 1st and October 1st through November 15th. Bare root stock shall be installed only from December 15th through April 15th. Plantings outside these times may require additional measures to ensure survival which shall be specified on the plans.

(B) Erosion Control. Grading, soil preparation, and seeding shall be performed during optimal weather conditions and at low flow levels to minimize sediment impacts. Site disturbance shall be minimized and desirable vegetation retained, where possible. Slopes shall be graded to support the establishment of vegetation. Where seeding is used for erosion control, an appropriate native grass, Regreen (or its equivalent), or sterile wheat shall be used to stabilize slopes until permanent vegetation is established. Biodegradable fabrics (coir, coconut or approved jute matting (minimum one-quarter-inch square holes)) may be used to stabilize slopes and channels. Fabrics such as burlap may be used to secure plant plugs in place and to discourage floating upon inundation. No plastic mesh that can entangle wildlife is permitted. Consult Improvement Design Standards, Division 6 – Erosion Control for additional information.

(C) Mulching. Trees, shrubs, and groundcovers planted in upland areas shall be mulched a minimum of three inches in depth and 18 inches in diameter, to retain moisture and discourage weed growth around newly installed plant material. Appropriate mulches are made from composted bark or leaves that have not been chemically treated. The use of mulch in frequently inundated areas shall be limited, to avoid any possible water quality impacts including the leaching of tannins and nutrients, and the migration of mulch into waterways.

(D) Plant Protection From Wildlife. Depending on site conditions, appropriate measures shall be taken to limit wildlife-related damage.

(E) Irrigation. Appropriate plant selection, along with adequate site preparation and maintenance, reduces the need for irrigation. However, unless site hydrology is currently adequate, a city approved irrigation system or equivalent (i.e., polymer, plus watering) shall be used during the two-year plant establishment period. Watering shall be at a minimum rate of at least one inch per week from June 15th through October 15th. Other irrigation techniques, such as deep watering, may be allowed with prior approval by city staff.

(F) Access. Maintenance access for plant maintenance shall be provided for riparian corridors.

v. Determine Plant Monitoring and Maintenance Requirements.

(A) Monitoring. Site visits are necessary throughout the growing season to assess the status of the plantings, irrigation, mulching, etc., and ensure successful revegetation.

(B) Weed Control. The removal of nonnative, invasive weeds shall be necessary throughout the maintenance period, or until a healthy stand of desirable vegetation is established.

(C) Plant Replacement and Preservation. Installed plants that fail to meet the acceptance criteria shall be replaced during the maintenance period. Prior to replacement, the cause of loss (wildlife damage, poor plant stock, etc.) shall be documented with a description of the corrective actions taken.

vi. Prepare Construction Documents and Specifications. The construction documents and specifications shall include:

(A) Sensitive area and riparian corridor boundaries including limits of approved, temporary construction encroachment. Orange construction fencing shall be noted at riparian corridor boundaries as well as at encroachment limits during construction. Note permanent type fencing and signage between the development and the riparian corridor for project completion is required.

(B) Site preparation plan and specifications, including limits of clearing, existing plants and trees to be preserved, and methods for removal and control of invasive, nonnative species, and location and depth of topsoil and/or compost to be added to revegetation area.

(C) Planting plan and specifications, including all of the following:

(1) Planting table that documents the common name, scientific name, distribution (zone and spacing), condition and size of plantings.

(2) Installation methods for plant materials.

(3) Mulching.

(4) Plant tagging for identification.

(5) Plant protection.

(6) Seeding mix, methods, rates, and areas.

(D) Irrigation plan and specifications, including identification of water source, watering timing and frequency, and maintenance of the system.

(E) Maintenance schedule; including responsible party and contact information, dates of inspection (minimum three per growing season and one prior to onset of growing season) and estimated maintenance schedule (as necessary) over the two-year monitoring period.

(F) Easement descriptions for all riparian corridor and sensitive areas that are required as part of the development.

(G) Good rated corridor notes, i.e., invasive species removal resulting in cleared areas exceeding 25 square feet shall be replanted with native vegetation.

(H) Access points for installation and maintenance including vehicle access if available.

(I) Standard drawing details (north arrow, scale bar, property boundaries, project name, drawing date, name of designer and property owner).

7. All disturbed areas, other than authorized improvements, shall be replanted to achieve 90 percent cover in two years. The planning official may require a bond or other form of security instrument to insure completion of the mitigation restoration plan. The planning official shall authorize the release of the bond or other security instrument when, after the two-year period, the mitigation restoration site has achieved the purposes and standards of this section.

8. All disturbed areas shall be protected with erosion control devices prior to construction activity. The erosion control devices shall remain in place until 90 percent cover is achieved.

9. All restoration work must occur within the RC overlay and be on the same property.

vii. Violations. Violations and enforcement of this chapter are regulated by DMC 17.105.010, Violations. [Ord. 586-2024 § 1 (Exh. A)].