Chapter 17.203 SPECIAL USE STANDARDS

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)].

17.203.020 Applicability.

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)].

17.203.030 Review process.

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)].

17.203.040 Automobile service stations.

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)].

17.203.050 Bed and breakfast inn in residential zones.

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)].

17.203.060 Retail small-scale winery, brewery, or distillery in a commercial zone.

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)].

17.203.070 Drive-through service and walk-up service windows.

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)].

17.203.080 Two-family (duplex) dwellings.

Duplexes shall comply with all of the following requirements:

A. Distribution. In the R-2 zone, not more than three duplexes shall be located on any two contiguous blocks.

B. Orientation. Every duplex shall be designed with its primary entrance oriented to an adjacent street, or where it is impractical to orient a primary entrance to a street, the surface area of the building elevation facing the street shall be comprised of not less than 20 percent windows. The planning official may waive this standard where a proposed duplex is not located adjacent to a street but is oriented to an open space or common area; provided, that any elevation facing a street shall meet the foregoing standard for windows.

C. Materials. Duplexes shall have exterior materials (siding, roofing, windows and trim) that are the same as or similar to the materials used on adjacent single-family dwellings, except that the planning official may waive this standard where the materials used on adjacent single-family dwellings are of inferior quality to those the applicant proposes. [Ord. 521-2013 § 3 (Exh. A)].

17.203.090 Home occupations.

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)].

17.203.100 Manufactured homes sited on individual lots.

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)].

17.203.110 Manufactured dwelling parks and mobile home parks.

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)].

17.203.120 Multifamily development standards.

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

17.203.130 Park and open space (PO) zone master plans.

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)].

17.203.140 Outdoor/unenclosed uses.

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 or duplex residential 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 (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 (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. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

17.203.150 Small-scale manufacturing in the community commercial zone.

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)].

17.203.160 Temporary uses.

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)].

17.203.170 Wireless communication facilities.

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)].

17.203.180 Uses in exclusive farm use zone.

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)].

17.203.190 Existing dwellings in commercial zones.

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)].

17.203.200 Ground floor multifamily dwellings and residential care facilities in commercial zones.

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)].

17.203.210 Parking facilities.

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)].

17.203.220 Small-scale amusement and recreation facilities in commercial zones.

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)].

17.203.230 Personal storage in the community commercial zone.

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)].

17.203.240 Short-term rentals.

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].

17.203.250 Marijuana facilities.

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].

17.203.260 Accessory dwelling unit (ADU).

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. Exterior finish materials must visually match the exterior finish materials of the primary dwelling in type, size, and placement.

b. If the street facing facade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the primary dwelling.

c. 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. In addition to the number of parking spaces required for the primary residence, as established in DMC 17.304.040(C), one off-street parking space pursuant to DMC 17.304.040 must be provided for each bedroom of the accessory dwelling unit. Units without a separate bedroom are considered one bedroom. Parking spaces shall be paved and/or covered. [Ord. 572-2021 § 1 (Exh. B); Ord. 563-2018 § 1 (Exh. A)].

17.203.270 Accessory uses in the LI zone.

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)].

17.203.280 Psilocybin facilities.

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)].