Chapter 17.204 OVERLAY ZONES

Chapter 17.204
OVERLAY ZONES

Sections:

17.204.010 Purpose.

17.204.020 Applicability.

17.204.030 Flood plain overlay (FP).

17.204.040 Greenway management overlay (GM).

17.204.050 Repealed.

17.204.060 Riparian corridor overlay (RC).

17.204.010 Purpose.

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)].

17.204.020 Applicability.

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)].

17.204.030 Flood plain overlay (FP).

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;

(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;

(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)].

17.204.040 Greenway management overlay (GM).

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)].

17.204.050 Commercial Victorian overlay (CV).

Repealed by Ord. 534-2014.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

17.204.060 Riparian corridor overlay (RC).

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.

Table 1

INVASIVE SPECIES PLANT LIST
Common Name	Scientific Name
Himalayan or Evergreen Blackberry	Rubis discolor, lacinatus
Reed Canarygrass	Phalaris arundinacea
Teasel	Dipsacus fullonum
Canada or Bull Thistle	Cirsium sp.
Scotch Broom	Cytisus scoparius
Purple Loosestrife	Lythrum salicaria
Japanese Knotweed	Polygonum cuspidatrum
Morning Glory	Convolvulus sp.
Giant Hogweed	Heracleum
English Ivy	Hedera helex
Nightshade	Solanum sp.
Clematis	Clematis ligusticifolia and C. vitabla
Poison Oak	Rhus diversiloba

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.

(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.

(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.

(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.

Table 2

PLANT COMMUNITIES FOR REVEGETATION
Plant Communities	Plant Category	Water Requirements	Light Requirements	Minimum Rooting Size	Minimum Plant Height	Spacing Format
Riparian Forest (RF)
Red alder (Alnus rubra)	Tree	Moist	Sun	1 gal	3'	Single
Western red cedar (Thuja plicata)	Tree	Moist	Sun	2 gal	2'	Single
Red elderberry (Sambucus racemosa)	Shrub	Moist	Part	1 gal	1.5'	Single
Black twinberry (Lonicera involcrata)	Shrub	Moist	Part	1 gal	1.5'	Single
Red-osier dogwood (Cornus stoniferia)	Shrub	Wet	Part	1 gal	2'	Cluster
Indian plum (Oemleris cerasiformis)	Shrub	Moist	Shade	2 gal	2'	Cluster
Swamp rose (Rosa pisocarpa)	Shrub	Moist	Part	1 gal	1.5'	Cluster
Pacific ninebark (Pysocarpus capitatus)	Shrub	Moist	Shade	1 gal	2"	Single
Snowberry (Symphoricarpos albus)	Shrub	Dry	Part	1 gal	1.5'	Cluster
Salmonberry (Rubus spectabilis)	Shrub	Moist	Shade	1 gal	1.5'	Cluster
Maidenhair fern (Adiatum aleuticum)	Herb	Moist	Shade	4"	na	Cluster
Lady fern (Athyrium filix-femina)	Herb	Moist	Shade	1 gal	na	Cluster
Skunk cabbage (Lysichiton americanum)	Herb	Wet	Shade	Bulbs	na	Cluster
False lily-of-the-valley (Maianthemum dilatatum)	Herb	Moist	Shade	Bulbs, 4"	na	Cluster
Candy flower (Claytonia sibirica)	Herb	Moist	Shade	4"	na	Cluster
Miners lettuce (Montia perfoliata)	Herb	Moist	Shade	4"	na	Cluster
Stream violet (Viola glabella)	Herb	Moist	Shade	4"	na	Cluster
Youth-on-age (Tolmiea menziesii)	Herb	Moist	Shade	4"	na	Cluster
Insideout flower (Vancouveria hexandra)	Herb	Moist	Shade	4"	na	Cluster
Dewey’s sedge (Carex deweyana)	Herb	Dry	Shade	Plugs, 4"	4"	Mass
Hair bentgrass (Agrostis scabra)	Grass	Moist	Part	Seed	na	Mass
Spike bentgrass (Agrostis exarata)	Grass	Moist	Part	Seed	na	Mass
Tall manna-grass (Glyceria elata)	Grass	Moist	Part	Seed	na	Mass

Upland Forest (UF)
Red alder (Alnus rubra)	Tree	Moist	Sun	1 gal	3'	Single
Big leaf maple (Acer macrophyllum)	Tree	Dry	Sun	2 gal	3'	Single
Douglas fir (Pseudotsuga menziesii)	Tree	Dry	Sun	2 gal	3'	Single
Grand fir (Abies grandis)	Tree	Dry	Sun	2 gal	2'	Single
Pacific yew (Taxus brevifolia)	Tree	Moist	Shade	2 gal	2'	Single
Cascara (Rhamnus purshiana)	Tree	Dry	Part	2 gal	2'	Single
Pacific dogwood (Cornus nuttallii)	Tree	Moist	Shade	1 gal	2'	Single
Bitter cherry (Prunus emarginata)	Tree	Moist	Part	2 gal	2'	Single
Vine maple (Acer circinatum)	Tree	Moist	Part	2 gal	2'	Single
Oceanspray (Holodiscus discolor)	Shrub	Dry	Sun	1 gal	1.5'	Single
Red elderberry (Sambucus racemosa)	Shrub	Moist	Part	1 gal	1.5'	Single
Red flowering currant (Ribes sanguineum)	Shrub	Dry	Sun	1 gal	1.5'	Cluster
Cascade Oregon grape (Mahonia nervosa)	Shrub	Moist	Part	1 gal	4"	Cluster
Tall Oregon grape (Mahonia aquifolium)	Shrub	Dry	Sun	1 gal	6"	Single
Red huckleberry (Vaccinium parvifolium)	Shrub	Moist	Shade	1 gal	1.5'	Cluster
Thimbleberry (Rubus pariflorus)	Shrub	Moist	Shade	1 gal	1.5'	Cluster
Snowberry (symphoricarpos albus)	Shrub	Dry	Part	1 gal	1.5'	Cluster
Baldhip rose (Rosa gymnocarpa)	Shrub	Dry	Part	1 gal	1.5'	Cluster
Serviceberry (Almelanchier alnifolia)	Shrub	Dry	Part	2 gal	2'	Single
Sword fern (Polystichum munitum)	Shrub	Moist	Shade	2 gal	na	Cluster
Deer fern (Blechnum spicant)	Herb	Moist	Shade	1 gal	na	Cluster
Orange honeysuckle (Lonicera ciliosa)	Herb	Moist	Shade	2 gal	na	Single
Salal (Gaultheria shallon)	Herb	Moist	Part	1 gal	4"	Cluster
Wood strawberry (Fragaria vesca)	Herb	Moist	Shade	4"	na	Cluster
Western trillium (Trillium ovatum)	Herb	Moist	Shade	4"	na	Cluster
Five-stemmed mitrewort (Mitella pentandra)	Herb	Moist	Shade	1 gal	na	Cluster
Red columbine (Aquilegia formosa)	Herb	Dry	Part	4"	na	Cluster
False Solomon’s seal (Smilacina racemosa)	Herb	Moist	Shade	4"	na	Cluster
Native California brome (Bromus carinatus)	Grass	Dry	Sun	Seed	na	Mass
Blue wildrye (Elymus glaucus)	Grass	Dry	Part	Seed	na	Mass

vii. Violations. Violations and enforcement of this chapter are regulated by DMC 17.105.010, Violations. [Ord. 586-2024 § 1 (Exh. A)].