TABLE OF CONTENTS Zoning Ordinance No. NS-1178

Transcription

TABLE OF CONTENTS
Zoning Ordinance No. NS-1178
Page
Section 1
Title
10.10.1
Section 2
Purpose
10.10.1
Section 3
Compliance with Ordinance Provisions
10.10.3
Section 4
Definitions
10.10.4
Section 5
Classification of Zones
10.10.5
Section 6
Application of Regulations to Zones
10.10.6
Section 7
Zoning Map
10.10.7
Section 8
Interpretation of Zone Boundaries
10.10.8
Section 9
Zoning of Annexed Areas
10.10.9
Section 9A
Urban Area Reserve Zone (UAR-10)
10.10.9A
Section 9B
Surface Mining Zone (SM)
10.10.9B
Section 9C
Suburban Low Density Residential Zone (SR 2 ½)
10.10.9C
Section 9D
Urban Low Density Residential Zone (RL)
10.10.9D
Section 10
Urban Standard Residential Zone (RS)
10.10.10
Section 11
Urban Medium Density Residential Zone (RM)
10.10.11
Section 11A
Urban Medium-10 Residential Zone (RM-10)
Section 12
Urban High Density Residential Zone (RH)
10.10.12
Section 13
Neighborhood Commercial Zone (CN)
10.10.13
Section 14
Convenience Commercial Zone (CC)
10.10.14
Section 15
Limited Commercial Zone (CL)
10.10.15
Section 16
Highway Commercial Zone (CH)
10.10.16
Section 17
General Commercial Zone (CG)
10.10.17
Section 18
Central Business Zone (CB)
10.10.18
Section 19
Industrial Park Zone (IP)
10.10.19
Section 20
Light Industrial Zone (IL)
10.10.20
Section 21
General Industrial Zone (IG)
10.10.21
Section 21A
Mixed-Use Riverfront Zone (MR)
10.10.11A
10.10.21A
Section 21B
Mixed Employment Zone (ME)
10.10.21B
Section 21C
Public Facilities Zone (PF)
10.10.21C
Section 21D
Professional Office Zone or PO Zone
10.10.21D
Section 22
Flood Plain Combining Zone (FP)
Section 22A
Waterway Overlay Zone
Section 22A.1 Riparian Corridor SubZone
10.10.22
10.10.22A
10.10.22A.1
Section 22A.2 Deschutes River Corridor Design Review Combining Zone 10.10.22A.2
Section 22A.3 River Corridor Areas of Special Interest SubZone
10.10.22A.3
Section 22A.4 Flood Plain Combining Zone
10.10.22A.4
Section 22B
Refinement Plan Overlay Zone
10.10.22B
Section 22C
Lava Ridge Refinement Plan Development Standards
10.10.22C
Section 22D
NorthWest Crossing Overlay Zone
10.10.22D
Section 22E
Dean Swift Refinement Plan Development Standards
10.10.22E
Section 22G
Medical Overlay Zone
10.10.22G
Section 23
Site Plan Approval
10.10.23
Section 23A Design Review
10.10.23A
Section 23B Lighting Ordinance
10.10.23B
Section 23C Design Standards for CB Zone
10.10.23C
Section 24
Off-street Parking and Loading
10.10.24
Section 25
Provisions Applying to Special Uses
10.10.25
Section 25A
Manufactured Homes
Section 26
Special Setback Provisions on Certain Streets
Section 26A
Solar Setbacks
10.10.26A
Section 26B
Solar Access Permit
10.10.26B
Section 26C
Upland Areas of Special Interest Overlay Zone
10.10.26C
Section 27
Interpretations and Exceptions
10.10.27
Section 28
Nonconforming Uses
10.10.28
Section 29
Conditional Use Permits
10.10.29
Section 30
Planned Unit Development Approval
10.10.30
Section 31
Variances
10.10.31
Section 32
Revocation of Permits or Variances
10.10.32
10.10.25A
10.10.26
Section 33
Amendments
10.10.33
Section 34
[Appeals] Repealed by Ord. No. NS-1556
Section 35
[Procedures] Repealed by Ord. No. NS-1556
Section 36
Enforcement and Penalties
10.10.36
Section 37
Severability and Validity
10.10.37
Section 38
Repealer
10.10.38
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10-10.2
ORDINANCE NO. NS-1178
ESTABLISHING ZONING REGULATIONS, PROVIDING PENALTIES FOR THE
VIOLATION THEREOF AND REPEALING ORDINANCE NS-796, AND ALL
AMENDMENTS THERETO.
TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS
Section 1. Title. This ordinance shall be known as the "Zoning Ordinance" of the City of Bend,
Oregon.
Section 2. Purpose.
(1)
This ordinance has been designed in accordance with the goals, policies and statements of
intent of the Bend Area General Plan, the officially enacted comprehensive plan for the City
of Bend and its environs. It is the general purpose of this ordinance, therefore, to provide
one of the principal means for implementation of the Bend Area General Plan.
(2)
This ordinance is designed to classify, designate and regulate the location and use of
buildings, structures and land for agricultural, residential, commercial industrial, or other
uses in appropriate places and for said purposes; to divide the City of Bend into districts of
such number, shape and area as may be deemed best suited to carry out these regulations and
provide for their enforcement; to encourage the most appropriate use of lands; to conserve
and preserve natural resources, to conserve and stabilize the value of property; to provide
adequate open spaces for light and air and prevention of fires; to prevent undue
concentrations of populations; to lessen congestion of streets; to facilitate adequate
provisions for community utilities such as transportation, water, sewerage, schools, parks
and other public requirements; and to promote the public health, safety and general welfare.
(3)
To regulate placement, height and bulk of buildings, and the placement and growth of
vegetation within the City to ensure access to solar energy by reasonable regulating interests
in property within the city, as authorized under ORS 215.044 and ORS 105.880 through
105.890, to promote and maximize the conservation of energy by preserving the option to
utilize solar energy and to implement the Bend Area General Plan Policies relating to solar
energy.
To encourage the design of new buildings, structures, and developments which use solar
energy and protect future options to use solar energy by protecting solar access.
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(4)
To further Oregon Land Use Goal Number 13 by promoting and maximizing energy
efficiency through encouraging the use of solar energy collectors through preserving the
option to utilize solar energy to implement Bend Area General Plan policy relating to solar
energy.
(5)
To promote the local health, safety, welfare, and economy by protecting to the extent
authorized by law, access of property holders to solar radiation and thereby encouraging the
construction and installation of solar energy collectors on local property.
(6)
To reduce reliance on energy sources that:
(a)
Pollute the air
(b)
Are subject to foreign control
(c)
Drain the local economy and provide no benefit in return
(d)
Are relatively more dangerous than solar energy.
[Section 2 amended by ORD. NS-1378 passed June 1, 1983, effective September 1, 1983]
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Section 3. Compliance with Ordinance Provisions. Except as provided in Section 28, no building or
other structure shall be constructed, improved, altered, enlarged or moved nor shall any use or
occupancy of premises within the City be commenced or changed, nor shall any condition of or upon
real property be caused or maintained, after the effective date of this ordinance, except in conformity
with conditions prescribed for each of the several zones established hereunder. It shall be unlawful
for any person, firm or corporation to erect, construct, establish, move into, alter, enlarge, or use, or
cause to be used, any building, structure, improvement or use of premises located in any zone
described in this ordinance contrary to the provisions of this ordinance. Where this ordinance
imposes greater restrictions than those imposed or required by other rules or regulations or
ordinances, the provisions of this ordinance shall control.
(1)
No building permit shall be issued unless all fees, including but not limited to sewer and
water connection fees, systems development fees and any reimbursement fees required by
City policy are paid.
[Section 3(1) added by ORD. NS-1372, passed 3-2-83.]
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Section 4. Definitions. As used in this ordinance, words in the present tense include the future; the
singular number includes the plural and the plural number includes the singular; unless the context
clearly indicates the contrary the work "shall" is mandatory and not discretionary; the word "may" is
permissive; the masculine gender includes the feminine and neuter; and the term "this ordinance"
shall be deemed to include the text of this ordinance and accompanying zoning maps and all
amendments hereafter made thereto. As used in this ordinance, unless the context requires
otherwise, the following words and phrases shall mean:
Abutting. Adjoining with a common boundary line, except that where two or more lots
adjoin only at a corner or corners, they shall not be considered as abutting unless the
common property line between the two parcels measures no less than 8 feet in a single
direction.
Access or Access Way. The place, means, or way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and egress to a property or use as required by this
ordinance.
Access Corridor. A separate travel way for pedestrians and bicyclists to minimize travel
distances within and between subdivisions, planned unit developments, residential areas and
commercial centers, major employment areas, transit stops, or within and between nearby
neighborhood activity centers such as schools, parks, and convenience shopping.
Accessory Structure or Use. A structure or use incidental, appropriate and subordinate to the
main structure or use on the same lot.
Adjacent. Near, close; for example, an Industrial Zone across the street or highway from a
Residential Zone shall be considered as "Adjacent."
Adult Bookstore. Any premises from which minors are excluded and in which the retail sale
of books, magazines, newspapers, movie films, devices, slides, or other photographic or
written reproductions is conducted as a principal use of the premises; or as an adjunct to
some other business activity, but which constitutes the primary or a major attraction to the
premises.
Adult Theatre. A building used for presenting an obscene performance for which an
admission is charged or is advertised as open to the general public. For the purpose of this
definition "obscene performance" shall have that meaning defined in ORS 167.060(6).
Alley. A public way not more than 20 feet wide affording only secondary means of access to
abutting property.
Altered. See "Structural Alteration."
Animal Hospital. A place where animals or pets are given medical or surgical treatment and
are cared for during the time of such treatment. Use as a kennel shall be limited to short-
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time boarding and shall be only incidental to such hospital use.
Apartment. A dwelling unit in a multiple-family building.
Approval Authority. The City Council, Planning Commission, City Hearings Officer, or
Planning Director or his designee.
Area of Special Flood Hazard. The land in the flood plain within Bend subject to a one
percent or greater chance of flooding in any given year. Designation on maps always
includes the letters A or V.
Auto-related/Auto-dependent use. The use serves motor vehicles and would not exist
without them, such as vehicle repair, gas station, car wash or auto and truck sales.
Automobile, Boat or Trailer Sales Lot. An open lot used for display, sale or rental of new or
used motor vehicles, boats or trailers in operative condition and where no repair work is
done.
Automobile Repair, Major. The general repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service including body, frame or fender straightening or
repairs; overall painting or paint shop.
Automobile Repair, Minor. Upholstering of, replacement of parts for, and motor service to
passenger cars and trucks not exceeding one and one-half tons capacity, but not including
any operation named under "Automobile Repair, Major", or any other similar operation
thereto.
Automobile Service Station, Filling Station. An establishment where fuels, oils, or
accessories for motor vehicles are dispensed, sold or offered for sale at retail only, and where
repair service is secondary.
Automobile Towing. An establishment where emergency towing equipment is kept along
with incidental, temporary and minor storage of vehicles and emergency repairs.
Automobile Wrecking. The dismantling or disassembling of motor vehicles or trailers, or
the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked
vehicles, or their parts. Two or more dismantled, obsolete or inoperable motor vehicles or
parts thereof on one lot shall constitute a wrecking yard.
Babysitter. A person who provides day care services for children in the home of the babysitter for not more than five children for eight or more hours in a 24 hour period, as a home
occupation.
Bank-Full Stage. The elevation at which water overflows the natural banks of a stream,
river, or lake and begins to inundate the upland. In the absence of physical evidence, the
two-year reoccurrence interval flood elevation may be used to approximate bank-full stage.
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Base Flood. The flood having a one percent chance of being equalled or exceeded in any
given year. Also referred to as the "100-year flood." Designation on maps always includes
the letters A or V.
Basement. A space wholly or partly underground, and having more than one-half of its
height, measured from its floor to its ceiling, below the average adjoining finished grade.
Bed and Breakfast Inn. A single family dwelling unit where lodging and meals are provided,
for compensation, in which no more than two (2) guest rooms are provided for no more than
six (6) travelers or transient guests. A guest shall not rent for a time period longer than
fifteen (15) consecutive nights.
Bed or Banks of Stream or River. The physical container of the waters of a stream or river
lying below bank-full stage, and the land 10 feet on either side of the container.
Bicycle Facility. Any public or private improvement to accommodate and encourage
bicycling, including bikeways and bike parking racks, spaces, and structures.
Bikeway. Any road, path or way open to bicycle travel regardless of whether such facilities
are designated for the preferential use of bicycles or are to be shared with other
transportation modes.
Boarding or Lodging House. A dwelling or part thereof, other than a hotel or motel or
multiple-family dwelling, where lodging with or without meals is provided, for
compensation, for three or more persons.
Boat Yard. A place where boats are constructed, dismantled, stored, serviced or repaired,
including maintenance work thereon.
Building. Any structure built and maintained for support, shelter or enclosure of persons,
animals, chattels, or property of any kind.
Building, Height. The vertical distance from the average contact ground level of the
building to the highest point of the building.
Building Line. A line parallel to the front lot line and passing through the most forward
point or plane of a building.
Building Lot. A lot occupied or intended to be occupied by a principal building or group of
such buildings and accessory buildings, together with such open spaces as are required by
this ordinance, and having the required frontage on a street.
Building, Main. A building within which is conducted the principal use permitted on the lot,
as provided in this ordinance.
Building Official. The Building Official of the City of Bend, Oregon.
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Car Wash. A lot on which motor vehicles are washed or waxed, either by the patron or
others, using machinery especially designed for the purpose.
Church. A permanently located building commonly used for religious worship, fully
enclosed with walls, (including windows and doors) and having a roof (canvas or fabric
excluded) and conforming to applicable legal requirements affecting design and
construction.
City. The City of Bend, Oregon.
City Council. The City Council of the City of Bend, Oregon.
City Engineer. The City Engineer of the City of Bend, Oregon.
City Manager. The duly appointed administrative officer of the City, or his delegate.
City Recorder-Treasuer. The City Recorder of the City of Bend.
Clinic. A place for group medical services not involving overnight housing of patients.
Club. An association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service
carried on as a business for profit.
Color Guide. Means the paint examples maintained by the City which show acceptable
colors for use on buildings, structures and signs including examples of prohibited and
restricted colors.
Community Building. A building used for and operated by a nonprofit organization whose
membership is open to any resident of the district, neighborhood or community in which the
club is located; provided that the primary objectives of the organization are the improvement
of the district, neighborhood or community and its social welfare and recreation.
Community Storage Area. A facility established in accordance with City standards designed
to provide for the temporary or permanent storage of boats, campers, trailers and similar
recreational vehicles or equipment, and serving two or more unrelated persons.
Comprehensive Plan. The duly adopted Bend Area General Plan.
Comprehensive Sign Plan. Means a sign plan for one or more properties in a commercial
center or business complex showing all locations of proposed signage for business tenants,
retail stores, services, offices and other establishments that perform services on the premises.
Condominium. A type of residential development utilizing zero lot lines, individual
ownerships of units, and common ownership of open space and other facilities, and which
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are regulated, in part by State Law (ORS 91.010 - 91.652).
Conduit. Any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar man-made structure
used to convey water.
Contiguous. See "Abutting."
Court. An open, unoccupied space, other than a yard, on the same lot with a building or
group of buildings.
Dam. Any man-made structure which is or may be used to impound water.
Dance Schools. Institutions teaching ballet, tap, jazz, modern and other performance styles
of dance.
Day Care Facility. Any facility that provides day care to six or more children, including a
day nursery, nursery school group, family day care home or similar unit operating under any
name, but not including any: (a) facility providing care that is primarily educational unless
provided to a preschool child for more than four hours a day; (b) facility providing care that
is primarily supervised training in a specific subject, including but not limited to dancing,
drama, music, or religion; (c) facility providing care that is primarily an incident of group
athletic or social activities sponsored by or under the supervision of an organized club or
hobby group; (d) facility owned by a school district, political subdivision of this state or a
government agency; (e) facility operated by a babysitter.
Density. The number of residential dwelling units per acre of land or the amount of land
area expressed in square feet of land assignable to each dwelling unit in a residential
development, including, but not limited to, one house on one lot, shall be computed as
follows: the gross area of land within the development; less the total aggregate area
dedicated for streets, schools or other public facilities, but not including public or private
parks and recreation facilities dedicated or created as an integral part of the development;
divided by the total number of dwelling units in the proposed development; equals the
density. Density shall run with the land in a specific development and cannot be sold, loaned
or otherwise divorced or separated from the specific development under consideration.
Deschutes River Corridor. All property within 100 feet of the ordinary high water mark of
the Deschutes River.
Design Review Overlay Zone. Means the properties within a specified area as shown on the
City of Bend zoning map. The properties within the design review overlay zone must
receive design review approval before commercial development of the property can occur.
Designated Wetland. Means an area designated as significant wetlands on the Local
Wetland Inventory maps adopted by the City of Bend.
Destination Resort. A largely self-contained facility offering recreational opportunities for
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permanent residents and seasonal visitors, catering primarily to members and guests.
Minimum area for a destination is 170 acres.
Development. Any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of special flood hazard.
Diversion. Any man-made structure which is or may be used to deflect or divert water from
a river or stream into a conduit.
Dude Ranch. A ranch operated wholly or in part as a resort offering horse racing related
activities as outdoor recreation opportunities, and offering only temporary rental
accommodations for vacation use by nonresidents.
Dwelling. A building or portion thereof designed or used as the residence or sleeping place
of one or more persons.
(a)
Dwelling, Single-Family. A building designed or used for residential purposes by
not more than one family and containing one dwelling unit only, including Class A
manufactured homes as defined in Section 24 A (2) (a); excluding such temporary
structures as tents, teepes, travel trailers, and other similar uses.
(b)
Dwelling, Two-Family, or Duplex. A building designed or used for residence
purposes by not more than two families and containing two dwelling units.
(c)
Dwelling, Multiple-Family. A building or portion thereof designed or used as a
residence by three or more families and containing three or more dwelling units.
Dwelling Unit. One room, or a suite of two or more rooms, designed for and used by one
family or housekeeping unit for living and sleeping purposes, and having not more than one
kitchen or kitchenette.
Exempt Vegetation. A tree or other plant that is shown by the sun chart accompanying a
solar access permit application to cast existing shade on a protected area.
Existing. Existing at the time of application.
Exterior Modification. Means a change in the exterior structure of a building that
significantly alters the appearance of any side of a building.
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Family. An individual, or two or more persons related by blood, marriage, adoption, or
guardianship, living together in a dwelling unit in which board and lodging may also be
provided for not more than two additional persons, excluding servants; or a group of not
more than five persons who need not be related by blood, marriage, adoption or guardianship
living together in a dwelling unit. Family shall include two or more handicapped persons as
defined in the Fair Housing Act of 1988 living as a single housekeeping unit.
Farming. The use of land for raising and harvesting crops or for feeding, breeding and
managing livestock or for dairying or for any other agricultural or horticultural use, or for
any combination thereof, excluding feedlots. It includes the disposal, by marketing or
otherwise, of products raised on the premises.
Fence, Sight Obscuring. A fence or evergreen planting arranged in such a way as to obstruct
vision.
Fish Passage Device. Any man-made structure which is or may be used to enable fish to
pass over a dam to move upstream.
Fish Protection Device. Any man-made structure, such as a fish screen, which is or may be
used to prevent fish from entering into or passing through conduits, penstocks, and other
water-conducting structures or devices connected to a hydroelectric facility.
Flood or Flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(a)
(b)
The overflow of inland or tidal waters, and/or
The unusual and rapid accumulation of runoff surface waters from any source.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
Flood Insurance Study. The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface
elevation of the base flood.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
Floor Area. The area included in surrounding walls of a building or portion thereof,
exclusive of vent shafts and courts.
Floor Area Ration. The amount of floor area in relation to the amount of site area, expressed
in square feet. For example, a floor area ration of .5 means one square foot of floor area for
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every two square feet of site area.
Frontage. That portion of a parcel of property which abuts a dedicated public street or
highway or an approved private street.
Garage, Private. An accessory building or portion of a main building used for the parking or
temporary storage of vehicles owned or used by occupants of the main building.
Garage, Public. A building other than a private garage used for the care and repair of motor
vehicles or where such vehicles are parked or stored for compensation, hire or sale.
Grade (Ground Level). The average elevation of the finished ground elevation at the centers
of all walls of a building, walk; the sidewalk elevation nearest the center of the wall shall
constitute the ground elevation.
Ground Mounted Sign. Means a freestanding sign that has a solid base which is directly and
continuously connected to the sign face for at least 50% of the sign face width or is borne by
supports less than or equal to 24" in height as measured from grade to the sign face.
Guest House. An accessory building used for the purpose of providing temporary living
accommodations for guests, or for members of the same family as that occupying the main
structure, and containing no kitchen or kitchenette facilities.
Highest Shade Producing Point. The highest shade producing point of a structure two hours
before the solar zenith on December 21.
Home Occupation. A use conducted entirely within a dwelling, which use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes and which
complies with the conditions of Subsection (14) of Section 25.
Hospital. Any institution, place, building, or agency which maintains and operates organized
facilities for 20 or more persons for the diagnosis, care and treatment of human illness,
including convalescence and care during and after pregnancy, or which maintains and
operates organized facilities for any such purpose, and to which persons may be admitted for
overnight stay or for a longer period.
Hotel. A building or portion thereof with more than five sleeping rooms designed or used
for occupancy of individuals who are lodged with or without meals, and in which no
provision is made for cooking in any individual room or suite.
Hydroelectric Facility All aspects of any project or development necessary for or related to
the generation of hydroelectric energy, including, but not limited to, conduits, dams,
diversions, fish ladders and screens, generators, impoundments, penstocks, turbines,
transmission facilities, and related buildings, structures, storage areas, access roads, parking
areas, and surrounding and adjacent lands which are necessary for or related to the facility.
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Impoundment. Any man-made structure which is or may be used to impound water.
Junk Yard. A place where waste, discarded or salvaged materials are stored, bought, sold,
exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house
wrecking yards, used lumber yards, and places or yards for storage of salvaged house
wrecking and structural steel materials and equipment; but not including such places where
such uses are conducted entirely within a completely enclosed building, and not including
pawn shops and establishments for the sale, purchase or storage of used furniture and
household equipment, used cars in operative condition, or salvaged materials incidental to
manufacturing operations.
Kennel. Any premises where four or more dogs, cats, or other small animals or any
combination thereof at least four months of age, are kept commercially or permitted to
remain of board, propagation, training or sale, except veterinary clinics and animal hospitals.
Landscaping. The term "landscaping" includes primarily trees, grass, bushes, shrubs,
flowers and garden areas, and incidental arrangements of fountains, patios, decks, street
furniture and ornamental concrete or stonework areas and artificial turf or carpeting, but
excludes artificial plants, bushes, shrubs or flowers.
Livestock. Domestic animals of types customarily raised or kept on farms for profit or other
purposes.
Lot. A parcel of land used or capable of being used under the regulations of this ordinance,
lawfully created as such in accordance with the subdivision laws or ordinances in effect at
the time of its creation.
Lot Area. The computed area contained within the lot lines; said area to be exclusive of
street or alley rights of way.
Lot, Corner. A lot abutting upon two or more streets at their intersection, or upon two parts
of the same street, such streets or parts of the same street forming an interior angle of less
than 135 degrees within the lot line.
Lot Coverage. That percentage of the total lot area covered by structures as herein defined.
Lot Depth. The horizontal distance between the front and the rear lot lines. In the case of a
corner lot the depth shall be the length of the longest front lot line.
Lot, Interior. A lot or parcel of land other than a corner lot.
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Lot Line. Any line bounding a lot as herein defined.
Lot Line, Front. The property line abutting a street. Corner lots and through lots may have
two or more front lot lines.
Lot Line, Rear. A lot line not abutting a street which is opposite and most distant from the
front lot line. In the case of an irregular or triangular-shaped lot, a lot line 10 feet in length
within the lot parallel to and at the maximum distance from the front lot line.
Lot Line, Side. Any lot line not a front lot line or a rear lot line.
Lot of Record. A lot held in separate ownership as shown on the records of the County
Clerk at the time of the passage of an ordinance or regulation establishing the zone in which
the lot is located, legally created pursuant to law at that time.
Lot, Through. An interior lot having a frontage on two streets and/or highways.
Lot Width. The horizontal distance between the side lot lines measured within the lot
boundaries or the mean distance between the side lot lines within the buildable area. In the
case of a corner lot, lot width shall mean the mean horizontal distance between the longest
front lot line and the opposite lot line not abutting the street.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access,
or storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in
violation of the
applicable non-elevation design requirements of Section 22(7).
Maintain. To cause or allow to continue in existence. When the context indicates, the word
shall mean to preserve and care for a structure, improvement, condition or area to such an
extent that it remains attractive, safe and presentable and carries out the purpose for which it
was installed, constructed or required.
Mitigation. Means measures undertaken within or in close proximity to areas affected by
development action that are intended to benefit fish and wildlife habitat and reduce flood
impacts. Mitigation measures may include, but are not limited to; rectifying the impact by
repairing, rehabilitating or restoring the affected environment; replacing lost riparian
vegetation with more native riparian vegetation; or locating facilities outside an affected
area.
Mobile Home.
characteristics:
(a)
A detached single family dwelling unit with all of the following
Designed for long term occupancy and containing sleeping accommodations, flush
toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical
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10-10.4
connections provided for attachment to outside systems.
(b)
Designed to be transported after fabrication on its own wheels, or on flatbed or other
trailers or detachable wheels.
(c)
Arriving at the site where it is to be occupied as a dwelling complete, ready for
occupancy except for minor and incidental unpacking and assembly operations,
location on foundation supports, connection to utilities, and the like.
(d)
Does not conform to the Oregon State Structural Code as defined on ORS 456.750,
Subsection 9, or standards for prefabricated structures as defined in ORS 456.750,
Subsection 6.
Motel. A building or group of buildings used for transient residential purposes containing
guest rooms or dwelling units with automobile storage space provided in connection
therewith, which building or group is designed, intended, or used primarily for the
accommodation of transient automobile travelers; including groups designated as auto
cabins, motor courts, motor hotels and similar designations.
Nonconforming Use. A use of land or of a building or structure which use lawfully existed
at the time of the adoption of this ordinance, or of any amendment thereto, but which use
does not conform with the use regulations imposed by this ordinance or such amendment
thereto.
Northern Lot Line. The northerly edge of the lot on which an applicant's structure is located,
unless directly north of the lot is an unbuildable area, in which case northern lot line means
the northerly edge of the unbuildable area.
Open space: Any parcel or area of land or water set aside, designed or reserved for the
public or private use or enjoyment or for the use and enjoyment of owners and occupants of
land adjoining or neighboring such open space.
Oregon Scenic Waterway. Means the designated areas along the south and north portions of
the Deschutes River within Bend that are designated and managed by the Oregon Parks and
Recreation Department to protect State Planning Goal 5 scenic resources.
Ordinary High Water Mark (OHWM). Means the elevation of bankfull stage.
Owner. The owner of record of real property as shown on the tax rolls of Deschutes County,
or a person purchasing a piece of property under contract. For the purposes of this ordinance
in terms of violations and binding agreements between the City and the owner, the word
"owner" shall also mean a leaseholder, tenant or other person in possession or control of the
premises or property at the time of the agreement or violation of agreement or the provisions
of the ordinance.
Parking Area, Public. An open area, other than a street or other public way, used for the
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10-10.4
parking of automobiles and available to the public whether for a fee, free or as an
accommodation for clients or customers.
Parking Space. A durable and dustless, permanently surfaced and marked area, excluding
paved area necessary for access, for the parking of a motor vehicle.
Party. Any person who has standing.
Pedestrian Facility. Any public or private improvement that accommodates and encourages
pedestrian traffic including sidewalks, on-site walkways, crosswalks, access corridors and
may include other improvements such as lighting, benches and fences which make it safe or
convenient to walk.
Penstock. Any conduit or other structure which is or may be used to convey water to the
driving mechanism of the generator.
Permittee. The person who is proposing to use or who is using the land pursuant to any
permit required herein.
Person. An individual, firm, partnership, corporation, company, association, syndicate, or
any legal entity, whether he, she or it is acting for himself, herself, or itself or as the servant,
employee, agent or representative of another.
Planning Commission. The Planning Commission of the City of Bend, Oregon.
Planning Director. The Director of the City's Planning Department or his delegate.
Pod. Means 50 or fewer parking spaces located together in a group.
Pole Sign. Means a freestanding sign connected to the ground by one or more supports,
where any portion of the lower edge of the sign face is separated from the ground by air, a
distance greater than 24" in height as measured from grade.
Potential Structure. A structure or building that could be built as a permitted use in a
particular location under existing development standards under the existing Bend Area
General Plan.
Primary Building Entrance. Means the main entrance closest to the public street by which
pedestrians can access a building, structure or activity.
Primary Frontage. Means that portion of a parcel of property which abuts a dedicated public
street, highway or an approved private street and is where the public or customer entrance
fronts upon.
Principal Building. Means the largest building or buildings within a commercial center or
business complex. Typically, these are the anchor tenants.
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10-10.4
Productive Solar Collector. A solar collector that provides no less than (a) 10 percent of a
building's annual total energy requirements; or (b) 50 percent of a building's annual water
heating requirements.
Protected Area. The specific area which is provided solar access for a specific time period
under this ordinance.
Qualified Professional or Individual. Means an individual approved by the City who through
related training, or on-the-job experience, or both, possesses knowledge in the following
subject areas: 1) Arboriculture, 2) Natural Resources; including water resources and riparian
restoration, and 3) Urban Interface Fire Protection.
Recreational Facility, Private. A recreation facility under private ownership and operated by
a profit or nonprofit organization, open to bona fide members, and providing one or more of
the following types of recreation activity; tennis, handball, golf, squash, volleyball,
racquetball, badminton and swimming.
Riparian area: The riparian area is a terrestrial zone where annual and intermittent water, a
high water table and wet soils influence vegetation and microclimate.
Riparian Corridor. Means the area within and adjacent to the Deschutes River and Tumalo
Creek that includes water areas, fish and wildlife habitat, wetlands, and riparian vegetation
and other State Planning Goal 5 resources to be conserved and protected.
Roadside Stand. A temporary structure, vehicle or area designed or used for the display or
sale of merchandise on the premises upon which such a stand is located.
Setback. The minimum allowable horizontal distance from a given point or line of reference,
such as a property line, to the nearest vertical wall or other element of a building or structure
as defined herein.
Shade. A shadow, except a shadow caused by a narrow object, including but not limited to a
utility pole, an antenna, a wire, or flagpole.
Shopping Center. A retail store or combination of stores usually including a grocery store
which provide goods for sale to the general public and with a combined leasable area in
excess of 30,000 square feet.
Site Plan. A plan prepared to scale, showing accurately and with complete dimensions, all of
the uses proposed for a specific parcel of land.
Solar Access. Protection from shade for a specific area during specific hours and dates, but
not including protection from shade cast by exempt vegetation.
Solar Access Permit. The instrument issued by the City which limits the size of non-exempt
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10-10.4
vegetation on certain lots in the vicinity of a recorded solar collector.
Solar Collector. Any object that uses solar radiation for a useful purpose, including but not
limited to windows, walls, roofs, collectors.
Solar Heating Hours. The hours and dates during which solar access is provided.
Solar Height Restriction. The allowable height of buildings, structures, and non-exempt
vegetation on a property burdened by the solar access of another property.
Street. A public or private thoroughfare or right of way dedicated, deeded or condemned for
use as such, other than an alley, which affords access to two or more parcels of abutting
property including avenue, place, way, drive, lane, boulevard, highway, road and any other
thoroughfare.
Structural Alteration. Any change in the supporting members of a building, such as a
bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms,
foundations, piles, or retaining walls or similar components.
Structure. Anything constructed or built, any edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in some definite manner,
which requires location on the ground or is attached to something having a location on the
ground, including swimming and wading pools and covered patios, excepting outdoor areas
such as paved areas, driveways or walks.
Substantially Shaded. Less than 80 percent of the available solar insolation is available
during winter solar heating hours to either the south roof and/or wall of an existing or
potential structure.
Sun Chart. A photograph or photographs, taken in accordance with the guidelines of the
Planning Director, which plots the position of the sun during each hour of the day and each
month of the year relative to a protected area. The sun chart shall contain at a minimum:
(a)
Solar altitude in 10 degree increments;
(b)
Solar azimuth measured from true south in 15 degree increments;
(c)
If the solar collector is more than 20 feet wide, the southern skyline as seen from the
two end points and from the center point of the lower edge of the protected area; or
(d)
A clear delineation of the existing objects which cast shadows on the protected area,
including hills, structures, and deciduous and evergreen vegetation.
Temporary Housing. A permanent facility providing temporary shelter for individuals and/or
families who may be homeless or in transition. Services may be provided including, but not
limited to, accommodations, meals, toilet/bathing facilities, clothing/laundry, case
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10-10.4
management services and information on or referral to other community resources
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Timeshare Unit.
(a) A dwelling unit, mobile home, lot or parcel divided into periods of time under any
arrangement, plan, scheme, or device, whether by membership, agreement, share, tenancy in
common, sale, lease, deed, rental agreement, license, right to use agreement, or otherwise,
where a purchaser, in exchange for consideration, receives a right to use the dwelling unit,
lot, or parcel for a period of time less than a full year during any given year, but not
necessarily for consecutive years, which extends for a period of more than three years; or
(b) A dwelling unit, mobile home, lot or parcel created into interests sold under an
agreement to be subsequently divided or created into interests for the purpose of sale or lease
or other similar arrangement as set out in subparagraph (a) above, whether immediate or
future, into eleven (11) or more undivided interests or eleven (11) or more other interests, or
any other similar arrangement of interests in the dwelling unit, lot or parcel.
Trailer Park. A parcel of land upon which two or more trailers occupied for dwelling or
sleeping purposes are located, regardless of whether a charge is made for such
accommodations.
Transit Facility. Public or private improvements at selected points along transit routes for
passenger pickup, drop off and waiting. Improvements may include pullouts, shelters,
waiting areas, benches, information and directional signs or structures, and lighting.
Transit Route. An existing or planned route for public intra-city or intra-urban transit service
in the local or regional transportation plan. Does not include temporary routes or routes
which are planned to be replaced.
Transmission Facility. The conductors, lines, poles, towers, structures, corridors, and
construction staging and assembly areas necessary for or associated with the transmission of
electricity from a hydro-electric facility for distribution.
Travel Trailer. A travel trailer means a "camping vehicle" as defined by Oregon Revised
Statutes which is either a vacation trailer or a self-propelled vehicle or structure equipped
with wheels for highway use and which is intended for human occupancy and is being used
for vacation and recreational purposes, but not for residential purposes, and is equipped with
plumbing, sink or toilet.
Unbuildable Area. An area in which a structure could not be built as a permitted use under
existing development standards for the area under the existing Bend Area General Plan.
Use. The purpose for which land or a structure is designed, arranged, or intended, or for
which it is occupied or maintained.
Visual Obstruction. Any fence, hedge, tree, shrub, device, wall or structure exceeding 2-1/2
feet in height above the elevation of the top of the curb, as determined by the Planning
Director and so located at a street intersection as to dangerously limit the visibility of
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10-10.4
persons in motor vehicles on said street or alleys. This does not include trees kept trimmed
of branches to a minimum height of at least 8 feet.
Water-dependent. Means a use or activity which can be carried out only on, in, or adjacent
to water areas because the use requires access to the water body for water-borne
transportation, recreation, energy production, or source of water.
Water-related. Means uses which are not directly dependent upon access to a water body,
but which provide goods or services that are directly associated with water-dependent land
or water-way use, and which, if not located adjacent to water, would result in public loss of
quality in the goods or services offered. Except as necessary for water-dependent or waterrelated uses or facilities, residences, parking lots, spoils and dump sites, roads and highways,
restaurants, businesses, factories, and trailer parks are not generally considered dependent on
or related to water location needs.
Wetland. Those areas that are inundated or saturated by surface or ground water at a
frequency or duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
include swamps, marshes, bogs, and other similar areas.
Winter Solar Heating Hours. The time period extending two hours before and after the solar
zenith on December 21.
Yard. Means an open space on a lot which is unobstructed from the ground upward except
as otherwise provided in this Ordinance. In determining the required yard for properties
abutting the Deschutes River, the edge of the river shall be considered the property line. The
edge of the river shall be determined by the ordinary high water mark.
Yard, Front. An open space extending the full width of the lot between a building and the
front lot line, unoccupied and unobstructed from the ground upward except as specified
elsewhere in this ordinance.
Yard, Rear. An open space extending the full width of the lot between a building and the
rear lot line, unoccupied and unobstructed from the ground upward except as specified
elsewhere in this ordinance.
Yard, Side. An open space extending from the front yard to the rear yard between a building
and the nearest side lot line, unoccupied and unobstructed from the ground upward except as
specified elsewhere in this ordinance.
Zero Lot Line Subdivision or Partition. A type of residential subdivision or partition
utilizing zero lot lines between dwelling units and providing for individual ownership of
each lot.
[Section 4 amended by ORD. No. NS-1261 passed December 19, 1979]
[Section 4 amended by ORD. No. NS-1308 passed January 7, 1981]
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[Section 4 amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 4 amended by ORD. No. NS-1378 passed June 1, 1983]
[Section 4 amended by ORD. No. NS-1380 passed June, 15, 1983]
[Section 4 amended by ORD. No. NS-1418 passed August 21, 1985]
[Section 4 amended by ORD. No. NS-1420 passed October 2, 1985]
[Section 4 amended by ORD. No. NS-1444 passed July 16, 1986]
[Section 4 amended by ORD. No. NS-1462 passed September 2, 1987]
[Section 4 amended by ORD. No. NS-1531 passed April 17, 1991]
[Section 4 amended by ORD. No. NS-1545 passed August 21, 1991]
[Section 4 amended by ORD. No. NS-1632 passed May 3, 1995]
[Section 4 amended by ORD. No. NS-1670 passed February 19, 1997]
[Section 4 amended by ORD. No. NS-1846 passed November 20, 2002]
[Section 4 amended by ORD. No. NS-1866 passed May 21, 2003]
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10-10.5
ESTABLISHMENT OF ZONES AND ZONING MAPS
Section 5. Classification of Zones. For the purposes of this ordinance, the City is divided into zones
designated as follows:
Zones
Map Symbol and
Abbreviated Designations
Urban Area Reserve
UAR
Residential - Urban Standard Density
RS
Residential - Urban Medium Density
RM
Residential - Urban High Density
RH
Commercial - Neighborhood
CN
Commercial - Convenience
CC
Commercial - Limited
CL
Commercial - Highway
Commercial - General
CH
CG
Commercial - Central
CBD
Industrial - Park
IP
Industrial - Light
IL
Industrial - General
IG
Flood Plain District
FP
Design Review Overlay
DR
[Section 5 amended by ORD. No. NS-1308, passed January 7, 1981]
[Section 5 amended by ORD. No. NS-1670, passed February 19, 1997]
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10-10.6
Section 6. Application of Regulations to Zones Generally. Except as hereinafter otherwise
provided:
(1)
No building or part thereof or other structure shall be erected, altered added to or enlarged,
nor shall any land, building, structure or premises be used for any purpose or in any manner
other than is included among the uses hereinafter listed as permitted in the zone in which
such building, land or premises is located.
(2)
No building or part thereof or structure shall be erected reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the zone in which such building is
located.
(3)
No building or part thereof or structure shall be erected, nor shall any existing building be
altered, enlarged, rebuilt or moved into any zone, nor shall any open space be encroached
upon or reduced in any manner, except in conformity with the yard, setback, building
location, site area and coverage requirements hereinafter prescribed for the zone in which
such building or open space is located.
(4)
No yard or other open space provided about any building or on any building lot for the
purpose of complying with the provisions of this ordinance shall be considered as providing
a yard or other open space for any other building or any other building lot.
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10-10.7
Section 7. Zoning Map.
(1)
The location and boundaries of the zones designated in Section 5 are hereby established as
shown on the map entitled "Zoning Map of the City of Bend" dated with the effective date of
this ordinance and signed by the Mayor and City Recorder-Treasurer hereinafter referred to
as the "Zoning Map."
(2)
The signed copy of said Zoning Map is maintained on file in the office of the RecorderTreasurer and is hereby made a part of this ordinance. Any revisions or replacements of said
map, when duly entered, signed and filed with the City Recorder-Treasurer as authorized by
Subsection (3) of Section 7 are a part of this ordinance.
(3)
When the zoning of any area is changed by the City Council in the manner prescribed by
this ordinance, the Planning Director shall cause the official Zoning Map to be revised so
that it accurately portrays said change, and shall endorse on the map adjacent to said
revision the number of the ordinance by which the change of zone was effected, provided
that failure to so revise the said map shall not affect the validity of any zone change. The
City Council may, from time to time, direct the Planning Director to replace the official
Zoning Map, or a portion thereof, with a map, which includes all lawful changes of zone
and City boundaries to date. Such map, or portion thereof, filed as a replacement, shall
bear the number of the ordinance authorizing same and shall bear dated, authenticating
signatures of the Mayor and Recorder-Treasurer. Any map or portion thereof thereby
replaced shall be retained in a separate file by the Recorder-Treasurer.
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[Section 7 amended by Ord NS-1923, passed May 19, 2004]
[Section 7 amended by Ord NS-1937, passed July 21, 2004]
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10-10.8
Section 8. Interpretation of Zone Boundaries. In making a determination where uncertainty exists
as to boundaries of any of the aforesaid zones as shown on said Zoning Map, the following rules
shall apply:
(1)
Where Zone Boundaries Approximately Follow Streets, Alleys or Highways. Where zone
boundaries are indicated as approximately following the centerline or right of way line of
streets, alleys or highways, such line shall be construed to be such zone boundaries.
(2)
Vacation of Public Ways. Whenever any street, alley or other public way is vacated in the
manner authorized by law, the zone adjoining each side of such street, alley or public way
shall be automatically extended to the center of the former right of way and all of the area
included in the vacation shall then and henceforth be subject to all regulations of the
extended zones.
(3)
Where Boundaries Approximately Follow Lot Lines. Where zone boundaries are indicated
as approximately following lot lines, such lines shall be construed to be said boundaries. If a
zone boundary divides a lot into two or more zones, the boundary shall be determined by
using the scale of the map and measuring the distance from the property line or distances
specified on the map.
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10-10.9
Section 9. Zoning of Annexed Areas. If a reclassification for lands annexed to the City of Bend is
necessary, said land shall be reclassified to a zone consistent with the Comprehensive Plan after
hearing and recommendation by the Planning Commission to the City Council. Any conditions,
limitations or restrictions applied by the County to regulate a development of land annexed to the
City shall continue to apply until replaced by the City. Where appropriate the City may continue
any restrictions, limitations and conditions and enforce the same as if applied by the City pursuant
to the ordinance and its procedures.
[Section 9 amended by Ord. NS-1372, passed March 2, 1983.]
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10-10.9A
Section 9A. Urban Area Reserve Zone - UAR-10.
(1)
Purpose. To serve as a holding category as urban growth takes place elsewhere in the
planning area, and to be preserved as long as possible as useful open space until needed for
orderly growth.
(2)
Permitted Uses. The following uses are permitted:
(3)
(a)
Farm uses as defined in this ordinance.
(b)
Single family dwellings.
(c)
Home occupation subject to Subsection (15) of Section 25.
(d)
Other accessory uses and accessory buildings and structures customarily
appurtenanced to a permitted use subject to Subsection (2) of Section 27.
(e)
Day Care Center facilities subject to site review - Section 24 and Section 25(17).
Conditional Uses. The following conditional uses may be permitted subject to a Conditional
Use Permit and the provisions of Section 29.
(a)
Dude or guest ranch.
(b)
Commercial riding stable subject to Subsection 5 of Section 25.
(c)
Livestock sales yard.
(d)
Commercial livestock feeding yard.
(e)
Mining, quarrying, or other extraction, processing, or refining of ore or other natural
resource material, subject to Subsection 10 of Section 25.
(f)
Cemeteries and mausoleums, crematories, columbariums, and mortuaries within
cemeteries provided that no mortuary or crematorium is within 100 feet of a
boundary street, or where no street borders the cemetery, within 200 feet of a lot in a
residential zone and subject to Subsection 3 of Section 25.
(g)
Churches.
(h)
Community buildings, lodges, and fraternal organizations, except those carried on as
a business for profit.
(i)
Public, parochial, and private schools, but not including business, dancing, trade,
technical, or similar schools.
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10-10.9A
(j)
Parks and recreation facilities, fire stations, libraries, museums, but not including
storage or repair yards, warehouses, or similar uses.
(k)
Recreation facility, public or private; but not including such intensive commercial
recreation uses as a race track or amusement park.
(l)
Utility substations or pumping stations with no equipment storage and sewage
treatment facilities, subject to Subsection 12 of Section 25.
(m)
Double-wide mobile home as a single family dwelling subject to Subsection (11) of
Section 25.
(n)
Kennel or animal hospital, subject to Section 25, Subsection (2).
(o)
Planned unit development subject to Section 30.
(p)
Destination resort.
(q)
Plant Nursery, subject to Section 25, Subsection (19).
(r)
Building over 30 feet in height.
(s)
Timeshare unit or the creation thereof, subject to the provisions of Section 25.
(4)
Height Regulations. No building or structure shall be hereafter erected, enlarged or
structurally altered to exceed 30 feet in height
(5)
Lot Requirements. The following requirements shall be observed:
(a)
Lot Area: Each lot shall have a minimum area of ten (10) acres.
(b)
Lot Width: Each lot shall have a minimum average width of 300 feet with a
minimum street frontage of 150 feet.
(c)
Front Yard: The front yard shall be a minimum of 50 feet from the existing street
right of way line or the ultimate street right of way as adopted on the comprehensive
plan or official map, except that any lot of record less than one acre in size lawfully
created prior to the effective date of this ordinance shall have a minimum front yard
of 30 feet.
(d)
Side Yard: There shall be a minimum side yard of 10 feet.
(e)
Rear Yard: There shall be a minimum rear yard of 50 feet.
(f)
Zero Lot Line Subdivisions or Partitions: Regulations for side yard setback may be
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waived for an approves zero lot line subdivision or partition.
(6)
Off-Street Parking. Off-street parking shall be provided as required in Section 24.
(7)
Other Required Conditions. See Section 25 applying to Special Uses where applicable.
[Section 9A added by ORD. No. NS-1308, passed January 7, 1981.]
[Section 9A(3) amended by ORD. NS-1372, passed March 2, 1983.]
[Section 9A(3) amended by ORD. NS-1380, passed June 15, 1983.]
[Section 9A(4) amended by ORD. NS-1372, passed March 2, 1983.]
[Section 9A(5)(f) added by ORD. NS-1372 passed March 2, 1983.]
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10-10.9B
Section 9B. Surface Mining Zone or SM.
(1)
Purpose. The purpose of the Surface Mining Zone is to allow the extraction of surface
mining materials needed by the community while protecting the health and safety of
adjoining residents and uses.
(2)
Permitted Uses. In the SM Zone, the following uses and their accessory uses are
permitted outright subject to the provisions of this chapter:
(3)
(a)
Extraction of all materials, sand, gravel, rock, cinders, pumice, topsoil, fill
material (including select fill) and any other mineral or aggregate material.
(b)
Crushing, processing, washing and sizing located at least one-half mile from a
residential area.
(c)
Caretaker's residence.
(d)
Buildings, structures, apparatus, equipment and appurtenances necessary for these
uses to be carried on.
(e)
Sale of products produced from the site.
Conditional Uses. In a SM Zone, the following uses and their accessory uses are
permitted when authorized in accordance with the provisions subject to Section 29.
(a)
Ore smelter using materials from the site subject to stringent pollution controls.
(b)
Crushing, processing, washing and sizing when located within one-half mile of a
residential dwelling.
(c)
Other related activities using materials found primarily on the site, such as
concrete batching plants and mineral refining plants, when within one-half mile of
a residential dwelling.
(d)
Landfills when a written tentative approval by DEQ is submitted with the
conditional use application.
(e)
Utility facility.
(f)
Hydroelectric facility, in accordance with Section 25(20) of this ordinance.
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(4)
10-10.9B
Dimensional Standards. In a SM zone, the following dimensional standard shall apply:
(a)
(5)
BEND CODE
The minimum lot size shall be as determined by the Planning Director to be
necessary for the protection of the public health, safety and welfare.
Use Setback.
(a)
Uses within a SM zone shall maintain a 100 foot setback from the property line
when adjacent to a residential dwelling.
(b)
Three hundred foot setback shall be maintained from the property lines adjoining
roads that are in Landscape Management Areas as defined in the Comprehensive
Plan, as well as from any stream or lake.
(c)
Solar Setback. The solar setback shall be as prescribed in this ordinance.
(6)
Site Plan Review. In a SM Zone, a use permitted outright or a conditional use shall be
subject to the provisions of Section 23. Before development of any new site or expansion
of any existing site beyond the area covered by an existing state or county permit may
begin after the effective date of this ordinance, a site plan shall be approved by the
Planning Director. Construction and development of the site shall be in full conformance
with the approved site plan.
(7)
Site Plan Requirements. A site plan shall provide for the following:
(a)
A reclamation plan, meeting guidelines and in a format established by the city
and satisfying such additional standards as are set forth herein.
(b)
A maintenance program. All buildings, structures and equipment used for the
production and processing of minerals and other materials affected by this title
shall be maintained in such a manner as to assure that such buildings, structures
and equipment will not become dilapidated or hazardous. The reclamation plan
shall also address disposition of buildings, structures and equipment used in
production and processing of minerals and other materials, offices, storage garage
and watchman's house or any remains thereof.
(c)
Air, water and noise requirements. Air and water quality and noise level shall be
in accordance with the requirements of state and federal laws and regulations and
City ordinances.
(d)
A complete description of all planned uses.
(e)
The Planning Director may require the following at the time of site plan approval:
1.
An increase or decrease in required setbacks.
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(8)
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10-10.9B
2.
Screening of the proposed use, or parts thereof, by fencing or landscaping.
3.
Limitations on lighting.
4.
An adequate plan for phased mining and reclamation of the site.
5.
Restrictions on the hours, days and noise levels of operation.
6.
Applicants may be required to provide dust-free site access roads near
residential areas.
7.
When SM operations meet the criteria for conflict levels III or IV as
specified below, the Planning Director may, in addition, place more
stringent criteria upon the operations in accordance with this ordinance
8.
Adequate water supplies to enable landscaping reclamation and dust
control conditions are to be met.
Special requirements relating to residential areas.
(a)
Unless the applicant can show that the natural topography of the site offers
sufficient screening of the site from public view, the exposed side of the operation
shall be screened with landscaped berms, hedges, walls, fences or similar devices
to effectively screen the site from the public.
(b)
If necessary, during the site plan review, the Planning Director may determine
that meeting screening requirements is not economically feasible or physically
possible.
(c)
When an unusually high level of conflict exists off-site, stock piling and/or
processing may be required.
Procedure upon filing of site plan.
(a)
Each application and site plan shall be reviewed by the Planning Director for
conformance with this ordinance and the Comprehensive Plan. The director shall
transmit the application to affected agencies for their review.
(b)
Following receipt of the application, the Planning Director shall notify, in writing,
the applicant and persons and agencies entitled to written notice as defined in
Procedural Ordinance No. NS-1556. The Planning Director may hold a meeting
with affected persons and the applicant to discuss the proposed plan before
making his decision or only request written comments to be submitted. The entire
process leading to a decision shall not exceed 45 days.
10-10.9B
(10)
(11)
BEND CODE
10-10.9B
(c)
If, after the Planning Director renders his decision, the applicant or affected
persons feels it necessary, the applicant or affected person may appeal the
decision to the Hearings Officer. If such a decision is referred to the Hearings
Officer, he may at his discretion, either hold a public hearing and call for public
testimony, or he may determine the case without open public testimony and
hearing by weighing the evidence as presented by the Planning Director and the
applicant and then making a decision. In either case, the procedure before the
Hearings Officer shall follow the applicable portions of the Procedural Ordinance
No. NS-1556. The Hearings Officer's decision may be appealed.
(d)
Hearings Officer review, which shall occur when the site is submitted with a
proposed zone change, shall follow in accordance with Procedural Ordinance No.
NS-1556.
(e)
The Planning Director's and/or Hearings Officer's decision shall be based on the
impact of the proposed use on nearby uses of land, the impact of traffic on
affected streets and roads and the economic, social and environmental impact on
the community.
(f)
The Planning Director and/or Hearings Officer shall approve a site plan only if in
conformance with all applicable regulations, this ordinance and the
Comprehensive Plan.
Approval of Site Plan.
(a)
A site plan final approval shall expire 12 months from the date of approval unless
the project has commenced in accordance with the approved site and reclamation
plans. Upon petition by the original applicant showing good cause, an extension
for an additional 12 months may be granted by the Planning Director. The
operating approval shall be valid for a period of time specified by the reclamation
plan, except as otherwise limited therein.
(b)
The Planning Director or his designate shall review each site plan approval
annually. A reasonable fee for this inspection shall be paid to the City by the
permittee. Unless a violation of the site plan or obvious health or safety hazard is
found, the permit shall be renewed. The Planning Director's decision may be
appealed.
Bond. A bond or security deposit shall be required of all applicants sufficient to cover
costs plus10% of necessary road improvements, berming, reclamation, landscaping and
other pertinent conditions.
(12) Failure to comply.
(a)
If the Planning Director determines that the permittee is not in compliance with
the site plan, he may institute enforcement proceedings to require such
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10-10.9B
compliance. Enforcement may include citing the permittee to District Court,
injunctive proceedings or enforcement of the bond provisions.
(b)
If a permittee fails to faithfully perform the reclamation required by his
reclamation plan, or if the bond or security deposit required by Section 11 is not
sufficient to compensate the county for all reasonable necessary expenses
incurred by it in performing the reclamation plan, the amount due shall be a lien
upon all property, whether real or personal, owned by the permittee.
(13) Exceptions. This section shall not apply to the following:
(14)
(a)
Excavation or grading operations conducted in the process of farming or cemetery
operations.
(b)
Mineral and aggregate activities when assumed by the Oregon Division of State
Lands pursuant to ORS Chapter 541.605 through 541.660.
(c)
Dredging mineral and aggregate materials administered by Oregon Division of
State Lands pursuant to ORS Chapter 517.611 through 517.700.
(d)
Nothing herein shall be construed to supersede the provision of the Forest
Practices Act (ORS 527.610 through 527.730), as amended by Chapter 400,
Section I of Oregon Laws of 1979 and regulations thereunder which preempt city
law.
SM nonconforming uses. This title shall not apply to uses having a valid state permit
upon the date of adoption of this ordinance. Expansion of existing uses beyond the area
covered by state or city permit shall be consistent with this title.
[Section 9B added by ORD No. 1702, passed July 15, 1998.]
10-10.9C
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10-10.9C
Section 9C. Suburban Low Density Residential Zone or SR 2 1/2
(1)
Purpose. To accommodate existing SR 2½ zoned lands within the Urban Growth
Boundary until these lands are annexed to the City or until sewer service is available, and
such lands are rezoned consistent with the planned densities and uses in the Bend Area
General Plan.
(2)
(3)
(a)
Single-family dwelling.
(b)
Agriculture, excluding the keeping of livestock.
(c)
Home occupations subject to Section 25 (15).
(d)
appurtenant to a permitted use.
Conditional Uses. The following conditional uses may be permitted subject to a
conditional use permit as provided in Section 29.
(a)
Churches subject to Section 25 (4).
(b)
Cemeteries and mausoleums, crematories, columbariums and mortuaries within
boundary street, or where no street borders the cemetery, within 200 feet of a lot
in a residential district.
(c)
Community buildings, lodge and fraternal organizations, except those carried on
as a business for profit.
(d)
Public, parochial and private schools, including nursery schools, kindergartens
and day nurseries; but not including business, dancing, trade, technical or similar
schools.
(e)
Parks and recreation facilities, fire stations, libraries, museums, but not including
storage or repair years, warehouses or similar uses.
(f)
Recreation facilities, public or private, but not including such intensive
commercial recreation uses as a racetrack or amusement park.
(g)
treatment facilities.
(h)
Keeping of livestock subject to Section 25 (7).
10-10.9C
BEND CODE
(i)
Kennel or commercial riding stable subject to Section 25 (2).
(j)
Planned unit development subject to the provisions of Section 30.
(k)
Plant nurseries subject to Section 25 (19).
(l)
Hydroelectric facility subject to Section 25 (20).
(m)
Time share unit subject to Section 25 (23).
10-10.9C
(4)
Height Regulations. No building or structure shall hereafter be erected, enlarged or
structurally altered to exceed 30 feet in height.
(5)
Lot Requirements. The following lot requirements shall be observed:
(6)
(a)
Lot Area. Each lot shall have a minimum area of 2.5 acres.
(b)
Lot Width. Each lot shall be a minimum width of 200 feet.
(c)
Front Yard. The front yard shall be a minimum of 40 feet.
(d)
Side Yard. There shall be a minimum side yard on each side of a building of not
less than 10 feet.
(e)
Rear Yard. There shall be a rear yard having a depth of not less than 20 feet.
(f)
Solar Setback. The solar setback shall be as prescribed in this ordinance.
Land Divisions.
(a)
For subdivisions, residential planned unit development, or land partitions
resulting in more that two lots, the following standards shall apply in addition to
the requirements of Subdivision Ordinance No. NS-1349.
1. Lot size.
2.
(A)
The minimum lot size for single-family residential uses shall be
2.5 acres.
(B)
For residential planned unit developments, lot sizes shall be
consistent with a minimum housing density of 0.1 units per acres
and a maximum density of 0.4 units per acres.
Lot Layout. The location of lot lines shall not significantly reduce
feasible options for the future locations of streets, or utility services, or
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10-10.9C
preclude development options on the subject property or adjacent
properties.
3.
Street Improvements. On-site street right of way sufficient to meet design
standards required by the Transportation Plan shall be dedicated.
4.
Sewer. All new lots shall be connected to a Department of Environmental
Quality-permitted community or municipal sewer system.
(A)
Connection of the lots to sewer shall be a condition of tentative
plan approval. Unless required sewer improvements are bonded,
sewer must be brought to the property line of each lot before the
final plat can be approved. In instances where the sewer
improvements are bonded, no building permits shall be issued until
all sewer improvements have been made.
(B)
For partitions resulting in two lots, the following standards and
criteria shall apply in addition to and notwithstanding any
requirements of Subdivision Ordinance No. NS-1349:
1.
Partition Configuration.
a.
A two-lot partition shall consist of a segregated lot
and a larger parent lot.
b.
The segregated lot shall be no larger than 2.5 acres,
unless additional area is required to accommodate
an existing or proposed use, in which case the area
shall be as small as possible to accommodate the
use.
i.
In determining that the lot is as small as
possible, consideration shall be limited to
the area necessary for subsurface sewage
disposal and reserve area, residential and
accessory development, required setbacks
and any land necessary to accommodate
allowable expansion of the use.
2.
Layout of lots. The location of lot lines shall not
significantly reduce feasible options for the future locations
of streets, or utility services, or preclude development
options on the subject or adjacent properties.
3.
Street improvements.
10-10.9C
BEND CODE
a.
Dedication of on-site street right of way sufficient
to meet design standards required by the
Transportation Plan shall be required.
b.
Except as otherwise allowed in subsections i,ii, and
iii herein street frontage on lots shall be improved
as set forth in NS 1349.
c.
4.
10-10.9C
i.
Where both the parent and segregated lot are
occupied by existing development, no
additional street improvements are required.
ii.
Where one of the two lots is developed, the
street need not be brought up to urban
standards at the time of partition. The
undeveloped lot shall be subject to a
development agreement in a form
satisfactory to the City requiring that the
street fronting both lots resulting from the
partition be improved to urban standards.
This agreement shall be entered into with
the City of Bend and recorded at the same
time as the recording of the final plan. Such
improvements must be made prior to the
issuance of a building permit on the
undeveloped lot.
iii.
Where both lots are undeveloped at the time
of partition, one lot shall be subject to the
development agreement described in
Subsection (ii) above.
A recorded nonremonstrance agreement in a form
satisfactory to the City for future road or drainage
improvements within the right of way abutting the
parcels shall be required.
Sewage
a.
Pursuant to DEQ rules, new development and
existing nonresidential development shall be served
by sewer when sewer is available.
i.
Sewer is considered available if a sewer
line is within 300 feet of a lot line of the
parent lot unless there are topographic or
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10-10.9C
man-made features which make connection
physically impractical or the sewer provider
determines that the sewer connection can be
deferred.
(7)
b.
Where an existing residence is served by a septic
system and drainfield, a sewer agreement in a form
prepared by the City of Bend shall be executes with
the city requiring hookup to the sewer system when
sewer becomes available.
c.
For undeveloped lots where sewer is not available, a
sewer agreement shall be executed on a form
prepared by the City of Bend setting forth the terms
and conditions under which sewer services will be
provided when sewer becomes available.
5.
The property owner shall execute a consent to annexation
to the City of Bend for the land area covered by the
partition on a form prepared by the city, which form shall
be recorded in the Deschutes County deed records no later
than the time the plat is recorded.
6.
A restrictive covenant shall be recorded for each lot in
conjunction with the final plat that prohibits further
division of those lots until the parcel can be served by
DEQ-permitted community or municipal sewer system and
urban standard roads.
Off-Street Parking. Off-street shall be provided as required in Section 24.
[Section 9C added by ORD No. 1702, passed July 15, 1998.]
10-10.9D
BEND CODE
10-10.9D
Section 9D. Urban Low Density Residential Zone or RL
(1)
Purpose. The RL zone is intended to provide large urban lots for development with a
community water system and DEQ permitted community or municipal sewer systems.
(2)
(3)
(a)
(b)
(c)
Home occupations subject to the provisions of Section 25 (15).
(d)
appurtenant to a permitted use subject to Section 27 (2).
Conditional Uses. The following conditional uses may be permitted subject to a
conditional use permit and the provision of Section 29.
(a)
Churches
(b)
boundary street, or where no street borders the cemetery, within 200 feet of a lot
in a residential zone. Subject to Section 25 (3).
(c)
Public, parochial and private schools, including nursery schools, kindergartens
and day nurseries; excluding business, dancing, trade, technical or similar
schools.
(d)
Parks and recreation facilities, fire stations, libraries, and museums; but not
including storage or repair yards, warehouses or similar uses.
(e)
Recreation facilities, including country clubs, golf courses, swimming clubs,
tennis clubs; but not including such intensive commercial recreation uses as a
racetrack or amusement park.
(f)
Utility substations or pumping stations with no equipment storage or sewage
(g)
Planned unit developments subject to provisions of Section 30.
(h)
Temporary subdivision tract offices.
(i)
Lodge and fraternal organizations, except those carried on as a business for profit.
10-10.9D
BEND CODE
10-10.9D
(j)
Keeping of livestock subject to Section 25 (7)
(k)
Moving in a single-family dwelling built prior to January 1, 1961.
(l)
Manufactured home park.
(m)
Duplex on a lot of 40,000 square feet or larger.
(n)
Plant nurseries subject to Section 25 (19)
(o)
Time share unit or the creation thereof, subject to Section 25 (23).
(p)
Hydroelectric facility subject to the provisions of Section 25 (20).
(q)
Temporary Housing, up to 10 beds, subject to the Special Use Standards in
Section 25.
(4)
Height Regulations.
No building or structure shall be hereafter erected, enlarged or structurally altered to
exceed 30 feet in height.
(5)
Lot Requirements.
The following lot requirements shall be observed, provided that the Hearings Body or
Planning Director may allow smaller lots or different housing types in a new subdivision
approved pursuant to this title and consistent with the Comprehensive Plan designation
for preservation of forested areas or significant rock outcroppings when these lots are
internal to the subdivision or after hearing if they are located on the edge of the new plat.
(a)
Lot. Area. Every lot shall have a minimum area of 20,000 square feet.
(b)
Lot Width. Every lot shall have a minimum average width of 100 feet.
(c)
Frontage: Every lot shall have a minimum width at the street of 50 feet, except
that on an approved cul-de-sac this may be reduced to 30 feet.
(d)
Front Yard. The front yard shall be a minimum of 30 feet.
(e)
Side Yard. A side yard shall be a minimum of five feet and the sum of the two
side yards shall be a minimum of 15 feet.
(f)
Rear Yard. The rear yard shall be a minimum of 20 feet.
(g)
Lot Coverage. Maximum lot coverage by buildings and structures shall be 35
percent of the lot area.
(h)
Solar Setback. The solar setback shall be as prescribed in Section 26 A.
10-10.9D
(6)
BEND CODE
10-10.9D
Land Divisions.
(a)
For subdivisions, residential planned unit developments, or land partitions
resulting in more than two lots, the following standards shall apply in addition to
the requirements of Ordinance No. NS-1349:
1.
Lot size.
a.
The minimum lot size for single family residential uses shall be
20,000 square feet and the maximum single family residential lot
size shall be 40,000 square feet.
b.
For residential planned unit developments, lot sizes shall be
consistent with a minimum housing density of 1.1 units per acre
and a maximum density of 2.2 units per acres.
2.
Lot Layout. The location of lot lines shall not significantly reduce
feasible options for the future locations of streets, or utility services, or
preclude development options on the subject property or adjacent
properties.
3.
Street Improvements. On-site street right of way sufficient to meet design
standards required by the Transportation Plan shall be dedicated.
4.
Sewer. All new lots shall be connected to a Department of Environmental
Quality-permitted community or municipal sewer system.
a.
Connection of the lots to sewer shall be a condition of tentative
plat approval. Unless required sewer improvements are bonded,
sewer must be brought to the property line of each lot before the
final plan can be approved. In instances where the sewer
improvements are bonded, no building permits shall be issued until
all sewer improvements have been made.
b.
For partitions resulting in two lots the following standards and
criteria shall apply in addition to and notwithstanding any
requirements of Ordinance No. NS-1349.
1.
Partition Configuration.
a.
A two-lot partition shall consist of a segregated lot
and a larger parent lot.
b.
The segregated lot shall be no larger than 40,000
square feet, unless additional area is required to
10-10.9D
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10-10.9D
accommodate an existing or proposed use, in which
case the area shall be as small as possible to
accommodate the use.
i.
c.
In determining that the lot is as small as
possible, consideration shall be limited to
the area necessary for subsurface sewage
disposal and reserve area, residential and
accessory development, required setbacks
and any land necessary to accommodate
allowable expansion of the use.
A parent lot greater than 40,000 square feet and less
than 5 acres in size requires a redevelopment plan.
The redevelopment plan shall demonstrate that
consistent with the requirements of Ordinance No.
NS-1349, it is feasible for the lot to accommodate
future subdivisions at the average density proposed
in the Comprehensive Plan (2.2 units per acre).
i.
The redevelopment plan shall consist of a
map showing proposed lots or building
envelopes and roads to serve those lots or
building envelopes and of restrictive
covenants incorporating the redevelopment
map and restricting further development of
the parent parcel except in conformance
with the redevelopment map.
ii.
The restrictive covenant shall be recorded in
the Deschutes County deed records in
conjunction with the recording of the
partition plat.
2.
Layout of lots. The location of lot lines shall not
significantly reduce feasible options for the future locations
of streets or utility services, or preclude development
options on the subject or adjacent properties.
3.
Street improvements.
a.
Dedication of on-site street right of way sufficient
to meet design standards required by the
Transportation Plan shall be required.
10-10.9D
BEND CODE
b.
10-10.9D
Except as otherwise allowed in Subsection (b)(i),
(B)(ii) and (b)(iii) herein, streets fronting on the lots
shall be improved to urban standards, as set forth in
NS 1349.
i.
Where both the parent and segregated lot are
occupied by existing development, no
additional street improvements are required.
ii.
Where one of the two lots is developed, the
street need not be brought up to urban
standards at the time of partition. The
undeveloped lot shall be subject to a
development agreement in a form
satisfactory to the City requiring that the
street fronting both lots resulting from the
partition be improved to urban standards.
This agreement shall be entered into with
the county and recorded at the same time as
the recording of the final plat. Such
improvements must be made prior to the
issuance of a building permit on the
undeveloped lot.
iii.
Where both lots are undeveloped at the time
of partition, one lot shall be subject tot he
development agreement described in
Subsection (ii) above.
c.
A recorded non-remonstrance agreement in a form
satisfactory to the City, for future road or drainage
improvements within the right of way abutting the
parcels shall be required.
4.
Sewage.
a.
Pursuant to DEQ rules, new development and
existing nonresidential development shall be served
by sewer when sewer is available.
1.
Sewer is considered available if a sewer line
is within 300 feet of a lot line of the parent
lot unless there are topographic or manmade features which make connection
physically impractical or the sewer provider
10-10.9D
BEND CODE
10-10.9D
determines that the sewer connection can be
deferred.
b.
Where an existing residence is served by a septic
system and drainfield, a sewer agreement in a form
prepared by the City of Bend shall be executed with
the city requiring hookup to the sewer system when
sewer becomes available.
c.
For undeveloped lots where sewer is not available, a
sewer agreement shall be executed on a form
prepared by the City of Bend setting forth the terms
and conditions under which sewer services will be
provided when sewer becomes available.
5.
The property owner shall execute a consent to annexation
to the City of Bend for the land area covered by the
partition on a form prepared by the city, which form shall
be recorded in the Deschutes County deed records no later
than the time the plat is recorded.
6.
A restrictive covenant shall be recorded for each lot in
conjunction with the final plat that prohibits further
division of those lots until the parcel can be served by
DEQ-permitted community or municipal sewer system and
urban standard road.
(7) Off-Street Parking. Off-street parking shall be provided as required in Section 24.
[Section 9D added by ORD No. 1702, passed July 15, 1998.]
[Section 9D(3)(q) added by ORD No. NS-1866 passed May 21, 2003]
10-10.10
Section 10.
BEND CODE
10-10.10
Urban Standard Residential Zone or RS ZONE.
(1)
Purpose. The RS Zone is intended to provide for the most common urban residential
densities in places where community sewer services are or will be available and to
encourage, accommodate, maintain and protect a suitable environment for family living.
(2)
(3)
(a)
(b)
(c)
Rooming and boarding of not more than two persons.
(d)
Home occupations subject to the provisions of Subsection (15) of Section 25.
(e)
Park rehabilitation, minor betterment and repairs.
(f)
Accessory dwelling in a subdivision or Planned Unit Development (PUD) approved
after December 2, 1998, provided that overall density in subdivision or PUD does not
exceed 7.3 dwelling units per gross acre.
(a)
Mobile home subdivision subject to standards of Subsection (11) of Section 25.
(b)
Churches.
(c)
boundary street, or where no street borders the cemetery, within 200 feet of a lot in a
residential zone.
(e)
Public, parochial and private schools, including nursery schools, kindergartens and
day nurseries; but not including business, dancing, trade, technical or similar schools.
(f)
Parks and recreation facilities, fire stations, libraries, museums; but not including
storage or repair yards, warehouses or similar uses.
10-10.10
BEND CODE
10-10.10
(g)
Recreation facility, including country clubs, golf courses, swimming clubs, tennis
clubs; but not including such intensive commercial recreation uses as a race track or
amusement park.
(h)
(i)
Planned Unit Developments subject to provisions of Section 30.
(j)
Temporary subdivision tract offices.
(k)
Rear lot development subject to Subsection (14) of Section 25.
(l)
Lodge and fraternal organizations, except those carried on as a business for profit.
(m)
Duplex in areas designated RS provided that each lot occupied by a duplex shall
have a minimum area of 12,000 square feet for lots created before December 2, 1998,
or 8,000 square feet for lots created after December 2, 1998.
(n)
Two single-family dwellings on one lot in areas designated RS provided that each lot
occupied by two single-family dwellings shall have a minimum area of 12,000
square feet for lots created before December 2, 1998 and 8,000 for lots created after
December 2, 1998, and also provided that all yard and coverage requirements set
forth in Subsection (5) of Section 10 are observed. In addition, no dwelling unit
shall be located within 10 feet of any other dwelling unit on the same lot. There shall
be provided for the rear dwelling unoccupied and unobstructed access not less than
15 feet wide to the street fronting the lot.
(o)
Keeping of livestock, subject to Subsection (7) of Section 25.
(p)
Moving in a single-family dwelling built prior to January 1, 1961.
(q)
Mobile home park.
(r)
Radio and television transmission facilities.
(s)
Plant nursery subject to Section 25, Subsection (19).
(t)
Condominiums.
(u)
A building or structure over 30 feet in height.
(v)
(w)
Bed and Breakfast Inn, subject to the standards set forth in Section 25(24).
10-10.10
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10-10.10
(y)
Hydroelectric facility, subject to the provisions of Section 25, Subsection (20).
(z)
Diagnostic testing, counseling, administrative, office and meeting facilities for nonprofit and public community service programs for children and families limited
specifically to Lots 4, 5, 6, 7, 8, 9 and 10, Block 25; and Lots 1, 2, 3 and 4, Block 24,
NW Townsite Company's Second Addition to Bend.
(aa)
Public or not for profit facility that provides temporary residential care or shelter.
Such facility shall be licensed by the State of Oregon and be within 1000 feet of an
arterial street.
(bb)
Other dwelling types when part of a new master planned subdivision or Planned Unit
Development (PUD) approved after December 2, 1998, that provides and protects
areas of special interest and/or open space approved by the City.
(cc)
Section 25.
(4)
structurally altered to exceed 30 feet in height without a conditional use permit.
(5)
Lot Requirements. The following lot requirements shall be observed, provided that the
approval authority may allow smaller lots of different housing types in a new subdivision or
Planned Unit Development (PUD) approved pursuant to this ordinance and consistent with
the Comprehensive Plan designations for preservation of areas of significant interest when
these lots or housing types are internal to the subdivision or PUD.
(a)
Lot Area: A lot in a subdivision or Planned Unit Development approved after
December 2, 1998, shall have a minimum area of 4,000 square feet provided that the
overall density does not exceed 7.3 dwellings per gross acre. All other lots shall
have a minimum area of 6,000 square feet. New lot development is subject to Section
10.10.10(8) below and shall have an overall density range of 2.0 - 7.3 units per gross
acre.
(b)
Lot width: Lots shall have a minimum width of 60 feet except in subdivisions or
Planned Unit Developments (PUDs), approved after December 2, 1998, where the
minimum width is 40 feet.
(c)
Front Yard: The front yard shall be either a minimum of 20 feet except an existing 40
or 50 foot corner may have one front yard of 10 feet, provided the garage or carport
is at least 20 feet from the property line, or a minimum of 10 feet from the property
line when the following conditions exist:
A
B.
The lot is within a subdivision platted after August 6, 1997 and the garage is
setback a minimum of 20 feet from the front property line, and
The lot fronts on a local public or private street.
10-10.10
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10-10.10
(d)
Side Yard: A side yard shall be a minimum of 5 feet and the sum of the two side
yards shall be a minimum of 15 feet except that in subdivisions or Planned Unit
Developments (PUDs) approved after December 2, 1998, a side yard shall be a
minimum of at least 5 feet and the sum of the two side yards shall be a minimum of
10 feet except for zero lot line subdivisions approved pursuant to the City’s
subdivision ordinance.
(e)
Rear Yard: The rear yard shall be a minimum of 5 feet.
(f)
Lot Coverage: Maximum lot coverage by buildings and structures shall be 35
(h)
Solar Setback: The solar setback as prescribed in Section 26A.
(6)
(7)
Other Required Conditions. See Section 25 applying to Special Uses.
(8)
Residential Compatibility Standards The following standards shall apply to new
subdivision lots created after (XXX) the date of adoption and shall be observed
(a)
Purpose. The residential compatibility standards in this section are intended to
provide added protection to residentially zoned properties and existing
neighborhoods from potential impacts sometimes associated with increased
residential density development.
(b)
Applicability. The residential compatibility standards shall apply to all RS zoned
development properties that are abutting existing residential lots, excluding lots in
the RM and RH zoning districts, that have been legally created through a
subdivision plat and have a minimum lot size of 8,000 square feet or greater.
(c)
Lot Development Standards.
i. No more than two new lots or portions thereof shall adjoin an existing lot
boundary.
ii. New lots along an adjoining subdivision boundary where existing lots are
20,000 square feet or greater shall be at least 15,000 square feet in area.
(d)
Building Setbacks The building setback regulations of the Residential
Compatibility Standards shall apply to the side and/or rear setbacks of lots that
abut the existing development in accordance with the following standards:
i.
Minimum Rear Yard Setback. The rear yard setback of the subject property
shall be the same as the required rear yard setback of the abutting existing
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10-10.10
subdivision.
ii. Minimum Side Yard Setback. The side yard setback of the subject property
shall be the same as the required side yard setback for the abutting existing
subdivision.
(e)
Exceptions.
i. When the adjoining existing lot width is greater than 300 feet, the developer
may establish a lot pattern along the adjoining subdivision boundary
consisting of 15,000 square foot lots with a minimum lot depth of 100 feet. In
no instance as described above, shall the new development lots be required by
this section to exceed 15,000 square feet in size. This exception may result in
more than two (2) new lots abutting an existing large subdivision lot.
ii. All lot configurations subject to this section shall conform to the. Residential
Compatibility Standards or be approved
through a hearing process.
iii. Public or private alleys, streets with less than 60-foot right of way, and open
space tracts less than 30 feet in width shall not be allowed to abut an existing
subdivision boundary as a means of circumventing the compatibility standards
provided herein.
iv. When the adjoining existing residential development is bordered by a
common open space tract less than 30 feet in width, the new development
shall be subject to the Residential Compatibility Standards in Section 10.10.10
(8) above.
[Section 10(3) amended by Ord. No. NS-1201 passed February 21, 1979.]
[Section 10(2)(f) added by ORD. NS-1260, passed December 5, 1979.]
[Section 10(2)(g) added by ORD. NS-1308, passed January 7, 1981.]
[Section 10(3) amended by Ord. No. NS-1308 passed January 7, 1981.]
[Section 10(3) amended by Ord. No. NS-1372 passed March 2, 1983.]
[Section 10(5) amended by Ord. No. NS-1378 passed June 1, 1983.]
[Section 10(3) amended by Ord. No. NS-1418 passed August 21, 1985.]
[Section 10(3) amended by ORD. No. NS-1444 passed July 16, 1986.]
[Section 10(3) amended by ORD. No. NS-1464 passed November 18, 1987]
[Section 10(3)(x) repealed by ORD. No. NS-1531 passed April 17, 1991]
[Section 10(3)(z) added by Ord. No. NS-1587 passed April 7, 1993.]
[Section 10(3)(aa) added by Ord. No. NS-1601 passed September 15, 1993.]
[Section 10(5)(c) amended by Ord. No. NS-1685 passed August 6, 1997.]
[Section 10(2)(e),(f); 10(3)(d),(k),(m),(n),(bb); 10(5)(a),(b),(c)(A),(d),(g) amended by Ord. No.
NS-1708 passed December 2, 1998.]
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10-10.10
[Section 10(3)(z) amended by Ord. No. NS-1718 passed April 7, 1999]
[Section 10(3)(cc) added by ORD No. NS-1866, passed May 21, 2003]
[Section 10(5)(a) amended, and Section 10(8) added by Ord. NS-1908, passed Jan. 21, 2004]
10-10.11
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10-10.11
Section 11. Urban Medium Density Residential Zone, or RM Zone.
(1) Purpose. This zone is intended to provide for the development of medium density multiplefamily residential structures where such buildings are reasonably spaced on the lot to provide for
light, air, privacy, safety and insulation against transmission of sound in areas with sewer and water
services. Each development of two or more units is subject to Site Plan approval as provided in
Section 23.
(2) Permitted Uses. The following uses are permitted:
(a)
Two-family dwelling or duplex.
(b)
Two single-family dwellings on one lot, provided that no dwelling is located within
10 feet of any other dwelling on the same lot, and also provided that all lot area, yard
and coverage requirements set forth in Subsection (5) of Section 11 are observed.
There shall be provided for the rear dwelling unoccupied and unobstructed access not
less than 15 feet wide to the street fronting the lot.
(c)
Multiple-family dwellings, apartment houses, dwelling group, and condominiums.
(d)
Farming, excluding the keeping of livestock.
(e)
Home occupations in a detached single-family dwelling unit or duplex and subject to
the provisions of Subsection (15) of Section 25.
(f)
Offices incidental and necessary to the conduct of a permitted use.
(g)
Off-street parking lots when appurtenant to a permitted use.
(h)
Mobile home park, subject to the provisions of Subsection (8) of Section 25.
(i)
Day care, kindergarten, nursery school.
(3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional
(a)
Nursing homes, rooming and boarding houses.
(b)
Churches.
(c)
Public, parochial and private schools, not including business, trade, technical or
similar schools.
(d)
storage or repair yards, warehouses and similar uses.
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10-10.11
(e)
Planned Unit Developments subject to the provisions of Section 30.
(f)
(g)
Off-street parking lots when contiguous to a less restrictive zone.
(h)
Buildings over 30 feet in height.
(j)
Moving and location of a dwelling built prior to January 1, 1961.
(k)
(l)
(m)
Timeshare Unit or the creation thereof, subject to the provisions of Section 25.
(n)
Offices for dentist, physician, or other practitioner of the healing arts, including
physical therapy; medical, dental, and healing arts clinics and laboratories and
pharmacies that are located within a medical, dental, or healing arts clinic or office in
the following described area only:
A tract of land in the NE 1/4 NW 1/4 Section 34, T. 17 S., R. 12 E., W.M., Deschutes
County, Oregon, more particularly described as follows: commencing at the north
quarter corner of said Section 34, thence S. 89° 34' 36" W., 340.5 feet along the
section line to the true point of beginning of this description; thence continuing
along the Section line S. 89° 34' 36" W., 500 feet; thence S. 00 25' 34" E., 143.35
feet; thence S. 89° 02' 28" E., 160 feet; thence N. 00° 25' 34" W., 41.57 feet; thence
N. 89° 34' 36" E., 40 feet; thence S. 00° 25' 34" E., 41.20 feet; thence S. 89° 02' 28"
E., 300 feet; thence N. 00° 25' 34" W., 155.80 feet to the true point of beginning.
Except therefrom that portion of this description which lies within the right of way of
Neff Road.
(o)
Hydroelectric facility, subject to the provisions of Subsection (20) of Section 25.
(p)
Section 25.
(4) Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed a height of 30 feet without approval of a Conditional Use Permit.
(5) Lot Requirements. The following lot requirements shall be observed:
(a)
Lot Area: Every lot shall have a minimum area of 2,500 square feet for the first unit
plus 2,000 square feet per unit thereafter. A lot having a width of less than 50 feet,
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10-10.11
and an area of less than 2,500 square feet of record at the time of the passage of this
ordinance, may be occupied by one single-family dwelling provided that all the yard
requirements of this section are observed.
(b)
Lot Width: Every lot shall have a minimum width of 30 feet. The lot width may be
reduced to 20 feet for lots in an approved zero lot line subdivision.
(c)
Front Yard: The front yard shall be a minimum of 10 feet except a garage or carport
shall be a minimum of 20 feet.
(d)
Side Yard: There shall be a minimum side yard of 5 feet and the sum of the side
yards shall be a minimum of 10 feet. The side yards shall be increased by ½ foot for
each foot by which the building height exceeds 15 feet.
(e)
Rear Yard: There shall be a rear yard having a depth of not less than 5 feet. The rear
yard shall be increased by 1/2 foot for each foot by which the building height
exceeds 15 feet.
(f)
Side and rear yard setbacks for duplexes and triplexes are subject to standards in
Section 23 (d) and (e).
(g)
For single family residences, the side yard shall be a minimum of five feet on one
side and a total of the two side yards shall be 10 feet. The rear yard shall be a
minimum of five feet.
(h)
percent of the total lot area.
(i)
Zero Lot Line Subdivision or Partition: Regulations for a side yard setback may be
waived for an approved zero lot line subdivision or partition.
(j)
(6) Off-Street Parking. Off-street parking shall be provided as required in Section 24.
(7) Special Yards and Distances Between Buildings. The following special yards and distances
between buildings shall be observed:
(a)
An inner court providing access to double-row dwelling groups shall be a minimum
of 20 feet.
(b)
The distance between principal buildings shall be at least 10 feet. This requirement
shall also apply to portions of the same building separated from each other by a court
or other open space.
[Section 11(2)(i) amended by ORD. NS 1261, passed December 19, 1979.]
10-10.11
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10-10.11
[Section 11(3)(c) amended by ORD. NS-1261, passed December 19, 1979.]
[Section 11(2)(c) amended by ORD. NS-1308, passed January 7, 1981.]
[Section 11(3)(h) amended by ORD. NS-1308, passed January 7, 1981.]
[Section 11(4) amended by ORD. NS-1308, passed January 7, 1981.]
[Section 11(3)(l) amended by ORD. NS-1201, passed February 21, 1981.]
[Section 11(5) amended by ORD. NS-1372, passed March 2, 1983.]
[Section 11(7)(b) amended by ORD. NS-1372, passed March 2, 1983.]
[Section 11(5) amended by ORD. NS-1378, passed June 1, 1983.]
[Section 11(3)(m) amended by ORD. NS-1380, passed June 15, 1983.]
[Section 11(3)(n) amended by ORD. NS-1408, passed March 6, 1985.]
[Section 11(3)(o) amended by ORD. NS-1444, passed July 16, 1986.]
[Section 11(3)(n) amended by ORD. NS-1459, passed June 3, 1987.]
[Section 11(3)(i) repealed by ORD. NS-1531, passed April 17, 1991.]
[Section 11(5)(a) amended by ORD. NS-1618, passed September 7, 1994.]
[Section 11(3)(c) amended by ORD. NS-1632, passed May 3, 1995.]
[Section 11(1) amended by ORD. NS-1651, passed February 7, 1996.]
[Section 11(5)(f) and (g) added by ORD. NS-1651 passed February 7, 1996.]
[Section 11(5)(c) amended by ORD. NS-1685 passed August 6, 1997.]
[Section 11(1), (3)(c), (5)(a)(b)(c)(d)(g) amended by ORD. NS-1708 passed December 2, 1998.]
[Section 11(3)(p) added by ORD No. NS-1866 passed May 21, 2003]
10-10.11A
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10-10.11A
Section 11A. Urban Medium-10 Residential Zone, or RM-10 Zone.
(1)
Purpose. This zone is intended to provide for the development of manufactured home parks
and low density multiple family residential structures where such buildings are reasonably
spaced on the lot to provide for light, air, privacy, safety and insulation against transmission
of sound in areas with sewer and water services. Each development of two or more units is
subject to Site Plan approval as provided in Section 23.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(j)
(k)
(l)
(m)
(n)
(4)
Mobile home park, subject to the provisions of Subsection (8) of Section 25.
Two-family dwelling or duplex.
Multiple-family dwellings, apartment houses, dwelling group, and condominiums.
Farming, excluding the keeping of livestock.
Home occupations in a detached single-family dwelling unit or duplex and subject to
the provisions of Subsection (15) of Section 25.
Offices incidental and necessary to the conduct of a permitted use.
Off-street parking lots when appurtenant to a permitted use.
Day care, kindergarten, nursery school
Nursing homes, rooming and boarding houses.
Churches.
Public, parochial, private schools, not including business, trade, technical or similar
schools.
storage or repair yards, warehouses and similar uses.
Planned Unit Developments subject to the provisions of Section 30.
Off-street parking lots when contiguous to a less restrictive zone.
Moving and location of a dwelling built prior to January 1, 1961.
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10-10.11A
structurally altered to exceed a height of 30 feet without approval of a Conditional Use
Permit.
(5)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
plus 4,000 feet for each additional unit, provided that manufactured home park
spaces are as small as allowed by State law and provided the park density as a whole
does not exceed 10 units per gross acre.
Lot Width: Every lot shall have a minimum width of 50 feet.
Front Yard: The front yard shall be a minimum depth of 10 feet except a garage or
carport shall be setback a minimum of 20 feet.
Side Yard: There shall be a minimum side yard of 5 feet and the sum of the side
yards shall be a minimum of 10 feet. The side yards shall be increased by ½ foot for
each foot by which building height exceeds 15 feet.
Rear Yard: There shall be a rear yard having a depth of not less than 5 feet. The rear
yard shall be increased by ½ foot for each foot by which the building height exceeds
15 feet.
Section 23 (d) and (e).
Zero Lot Line Subdivision or Partition: Regulations for a side yard setback may be
waived for an approved zero lot line subdivision or partition.
(6)
(7)
Special Yards and Distances Between Buildings. The following special yards and distances
between buildings shall be observed:
(a)
(b)
of 20 feet.
shall also apply to portions of the same building separated from each other by a court
or other open space.
[Section 11A added by Ord. No. NS-1707 passed December 2, 1998.]
10-10.13
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10-10.13
Section 12. Urban High Density Residential Zone, or RH Zone.
(1)
Purpose. This zone is intended to provide for high density multiple-family developments in
locations close to shopping and services, transportation or public open space, and, in
appropriate locations to provide a transitional use area between residential areas and other
less restrictive zones. The professional and office uses included in this zone are intended to
enhance the function of this zone in transitional areas and to encourage this transition in a
more residential character.
(2)
Permitted Uses. The following uses are permitted subject to the provisions of Section 23.
(a)
Duplexes.
(b)
(c)
Multiple-family dwellings, apartment houses and dwelling groups and
condominiums.
(d)
Rooming and boarding houses.
(e)
Offices for: architect or designer, accountant, attorney, dentist, physician or other
practitioner of the healing arts, engineer, insurance agent or adjustor, investment or
management counselor, surveyor, wholesale lumber broker and real estate broker.
(f)
Medical and dental clinics and laboratories and pharmacy located within a clinic.
(g)
Nursing and convalescent homes.
(h)
Nursery schools, kindergartens and day-care facilities, subject to Subsection (17) of
Section 25.
(i)
Mobile home park.
(j)
Photographic studios excluding retail sales of cameras, equipment, film or supplies.
(k)
Off-street parking lots when appurtenant to a permitted use in an abutting
commercial or industrial zone.
(l)
Necessary and incidental services such as a dining room, barber shop, beauty shop,
hobby shop, etc., included within apartment buildings provided that the facilities are
used by and services rendered to only tenants of the building and their guests.
10-10.13
(m)
BEND CODE
Incidental services in commercial buildings, including restaurants, florist, barber
shop, beauty shop, hobby shop included within an existing building otherwise
permitted in the RH zone. There shall be no signs visible from the exterior of the
building, there shall be no exterior public access to the use, the hours of operation
shall be limited to the hours for the uses permitted in the building and there shall be
no exterior seating or displays. The parking for such uses shall be limited to one
space per 300 square feet of gross floor area. These uses shall be limited in size to
commercial buildings with the following gross square footage:
Buildings 10,000 to 50,000 square feet
Buildings over 50,000 square feet
(3)
10-10.13
1,000 square feet
1,500 square feet
(a)
Public, parochial and private schools, but not including business, technical or similar
schools.
(b)
Dancing or music schools.
(c)
Parks, recreation facilities, fire stations, libraries, museums; but not including storage
or repair yards, warehouses or similar uses.
(d)
(e)
Hospital, laboratory, orthopedic supply house, sanitarium (except animal hospital
and clinic, hospital or sanitarium for contagious, mental, drug or liquor addict cases).
(f)
Planned Unit Development.
(g)
Club, lodge and fraternal organization except those carried on as a business for
profit.
(h)
Off-street parking lots when contiguous to a less restrictive zone. For required
development standards see Section 24.
(i)
Motel, apartment hotel, when located near hospitals or similar facilities, restaurants
and bars within a hotel provided there is no external advertising.
(j)
Mortuaries.
(k)
Housing for the elderly (see Subsection (18) of Section 25).
(l)
Buildings in excess of 45 feet in height.
10-10.13
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10-10.13
(m)
(n)
Churches.
(o)
(p)
Beauty and barber shop.
(q)
Temporary Housing, up to 50 beds, subject to the Special Use Standards in Section
25.
(4)
Permit.
(5)
(a)
plus 1,000 square feet for each additional dwelling unit.
(b)
Lot Width: Every lot shall have a minimum width of 30 feet. The minimum lot
width may be reduced to 20 feet if part of a zero lot line subdivision.
(c)
Front Yard: The front yard shall be a minimum of 10 feet except on corner lots
where vision clearance requirements shall apply.
(d)
Side Yard: Side yards shall be a minimum of 5 feet. The side yards shall be
increased by ½ foot for each foot by which the building height exceeds 15 feet.
(e)
Rear Yard: The rear yard shall be a minimum of 5 feet. A rear yard shall be
(f)
Section 23 (11) (d) and (e).
(g)
For single family residences, the side yard setbacks shall be a minimum of five feet
on one side and the total of the two side yards shall be ten feet.
(h)
(i)
(6)
(7)
Special Yards and Distances between Buildings. Special yards and distances between
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10-10.13
buildings shall be provided as follows:
(a)
of 20 feet in width.
(b)
shall also apply to portions of the same buildings separated from each other by a
court or other open space.
[Section 12(4) amended by ORD. NO. NS-1308 passed January 7, 1981]
[Section 12(2)(c) amended by Ord. NS-1372, passed March 2, 1983]
[Section 12(7)(b) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 12(5) amended by ORD. No. NS-1378 passed June 1, 1983]
[Section 12(3) amended by ORD. No. NS-1415 passed July 3, 1985]
[Section 12(2) amended by ORD. No. NS-1651 passed February 7, 1996]
[Section 12(5) (f) and (g) added by ORD. No. NS-1651 passed February 7, 1996]
[Section 12(2) (m) added by ORD. No. NS-1669 passed February 5, 1997]
[Section 12(2)(k), (5)(a)(b)(f)(g) amended by ORD. No. NS-1708 passed December 2, 1998]
[Section 12(3)(q) added by ORD No. NS-1866 passed May 21, 2003]
10-10.13
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10-10.13
Section 13. Neighborhood Commercial Zone or CN Zone.
(1)
Purpose. This zone is intended to provide for the location of small businesses and services in
residential section of the City for the convenience of nearby residents; also to recognize
existing uses of this type within the City. New CN zones shall have a maximum area of
20,000 square feet of contiguous land. The businesses are intended to fit into the residential
pattern of development and not create either land use, architectural or traffic conflicts. The
above site sizes for new CN zones and the following regulations are intended to protect the
residential environment and to be consistent with the General Plan. These zones shall
generally be no closer than three-fourths of a mile apart.
(2)
Permitted Uses. The following uses are permitted in a CN Neighborhood Commercial Zone,
subject to the provisions of Section 23.
(3)
(a)
Existing residential uses, without any increase in density.
(b)
Grocery stores or specialty food store.
(c)
Barber and/or beauty shop.
(d)
Clothes cleaning agency.
(e)
Laundromat.
(f)
Video rental store.
(g)
Coffee shop, cafe, or delicatessen not to exceed 2,000 square feet of gross floor area.
(h)
Pharmacy.
(i)
Electronic service center providing photocopying, FAXing, and computer network
access.
(j)
Mail box rental and package store.
(k)
Accessory buildings customarily appurtenant to a permitted use.
(l)
Dwelling units that are above or behind a permitted commercial use and secondary to
that commercial use.
Conditional Uses. The following conditional uses may be permitted subject to the provisions
of Section 29.
(a)
(4)
Automobile service stations subject to special use requirements in Section 25.
10-10.13
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10-10.13
structurally altered to exceed 30 feet in height.
(5)
(a)
Lot Area: Not to exceed ½ acre in area.
(b)
Lot Width: No requirement.
(c)
Lot Depth: Each lot shall have a minimum depth of 100 feet.
(d)
Front Yard: The front yard building setback distance shall be the same as the
adjacent residential zone.
(e)
Side Yard: None, except when a side lot line is abutting a lot in an RS, RM, or RH
zone and then the side yard shall be a minimum of 10 feet. The required side yard
shall be increased by ½ foot for each foot by which the building height exceeds 20
feet.
(f)
Rear Yard: None, except when a rear lot line is abutting a lot in an RS, RM or RH
zone and then the rear yeard shall be a minimum of 10 feet. The required rear yard
shall be increased by ½ foot for each foot by which the building height exceeds 20
feet.
(g)
(h)
(6)
Off-Street Parking and Loading. Off-street parking and loading space shall be provided as
required in Section 24, except that up to two parking spaces on the street may be counted as
part of the required spaces.
(7)
Other Required Conditions.
(a)
All uses shall be conducted wholly within an enclosed building, except for off-street
parking and loading facilities.
(b)
Items produced or wares and merchandise handled shall be limited to those sold at
retail on the premises.
(c)
In any CN Zone directly across the street or alley from an RS, RM or RH zone, the
parking and loading area shall be set back at least 10 feet from the street or alley
right-of-way and said set back area shall be appropriately landscaped to protect the
character of adjoining and adjacent residential property. Such landscaping shall be
maintained.
10-10.13
BEND CODE
10-10.13
(d)
See Section 25 apply to Special Uses where applicable.
(e)
The front of new buildings shall be sited at the front yard setback line with a
pedestrian walkway between the sidewalk and an entrance to the building. The
building and any eaves, overhangs, or awnings shall not interfere with the required
clear vision area at corners or driveways.
(f)
Motor vehicle parking shall be located at the side or behind the building. Parking lots
and maneuvering areas shall be maintained and kept clean on a regular basis.
(g)
Motor vehicle parking and maneuvering areas adjacent to residential lots shall be
screened with a wood fence that is typical of residential areas.
(h)
Buildings within the CN zone shall have external architectural features such as roof
line, exterior materials, window size and location, doors, porches, and entrances that
are similar to the predominant residential pattern in the area.
(i)
Landscaped areas shall be planted in live ground cover, shrubs, lawn, flowers and
trees that are typical of residential areas. The use of cinder rock, river rock,
ornamental concrete or stonework, and artificial turf or carpeting is prohibited.
(j)
Lighting fixtures shall be designed to direct light down onto the site and away from
residential property. No pole light shall exceed ten feet in height. Parking lot lights
shall be turned off by 10:30 pm.
(k)
Signs on the building or site shall be as specified in the current City sign code.
(l)
Operating hours for commercial uses shall be limited to period from 6:00 am to
10:00 pm.
10-10.13
BEND CODE
10-10.13
[Section 13(3)(b) deleted by ORD. No. NS-1308 passed January 7, 1981]
[Section 13(7)(e)(f) added by ORD. No. NS-1592 passed June 2, 1993]
[Section 13(2)(g) added by ORD. No. NS-1614 passed May 18, 1994]
[Section 13(3) amended by ORD. No. NS-1614 passed May 18, 1994]
[Section 13(2) (b) and (d) amended by ORD No. NS-1642 passed November 1, 1995]
[Section 13(2)(f)-(j) added by ORD No. NS-1642 passed November 1, 1995]
[Section 13(3)(a) added by ORD No. NS-1642 passed November 1, 1995]
[Section 13(5)(d), (6), (7)(c) and (7)(f) amended by ORD No. NS-1642 passed November 1, 1995]
[Section 13(7)(g)-(l) added by ORD No. NS-1642 passed November 1, 1995]
10-10.14
BEND CODE
10-10.14
Section 14. Convenience Commercial Zone or CC Zone.
(1)
Purpose. This zone is intended to provide locations for a relatively wide range of small
businesses and services which fit into the residential development pattern as a convenience
to residents in that part of the City and to recognize existing uses of this type within the City.
New centers of this type are intended to be limited in size to not more than four acres of
contiguous land and to be located and developed in a manner consistent with the General
Plan.
(2)
Permitted Uses. The following uses are permitted in a CC Convenience Commercial zone
and subject to provisions of Section 23.
(a)
Any use permitted in the CN zone.
(b)
Antique shop.
(c)
Appliance sales (household) including minor repairs.
(d)
Art galleries, libraries and reading rooms.
(e)
Artist supplies and picture framing.
(f)
Auto parts sales (new).
(g)
Baker, retail.
(h)
Bank or other financial institution.
(i)
Barber and beauty shop.
(j)
Bicycle shop.
(k)
Clothing store or tailor shop.
(l)
Clothes cleaning agency using non-flammable cleaning agents, including self-service
cleaning establishments and a clothes cleaning pickup agency.
(m)
Confectionery or delicatessen.
(n)
Dairy products, sales only.
(o)
Drug store, including soda fountain.
(p)
Dry goods store, millinery shop, dress shop.
10-10.14
(3)
BEND CODE
(q)
Florist shop.
(r)
Food and health food store.
(s)
Gift shop, notion or variety store.
(t)
Hardware store.
(u)
Hobby shop and toy store.
(v)
Jewelry store.
(w)
Leather goods and luggage.
(x)
Musical instruments.
(y)
Laundry pick-up agency, self-service laundry.
(z)
Medical and dental clinic and office.
(aa)
Office - business or professional.
(bb)
Photographic supplies and studio.
(cc)
Radio and television sales and service.
(dd)
Restaurant.
(ee)
Shoe store, shoe repair shop.
(ff)
Planned Unit Development subject to the provisions of Section 30.
(gg)
Accessory buildings customarily appurtenant to a permitted use.
(hh)
Technical and business schools.
10-10.14
(a)
New residential dwelling units, excluding mobile home parks, that are not a part of
an approved commercial use.
(c)
Dancing or music school, nursery school, kindergarten and day-care facility.
10-10.14
BEND CODE
10-10.14
(d)
Public buildings and public utility buildings and structures as may be appropriate to
the CC zone.
(e)
Church, club, lodge or fraternal organization.
(f)
Automobile service station and minor auto repair.
(g)
Mortuary.
(h)
Motel and hotel.
(i)
Bar, cocktail lounge and tavern.
(j)
A building over 30 feet in height.
(k)
(4)
structurally altered to exceed a height of 30 feet without a Conditional Use Permit.
(5)
Lot Requirements. The following minimum lot requirements shall be observed:
(a)
Lot Area: No requirements.
(b)
Lot Width: No requirements.
(c)
Lot Depth: 100 feet.
(d)
Front Yard: The front yard shall be a minimum of 10 feet.
(e)
Side Yard: None, except when a side lot line is abutting a lot in an "R" zone and
then the side yard shall be a minimum of 10 feet. The required side yard shall be
(f)
Rear Yard: None, except when a rear lot line is abutting a lot in an "R" zone and
then the rear yard shall be a minimum of 10 feet. The required rear yard shall be
(g)
(h)
10-10.14
(6)
BEND CODE
10-10.14
required in Section 24.
(7) Other Required Conditions.
(a)
All uses shall be conducted wholly within an enclosed building except for off-street
parking and loading facilities, automobile service stations and drive-up windows.
(b)
(c)
In any CC zone directly across the street from and "R" zone, the parking and loading
area shall be set back at least 10 feet from the street right-of-way and said area shall
be appropriately landscaped along the residential street frontage to protect the
character of the adjoining residential property. Such landscaping shall be
maintained.
(d)
See Section 25 applying to Special Uses where applicable.
(e)
New buildings shall be sited at the front yard setback line for lots with one frontage
and at both front yard setback lines for corner lots. For lots with more than two front
yards the building(s) shall be oriented to the two busiest streets. The building and
any eaves, overhangs, or awnings shall not interfere with the required clear vision
area at corners or driveways.
(f)
Motor vehicle parking shall be located at the side or behind the building.
(g)
At least one pedestrian walkway of concrete, paving block, or similar hard surface
material shall be provided between the sidewalk and an entrance to the building.
10-10.14
BEND CODE
Figure 14.1
Example of Building Layout
10-10.14
10-10.14
BEND CODE
[Section 14(3)(b) deleted by ORD. No. NS-1308 passed January 7, 1981]
[Section 14(2) amended by ORD. NO. NS-1372 passed March 2, 1983]
[Section 14(3)(j) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 14(4) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 14(3)(k) amended by ORD. No. NS-1380 passed June 15, 1983]
[Section 14(3)(a) amended by ORD. No. NS-1475 passed July 20, 1988]
[Section 14(7)(e)(f)(g) added by ORD. No. NS-1592 passed June 2, 1993]
[Section 14(3)(a) amended by ORD. No. NS-1614 passed May 18, 1994]
10-10.14
10-10.15
BEND CODE
10-10.15
Section 15. Limited Commercial Zone, or CL Zone.
(1)
Purpose. This zone is intended to establish locations for the development of commercial
centers to provide for the shopping and service requirements for large sections of the
community and to recognize existing uses both in centers and as parts of commercial strips.
New community centers shall be limited to a minimum area of 12 acres of a maximum area
of 20 acres of contiguous land and shall be developed in a manner consistent with the
General Plan.
(2)
Permitted Uses. The following uses are permitted in the CL Zone subject to the provisions
of Section 23.
(a)
Existing residential uses without any increase in density.
(b)
Ambulance service.
(c)
Antique shop.
(d)
Appliance sales (household), including minor repairs.
(e)
Art galleries, libraries and reading rooms.
(f)
Artist supplies and picture framing.
(g)
Auto parts sales.
(h)
Automobile sales (new).
(i)
Bakery, retail.
(j)
(k)
Barber and beauty shop.
(l)
Book or stationery store.
(m)
Bicycle shop.
(n)
Clothing store or tailor shop.
(o)
Clothes cleaning agency using non-flammable cleaning agents,
service cleaning establishments and pickup cleaning agencies.
(p)
Confectionery or delicatessen.
including self-
10-10.15
BEND CODE
(q)
Dairy products, sales only.
(r)
Drug store, including soda fountain.
(s)
Dry goods store, millinery shop, dress shop.
(t)
Florist shop.
(u)
Food and health food store.
(v)
Frozen food locker, excluding wholesale storage.
(w)
Furniture and home furnishing store.
(x)
Garden supply store.
(y)
Gift shop, notion or variety store.
(z)
Hardware store or paint store.
(aa)
Hobby shop and toy store.
(bb)
Jewelry store.
(cc)
Leather goods and luggage.
(dd)
Musical instruments.
(ee)
Medical and dental clinic and office.
(ff)
Motel or hotel.
(gg)
Office - business or professional.
(hh)
Pet shop.
(ii)
Photographic supplies and studio.
(jj)
Printer.
(kk)
Radio and television sales and service.
(ll)
Radio and television broadcasting studios and facilities.
10-10.15
10-10.15
BEND CODE
10-10.15
(mm) Restaurant, bar and cocktail lounge including entertainment.
(nn)
Shoe store, shoe repair shop.
(oo)
Service station.
(pp) Upholstery shop.
(3)
(qq)
(rr)
(ss)
Bus terminal.
(tt)
Dwelling units that are above or behind a permitted commercial use and secondary to
that commercial use.
(uu)
25
(a)
New residential dwelling units, excluding mobile home parks, that are not a part of
an approved commercial use.
(b)
Automotive sales lot (used).
(c)
Bowling alley.
(d)
Car wash.
(f)
Dancing or music school, nursery school, kindergarten and day-care facility.
(g)
Department store.
(h)
Drive-in restaurant.
(i)
Public buildings and public utility buildings and structures as may be appropriate to
the CL zone.
(j)
Church, club, lodge or fraternal organization.
(k)
Commercial off-street parking lot.
(l)
Mortuary.
10-10.15
BEND CODE
10-10.15
(m)
Theater.
(n)
Veterinary clinic or kennel operated entirely within an enclosed building.
(o)
Minor automotive repair, battery and tire store provided the business is wholly
conducted within an enclosed building and all waste or used parts are removed from
the premises each day.
(p)
A building over 30 feet in height.
(q)
Truck parts sales and truck repair in the CL zone on either side of 3rd Street provided
the business is conducted within an enclosed building.
(r)
(s)
(4)
Height Regulations. No building or structure shall be thereafter erected, enlarged or
(5)
(6)
(a)
(b)
(c)
Lot Depth: 100 feet.
(d)
(e)
Side Yard: None, except when a side lot line is abutting a lot in an "R" Zone and
(f)
Rear Yard: None, except when a rear lot line is abutting a lot in an "R" Zone and
then the side yard shall be a minimum of 10 feet. The required rear yard shall be
(g)
(h)
10-10.15
(7)
BEND CODE
10-10.15
(a)
All uses shall be conducted wholly within an enclosed building except for off-street
parking and loading facilities, automobile service stations, automobile sales, and
drive-up windows.
(b)
(c)
In any CL Zone directly across the street from an "R" Zone, the parking and loading
area shall be set back at least 10 feet from the street right-of-way and said area shall
be appropriately landscaped along the residential street frontage to protect the
maintained.
[Section 15(3)(e) deleted by ORD. No. NS-1308 passed January 7, 1981]
[Section 15(3)(a) amended by ORD No. NS-1475 passed July 20, 1988]
[Section 15(2)(tt) added by ORD No. NS-1614 passed May 18, 1994]
[Section 15(3)(a) amended by ORD No. NS-1614 passed May 18, 1994]
[Section 15(2)(uu) added by ORD No. NS-1866 passed May 21, 2003]
10-10.16
BEND CODE
10-10.16
Section 16. Highway Commercial Zone or CH Zone.
(1)
Purpose. This zone is intended to provide for those uses which have large site requirements,
or are oriented to highway access, or provide service to the traveling public, or are dependent
on thoroughfare travel. In addition, highway commercial zones can include limited
commercial uses and commercial recreation facilities.
(2)
(a)
(b)
Ambulance service.
(c)
Any permitted use in the CL Zone.
(d)
Bank, office and financial institution.
(e)
Auto sales lot (including truck sales as part of a new car agency), provided all repair
work is within an enclosed building.
(f)
Automobile parts sales, automobile repair (major), tire sales (including recapping),
battery sales and repair, all to be conducted within an enclosed building.
(g)
Automobile service station subject to standards of Section 25.
(h)
Car wash facilities.
(i)
Carpenter, electrical, plumbing, sheet metal, welding, electroplating, heating and
sign shops, auto and furniture upholstery shops, printing, publishing and
lithographing shops and paint shops operated entirely within an enclosed building.
(j)
Commercial recreation facilities such as a bowling alley, skating rink, dance hall, but
not including golf driving range or drive-in theater.
(k)
Equipment sales, service, rental and repair.
(l)
Grocery store, gift store or souvenir shop.
(m)
Hotel and motel.
(n)
Mobile home, trailer and recreational vehicle sales and service.
(o)
Motorcycle sales, service and repair.
10-10.16
(3)
BEND CODE
10-10.16
(p)
Restaurant, cafe, refreshment stand, drive-in restaurant, bar, tavern, club and lodge.
(q)
Retail business and service establishment providing home furnishings, supplies and
service for home improvements including garden supplies nurseries, greenhouses,
retail lumber yards, paint and wallpaper, plumbing, heating and electrical sales and
service, drapery, floor covering and tile.
(r)
Veterinary clinic operating entirely within an enclosed building.
(s)
Second hand store operated within an enclosed building.
(t)
Places for public assembly such as churches, meeting halls, auditoriums, lodges,
clubs, fraternal organizations and mortuaries.
(u)
Public buildings and public utility structures as may be appropriate to the CH Zone.
(v)
Commercial off-street parking lot.
(w)
Planned Unit Development.
(x)
Radio and television broadcasting studios and facilities.
(y)
Laundry and dry cleaning establishment.
(z)
Monument sales, retail.
(aa)
Accessory uses and buildings customarily appurtenant to a permitted use.
(bb)
(cc)
Bus terminal.
(dd)
Section 25.
(a)
Drive-in theater, golf driving range and miniature golf course.
(b)
Existing industrial uses.
(c)
Trailer park and campground.
(d)
Building over 30 feet in height.
10-10.16
BEND CODE
10-10.16
(e)
Auction house or yard.
(f)
Wholesale business, storage, warehousing, transfer company
company.
(g)
Department store.
(h)
Towing service where no wrecked or impounded vehicles are kept on the site.
(i)
Residential use excluding mobile home parks.
(j)
and trucking
(4)
(5)
(a)
(b)
(c)
(d)
Front Yard: The front yard shall be a minimum of 10 feet, except when a side lot
line is abutting a lot in an "R" Zone and then the front yard shall be the front yard
required in the abutting "R" Zone.
(e)
Side Yard: None, except when a side lot line is abutting an "R" Zone and then the
side yard shall be a minimum of 10 feet. The required side yard shall be increased
by ½ foot for each foot by which the building height exceeds 20 feet.
(f)
Rear Yard: None, except when a rear lot line is abutting a lot in the "R" Zone and
(g)
Lot Coverage: No requirements.
(h)
(6)
(7)
(a)
All business, service, repair, processing, storage or merchandise display on property
10-10.16
BEND CODE
10-10.16
abutting or across the street from a lot in an "R" Zone shall be conducted wholly
within an enclosed building unless screened from the "R" Zone by a sight-obscuring
fence or wall not less than 6 feet nor more than 8 feet in height. Said fence or wall
shall not extend into a required front yard area.
(b)
Motor vehicle, boat or trailer rental, sales or storage lot shall be drained and surfaced
with pavement except in those portions of the lot maintained as landscaped areas.
[Section 16(3) amended by ORD. No. 1308 passed January 7, 1981]
[Section l6(3)(d) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 16(2)(cc) added by ORD. No. NS-1372 passed March 2, 1983]
[Section 16(3) amended by ORD. NO. NS-1380 passed June 15, 1983]
[Section 16(3)(i) amended by ORD. No. NS-1475 passed July 20, 1988]
[Section 16(2)(dd) added by ORD No. NS-1866 passed May 21, 2003]
10-10.17
BEND CODE
10-10.17
Section 17. General Commercial Zone or CG Zone.
(1)
Purpose. This zone is intended to provide for a broad mixing of commercial uses and for
wholesale and heavier commercial uses in older, close-in sections of the community.
(2)
Permitted Uses. The following uses are permitted in the CG zone subject to the provisions
of Section 23.
(a)
Any use permitted the CL zone.
(b)
Wholesale business, storage, warehousing, transfer company and trucking company.
(c)
Auto and Truck sales, new or used, service and repair.
(d)
Public buildings and public utility structures and service yards.
(e)
Contractor's office and equipment storage yard or storage and rental of equipment
commonly used by contractors.
(f)
Major automotive repair and towing services provided all storage is conducted
within a building or within a sight obscuring fence.
(g)
Carpenter, electrical, plumbing, sheet metal, welding, electroplating, heating and
sign shops, auto and furniture upholstery shops, printing, publishing and
lithographing shops and paint shops operated entirely within an enclosed building.
(h)
Cold storage plant, including storage and office.
(i)
Bakery, creamery, soft drink bottling plant, laundry, dry cleaning, dying or rug
cleaning.
(j)
Feed, seed and fuel stores conducted wholly within a completely enclosed building.
(k)
Secondhand store.
(l)
(m)
Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage, are permitted.
(n)
Bus terminal.
(o)
Veterinary clinics conducted within an enclosed building.
(p)
25.
10-10.17
(3)
BEND CODE
10-10.17
(a)
Department store.
(b)
Buildings in excess of 45 feet.
(c)
Residential use subject to the standards of the RH Zone excluding mobile home
parks.
(d)
(4)
structurally altered to exceed a height of 45 feet, without Conditional Use Permit approval.
(5)
(a)
(b)
(c)
(d)
Front Yard: The front yard shall be a minimum of 10 feet, except when abutting a
yard in an "R" Zone and then the front yard shall be the front yard required in the
abutting "R" Zone.
(e)
Side Yard: None, except when a side lot line is abutting a yard in an "R" Zone and
(f)
Rear Yard: None, except when a rear lot line is abutting a lot in an "R" District and
(g)
(h)
(6)
(7)
(a)
10-10.17
BEND CODE
10-10.17
fence or wall not less than 6 feet nor more than 8 feet in height. Said fence or wall
shall not extend into a required front yard area.
(b)
[Section 17(4) amended by ORD. No. NS-1308 passed January 7, 1981]
[Section 17(2)(n) added by ORD. No. NS-1372 passed March 2, 1983]
[Section 17(3)(c) amended by ORD. No. NS-1475 passed July 20, 1988]
[Section 17(2)(o) added by ORD. No. NS-1678 passed May 7, 1997]
[Section 17(2)(c) amended by ORD. No. NS-1686 passed August 20, 1997]
[Section 17(2)(p) added by ORD No. NS-1866 passed May 21, 2003]
10-10.18
BEND CODE
10-10.18
Section 18. Central Business Zone, or CB Zone.
(1)
Purpose. This zone is intended to serve as the central trading area for the City and
surrounding urbanized areas.
(2)
Permitted Uses. The following uses are permitted in the CB Central Business Zone.
(3)
(a)
(b)
Beauty or barber shop or other personal service establishment.
(c)
Business or professional office.
(d)
Eating or drinking establishment.
(e)
Hotel or motel.
(f)
Retail store.
(g)
Theater.
(h)
(i)
Bus terminal.
(j)
Dwelling units that are above the ground floor of a permitted commercial use.
(k)
25.
(a)
Food store.
(b)
Off-street parking lot.
(c)
Residential uses not on the ground floor of a building.
(d)
Buildings exceeding the height limits in Subsection (4) of Section 18.
(e)
Department store.
(f)
Small animal veterinary clinic.
10-10.18
(4)
BEND CODE
10-10.18
(g)
Right-in/right-out only driveway access to a street.
(h)
Temporary Housing, 6-25 beds, subject to the Special Use Standards in Section
25.
structurally altered to exceed the height regulation listed below without a Conditional Use
Permit.
The maximum allowable building height limit in the CB Zone shall be as follows:
•
On CB Zone properties west of Brooks Street (Subarea A shown in Figure 1), the
maximum allowable building height limit shall be 35 feet. No Conditional Use Permits
to exceed the height limit shall be allowed in this area.
•
On CB Zone properties east of Brooks Street and west of the alley between Wall and
Bond Streets (Subarea B shown in Figure 1), the maximum allowable building height
limit shall be 45 feet.
•
On CB Zone properties east of the alley between Wall and Bond Streets and west of
Bond Street (Subarea C shown in Figure 1), the maximum allowable building height
limit shall be 55 feet. Where portions of a building are higher than 45 feet, 60 percent of
the street-facing facades higher than 45 feet must be set back 1 foot from the streetfacing property line for every 1 foot that the building exceeds 45 feet in height, with a
minimum setback of 5 feet and a maximum setback of 20 feet. The required setback may
be reduced by one foot for each foot below the 45-foot height level that the setback
begins. E.g., for a building that begins its setback at the 35-foot height level (10 feet
below what is required) the required setback can be reduced by 10 feet.
•
On CB Zone properties east of Bond Street and west of the alley between Bond Street
and Lava Road (Subarea D shown in Figure 1), the maximum allowable building height
limit shall be 70 feet. Where portions of a building are higher than 45 feet, 60 percent of
the street-facing facades higher than 45 feet must be set back 1 foot from the streetfacing property line for every 1 foot that the building exceeds 45 feet in height, with a
minimum setback of 5 feet and a maximum setback of 20 feet. The required setback may
be reduced by one foot for each foot below the 45-foot height level that the setback
begins. E.g., for a building that begins its setback at the 35-foot height level (10 feet
below what is required) the required setback can be reduced by 10 feet.
•
On CB Zone properties east of the alley between Bond Street and Lava Road (Subarea E
shown in Figure 1), the maximum allowable building height limit shall be 70 feet.
10-10.18
BEND CODE
10-10.18
Projections and architectural elements that do not add habitable interior floor area to a
building, such as chimneys, spires, steeples, clock towers, skylights, atriums, elevator shaft
housings, stair enclosures, trellises, railings, flag poles, signs, mechanical equipment and
screens, antennae and other similar items not used for human occupancy, shall be allowed to
exceed the maximum allowable building height limit by 10 feet.
(5)
Lot Requirements. No requirements, except that for multiple dwellings the requirements of
Section 23C shall apply.
(6)
Off-Street Parking and Loading.
(a)
In the CB zone prior to the issuance of any building permit for construction of a new
building, enlargement of an existing building, or the change of use requiring
additional off-street parking as required by Section 24, the owner or occupant shall
pay a fee in lieu of providing the required off-street parking or provide the off-street
parking. The fee shall be established by resolution and adjusted from time to time by
the City Council.
(b)
The fee shall be a one time fee deposited in a fund to be used only for the
planning, acquisition, development and maintenance of off-street parking
facilities located in and/or adjacent to the CB zone.
10-10.18
(7)
BEND CODE
10-10.18
(c)
Buildings with five or more stories shall provide at least 15 percent of their off-street
parking requirement on site and shall not be allowed to pay the in lieu of fee for the
first 15 percent of the off-street parking requirement.
(d)
Notwithstanding Subsection (6)(c) of Section 18, the parking requirement therein
shall not apply to Lots 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 15, Plat of Bend.
(e)
Notwithstanding Subsection (6)(c) of Section 18, the review authority is authorized
to grant exceptions from the 15 percent parking requirement if it can be determined
that:
(i)
The reduction is necessary due to practical difficulties associated with
building construction, such as necessary building support elements.
(ii)
The exception is the minimum needed to achieve the purpose and objectives
of this Ordinance.
(iii)
Where a reduction in the off-street parking requirement is allowed by this
section, the in lieu of fee shall be paid.
(a)
In any CB Zone directly across a street from an "R" Zone parking and loading area
shall be set back at least 10 feet from the right of way and said area shall be
appropriately landscaped along the residential street frontage to protect the character
of the adjoining residential property. Such landscaping shall be maintained.
(b)
Site Plan approval required for the area described as requiring parking in Subsection
(6) of Section 18.
(c)
Existing off-street parking shall be maintained unless alternative parking is provided
with a redevelopment plan.
(d)
Additional development and design standards that pertain to redevelopment and
development in the CB Zone are contained in Section 23C.
(e)
All buildings in the CB Zone shall contain retail, office, or housing uses along all
street-facing facades of the ground floor to a depth of at least 50 feet into the
building.
[Section 18(3)(f) added by ORD. No. NS-1221 passed June 6, 1979]
[Section 18(2)(i) added by ORD. No. NS-1372 passed March 2, 1983]
[Section 18(4) and (6) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 18(6) amended by ORD. No. NS-1560 passed April 15, 1992]
[Section 18(7)(c) amended by ORD. No. NS-1372 passed March 2, l983]
10-10.18
BEND CODE
10-10.18
[Section 18(2)(j) added by ORD. No. NS-1614 passed May 18, 1994]
[Section 18(2)(k) added by ORD No. NS-1866 passed May 21, 2003]
[Section 18(3)(g) added by ORD No. NS-1866 passed May 21, 2003]
[Section 18(2)(j), (3)(c), (5), and (7)(d) amended by ORD NS-1919, passed April 21, 2004]
[Section 18 (3),(4),(6), and (7) amended by ORD NS-1946, passed November 17, 2004]
10-10.19
BEND CODE
10-10.19
Section 19. Industrial Park Zone or IP Zone.
(1)
Purpose. This zone is intended to provide for research or development of materials,
methods, or products, and compatible light manufacturing, in a park-like environment.
(2)
Permitted Uses. The following uses are permitted in the IP Zone subject to the provisions of
Section 23.
(3)
(a)
Existing residential uses, without any increase in density, and a dwelling unit for a
caretaker or watchman working on the property.
(b)
Scientific research or experimental development of materials, methods or products
including engineering and laboratory research.
(c)
Administrative, educational and other related activities and facilities in conjunction
with a permitted use.
(d)
Light manufacturing, assembly, fabricating or packaging of products from previously
prepared materials but excluding vehicle repair shops, cabinet shops, sawmills,
planing mills and particle board, wafer board, plywood and similar uses.
(e)
Manufacture, assembly, and testing of electronic equipment, medical instruments and
apparatus, optics, photographic equipment and supplies, musical instruments, and
related equipment.
(f)
Manufacture of food products, pharmaceuticals, and the like, but not including the
production of fish or meat products, or fermented foods, such as sauerkraut, vinegar,
or the like, or the rendering of fats and oils.
(g)
Planned Unit Development subject to the requirements of Section 30.
(i)
(j)
Enclosed storage facilities including mini-warehouse operations, but excluding
outdoor storage of vehicles, boats, and recreational vehicles.
(k)
Printing, publishing and book binding.
(a)
Public buildings and public utility structures and yards, including railroad yards.
10-10.19
BEND CODE
10-10.19
(b)
Bank, restaurant, automobile service station or the like, to serve developed permitted
uses.
(c)
Warehouse and distribution uses which the Commission finds not to be inconsistent
with the purpose of this district and which will not impair present or potential use of
adjacent properties.
(d)
(e)
Fitness facility or health center, to include child care for patrons only, showers, spa,
bathrooms, related offices, related retail for exercise clothing and equipment and sale
of refreshments.
(f)
Professional offices for architect/designer, accountant, attorney, engineer, insurance
agent, investment counselor, surveyor, travel agent and similar business services that
support the uses in the IP zone.
(4)
structurally altered to exceed a height of 45 feet, without a Conditional Use Permit approval.
(5)
(a)
Lot Area: Each lot shall have a minimum area of 1/2 acre.
(b)
(c)
(d)
(e)
Side Yard: Side yard shall be a minimum of 15 feet except when abutting a lot in an
"R" Zone and then the required side yard shall be 30 feet. No side yards are required
on the side of a building abutting a railroad right-of-way.
(f)
Rear Yard: A rear yard shall be a minimum of 15 feet except when abutting a lot in
an "R" Zone and then the rear yard shall be 30 feet. No rear yard is required on the
side of a building abutting a railroad right-of-way.
(g)
Lot Coverage: The maximum lot coverage by buildings and structures shall be 50
(h)
10-10.19
BEND CODE
10-10.19
(6)
(7)
(a)
All uses in this zone shall be carried on entirely within a completely enclosed
building except for parking and loading, and automobile service stations.
(b)
In an IP Zone directly across the street from an "R" Zone an off-street parking and
loading area shall be set back at least 20 feet from the right-of-way, and said area
shall be appropriately landscaped along the residential street frontage to protect the
maintained.
(c)
Other yards and unused property on a developed site shall be landscaped and
maintained.
(d)
Any use or portion thereof causing noise shall be performed in such a manner as not
to create a nuisance or hazard on any adjacent property.
(e)
Any use or portion thereof causing vibration shall be performed in such a manner as
not to create a nuisance or hazard on any adjacent property.
(f)
Any operation producing intense heat or glare shall be performed in such a manner
as not to create a nuisance or hazard on adjacent property.
(g)
There shall be no emission of odorous, toxic, noxious matter, or dust in such
quantities as to be readily detectable at any point along or outside property lines so as
to produce a public nuisance or hazard.
(h)
All off-street parking or loading areas and access drives shall be surfaces with dustfree surface and shall be maintained.
(i)
Fences, walls or hedges may be required by the Site Plan Committee if, in the
opinion of the Committee, such screening is necessary to protect the residential
quality of adjacent property in any "R" Zone.
10-10.19
BEND CODE
[Section 12(2) (h) deleted by ORD. No. NS-1372 passed March 2, 1983]
[Section 19(3)(e) added by ORD. No. NS-1599 passed August 4, 1993]
[Section 19(5)(a),(d),(e) and (f) amended by ORD. No. NS-1633 passed May 3, 1995]
[Section 19(2)(d) and (e) amended by ORD. No. NS-1635 passed June 7, 1995]
[Section 19(2)(j) and (k) added by ORD. No. NS-1635 passed June 7, 1995]
[Section 19(3)(f) added by ORD. No. NS-1635 passed June 7, 1995]
10-10.19
10-10.20
BEND CODE
10-10.20
Section 20. Light Industrial Zone, or IL Zone.
(1)
Purpose. This zone is intended to provide for those heavier commercial and light industrial
uses located in existing built-up areas of the City.
(2)
Permitted Uses. The following uses are permitted in the IL Zone subject to the provisions of
Section 23.
(a)
Any permitted use in the IP Zone.
(b)
Cold storage plants including storage and office.
(c)
Fuel oil distributors.
(d)
Printing, publishing and book binding.
(e)
Public utility buildings and yards.
(f)
Veterinary clinic and hospitals operated entirely within an enclosed building.
(g)
Light fabrication and repair shops such as blacksmith, cabinet, electric motor,
heating, machine, sheet metal, sign, stone monuments, upholstery and welding.
(h)
Assembly, manufacture, or preparation of articles and merchandise from the
following previously prepared types of materials; bone, canvas, cellophane, cloth,
cork, feathers, felt, fiber, leather, precious or semi-precious metal or stones, shell,
textiles, tobacco, wax, wire, wood (excluding sawmills, planing mills, particle board,
wafer board, plywood, and pulp process), yarns and paint not employing a boiling
process.
(i)
Manufacture, compounding, processing, packing or treatment of such products as
bakery goods, candy, cosmetics, dairy products and meat, drugs, perfume,
pharmaceuticals, perfumed toilet soap, toiletries; excluding the rendering of fats and
oils, fish and meat slaughtering, and fermented foods such as sauerkraut, vinegar
and yeast.
(j)
Wholesale distribution of all standard types of prepared or packaged merchandise
such as automobile supplies, drug, electrical supplies, furniture, food products,
hardware, leather goods, plumbing supplies, textiles and fabrics and general
merchandise.
(k)
Processing uses such as bottling plants, creameries, laboratories, blueprinting and
photocopying, laundries, carpet and rug cleaning plants, cleaning and dying plants,
tire retreading, recapping and rebuilding.
10-10.20
(3)
BEND CODE
10-10.20
(l)
Storage or sale yard for building materials, contractor's equipment, house mover,
delivery vehicles, transit storage, trucking terminal and used equipment in operable
condition.
(m)
Manufacture of concrete products and ceramic products using only previously
pulverized clay.
(n)
Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical
goods or precision instruments or equipment.
(o)
Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and
dressings, and other devices employed by the medical and dental professions.
(p)
Commercial parking lot.
(q)
(s)
(a)
(b)
Livestock feed and sales yard.
(c)
Ambulance service.
(d)
Service commercial uses such as banks, offices, restaurants, cafes refreshment
stands, bars, and taverns.
(e)
All types of automobile, motorcycle, truck and equipment sales, service, repair and
rental. Automobile and truck service stations.
(f)
Boat building and repair.
(g)
Retail or combination retail/wholesale lumber and building materials yard, not
including concrete mixing.
(h)
Trailer sales, storage and rental.
10-10.20
BEND CODE
10-10.20
(i)
Wholesale distribution of all standard types of prepared or packaged merchandise,
such as automobile supplies, hardware, leather goods, plumbing supplies, textiles and
fabrics, and general merchandise.
(j)
(k)
Nursery school, kindergarten and day-care facility.
(l)
Fitness facility or health center, to include child care for patrons only, showers, spa,
bathrooms, related offices, related retail for exercise clothing and equipment and sale
of refreshments provided that such a facility is located adjacent to a designated
arterial street and is in a transitional location to commercial zoning.
(m)
Combination retail and wholesale farm, ranch and garden supply provided that the
activity is located between Greenwood Avenue, Franklin Avenue, the railroad and
NE 2nd Street.
(4)
structurally altered to exceed a height of 35 feet without a Conditional Use Permit approval.
(5)
(6)
(a)
(b)
(c)
(d)
Front Yard: 10 feet except when abutting a lot in an "R" Zone and then the front
yard shall be the front yard required in the abutting "R" Zone.
(e)
Side Yard: None, except when abutting a lot in a "R" Zone and then the side yard
shall be a minimum of 20 feet. The required side yard shall be increased by ½ foot
for each foot by which the building height exceeds 20 feet.
(f)
Rear Yard: None, except when abutting a lot in an "R" Zone and then the rear yard
shall be a minimum of 20 feet. The required rear yard shall be increased by ½ foot
(g)
(h)
10-10.20
(7)
BEND CODE
10-10.20
(a)
fence or wall.
(b)
Openings to structures on sides abutting to or across the street from an "R" Zone
shall be prohibited if such access or openings will cause glare, excessive noise or
similar conditions such as to have an adverse effect on property in the "R" Zone.
(c)
(d)
In any IL Zone directly across the street from any "R" Zone the parking and loading
area, and outdoor display or storage areas shall be set back at least 10 feet from the
right of way and said areas shall be appropriately landscaped along the residential
street frontage to protect the character of the adjoining residential property. Such
landscaping shall be maintained.
(e)
Access point from a public road to properties in an IL Zone shall be so located as to
minimize traffic congestion and to avoid directing traffic on to local access streets of
a primarily residential character.
(f)
All materials, including wastes shall be stored and all grounds shall be maintained in
a manner which will not attract or aid the propagation of insects or rodents or create
health or fire hazards.
(g)
The emission of disturbing vibrations or of unpleasant odorous gasses or matter in
such quantity or at such amplitude as to be readily detectable at any point beyond the
property line of the use creating the vibrations or odors is prohibited.
(h)
All uses in the IL Zone shall be carried on in such a manner that they do not create
smoke, gas, odor, dust, sound, vibration, soot, or lighting to a degree which might be
obnoxious or offensive to persons residing in or conducting business in this or any
other zone.
10-10.20
BEND CODE
[Section 20(4) amended by ORD. No. NS-1308 passed January 7,1981]
[Section 20(2)(r) deleted by ORD. No. NS-1372 passed March 2, 1983]
[Section 20(2)(h) amended by ORD. No. NS-1475 passed July 20, 1988]
[Section 20(3)(l) amended by ORD No. NS-1604 passed October 20, 1993]
[Section 20(3)(m) amended by ORD No. NS-1603 passed October 20, 1993]
10-10.20
10-10.21
BEND CODE
10-10.21
Section 21. General Industrial Zone, or IG Zone.
(1)
Purpose. This zone is intended to provide for the establishment of light and heavier
industrial uses essential to the development of a balanced economic base in an industrial
environment with a minimum conflict between industrial uses and residential and light
commercial uses.
(2)
(3)
(a)
Any permitted use in the IL Zone.
(b)
Any manufacturing, processing, repairing, research, assembling, wholesale or storage
uses, excepting the manufacturing of explosives and the slaughtering of animals.
(c)
(d)
Veterinary clinic.
(e)
(f)
(h)
(a)
Asphalt plant.
(b)
Wrecking yard or junk yard.
(c)
(d)
Livestock feed or sales yard.
(e)
Any conditional use permitted in the IL District.
(4)
structurally altered to exceed a height of 35 feet without Conditional Use Permit approval.
(5)
10-10.21
BEND CODE
10-10.21
(a)
(b)
(c)
(d)
Front Yard: None, except when abutting a lot in an "R" Zone and then the front yard
shall be the front yard required in the abutting "R" Zone.
(e)
Side Yard: None, except when abutting a lot in an "R" Zone and then the side yard
shall be a minimum of 20 feet. The required side yard shall be increased by ½ foot
(f)
Rear Yard: None, except when abutting a lot in an "R" Zone and then the rear yard
shall be a minimum of 20 feet. The required rear yard shall be increased by ½ foot
for each foot by which the building exceeds 20 feet.
(g)
(h)
(6)
(7)
(a)
fence or wall.
(b)
Openings to structures on sides adjacent to or across the street from an "R" Zone
shall be prohibited if such access or openings will cause glare, excessive noise or
other conditions such as to have adverse effects on property in the "R" zone.
(c)
(f)
In any IG Zone directly across the street from an "R" Zone the parking and loading
area, and outdoor display or storage areas shall be set back at least 10 feet from the
right of way and said areas shall be appropriately landscaped along the residential
street frontage to protect the character of the adjoining residential property. Such
landscaping shall be maintained.
(e)
Access point from a public road to properties in an IG Zone shall be so located as to
minimize traffic congestion and to avoid directing traffic on to local access streets of
10-10.21
BEND CODE
10-10.21
a primarily residential character.
(f)
All materials, including wastes, shall be stored and all grounds shall be maintained in
a manner which will not attract or aid the propagation of insects or rodents or create
health or fire hazards.
(g)
The emission of vibrations or of odorous gasses or matter in such quantities as to be
readily detectable at any point beyond the property line of the use creating the
vibrations or odors is prohibited.
(h)
All uses in the IG Zone shall be carried on in such a manner that they do not create
smoke, gas, odor, dust, sound, vibration, soot, or lighting to a degree which might be
obnoxious or offensive to persons residing in or conducting business in this or any
other district.
[Section 21(5) amended by ORD. NO. NS-1260 passed December 5, 1979]
[Section 21(2)(g) deleted by ORD. NO. NS-1372 passed March 2, 1983]
[Section 21(5) amended by ORD. NO. NS-1378 passed June 1, 1983]
10-10.21A
BEND CODE
10-10.21A
Section 21A. Mixed-use Riverfront Zone or MR Zone.
(1)
Purpose. The purpose of this zone is to implement the General Plan policies for the creative
redevelopment of mill site properties adjacent to the Deschutes River. It is intended to allow
for a mix of uses that:
(a)
Provide a variety of employment opportunities and housing types;
(b)
Foster pedestrian and other non-motor vehicle activity;
(c)
Ensure functionally coordinated, aesthetically pleasing and cohesive site planning
and design;
(d)
Ensure compatibility of mixed-use developments with the surrounding area and
minimize off-site impacts associated with the development; and
(e)
Encourage access to, and enjoyment of, the Deschutes River.
(2)
Development Plans Required. The Mixed-use Riverfront zone shall only be applied to the
area designated on the Bend Area General Plan Map. Before development of properties can
occur in the MR zone, a Facilities Plan shall be reviewed and approved. Before development
of properties, other than property described in Section 4(d) below can occur in the MR zone,
a Master Development Plan shall be reviewed and approved. The Facility Plan shall be
processed as a Type II Activity. The Bend Urban Area Planning Commission acting as the
Design Review Board shall review and approve the Master Development Plan..
(3)
Facilities Plan. Prior to or concurrent with submitting a Master Development Plan the
owners shall submit for review and approval a Facilities Plan that shows how the area will be
served by roads and utilities.
(a)
(b)
Due to the size and physical variations of the MR zone area the Facilities Plans shall
be prepared for three subareas:
(A)
West of the river and north of Colorado Avenue.
(B)
West of the river and south of Colorado Avenue.
(C)
East of the river.
The Facilities Plan shall, at a minimum, include:
(A)
A map of existing and planned water and sewer facilities to serve the subarea
including line sizes, general location or routes, and how the lines will tie in
with areas adjacent to the MR zone.
(B)
A map of existing and planned collector and arterial streets adjacent to the
10-10.21A
BEND CODE
10-10.21A
subarea and of the general route of planned collector, arterial, and major local
streets through the subarea and where the streets will connect with the
existing collector or arterial street system.
(c)
(4)
(C)
Such other utility or transportation information as the City may determine.
(D)
A written narrative that explains or describes:
i.
How the proposed water, sewer, and street system will be adequate to
serve the type and size of development planned for the area;
ii.
How the location and sizing of facilities on- site will be consistent
with the existing and planned utilities;
iii.
How adequate water flow volumes will be provided to meet fire flow
and domestic demands; and
iv.
The function and location of any private utility systems.
The Facilities Plan shall be approved if it is determined to be consistent with the
Utilities Master Plan and the Transportation Element of the Bend Area General Plan
and other information required by the City.
Master Development Plan. The minimum acreage for a Master Development Plan shall be
ten acres unless specifically exempted as described in Section (4)(d) below. The Master
Development Plan shall include maps and descriptive text as described in (a) and (b) below
which shall serve as approval standards for the Master Development Plan.
(a)
(b)
The Master Development Plan shall include a plan view drawing with dimensions
that show the following elements and how they fit together as a functional design:
(A)
Building envelope;
(B)
Parking area location, size and access;
(C)
Access points to local streets and major street network;
(D)
Pedestrian/bicycle corridors;
(E)
Landscape areas; and
(F)
Other open space and common areas.
The Master Development Plan shall demonstrate that the proposal satisfies the
planning and design objectives of a mixed-use development. Such text shall address:
(A)
The expected uses to be developed and approximate square footage of
10-10.21A
BEND CODE
10-10.21A
building area in each category;
(B)
Creation of a stimulating and attractive mixed-use environment through the
use and inter-relationship of open spaces, building locations, building scale
and design, and pedestrian amenities;
(C)
Providing pedestrian access and movement to and through the site in a
manner that maximizes foot traffic exposure to goods and services and
minimizes conflicts with vehicle circulation areas;
(D)
Encouraging access to and enjoyment of the Deschutes River;
(E)
Providing for traffic and service vehicle circulation between on-site uses as
appropriate;
(F)
Maintaining and improving the aesthetic and location advantages provided
by the terrain and natural features of the site and minimize alteration thereof
as much as practicable;
(G)
Reducing to a minimum any negative impacts of proposed uses on adjacent
properties and ensure the livability of residential areas when applicable;
(H)
Any private development covenants, conditions or restrictions that will be
recorded with the property;
(I)
Any other information the City may require;
(J)
How the types and levels of uses are consistent with the planned function,
capacity and level of service of transportation facilities.
(c)
Upon approval of a Master Development Plan all subsequent building and site
development must comply with the approved Master Development Plan and the
standards and conditions in this section. Minor alterations to an approved Master
Development Plan may be revised or modified as a Type II Activity using the
procedures and standards in this section. A minor alteration to a Master Plan may
include adjustments to local street and pedestrian corridor alignments, alterations to
site design guidelines, changes to lot configurations, and the re-location of plazas and
open space within the master plan area provided the approved Master Development
Plan concept is not compromised.
(d)
Exemptions:
(A)
Properties less than ten (10) acres in size that are not a part of a previously
approved and valid Master Development Plan and cannot practicably be
combined with surrounding properties in the MR zone may apply
independently for a Master Development Plan in accordance with Section (4)
10-10.21A
BEND CODE
10-10.21A
above; and
(B)
As an alternative to sub-section (A) above, properties that were less than ten
(10) acres in size on or before August 4, 1995 and that are not part of a
previously approved and valid master Development Plan may develop after
obtaining site plan and design review approval from the Bend Urban Area
Planning Commission after demonstrating compliance with Sections
10.10.23, 10.10.23A(6)(a)(E) and 10.10.24 of the City Zoning Ordinance.
The Commission shall use the master planning and design objectives set forth
in Sections 10.10.21A(4)(b)(A)-(J), to the extent applicable to the subject
property, when determining compliance with Section 10.10.23. Section
10.10.23A(6)(a)(E) applies to a Section (d)(B) site plan review even if
Section 10.10.23(A)(6)(a)(E), by its express terms, would not otherwise
apply to such an application.
10-10.21A
(5)
BEND CODE
10-10.21A
Permitted Uses. The following permitted uses are subject to the building and site design
standards of subsection (4) of this Section. Permitted uses may be restricted or mitigation
measures applied if the use conflicts with existing uses adjacent to the MR zone. Any
proposed development that is on property within 100 feet of the ordinary high water mark of
the Deschutes River is also subject to the design review standards in Section 22A.
Industrial:
(a)
Manufacture, assembly, and packaging of products from previously prepared
materials such as cloth, plastic, paper, leather, and precious or semi-precious metal or
stone.
(b)
Manufacture, assembly, and processing of food and beverages.
(c)
Manufacture, assembly, and testing of communications equipment, medical
instruments and apparatus, optics, photographic equipment and supplies, timing
equipment, musical instruments and related equipment.
(d)
Research, engineering and development facilities or laboratories.
(e)
Motion picture or video production facilities and sound stages.
(f)
Printing, publishing, and book binding.
(g)
Warehouse, storage, and distribution center, with any retail space limited to 15% of
the gross floor area or a maximum 15,000 square feet, for:
(h)
(A)
Postal and package delivery or mail order companies;
(B)
Household or consumer goods; and
(C)
Plumbing, electrical, heating, hardware and similar goods used in the
construction industry.
Studio for manufacturing of pottery items, metal sculpture, and other artistic
products.
Commercial:
(i)
Branch banks and other financial institutions designed to serve the area businesses
and adjacent neighborhoods.
(j)
Business support services including copying, blueprinting, film developing and
processing, photo reproduction, accounting, computer services, building and grounds
maintenance, security services, and temporary help.
10-10.21A
BEND CODE
10-10.21A
(k)
Motel, hotel or similar lodging facilities.
(l)
Conference center and meeting facilities when associated with a motel, hotel or
similar lodging facility.
(m)
Commercial recreational facilities such as indoor theaters and athletic clubs but
excluding intensive outdoor facilities such as go-cart tracks, bumper boats, BMX
courses, and target ranges.
(n)
Offices.
(o)
Restaurants, delicatessens, cafes, and similar food service establishments excluding
drive-through service.
(p)
Retail sales and service businesses with less than a total of 15,000 square feet of
gross floor area, but excluding the following uses:
(A)
Motor vehicle or equipment repair and painting;
(B)
Motor vehicle sales or storage;
(C)
Veterinary clinics with kennels;
(D)
Drive-up windows for motor vehicle service.
(E)
Notwithstanding the above, structures in existence at the time of the adoption
of Ordinance No. NS-1636 creating the MR Zone that exceed 15,000 square
feet may be leased as a single retail sales and service unit regardless of total
gross floor area.
(q)
Child day care centers and pre-schools subject to the special standards in Section
25(17) of this ordinance.
(r)
Vocational, training, or technical schools.
(s)
Automobile service stations subject to the special standards in Section 25(1) of this
ordinance.
Residential:
(t)
Single family detached or attached homes.
(u)
Duplex, triplex, and multi-family dwellings subject to site plan and design review
approval.
(v)
Apartments, lofts and similar dwelling units located above ground floor commercial
10-10.21A
BEND CODE
10-10.21A
and industrial uses.
Miscellaneous:
(6)
(w)
Utility facilities that are necessary to serve the developments within the MR zone
such as power substations, pump stations, wells and reservoirs.
(x)
Public facilities such as a park, library, fire station, amphitheater, and armory.
(y)
Planned Unit Development (PUD) subject to the standards in Section 30 of this
ordinance.
(z)
Pedestrian amenities such as seating areas, drinking fountains, low level directional
signs, and waste receptacles.
(aa)
Other compatible uses subject to approval by the Design Review Board.
Building and Site Development Standards. In addition to the Master Development Plan
approval in Section (4) the development of individual buildings and related areas shall
comply with the following standards. Building and Site Development shall be processed as a
Type II Activity.
(a)
Deschutes River Corridor Design Review. Property within 100 feet of the ordinary
high water mark of the Deschutes River shall comply with Section 10.10.22A of this
ordinance.
(b)
Bed and Banks of Deschutes River. Any fill or removal of material or vegetation
within the bed or banks of the Deschutes River shall comply with Section
10.10.25(26) of this ordinance.
(c)
Height limitations. No new building or modification to an existing building shall
exceed 35 feet in height without receiving conditional use approval in Section 29.
(d)
Building Design. Buildings and structures shall have architectural elements and
features which are in scale with each other. The colors and exterior material of
buildings within the Master Development Plan shall be compatible. Buildings
housing retail uses shall provide ample window area oriented toward pedestrian
walkways or plazas.
(e)
Landscaping and Open Space. The design and development of landscaping and open
space shall:
(A)
Retain and conserve riparian vegetation within the bed and banks of the
Deschutes River and adjacent to the river to the maximum extent practicable.
There shall be no net loss of natural wetlands adjacent to the river.
10-10.21A
BEND CODE
10-10.21A
(B)
Emphasize the use of native trees, shrubs, or other plants adapted for survival
and growth in the high desert life zone.
(C)
Include street trees and parking area trees which are in scale with the
development.
(D)
Provide a cohesive open space and pedestrian network within the
development, with appropriate connections to surrounding properties and
uses.
(E)
Provide pleasing transitions between uses, soften and buffer utility and
loading areas, and provide pleasing textures and variety particularly next to
buildings, along walkways, and within pedestrian plazas.
(F)
Include open spaces and plazas which are in scale with the development and
invite activity appropriate to adjoining uses.
(f)
Operations within Buildings: For industrial and commercial uses all manufacturing,
processing, assembling, packaging, repairing, and storing of equipment, materials
and supplies shall occur within enclosed buildings. Exceptions to this requirement
may be allowed as necessary to comply with state and local safety regulations.
(g)
Refuse collection and recycling: Refuse collection and recycling areas for businesses
shall be enclosed with a fence, wall or structure high enough to screen all collection
bins.
(h)
Outside mechanical equipment: Industrial or commercial heating, ventilation, air
conditioning, or other mechanical equipment on rooftops or ground shall be screened
with a material and design that is visually compatible with the building.
(i)
Lighting: Parking lot lights, security lights, and other lights on a development site
shall not exceed a height of 25 feet above the site's finish grade. All on-site lighting
shall be designed to direct light down onto the site and away from adjacent
residential property.
(j)
Drainage: All drainage from buildings, parking/loading areas, and other impervious
surfaces shall be retained on the development site or directed to a drainage facility as
part of an overall drainage master plan using dry wells or other City approved
method such as landscaping, retention basin, swale, or similar bio-filtration systems
that are not directly connected to a surface stream or canal.
(k)
Parking: Motor vehicle and bicycle parking shall comply with the standards in
Section 24 of this ordinance. The following exceptions to the parking standards may
be allowed if part of the approved Master Development Plan: the use of parking
areas away or separated from the buildings or uses, and parallel parking on collector
streets if bicycle lanes and adequate vehicle lanes are provided.
10-10.21A
BEND CODE
10-10.21A
(l)
Utilities: Electric power, natural gas, telephone and cable lines shall be installed
underground.
(m)
Signs: Directional and identification signs shall be in proportion with and visually
related to the architectural character of the building and restrained in size. Pole signs
are not allowed in the Mixed-use Riverfront Combining zone.
(n)
Industrial Air Emissions: There shall be no emission of odorous, toxic, noxious
matter, or dust in such quantities from industrial operations as to be readily
detectable along or outside the MR zone boundary as to produce a public nuisance or
hazard.
(o)
Local Streets: Local streets approved as part of the Master Development Plan may be
public or private streets. If private streets are proposed as part of a Master
Development Plan, the Director shall:
(A)
Ensure that public access is not restricted except as agreed to by the City.
(B)
Provide adequate access for emergency vehicles and for school buses as
necessary.
(C)
Provide that construction standards and specifications are satisfactory to the
City.
SECTION 2. The zoning map is amended to designate the property shown on Exhibit A (attached)
as zoned MR.
[Section 21A added by ORD. No. NS-1636, passed July 5, 1995]
[Section 21A(2) amended by ORD No. NS-1694, passed June 3, 1998]
[Section 21A(4)(c) amended by ORD No. NS-1694, passed June 3, 1998]
[Section 21A(2) amended by ORD No. NS-1845, passed November 6, 2002]
[Section 21A(4) amended by ORD No. NS-1845, passed November 6, 2002]
[Section 21A(4)(d) added by ORD No. NS-1845, passed November 6, 2002]
[Section 21A(5)(p) added by ORD No. NS-1952, passed December 15, 2004]
10-10.21B
BEND CODE
10-10.21B
Section 21B. Mixed Employment Zone or ME Zone.
(1) Purpose. The zone is designed to provide for a mix of uses such as office, retail, services, light
manufacturing and warehousing that offer a variety of employment opportunities in an aesthetic
environment and having a minimal impact on surrounding uses.
(2) Permitted Uses. The following uses are permitted in the ME Zone subject to the provisions of
Design Review and Site Plan review in Section 23 and Section 23 A.
(a)
(b)
(c )
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
Automobile and truck repair and service, provided wholly within an enclosed building.
Automobile, truck, and recreation vehicle sales of new vehicles, including service
facilities and outdoor storage of vehicles.
Bakery for wholesale and retail distribution.
Banks, savings and loan institutions, credit unions and other financial institutions.
Barber, beauty shop, hair dresser, and similar cosmetology services.
Business services including copying, blueprinting, photo reproduction, package
distribution, electronic communications, accounting, secretarial, travel agency,
building maintenance, and security services.
Contractor equipment storage and operation yards, and rental of equipment and
machinery commonly used by contractors.
Creamery, soft drink bottling plant, alcoholic beverage bottling plant, and similar uses.
Dwelling unit for a caretaker or watchman working on the property.
Educational or training facilities.
Fitness facility or health center, to include child care for patrons only, related
administrative offices, related retail for exercise clothing and equipment and sale of
refreshments.
Hotels, motels, boarding houses and similar lodging facilities.
Laundry, dry cleaning, and fabric dying.
Light manufacturing, assembly, fabricating or packaging of products from previously
prepared materials such as cloth, plastic, paper, leather, precious or semi-precious
metals or stones.
Manufacture, testing and assembly of electric, electronic, photographic or optical
instruments, equipment or software.
Manufacture, assembly and packaging of food products, pharmaceuticals, and
beverages, but not including the production of fermented foods, such as sauerkraut,
vinegar, or the like, or the rendering of fats and oils.
Motion picture and video production sound stages and studios, and television, or radio
broadcasting studios.
Offices for designers, engineers, planners, computer technicians, architects, surveyors,
realtors, property appraisers, insurance agents, travel agents, and similar professional
offices.
Offices and clinics for medical doctors, dentists, ophthalmologists, opticians, and
similar practitioners of the and healing arts.
Printing, publishing, lithography, and book binding.
Retail stores and shops not to exceed 20,000 square feet in gross floor area.
10-10.21B
(w)
(x)
(y)
(z)
(aa)
(ab)
(ac)
(ad)
(ae)
(af)
BEND CODE
10-10.21B
Restaurants, delicatessens, coffee shops, taverns without drive-up window service.
Scientific research or experimental development of non-hazardous materials, methods
or products including engineering and laboratory research.
Warehouse and distribution or shipping center for prepared goods or packaged items.
Wholesale and retail storage facilities, including mini-warehouse operations.
Wholesale and retail laundry supply and cleaners.
Wholesale and retail sales of lumber, electrical, plumbing, mechanical, and other
construction materials.
Wholesale and retail sales of agricultural machinery, farm products, feed, seed, and
similar agricultural products.
Veterinary office or clinic conducted within an enclosed building.
Administrative offices, day care facility, training facilities and similar secondary
activities and facilities provided for the employees of a permitted or conditional use
on the site of such use.
25.
(3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use
Permit and the provisions of Sections 23 and 29.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Restaurant, delicatessen, and other food service uses with drive-up windows.
Storage or distribution center for heating oil, vehicle fuel oil, bottle gas, and similar
hazardous materials.
Commercial day nursery or day care facility that is not part of a service for employees
of a permitted or conditional use.
Multiple housing units as a secondary use to a permitted or conditional use, and
located above or behind such permitted or conditional use.
Automobile service station, also subject to Section 25, Provisions Applying to Special
Uses.
Used automobile, truck, recreation vehicle, and heavy equipment sales lots, including
outdoor storage of vehicles.
Preparation and distribution center for pumice, rock, concrete and similar construction
products.
Buildings exceeding 45 feet in height.
25.
(4) Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed a height of 45 feet, without a Conditional Use Permit approval.
(5) Lot Requirements. The following lot requirements shall be observed:
(a)
Lot Area: Each lot shall have a minimum area of 6,000 square feet.
10-10.21B
BEND CODE
10-10.21B
(b)
(c)
(d)
Front Yard: The front yard setback area shall be a minimum of 10 feet.
(e)
Side yard: None except a side yard setback area shall be a minimum of 15 feet when
abutting a lot in a residential zone.
(f)
Rear Yard: None except a rear yard setback area shall be a minimum of 15 feet when
abutting a lot in a residential zone.
(g)
Lot Coverage: The maximum lot coverage by buildings and structures shall be 50
(6) Off-Street Parking and Loading. Off-street parking and loading space shall be provided as
(7) Other Required Conditions.
(a)
Other yards and unused property on a developed site shall be landscaped and
maintained.
(b)
Any use, or portion thereof, causing noise shall be performed in such a manner as not
to create a nuisance or hazard on any adjacent property.
(c)
Any use or portion thereof causing vibration shall be performed in such a manner as
not to create a nuisance or hazard on any adjacent property.
(d)
Any operation producing intense heat or glare shall be performed in such a manner as
not to create a nuisance or hazard on adjacent property.
(e)
There shall be no emission of odorous, toxic, noxious matter, or dust in such quantities
as to be readily detectable at any point along or outside property lines so as to produce
a public nuisance or hazard.
(f)
Fences, walls or hedges may be required by the Site Plan Committee if, in the
opinion of the Committee, such screening is necessary to protect the residential
quality of adjacent property in any residential zone.
[Section 21B added by Ord. No. NS-1707, passed December 2, 1998.]
[Section 21B(2)(af) added by Ord. No. NS-1866 passed May 21, 2003]
[Section 21B(3)(j) added by Ord. No. NS-1866 passed May 21, 2003]
10-10.21C
Section 21C.
BEND CODE
10-10.21C
Public Facilities Zone or PF Zone
(1)
Purpose. The PF Zone is intended to provide area for buildings and facilities that are owned
and operated by federal, state, or local governments, public utilities, special districts, or nonprofit organizations, and which are occupied to provide governmental or public services.
This zone is also intended to provide for school sites, public park and recreational facilities,
natural areas, trails, wetlands, and similar types of open space owned and managed by a local
government or special district.
(2)
Permitted Uses. The following uses are permitted in a PF Public Facilities Zone, subject to
the provisions of Section 23, Site Plan review.
(3)
(a)
Public buildings such as city hall, county courthouse, administrative buildings,
library, museum, fire station, public safety training facilities, and similar structures,
but excluding correctional facilities.
(b)
Public parks, playgrounds, swimming pool, skateboard park, pedestrian/bicycle trails
and similar public recreation facilities.
(c)
Public play fields, sports complexes and similar recreational facilities without night
lighting for play fields, and without amplified sound systems.
(d)
Publicly owned and operated community meeting halls, lodges, and conference halls
open to and used by the general public.
(e)
Public reservoirs, well sites, pump stations, and similar utility buildings or structures.
(f)
Elementary schools operated by the Bend-La Pine School District.
(g)
Public college or university.
(h)
Trails, natural areas, open space, future park sites, and similar public or special
district owned lands with no or minimal improvements.
(i)
Accessory uses and buildings customarily used to support a permitted use or an
approved conditional use.
(j)
Minor repairs and maintenance to any permitted or conditional use.
(k)
Parking lots and parking areas to serve a permitted or conditional use.
Conditional Uses. The following conditional uses may be permitted subject to the provisions
of Section 29.
(a)
Public utility maintenance facilities and operation yards with outdoor storage of
materials and supplies.
10-10.21C
(4)
(5)
BEND CODE
10-10.21C
(b)
Middle and High schools operated by the Bend-La Pine School District.
(c)
Magnet schools or other special schools operated by the Bend-La Pine School
District.
(d)
Ball fields, sport complexes, and similar outdoor recreational areas that have night
lighting or amplified sound systems.
(e)
Public transmission tower sites.
(f)
County solid waste disposal sites or solid waste transfer sites.
(g)
Correctional facilities for adults and juveniles including work farms and training
centers.
(h)
Park sites with outdoor amphitheater or facilities for community events such as
music or theater performances, and similar events.
(i)
Buildings or structures that are more than 35 feet in height.
Lot Requirements.
(a)
Lot Area. No requirement.
(b)
Lot Width. No requirement.
(c)
Lot Depth. No requirement.
(d)
Front Yard Setback. None, except when abutting a lot in an residential zone, then
the front yard setback to a building or parking area shall be the required setback in
the abutting residential zone.
(e)
Side and Rear Yard Setback. None, except when abutting a lot in an residential
zone, then the structure setback shall be a minimum of 10 feet. The required side and
rear yard setback shall be increased by one-half foot for each foot by which the
structure exceeds 20 feet in height.
(f)
Lot Coverage. No maximum requirement.
Off-Street Parking Requirements.
(a) Parking and loading areas abutting or directly across the street from a residential zone
shall be setback from the right-of-way line at least the same distance as required in the
residential zone. The parking and loading setback area shall be appropriately landscaped
along the residential street frontage to protect the character of the adjoining residential
10-10.21C
BEND CODE
10-10.21C
property.
(b)
(6)
The number of off-street parking and loading spaces shall be provided as required in
Section 10.24.
(a)
All service, repair, processing, or storage on property abutting or across the street
from a lot in a residential zone shall be conducted wholly within an enclosed
building unless screened from the residential zone by a site-obscuring fence or wall.
[Section 21C added by Ord. No. NS-1707, passed December 2, 1998.]
10-10.21D
BEND CODE
10-10.21D
Section 21D Professional Office Zone, or PO Zone
(1)
Purpose. The Professional Office zone is intended to provide for professional offices in
locations near arterial or collector streets and to provide a transitional use area between
residential areas and other more intensive zones. Through design standards, the Professional
Office zone is intended to create mixed use and office developments that are pedestrian
oriented and provide a positive contribution to the streetscape.
(2)
Permitted Uses. The following uses are permitted subject to the Site Plan provisions of
Section 23 and the Design Review provisions of Section 23A.
(3)
(a)
Offices and studios of accountants, architects, artists, attorneys, authors, consultants,
counseling services, designers, dentists, engineers, insurance agents, physicians or
other practitioners of the healing arts, photographers, and surveyors.
(b)
Offices for organizations or companies providing educational, electronic commerce,
financial, governmental, publishing, real estate, religious, research, scientific, or
marketing services.
(c)
Medical and dental clinics. Laboratories and pharmacies located within clinics.
(d)
Nursery schools or day-care facilities serving the employees of a permitted or
conditional use and located on the site of the permitted or conditional use.
(e)
Residential use when located in the upper story or stories of a building housing a
permitted or conditional use.
(f)
25.
(a)
Business, technical or similar schools.
(b)
Dance or music school.
(c)
Nursery schools and day-care facilities not part of a permitted or conditional use, and
subject to Section 25(17).
(d)
Public or private park.
(e)
Recreation facility owned and operated by Bend Metro Park and Recreation District
or other public non-profit organization.
(f)
Library or museum.
10-10.21D
BEND CODE
10-10.21D
(g)
Existing hospitals.
(h)
Off-site parking when appurtenant to a permitted or conditional use.
(i)
Beauty or barber shop and related personal services.
(j)
25.
(4)
Hours of Operation. Business hours for use by the general public shall be between 6 a.m.
and 10 p.m., seven days a week, for all uses except hospitals. Nothing in this provision is
intended to limit access by business operators or owners.
(5)
Permit.
(6)
(7)
(a)
Lot Area: Every lot shall have a minimum area of 3000 square feet.
(b)
Lot Width: Every lot shall have a minimum width of 30 feet.
(c)
Front Yard Setback: Except where special yard setback requirements apply, the
front yard setback shall be a minimum of 15 feet along local streets and 20 feet along
arterial and collector streets. On corner lots the vision clearance requirements of
Section 27(5) shall apply.
(d)
Side Yard Setback: The side yard setback distance shall be a minimum of 5 feet.
Adjacent to a residential zone, the required side yard setback distance to a building
shall be increased by 1 foot for each 1 foot by which the building height exceeds 25
feet. The side yard setback distance for one or both sides may be waived for an
approved zero lot line subdivision or partition.
(e)
Rear Yard Setback: The rear yard setback distance shall be a minimum of 5 feet
when adjacent to an alley or non-residential zoning district. The rear year setback
distance shall be a minimum of 15 feet when adjacent to a residential zoning district,
and shall be increased by 1 foot for each 1 foot by which the building height exceeds
25 feet.
(f)
Distances Between Buildings. The distance between principal buildings on the same site
shall be at least 10 feet.
10-10.21D
BEND CODE
10-10.21D
(8)
(9)
Special Site Design Standards. In addition to the Design Review Standards of this code, the
following special building design and landscaping requirements shall apply:
(a)
Building Orientation – New buildings shall be sited at the front yard setback line for
lots with one frontage and at both front yard setback lines for corner lots. For lots
with more than two front yards the building(s) shall be oriented to the two busiest
streets.
(b)
Building Location – Buildings and structures shall be placed so they cover at least 50
percent of the lot width along a public street. Where a development has frontage on
two streets, this building location standard shall apply to at least one of the streets.
Where a development has frontages on three or more streets, this building location
standard shall apply to at least two of the streets.
(c)
Landscaping – in addition to the landscaping requirements in Section 23, Site Plan
Review, the required front yard setback area along all street frontages shall be
landscaped. Parking areas adjacent to alleys that are across from residential areas
shall have trees planted every 25 feet in the setback area to screen the parking area.
[Section 21D added by ORD NS-1754, passed September 6, 2000]
[Section 21D(2)(f) added by ORD NS-1866 passed May 21, 2003]
[Section 21D(3)(j) added by ORD NS-1866 passed May 21, 2003]
10-10.22A
BEND CODE
10-10.22A
Section 22A Waterway Overlay Zone
(1)
Purpose. The Deschutes River and Tumalo Creek stream corridors within the urban
growth boundary of the City of Bend are valuable economic, recreational, scenic and
natural resources for the community. The Waterway Overlay Zone (WOZ) is inclusive of
all special purpose provisions that pertain to these stream corridors. The WOZ is
intended to conserve and enhance the natural resource values of areas along the
Deschutes River and Tumalo Creek within the city by:
a) Recognizing and respecting the unusual natural beauty and character of the city’s
major waterways;
b) Protecting and enhancing water quality for human use and aquatic life;
c) Conserving and restoring habitat for wildlife, fish and other aquatic life;
d) Conserving wetlands;
e) Controlling erosion and reducing the effects of flooding;
f) Improving coordination between the city and agencies regarding development
activities near waterways;
g) Promoting development that is compatible with the purposes of the WOZ;
h) Promoting the preservation and restoration of native riparian vegetation;
i) Maintaining the scenic quality of the canyon and rimrock areas along these
waterways;
j) Conserving and protecting property values; and
k) Encouraging development, preservation and enhancement of reasonable public access
to major waterways for recreational use and visual enjoyment.
(2)
Applicability. Provisions of this section apply to all property within the boundaries of the
WOZ as shown on the Bend Urban Area Zoning Map and consistent with WOZ boundary
determination procedures of subsection 3. below. Many parcels within the WOZ are affected
by more than one sub-zone. Where this is the case, applicable development standards for
each sub-zone shall apply within that sub-zone’s boundaries. Standards of this section shall
apply in addition to applicable standards of the underlying zone. Where there are conflicts
between sub-zone standards, the more restrictive standards shall control. The WOZ includes
the following sub-zones:
•
•
•
•
(3)
Riparian Corridor
Deschutes River Corridor Design Review
River Corridor Areas of Special Interest
Flood Plain
WOZ Boundary Determination. The WOZ boundary is inclusive of all WOZ sub-zones,
as specified in this section. Except for the River Corridor Areas of Special Interest and the
Flood Plain Sub-Zone, the boundary of all sub-zones shall be determined by distance
measurement from the designated waterway. The boundary for the River Corridor Areas
of Special Interest Sub-Zone is designated on the Bend Urban Area General Plan Map, and
shall be considered to be the outer (upland) edge of the mapped boundary line. Unless
otherwise provided for specific WOZ sub-zones, boundary measurements shall be made
from the ordinary high water mark. Distance measurements shall be made horizontally
10-10.22A
BEND CODE
10-10.22A
and at right angles to the edge of the waterway.
(4)
Tree Removal. Consistent with the purposes of this section, and because trees contribute
to the overall health of the riparian corridor, removal of existing trees greater than 4 inches
in diameter within the WOZ is prohibited, except as follows:
a. Where necessary to accommodate an approved development activity; or
b. Where the tree is determined by a qualified professional to be diseased or hazardous;
or
c. Where necessary to mitigate potential fire hazard in accordance with the Fire
Protection Act of 1997.
Tree removal under this subsection may be authorized by the review authority, based on
findings demonstrating conformance with criteria a), b), or c). Where tree removal is
proposed apart from an approved development activity, the review authority may authorize
removal as a development action. If no hazard will be created, a tree or snag requested for
removal may be required to be left in place as wildlife habitat.
(5)
Review Process
a)
State Agency Coordination. Within the WOZ, the State of Oregon has jurisdiction
over certain development activities. In order to ensure coordination between the City of
Bend and affected state agencies, notice of proposed activities within the WOZ will be
provided to the Division of State Lands, the Oregon Department of Fish and Wildlife,
the Oregon Parks and Recreation Department, and the Department of Environmental
Quality, in accordance with provisions of Sec. 10-16.2(8) of the Bend Code.
b)
Application Information. In addition to application information required under
Sec. 10-16.2(2), an application for a development or land use action within the WOZ
shall include the following:
A. A detailed written explanation of the proposal, including the location, amount,
and type (species) of any vegetation to be removed or planted, and any material to
be graded, excavated, or filled.
B. An explanation of why any proposed grading, excavation, or fill of material
and/or vegetation is necessary.
C. A site plan drawn to scale, accompanied by such drawings, sketches, photos, and
descriptions as are necessary to describe and illustrate the proposed activity. The
site plan shall, at a minimum, include:
i. Any proposed structures or impervious surfaces on the site;
ii. Location of property lines, easements, existing and proposed structures;
iii. Identification of existing vegetation on the site, indicating areas of native
and non-native plant species;
iv. Any proposed modifications to existing vegetation;
10-10.22A
BEND CODE
10-10.22A
v. A grading and drainage plan, showing existing and proposed site contours
at two-foot intervals, or less;
vi. All applicable WOZ sub-zone boundaries;
vii. Location of the ordinary high water mark;
viii. Location of designated wetlands on or abutting the site; boundaries of
designated wetlands shall be delineated using methods accepted by the
Oregon Division of State Lands;
(6)
Enforcement and Penalties. In addition to the enforcement and penalty provisions of
Sec. 10-10.36, the Review Authority may require the replacement of vegetation removed
in violation of the Waterway Overlay Zone. The City may require greater than one-to-one
replacement. The amount of replacement trees, shrubs and ground cover shall be
determined by the area of removed vegetation. The property owner shall enter into a
mitigation agreement plan approved by the City. The mitigation plan shall include:
(a)
A mitigation plan providing for the planting and maintenance of the replacement
vegetation. The plan shall make provisions for the replacement of plants that die
within three years of planting.
(b)
Failure to enter into a mitigation agreement plan as required by this section or
failure to comply with any condition of that plan shall be a Class A civil infraction.
Such failure shall be a separate infraction each day the failure to comply continues.
In addition, the City may refuse to accept any development permit application for the
subject property or stop work on any development approved for the subject property
until an acceptable mitigation plan has been executed or complied with.
(c) In addition to monetary penalties, the City may seek injunctive relief to require the
property owner or other responsible party to restore the property to the conditions
prior to the violation. The injunctive relief may include imposition of a mitigation
plan.
(7)
Replacement of Existing Structures. Notwithstanding other provisions to the contrary in
the City of Bend Zoning Ordinance, in the event that an existing structure is partially or entirely
damaged or destroyed by fire, natural disaster or other casualty, the subject structure may be
repaired or replaced in the same location provided that additional riparian surface area is not
disturbed. A property owner who has been convicted of any degree of arson (including inchoate
offenses) in relation to a fire that damages or destroys the subject structure will not be permitted to
utilize this Section as a basis for rebuilding the damaged or destroyed structure.
[Section 22A added by ORD NS-1846, passed November 20, 2002]
[Section 22A (7) added by ORD NS-1931, passed July 21, 2004]
10-10.22A.1
BEND CODE
10-10.22A.1
Section 22A.1 Riparian Corridor Sub-Zone
(1)
Riparian Corridor Boundary. The width of the Riparian Corridor Sub-Zone adjacent to
various waterway segments is specified in Tables 1 and 2 below. Boundary distances
shall be measured from the ordinary high water mark, or from the upland edge of any
designated wetlands, whichever is more landward. For purposes of riparian corridor
boundary determination, steep slopes are considered to exist in an area having:
• 60 per cent or greater slope; and
• a vertical rise of 20 feet or more; and
• a continuous horizontal length of 50 ft. or more.
Table 1
West Side Riparian Corridor Boundary: Deschutes River
DESCHUTES RIVER – WEST SIDE
From the South UGB line to the COID intake
From the COID intake to the Southern River Crossing alignment
From the Southern River Crossing alignment to the north boundary of
McKay Park
From the north boundary of McKay Park to the Tumalo Irrigation District
intake (south boundary of Block 15, Awbrey Heights Subdivision)
From the Tumalo Irrigation intake (south boundary of Block 15, Awbrey
Heights Subdivision) to the Mt. Washington Drive bridge
From the Mt. Washington Drive bridge to the south boundary of Sawyer
Park
From the south boundary of Sawyer Park to the north UGB line
1
30/75 feet1
30/50 feet2
40 feet
30 feet
30/50 feet3
30 feet
30/50 feet4
Where steep slopes are present within 75 ft. horizontally of OHW, the Riparian Corridor Boundary is 30 ft. from
OHW. Where steep slopes are not present within 75 ft. horizontally of OHW, the Riparian Corridor Boundary is 75
ft. from OHW.
2
ft. from OHW.
3
Between the River’s Edge Golf Course and the Mt. Washington Dr. bridge, where steep slopes are present within
50 ft. horizontally of OHW, the Riparian Corridor Boundary is 30 ft. from OHW. Where steep slopes are not
present within 50 ft. horizontally of OHW, the Riparian Corridor Boundary is 50 ft. from OHW.
4
ft. from OHW.
Table 2
East Side Riparian Corridor Boundary: Deschutes River
DESCHUTES RIVER – EAST SIDE
10-10.22A.1
BEND CODE
From the South UGB line to the COID intake
From the COID intake to the Southern River Crossing alignment
From the Southern River Crossing alignment to the south boundary of the
Mill Addition subdivision
From the south boundary of the Mill Addition subdivision to the north
boundary of the Bend Riverside Motel Condominiums
From the north boundary of the Bend Riverside Motel Condominiums to
the Mt. Washington Drive Bridge
From the Mt. Washington Drive bridge to the south boundary of Sawyer
Park
From the south boundary of Sawyer Park to the north UGB line
1
10-10.22A.1
30/75 feet1
30/50 feet2
40 feet
30 feet
30/40 feet3
30 feet
30/50 feet4
ft. from OHW.
2
ft. from OHW.
3
Between the North Unit Dam and the Mt. Washington Dr. bridge, where steep slopes are present within 50 ft.
horizontally of OHW, the Riparian Corridor Boundary is 30 ft. from OHW. Where steep slopes are not present
within 50 ft. horizontally of OHW, the Riparian Corridor Boundary is 50 ft. from OHW.
4
ft. from OHW.
Table 3
Riparian Corridor Boundary: Tumalo Creek
TUMALO CREEK: BOTH SIDES
Entire segment inside city limits
(2)
(3)
50 feet
Activities Subject to Review and Approval. Within the Riparian Corridor sub-zone,
permanent alteration by grading, removal of native vegetation, excavation or fill of soils or
rocks, or by placement of structures or impervious surfaces is prohibited, except as provided
below in subsections (3), (5), (6) and (7).
Land Use Actions. The following may be approved within the Riparian Corridor by the
Review Authority as a land use action:
A.
B.
Streets, roads, bridges and driveways.
Hard surface pedestrian and bicycle paths, unpaved trails, and boardwalks.
10-10.22A.1
C.
D.
E.
F.
(4)
BEND CODE
10-10.22A.1
Public and private utility transmission and distribution lines, including irrigation
pumps and facilities, and drainage facilities.
Water-related and water-dependent uses, including parks, interpretive areas, and
viewpoints.
Maintenance or repair of existing streets, roads, paths, and lawfully existing
structures that involves grading, fill, or excavation of more than ten cubic yards of
material, including vegetation.
Restoration of the riparian corridor, including site grading and re-contouring, when
carried out in conformance with an approved restoration plan (see subsection (5),
below).
Approval Criteria for Land Use Actions. The Review Authority may approve a land use
permit for uses listed in subsection (3), above, based on findings that the following
criteria are satisfied:
A. All necessary state and federal permits have been obtained, or will be obtained by the
applicant, as a condition of approval.
B. The proposed development or activity is designed and constructed to minimize
intrusion into the riparian corridor. This criterion shall not preclude placement of
permitted uses in the riparian corridor at intervals and locations for purposes of
providing reasonable public access to, and views of, the waterway. The following
shall be specifically addressed in demonstrating conformance with this criterion:
i. Removal of riparian vegetation shall be limited to the minimum amount necessary
to accommodate the proposed use; any vegetation removed in excess of this
standard shall be non-native species. The proposal shall specify replacement of
that vegetation with riparian species that are native to the Bend area, and similar
to existing plant species in the vicinity (excluding noxious weeds as identified by
the Deschutes County Soil and Water Conservation District).
ii. Any proposed construction shall be designed in such a manner as to minimize
adverse impacts upon a designated wetland, native riparian vegetation, fish and
wildlife habitat and water quality within this sub-zone.
iii. Erosion within the riparian corridor shall be prevented during and after construction
by the use of mulch, erosion blankets, debris fencing, or similar preventative
practices.
iv. Demonstrate that surface runoff from impervious areas will not flow unfiltered or
untreated into the adjacent waterways
(5)
Restoration Plan. The review authority may require that a restoration plan be prepared by
a qualified professional and submitted with an application for a development or land use
action within the Riparian Corridor sub-zone. The review authority may require that the
applicant post a performance bond in an amount sufficient to ensure fulfillment of an
approved planting plan. A restoration plan shall demonstrate conformance with criteria of
10-10.22A.1
BEND CODE
10-10.22A.1
Section 10.10.22A.1(4), and subsections i – iii below; the plan shall include the following
elements, in addition to those items required under Section 10.10.22A(5)(b):
A. The location, type, and volume of material to be graded, dredged, filled, or removed.
B. Identification of existing walls, riprap, or previously filled steep slopes to be altered
or removed.
C. Location, species, and amounts of existing vegetation to be removed.
D. A detailed planting plan for any site area where vegetation is proposed to be removed
or replaced.
E. A plan to maintain new vegetation.
(6)
i.
The restoration plan shall indicate the minimum grading, dredging, or
excavation necessary for any proposed activity. Bio-engineered bank
stabilization measures may be required by the review authority.
ii.
Species of vegetation to be planted shall be well suited to soil types and slopes.
Limited use of non-native species may be approved on an interim basis where
necessary to retain soils, prevent noxious weeds, or otherwise facilitate the
establishment of native species. The plan shall indicate replacement of all nonnative vegetation with native species within a maximum period of five years
from the date of approval.
iii.
The plan shall indicate maintenance measures for new vegetation sufficient to
ensure successful establishment, including irrigation methods, surface water
containment, and measures to prevent overspray of herbicides and pesticides.
Exempt Activities. The following activities are exempt from review within the Riparian
Corridor sub-zone:
A. Normal maintenance of yards and landscaped areas with existing plantings of lawns,
ornamental plants, and other non-native vegetation.
B. Normal maintenance and repair of lawfully existing buildings, structures, streets,
roads, bridges, dams, paths, utilities, drainage facilities, and irrigation pumps and
facilities.
C. Alterations of lawfully existing buildings or accessory structures that do not increase
building coverage within the Riparian Corridor sub-zone.
D. Removal of non-native vegetation and noxious weeds, as identified by the Deschutes
County Soil and Water Conservation District, and replacement in equal or greater
volume with species that are native to the Bend area and similar to existing plant
species in the vicinity.
E. Tree removal in accordance with section 10.10.22A(4)
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10-10.22A.1
In all instances exempted above, related disturbance inherent to the exempted activity
and intrusion into the riparian area shall be kept at a minimum.
(7)
Exceptions.
A.
The following exceptions to applicable standards of the Riparian Corridor SubZone may be authorized by the Review Authority as a Land Use Action:
i.
A legally created lot or parcel which is located entirely within the Riparian
Corridor Sub-Zone may be developed with permitted uses, subject to the
applicable land use review, in a manner that will have the least impact to
inventoried resources of the riparian corridor.
ii.
Required yard setback distances may be reduced when such reduction is
necessary to enable a proposed structure to be placed outside the Riparian
Corridor Sub-Zone.
iii.
Structures and impervious surfaces may be placed within the Riparian
Corridor Sub-Zone when the Review Authority, in consultation with the
Oregon Department of Fish and Wildlife, determines that the proposal will
provide equal or better protection of riparian resources than would be
achieved by excluding the proposed improvements from the sub-zone. Equal
or better protection of riparian resources shall be ensured through restoration
of riparian areas, enhanced buffer treatment, or similar measures. In no case
shall such alterations occupy more than 50% of the width of the Riparian
Corridor Sub-Zone on properties upstream of the COID intake; alterations
shall not occupy more than 40% of the width of the Riparian Corridor SubZone downstream of the COID intake.
[Section 22A.1 added by ORD NS-1846, passed November 20, 2002]
10-10.22A.2
Section 22A.2
(1)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
10-10.22A.2
Deschutes River Corridor Design Review Combining Zone.
Purpose. It is the purpose of the Deschutes River Corridor Design Review Zone to ensure
compliance with the objectives of this Ordinance and the goals and policies relating to the
Deschutes River in the Bend Area General Plan. The purpose shall also be to:
(a)
(2)
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Recognize and respect the unusual natural beauty and character of the Deschutes
River.
Conserve and enhance the existing riparian zone along the Deschutes River.
Allow the community flexibility in reviewing development proposals within the
Areas of Special Interest that are designated on the Bend Area General Plan.
Maintain the scenic quality of the canyon and rimrock areas of the Deschutes River.
Conserve and enhance property values.
Preserve, protect and enhance water quality.
Encourage development, preservation and enhancement of reasonable public access
to the river for recreational use and visual enjoyment.
The following areas and uses are exempt from the Deschutes River Design Review process:
(a)
Public streets and utility facilities existing as of the date of adoption of this
ordinance. Notwithstanding anything to the contrary in this ordinance, a variance
may be granted to the mandatory 40 foot setback for future public streets and utility
facilities.
(b)
Irrigation facilities, canals and flumes existing as of the date of adoption of this
ordinance.
(c)
The existing Korpine Mill operation on the east side of the Deschutes River.
Design Review Procedure. All new development, structures, additions and exterior
alterations to structures, including outside storage and off-street parking lots within the
Deschutes River Corridor, are subject to a design review process.
(a)
Prior to filing a design review application, the applicant shall confer with the
Planning Department concerning the requirements of formal application.
(b)
The design review application shall be filed on a form provided by the City Planning
Department and shall be accompanied by drawings and information as specified by
the Planning Department. Copies of the plan shall be submitted and such additional
information as is deemed necessary for the Site Plan Committee or Bend Urban Area
Planning Commission to adequately review the applications.
(c)
The Bend Urban Area Planning Commission shall approve, approve with conditions,
or disapprove the design plan. The decision of the Bend Urban Area Planning
Commission shall be final unless appealed in accordance with the City of Bend's land
use procedures.
10-10.22A.2
(d)
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10-10.22A.2
To approve a design plan the Bend Urban Area Planning Commission must find
compliance with the provisions of this ordinance.
(4)
Site Plan Committee. The Site Plan Committee, as designated in Section 23(3), shall review
a site plan application subject to design review on its technical merits and submit
recommendations for approval, conditional approval, or rejection to the Bend Urban Area
Planning Commission. The Commission decision shall be based on the site plan criteria, City
policies, and standards.
(5)
Minimum Standards.
standards shall apply:
Within the Deschutes River Corridor the following minimum
(a) Building and Parking Setbacks.
(A)
100 foot setback area. For the areas described below, the setback for all
new buildings, parking lots and loading areas shall be a minimum of 100 feet
from the ordinary high water mark unless the Bend Urban Area Planning
Commission approves a lesser setback. In no case shall the setback be less
than 40 feet from the ordinary high water mark of the Deschutes River.
(i) The east and west bank from the Arizona/Commerce Street line to the
southern boundary of the Bend Area General Plan map;
(ii)
The east bank from the southern property line of Magill's Landing
Subdivision to the northern property line of the Bend Riverside Motel;
(iii) The east bank from the southern property line of Sawyer Park to the
southern boundary of the Rimrock West Subdivision;
(iv) The east and west banks from the northern boundary of the Rimrock
West subdivision to the northern boundary of the Bend Area General
Plan map and
(v)
The west bank north of the Park District property known as "Flume
Park" to the southern boundary of the Rimrock West Subdivision.
After the applicant has demonstrated through design review that the project
provides at least the following:
1.
Protection of water quality, and fish and wildlife habitat;
2.
The improvement or restoration of riverfront riparian areas by the
creation of new riparian vegetation areas or by improvements to
existing riverfront riparian areas through appropriate plantings, and;
3.
The provision of open space along the riverfront:
The Bend Urban Area Planning Commission may approve a lesser
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10-10.22A.2
setback.
(6)
(B)
Commercial Property. For all existing commercially zoned property within
the Deschutes River Corridor in existence upon the adoption of this
ordinance, the setback for all buildings, parking lots, and loading areas shall
be 30 feet from the ordinary high water mark of the Deschutes River.
(C)
Other Areas. For the areas not described in (a) (A) or (B) above, all
buildings, parking lots, and loading areas shall be 40 feet from the ordinary
high water mark of the Deschutes River. In no case shall the setback be less
than 40 feet from the ordinary high water mark of the Deschutes River.
(b)
Features in Building Setback Area. Within the 30, 40 and 100 foot building
setback area, required in (a) (A), (B) and (C) above, the Bend Urban Area Planning
Commission may approve features to enhance or support public use. Such features
may include sidewalks, trails, utility facilities, streets and bridges crossing the river,
boardwalks, decks, plazas, outdoor cafe seating areas, utilities, lights, bike racks,
trash and recycling receptacles, furniture, bank stabilization structures, fences, art
work, stairs, bike and pedestrian bridges, boat launch facilities, and vendor carts as
defined by Bend Code Section 7.516. The placement and uses shall be subject to the
criteria in Section 6.
(c)
Rebuilding of Existing Structures. This setback restriction shall not prohibit
rebuilding an existing structure provided that the rebuilt structure is comparable in
size, profile, use and location to the structure that previously existed. The term "new
development" shall not include rebuilding an existing structure provided that the
rebuilt structure is comparable in size, profile, use and location to the structure that
previously existed.
(d)
Building Heights. Maximum structure height shall be limited to 30 feet at the
minimum setback line. The Bend Urban Area Planning Commission may allow
increases in building heights up to the allowed height in the underlying zone the
farther the building sets back from the river. The Bend Urban Area Planning
Commission may limit building height the closer to the river a building is allowed.
The building height shall be measured from the lowest natural grade facing the river
to the highest measurable point on or projecting from the roof of the structure.
Site and Design Review Criteria. In addition to the minimum standards above, the Bend
Urban Area Planning Commission shall review the development using the following design
criteria:
(a)
Conservation of natural features. Major rock outcrops, stands of trees, riparian
areas, or other prominent natural features are an important part of the visual character
and quality of the community. The Bend Urban Area Planning Commission shall
review the applicant's proposal for impacts on these resources and may limit the
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10-10.22A.2
amount of removal, require additional screening, or moving or reducing in size the
development addition or structure in order to preserve to the greatest extent possible,
existing natural features.
(b)
Compatibility with existing area. The Bend Urban Area Planning Commission
shall consider the relationship of the proposed development with the existing
surroundings, in terms of building bulk, height, location, separation, shape, parking
areas, lighting, fences, landscaping, open space, visual and physical corridors to the
river and adjacent land use.
(c)
Colors and Materials. The Bend Urban Area Planning Commission shall consider
colors and materials. The Bend Urban Area Planning Commission may require new
structures and additions to existing structures to be finished in muted earth tones that
blend with and reduce contrast with the surrounding vegetation and landscape of the
building site or colors that are compatible with adjacent buildings.
(d)
No large areas, including roofs, shall be finished with bright or reflective materials.
Metal roofing material is permitted if it is non-reflective and of a color which blends
with the surrounding vegetation and landscape.
(e)
The Bend Urban Area Planning Commission may establish increased setbacks,
limitations of building heights, and limitations on the bulk and length of buildings,
limitations on lighting, landscaping, fences, size and shape of windows facing the
river, size and location of parking, and outdoor storage areas and any other
improvement or use listed in 5 (a) and (b) above in order to carry out the purpose of
this ordinance.
(f)
For projects proposing development within the setback area, the Bend Urban Area
Planning Commission may consider the degree to which the project provides public
access along the riverfront, and may require the dedication of public access on an
individualized determination that the required access is reasonably related to the
project, and that the required dedication is also roughly proportional to the impact of
the proposed project.
(g)
For projects incorporating a setback less than 100 feet the BUAPC may required
enhanced site landscaping, minimum corridors between buildings, variations in
building setbacks, size or bulk of facades and may impose any other conditions of
approval reasonably required to meet the purposes of this ordinance.
[Section 22A.2 added by Ordinance No. NS-1394, passed January 4, 1984, repealed February 1,
1986, or upon completion of the study provided for in Section 22A.2 of Ordinance No. NS-1178,
City of Bend Zoning Ordinance, as amended, and the adoption of a recommended comprehensive
plan and implementing ordinance amendments whichever occurs first.]
[Section 22A.2(5)(b) amended by Ordinance No. NS-1414, passed June 19, 1985.]
[Section 22A.2 added by Ordinance No. NS-1428, passed February 19, 1986, repealed April 30,
10-10.22A.2
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10-10.22A.2
1986, or upon completion of the study provided for in Section 22A of Ordinance No. NS-1178, City
of Bend Zoning Ordinance, as amended, and the adoption of a recommended comprehensive plan
and implementing ordinance amendments whichever occurs last.]
[Section 22A.2 repealed by Ordinance No. NS-1444, passed July 16, 1986.]
[Section 22A.2 added by Ordinance No. NS-1584, passed March 3, 1993.]
[Section 22A.2 amended by Ordinance No. NS-1593, passed June 2, 1993.]
[Section 22A.2 amended by Ordinance No. NS-1625, passed December 21, 1994.]
[Section 22A.2 renumbered and reordered by Ordinance No. NS-1846, passed November 20, 2002]
10-10.22A.3
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10-10.22A.3
Section 22A.3 River Corridor Areas of Special Interest Sub-Zone
1. Approval Criteria. Proposed development or land use actions on property subject to
the River Corridor Areas of Special Interest Review, shall be subject to the following
provisions :
A. The proposal shall be designed and constructed so as to maintain the integrity of
the existing natural features and biological systems by utilizing exterior building
materials that have earth tone colors. Removal of native vegetation shall be
limited to the minimum amount necessary to accommodate the proposed
development or land use action; any vegetation removed in excess of this standard
shall be non-native species.
B. Structures located along the canyon rim of the river shall be set back a minimum
of 30 feet from the River Corridor Area of Special Interest boundary for a
building 20 feet or less in height. For buildings over 20 feet in height, the
building shall set back one additional foot for every additional foot over 20 feet.
The maximum building height shall not exceed that of the underlying zone.
C. The permanent alteration of a River Corridor Area of Special Interest by grading,
excavation or fill, the placement of structures or impervious surfaces, or by the
removal of existing vegetation is only permitted as authorized within the Riparian
Corridor sub-zone, or as provided below:
i. Streets and Crossings. Public or private streets and river crossings may be placed
within a River Corridor Area of Special Interest to access development activities
if it is shown that no other practicable method of access exists. If allowed, the
applicant shall demonstrate that:
ii
(a)
No other practicable access to the buildable area exists, or access from an
off-site location through the use of easements is not possible;
(b)
Roads and driveways are designed to be the minimum width necessary
and the minimum intrusion into the River Corridor Area of Special
Interest while also allowing safe passage of vehicles and/or pedestrians;
Utilities, Irrigation Facilities, and Drainage Facilities. Public and private utilities,
irrigation facilities, or drainage facilities may be placed within a River Corridor
Area of Special Interest when it is shown that no other practicable alternative
location exists. If allowed, the applicant shall demonstrate that:
10-10.22A.3
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10-10.22A.3
a. No other practicable access exists or access from an off-site location
through the use of easements is not possible;
b. The corridor necessary to construct utilities shall be the minimum width
practicable;
c. Removal of existing trees and native vegetation shall be avoided unless
absolutely necessary.
d. Minimal visual impact to the river corridor will result from the
construction of the facility.
iii Removal of Vegetation. Removal of existing vegetation from a River Corridor
Area of Special Interest is prohibited, except as indicated below:
a. Existing trees may be removed as provided in Section 10.10.22A(4).
b. The removal of noxious weeds and non-native grasses (e.g. knap weed,
toad flax or cheat grass) is encouraged when practicable with minimal
disturbance to the ASI.
c. The removal of existing vegetation, other than trees, when the amount of
vegetation removed is the minimum necessary to reduce fire fuels as
determined by a qualified professional.
iv. Enhancement of a River Corridor Area of Special Interest. Planting of additional
vegetation within a River Corridor Area of Special Interest is permitted as
indicated below:
a. Plant materials that are or will be visible from the river shall be native to
Central Oregon and similar to the existing plant species in the vicinity of the
River Corridor Area of Special Interest.
(2)
Development Credit. When an applicant preserves a River Corridor Area of
Special Interest, the development potential for the preserved area may be
transferred to the balance of the parcel for development or applied to the subject
property as indicated below:
A.
For residential lands where the property owner preserves a River Corridor
Area of Special Interest, the property owner shall receive a density credit
equivalent to the area being preserved as determined through the land use
permit process.
B.
Where the applicant preserves a River Corridor Area of Special Interest,
the property owner may initiate one or more of the activities listed below
provided that the compensation does not exceed the benefit of the ASI
protection as determined through the land use permit process.
10-10.22A.3
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10-10.22A.3
i. Substitute the area of the preserved ASI as the equivalent required on-site
landscaping;
ii. Receive up to 10% reduction in the required on-site parking spaces;
iii. Reduce the front yard setback up to 50% of the standards required for the
applicable zone;
C. For subdivision development, where the applicant proposes to preserve a River
Corridor Area of Special Interest, the property owner may apply the P.U.D.
development standards to the subject property without the additional CUP
application.
3.
Exceptions. An exception to the provisions of the River Corridor Areas of Special
Interest sub-zone may be permitted as provided below:
A.
For existing legal lots where the location of a River Corridor Area of Special
Interest results in a lot depth for a single family dwelling of 50 feet or less or a
building envelope of 800 square feet or less, the front and side yard setbacks may
be reduced up to 50% of the standard required for the applicable zone.
B. For existing residential lots where the entire lot is located within an ASI, the
property may be developed with permitted uses, subject to the applicable land
use review, in a manner that will have the least impact to the ASI.
C. For the construction of public trails or paths that provide public access into the
preserved River Corridor Areas of Special Interest.
D. For lots or parcels existing prior to the adoption of this ordinance, where there
are buildings on both of the abutting lots with canyon rim setbacks less than
the required depth, the setback need not exceed the average setback on the
abutting buildings. If there is a building on only one abutting lot or parcel
with a setback less than the required setback depth, the setback need not
exceed the average of the setback of the abutting building and the required
setback.
4.
River Corridor Areas of Special Interest Mitigation Requirements.
A.
Proposed development or land use actions in the River Corridor Areas of Special
Interest sub-zone may trigger a requirement for mitigation. The purpose of
mitigation is to restore the value of the visual resource lost due to development
activity. It is the burden of the applicant to demonstrate how mitigation restores
visual significance. When a proposal impacts a River Corridor Area of Special
Interest by grading, excavation, or fill, the placement of structures or impervious
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10-10.22A.3
surfaces, or by the removal of vegetation, a mitigation plan prepared by a qualified
professional shall be submitted to the review authority. The mitigation plan shall
include the following:
i
The location of the impact;
ii Existing conditions and size of the resource area prior to impact;
iii Location and size of the proposed mitigation area.
B. The mitigation plan shall be approved by the review authority upon finding
conformance with the following criteria:
i. Proposed vegetation to be removed shall be replaced on the site at a ratio of at
least 1:1;
ii All proposed vegetation planted within the mitigation area shall be native to
the region and similar to the vegetation to be removed;
iii Additional mitigation measures may be required, based on the nature of the
impact, such as:
•
•
•
Site reclamation
Screening of structures, cuts or fills
Increased vegetative quantities and/or sizes
5. Standards for Designating Additional River Corridor Areas of Special Interest: Any
individual or organization may apply for designating new River Corridor Areas of
Special Interest. Designation of new areas shall be coordinated with the affected
property owners. A “River Corridor Area of Special Interest” designation may be
applied or modified pursuant to Section 10.10.26C(G) of the Zoning Ordinance. A new
designation shall be processed as a map amendment to both the General Plan and Zoning
maps pursuant to the City of Bend Procedures Ordinance and this Section.
[Section 22A.3 added by ORD NS-1846, passed November 20, 2002]
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10-10.22A.4
Section 22A.4 Flood Plain Combining Zone, or FP Zone.
(1)
(2)
Purpose. It is the purpose of this zone to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas
by provisions designed:
(a)
To protect human life and health;
(b)
To minimize expenditure of public money and costly flood control projects;
(c)
To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(d)
To minimize prolonged business interruptions;
(e)
To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special
flood hazard;
(f)
To help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazards so as to minimize future flood blight areas;
(g)
To ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(h)
To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Application of FP Zone.
(a)
The FP Combining Zone shall apply to the areas identified on the Flood Insurance
Rate Map (FIRM), as special flood hazard areas inundated by 100-year flood and
floodway areas. The FIA Flood Insurance Study for Bend and the FIRM map are
hereby adopted and by this reference included herein. The A and AE zones shown
on the FIRM map are hereby zoned FP.
(b)
When base flood elevation data has not been provided on the FIRM, the Planning
Director 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.
(c)
Information to be Obtained and Maintained.
1.
Where base flood elevation data is provided through the Flood Insurance
Study or required as in Subsection (2)(b), record the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new
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10-10.22A.4
or substantially improved structures, and whether or not the structure
contains a basement.
2.
For all new or substantially improved floodproofed structures, record the
actual elevation (in relation to mean sea level) of the structure's lowest floor.
Obtain and maintain the floodproofing certifications required in Section
22A(7)(b).
(3)
Warning and Disclaimer of Liability. The degree of flood protection required by this Section
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 man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of the City of
Bend, any officer or employee thereof, or the Federal Insurance Administration, for any
flood damages that result from reliance on this ordinance or any administrative decision
made hereunder.
(4)
Alteration of Watercourses.
(a)
Prior to any alteration or relocation of a watercourse, notice of the proposed
alteration shall be given to affected, adjacent communities and the State Department
of Water Resources, and submit evidence of such notification to the Federal
Insurance Administration.
(b) The applicant shall maintain the altered or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
(5)
Permit for Use or Development in an FP Zone. No development shall occur in an FP zone
unless a permit has been received for the work. Except for improvement of an existing
structure which is less than substantial, as determined by the City, no permit shall be issued
unless the work will be reasonably safe from flooding, otherwise complies with this
ordinance, and all necessary state, federal, and local permits will be obtained as a condition
of approval on any permit in an FP zone. The following information shall be submitted with
the permit application:
(a)
The location of the property with reference to channel stations and flood profile
elevations.
(b)
The existing topography and proposed grading plan for the property. Contour
intervals shall not be more than one-foot for ground slopes up to five percent and, for
areas immediately adjacent to a stream, two-foot for ground slopes between five and
ten percent, and five-foot for greater slopes.
(c)
The location of existing and proposed diking or revetments, if any.
10-10.22A.4
(d)
(6)
10-10.22A.4
Review of Building Permits. Where elevation data is not available either through the
Flood Insurance Study or from another authoritative source, applications for building
permits shall be reviewed to assure that proposed construction will be reasonably
safe from flooding.
Structural Elevation Data Required.
(a)
(7)
BEND CODE
A building permit application for substantial improvement to an existing structure or
for a new structure within an FP zone shall contain the following data referenced to
mean sea level:
1.
The level of the lowest habitable floor and of any basement floor whether or
not intended to be habitable.
2.
The level to which the structure is to be floodproofed, if applicable.
(b)
A statement which notes whether the structure contains a basement.
(c)
The information required by this subsection shall be maintained in the files of the
Building Department with the subject building permit.
Regulation of Structures in an FP Zone.
(a)
Residential Construction.
1.
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated 1 foot above base
flood elevation.
2.
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 floodwaters.
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:
(i)
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.
(ii)
Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters.
(iii)
The bottom of all openings shall be no higher than one foot above
grade.
10-10.22A.4
(b)
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Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial, or other nonresidential structure shall either have the lowest
floor, including basement, elevated to the level of the base flood elevation; or,
together with attendant utility and sanitary facilities, shall:
1.
Be floodproofed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water;
2.
Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3.
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. Such
certifications shall be provided to the City's Building Official.
Nonresidential structures that are elevated, not floodproofed, must meet the
same standards for space below the lowest floor as described in Section
22A(7)(a)2.
4.
5.
(c)
(8)
10-10.22A.4
Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g. a building constructed to the base flood level will be
rated as one foot below that level).
Manufactured Homes. All manufactured homes to be placed or substantially
improved within Zones A1-30, AH or AE shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above the
base flood elevation and be securely anchored to an adequately anchored foundation
system in accordance with the provisions of Section 22A(8A)(b).
Construction Materials and Methods.
(a)
All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(b)
All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(c)
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.
10-10.22A.4
(8A)
(9)
(10)
(11)
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10-10.22A.4
Anchoring.
(a)
All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
(b)
All manufactured homes must likewise be anchored to prevent flotation, collapse or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of overthe-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home
Installation in Flood Hazard Areas" guidebook for additional techniques).
Land Development Standards in a Flood Hazard Area
(a)
In addition to the terms of Subsections 9 and 10 of this section, a subdivision or other
land development, including all utility facilities, within an FP zone shall be designed
and constructed to minimize flood damage, including special provisions for adequate
drainage to reduce exposure to flood hazards.
(b)
A land development which will alter or relocate a watercourse shall be designed,
constructed and maintained to retain the flood-carrying capacity of the watercourse.
(c)
A proposed land development of greater than either 50 lots or 5 acres shall include
data showing the base flood elevation.
Manufactured Home Development Standards
(a)
All manufactured homes 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 home is at or one foot above the base flood elevation and be
securely anchored to an adequately anchored foundation system in accordance with
the provisions of Section 22A(8A)(b).
(b)
The placement of a manufactured home in the floodway is prohibited.
Utilities Standards in a Flood Hazard Area.
(a)
A public utility or facility associated with a land development within a FP zone shall
be designed, located and constructed to minimize or eliminate flood damage and to
avoid raising the water elevation in a regulatory floodway.
(b)
Any new or replacement water supply system shall be designed, located and
constructed to minimize or eliminate infiltration of floodwaters into the system.
(c)
Any new or replacement sewerage system shall be designed, located and constructed
to minimize or eliminate infiltration of floodwaters into the system and discharge
from the system into the flood waters.
10-10.22A.4
(12)
BEND CODE
10-10.22A.4
Floodways. Located within areas of special flood hazard established in Section 22A((2)(a)
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.
(b)
If Subsection (a) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Section 22A(7), Provision for Flood Hazard Reduction.
(13)
Technical Variances. A technical variance from the requirements of Section 22A.4 may be
granted by the Hearings Body for new construction and for improvements to existing
structures which could not otherwise be authorized, provided the construction or
improvements are to be erected or installed on a parcel of land one-half acre or less in size,
contiguous to or more or less surrounded by lots with existing structures constructed below
the minimum floor elevation established for flood protection purposes. A parcel of land in
excess of the one-half acre in single ownership on the effective date of this ordinance is not
excluded from the granting of a technical variance, but the burden of proof required for
issuing the variance increases as the size of the property under single ownership increases,
and the variance shall be granted only if required to equalize circumstances, considering
previously developed land adjacent to the parcel for which a variance is sought.
(14)
Historic Variance. A variance for historic preservation may be granted for the
reconstruction, rehabilitation or restoration of a structure listed on the National Register of
Historic Places or the State Inventory of Historic Places.
(15)
Other Variances. All other variance applications shall be considered according to the terms
of Section 31 of this ordinance and the following criteria:
(a)
The danger that materials may be swept onto others property.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed facility to the flood damage and the effect of such
damage on the individual owner.
(d)
The importance of the services provided to the community by the proposed facility.
(e)
The necessity to the use of a waterfront location, where applicable.
(f)
The availability of alternative locations not subject to flooding or erosion damage.
10-10.22A.4
(16)
(17)
BEND CODE
10-10.22A.4
(g)
The relationship of the use to the area floodplain management program.
(h)
The safety of access to the property in times of flood for ordinary and emergency
vehicles.
(i)
The expected height, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effect of wave action, if applicable, expected at the site.
(j)
The cost of providing governmental and utility services during and after flood
conditions including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical and water system, streets and bridges.
Applicants for a variance shall include with their application the following information:
(a)
The location of the property with reference to channel station and flood profile
elevation.
(b)
The existing topography and proposed grading plan for the property. Contour
intervals shall not be more than one foot for ground slopes up to five percent and for
areas immediately adjacent to a stream, two feet for ground slopes between five and
ten percent, and five feet for greater slopes.
(c)
The location of existing and proposed diking or revetments if any.
Granting of Variances.
If the findings warrant, the Hearings Body may grant a variance if it finds the variance will
not result in increased flood heights, additional threats to public safety or extraordinary
public expense.
[Section 22A amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 22A repealed by ORD. No. NS-l462, passed September 2, 1987]
[Section 22A added by ORD. No. NS-1462, passed September 2, 1987]
[Section 22A(7)(a)2(iii) added by ORD. No. NS-1475 passed July 20, 1988]
[Section 22A(7)(a)1 amended by ORD. No. NS-1617 passed June 15, 1994]
[Section 22A(8A)(a) and (b) added by ORD. No. NS-1631 passed March 1, 1995]
[Section 22A renumbered and reordered by ORD NS-1846, passed November 20, 2002]
10-10.22B
BEND CODE
10-10.22B
Section 22B. Refinement Plan (RP) Overlay Zone.
(1)
Purpose. The purpose of the RP overlay zone is to allow development of land consistent
with the standards in an adopted refinement plan.
(2)
Definition. As used in this code a refinement plan does not meet the statutory definition
and requirements of ORS 197.200.
(3)
Map Identification. The RP overlay zone is identified on the Zoning Map with the suffix
"RP" added to the symbol of the base zone. A report that includes the refinement plan and
relevant development standards shall be adopted as an exhibit to the ordinance approving the
overlay zone district. A refinement plan is similar to a master plan and therefore does not
require a comprehensive plan amendment.
(4)
Compliance with Refinement Plan Standards and Procedures. New construction and land
divisions shall meet any development, land division and design standards of the appropriate
refinement plan. Base zone and land division standards shall apply where no different
standard is referenced for the refinement plan area.
(5)
Refinement Plan Standards. Specific standards for each of the refinement plan areas are
defined below.
[Section 22B added by ORD 1754, passed September 6, 2000]
10-10.22C
BEND CODE
10-10.22C
Section 22C. Lava Ridge Refinement Plan Development Standards
(1)
Residential Density, development provisions and limitations on allowed uses. The permitted
residential densities and allowed uses shall be the same as in the underlying zones except as
specified below:
(a)
RL – In the RL zone, a parcel existing on the date of adoption of the plan may be
partitioned into no more than two lots. This standard shall apply even if sewer
service is provided to the RL zone.
(b)
RS – In the area north of Morningstar Drive in sections 15CB and 15CC, all new
lots next to the Morningstar subdivision lots shall have a minimum width of 100
feet along any rear or side property line that abuts the existing Morningstar
subdivision lots.
(c)
RH – In the area north of Empire Avenue, west of Boyd Acres
Road and south of Sierra Drive in section 21B0, the following uses shall be
prohibited:
Accountant; attorney; dentist; insurance agent or adjustor; wholesale lumber broker
and real estate broker; physician or other practitioner of the healing arts (over 5 pmp
trips); medical and dental clinics and laboratories and pharmacy located within a
clinic; nursing and convalescent homes; mobile home park; photographic studios;
dancing or music schools; hospital, laboratory, orthopedic supply house, or
sanitarium; motel, apartment hotel; and, mortuaries.
(d)
CC – In the area north of Empire Avenue, west of Boyd Acres
Road and south of Sierra Drive in section 21B0, the following uses shall be
prohibited:
auto parts sales; bank or other financial institution; dairy products sales; hardware
store; medical and dental clinic and office (over 5 pmp trips); radio and television
sales and service; dancing or music schools; automobile service station and minor
auto repair; and mortuary.
(2)
Neighborhood Public Parks. Public parks shall be provided at the locations depicted on the
land use diagram of the refinement plan. The developer shall work with the Bend Metro
Park and Recreation District on park design to comply with District standards. The
developer may be reimbursed by the Park District for parkland and/or construction costs up
to the amount of park system development charges for the development. Procedures for
developing such proposals are outlined in the Bend Metro Park and Recreation District SDC
Ordinance Number 1, Section 7. The proposal to develop a park and receive park SDC
credits must first be approved by the Bend Metro Park and Recreation District Board of
Directors. Upon construction of the park to District standards and reimbursement to the
developer, the designated parkland shall be transferred to Park District ownership. The Park
District shall be responsible for park maintenance.
10-10.22C
(3)
BEND CODE
10-10.22C
Street and Pedestrian Standards. Street and pedestrian standards shall be consistent with the
requirements of the Bend General Plan and the Zoning Ordinance, except as set forth below:
(a)
Boyd Acres Road.
(b)
Empire Boulevard.
(c)
Local Street.
10-10.22C
BEND CODE
10-10.22C
(d)
Local street with median.
(e)
Alley. Alleys shall include a minimum of 20 feet of right-of-way and 16 feet of
paved travel surface.
(f)
Pedestrian access way. Pedestrian access ways shall be located within a right-ofway no less than 14 feet wide. The trail or path shall be a minimum of 10 feet wide
10-10.22C
BEND CODE
10-10.22C
and paved with asphalt or concrete.
(g)
Hammerhead streets. Hammerhead streets meeting the following design standards
may be permitted in the Lava Ridge Refinement Plan RM and RS zones.
(A)
Hammerhead streets shall be private streets.
(B)
The hammerhead street length shall be no more than150 feet.
(C)
The minimum right of way width shall be 40 feet plus a 5-foot utility
easement on each side.
(D)
Utility easements shall be required for public and/or private development.
(E)
The minimum street pavement width shall be 20 feet.
(F)
The maximum public street block length shall be 600 feet.
(G)
The maximum width of a housing cluster on a hammerhead street shall be
300 feet.
(H)
Sidewalks are not required within the cluster.
(I)
Sidewalks shall be required on the external public streets.
(J)
Parking is not permitted on the hammerhead street.
(K)
Off street parking requirements shall be met for underlying zone.
(L)
Landscaping on interior of hammerhead cluster shall be required in area from
house to edge of pavement.
(M) Street frontage - houses on lots fronting a public street, except an arterial,
shall face the public street.
(N)
Building setback shall be the same as the underlying zone unless modified in
the plat.
(O)
Fences or walls adjacent to an arterial shall be approved at the time of plat.
Walls shall be built with varied texture and materials and shall comply with
any adopted design standards. The maximum height shall be 6 feet except
where the elevation between the arterial street and the lot line exceeds 8 feet
in which case, reductions to the wall or fence height may be required. The
area between the fence or wall and the arterial curb shall be landscaped and
maintained by abutting property owner(s) or homeowners association.
(P)
Fencing: On hammerhead and public streets, except arterials, fences within
10-10.22C
BEND CODE
10-10.22C
the yard setback area may not exceed three and a half feet in height. A fence
up to six foot in height may be constructed outside of the setback area
provided that it is no closer to the street than the building face. A fence up to
six feet in height may be constructed on rear lot line.
(4)
Street Trees. Street trees shall be provided along all arterial streets and streets designated as
connector streets on the Lava Ridge Plan transportation/ circulation diagram. Only street
trees from a list maintained by the City Planning Department shall be planted. Street trees
shall be planted 25 to 30 feet on center. Trees shall be a minimum of 2-inch caliper
measured 4 feet from ground level.
(5)
Block Perimeter. In addition to block length standards of the Subdivision Ordinance, the
perimeter of blocks shall not exceed 1,600 feet.
(6)
Design Review and Building Orientation.
(a)
Design review standards shall apply to development in the Commercial and
Professional Office zones and any other Design Review Overlay District specified in
Section 23A of this code.
(b)
•
•
•
•
Residential development shall be oriented to a street, with a primary entrance that
fronts on the street. Garages shall be no more than five feet in front of the front of
the house. Front sides of garages shall represent no more than 50% of the building
frontage of any residential structure. The planning director or designee may waive
the standards if they are impractical due to factors including, but not limited to the
following:
When the slope at the front of the lot exceeds 12%.
Preservation of natural features, such as rock outcrops
Preservation of trees or other vegetation
Lot width at the front property line of lots existing prior to the date of this revision is
less than 50 feet
(7)
Area of Special Interest. Areas of Special Interest shown on the Bend Area General Plan
Map shall be subject to policies of the Bend Area General Plan.
(8)
Fences. Walls and fences in the setback area between the front of the house and the adjacent
local or collector street shall not exceed three and a half feet in height. Six-foot high fences
are permitted outside the front yard setback area between the property line and the building
and on side lot lines. Fences up to 6 feet may be provided along alleys.
10-10.22C
BEND CODE
[Section 22C added by ORD 1754, passed September 6, 2000]
[Section 22C(1) amended by ORD NS-1925, passed June 16, 2004]
[Section 22C(6)(b) amended by ORD NS-1944, passed November 3, 2004]
10-10.22C
10-10.22D
BEND CODE
10-10.22D
Section 22D. NorthWest Crossing Overlay Zone
1. Purpose. The purpose of the NorthWest Crossing Overlay Zone is to implement NorthWest
Crossing Master Development Plan and the Bend Urban Area General Plan policies
regarding the NorthWest Crossing property, and to create overlay zoning standards for the
residential, commercial and industrial districts within the NorthWest Crossing Master
Development Plan boundaries. The overlay zone standards will:
(a)
Provide a variety of employment opportunities and housing types.
(b)
Locate higher density housing adjacent to collector and arterial streets or
public parks.
(c)
Create opportunities for community commercial and small scale businesses in
selected locations to foster a mixed-use residential neighborhood.
(d)
Promote pedestrian and other multi-modal transportation options.
(e)
Ensure compatiblity of uses within the development and with the surrounding
area.
(f)
Create an interconnected system of streets with standards appropriate to the
intensity and type of adjacent use.
(g)
Create safe and attractive street scapes that will meet emergency access
requirements and enhance pedestrian and bicycle access.
Figure 1. NorthWest Crossing Overlay Zone
10-10.22D
BEND CODE
10-10.22D
2. Definitions. The following definitions apply to uses, building types and standards that are
specific to the NorthWest Crossing Overlay Zone.
(a)
Accessory Dwelling. A separate, complete dwelling unit, either attached to or
separate from the primary dwelling unit. An accessory dwelling may be no
larger than 33% of the living area, excluding the garage, of the primary
dwelling, or 800 square feet, whichever is less. Maximum height for a
detached accessory dwelling is 24 feet. Accessory dwelling units must meet
the setbacks for the City of Bend Urban Standard Residential Zone (RS).
Accessory dwellings may be permitted on any RS lot in accordance the
provisions of the RS Zone.
(b)
Community Commercial. A building not exceeding a total of 2,000 square
feet of gross floor area containing a retail, service, office, or food service
establishment, excluding drive-through. A community commercial building is
a stand-alone commercial use to serve neighborhood needs. It is not intended
to draw large numbers of patrons from outside of the neighborhood. The
design of the building shall be residential in scale and character. Off-street
parking is limited to a maximum of one space per 500 square feet of building.
Off-street parking must be located at the side or rear of the building. The
public entrance to the building shall be on the primary street frontage.
(c)
Live/work Dwelling. A dwelling in which a business may be operated on the
ground floor. The ground floor commercial or office space has visibility,
signage and access from the primary street. To preserve the pedestrian
orientation of the commercial or office space, alley access is required to
provide trash service and residential parking. A live/work dwelling is allowed
instead of, or in addition to, home occupation as defined by this Code. The
location of lots where live/work dwellings may be sited shall be specified on
the subdivision plat. The permitted live/work housing types are defined
below:
i.
Live/work House: A single-family detached house with no more than 50
percent of the first story of the building available as commercial or office
space.
ii. Live/work Townhome: A residential, fee simple townhome unit in which a
business may be operated. The commercial or office portion of the
building shall be limited to the ground floor and may not exceed 50
percent of the square footage of the entire building, excluding the garage.
iii. Live/work Apartment: A primarily residential multi-story, multi-unit
building with a maximum of 50 percent of the building ground floor
square footage used as commercial or office space. Residential units may
be for rent or for sale in condominium or cooperative ownership.
(d)
Parking District. The area designated for common parking lots or facilities in
the two NorthWest Crossing Commercial/Mixed Employment Districts. Each
10-10.22D
BEND CODE
10-10.22D
Commercial/Mixed Employment District has areas designated for common
off-street parking lots or facilities designed to serve the minimum parking
needs for permitted uses in the Commercial Limited and Mixed Employment
zoned Districts. The designated parking areas will be located behind or at the
side of buildings permitted in the District, or on private streets within the
District. The designated common parking areas will allow all buildings to be
close to the street to create a lively pedestrian oriented commercial
streetscape. A public entrance to all buildings shall be on the primary street
frontage
(e)
Primary Street Frontage. The location along a street in the Residential Mixeduse District where live/work housing or community commercial uses may be
located. Table “A” in Section 3(c) (G) of this code identifies areas and limits
the maximum lot frontage along the Primary Street Frontage that may be used
for live/work housing or community commercial uses in each area. The
primary entrance to the office or commercial portion of live/work housing or a
community commercial building must be located on the Primary Street
Frontage.
(f)
Townhome. A single-family dwelling type with common walls on one or both
side lot lines and continuous front facades. Townhomes are the highest
density housing type in NorthWest Crossing that provides yards and fee
simple ownership. Townhomes may be located on lots with detached garages
and accessory dwellings. Alleys, to the rear of the building, provide parking
and service access.
(g)
Cottage. A cottage is a small, detached dwelling unit, not greater than 1,200
square feet in total floor area defined in section 3(h)(D)(ii)(b) of this chapter
that is developed at a density greater than the underlying zone.
(h)
Cluster Housing Development. A cluster housing development is detached
single family cottages in a cluster around a central shared open space and has the
following characteristics:
i. Each cottage is of a size and function suitable for a single person or very
small family;
ii. Each cottage has the construction characteristics of a single-family house;
iii. Cottages may be located on platted lots or as units in a condominium
development and may share use of common facilities such as a party room,
tool shed, garden, workshop and parking area.
iv. The site is designed with a coherent concept in mind, including: shared
functional open space, off-street parking areas, access within the site and
10-10.22D
BEND CODE
10-10.22D
from the site, and consistent landscaping.
v. Each tentative plat or condominium plat for a cluster housing development
within the Northwest Crossing Cluster Housing Overlay District shall be
reviewed against the regulations of this zoning district.
vi. A cluster housing development shall have a homeowner’s association for the
ownership and management of shared open space, common parking areas.
3.
Districts.
(a)
Applicability. The special standards of the NorthWest Crossing overlay districts shall
supercede the standards of the underlying zone. Where no special standards are
provided, the applicable standards of the underlying zone shall apply.
(b)
Urban Standard Residential District
10-10.22D
BEND CODE
10-10.22D
A.
Purpose. The purpose of
the Urban Standard
Residential District is to
implement the Urban
Standard Residential Zone
with flexibility to allow
greater lot coverage to
accommodate single-family
houses on small lots. The
Urban Standard Residential
District in Northwest
Crossing also is the base
zone for the Residential Overlay Districts described in Sections b, c and
d.
Figure 2. Urban Standard
Residential District
B.
Application of Residential Overlay Districts. The standards of the
Urban Standard Residential Zone, as provided for in this section, shall
apply to the land zoned as Urban Standard Residential. Where a
Residential Overlay District is shown, the special standards of the
Overlay District shall apply to uses permitted by the Overlay District.
C.
Uses Permitted.
i. All uses permitted in the Urban Standard Residential Zone.
ii. Duplex on a lot identified as a duplex lot on an approved subdivision
plat, subject to RS minimum lot size for a duplex.
D.
Conditional Uses.
i. Except for duplexes, which are allowed only on identified duplex lots
on approved subdivision plats, conditional uses permitted in the
underlying Urban Standard Residential Zone are subject to a
Conditional Use Permit and the provisions of Section 29.
E.
Height Standards
i. No building shall be erected, enlarged or structurally altered to
exceed 30 feet in height without a Conditional Use Permit.
F.
Lot Requirements.
i. The lot requirements of the RS Zone shall apply to all permitted and
conditional uses.
ii. Setbacks. The setback requirements of the RS Zone shall apply to
10-10.22D
BEND CODE
10-10.22D
all permitted and conditional uses.
iii. Lot Coverage. On lots 6,000 square feet or greater the maximum lot
coverage shall be 35 percent.
iv. On lots that are less than 6,000 square feet, the maximum lot
coverage by buildings shall be 50 percent.
G. Site Plan Review. A duplex located on a lot approved as a duplex lot on
an approved subdivision plat is not subject to site plan review under
Section 23 of this code.
(c) Residential Townhome Overlay District.
A.
Purpose. The purpose of the
Townhome Overlay District is
to permit townhomes along
collector streets, adjacent to
public parks or a MultipleFamily District. The
Townhome District will allow
a diversity of housing types
and a mix of residential
density within NorthWest Crossing.
Residential
Figure 3.
Townhome
Overlay District
B.
Uses Permitted.
i. All uses permitted in the Urban Standard Residential Zone.
ii. Townhomes.
iii. Duplex on a lot identified as a duplex lot on an approved
subdivision plat, subject to RS minimum lot size for a duplex.
C.
Conditional Uses.
i.
Except for duplexes, which are allowed only on identified duplex
lots on approved subdivision plats, all conditional uses permitted
in the underlying Urban Standard Residential Zone, subject to a
Conditional Use Permit and provisions of Section 29.
D.
Height Standards
i.
No building shall be erected, enlarged or structurally altered to
exceed 35 feet in height without a Conditional Use Permit.
E.
Lot Requirements.
i.
The lot requirements of the RS Zone shall apply to all permitted
and conditional uses except townhomes.
ii.
Except as specified in this section, the lot requirements of the RM
Zone shall apply to townhomes.
10-10.22D
BEND CODE
iii.
iv.
10-10.22D
Setbacks. For townhomes the front yard setback is a minimum of
5 feet and the side yard setback may be 0 feet.
Lot Coverage. There is no maximum lot coverage standard for
townhomes and accessory structures on a townhome lot.
F.
Maximum Density. The maximum density in the Townhome District is
12 units per net acre.
G.
Site Plan Review. Townhomes, and duplexes on a lot approved as a
duplex lots on a subdivision plat are not subject to site plan review under
Section 23 of this code.
(d) Residential Multiple-family Overlay District
A.
Purpose. The Residential Multiple-family Overlay District is applied in
specific locations adjacent
to arterial or collector
streets, public parks or
commercial areas. The
purpose is to provide a
diversity of housing types
in the Urban Standard
Residential Zone at the
edges of single-family
neighborhoods and to
locate higher density
housing adjacent to
commercial services and
open space.
Figure 4.
Residential MultipleFamily District
B.
Uses Permitted.
i.
All uses permitted in the Urban Standard Residential Zone.
ii.
Multiple-family housing.
C.
Conditional Uses.
i.
Conditional uses permitted in the underlying Urban Standard
Residential Zone subject to a Conditional Use Permit and the
provisions of Section 29.
D.
Height Standards.
i.
No building, except multiple-family housing, shall be erected,
enlarged or structurally altered to exceed 30 feet in height without
10-10.22D
BEND CODE
ii.
E.
10-10.22D
a Conditional Use Permit.
The maximum height for multiple-family housing is 45 feet unless
a greater height is approved through a conditional use permit.
Lot Requirements.
i.
The lot requirements of the RS Zone shall apply to all permitted and
conditional uses except multiple-family housing.
ii. Except as specified in this section, the lot requirements of the RH
Zone shall apply to multiple-family housing.
iii. Lot Coverage. There is no maximum lot coverage standard for
multiple-family housing.
F. Maximum Density. The maximum density in the Multiple-family District
is 19 units per net acre.
G. Site Plan Review. Multiple-family housing shall be subject to the
provisions of Section 23 of this code.
(e)
Residential Mixed-use Overlay District.
A. Purpose. The Residential Mixed-use
Overlay District is applied in
locations adjacent to collector streets
or public parks to allow higher
density residential uses, live/work
housing and community commercial
uses in the Urban Standard
Residential Zone. The purpose is to
create small areas of mixed-use at
specific locations within the
neighborhood.
Figure 5. Residential Mixed-Use
Overlay District
B. Uses Permitted.
1.
All uses permitted in the Urban Standard Residential Zone.
2.
Multiple-family housing.
3.
Townhome.
4.
Live/work single-family house subject to the provisions of this District.
5.
Live/work townhome subject to the provisions of this District.
6.
Live/work apartment subject to the provisions this District.
7.
Community Commercial subject to the provisions of this District.
C. Conditional Uses. Conditional uses permitted in the underlying Urban Standard
10-10.22D
BEND CODE
10-10.22D
Residential Zone subject to a Conditional Use Permit and the provisions of
Section 29.
D. Site Plan Review.
i.
Townhomes, live/work house and live/work townhomes are not subject to
site plan approval provisions of this code.
ii.
Live/work apartments and community commercial uses are subject to site
plan approval according to Section 23 of this code, except that where
special standards of the Residential Mixed-use District conflict with
standards within the code, the standards of the Residential Mixed-use
District shall apply.
E. Height Standards.
i.
No building except town homes, live/work townhome, multi-family or
live/work apartment housing shall be erected enlarged or structurally
altered to exceed 30 feet in height without a Conditional Use Permit.
ii.
The maximum height for multiple-family housing or live/work apartment
is 45 feet unless a greater height is approved through a Conditional Use
Permit.
iii. The maximum height for a townhome or live/work townhome is 35 feet
unless a greater height is approved through a Conditional Use Permit.
F. Lot Requirements.
i.
The lot requirements of the RS Zone shall apply to all permitted and
conditional uses except multiple-family housing, townhomes, live/work
townhomes, live/work apartments and community commercial.
ii.
The lot requirements of the RH Zone shall apply to multiple-family housing
and live/work apartments except that the minimum front yard setback is 5
feet and the minimum side yard setback is 0 feet.
iii. The lot requirements of the RM Zone shall apply to townhomes and
live/work townhomes, except that the minimum front yard setback is 5 feet,
the minimum side yard setback is 0 feet, and the minimum lot width is 24
feet.
iv. The lot requirements of the CN zone shall apply to community commercial
except that the minimum front yard setback is 5 feet.
v.
There is no maximum lot coverage standard for townhomes, live/work
townhomes live/work apartments or multiple-family housing.
G. Density. The density in the Residential Mixed-use District is a maximum of 19
units per net acre.
H. Primary Street Frontage. Live/work housing and community commercial uses may
only be located along primary street frontage identified in the four area maps below
(Figures 6, 7, 8 and 9). The amount of live/work housing and community
commercial is further limited to the maximum lot frontage identified in Table “A”
10-10.22D
BEND CODE
below.
10-10.22D
10-10.22D
BEND CODE
10-10.22D
Table A. Residential Mixed-use District – Maximum Allowable Live/work
Housing and Community Commercial by Area.
Area
1. Discovery
Park
2. Lewis &
Clark
Park
3. Compass
Park
4. Lemhi Pass/
NW Crossing
Figure 6. Discovery Park
Area
Linear feet of
primary
frontage in
District
600
Maximum Primary
Street Frontage for
Live/work Housing
Lots
300 linear feet
Maximum Primary
Street Frontage for
Community
Commercial Lots
200 linear feet
200
200 linear feet
50 linear feet
1000
800 linear feet
100 linear feet
500
500 linear feet
Not permitted
Figure 7. Lewis And Clark Park
Area
Figure 8. Lemhi Pass/NW
Crossing Area
10-10.22D
BEND CODE
10-10.22D
Figure 9. Compass Park Area
I. Platting Lots for Live/work Housing and Community Commercial Uses.
i.
ii.
iii.
The final plat for a subdivision in the Residential Mixed-use Overlay
District shall specify the lots where live/work housing or community
commercial uses will be permitted.
A deed restriction shall be recorded with each lot identified on the final
plat as a live/work housing or community commercial.
The number of lots in the Residential Mixed-use Overlay District shall be
limited to a maximum amount of linear primary street frontage.
J. Sign Standards.
i.
Each live/work house or live/work townhome may have non-illuminated
sign(s) not exceeding a combined maximum area of 16 square feet. Signs
shall be attached to the building.
ii.
Each live/work apartment or community commercial building may have
one non-illuminated monument sign and/or one building mounted sign not
exceeding a combined maximum area of 32 square feet.
iii. Individual businesses in live/work apartment buildings may have
additional non-illuminated sign(s) mounted on the building not exceeding
a combined maximum of 8 square feet in size.
K. Off-street Parking Standards.
i.
Each live/work house or live/work townhome may have no more than two
off-street spaces in addition to the two spaces required by Section
10.10.24(4) of this code.
ii.
The off-street parking standards in Section 10.10.24 shall apply to a work
use in a live/work apartment building.
iii. Community commercial uses shall have a minimum of one off-street
vehicle parking space for each 500 square feet of floor area and a
minimum of 4 covered bicycle parking spaces. The maximum number of
off-street parking spaces for a community commercial building is 5,
including one handicapped accessible space, if required.
10-10.22D
BEND CODE
10-10.22D
L. Special Standards For Live/work Townhomes and Live/work Houses.
i.
The area dedicated to the work use in the live/work unit shall not exceed
the size requirement in the applicable definition of live/work house or
live/work townhome in Section X .2 (f) (I) or (ii) of this code.
ii.
The work use shall not generate noise exceeding 55-decibel level as
measured at the lot line of the lot containing the live/work house or
live/work townhome.
iii. No outside storage of materials or goods related to the work occupation or
business shall be permitted.
iv. No dust or noxious odor shall be evident off the premises.
v.
Employees of the work occupation or business may not occupy more than
2 on-street parking spaces at any time.
vi. If the business is open to the public, public access must be through the
front door and the business may not be open to clients or the public before
7:00 a.m. or after 7:00 p.m.
10-10.22D
(f)
BEND CODE
10-10.22D
Commercial/Mixed Employment Overlay District
A.
Purpose. The purpose of this District is
to allow a special front yard setback that is
not permitted in the underlying
Commercial Limited and Mixed
Employment Zones and to create parking
districts. The purpose of the parking
districts is to allow minimum parking
needs to be met in commmon, shared, offsite parking lots. The special setback
and parking districts will create a
pedestain friendly, mainstreet
environment.
Figure 10. Commercial/Mixed
Employment District
B. Uses permitted.
i.
The permitted uses allowed in the underlying Commercial Limited and
Mixed Employment Zones shall be allowed.
C. Conditional Uses.
i.
Conditional uses permitted in the underlying Commercial Limited and
Mixed Employment Zones subject to a Conditional Use Permit and the
D. Height Standards.
i.
The height standards of the underlying Commercial Limited or Mixed
Employment Zone shall apply.
E. Lot Requirements. None.
F. Lot Coverage. There is no maximum lot coverage standard.
G. Front Yard Setback.
i.
No front yard setback is required when an entrance to the building is
located at the front lot line and the building is adjacent to a sidewalk 10
feet or wider in a public or private street right of way.
H. Site Plan Review and Design Review. The provisions of Section 23, Site Plan
10-10.22D
BEND CODE
10-10.22D
Review, shall apply in the Commercial/Mixed Employment District. The
provisions of Section 23A of this code pertaining to design review shall not
apply in the Commercial/Mixed Employment District provided that West Bend
Property Company maintains design review standards and process consistent
with the May 2003 North West Crossing Commercial Rules and Design
Guidelines.
I. Parking District Standards
Each Commercial/Mixed Employment District will have areas designated
for common off-street parking lots and streets designed to serve the
minimum parking needs for permitted and conditional uses in the
Commercial Limited and Mixed Employment Zones.
ii.
Buildings shall be located on and oriented to the streets and the parking
lots will be located in the interior of the site or at the sides of buildings.
The designated common parking areas will allow all buildings to be close
to the street to create a pedestrian scale street environment.
iii. When uses are approved under the City Zoning Code in the Commercial
Limited and Mixed Employment Zones, the minimum off-street parking
requirements may be met in off-site, common parking lots or facilities, or
in on-street parking on designated streets conveniently located to serve the
commercial, office and industrial uses.
iv. City approval of a use in the Commercial/Mixed Employment District
shall be conditioned on evidence that the city minimum parking
requirements for a proposed use are met by:
a.
A deed, lease, contract or other legal agreement assuring
reservation of the required minimum number of spaces in a
common District parking lot or facility, or in on-street parking on
private streets; or,
b.
City approval of a shared or joint use agreement evidenced by a
deed, lease, contract or other legal agreement.
v.
Any parking desired over the minimum city standard shall be met with onstreet or shared parking within the Commercial Districts.
vi. Designated pedestrian access from the common District parking areas to
the street and entrances to the commercial uses shall be provided.
vii. All buildings must have at least one primary entrance directly fronting a
public or private street.
viii. The Parking District facilities shall be managed and maintained by an
association of building owners in the Commercial/Mixed Employment
Districts.
ix. Parking for any secondary, second story residential use shall be provided
in assigned and reserved parking spaces, or through city approval of a
shared or joint use agreement evidenced by a deed, lease, contract or other
legal agreement. Reserved residential parking spaces shall not exceed the
minimum city standard.
i.
10-10.22D
BEND CODE
x.
J.
10-10.22D
Parking lot landscaping will meet or exceed minimum city standards.
Industrial Park Overlay District
A. Purpose. The purpose of the Industrial Park Overlay District is to permit
lumber and building material retail sales in addition to all uses allowed in the
Industrial Park Zone.
Figure 11. Industrial Park Overlay District
B. Uses permitted.
i.
All uses permitted in the Industrial Park Zone.
ii.
Retail or combination retail/wholesale lumber and building material yard,
not including concrete mixing.
C. Conditional Uses.
i.
Conditional uses permitted in the Industrial Park Zone subject to a
Conditional Use Permit and the provisions of Section 29.
D. Height Standards.
i.
Height standards shall be the same as in the Industrial Park Zone.
E. Lot requirements.
i.
Lot requirements shall be the same as the in Industrial Park Zone.
F. Site Plan Review and Design Review. The provisions of Section 23, Site Plan
Review, shall apply in the Industrial Park Overlay District. The provisions of
Section 23A of this code pertaining to design review shall not apply in the
Industrial Park Overlay District provided that West Bend Property Company
maintains design review standards and process consistent with the May 2003
10-10.22D
BEND CODE
NorthWest Crossing Commercial Rules and Design Guidelines.
10-10.22D
10-10.22D
(h)
BEND CODE
10-10.22D
NorthWest Crossing Residential Cluster Overlay District
A. Purpose. The purpose of this section is to:
i.
Provide a housing type that
responds to changing
household sizes and ages
(e.g., retirees, small families,
single person households);
ii. Provide opportunities for
ownership of small, detached
dwelling units within the
Northwest
Crossing
neighborhood;
Figure 14. Residential Cluster
Overlay District
iii.
iv.
v.
vi.
Encourage creation of more usable open space for residents of the
development through flexibility in density and lot standards;
Support the growth management goal of more efficient use of urban
residential land;
Provide development standards to ensure compatibility with surrounding
land uses; and
Create a small area of higher density residential development than the urban
standard residential district yet provide detached dwellings with private and
shared open space.
B. Uses Permitted.
i.
All uses permitted in the Urban Standard Residential (RS) Zone.
ii. Cluster housing developments subject to the development standards
in subsection D of this overlay district. Buildings that are accessory to
the cottages are subject to the development standards in subsection D.
iii. Community Buildings in a Cluster housing development. Community
buildings shall be incidental in use and size to the cottage housing and
shall be commonly owned by the residents.
C. Conditional Uses. Conditional uses permitted in the underlying Urban Standard
Residential Zone (RS) are subject to a Conditional Use Permit and the
D. Development Standards and Site Requirements for Cluster Housing
Developments.
i.
Site Requirements:
(a).
Permitted density within the Northwest Crossing Cluster Housing
10-10.22D
BEND CODE
(b)
(c)
(d)
(e)
(f)
(g)
(h)
10-10.22D
Overlay District is 12 units per acre.
Minimum lot size within the Northwest Crossing Cluster Housing
Overlay District is 2,000 square feet.
Cottages adjacent to property lines fronting a public street shall be
setback a minimum of 10 feet and a maximum of 20 feet.
Accessory structures, garages or carports shall be setback a
minimum of 20 feet from property lines fronting a public street.
Rear yard setbacks shall be a minimum of ten (10) feet.
Interior separation. There shall be a minimum separation of ten
(10) feet between all buildings.
All structures in the cluster development shall have pitched roofs.
Maximum height for structures within the Northwest Crossing
Cluster Housing Overlay District is 25 feet.
ii. Cottage Development Standards. The design standards and floor area
requirements ensure that the overall size and scale, including bulk and mass of
cottage structures remains smaller and incur less visual impact than standard
sized single-family dwellings, particularly given the allowed density of the
cluster housing development.
(a)
The total floor area of each cottage shall not exceed 1,200 square
feet or 1.5 times the area of the main floor, whichever is less.
Attached garages shall be included in the calculation of total floor
area.
(b)
Cottage areas that do not count toward the total floor area
calculation are:
1. Unheated storage space located under the main floor of
the cottage.
2. Architectural projections, such as bay windows or
fireplaces.
3. Attached roofed porches.
4. Detached garages or carports.
5. Spaces with a ceiling height of six feet or less measured to
the exterior walls, such as in a second floor area
under
the slope of the roof.
(c)
The maximum main floor area for cottages is 1000 square feet
including attached garages. For the purposes of this calculation,
the area of interior stairway may be allocated between floors
served.
(d)
Cottages shall have a roofed porch at least 80 square feet in size
with a minimum dimension of eight feet on any side.
(e)
The total square foot area of a cottage may not be increased. A
deed restriction shall be placed on the title to the property for the
purpose of notifying future property owners that any increase in
the total square footage of a cottage is prohibited for the life of the
cottage or duration of Northwest Crossing Cluster Housing
10-10.22D
BEND CODE
(f)
10-10.22D
Overlay District regulations.
All proposed cottages and accessory buildings are subject to
review and approval by the Northwest Crossing Architectural
Review Committee.
iii. Required Open Space.
(a)
Shared Open Space:
1. Shall provide a centrally located, focal area for the cluster
housing development.
2. Shall total a minimum of 500 square feet per cottage when all
shared open space areas are combined.
3. Shall abut at least 50 percent of the cottages.
4. Shall have 75% of the open space area abut structures on at
least two sides.
5. Shall be within 75 feet walking distance of each cottage.
6. Common parking areas are not counted in the shared open
space area requirements.
(b)
Private open space:
1. Shall be a minimum of 300 square feet of private, contiguous,
usable open space with no dimension less than 10 feet adjacent
to each dwelling unit, for the exclusive use of the cottage
resident.
2. Shall be located on slopes of less than 10 percent
iv. Parking Location and Screening. The parking location and screening standards
are designed to ensure minimal visual impact from vehicular use and parking
areas for residents of the Northwest Crossing Cluster Housing Overlay District
and adjacent properties, and to maintain a single-family character along public
streets.
(a)
A minimum of one parking space and a maximum of two parking
spaces is required for each cottage.
(b)
A parking area is a location for two or more contiguous vehicle
spaces, which are required to meet the minimum parking
requirements, and are not within a garage or carport. Parking
areas:
1. May be on lots created for shared parking for the Cluster
Housing Development.
2. Shall be located in the Cluster Housing Development.
3. Shall be screened from public streets and cottages by
landscaping, fencing or buildings.
4. Shall be prohibited within 20 feet of a public street.
5. Shall have access via an alley.
10-10.22D
BEND CODE
10-10.22D
4. NorthWest Crossing Special Street Standards
(a)
Figure 12 depicts the street type, tentative street location and alignment in
NorthWest Crossing. Table B defines the standards to correspond to the street
type shown in Figure 12. The precise street alignment shall be determined as
tentative subdivsion plans are submitted and approved. The NorthWest
Crossing Street Type Plan, Figure 12, and the NorthWest Crossing Street
Standards, Table B, shall be applied to the NorthWest Crossing development
as illustrated except when an alternate standard is permtted under Section (b)
or through the tentative plan approval process.
(b)
Any city street standard adopted after the effective date of this chapter, which
permits a lesser street standard may be applied to NorthWest Crossing in
conformance with the provisions of the new standard.
(c)
Clear Vision Area. At local/local, stop-controlled street intersections, the
clear vision area shall consist of a triangular area two sides of which are lot
lines measured from the corner intersection of the street lot lines for a distance
of 20 feet.
(d)
Performance Standards for Local Residential Street “B”:
A. Average daily traffic volumes on the local “B” street does not exceed 300
ADT.
B. The street is connected to a grid street pattern at both block ends.
C. Blocks shall have dedicated public alley access constructed to City
standards.
D. “No Parking” zones are established 55 feet from the centerline of
intersecting local streets.
E. For block lengths exceeding 300 feet, “No Parking” zones shall be
established on both sides of the street spaced no greater than 250 feet
apart. The “No Parking” zones shall be a minimum of 30 feet in length.
10-10.22D
F
BEND CODE
Figure 12. NorthWest Crossing Street Type Plan
10-10.22D
10-10.22D
Table B. North West Crossing
Street Standards
BEND CODE
10-10.22D
10-10.22D
BEND CODE
Figure 13. NorthWest
Crossing
Overlay Districts
[Section 22D added by Ord. NS 1782, passed May 2, 2001]
10-10.22D
10-10.22D
BEND CODE
10-10.22D
[Section 22D amended by Ord. NS-1892, passed October 1, 2003]
[Section 22D, (3)(f)(H) and (3)(j)(F) amended by Ord. NS-1902, passed December 17, 2003]
[Section 22D (3)(h) added by Ord. NS-1968, passed May 4, 2005]
10-10.22E
BEND CODE
10-10.22.E
Section 22E. Dean Swift Refinement Plan Development Standards
(1)
Purpose. The Dean Swift Refinement Plan overlay is intended to implement the Dean
Swift Neighborhood Plan concepts and to create special overlay zoning standards for the
residential and mixed-use designations within the refinement plan area. The overlay
standards will:
•
Provide a variety of housing types
•
Locate higher densities near commercial corridors and services
•
Create opportunities for neighborhood oriented services
•
Ensure compatibility within the neighborhood and surrounding area
•
Improve the local street grid for automobiles and pedestrian benefit
•
Create a livable neighborhood for all ages.
The Dean Swift Refinement Plan area is approximately 29 acres in size. The area is intended
to remain primarily residential in character and use. Through the refinement plan public
process, approximately 3.55 acres of the total land area was identified for development as
Mixed Employment. In addition, residential sub-areas within the neighborhood have been
identified to create a transition between the commercial high use areas along Hwy 20 and the
established residential uses to the south. The sub area is shown on the attached map. The
Dean Swift residential neighborhood will have an overall density consistent with the RM
zone. However, development standards and densities will be different within each sub-area.
(2)
Use Standards. The special standards of the Dean Swift Refinement Plan area shall
supercede the standards of the underlying zone. Where no special standards are
provided, the applicable standards of the underlying zone shall apply.
(a)
Modified RM Residential Overlay
(A) Sub-area “A” is located along the north side of Carl and Don Streets and south of
the Highway 20 commercial district. Sub-area “A” does not extend to Purcell
Boulevard. The purpose of this area is to provide a transition between the
Highway Commercial development to the north and the residential neighborhood.
The development characteristics of Sub-area “A” are as follows:
•
•
•
•
The residential density range is 10-21 units per net acre.
The maximum building height is 40 feet.
Lot coverage has been increased to 50% to allow flexibility to develop
higher residential densities.
Two locations within the sub-area have been designated for “live/work”
development. This allows low impact commercial use on the ground floor
of a building provided that an equal or greater area of residential use is
provided on the upper floors.
(B) Sub-area “B” is located south of Carl Street, west of Dean Swift Road and north
10-10.22E
BEND CODE
10-10.22.E
of the proposed “A Street”. A second portion of sub-area “B” is located along the
proposed north/south “C Street” that parallels Purcell Boulevard between Don
Street and Bear Creek Road. The purpose of sub-area “B” is to provide a
diversity of housing types and density transition to the single-family home
development in sub-area “C”. The development characteristics of Sub-area “B”
are as follows:
•
•
•
•
The residential density range for this sub-area is 7 to12 units per net acre.
The minimum lot size in this sub-area is 4,500 square feet except where
zero lot line attached housing is proposed, the minimum lot size can be
2,000 square feet.
Lot coverage is increased to 45% to allow the flexibility for a variety of
housing types.
(C) Sub-area “C” is the largest sub-area and is located north of Bear Creek Road,
south of the proposed “A Street” and Don Street and west of the proposed “C
Street”. This area represents a more traditional residential neighborhood. The
development characteristics of Sub-area “C” are as follows:
•
•
•
•
•
•
•
The residential density range for this sub-area is 6 to 10 units per net acre.
The predominate housing type will be single-family except on corner lots
where duplex and triplex units may be developed provided each duplex
unit shall access and/or front on different streets.
Accessory dwelling units that are subordinate to the main home are
encouraged.
The minimum lot size is 5000 square feet.
On lots greater than 7000 square feet, detached homes may be built,
provided all provisions of this code can be met.
The maximum lot coverage is 45%.
(D) Lot Requirements. The lot requirements for the RM zone as described in Section
11 of the zoning ordinance shall be observed unless specifically addressed by
each sub-area or as indicated below.
(i) The minimum front yard setbacks within all sub-areas shall be 5 feet for buildings
except garages and carports shall be setback 18 feet . Corner lots will need to
observe the clear vision setbacks in addition to the overlay setbacks. Uncovered
porches and stoops may encroach into the setback a maximum of 2 feet.
(ii) Side and rear yard setbacks do not increase based on building height
(iii) Vehicular access shall be from an alley where provided.
(b)
Modified Mixed Employment Overlay
10-10.22E
BEND CODE
10-10.22.E
(A) The permitted and conditional uses in the Mixed-Employment Zone are very
diverse. Some of the uses in the ME zone could adversely impact the residential
character of the Dean Swift neighborhood thereby obstructing the intent and
purpose of the overlay. For this reason, the overlay zone will restrict the
permitted and conditional uses for this area. ME uses within the Dean Swift
Refinement Overlay will be limited to the following permitted and conditional
uses:
I. (B) Permitted Uses
(a) Service commercial and retail uses, excluding drive-thru service.
(b) Professional office, excluding medical uses.
(c) Residential housing located above or behind a permitted or
conditional use.
(d) Auto related/ auto dependant uses when contiguous to a commercial
zone.
(C) Conditional Uses
(a) Commercial day nursery or day care facility that is not part of a
service for employees of a permitted or conditional use.
(b) Buildings exceeding 45 feet in height.
(D) Service commercial, retail or office buildings greater than 5,000 square feet of
gross floor area shall provide residential dwelling units above or behind the
use at a 1:2 ratio based on gross square footage.
(3)
Neighborhood Open Space. An area of land located in the southwest corner of the Plan
area with frontage along Bear Creek Road has been designated as open space as shown
on the Refinement Plan map. A natural rock outcrop elevates this area. The area would
be difficult to develop for residential purposes and shall remain as natural open space
unless it is combined with the contiguous property to the west for public use. The
development potential for the preserved area may be transferred to the balance of the
parcel for development .
(4)
Street and Pedestrian Standards. All streets within the refinement area are designated as
local streets. Bear Creek Road, designated as a minor arterial and Purcell Boulevard,
designated as a major collector, border the refinement area. All streets and pedestrian
facilities shall be consistent with the requirements of the Bend General Plan, the Zoning
Ordinance and the Land Division Ordinance.
(5)
Alleys. If private or public alleys are proposed within the refinement area, the alley way
shall be a minimum of 20 feet in width with a minimum of 18 feet of paved travel
surface. All alleys shall comply with Emergency Service access requirements.
10-10.22E
BEND CODE
10-10.22.E
(6)
Pedestrian Corridors/ Trails. Pedestrian corridors and trails shall be dedicated to the City
on a final plat. The right of way width shall be 15 feet with a minimum 10 foot paved
surface.
(7)
Street Trees. Tall stature trees shall be planted along all street frontages within the Dean
Swift Refinement area with the development of the adjacent properties. Those properties
located within the flight path of the private airport located south of Bear Creek shall limit
selection to tree species with a maximum mature height of 60 feet. Proposed street tree
varieties shall be approved by the City prior to planting. The trees shall be planted a
maximum of 30 feet apart. Trees shall be a minimum of 2-inch caliper measured four
feet above the ground at the time of planting. Maintenance of the street trees is the
responsibility of the adjacent property owner.
(8)
Fences. Walls and fences located within the front yard setbacks shall not exceed three
and one half (3 ½) feet in height. Taller fences or walls may be permitted along interior
property lines after first obtaining the necessary permits.
(9)
Lot Access. New lots within the Dean Swift Refinement Plan area shall utilize rear or side
alleyways for vehicular access as designated on the circulation plan.
(10)
Design Standards. The design standards are intended to provide detailed human scale design
to preserve the quaint character of the neighborhood while allowing flexibility to develop a
variety of building types.
All single family, multiple family, mixed use and commercial buildings must comply with
all of the following standards. The illustrations provided are intended to show how to
comply, not restrict building types. Other building types and design can be used to comply
so long as they are consistent with the design standards.
All buildings shall incorporate design features such as offsets, balconies, projections,
window reveals, or similar elements to preclude large expanses of building surfaces.
(A) Detailed Design Elements. All buildings shall provide detailed design along all
elevations (front, sides, and rear). A minimum of 5 architectural features shall be
provided on the front elevation and a minimum of 3 architectural features shall be
provided on the side and rear elevations selected from the following list of features:
a.
b.
c.
d.
e.
f.
g.
Dormers
Gables
Recessed entries
Covered Porches
Cupolas or towers
Pillars or Posts
Eaves with a minimum 12 inch projection
10-10.22E
BEND CODE
h.
i.
j.
k.
l.
10-10.22.E
Window trim with a minimum 4-inch width
Offsets in building face or roof by a minimum of 16-inches
Bay windows
Balconies
Decorative patterns on exterior finish (e.g. scales/shingles,
wainscoting, board and batt, masonry)
The following definitions shall be added to the Zoning Ordinance Section 10.10.4
Accessory Dwelling – A small, secondary housing unit on a lot. The unit can be attached to the
main home or garage or detached. The maximum floor area of the unit shall not exceed 800
square feet.
Auto-related/Auto-dependant use – The use serves motor vehicles and would not exist without
them, such as a vehicle repair, gas station, car wash or auto and truck sales.
Live/Work Dwelling – A dwelling or a group of dwellings in which a business may be operated
on the ground floor. The ground floor commercial space has visibility, signage, and access from
10-10.22E
BEND CODE
10-10.22.E
the primary street frontage. To preserve the pedestrian orientation of the commercial space,
alley access is required to provide trash service, delivery access and parking.
[Section 10.10.22E added by Ord NS-1877, passed August 6, 2003]
10-10.22G
BEND CODE
10-10-22G
Section 10-10.22G Medical District Overlay Zone
(1)
Purpose: The purpose of the Medical District Overlay Zone is to allow for the
continuation and flexible expansion of the hospital, medical clinics and associated uses in a
planned and coordinated manner. Flexibility is essential to allow existing and future uses
to respond and adapt to changes in technology, the medical profession, and society as a
whole. The primary uses in the medical district overlay zone are hospitals and other
medical clinics and uses. Related uses may be located within the hospital or clinic
buildings or as independent uses within the overlay zone area. The overlay zone is
intended to enhance the underlying zones of the Urban Medium Density Residential (RM)
Zone, Urban High Density Residential (RH) Zone, and the Convenience Commercial (CC)
Zone. The overlay zone standards will:
(A) Strengthen the role currently played by the medical district area around 27th Street
and Neff Road as a regional center for healthcare and related services.
(B) Provide flexibility within the underlying zones to allow medical uses.
(C) Allow small scale supportive commercial/retail uses to supplement the medical
district.
(D) Balance the need for residential development within the overlay zone to provide
options for medical services development.
(2)
(3)
Applicability: Provisions of this section apply to all property within the boundaries of the
Medical District Overlay Zone as shown on the attached boundary map and on the Bend
Urban Area Zoning Map. These provisions modify existing standards of the City of Bend
Zoning Ordinance, by applying requirements, limiting allowable uses, or allowing
exceptions to general regulations. Where there is a conflict between the provisions of the
Medical District Overlay Zone and those of other portions of the Zoning Ordinance, the
provisions of this overlay district shall control.
Zoning Districts.
(A)
Urban Medium Density Residential (RM) Zone
1.
Permitted Uses.
a.
b.
All uses permitted in the Urban Medium Density Residential (RM) Zone.
All uses permitted in the Urban High Density Residential (RH) Zone, are
permitted except for the following uses which are not permitted:
i.
c.
Photographic studios
In buildings built after [the effective date of this ordinance], the following uses
10-10.22G
BEND CODE
10-10-22G
shall be allowed to occupy no more than 33% of the floor area:
i.
2.
General Office uses.
Conditional Uses.
a. All uses conditionally permitted in the RM zone subject to a Conditional Use
Permit and the provisions of Section 29, except for the following uses which are
not allowed:
i.
Timeshare Unit or the creation thereof.
b. All uses conditionally permitted in the RH zone subject to a Conditional Use
not allowed:
i.
ii.
iii.
iv.
Dancing and music schools
Club, lodge and fraternal organization
Mortuaries
Timeshare unit or the creation thereof
c. In buildings built after [the effective date of this ordinance], the following uses
may be allowed to occupy more than 33% of the floor area if approved through
the Conditional Use Permit process:
i.
d. Service commercial uses up to 4000 square feet, gross floor area, excluding
drive-thru and auto-related & auto dependent uses. Subject to subsection 7(D)
below.
e. Eating and drinking establishments up to 4000 square feet, gross floor area, in
size. Subject to subsection 7(D) below.
(B)
Urban High Density Residential (RH) Zone
1.
Permitted Uses.
a. All uses permitted in the Urban High Density Residential (RH) Zone, are
permitted except for the following uses which are not permitted:
i.
Photographic studios
b. In buildings built after [the effective date of this ordinance], the following uses
shall be allowed to occupy no more than 33% of the floor area:
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i.
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c. Hospitals
2.
Conditional Uses.
a. All uses conditionally permitted in the RH zone subject to a Conditional Use
not permitted:
i.
ii.
iii.
iv.
Dancing and music schools
Club, lodge and fraternal organization
Mortuaries
Timeshare unit or the creation thereof
b. In buildings built after [the effective date of this ordinance], the following uses
may be allowed to occupy more than 33% of the floor area if approved through
the Conditional Use Permit process:
i.
c. Service commercial uses up to 4000 square feet, gross floor area, excluding
drive-thru and auto-related & auto dependent uses. Subject to subsection 7(D)
below.
d. Eating and drinking establishments up to 4000 square feet, gross floor area, in
size. Subject to subsection 7(D) below.
(C)
Commercial Convenience (CC) Zone
1.
Permitted Uses.
a. All uses permitted in the CC Zone, except for the following uses which are not
permitted:
i.
2.
Auto parts sales (new)
Conditional Uses.
a. All uses conditionally permitted in the CC zone, except for the following uses
which are not permitted:
i.
Automobile service station and minor auto repair
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(4)
Permit.
(5)
(A)
Lot area:
For all dwelling units including single family dwellings, two and three family housing,
and multiple-family housing in the underlying RM zone, the lot shall be a minimum area
of 2,500 square feet for the first unit plus 2,000 square feet for each additional dwelling
unit.
For all dwelling units including single family dwellings, two and three family housing,
and multiple-family housing in the underlying RH zone, the lot shall be a minimum area
of 2,500 square feet for the first unit plus 1,000 square feet for each additional dwelling
unit.
For any other use there shall be no minimum lot area.
(B) Lot width: For Single family dwellings, Two and three family housing, and Multiplefamily housing the lot shall be a minimum width of 30 feet. This lot width may be
reduced to 20 feet for lots in an approved zero lot line subdivision.
For any other use there shall be no minimum lot width.
(C) Front yard: The minimum front yard setback shall be 10 feet except on corner lots
where the clear vision clearance area requirements shall apply and except when
adjacent to a lot out side of the Medical District Overlay Zone, the front yard setback
shall be same as the front yard setback required in the adjacent zone.
(D) Side yard: The minimum side yard setback shall be 5 feet. The side yards shall be
increased by ½ foot for each foot by which the building exceeds 15 feet in height.
For existing or development of new single family detached housing the side yard setback
shall be a minimum of 5 feet on each side.
The side yard setback distance for one or both sides may be waived for an approved zero
lot line subdivision or partition.
(E) Rear yard: The minimum rear yard setback shall be 5 feet except when adjacent to a
lot outside of the Medical District Overlay Zone and then the rear yard setback shall
be a minimum of 20 feet. The required rear yard setback shall be increased by ½ foot
for each foot by which the building exceeds 15 feet in height.
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10-10-22G
Section 23(11)(d) and (e).
(G) Lot coverage: For Single family dwellings, Two and three family housing, and
Multiple-family housing the lot coverage shall be a maximum of 50%.
For any other use there shall be no maximum lot coverage.
(6)
(7)
Design Standards. The design standards are intended to provide detailed human scale design
to preserve the character of the area and surrounding neighborhoods while allowing flexibility
to develop a variety of building types.
(A)
Detailed Design Elements. The following standards shall be met for all new
development. A design feature used to comply with one standard may be used to
comply with another standard.
1
Design of small scale buildings. All buildings under 20,000 square feet in size shall
provide detailed design along all elevations (front, sides, and rear). A minimum of 5
architectural features shall be provided on the front elevation and a minimum of 3
architectural features shall be provided on the side and rear elevations selected from
the following list of features:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
2
Dormers
Gables
Recessed entries
Covered Porches
Cupolas or towers
Pillars or Posts
Eaves with a minimum 12 inch projection
Window trim with a minimum 4-inch width
Offsets in building face or roof by a minimum of 16-inches
Bay windows
Balconies
Decorative patterns on exterior finish (e.g. scales/shingles, wainscoting, board
and batt, masonry)
Design of Large-Scale Buildings and Developments. The standards in subsection
“c”, below, shall apply to “Large-Scale Buildings and Developments”, as defined in
a-b:
a. Individual buildings with more than 20,000 square feet of enclosed ground-floor
space (i.e., “large-scale”). Multi-tenant buildings shall be counted as the sum of
all tenant spaces within the same building shell; and
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b. Multiple-building developments with a combined enclosed ground-floor space
more than 40,000 square feet (e.g., shopping centers, public/institutional
campuses, and similar developments).
c. All large-scale buildings and developments, as defined in a-b, shall provide
human-scale design by conforming to all of the following criteria:
i.
Incorporate changes in building direction (i.e., articulation), and divide
large masses into varying heights and sizes, as shown in Figures 4 and 5.
Such changes may include building offsets; projections; changes in
elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern
of divisions in surface materials; and use of windows, screening trees;
small-scale lighting (e.g., wall-mounted lighting); and similar features.
ii.
Every building elevation adjacent to a street with a horizontal dimension
of more than 100 feet, as measured from end-wall to end-wall, shall have a
building entrance; except that buildings elevations that are unable to provide
an entrance due to the internal function of the building space (e.g.,
mechanical equipment, areas where the public or employees are not
received, etc.) may not be required to meet this standard. Pathways shall
connect all entrances to the street right-of-way.
The illustrations provided are intended to show how to comply, not restrict building types. Other
building types and design can be used to comply so long as they are consistent with the design
standards.
Figure 2
Examples of Architectural Details (Typical)
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Figure 3
Examples of Architectural Details: Townhomes and Multi-Family (Typical)
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Figure 4
Design of Large-Scale Buildings and Developments (Typical)
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Figure 5
Design of Large-Scale Buildings and Developments (Typical)
Note: the examples shown above are meant to illustrate examples of these building design elements,
and should not be interpreted as a required design style.
(B)
Building Height Transition
1.
This standard applies to new and vertically expanded buildings on property
located in the Medical District Overlay Zone within 100 feet of the boundary of the
overlay zone and new or vertically expanded buildings adjacent to properties
developed with single story residential uses within the Medical District Overlay
Zone. Except that this standard shall not apply to new or vertically expanded single
family detached houses.
2.
Any new or vertically expanded building, meeting the applicability criterion
above, within 20 feet (as measured horizontally) of an existing single-story building
with a height of 25 feet or less, as shown in Figure 6, shall meet the building height
transition requirements.
3.
To provide compatible building scale and privacy between developments,
buildings taller than 25 feet shall “step-down” to create a building height transition
to adjacent single-story building(s).
4.
The building height transition standard is met when the height of the taller
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building (“x”) does not exceed one (1) foot of height for every one (1) foot
separating the two buildings (“y”), as shown in Figure 6.
Figure 6
Building Height Transition
(C) Landscaping requirements. The following standards shall apply to all new development.
1.
Street trees. Street trees shall be planted along the frontage of all properties. Only
street trees from a list maintained by the City Planning Department shall be planted.
Street trees shall be planted a maximum of 30 feet on center. Trees shall be a
minimum of 2-inch caliper measured 4 feet from ground level.
2.
Buffering. The City may require additional landscaping within setback areas to
mitigate adverse noise, light, glare, and aesthetic impacts to adjacent residential
properties from new development.
(D)
Standards for commercial/retail uses and Eating and drinking establishments.
1.
Drive-up windows and/or drive-through services shall not be permitted.
2.
Notwithstanding Section 10-10.14(7)(a) for the Commercial Convenience zone,
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which requires uses to be conducted wholly within an enclosed building, a restaurant,
delicatessen, cafeteria, or coffee shop may include an outdoor seating/eating area,
provided the outdoor area consists of an all-weather surface not greater than 900
square feet in gross floor area and screened from public rights-of-way and residentially
zoned properties by a completely sight-obscuring hedge and/or fence as determined
through the Site Plan Review process.
3.
For service commercial/retail uses and eating and drinking establishments as allowed
under section 3 above:
(a)
There shall be no more than a total of eight (8) acres of site area
developed for free standing Service commercial/retail uses and/or Eating and
drinking establishments within the Medical District Overlay Zone.
(b)
Four (4) of the allowable eight (8) acres shall be the existing Commercial
Convenience zoned property along 27th Street and Cushing Drive (Watt Way)
and Medical Center Drive, South of Neff Road.
(c)
The other four (4) acres of allowable area shall be located north of Neff
Road.
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[Figure 7 – See attached map]
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[Section 10.10.22G added by Ord NS-1914, passed March 3, 2004]
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10-10.23
Section 23. Site Plan Approval.
(1)
Purpose. The purpose of Site Plan Approval is to ensure compliance with the objectives of
this Ordinance and the Comprehensive Plan where development may cause a conflict
between uses in the same or adjoining zones by creating unsightly, unhealthful or unsafe
conditions and thereby adversely affect the public health, safety, and general welfare. The
purpose shall also be to avoid creating undue burdens on public facilities and services. In
considering a site plan the committee shall take into account the impact of the proposed
development on nearby properties, on the capacity of the street system, on land values and
development potential of the area, and on the appearance of the street and community.
(2)
Site Plan Committee. There is hereby created a Site Plan Committee consisting of the
Planning Director, the Public Works Director and the City Engineer, or their authorized
deputies, to carry out the duties set forth in this section.
(3)
Site Plan Requirements. In all zones, except for a single family unit on one lot, all new uses,
buildings, outdoor storage or sales areas and parking lots or alterations thereof shall be
subject to the provisions of this section. Site plan approval shall not be required where a
proposed alteration of an existing building does not exceed 25% of the original structure
unless the Planning Director finds the original structure or proposed alteration does not meet
the requirements of this ordinance or other ordinances of the City of Bend. In the RM and
RH zones, duplexes and triplexes may undergo a Type I review process if they meet
minimum standards as set forth in Section (11).
(4) Non-compliance.
(a)
Non-compliance with a final approved site plan or development agreement shall be
treated as a Zoning Ordinance violation, subject to the provisions of Section 36.
(b) The applicant shall demonstrate continued compliance with the approved landscape plan.
(5) Procedure.
(a)
Prior to filing a site plan application, the applicant is encouraged to confer with the
Planning Department concerning the requirements of formal application.
(b) The site plan application shall be filed on a form provided by the Planning Department
and shall be accompanied by drawings containing information as specified by the
Planning Department. A minimum of eight (8) copies of the site plan shall be
submitted and such additional information as is deemed necessary for the Site Plan
Committee to adequately review the applications.
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(c)
(6)
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10-10.23
The Site Plan Committee shall approve, approve with conditions, or disapprove the
site plan. In approving the plan, the committee shall find that all provisions of this
ordinance are complied with and that all buildings and facilities, access points,
parking and loading facilities, lighting, and walls or fences are so arranged that
traffic congestion is avoided and pedestrian and vehicular safety and welfare are
protected, and there will be minimal adverse effect on surrounding property. The
decision of the committee shall be final unless appealed in accordance with the City
of Bend's land use procedures.
The committee may require the following in addition to the minimum standards of this
ordinance as a condition to the Site Plan Approval.
(a)
An increase in the required yards.
(b) Additional off-street parking.
(c)
Screening of the proposed use by a fence or landscaping or combination thereof.
(d) Limitations on the size, location and number of lights.
(e)
Limitations on the number and location of curb cuts.
(f)
Dedication of land for the creation or enlargement of streets where the existing street
system will be impacted by or inadequate to handle the additional burden caused by
the proposed use.
(g) Dedication of land or an easement for the creation or extension of Access Corridors for
pedestrian and bicycle travel.
(h) Improvement, including but not limited to paving, curbing, installing of traffic signals,
constructing sidewalks, striping bike lanes, or other improvements to the street
system which serves the proposed use where the existing street system will be
burdened by the proposed use.
(i)
Improvement or enlargement of utilities serving the proposed use where the existing
utilities system will be burdened by the proposed use. Improvements may include
but shall not be limited to extension of utility facilities to serve the proposed use and
installation of fire hydrants.
(j)
Landscaping of the site.
(k) Transit Facility or an easement for bus pullout if on a mass transit route.
(l)
Location or orientation of buildings and entrances closer to street to serve
pedestrians, bicyclists and/or mass transit use.
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(m)
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10-10.23
Any other limitations or conditions which it considers necessary to achieve the
purposes of this ordinance.
(7)
Agreement and Security. The developer and owner shall, as a condition of approval, execute
a development agreement for any improvements required on a form approved by the City
Attorney and may be required to file with the City a performance bond or other security as
approved by the City Attorney to assure full performance of the required improvements. The
bond shall be for the cost of the improvements plus 10%.
(8)
Site Plan Criteria. Approval of a site plan shall be based on the following criteria:
(a)
Safety and Privacy. Residential site plans shall be designed to provide a safe living
environment, while offering appropriate opportunities for privacy and transitions
from public to private spaces.
(b) Special Needs of Handicapped. When deemed appropriate the site plan shall provide for
the special needs of handicapped persons, such as ramps for wheelchairs, drop curbs,
and handicapped parking stalls.
(c)
Preservation of Natural Landscape. The landscape and existing grade shall be
preserved to the maximum practical degree, considering development constraints and
suitability of the landscape or grade to serve the applicant's functions. Preserved
trees and shrubs shall be protected during construction.
(d) Pedestrian and Vehicular Circulation and Parking. The location and number of points of
access to the site, the interior circulation patterns, designs of parking areas, and the
separation between pedestrians and moving and parked vehicles shall be designed to
promote safety and avoid congestion on adjacent streets.
(e)
Buffering and Screening. Area, structures, and facilities for storage, machinery and
equipment, services (main, refuse, utility wires, and the like), loading and parking,
and similar accessory areas and structures shall be designed, located, buffered, or
screened to minimize adverse impacts on the site and neighboring properties.
(f)
Utilities. All utility installations above ground, if such are allowed, shall be located
so as to minimize adverse impacts on the site and neighboring properties.
(g) Public Facilities. The proposed use shall not be an undue burden on public facilities,
such as the street, sewer or water systems.
(9)
Required Minimum Standards.
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10-10.23
(a) Minimum Landscaping Standards. All developments subject to site plan approval shall
meet the following minimum standards for landscaping:
1.
A minimum of 15 percent of the area of a project shall be landscaped for
multifamily, commercial, and industrial developments subject to site plan
approval and the following requirements:
(A)
The applicant shall submit a complete landscape plan showing all live plant
materials and non-plant materials to be installed on the site in order to meet
the landscape requirement. The landscape plan shall also include an analysis
of how the site is to be prepared for plant material installation with an
emphasis on soil quality and available depth.
(B)
Irrigation
All plant materials, except existing native plants not damaged during
construction, shall be irrigated by underground sprinkler systems set on a
timer in order to obtain proper water duration and ease of maintenance.
(C)
Non-Plant Materials
The use of certain non-plant materials as part of the landscape plan is highly
encouraged. These materials may include the following: large landscape
quality boulders, wood or concrete soil retaining devices, gravels, concrete
garden amenities, approved mulch materials, stepping stones and water
features. Borders for landscape beds abutting parking areas shall be extruded
or poured-in-place concrete, retaining walls, sidewalks and/or other features
acceptable to the review authority.
(D)
Plant Materials
Minimum Plant Material Sizes And Placement
Note: Annual type plants will not be counted as part of the landscaping
requirement unless permanent architectural or other non-movable features are
specifically created for these type of plants.
Trees
A variety of tree species is encouraged as a way to provide visual interest and
to protect against same species die out or disease. Acceptable tree species
shall be those trees which are listed in this Ordinance, readily available from
local nurseries, tolerant of Central Oregon climate, disease resistant, and do
not create unusual maintenance problems. All deciduous trees shall be a
minimum of 2" in diameter. Larger diameter trees are encouraged if soil
conditions allow.
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10-10.23
There shall be one native Ponderosa species of Pine planted for every four
deciduous trees required to be planted on the site. Pine trees may require
larger planting beds due to their size at maturity. All coniferous trees, except
Ponderosa, shall be a minimum of 6 feet in height. Ponderosa trees shall be a
minimum of 3 feet in height. Larger Ponderosa trees are encouraged if
readily available.
Shrubs
All shrubs shall be a minimum of 3 gallons in size. Shrubs adjacent to
parking areas with car overhang shall be planted at least 3 feet from the
parking surface. Shrubs shall not be placed closer to other materials than the
plant spread at maturity. At least 40% of the shrubs in the landscape plan
shall include evergreens. The use of a variety of shrub types is encouraged.
Ground covers
All ground covers shall be of sufficient size and quantity to provide for
maximum coverage in five years based upon the species and growth pattern.
Planting Beds
Planting beds shall be of sufficient width to accommodate the plants at
maturity. The planting beds along the perimeter of a building shall
incorporate a mix of trees, shrubs and ground covers to buffer the building
and reduce the apparent mass of the building as viewed from the street. The
plant materials within the planting bed shall not create hiding areas or other
security concerns.
2.
Street Trees. The species placement, spacing, and pruning of street trees
shall be as follows, provided that the site plan committee can adjust the
placement standard for special site conditions:
(i)Street trees shall be located a minimum of five feet from the face of a curb.
(ii)Street trees shall be placed a maximum of thirty feet apart. Reduced
separation may be required for smaller species of trees. Variety in tree
placement using clusters of trees and uneven spacing is encouraged.
(iii)An approved tree grate or other surface treatment acceptable to the
review authority shall be used for street trees planted in paved or
concrete areas.
(iv)As street trees grow they shall be pruned to provide a minimum clearance
of eight feet above sidewalk and fourteen feet above streets, alleys, or
roadway surfaces.
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(v)Existing trees may be used as street trees if they are not killed or damaged
from any new development. Sidewalks of variable width and elevation
may be utilized to save existing street trees.
(vi)Existing street trees removed by development projects shall be replaced
by the developer with those from the approved street tree list which is
maintained by the City.
(vii)Street trees shall be those species suitable for the location in which they
are placed. Approved tree species include:
Trees With Low Mature Tree Height (25 feet or less) For Use In Areas
Under Power Lines Or In Small Planting Areas:
Amur Maple/Acer ginnala
Canada Red Cherry/Prunus Virginiana ‘Shubert’
Eastern Redbud / Cercis canadensis
Flowering Crabapple/Malus ‘variety’
Hawthorn/Crataegus ‘variety’
Japanese Lilac Tree/ Syringa reticulata
Serviceberry/Amelanchier
Medium Mature Tree Height (30 to 45 feet):
American Hornbeam/Carpinus caroliniana
Callery Pear/Pyrus calleryana
Hedge Maple/Acer campestre
Mountain Ash/Sorbus acuparia ‘variety’
Tall Mature Tree Height (50 feet or larger):
Birch/Betula pendula ‘variety’
Green Ash/Fraxinus pennsylvanica
Honey Locust/Gleditsia tricanthos ‘variety’
Littleleaf Linden/Tilia cordata
Norway Maple/Acer platanoides ‘variety’
Pin Oak/Quercus paluatris
Red Maple/Acer rubrum ‘variety’
Red Oak/Quercus rubra
Other Tree Species:
The review authority may approve other tree species as necessary to achieve the
purposes of this Ordinance.
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3.
10-10.23
Areas of commercial and industrial zones used for vehicle maneuvering,
parking, loading, or storage, shall be landscaped and screened as follows:
(i)Landscape coverage of the landscape area shall be fifty percent at the time
of installation and ninety percent at five years.
(ii)Parking lot landscaping shall consist of a minimum of seven percent of
the total parking area plus a ratio of one tree per eight parking spaces
to create a canopy effect.
(iii)Landscape buffers between parking areas, parking pods and internal
streets shall have a minimum width of five feet with no car overhang
and ten feet with a car overhang.
(iv)Landscape buffers between parking abutting a property line shall have a
minimum width of ten feet.
(v)Front or exterior yard landscaping may not be substituted for the interior
landscaping required for interior parking stalls.
(vi)There shall be a landscaped and/or screened buffer area a minimum
distance of five feet between commercial uses adjacent to residential
dwellings.
(vii)There shall be a minimum width of ten feet for landscape buffers
between buildings adjacent to streets.
(viii)Landscape buffers shall consist of evergreen ground cover and shrubs
mixed with a variety of flowering and deciduous plant species of trees
and shrubs.
(ix)Landscaping in a parking or loading area shall have a width of not less
than five feet. Landscaping in a parking or loading area shall be
located in defined landscaped areas which are uniformly distributed
throughout the parking or loading area.
4.
Required landscaping shall be continuously maintained.
5.
Vegetation planted in accordance with an approved site plan shall be
maintained by the owner, any heir, or assign. Plants or trees that die or are
damaged shall be replaced and maintained.
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(b) Shared Areas. Usable outdoor recreation space shall be provided for the shared use of
residents and their guests in any apartment residential development as follows:
1.
Units with one or two bedrooms: 200 square feet of lawn per unit.
2.
Units with three or more bedrooms: 300 square feet of lawn per unit.
(c) Storage. Areas shall be provided in residential developments for the storage of articles
such as bicycles, barbecues, luggage, outdoor furniture, etc.
(d) Drainage. Surface drainage shall be contained on site.
(e)
Bicycle Parking. The development shall provide the number and type of bicycle
parking facility as required in Section 24(8) and 24(9) of this ordinance. The
location and design of bicycle parking facilities shall be shown on the site plan.
(f)
Internal Pedestrian Circulation. Internal pedestrian circulation shall be provided in
new office parks and commercial developments through the clustering of buildings,
construction of hard surface pedestrian walkway, and similar techniques.
Walkways shall connect building entrances to one another and from building
entrances to public street and existing or planned transit stops. On site walkways
shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle
connection on adjacent properties planned or used for commercial, multi-family,
institutional, or park use.
(g) Public Transit Orientation. New retail, office and institutional buildings on parcels
within 600 feet of existing or planned transit routes shall provide preferential access
to transit through the following measures:
1.
2.
Orienting building entrances to a transit facility; or
Locating buildings as close as possible to the transit route street.
(10) Performance Standards for Reduction in RM zone front yard setback. The Approval
Authority may grant a reduction of up to a maximum of ten feet in the required front yard setback
for parking and maneuvering based on the standards below. This setback reduction shall not apply
to buildings or structures.
(a) Protection of Natural Features. A reduction in the parking setback distance may be
granted when minimal disturbance will be made to important existing trees, rock
outcrops and native vegetation over the entire site. Tree protection means preserving the
root zone and existing canopy by International Society of Arborists Standards (available
at the City of Bend Planning Department counter). The amount of the reduction relates
to both the amount of protection and the importance of features on the site.
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Protection
10-10.23
Paving Setback Reduction
Protect 100% of the important natural vegetation
over the entire site
2'-0"
1'-6"
1'-0"
6"
(b) Exceeding the Minimum Planting Requirements. A reduction in the parking setback
distance may be granted if all required trees have a larger tree diameter than is
required. The landscape plan must specify the location, size and species of the trees.
Tree Diameter
All new trees planted have a diameter of at least 4"
All new trees planted have a diameter of at least 3½"
All new trees planted have a diameter of at least 3"
All new trees planted have a diameter of at least 2½"
(c)
2'-0"
1'-6"
1'-0"
6"
Planting buffer between street and parking. A reduction in the parking setback
distance may be granted when the site plan includes a dense planting buffer between
the street and parking area. The landscape plan must specify the location, size and
species of the trees. A clear site line from the driveway to the street must be
maintained.
Percentage of Visual Blockage
100% of the parking lot will be blocked by plantings in
the setback within 5 years of project completion
Size of Shrubs Planted in the Setback
100% of new shrubs planted in the setback area are
bought in 5 gallon containers
2'-0"
1'-6"
1'-0"
6"
2'-0"
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1'-6"
1'-0"
6"
(d) Height buffer between street and parking. A reduction in the parking setback distance
may be granted when the site plan includes a berm in the setback. A clear site line
from the driveway to the street must be maintained.
Berm in Setback
A 3'-0" high berm is provided in the setback area
2'-0"
1'-6"
1'-0"
6"
(e) Reduction in the Amount of Impervious Surface. A reduction in the parking setback
distance may be granted when it is shown that the percentage of impervious surfaces to
planting is reduced. Impervious surface refers to building footprint, patios, porches,
decks, walks and paving areas.
% of Impervious Surface to % of Planting
Impervious surface is 50% of lot area or less
2'-0"
1'-6"
1'-0"
6"
(f) Use of Open Pavers. A reduction in the parking setback distance may be granted when
open pavers are utilized for the paved area. These pavers must be able to retain all water
on-site without causing pooling and include a ground water filtering system.
Percent of Open Pavers Used
Open Pavers are used for 100% of the site paving
(11)
Duplex and Triplex Standards
2'-0"
1'-6"
1'-0"
6"
10-10.23
(a)
BEND CODE
10-10.23
There shall be a minimum of 15% landscaping of live plants. Natural landscaping
can count as part of the 15%. If existing trees are proposed to be used to meet the
landscaping requirements, the site plan shall show all trees that will be preserved and
these shall be protected during construction.
(b) Trees within the setbacks shall be maintained, whenever practical. The planner
reviewing the plan shall conduct a site visit with the developer to flag the trees on the
site that will be preserved.
(c)
All duplexes and triplexes shall plant street trees a maximum of 30 feet apart. The
minimum tree diameter shall be 1 ½ inches. Existing trees within the right-of-way or
front yard setback that are preserved may count as the required street trees.
(d) The side yard setbacks shall be a minimum of 5 feet on one side and the total of the two
side setbacks shall be a minimum of 15 feet for all structures up to 30 feet in height.
The front yard setbacks shall be what is required in the zone.
(e)
The rear setback shall be a minimum of 5 feet.
(f)
The applicant shall install lawn following this formula:
1 & 2 bedroom units: 200 square feet per unit
3 bedrooms +: 300 square feet per unit.
All lawn areas shall have underground irrigation.
(g) An exterior patio or deck may substitute for the lawn, but will not be counted as part of
the 15% landscaping. The deck substitution shall be one (1) foot of deck per two (2)
feet of lawn.
(h) Each unit shall provide a minimum 60 square foot enclosed area for storage of outdoor
equipment, lawn chairs, barbecues, bicycles, etc. This may be incorporated within
the building. These storage areas shall not be located within the setback areas.
(i)
Each unit shall provide an enclosure area for trash and recycling. The outdoor
storage area and trash area can be combined, provided there is adequate room for
both uses.
(j)
All drainage shall be maintained on the property. The site plan shall show the
direction of drainage on the site and a plan to maintain the drainage on the property,
landscaping, drain rock, berms, etc.
(k) Any buildings larger than 3600 square feet will require additional review by the Fire
Department and may require installation of additional fire hydrants or waterline
improvements.
10-10.23
BEND CODE
[Section 23(3)(4)(5) deleted by ORD. No. NS-1372 passed March 2, 1983]
[Section 23 (3) thru (9) added by ORD. No. NS-1372 passed March 2, 1983]
[Section 23(6)(g) thru (m) amended by ORD. No. NS-1592 passed June 2, 1993]
[Section 23(9)(e) thru (g) added by ORD. No. NS-1592 passed June 2, 1993]
[Section 23(10)(a) thru (f) added by ORD. No. NS-1616 passed June 1, 1994]
[Section 23 (3) amended by ORD. No. NS-1619 passed September 7, 1994]
[Section 23 (3) amended by ORD. No. NS-1651 passed February 7, 1996.]
[Section 23 (11) (j) - (k) added by ORD. No. NS-1651 passed February 7, 1996]
[Section 23 (9) amended by ORD. No. NS-1670 passed February 19, 1997]
10-10.23
10-10.23A
BEND CODE
10-10.23A
Section 23A. DESIGN REVIEW
(1)
Purpose. The purpose of this ordinance is to provide design standards for commercial
development within the Design Review Overlay Zone. These standards ensure that the public
health, safety and general welfare are protected and the general interest of the public is
served. The standards provide for originality, flexibility and innovation in site planning and
development, including architecture, landscaping, transit, parking design, signs and
enhancement of the special characteristics that make Bend a unique place to live.
(2)
Ordinance Provisions. Except as exempted by paragraph (3), the provisions of this ordinance
shall apply to the following activities within the Design Review Overlay Zone as indicated
on the City of Bend zoning ordinance map:
(a) All new building construction.
(b) Any exterior modifications to existing buildings.
(c)
All new parking lots.
(d) All outdoor storage and display areas.
(3)
(e)
All new signage.
(f)
All building expansions greater than 10,000 square feet.
Exemptions. This ordinance does not apply to the following activities:
(a)
Maintenance of the exterior of an existing structure such as re-painting, re-roofing or
re-siding where similar materials and colors are used or materials and colors are used
that comply with this Ordinance.
(b) Interior remodeling.
(c)
Reconstruction of buildings located on properties within the Design Review Overlay
Zone which have been destroyed or substantially damaged by fire or natural causes.
The building(s) shall be reconstructed on the same location as it existed prior to
damage or destruction. Reconstruction shall commence within one (1) year of the
damage or destruction.
(d) Building expansions not exceeding 25% of the gross square footage of the original
building and where the expansion does not exceed 10,000 square feet in area.
10-10.23A
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10-10.23A
(e)
Parking lot expansions not exceeding 25% of the gross square footage of the original
lot and where the total amount of parking provided will not exceed 150% of the
parking allowed by the Zoning Ordinance.
(f)
Buildings that are listed in the Inventory of Historic Sites within the Bend Area
General Plan, Exhibit “A”, or buildings designated on the Historic National
Landmarks Register.
(4)
Process. The review authority (the Development Services Director or Hearings Officer, if
the Director’s decision is appealed) shall approve, approve with conditions or deny an
application based upon compliance with the site plan criteria, design review standards,
conformance with the Bend Area General Plan and all City laws, rules and regulations.
Approval shall be obtained from the review authority prior to the issuance of a building
permit for all activities described in Paragraph (2) of this section.
(5)
Application Requirements. The applicant shall attend the City of Bend pre-application
meeting prior to filing an application for Design Review with the City. After attending the
pre-application meeting the applicant shall file an application for Design Review with the
City. This application may be filed in conjunction with other permits when the property is
subject to other land use action. The application shall be accompanied by pertinent materials
containing information as specified by the City. The application form lists the required
submittal information.
(6)
Standards for Approval. The review authority shall use the standards in this section and the
criteria for site plan review to ensure compliance with the purpose of Design Review.
(a) THE STANDARDS OF APPROVAL FOR BUILDINGS 30,000 GROSS
SQUARE FEET OR LESS, AND SITES LESS THAN 6 ACRES IN
SIZE ARE AS FOLLOWS:
(A) Natural Features
Buildings shall be sited to protect areas of special interest as defined in the
Bend Area General Plan. Other natural features such as natural grade, trees,
vegetation and rock outcroppings are encouraged to be incorporated into the
overall site plan and may be calculated as part of the landscaping requirement
if healthy and not damaged during construction.
(B) Building Location and Orientation
New buildings shall have at least one principal building entrance oriented
toward the primary frontage property line and comply with the transit
requirements of the State of Oregon Transportation Planning Rule.
(C) Pedestrian Walkways
10-10.23A
BEND CODE
(1.)
Walkways From the Sidewalk To Building Entrances.
10-10.23A
10-10.23A
BEND CODE
10-10.23A
A continuous pedestrian walkway shall be provided from the primary
frontage sidewalk for pedestrians to access building entrances. This internal
walkway shall incorporate a mix of landscaping, benches, drop-off bays and
bicycle facilities for at least 50% of the length of the walkway. This walkway
is necessary for persons who will access the site by walking, biking or transit.
Walkways shall be connected to adjacent sites wherever practicable.
(2.)
Walkways From Parking Areas To Building Entrances.
Internal pedestrian walkways shall be developed for persons who need access
to the building(s) from the parking pods. The walkways shall be located
within the pods and shall be designed to provide access from the pods to the
entrances of the building(s). The walkways shall be designed to separate
people from moving vehicles as much as possible. These walkways shall
have a minimum width of 5 feet with no car overhang or other obstruction.
The walkways must also be designed for disabled access according to the
Uniform Building Code. This may require the walkways to be widened or
modified. The walkways shall be distinguished from the parking and driving
areas by use of any of the following materials: special pavers, bricks, raised
elevation or scored concrete. Other materials may be used if they are
appropriate to the overall design of the site and building and acceptable to the
review authority.
(D) Mechanical Equipment and Service Areas
Mechanical equipment and service areas shall be screened with visual
barriers from adjacent properties, public roadways, parks, or other public
areas. The architectural design of the building shall incorporate design
features which screen, contain and conceal all heating, ventilation, air
conditioning units, trash enclosures, dumpsters, loading docks and service
yards.
(E) Building Design
(1.)
Exterior Building Design.
Buildings with exterior walls greater than 50 feet in horizontal length shall be
constructed using a combination of architectural features and a variety of
building materials and landscaping near the walls. Walls which can be
viewed from public streets shall be designed using architectural features and
landscaping (abutting the building) for at least 50% of the wall length. Other
walls shall incorporate architectural features and landscaping for at least 30%
of the wall length.
Architectural Features
10-10.23A
BEND CODE
10-10.23A
Architectural features include, but are not limited to the following: recesses,
projections, wall insets, arcades, window display areas, awnings, balconies,
window projections, landscape structures or other features that complement
the design intent of the structure and are acceptable to the review authority.
In addition, a portion of the on-site landscaping shall abut the walls so that
the vegetation combined with the architectural features significantly reduce
the visual impact of the building mass as viewed from the street. Additional
landscaping requirements are in Section 10-10.23 (9) of this Ordinance.
Building Materials
The predominant building materials should be materials that are
characteristic of Central Oregon such as brick, wood, native stone and
tinted/textured concrete masonry units and/or glass products. Other materials
such as smooth-faced concrete block, undecorated tilt-up concrete panels, or
pre-fabricated steel panels should only be used as accents and not dominate
the building exterior of the structure. Metal roofs may be allowed if
compatible with the overall architectural design of the building.
(2.)
Roof Design.
Roofs should be designed to reduce the apparent exterior mass of a building,
add visual interest and be appropriate to the architectural style of the
building. Variations within one architectural style are highly encouraged.
Visible roof lines and roofs that project over the exterior wall of a building
enough to cast a shadow on the ground are highly encouraged. Architectural
methods shall be used to conceal flat roof tops. Overhanging eaves, sloped
roofs and multiple roof elements are highly encouraged. Mansard style roofs
are discouraged.
(3.)
Customer Entrances.
Clearly defined, highly visible customer entrances using features such as
canopies, porticos, arcades, arches, wing walls, and integral planters are
highly encouraged.
(4.)
Community Amenities
Community amenities such as patio/seating areas, water features, art work or
sculpture, clock towers, pedestrian plazas with park benches or other features
located adjacent to the primary entrance to the building(s) are highly
encouraged and may be calculated as part of the landscaping requirement.
(F) Building and Sign Colors
10-10.23A
BEND CODE
10-10.23A
Exterior colors shall be of low reflectance, subtle, neutral or earth tone
colors. The use of high intensity colors such as black, neon, metallic or
florescent for the facade and/or roof of the building are prohibited except as
approved for building trim. The City of Bend color guide provides samples
of approved and prohibited colors. The use of trademark colors will require
approval.
(G) Lighting and Flag Poles
The lighting shall be shielded and directed down onto the site and not shine
or glare onto adjacent property or streets. Light poles and/or fixtures and flag
poles shall not exceed 25 feet in height.
(H) Signage
A comprehensive signage plan shall be required pursuant to the City of Bend
Sign Code except that pole signs are prohibited. Ground mounted signs shall
not exceed 10 feet in height and 8 feet in width. Wider signs may be allowed
provided the total area of the sign does not exceed 80 square feet. All sign
bases shall be constructed of materials compatible with the architecture of the
building(s) located on the premises. White, ivory and yellow backgrounds of
internally illuminated signs shall not exceed 20% of the total sign area,
including reader boards.
(b)
THE STANDARDS OF APPROVAL FOR BUILDINGS GREATER
THAN 30,000 GROSS SQUARE FEET AND/OR SITES 6 ACRES
OR LARGER ARE AS FOLLOWS:
(A) Natural Features
Buildings shall be sited to protect areas of special interest as defined in the
Bend Area General Plan. Other natural features such as natural grade, trees,
vegetation and rock outcroppings are encouraged to be incorporated into the
overall site plan and may be calculated as part of the landscaping requirement
if healthy and not damaged during construction.
(B) Building Location and Orientation
New buildings shall have at least one principal building entrance oriented
toward the primary frontage property line and comply with the transit
requirements of the State of Oregon Transportation Planning Rule.
(C) Pedestrian Walkways
(1.)
Walkways From the Sidewalk To Building Entrances.
A continuous pedestrian walkway shall be provided from the primary
frontage sidewalk for pedestrians to access building entrances.This internal
walkway shall incorporate a mix of landscaping, benches, drop-off bays and
10-10.23A
BEND CODE
10-10.23A
bicycle facilities for at least 50% of the length of the walkway. This walkway
is necessary for persons who will access the site by walking, biking or transit.
Walkways shall be connected to adjacent sites wherever practicable.
10-10.23A
BEND CODE
(2.)
10-10.23A
Walkways From Parking Areas To Building Entrances.
Internal pedestrian walkways shall be developed for persons who need access
to the building(s) from the parking pods. The walkways shall be located
within the pods and shall be designed to provide access from the pods to the
entrances of the building(s). The walkways shall be designed to separate
people from moving vehicles as much as possible. These walkways shall
have a minimum width of 5 feet with no car overhang or other obstruction.
The walkways must also be designed for disabled access according to the
Uniform Building Code.This may require the walkways to be widened or
modified. The walkways shall be distinguished from the parking and driving
areas by use of any of the following materials: special pavers, bricks, raised
elevation or scored concrete. Other materials may be used if they are
appropriate to the overall design of the site and building and acceptable to the
review authority.
(D) Mechanical Equipment and Service Areas
Mechanical equipment and service areas shall be screened with visual
barriers from adjacent properties, public roadways, parks, or other public
areas. The architectural design of the building shall incorporate design
features which screen, contain and conceal all heating, ventilation, air
conditioning units, trash enclosures, dumpsters, loading docks and service
yards.
(E) Building Design
(1.)
Exterior Building Design
Buildings with exterior walls greater than 50 feet in horizontal length shall be
constructed using a combination of architectural features and a variety of
building materials and landscaping near the walls. Walls which can be
viewed from public streets shall be designed using architectural features and
landscaping (abutting the building) for at least 50% of the wall length. Other
walls shall incorporate architectural features and landscaping for at least 30%
of the wall length.
Architectural Features
Architectural features include, but are not limited to the following: recesses,
projections, wall insets, arcades, window display areas, awnings, balconies,
window projections, landscape structures or other features that complement
the design intent of the structure and are acceptable to the review authority.
10-10.23A
BEND CODE
10-10.23A
A portion of the on-site landscaping shall abut the walls so that the
vegetation combined with the architectural features significantly reduce the
visual impact of the building mass as viewed from the street. Additional
landscaping requirements are in Section 10-10.23 (9) of this Ordinance.
(2.)
Building Materials
The predominant building materials shall be materials that are characteristic
of Central Oregon such as brick, wood, native stone and tinted/textured
concrete masonry units and/or glass products. Other materials such as
smooth-faced concrete block, undecorated tilt-up concrete panels, or prefabricated steel panels should only be used as accents and not dominate the
building exterior of the structure. Metal roofs may be allowed if compatible
with the overall architectural design of the building.
(3.)
Roof Design
Roofs shall be designed to reduce the apparent exterior mass of a building,
add visual interest and be appropriate to the architectural style of the
building. Variations within one architectural style are highly encouraged.
Visible roof lines and roofs that project over the exterior wall of a building
enough to cast a shadow on the ground are highly encouraged. Architectural
methods shall be used to conceal flat roof tops. Overhanging eaves, sloped
roofs and multiple roof elements are highly encouraged. Mansard style roofs
are discouraged.
(4.)
Customer Entrance
Each building shall have at least one clearly defined, highly visible customer
entrance using a combination of the following architectural features:
canopies, porticos, arcades, arches, wing walls, and permanent above grade
integral planters.
(5.)
Community Amenities
Each building shall contribute to the establishment or enhancement of the
community and public spaces by providing at least two community amenities
such as a patio/seating area, water feature, art work or sculpture, clock tower,
pedestrian plaza with park benches or other features acceptable to the review
authority. These shall abut the primary entrance to the building.
(F) Building and Sign Colors
Exterior colors shall be of low reflectance, subtle, neutral or earth tone
colors. The use of high intensity colors such as black, neon, metallic or
florescent colors for the facade and/or roof of the building are prohibited
except as approved for building trim. The City of Bend color guide provides
samples of approved and prohibited colors. The use of trademark colors will
require approval.
10-10.23A
BEND CODE
(G) Lighting and Flag Poles
10-10.23A
10-10.23A
BEND CODE
10-10.23A
The lighting shall be shielded and directed down onto the site and not shine
or glare onto adjacent property or streets. Light poles, light fixtures and flag
poles shall not exceed 25 feet in height.
(H) Signage
A comprehensive signage plan shall be required pursuant to the City of Bend
Sign Code except that pole signs are prohibited. Ground mounted signs shall
not exceed 15 feet in height and 8 feet in width. Wider signs may be allowed
provided that the total sign area does not exceed 120 square feet. All sign
bases shall be constructed of materials compatible with the architecture of
building(s) located on the premises. White, ivory and yellow backgrounds of
internally illuminated signs shall not exceed 20% of the total sign area
including reader boards.
(8)
Exceptions. The review authority is authorized to grant exceptions from the setbacks,
height, landscaping, parking and lot coverage standards if it can be determined that:
(a)
The exception is the minimum needed to achieve the purpose and objectives of this
Ordinance;
(b) The exception does not adversely impact an adjacent building or property or create any
unsafe pedestrian or vehicular situation; and
(c)
The exception is necessary to create a more aesthetic or pleasing vista along the
streets within the Design Review Overlay zone.
(9)
Compliance with Plans. Construction, site development and landscaping shall comply with
the approved plans, drawings, sketches and other documents approved by the review
authority.
(10)
Modifications. If a change is proposed to the approved plan, a modification to the original
decision must be requested of the review authority. Proposed changes shall be submitted in
writing to the City of Bend for approval.
(11)
Interpretation. Where conditions imposed by the provisions of this Ordinance are less
restrictive than comparable conditions imposed by any other provisions which are more
restrictive, the more restrictive shall govern.
[Section 23A added by Ordinance No. NS-1670 adopted February 19, 1997]
10-10.23B
BEND CODE
10-10.23B
Section 23B. Outdoor Lighting Ordinance for New Fixtures
(1)
Intent. It is the intent of this ordinance to allow citizens, businesses, and public agencies
in Bend to illuminate residential, commercial, industrial, public areas, roadways and
walkways with lighting fixtures appropriate to the need while using such illumination in
a way that preserves urban vistas and is directed onto and is
confined to the property from which it is generated.
(2)
Outdoor Lighting Fixtures Subject to this Ordinance. Light fixtures subject to the
standards in Section (3) of this ordinance are outdoor artificial illuminating devices,
outdoor fixtures, lamps and other similar devices, permanently installed or portable, used
for flood lighting, general illumination or advertisement. Such devices shall include,
but are not limited to, lights for:
(3)
(a)
Buildings and structures;
(b)
Recreational areas;
(c)
Parking lot and maneuvering areas;
(d)
Landscape areas;
(e)
Streets and street signs;
(f)
Product display area;
(g)
Building overhangs and open canopies;
(h)
Holiday celebrations;
(i)
Construction Lights;
Standards for installation and operation of outdoor lighting. Except as exempt by Section
(4) of this ordinance, new outdoor lighting fixtures installed after [February 18, 2004]
shall be subject to the standards below. No provision of this ordinance is intended to preempt the City of Bend Sign Code or applicable state codes.
(a)
All outdoor lighting fixtures subject to this Ordinance shall be designed as a full cutoff fixture or have a shielding method to direct light emissions down onto the site and
not shine direct illumination or glare onto adjacent properties.
(b)
All lighting for roadways, roadway signs, intersections, and pedestrian ways shall be
designed or have an opaque shielding method to direct light emissions downward and
below the horizontal plane of the fixture in the permanently installed position.
10-10.23B
(4)
BEND CODE
10-10.23B
(c)
The use of laser source light or any similar high intensity light for outdoor advertising
or entertainment is prohibited.
(d)
The operation of searchlights for advertising or promotional purposes is prohibited.
(e)
Outdoor lights at designated Historic Sites or within Historic Neighborhoods that are
consistent with the architectural style or era of the building or property shall be
consistent with the provisions of this ordinance.
(f)
Businesses and institutions with outdoor lighting, such as parking lot lights, building
lights, landscaping lights and other similar exterior lighting features, are encouraged
to extinguish such lights at the end of the working day, except for lights necessary for
personal and building safety.
(g)
All outdoor lighting used for public or private sports stadiums, sports areas,
recreation facilities, outdoor performance areas and other similar outdoor facilities
shall be extinguished within an hour after conclusion of the final event of the day,
except as exempted herein.
(h)
Externally affixed neon lighting is prohibited except in the following manner: As a
trim element that surrounds windows, doors, or building edges; when located on
building facades that face street frontages or internal driveways within commercial
shopping complexes; such lighting shall not be located more than 15 feet from
finished grade and shall not be used to define a building roof-line; and, such lighting
shall not include flashing, intermittent or rotating lights. Notwithstanding the
provisions of this section, all neon lighting associated with signs shall be in
accordance with the provisions of the City of Bend Sign Code.
Exemptions. The following light fixtures or uses are exempt from complying with the
outdoor lighting standards of this ordinance. These exemptions shall not prevent the city
from adoption of later ordinances that may address the retrofitting or removal of outdoor
lighting fixtures.
(a)
All outdoor light fixtures lawfully installed and operating prior to the effective date of
this ordinance, and not prohibited by this ordinance. This exemption shall not apply
if an existing light fixture is replaced. The addition of supplementary shielding and/or
re-aiming of existing fixtures that shine direct illumination or visible glare beyond the
property line where the fixture is installed are encouraged to help improve safety and
quality of life in Bend.
(b)
Residential decorative lighting and low wattage lighting used for yards and driveways
that do not shine glare, emit direct illumination, or cast a shadow onto adjacent
property.
10-10.23B
BEND CODE
10-10.23B
(c)
Commercial and industrial low wattage lighting used to highlight driveways and
landscaping, or applied to a building providing they are properly aimed and shielded
to not shine visible glare into the public right of way or onto adjacent or nearby
properties.
(d)
Up-lighting intended to highlight part of a building or landscaping provided that the
light distribution from the fixture is effectively contained by an overhanging
architectural element or landscaping element and do not shine beyond the intended
target including into the night sky. Such containment elements may include but are
not limited to awnings, dense shrubs or year-round dense evergreen tree canopies
which will contain or limit illumination of the sky.
(e)
Correctional Institutions. Exterior lighting for County correctional institutions
shall be shielded high-intensity discharge lighting except at the immediate entry
area, in which case other lighting may be used that conforms to the intent of this
ordinance.
(f)
Low wattage lights used for holiday decorations for no more than 60 days are exempt
from the requirements of this ordinance
(g)
Carnivals and Fairs that require the use of temporary outdoor lighting fixtures are
exempt except that permanent installations at dedicated sites must conform to the
requirements of this ordinance.
(h)
U.S. flags displayed by top mounted lighting only. The illumination of all flags other
than the U.S. flag shall be extinguished at the end of public business hours or by
10:00 PM which ever is later.
(i)
Temporary lighting for television or movie film productions, roadway or utility
construction or building construction not to exceed 60 days in any one vicinity.
Permanent installations at dedicated sites must conform to the requirements of this
ordinance.
(j)
The operation of outdoor lighting used for public or private sports stadiums, sports
areas, recreation facilities, outdoor performance areas and other similar outdoor
facilities later than the conclusion of the final event of the day when maintenance
such as field grooming, irrigation, cleaning and other similar maintenance activities
are required in order to have the facility ready for operation the following morning.
Lights during after-events maintenance shall be kept at the minimum level
practicable.
(k)
All outdoor light fixtures used to highlight art features within a traffic circle or roundabout providing they are properly aimed and shielded to not shine visible glare into
the public right of way or onto adjacent or nearby properties.
10-10.23B
BEND CODE
10-10.23B
(5)
Violations and penalties. For any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve or convert any lighting fixture, or cause the same to be done,
contrary to or in violation of any provision of this ordinance shall constitute a Class C
Civil Infraction and is subject to abatement under the nuisance provisions of Section
5.400 through 5.425 of the Bend Code. Each day a lighting fixture is in violation of this
ordinance shall constitute a separate violation.
(6)
Definitions. The following definitions apply to terms in this ordinance.
(a)
End of business hours or End of business. “End of business hours or end of business”
means (a) the end of normal or posted business hours when a business or institution is
no longer open to serve customers or clients, and (b) the end of a shift or normal work
hours when the majority of employees are gone from the business or institution.
(b)
Full Cut-off. “Full Cut-off” means a light fixture designed and constructed so that
light is directed down and no light is projected above the horizontal plane. [See
illustrations below]
(c) Glare. “Glare” means stray, unshielded light striking the eye that may result in (a)
nuisance or annoyance such as light shining into a window; (b) discomfort causing
squinting of the eyes; (c) disabling vision by reducing the ability of the eyes to see
into shadows; or (d) reduction of visual performance.
(d)
High intensity discharge lighting. “High intensity discharge lamp lighting" means
high-pressure sodium, mercury vapor, metal halide, low-pressure sodium, induction,
sulfur, xenon, and other similar lamps.
(e)
Installed. "Installed" means initial installation of outdoor lighting fixtures, poles,
electrical wiring, and related mounting equipment following the effective date of this
ordinance. Projects with approved construction plans prior to effective date of this
ordinance are excluded from compliance with the ordinance in the initial installation
only.
10-10.23B
BEND CODE
10-10.23B
(f)
Low Wattage lights. “Low Wattage Lights” means 12-volt direct current lights or
individual lamps less than 0.25 watts each strung together within a translucent or
transparent plastic cover.
(g)
Replacement. “Replacement” means the installation of a new lighting fixture in place of
an existing fixture, and/or the installation of a new lighting housing or head to an
existing pole, bracket or wall, tree, or other structure. Replacement does not mean the
changing of light bulbs or lamps in a fixture for the same or lower wattage bulbs.
(h)
Safety / security. “Safety” means (a) sufficient lighting at building entrances, exits,
walkways and parking areas to allow customers and employees to see any physical
barriers and to be seen at all times as they access to vehicles and sidewalks, and (b)
the use of full cut-off light fixtures above doors, at fire service stanchions, loading
areas, and similar building access points.
(i)
Shielding. "Shielding" means an externally applied device such as a shroud or hood
of metal, wood, opaque plastic or opaque painted glass so that light emitted by the
fixture is directed downward below the horizontal plane onto the site and does not
shine direct illumination or glare onto adjacent or nearby property.
(j)
Unshielded. "Unshielded" means light fixtures lacking any
means to restrict the emitted light to below the horizontal plane or to shine or glare
onto adjacent or nearby property.
(k)
Up-lighting. “Up lighting” means a shielded light fixture usually installed on the ground
or permanently mounted to an architectural element, tree, or other structure that has the
light from the fixture directed in a contained distribution pattern above the horizontal
plane to illuminate an adjacent or nearby building element, shrub, tree or other
landscaping.
[Section 10.10.23B added by Ord. NS-1910, passed February 18, 2004]
10-10.23C
BEND CODE
10-10.23C
Section 23C. Development and Design Standards for the CB Zone
(1)
Purpose. In an effort to protect and enhance the downtown core area of Bend, the City
Council has adopted of a special set of development and design standards. Development and
design standards shall apply to all areas within the Central Business Zone (CB Zone) of
downtown. The development and design standards shall apply to the area shown on the map
below and apply to buildings and lots that are expected to be developed or redeveloped in the
near future. The development and design standards for the CB Zone (Section 23C of the
Bend Code) build upon the development standards in Section 18 of the Bend Code.
Major advantages of the development and design standards include:
•
•
•
•
•
Ensuring that future development is consistent with the CB Zone’s existing
pedestrian-oriented scale of buildings.
Strengthening the downtown area as the heart of the community, and as the place for
people and business.
Improving downtown’s economic base, while expanding it to meet future
opportunities.
Enhancing the physical appearance of downtown through high-quality design.
Garnering consensus for a shared vision among various interests in deciding how
downtown shall be preserved and enhanced through refined design standards.
Bend Central Business (CB) Zone
10-10.23C
(2)
BEND CODE
10-10.23C
Exempt Development. No land use permit pursuant to this code is required for exempt
development. Exempt Developments include:
(a)
(b)
(c)
(d)
(e)
Landscaping or landscape alterations.
Repair or maintenance of public or private buildings, structures, landscaping, roads
and/or utilities that present a risk to public safety. Maintenance of the exterior of an
existing structure such as re-painting, re-roofing, or re-siding where similar materials
and colors are used are also exempt.
Construction of a structure that does not require a building permit.
Interior remodeling.
Temporary structures and uses which are for relief of victims of disaster or an
emergency.
(3)
Non-exempt Development. Any development in the CB Zone that does not qualify as
exempt development shall meet the development standards in Section 18 of the City of Bend
Code and the development and design standards in Section 23C of the City of Bend Code.
(4)
Application Process. Planning Staff or the Planning Commission (as described below) shall
approve, approve with conditions, or deny an application based upon compliance with the
development and design standards. Approval shall be obtained from the review authority
prior to the issuance of a building permit for all non-exempt development. Non-exempt
development in the CB Zone has two tracks for obtaining development permits. In both
permitting tracks, the development standards must be met before proceeding to the design
standards. Applicants shall use the City of Bend’s Design and Development Handbook for
the CB Zone to determine which of the two tracks they will pursue.
(a)
Track 1 – Administrative Review of Compliance with Design Standards. Track 1
requires applicants to meet objective development and design standards. Design
standards are quantifiable and measurable, and can be administered as part of the
plan-review process. These applications are reviewed administratively by City of
Bend Planning Staff, which reduces the amount of time that it takes to get the project
reviewed. Track 1 provides an efficient time saving alternative to Track 2.
(b)
Track 2 – CB Zone Design Review of Compliance with Design Guidelines. Track 2
similarly requires applicants to meet objective development standards, but deviates
from requiring some or all of the design standards. In this case, applicants are
subject to the design review process, which will be conducted by the City of Bend
Planning Commission. During design review, the Planning Commission will
determine whether an application meets the design guidelines. Unlike design
standards, design guidelines are discretionary. In Track 2, the Intent Statements
serve as the criteria for determining if the “intent” of the design standard is being
met. In Track 2, applicants are required to identify how their proposed site/building
plan meets the intent statements of the design standards, and why specific objective
standards can not be met.
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BEND CODE
10-10.23C
(5)
Application Requirements. The applicant shall attend the City of Bend pre-application
meeting to determine if the proposed development is “exempt” or “non-exempt” from the
development and design standards. If the development is “non-exempt,” the applicant shall
file an application for CB Zone Design Review with the City. This application may be filed
in conjunction with other permits when the property is subject to other land use action. The
application shall be accompanied by pertinent materials containing information as specified
by the City. The application form lists the required submittal information.
(6)
Approval Process. As to Track 1 applications, the City of Bend Planning Staff shall use the
standards in this section to ensure compliance with the development and design standards.
As to Track 2 applications, the City of Bend Planning Commission shall use the intent
statements in this section to ensure compliance with the development and design guidelines.
(7)
Development Standards. The development standards for the CB Zone help ensure that new
projects in the CB Zone will be compatible with the desired scale and character of
Downtown Bend. The development standards shall be met before proceeding to the design
standards.
(a)
Minimum Floor Area Ratio (FAR). The minimum FAR shall be 2-to-1.
(b)
Maximum Building Height. No building or structure shall be hereafter erected,
enlarged or structurally altered to exceed the height regulations listed below without
a Conditional Use Permit.
The maximum allowable building height limit in the CB Zone shall be as follows:
•
On CB Zone properties west of Brooks Street, the maximum allowable building
height limit shall be 35 feet. No Conditional Use Permits to exceed the height
limit shall be allowed in this area.
•
On CB Zone properties east of Brooks Street and west of the alley between Wall
and Bond Streets, the maximum allowable building height limit shall be 45 feet.
•
On CB Zone properties east of the alley between Wall and Bond Streets and west
of Bond Street, the maximum allowable building height limit shall be 55 feet.
Where portions of a building are higher than 45 feet, 60 percent of the streetfacing facades higher than 45 feet must be set back 1 foot from the street-facing
property line for every 1 foot that the building exceeds 45 feet in height, with a
minimum setback of 5 feet and a maximum setback of 20 feet. The required
setback may be reduced by one foot for each foot below the 45-foot height level
that the setback begins. E.g., for a building that begins its setback at the 35-foot
height level (10 feet below what is required) the required setback can be reduced
by 10 feet.
10-10.23C
BEND CODE
10-10.23C
•
On CB Zone properties east of Bond Street and west of the alley between Bond
Street and Lava Road, the maximum allowable building height limit shall be 70
feet. Where portions of a building are higher than 45 feet, 60 percent of the
street-facing facades higher than 45 feet must be set back 1 foot from the streetfacing property line for every 1 foot that the building exceeds 45 feet in height,
with a minimum setback of 5 feet and a maximum setback of 20 feet. The
required setback may be reduced by one foot for each foot below the 45-foot
height level that the setback begins. E.g., for a building that begins its setback at
the 35-foot height level (10 feet below what is required) the required setback can
be reduced by 10 feet.
•
On CB Zone properties east of the alley between Bond Street and Lava Road, the
maximum allowable building height limit shall be 70 feet..
(c)
Minimum Building Setback. There is no minimum building setback from the
property line facing the street.
(d)
Maximum Building Setback. The maximum building setback of the ground floor
from the property line facing the street is 10 feet. At least 50 percent of the length of
the ground level, street-facing façade of buildings must be on the property line. If
the site has two or more street frontages, this standard applies to both frontages.
Buildings that set back from the property line and face a Residential Zone can choose
to develop the setback with low shrubs and/or ground cover. Buildings that set back
from the property line and face a Commercial Zone must incorporate a hardscape and
be ADA Accessible. Plantings in the commercial-fronting setback must be in
planters. All plantings must be drought tolerant and not be classified as a nuisance
plant.
(e)
Ground Floor Windows. Ground floor windows must be at least 50 percent of the
building length and 60 percent of the street-facing ground floor wall area. Ground
floor wall area includes all wall areas up to 10 feet above finished grade. If the site
has two or more frontages, the Ground Floor Window Standard is only required on
the primary façade – the façade that fronts the street with the higher City of Bend
Street Classification. The other façade has a minimum requirement of 50 percent of
the length and 25 percent of the ground floor wall area. Windows are required to be
transparent to foster both a physical and visual connection between activities in the
building and pedestrian activities on the street.
(f)
Main Entrance. The main entrance to a building shall face the street or be on the
corner.
(g)
ADA Accessibility Guidelines (ADAAG). All public areas must comply with all
ADAAG Standards and be ADA accessible (ADAAG Standards 4.4.1, 4.4.2, 4.5,
4.7, and 4.8). Creation of an attractive street life and sense of place for all Bend’s
residents and visitors includes:
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BEND CODE
•
•
•
•
(8)
10-10.23C
Making accessible sidewalks and pathways.
Ensuring sidewalks and pathways are clear of objects.
Eliminating projecting elements.
Ensuring that spaces in the public realm are covered and protected from
inclement weather.
Design Standards. The design standards for the CB Zone help guide the development and
redevelopment of properties within the CB Zone. They are intended to implement the
community goals and objectives in the Bend Area General Plan by providing a framework
for how Downtown Bend should ultimately look function, and feel.
(a)
Existing Edge Conditions.
Intent: Encourage the development of a cohesive, exciting and vibrant street life.
Approach: All street-facing elevations must have front doors that face the street and
meet at least one of the following options:
•
•
•
•
Courtyard/Plaza Option. Embellish the pedestrian zone by creating ADA
accessible courtyards/plazas as extension of the sidewalk (the public realm).
Incorporate pedestrian amenities such as street trees, outdoor seating, display
areas, public art, human-scaled lighting and decorative pavers.
Street Edge Option. Orient the primary entrance to the building along the
street-facing property line, fostering a continuous and cohesive edge and defining
inside from outside.
Recessed Entry Option. Create/enhance semi-public transition areas between
the sidewalk (public realm) and the recessed entry door (private realm). Define
this area with lighting that draws attention to ground floor window displays,
signage and the building’s architectural details. Supplement the lighting with
special paving treatments that emphasize the entry (tile, etched concrete and/or
brick). Asphalt is prohibited.
Arcade Option. Design an arcade that meets the following requirements:
- The columns and piers (that support the building above) are 6 to 10 feet deep
between the front property line and the parallel building wall.
- The columns and piers consist of openings that are a minimum of 6 feet wide.
- The columns and piers are a minimum of 18 inches from the property line
(measured to the center of the column or pier).
- The columns and piers are equally spaced and extend the entire length of the
opening.
- The building façade directly behind the arcade meets the ground floor
window development standard.
- The arcade elevation facing the street is a minimum of 10 feet in height and
covered by the building.
10-10.23C
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10-10.23C
Note: Spacing between columns and/or posts along building elevations less than 30
feet in length shall not exceed 10 feet. Spacing between columns and/or posts along
building elevations greater than 50 feet in length shall not exceed spacing of 20 feet.
Note: The arcade option meets the ground floor window standard provided that the
ground floor building façade behind the arcade meets the 50 percent length and 60
percent wall glazing requirement.
Note: Buildings with two or more frontages are only required to meet the arcade
option along one street façade. However, if the arcade is proposed on both street
frontages, the minimum spacing for openings is required along the entire opening.
(b)
Human Scale.
Intent: Building façades must be designed in a manner that is aesthetically
appealing, comfortable to pedestrians, and compatible with the character of the
surrounding built environment as a way of emphasizing human scale.
Approach: Provide visual interest for pedestrians by incorporating building details at
the ground floor that relate to the surrounding built environment, and are at a human
scale. This is to be accomplished by meeting two or more of the following options:
•
•
•
•
Incorporating building lighting between 10 and 15 feet from the sidewalk to
the bottom of the light fixture.
Incorporating suspended signs (blade signs) between 8 and 12 feet from the
sidewalk to the bottom of the suspended sign.
Incorporating horizontal and vertical elements at the ground floor/the base of
the building that are familiar to pedestrians and are at human scale: sign frieze,
storefront cornice, window mullions, piers that frame storefronts, engaged
columns, arcades, brick coursings, awnings, and well-lit transoms.
Incorporating a rhythm of awnings and/or canopies between 10 and 15 feet
from the sidewalk to the bottom of the awning/canopy.
Note: Pedestrian-oriented lighting is required between structural bays; lighting must
follow a consistent spacing pattern.
(c)
Physical, Visual and Experiential Connections.
Intent: Create delight and wonder by incorporating interesting features into a
building/site. Emphasize the role that physical, visual and experiential connections
give to creating meaningful places.
Approach: Embellish the buildings with two or more of the following elements:
10-10.23C
BEND CODE
•
10-10.23C
A variety of building materials (stone, brick, concrete, wood, metal, and
glass).
Note: Use of colors that are contextual to Bend and the larger Pacific Northwest
landscape serve to embellish the building and the public realm.
Note: Traditional, Central Business zones, like Bend’s CB Zone, often consist of tripart buildings where the base, middle and top of the building are defined by color,
texture and materials.
•
•
Architectural elements such as cornices, arcades, porticos, and transom
windows.
Tri-part buildings facades that emphasize a clear base, middle and top.
Note: Traditional style storefront buildings typically include an uninterrupted band
commonly referred to as a bulkhead, kickplate (doors), window base or a base panel,
around the base of the building. This band is approximately 16 inches above the
sidewalk and serves to “anchor” the building to the site. This band is most often
constructed of wood, concrete, brick, stone or metal. Using tape or paint for the
bulkhead is prohibited.
Note: Display windows in traditional storefront buildings are typically terminated in
the base band or bulkhead. The bulkhead, window frame and windowsill hold the
window and help to further accentuate relief in the building façade. The top of the
storefront is architecturally capped by horizontal elements, including sign bands,
storefront cornices and transoms. These features serve as a transition device from
the base of the building to the middle of the building.
(d)
Cohesive Elements.
Intent: Incorporate cohesive and repetitive elements into the building as a means of
enhancing the pedestrian realm and giving meaning to the building.
Approach: Incorporate three or more of the following repetitive building elements:
•
•
•
•
•
•
Building lighting
Columns, engaged columns/pilasters and arcades
Suspended signs (blade signs)
Canopies and/or awnings
Transoms
Balconies
Note: Architects and designers are encouraged to think creatively above and beyond
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10-10.23C
the ground floor window requirements specified in the design standards. Besides
implementing cohesive elements, architects and designers should consider the
interplay of shadows and light, and vertical and horizontal “architectural features” on
neighboring buildings.
(e)
Integrate Building Parapets and Rooftops.
Intent: Treat the top of the building, the point where the edifice meets the sky, as
part of the larger façade composition and, where possible, accentuate the
ornamentation found on existing traditional CB Zone buildings. Fully screen all roof
top mechanical equipment from the adjacent sidewalk.
Approach: Create visual interest at the top of the building by incorporating one of
the following options:
•
•
Integrating elements at the roofline such as detailed eaves, projected cornices
and articulated parapets.
Incorporating rooftop forms, other than flat roofs, that add visual interest to
the façade.
Note: Sloped roof heights from eave to peak should not exceed the height from
grade to the eave (the roof should not be taller than the building wall supporting the
roof).
•
Designing roof top gardens for the purpose of managing stormwater run-off
into Bend’s rivers and streams and/or as a place for people to gather.
Note: Screening for roof top mechanical equipment is to be opaque and a minimum
of 1 foot higher than the highest point on the equipment. Roof top equipment is
required to be set back from the parapet or building edge a minimum of 10 feet.
Screened mechanical equipment is exempt from the height requirement.
(f)
Weather Protection Projections.
Intent: Weather protection shall be provided along buildings adjacent to pedestrian
walkways.
Approach: Provide weather protection for pedestrians along 50 percent of the
ground floor façade that is required to be on the property line and at all street-facing
entrances.
Note: Awnings, marquees, balconies, overhangs, umbrellas, fabric tensile structures,
building appendages, or other weather protection projections are required to extend 5
feet over the sidewalk.
10-10.23C
(g)
BEND CODE
10-10.23C
Reinforce the Corner.
Intent: Create dynamic public gathering spaces where streets intersect by
embellishing the corner of the building.
Approach: Incorporate one or more of the following elements:
•
•
•
Place the highest and/or the most visible part of the building within 25 feet of
the corner. Use architectural features such as cupolas, turrets, and hipped or
pitched roofs to add prominence to the corner location.
Locate the main/primary entry to the building within 25 feet of the corner or
at the corner itself.
Emphasize the corners of the building as a gathering place by extending
paving materials that front the building to the property line.
Note: The following elements typically define the corner entry: round or chamfered
corners with double doors, doors with large amounts of glass, awnings/canopies and
more defined vertical elements (columns).
(h)
Pedestrian-oriented Ground Floor.
Intent: Ensure that the ground floor of the primary street façade is distinguished
from the upper floors and that there is the sense of interaction between activities in
the building and activities on the sidewalk. Create storefronts and entries that are
visible (transparent) and easily accessible from the street.
Approach: Emphasize the importance of the ground floor, especially the primary
street-facing entry, by incorporating three or more of the following elements:
•
•
•
•
•
•
•
Extra-height entry lobby space
Continuous well-lit transom windows
Enhanced distinctive doorway treatments
Decorative lighting
Projecting or recessing the entry bays
Incorporating artwork into the façade that is visible to pedestrians on the
sidewalk
Incorporating unified paving materials, textures, and color
Note: Paving material in recessed entries/vestibules should help emphasize the
transition from the sidewalk to the building.
(i)
Alley Façade Treatment.
Intent: Design alley facades that share a corner with street-facing façades to be
10-10.23C
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10-10.23C
inviting and safe for pedestrians.
Approach: Incorporate the following façade elements:
•
•
Wrap the required street facing fenestration into the alley a minimum of 10
feet.
Add exterior lighting along the entire length of the alley-facing façade to
enhance visibility and safety.
Note: Windows facing the alley must be transparent to ensure that the alley is
monitored by people inside the building (“eyes on the street”).
(j)
Urban Materials.
Intent: Ensure that building materials are compatible with well-designed
surrounding buildings and where possible, embrace the natural features (geology) of
the region.
Approach: Incorporate one or more of the following elements:
•
•
•
•
(9)
At the ground floor, use materials that give the base of the building a sense of
permanence with the use of: brick, metal, terra cotta, stone, concrete, block, or
stucco.
Clearly distinguish the ground floor from the upper floors by implementing
strong horizontal elements such as a frieze or a cornice, and/or changing
materials and/or arranging the upper windows, which are different in size than
the storefront windows, in a consistent and rhythmic pattern.
Ensure that the design of the upper floors is cohesive with that of the ground
floor through the extension of actual guidelines (brick, expansion joints, and
downspouts) and implied guidelines (cornices, transoms, balconies, and window
mullions).
Do not use materials that appear synthetic and are not compatible with
materials (materials that are indigenous to the region) found on many of Bend’s
existing buildings. Undesirable materials and treatments include: mirrored glass,
vinyl siding, cementitious siding, false-brick veneer and synthetic stucco.
Purpose Statements.
(a)
Floor Area Ratios. Floor Area Ratios (FARs) regulate the amount of use (the
intensity) allowed on a site. FARs also work with the height, setback, and building
coverage standards to control the overall bulk of development. FARs are calculated
by dividing the building floor area by the lot size.
(b)
Ground Floor Windows. In the CB Zone, ground floor street-facing windows are
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10-10.23C
intended to:
•
•
•
•
Provide a pleasant, rich, and diverse pedestrian experience by connecting
activities occurring within a structure to adjacent sidewalk areas.
Encourage continuity of retail and service uses.
Create an exciting pedestrian environment.
Create a visual dialogue between activities in the building and activities on
the sidewalk.
Note: Windows must be at least 50 percent of the length and 60 percent of the
ground level wall area. Ground level wall areas include all exterior wall areas up to
10 feet above the finished grade.
(c)
Height. Height limits are intended to control the overall scale of buildings. The
maximum building height within the CB Zone emphasizes pedestrians and a mix of
uses. Exceptions to maximum height:
•
Projection allowed. Projections and architectural elements that do not add
habitable interior floor area to a building, such as chimneys, spires, steeples,
clock towers, skylights, atriums, elevator shaft housings, stair enclosures,
trellises, railings, flag poles, signs, mechanical equipment and screens, antennae
and other similar items not used for human occupancy, shall be allowed to
exceed the maximum allowable building height limit by 10 feet.
(d)
Landscaped Areas. Landscaping is not required in the CB Zone, except for the 5 foot
buffer next to Residential Zones. Landscaping is intended to soften the effects of
built and paved areas. It also helps reduce stormwater runoff by providing a surface
into which stormwater can percolate.
(e)
Main Entrance. Fronting the main entrance of a building to the street enhances
pedestrian access between the use inside the building and activities on the sidewalk.
This orientation also enables building occupants to see what is happening in the
street, such as arriving transit service.
(f)
Pedestrian Standards. The pedestrian standards encourage a safe, attractive, and
usable pedestrian circulation system in all developments. They ensure a direct
pedestrian connection between the street and buildings on the site, and between
buildings and other activities within the site. In addition, they provide for
connections between adjacent sites, where feasible. A sidewalk circulation system
must be hard-surfaced, and be at least 6 feet wide. Where the system crosses
driveways, parking areas, and loading areas, the system must be clearly identifiable,
through the use of elevation changes, speed bumps, a different paving material, or
other similar methods. The on-site pedestrian circulation system must be illuminated
to a level where employees, residents, and customers can use the system at night.
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10-10.23C
Land between a building and the street lot line must be landscaped and/or hardsurfaced for use by pedestrians.
(g)
Setbacks. Setbacks promote streetscapes that are consistent with the desired
character of the zones. The CB Zone promotes buildings close to the sidewalk to
reinforce a pedestrian orientation and built-up streetscape. The setback requirements
for areas that abut residential zones promote commercial development that will
maintain light, air, and privacy in residential zones. Exceptions:
•
•
•
•
(10)
Canopies, marquees, and awnings.
Uncovered stairways and wheelchair ramps that lead to the street-facing
façade.
Uncovered decks and stairways that are no more than 2 ½ feet above ground.
Projections not allowed. Attached mechanical structures such as heat pumps,
air conditioners, and emergency generators.
Definitions.
(a)
Arcade. 1. A range of arches carried on piers or columns, either free-standing or
blind, i.e. attached to a wall. 2. A covered passage with shops on one or both sides.
3. An exterior covered passageway along a building façade open to the street
frontage.
(b)
Architrave. The lintel extending from one column or pier to another. Also, the
lowest of the three main parts of an entablature.
(c)
Awning. A roof-like cover extending over or in front of a place (as over the deck or
in front of a door or window) as a shelter.
(d)
Cementitious Siding. Combination of Portland cement, ground sand, cellulose
(wood) fiber that when mixed with water allows for the creation of planks, panels,
and shingles (exterior cladding) that is resistant to burning and rotting.
(e)
Clerestory or Clearstory Window. The upper stage of the main walls of a church
above the aisle roofs, pierced by windows; the same term is applicable in domestic
buildings.
(f)
Cornice. In classical architecture, the top, projecting section of an architrave; also
any projecting ornamental moulding along the top of a building, wall, arch, etc.,
finishing or crowning it.
(g)
Cupola. A dome, especially a small one on a circular or polygonal base crowning a
roof or turret.
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10-10.23C
(h)
Curtain Wall. A non-load-bearing wall which can be applied in front of a framed
structure to keep out the weather. A continuous curtain wall of steel and glass
separating ‘structure’ from ‘cladding’.
(i)
Design Standards. Design standards consist of objective design-oriented elements
that help to ensure that the proposed development conserves and enhances the
recognized value of the site or building. The design standards provide additional
guidance to items such as pedestrian connections, building materials, ground floor
and upper level treatments, and the like.
(j)
Development Standards. Development standards are land use regulations that guide
how sites and buildings can be developed. In commercial zones, these standards deal
with allowed uses, building heights, densities, parking, building setbacks, etc.
(k)
Entablature. The upper part of an order, consisting of architrave, frieze and cornice.
(l)
Façade. The principal face, front elevation, or vertical surface of a building which is
set along a frontage. (Primary Façade, as it is used in this ordinance, is the façade
that faces the higher City of Bend street classification.)
(m)
Floor Area Ratio (F.A.R.). The amount of a building floor area in relation to the
amount of site area, expressed in square feet. For example, a floor area ratio of 2 to 1
means two square feet of floor area to every one square foot of site area.
(n)
Frieze. The middle division of an architrave, between the architrave and cornice;
usually decorated but may be plain.
(o)
Frontage. The portion of a parcel of property which abuts a dedicated public street
or highway or an approved public street.
(p)
Lights. Openings between the mullions of a window.
(q)
Main Entrance. That entrance of the building, which is most architecturally
prominent and contains operable doors.
(r)
Mullion. A vertical post or other upright dividing a window or other opening into
two or more lights.
(s)
Parapet. A low, solid, protective screening or decorative wall; often used around a
balcony or balconet, or along the edge of a roof.
(t)
Pergola. A covered walk in a garden usually formed by a double row of posts or
pillars with beams above and covered with climbing plants.
(u)
Pilaster.
A rectangular or round column or shallow pier attached to a wall
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constructed to coordinate with the style of the building.
(v)
Rhythm. Regularly recurring façade elements, features, or building masses.
(w)
Transom. A horizontal glass plane, typically encased in a wood or metal frame, that
separates the storefront from the upper façade.
(x)
Trim. The framing or edging of openings and other features on a façade or indoors.
It is usually of a color and material (wood, stucco, or stone) different from that of the
adjacent wall surface.
(y)
Turret. A very small and slender tower.
[Section 23C added by ORD. NS-1919, passed April 21, 2004]
[Section 23C (7) and (9) amended by ORD NS-1946, passed November 17, 2004]
10-10.24
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10-10.24
Section 24. Off-Street Motor Vehicle Parking and Loading.
(1)
Compliance. No building or other permit shall be issued until plans and evidence are
presented to show how the off-street parking and loading requirements are to be fulfilled and
that property is and will be available for exclusive use as off-street parking and loading
space. The subsequent use of the property for which the permit is issued shall be conditional
upon the unqualified continuance and availability of the amount of parking and loading
space required by this ordinance.
(2)
Off-Street Loading. Every use for which a building is erected or structurally altered to the
extent of increasing the floor area to equal a minimum floor area required to provide loading
space, and which will require the receipt or distribution of materials or merchandise by truck
or similar vehicle, shall provide off-street loading space on the basis of minimum
requirements as follows:
(a) Commercial, industrial and public utility uses which have a gross floor area of 5,000
square feet or more shall provide truck loading or unloading berths in accordance with
the following table:
Square Feet of Floor Area
Les than 5,000
5,000 - 30,000
30,000 - 100,000
100,000 and over
Number of Berths Required
0
1
2
3
(b) Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and
colleges, public buildings, recreation or entertainment facilities and any similar use
which has a gross floor area of 30,000 square feet or more shall provide off-street
truck loading or unloading berths in accordance with the following table:
Square Feet of Floor Area
Less than 30,000
30,000 - 100,000
100,000 and over
Number of Berths Required
0
1
2
(c) A loading berth shall shall contain space 10 feet wide, 35 feet long and have a height
clearance of 14 feet. Where the vehicles generally used for loading and unloading
exceed these dimensions, the required length of these berths shall be increased.
(d) If loading space has been provided in connection with an existing use or is added to an
existing use, the loading space shall not be eliminated if elimination would
result in less space than is required to adequately handle the needs of the particular
use.
10-10.24
BEND CODE
10-10.24
(e) Off-street parking areas used to fulfill the requirements of this Ordinance shall not be
used for loading and unloading operations except during periods of the day when not
required to take care of parking needs.
(3)
Off-Street Parking. Off-street parking spaces shall be provided and maintained as set forth
in this section for all uses in all zones. Such off-street parking spaces shall be provided at
the time a new building is hereafter erected or enlarged or the use of a building existing on
the effective date of this ordinance is changed.
(4)
Number of Spaces Required. Off-street parking shall be provided as follows:
Use
(a)
Requirement
Residential
One, two & three family dwellings: 2 spaces per dwelling unit
Multi-family dwelling containing
four or more dwelling units:
Studio or Efficiency Unit
1 Bedroom Unit
2 Bedroom Unit
3 Bedroom Unit
4 Bedroom Unit
Apartment-hotel, rooming or
or boarding house:
Quad or Quint dwelling:
(b)
.75 space per unit
1.00 space per unit
1.50 space per unit
2.25 space per unit
2.50 space per unit
.50 space guest parking
per dwelling unit
4.5 spaces per quad and
5.5 spaces per quint
Commercial Residential
Hotel:
1 space per guest room plus
1 space per 2 employees
Motel:
1 space per guest room or suite plus 1
additional space for the owner or manager
10-10.24
BEND CODE
Use
10-10.24
Requirement
Club or Lodge:
Spaces to meet the combined requirements
of the uses being conducted such as hotel,
restaurant, auditorium, etc.
Fraternity, sorority or dormitory:
(c)
(d)
1 space for each 6 student beds
Institutions
Welfare or correctional
instiution:
1 space per 3 beds for patient or inmates
Convalescent hospital, nursing
home, sanitarium, rest home,
home for the aged:
1 space per two beds for patients
or residents
Hospital:
1.50 spaces per bed
Places of Public Assembly
Church:
1 space per 4 seats or 8 feet of
bench length in the main auditorium
Library, reading room,
museum, art gallery:
1 space per 400 square feet of floor
area plus 1 space per 2 employees
Pre-school nursery
or kindergarten:
2 spaces per teacher
Elementary or Junior
High School:
1 space per employee or 1 space per 4 seats
or 8 feet of bench length in auditorium or
assembly room, whichever is greater
High School:
1 space per employee plus 1 space for each
6 students or 1 space per 4 seats or 8 feet
of bench length in the main auditorium,
whichever is greater
College or commercial
school for adults:
1 space per 3 seats in classrooms
10-10.24
BEND CODE
Use
Other audiitorium or
meeting room:
(e)
(f)
10-10.24
Requirement
1 space per 4 seats or 8 feet of bench
length.
If no fixed seats or benches, 1 space per 60
square feet of floor area
Commercial Amusements
Stadium, arena or theater:
1 space per 4 seats or 8 feet of bench length
Bowling alley:
6 spaces per lane plus 1 space per 2
employees
Dance Hall or Skating Rink:
1 space per 100 square feet of floor area
plus 1 space per 2 employees
Commercial
Beauty parlor and
Barber shop:
3 spaces for each of the first 2 beauty or
barber chairs, and 1½ spaces for each
additional chair
Retail store except stores selling
bulky merchandise and
grocery stores 1,500 square feet
gross floor area or less:
1 space per 300 suare feet of gross
floor area
Service or repair shops, retail
1 space per 600 square feet of
stores and outlets selling
gross floor area
furniture, automobiles, or other
bulky merchandise where the operator
can show the bulky merchandise
occupies the major area of the
building:
Bank or office (except)
medical and dental):
ical and dental office or clinic:
Eating or drinking establishments:
gross floor area
gross floor area
gross floor area
10-10.24
BEND CODE
Use
Mortuaries:
(g)
(5)
10-10.24
Requirement
1 space per 4 seats or 8 feet of
bench length in chapels
Industrial
Manufacturing
establishment:
1 space per employee on the
two largest working shifts
Storage warehouse, wholesale
establishment, rail or trucking
freight terminal:
1 space per 2,000 square feet
of floor area
(h)
Other uses not specifically listed above shall furnish parking as required by the
Planning Commission. The Planning Commission shall use the above list as a guide
for determining requirements for said other uses.
(i)
Fitness facility or
health center:
1 space per 300 square feet of gross floor
area or by components listed by activity
in Section 19, whichever is greater
General Provisions - Off-Street Parking.
(a)
More Than One Use on One or More Parcels. In the event several uses occupy a
single structure or parcel of land, the total requirement for off-street parking shall be
the sum of the requirements of the several uses computed separately.
(b)
Joint Use of Facilities. The off-street parking requirements of two or more uses,
structures or parcels of land may be satisfied by the same parking or loading space
used jointly to the extent that it can be shown by the owners or operators of the uses,
structures or parcels that their operations and parking needs do not overlap in point
of time. If the uses, structures or parcels are under separate ownership, the right to
joint use of the parking space must be evidenced by a deed, lease, contract or other
appropriately written documents to establish the joint use.
(c)
Location of Parking Facilities. Off-street parking spaces for dwellings shall be
located on the same lot with the dwellings. All other off-street parking shall be
located on the lot with the use; or if not located on the same lot, shall first be
approved as a Conditional Use. The applicant must prove that the parking located on
another parcel is functionally located and that there is safe vehicular and pedestrian
access to and from the use.
(d)
Use of Parking Facilities. Required parking space shall be available for the parking
of operable passenger automobiles of residents, customers, patrons and employees
10-10.24
BEND CODE
10-10.24
only, and shall not be used for the storage of vehicles or materials or for the parking
of trucks used in conducting the business or used in conducting the business or use.
(e)
Parking, Front Yard. All paving for four or more multi-family, commercial and
industrial uses shall not be located within the required front yard setback area except
vehicular driveways. Such driveways for multi-family shall not exceed twenty-four
(24) feet in width and thirty-five (35) feet in width for commercial and industrial
uses. Such paving for parking spaces may be located within a required side or rear
yard.
In Urban Medium Density Residential (RM) zone, the required front yard setback
distance for parking maneuvering and loading areas may be reduced up to a
maximum of ten feet by the Approval Authority if the development includes features
described in Section 10.10.23(10) of this Code.
(f)
Handicapped Parking. The number, location, and design of handicapped parking
spaces shall be as required by the building code. Buildings and uses in existence on
April 30, 1993 that are retroactively required to provide handicapped parking
facilities may place the handicapped spaces in the front yard setback area if it is not
possible to locate the parking elsewhere on the site.
(g)
Shopping center parking. The motor vehicle parking areas shall be located and
designed to facilitate safe and convenient pedestrian and bicycle movement to and
from public sidewalks, streets, or transit stops. Ways to achieve this standard may
include, but are not limited to:
•
location and orientation of buildings closer to the street to minimize
pedestrian and bicycle travel through a parking area;
•
providing one or more raised walkways through the parking areas;
•
providing one or more walkways protected by landscaping and parking
bumpers with areas across vehicle aisles delineated by non-asphaltic material
in a different color or texture than the parking areas;
•
connecting on-site pedestrian walkways and bikeways to other existing
pedestrian and bicycle circulation systems that serve adjacent commercial
uses or residential areas.
(h)
Maximum parking. The maximum number of parking spaces for a commercial
development with a gross floor area of 30,000 square feet or greater, or a site with
more than 6 acres shall not exceed 150% of the required parking.
(i)
Reduction in required parking. The total number of required motor vehicle parking
spaces for an industrial, commercial, and office use may be reduced by 5% for each
of the activities listed below provided by the owners or operators, up to a maximum
10% reduction in the total number of motor vehicle spaces.
•
participate in an area wide carpool/vanpool ride matching program for
employees;
10-10.24
BEND CODE
•
•
•
•
(6)
10-10.24
designating at least 10% of the employee motor vehicle parking spaces as
carpool/vanpool parking and placing such spaces closer to the building than
other employee parking;
providing showers and lockers for employees who commute by bicycle;
providing twice as many covered, secured bicycle parking racks or facilities
as required by this ordinance;
providing a transit facility that is approved by the local transit authority and
related amenities. Related amenities include, but are not limited to, a public
plaza, pedestrian sitting areas, and additional landscaping.
Development and Maintenance Standards for Off-Street Parking Areas. Every parcel of land
hereafter used as a public or private parking area, including commercial parking lots, shall be
developed as follows:
(a)
An off-street parking area for more than five vehicles shall be effectively screened by
a sight-obscuring fence, hedge or planting, on each side which adjoins a residential
use or property situated in a Residential Zone or the premises of any school or like
institution.
(b)
Any lighting used to illuminate the off-street parking areas shall be so arranged that
it will not project light rays directly upon any adjoining property in an "R" Zone.
(c)
Except for single-family, duplex and triplex dwellings, groups of more than two
parking spaces shall be located and served by a driveway so that their use will
require no backing movements or other maneuvering within a street or right-of-way
other than an alley if a carport or garage is provided for each unit.
(d)
Areas used for standing and maneuvering of vehicles shall be paved surfaces
maintained adequately for all weather use and so drained as to contain any flow of
water on the site.
(e)
Except for parking to serve residential uses, parking and loading areas adjacent to or
within residential zones or adjacent to residential uses shall be designed to minimize
disturbance of residents.
(f)
Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
10-10.24
BEND CODE
10-10.24
(g)
Service drives to off-street parking areas shall be designed and constructed to
facilitate the flow of traffic, provide maximum safety of traffic access and egress and
maximum safety of pedestrians and vehicular traffic on the site. The number of
service drives shall be limited to the minimum that will accommodate and serve the
traffic anticipated. Service drives shall be clearly and permanently marked and
defined through the use of rails, fences, walls or other barriers or markers. Service
drives to drive-in establishments shall be designed to avoid backing movements or
other maneuvering within a street other than an alley.
(h)
Service drives shall have a minimum vision clearance area formed by the intersection
of the driveway center line, the street right-of-way line and a straight line joining
said lines through points 30 feet from their intersection.
(i)
Parking spaces along the outer boundaries of a parking area shall be contained by a
curb or bumper rail so placed to prevent a motor vehicle from extending over a
adjacent property line, pedestrian walkway, bikeway, or a street right of way.
(j)
Parking Pods. Developments that provide more than 75 parking spaces shall:
(A)
Develop the parking area into pods of no more than 50 spaces each.
(B)
Develop physical breaks between the pods by providing one or more of the
following:
(1)
Landscaping beds of not less than 5 feet with no car overhang and 10
feet in width with a car overhang;
(2)
Siting of building pads, landscaped pedestrian walkways, interior
streets or other site features acceptable to the review authority.
10-10.24
(7)
BEND CODE
10-10.24
Off-Street Parking Lot Design. All off-street parking lots shall be designed in accordance
with City standards for stalls and aisles as set forth in the following drawings and table:
A
B
C
D
E
F
0°
9'-0"
9'-6"
10'-0"
9.0
9.5
10.0
12.0
12.0
12.0
22.0
22.0
22.0
30.0
31.0
32.0
45°
9'-0"
9'-6"
10'-0"
19.8
20.1
20.5
13.0
13.0
13.0
12.7
13.4
14.1
52.5
53.3
54.0
60°
9'-0"
9'-6"
10'-0"
21.0
21.2
21.5
18.0
18.0
18.0
10.4
11.0
11.9
60.0
60.4
61.0
70°
9'-0"
9'-6"
10'-0"
21.0
21.2
21.2
19.0
18.5
18.0
9.6
10.1
10.6
61.0
60.9
60.4
90°
9'-0
9'-6"
10'-0"
20.0
20.0
20.0
24.0
24.0
24.0
9.0
9.5
10.0
64.0
64.0
64.0
A = Parking Angle
B = Stall Width
C = 20' Stall
D = Aisle Width - one way*
E = Curb Length per Car
F = Bay Width
* 24' minimum for two-way traffic
10-10.24
BEND CODE
10-10.24
(Insert Diagram)
(a)
For one row of stalls use "C" + "D" as minimum bay width.
(b)
Public Alley width may be included as part of dimension "D", but all parking stalls
must be on private property, off the public right-of-way.
(c)
For estimating available parking area, use 300 - 325 square feet per vehicle for stall,
aisle and access areas.
(d)
For narrow lots equivalent size stalls and aisles may be approved by the City
Engineer.
(e)
For large parking lots exceeding 20 stalls, alternate rows may be designed for
compact cars provided that the compact stalls do not exceed 30 percent of the total
required stalls. A compact stall shall be 8 feet in width and 17 feet in length with
appropriate aisle width.
10-10.24
(8)
BEND CODE
10-10.24
Required Bicycle Parking.
(a)
On-site bicycle parking shall be provided as listed below. Fractional spaces shall be
rounded to the next highest number. Bicycle parking for multiple uses or large
commercial developments may be provided in one or more locations.
Use
Requirement
Multi-family dwellings
with 4 units or more:
1 covered space per unit
Retirement home or
assisted living complex:
2 covered spaces or 1 covered space for
every 10 employees whichever is greater
Retail sales and service:
1 covered space for every 10 employees plus 1
space for every 20 motor vehicle spaces
Street vendors, itinerant
merchants, and similar
temporary sales operations:
No bicycle spaces required
Restaurants, cafes
and taverns:
1 covered space for every 10 employees plus
1 space for every 20 motor vehicle spaces
Professional office:
Medical or dental office
or clinic or hospital:
Stadium, arena, theater
or similar public use:
1 space for every 20 seats
Elementary School:
1 covered space for every 10 students in grades
2 through 5
Junior High School:
1 covered space for every 10 students
High School:
1 covered space for every 10 students
College:
1 space for every 10 motor vehicle spaces plus 1
covered space for every dormitory unit
10-10.24
BEND CODE
Use
(b)
(9)
10-10.24
Requirement
Public or private
recreational facility:
1 space for every 10 employees plus 1 space
for every 20 motor vehicle spaces
Industrial uses without
retail trade or service:
1 covered space for every 20 employees
Industrial uses with retail
trade or service
Parcels in the Central Business (CB) zone that do not have adequate area on-site to
satisfy the standards in subsection (a) shall either provide bicycle parking in the
right-of-way or common bicycle parking area as approved by the City or pay a fee
equivalent to the cost of providing the required bicycle spaces.
Bicycle Parking Location and Design; Other Required Conditions
(a)
Each required bicycle parking space shall be on asphaltic concrete, portland cement,
or similar hard surface material and each space shall be at least 2 feet wide by 6 feet
long with a minimum vertical clearance of 7 feet. An access aisle with of at least 5
feet wide shall be provided and maintained beside or between each row of bicycle
parking.
(b)
Bicycle parking facilities shall offer security in the form of either a lockable
enclosure in which the bicycle can be stored or a stationary rack upon which the
bicycle can be locked. Bicycle rack design must accommodate both U shaped locks
and cables and include, but are not limited to, such shapes as an inverted "U" design
or a "ribbon". Racks shall be securely anchored to a walkway, parking lot, building,
or other approved structure.
(c)
Where required, covered bicycle parking may be provided underneath an awning,
eave, or other structural overhang; inside the main building or an accessory parking
structure; or other facility as determined by the Site Plan Review Committee that
protects the bicycle from direct exposure to the elements.
(d)
Except as noted below, all required bicycle parking shall be located on site within 50
feet of well-used entrances and not farther than the closest motor vehicle parking
space. Bicycle parking for multiple uses such as a commercial center or college
may be clustered in one or more locations that are convenient for bicyclists but must
meet all requirements for bicycle parking.
10-10.24
BEND CODE
10-10.24
Subject to City approval, bicycle parking for uses in the Central Business (CB) zone
may exceed the distance standard if the required parking is provided within the
public right-of-way or in a common parking area.
(e)
Lighting shall be provided in a bicycle parking area so that all facilities are
thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking
lots. Bicycle parking shall be at least as well-lit as motor vehicle parking.
(f)
For new commercial developments and public buildings in which 25 or more persons
will be employed the building plans shall indicate facilities that provide changing
room(s) and shower(s) that are available to employees who bicycle to work. Such
facilities may be incorporated into restrooms, exercise rooms, or similar facilities in
the building.
[Section 24(5)(c) amended by Ord. No. NS-1216 passed May 2, 1979]
[Section 24(4)(f) amended by ORD. No. NS-1308 passed January 7, 1981]
[Section 24(3) amended by ORD. No. NS-1560 passed April 15, 1992]
[Section 24(5)(f) thru (i) added by ORD. No. NS-1592 passed June 2, 1993]
[Section 24(6)(i) amended by ORD. No. NS-1592 passed June 2, 1993]
[Section 24(8)(a) thru (b) added by ORD. No. NS-1592 passed June 2, 1993]
[Section 24(9)(a) thru (f) added by ORD. No. NS-1592 passed June 2, 1993]
[Section 24(4)(i) added by ORD. No. NS-1599 passed August 4, 1993]
[Section 24(5)(e) amended by ORD. No. NS-1651 passed February 7, 1996]
[Section 24(6)(c) amended by ORD. No. NS-1651 passed February 7, 1996]
[Section 24(5)(h) amended by ORD. No. NS-1670 passed February 19, 1997]
[Section 24(6)(j) added by ORD. No. NS-1670 passed February 19, 1997]
10-10.25
BEND CODE
10-10.25
Section 25. Provisions Applying to Special Uses. In addition to the standards of this ordinance the
following special uses shall comply with the provisions of this section:
(1) Automobile Service Stations - Minimum Standards:
(a) Minimum Lot Size: The minimum lot size for a service station site shall be 12,000 square
feet. The minimum street frontage on the major traffic carrying street of a corner lot shall
be 100 feet. The minimum street frontage for a service station site on an interior lot shall be
120 feet. The minimum lot depth shall be 100 feet.
(b) Setbacks: Service stations shall set back from property lines not less than 10 feet. Attached
or freestanding canopies may not extend closer than 10 feet to the property line. The
minimum 10 foot distance between property line and building shall be appropriately
landscaped as a continuation of the service station's required landscaping.
(c) Screening: A sight obscuring fence or wall not less than 6 feet or more than 8 feet or an
evergreen hedge planted at 4 feet and capable of obtaining 6 feet in height shall be provided
between the service stations and abutting property in a residential zone or used for
residential purposes. Said wall, fence, or hedge shall be reduced to 2½ feet in vision
clearance areas. A screened trash enclosure shall be provided on each station site.
(d) Landscaping: Landscaping shall be installed and maintained occupying a minimum of 5
percent of the station site net area. Plans for landscaping shall be approved during site plan
review.
(e) Lighting: Lighting shall be of such illumination, direction, color and intensity as not to
create a nuisance on adjacent property or to create a traffic hazard. Wiring for the business
and its signs and light fixtures shall be underground.
(f)
(2)
Other Requirements: No storage of inoperative automobiles or parts thereof shall be
permitted except in enclosed structures for any period exceeding 72 hours. Off-street
parking space shall be provided for each attendant of the largest shift. Sales storage and
display of merchandise shall be conducted within a building, except for gasoline, oil,
windshield wiper blades and other accessories of like size. Use of property for service
station may also include the sale and installation of motor vehicle accessories, minor vehicle
repairs (such as tune-ups, tire repair and the like), emergency vehicle repairs and any other
sale, service or activity customarily incidental to the operation of a service station where
such other sale, service or activity would otherwise be permitted within the zone.
Kennels, Riding Academies and Public Stables. In any "R" Zone, kennels, riding academies
and public stables shall be located not less than 200 feet from any property line, shall
provide automobile and truck ingress and egress and shall also provide parking and loading
spaces so designed as to minimize traffic hazards and congestion. Applicants shall show
that odor, dust, noise and drainage shall not constitute a nuisance, hazard or health problem
to adjoining property or uses.
10-10.25
BEND CODE
10-10.25
(3)
Cemetery, Crematory or Mausoleum. A cemetery, crematory or mausoleum shall have its
principal access on a major street or road with ingress and egress so designed as to minimize
traffic congestion and shall provide required off-street parking space. Cemeteries located
within an ""R" Zone or abutting such "R" Zone shall establish and maintain appropriate
landscaping to minimize the conflict with abutting residential use.
(4)
Churches, Hospitals or other Religious Institutions. In any "R" Zone all such uses may be
located on an arterial or collector street. Such uses may also be located on a local street
provided that there is sufficient access to arterial or collector streets and that such uses do
not unduly impact residential areas. Access and required off-street parking shall be
designed so as to minimize impact on existing traffic patterns and adjoining properties.
All buildings shall be set back 30 feet from side and rear lot lines and all off-street parking
facilities shall be screened from abutting properties. No sign shall exceed 10 square feet in
size or be internally illuminated.
(5)
Community Buildings, Social Halls, Lodges, Fraternal Organizations and Clubs. In any "R"
Zone all such buildings shall be set back a minimum of 30 feet from a side or rear lot line,
there shall be no external evidence of any incidental commercial activities taking place
within the building, all such uses shall be located on a major street or road and be able to
provide access without causing traffic congestion on local residential streets.
(6)
Drive-in Theaters. Drive-in theaters shall be located only on a major street or road, shall
provide ingress and egress so designed as to minimize traffic congestion, shall be so
screened from any residential zone or dwelling that any noise shall not disturb residents or
prospective residents, shall maintain signs and other lights only in such a way as not to
disturb neighboring residents, and shall be so designed that the screen will be set back from
and shall not be clearly visible from any highway.
(7)
Keeping of Livestock. The Hearings Body may authorize the keeping of livestock as a
Conditional Use in an "R" Zone subject to the following standards:
(a) One horse shall have a corral or pasture with a usable area of at least 7,500 square feet; two
horses, at least 10,000 square feet; and for each additional horse, at least 5,000 square feet.
(b) Cows, goats, sheep, swine, fowl or other livestock shall not be kept on any parcel of land
with an area less than five acres.
(c) No enclosure for houses, cows, goats, sheep, swine or other livestock shall be located closer
than 25 feet to a dwelling.
(d) Fences erected in connection with the keeping of livestock shall be of lumber, or other solid
material, shall be kept in good repair, and shall be at least 4 feet in height. Fences shall not
be made of barbed wire. A fence shall meet the setback requirements of the zone.
10-10.25
BEND CODE
10-10.25
Temporary Permits for Mobile Homes. Temporary use permits for mobile home or trailer
house type units may be authorized by the Hearings Body in the following circumstances
upon such terms and conditions as prescribed by the Hearings Body:
(9)
(a) Temporary use permits may be granted in favor of schools for a specified time.
(b) Temporary use permits may be granted in residential zones for relatives of the family
residing on the property if the mobile home will be used because of a medical problem
requiring the use of such a unit. The existence of a medical problem shall be supported by
the certificate of a medical doctor. The permit shall not exceed one year and may only be
renewed with another certificate from a medical doctor.
(c) Temporary use permits may be granted in connection with construction projects. The
duration of such permits shall not continue beyond the construction period and the permit
shall terminate upon occupancy of the building being constructed. The Building Official
may issue such permits.
(10)
Mines, Quarries, Gravel Pits or Gravel Removal Sites. Except as allowed within the SM,
Surface Mining zone, extractions from deposits of rock, stone, gravel, sand, earth, minerals,
or building or construction materials shall not be construed to be a permitted use in any zone
of this ordinance unless a Conditional Use Permit shall first have been obtained as provided
in Section 29 except for on-site excavation and grading in conjunction with a specific
construction or improvement project. The Hearings Body shall have power to grant
Conditional Use Permits, which are valid for a specified period of time or are revocable, to
permit extractions from deposits of rock, stone, gravel, sand, earth, minerals, or building or
construction materials. Odor, dust, noise or drainage shall not be permitted to create or
become a nuisance to surrounding property.
(10A) Special Use Permit for Temporary Rock Crushing Outside the SM Zone.
(a) Temporary on-site rock crushing for on-site construction and maintenance is permitted
outright in any zone if the following standards are met:
A.
B.
C.
D.
E.
F.
The subject property has received site plan, tentative plat or final plat approval for
the construction or maintenance activity or is an approved public facility project;
Rock crushing equipment has a valid Oregon Department of Environmental Quality
air contaminant discharge permit;
The crushing equipment is capable of providing material meeting “three quarter inch
minus reject” (3/4 inch minus) specifications;
No off-site materials are brought on site for crushing;
Rock crushing equipment is removed from the site within 15 days of completing the
crushing activity;
Excavated crushed material not used for on-site construction or landscaping is
removed to a City approved location within 15 days of completing the crushing
10-10.25
G.
H.
I.
J.
BEND CODE
10-10.25
activity.
The rock crushing equipment is set up as far away as practicable from any property
line or existing residence but in no case shall the setback be less than 150 feet.
The duration of the temporary rock crushing activity is for no more than 60
consecutive days from the issuance of the permit, unless the applicant obtains an
extension of time pursuant to the City of Bend Land Use Permit and Procedures
Ordinance;
Rock crushing occurs Monday through Friday, between 8:00AM and 5:00PM, and
not on legal holidays; and
Water is available to provide dust control.
(b) Application requirements. An application for a temporary permit for on-site rock crushing
shall contain the following;
A.
B.
C.
D.
E.
A detailed explanation of the proposed construction and rock crushing activities,
including:
• an approved grading plan,
• an estimate of the amount material to be processed,
• the amount of material to be used on site and the amount to be removed if any,
• the duration and operating characteristics of the rock crushing activity;
An explanation of how the proposal will reduce truck trips or otherwise benefit the
community.
A map drawn to scale showing:
• the location of property boundaries,
• the truck travel route for vehicles accessing the site and rock material being
removed from site,
• the location site for material being removed,
• setbacks to the rock crushing activity and
• any topographic features in the immediate vicinity of the proposed rock crusher;
Any additional information which will assist in the evaluation of the proposed rock
crushing.
The application shall be processed pursuant to the City of Bend Land Use Permit and
Procedures Ordinance.
(c). Revocation of a Temporary Permit for Noncompliance. Any permit for temporary permit
for rock crushing granted in accordance with the terms of this ordinance may be revoked if
any of the conditions or terms of such permit are violated.
(12)
Utilities. The erection, construction, alteration, or maintenance by public utility or
municipal or other governmental agencies of underground, overhead electrical, gas, steam or
water transmission or distribution systems, collection, communication, supply or disposal
system, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and
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accessories in connection therewith, but not including buildings, may be permitted in any
zone. Utility transmission and distribution lines, poles and towers may exceed the height
limits otherwise provided for in this ordinance. However, in considering an application for
a public utility use the Hearings Body shall determine that the site, easement, or right-ofway is located so as to best serve the immediate area, and in the case of a right-of-way or
easement will not result in the uneconomic parceling of land. As far as possible,
transmission towers, poles, overhead wires, pumping stations, and similar gear shall be so
located, designed, and installed as to minimize their effect on scenic values.
(13)
Dwelling Groups. Purpose - This section is intended to make possible a more desirable
living environment than would be possible through a strict application of the provisions of
this ordinance. It is intended to encourage reservation of a greater proportion of open space
for visual and recreational uses; to encourage efficient, aesthetic, and desirable uses of land;
and to encourage greater diversity and variety in the physical development pattern of the
City. A permit may not be issued for the erection of a Dwelling Group unless such
Dwelling Group conforms to all of the following conditions and requirements:
(a) The area of the lot on which the Dwelling Group is to be erected shall be at least 20 percent
greater than the aggregate of the minimum lot areas otherwise required for the individual
dwelling in the group.
(b) Each building containing a dwelling in the group shall front either on a street, or other
public open space at least 50 feet wide, or on a common yard or outer court, public or
private, not less than 50 feet wide.
(c) The distances between two principal buildings shall not be less than the average of their
heights and the distance between any principal buildings and the nearest lot line other than a
front lot line, shall not be less than the height of the building.
(d) Every building containing a dwelling in the group shall be within 60 feet of an access
roadway or drive having a right-of-way of at least 20 feet in width providing vehicular
access from a public street.
(e) Except as modified in this section, such Dwelling Group shall conform to all of the
requirements of this ordinance for the district in which it is to be located.
(f)
All Dwelling Groups shall be subject to Site Plan Approval as provided in Section 23.
(14) Rear Lot Permits.
(a) Purpose. The purpose of this section is to permit development of deep lots in residential
areas which are incapable of being subdivided or otherwise developed under the strict
application of this ordinance. No deep lots or other large parcels of land may be developed
under this section if the property is physically capable of being subdivided, either
separately or in conjunction with adjacent properties, either now or in the future. Any
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property proposed to be developed under this section shall comply with all of the following
eligibility and development requirements.
(b) Eligibility. Property must be less than 4 acres in area. Property must be so situated that
further subdivision or segregation under terms of other applicable City ordinances and
regulations is not possible, either individually or in conjunction with any other adjacent
property. Minimum Area: Twice that required by the applicable zone.
Minimum Depth: 200 feet
Minimum Width: As required by applicable zone.
(c) Development Standards: Provided the eligibility requirements are met, a permit may be
issued subject to the following standards and criteria:
Front Parcel: Minimum Lot Width: 10 feet less than required by applicable zone.
Minimum Lot Depth: 100 feet. Yard Requirements: Same as required in applicable
zone.
Rear Parcel: Access Way Minimum: 10 feet for first 150 feet; 15 feet if access way
greater than 150 feet. Maximum access way width: 20 feet. Yard Requirements:
No building shall be erected within 10 feet of any property line. Lot Area: Area of
rear lot shall be within 15 percent of the area of the front lot. Access way shall be
conveyed with ownership of rear lot and shall be an integral part of the rear lot.
Access way shall be paved. Development of property subject to approval by the Site
Plan Committee. Applicant shall submit site plan for all buildings, structures and
other improvements such as roadways, walks and parking facilities to the Site Plan
Committee for approval. All improvements made on the property shall conform to
the plans as approved by the Site Plan Committee.
(15)
Home Occupation. An occupation carried on within a dwelling by members of the family
occupying the dwelling with no servant, employee or other persons being engaged, provided
the occupation is conducted in such a manner as not to give an outward appearance nor
manifest any characteristic of a business in the ordinary meaning of the term nor infringe
upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
Such occupations shall be a secondary use on the premises, shall not occupy more than 25
percent of the floor area of one floor of the dwelling and there shall be no stock in trade
displayed, or goods sold, upon the premises. Signs shall be permitted according to the
provisions of the City Sign Code. For purposes of this ordinance, nursery schools and
kindergartens shall not be considered as home occupations in residential zones.
(16)
Landing Strips for Aircraft, Heliports. All landing strips for aircraft or heliports shall be so
designed and the runways and facilities so oriented, that the incidents of aircraft passing
directly over dwellings during their landing or taking off pattern is minimized. They shall
be located so that traffic, both land and air, shall not constitute a nuisance to neighboring
uses. The proponents shall show that adequate controls or measures will be taken to prevent
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offensive noise, vibrations, dust or bright lights. New landing strips and heliports shall not
be construed to be a permitted use in any zone established by this ordinance unless and until
a Conditional Use Permit shall first have been secured therefore.
(17)
Day Care Facility. Day care facilities shall have a minimum site size of 5,000 square feet
and shall provide and thereafter maintain outdoor play areas with a minimum area of 100
square feet per child of total capacity. All outside play shall be enclosed by a fence of at
least four feet but not more than six feet in height. Day care facilities and nursery schools
shall provide adequate off-street parking and loading spaces and may be required to provide
a driveway designed for continuous forward flow of passenger vehicles for the purposes of
loading and unloading.
(18)
Housing for the Elderly. Purpose. The purpose of this section is to establish standards for
housing developments for the elderly within the CB and RH Zones. Housing developments
for the elderly shall be exempted from applicable zone regulations only insofar as the
provisions in this section conflict with appropriate regulations.
(a) The minimum lot area for single and two-family dwellings shall be 5,000 square feet. For
each additional dwelling unit the lot area shall be increased by 360 square feet provided that
more than 50 percent of the dwelling units shall be studio apartments. For the purpose of
this section, a studio apartment is defined as an apartment with one principal room and
having no bedrooms.
(b) The combined lot coverage of all structures shall not exceed 50 percent of the lot area.
(c) Off-street parking shall be provided as follows:
Total off-street parking area - .75 space per dwelling unit.
Improved off-street parking area - .33 space per dwelling unit.
As long as the multiple-family dwelling serves as housing for the elderly in terms of
the original intent for the development, the smaller parking requirement shall apply.
Any applicant must provide a site plan showing the total off-street parking area
including access and parking spaces in the event the development ceases to serve as
housing for elderly or requires additional parking. In the event that the development
ceases to serve as housing for the elderly in terms of the original intent of the
development, the larger off-street parking area required in this section shall apply
and shall be immediately improved and developed. In the event that the improved
off-street parking area does not meet the parking needs of the development, the
Hearings Officer may require development of the total or larger off-street parking
area.
(19)
Plant Nursery. Plant nursery deals primarily in the raising and selling of shrubs, trees,
ornamental bedding plants and the like. Such a use may be approved in a UAR, SR 2½, RS,
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or RL zone upon compliance with the following standards, and as a Conditional Use in these
zones.
(a) Locate on an arterial street
(b) If the proposed location is on a major highway, such as 97, 20 then access to the site shall be
from a frontage road or secondary street.
(c) Since these operations are commercial in nature, they shall be permanently and well
landscaped, respecting the character of a residential area or entrance into the community.
(d) Site plan review shall consider the need for a subdued use of lights, the need for adequate
parking, berms, screens, etc., and for the separation of the parking lot and business activities
from existing and future residences.
(20) Hydroelectric Facilities
(a) No new hydroelectric facility shall be constructed, and no existing hydroelectric facilities
shall be enlarged or expanded in size of area or generating capacity on Tumalo Creek within
the City of Bend.
(b) Hydroelectric facilities are allowed as a conditional use on the Deschutes River within the
City of Bend. Such conditional use shall be governed by the conditions set forth in (c)
below:
(c) In addition to the general conditional use permit criteria set forth in Section 29, Subsection
(3), the criteria set forth below shall apply to any construction or expansion of, or other
modification to, hydroelectric facilities in areas where such facilities are permitted as a
conditional use. A Conditional Use Permit may be granted for the construction or
expansion of, or other modification to, a hydroelectric facility only upon findings by the
Hearings Body that the proposal meets each of the following criteria, where applicable:
1.
The facility is located at and physically connected to an existing man-made
diversion or impoundment.
2.
The facility will not increase the maximum surface area or capacity of the
impoundment created by the existing dam or diversion to which the facility
will be connected.
3.
The facility will maintain or enhance to the greatest extent possible, the
existing scenic, visual, environmental, and aesthetic qualities of the affected
stretch of the river.
The facility will maintain or enhance the existing recreational opportunities
on or adjacent to the affected stretch of the river.
4.
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5.
The facility will maintain or enhance existing fish and wildlife habitat, and
will have no adverse impact upon any threatened or endangered fish,
wildlife, or plant species or their habitat.
6.
The facility and its operation will maintain or enhance existing water quality
in the affected stretch of the river, except during construction of the facility,
during which time adverse impacts on water quality will be minimized.
Specifically, the facility and its operation will not:
i.
Deposit, or create a zone for the deposit of, sediments in the river or
adjacent to the site;
ii.
Increase the temperature of the river in the affected stretch by any
means, including but not limited to removal of vegetation or
reduction in stream flow; or
iii.
Create the potential for, or result in, spillage, leakage or discharge of
oil, chemicals or other substances or waste products which could
reach the river.
7.
The facility and its operation will not increase soil or bank erosion or
destroy bank habitat at or on land adjacent to the site, except during
construction of the facility, during which time soil or bank erosion and
destruction of bank habitat will be minimized.
8.
The facility and its operation will maintain existing public access to the
affected stretch of the river.
9.
The facility will not be located at or immediately adjacent to any identified
archeological or historical site, national or state park, wildlife refuge, Bureau
of Land Management Outstanding Natural Area or area of Critical
Environmental Concern, Federal Research Natural Area, or U. S. Forest
Service Special Interest Area.
10.
The facility and its operation will comply with all applicable noise and
pollution regulations of the Oregon Department of Environmental Quality.
11.
The facility and its operation will comply with all applicable state fill-andremoval statutes and regulations.
(d) The applicant for a Conditional Use Permit under Subsection (c) above shall submit the
following for approval:
1.
Detailed construction plans and profiles of all facility features, including
building elevations of the powerhouse and other structures, excavation plans
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and narrative as to where blasting will occur, where excess material will be
deposited, and landscaping and reclamation plans.
2.
Detailed plans for meeting the criteria set forth in Subsection (c) above.
3.
Detailed plans for river enhancement documenting both on-site and off-site
enhancement plans consistent with adopted river-related goals and policies,
such as plans and methods for conserving water and enhancing stream flow.
The plan shall identify costs, time schedules and coordination activities
with affected persons and agencies for such enhancement plans.
4.
A cash deposit or performance bond in an amount equal to 100 percent of
the estimated cost of river enhancement and landscaping.
5.
Detailed plans for a water conservation and stream enhancement program to
be funded by a portion of revenues generated by the operation of the
proposed facility. The program plans shall contain the following:
i.
A program timetable;
ii.
Projected gross revenues from the proposed facility;
iii.
Projected program expenditures and the percentage of gross revenue
they represent;
iv.
Projected water savings and the percentage of known current water
losses they represent;
v.
A declaration by the applicant that at least fifty percent of the
conserved water will remain undiverted by the applicant;
vi.
A declaration by the applicant that water diverted for power
generation will not cause water flow in that affected stretch of the
river (from the diversion to the tailrace exit) to fall below the
minimum stream flow for that stretch as recommended by the Oregon
Department of Fish and Wildlife; and
vii.
A declaration by the applicant that it will enter into an agreement
with the City of Bend, prior to beginning construction of the facility,
by which the applicant agrees to fulfill all of the requirements in
paragraphs (a) through (f) of this subsection,.
(21) Destination Resorts.
(a) Information to be supplied by the applicant:
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
(b)
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Proposed land uses and densities
Building types
Circulation pattern
Park, playground, and open space
Existing natural features
Impacts on schools, roads, water and sewerage systems, fire protection
Proposed ownership pattern
Waste disposal facilities
Water supply system
Lighting
General timetable for development
The Conditional Use Permit may be granted upon the following findings:
1.
That any exceptions from the standards of the underlying zone and
subdivision ordinance are warranted by the design and amenities
incorporated in the development plan;
2.
That the proposal is in harmony with the surrounding area or its potential
future use;
3.
That the system of ownership and the means of developing, preserving, and
maintaining open space is adequate;
4.
That sufficient financing exists to assure that the proposed development will
be substantially completed in the timetable outlined by the applicant;
5.
That open space shall comprise 65 percent of the land. Open space shall
mean land not in streets or structures;
6.
That adequate provision is made for the preservation of natural resources
such as bodies of water, natural vegetation, and special terrain features;
7.
That the areas of activities are contained in the center of the development, or
that adequate buffer yards are established to protect adjacent private lands.
(c) Dimensional Standards:
1.
The minimum lot area, width, frontage, and yard requirements otherwise
applying to individual buildings of the zone in which the development is
located do not apply within a Destination Resort.
2.
The Hearings Body shall establish yards, height limitations, space between
buildings for the development, or may delegate this to the Site Plan
Committee.
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(d)
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10-10.25
Commercial uses designed and sized to meet the needs of the development's
population are allowed subject to the following:
1.
That such use shall be contained within the development,
2.
That adequate screening and site design shall insure compatibility between
these activities and adjacent uses.
(22) Adult Entertainment Establishments.
(a) Adult bookstores and adult theatres shall not be located within 500 feet of any residential
zone or use, church, school, park or playground, or other area where large numbers of minor
regularly travel or congregate, or any other adult entertainment establishment.
(b) The interior of an adult bookstore shall be adequately lighted and constructed so that every
portion thereof is readily visible to the clerk or other supervisory personnel from the counter
or other regular station.
The findings set forth in Exhibit A attached hereto are hereby incorporated by reference as a
basis for the aforesaid regulation.
EXHIBIT A
In adopting regulations for the location of adult entertainment establishments, the City
Council hereby makes the following findings of fact:
1. Adult entertainment establishments, if in conformity with the provisions of state law, are
protected from unreasonable regulation by Oregon and United States Constitutions.
2. These establishments do, however, have an adverse impact on property located adjacent
to or in close proximity to them if those properties have uses of the type at which minors
frequent or live at. By close proximity, an area of approximately two city blocks or 500 feet
is the area in which these uses could have an adverse impact.
3. State law allows the dissemination of certain obscene material to adults, but prohibits
their dissemination to minors.
4. The location of adult entertainment businesses in areas where minors congregate such as
arcade rooms, shopping malls, residential areas, churches, schools, parks and playgrounds
will serve as attractive nuisances to minors.
5. Separating adult entertainment businesses from the areas set forth above will assist the
community in insuring the provisions of the state law are complied with.
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6. Separating adult entertainment businesses from each other will insure a concentration of
said businesses in one area does not occur. A concentration of these businesses in other
communities has oftentimes resulted in the deterioration of the entire area.
(23)
Timeshare Unit, Development or Facility. The purpose of this section is to establish
standards for timeshare units through the applicable zone in this ordinance.
(a)
Any timeshare unit project shall have its primary access on a collector street that
does not pass through an existing, developed residential area, or on an arterial.
(b)
A timeshare unit in any residential zone and the UAR-10 zone shall meet the
following provisions:
1.
(24)
New timeshare units may be developed in vacant areas zoned UR or RM
provided that such development complies with (a) above and the following:
i.
That such development has a minimum site area of 20 acres.
ii.
That the density of the development shall not exceed that of the
existing predominant density pattern within 500 feet of the site.
iii.
That such development is appropriately buffered by the use of yards,
landscaping, etc., from adjoining properties as determined during site
plan review considering the need for privacy and the effects of noise.
2.
Development of timeshare units in the RH zone may be allowed provided
they comply with (a) above and are buffered from adjacent RS or RM
zonedneighborhoods by yards, landscaping, berms or other similar features.
3.
The Hearings Body may require bonds to assure installation and
maintenance of landscaping, parking, and facilities that are part of the
buffering scheme. It may also require that an adequate mechanism will
exist, such as an owners association, that will assure maintenance of such
required facilities.
(c)
Each timeshare development/facility shall be landscaped and buffered. The
landscaping and buffering shall be determined during site plan review giving
consideration to the need for privacy and the effects of noise.
(d)
No structure shall be utilized as a timeshare development/facility unless all the units
are used for this purpose.
Bed and Breakfast Inn, provided that the inn shall be subject to an annual review for at least
the first three years, after which time the Planning Commission, after public hearing, may
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approve a permanent permit for the inn. The following minimum standards shall also apply:
(25)
(a)
All inns shall be owner-occupied.
(b)
Each guest room shall have one off-street parking space, in addition to the parking
required for the dwelling by the provisions of Section 24.
(c)
All inns shall be inspected and approved by the City Building Official and Fire
Prevention Officer prior to the issuance of an occupancy permit. A fee shall be paid
for said inspection. Only rooms designed as sleeping rooms shall be used for guest
rooms. Each guest room shall be protected by a smoke detector as required by State
code.
(d)
There shall be at least 400 feet of separation along the same street between inns.
(e)
Signing shall be limited to one non-illuminated sign no greater than one and one half
square feet in area.
(f)
The bed and breakfast inn shall maintain an up-to-date guest register listing all
guests.
(g)
If an approved inn is not established within one year of the approval date, or if the
use of the residence as an inn lapses for over one year, the approval shall
automatically expire and a new application will be required.
(h)
All inns shall be subject to the provisions of Ordinance No. NS-1375, the Transient
Room Tax.
Temporary Uses. Temporary structures and uses are permitted only as follows:
(a)
(b)
In the CC, CL, CG, CH, and CB zones:
1.
Christmas tree sales from November 26 to December 31.
2.
Fireworks sales from June 23 to July 4.
3.
Nonprofit organizations' fund-raising sales if the nonprofit status of said
organization is recognized by the Internal Revenue Service.
In the CH and CG zones:
Itinerant Merchants duly licensed by the City.
(c)
In the RS zone adjacent to the CB zone between Newport Avenue and Franklin
Avenue:
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(d)
(27)
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10-10.25
1.
Outdoor activities in conjunction with, and on the same lot as, an approved
use in the CB zone.
2.
Such outdoor activities shall be subject to site plan review and may be
regulated as to time of year, hours of operation, lighting, noise, size and
other such conditions to insure the activity will have minimal adverse impact
on RS properties.
All produce, shelters, tables, chairs and debris shall be removed by the merchant at
the end of the activity.
Temporary Housing
(a)
Supervision: On site supervision must be provided at all times. At least one
competent adult must be present for every 25 persons utilizing the facility.
(b)
Loitering: There shall be no loitering at the facility location.
(c)
Outdoor activities: All functions associated with a Temporary Housing use, except
for children’s play areas, outdoor recreation areas, parking, and outdoor waiting must
take place within the building proposed to house the Temporary Housing use.
Outdoor waiting for clients, if any, may not be in the public right-of-way, must be
physically separated from the public right-of-way, and must be large enough to
accommodate the expected number of clients. Waiting shall not take place beyond
one hour before for the facility opens or one hour after it has closed.
(d)
Development Standards: The development standards for the base zone and any
overlay zone shall apply to Temporary Housing uses, unless superceded by standards
in this section.
(e)
Parking: The parking space requirements for Temporary Housing uses shall be 1
space per 500 square feet of gross floor area.
(f)
Signs: Signs shall comply with all applicable Oregon codes and City of Bend
ordinances including, but not limited to, the Sign Ordinance and Design Review
Ordinance.
(g)
Separation: Any proposed Temporary Housing facility must be located at least 1000
feet from any other Temporary Housing facility.
(h)
Compliance: Any Temporary Housing facility must meet all other applicable
requirements of federal, state, and/or local authorities including but not limited to
local Fire Department, Building, and Environmental Health requirements.
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[Section 25(14) amended by ORD. No. NS-1260 passed December 5, 1979]
[Section 25(19)(20) added by ORD. No. NS-1308 passed January 7, 1981]
[Section 25(21) added by ORD. No. NS-1363 passed September 15,1982]
[Section 25(1)(h) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 25(9)(c) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 25(22) added by ORD. No. NS-1372 passed March 2, 1983]
[Section 25(23) added by ORD. No. NS-1380 passed June 15, 1983]
[Section 25(24) added by ORD. No. NS-1418 passed August 21, 1985]
[Section 25(17) amended by ORD. NO. NS-1420 passed October 2, 1985]
[Section 25(25) added by ORD. No. NS-1440 passed June 18, 1986]
[Section 25(20) repealed by ORD. No. NS-1444 passed July 16, 1986]
[Section 25(20) added by ORD. No. NS-1444 passed July 16, 1986]
[Section 25(26) added by ORD. No. NS-1445 passed July 16, 1986]
[Section 25(1) amended by ORD. No. NS-1461 passed August 19, 1987]
[Section 25(1)(g) repealed by ORD. No. NS-1488 passed December 21, 1988]
[Section 25(10) amended by ORD No. NS-1702, passed July 15, 1998.]
[Section 25(10A) added by ORD No. NS-1758, passed November 1, 2000
[Section 25(26) Repealed by ORD No. NS-1846, passed November 20, 2002]
[Section 25(27) added by ORD No. NS-1866 passed May 21, 2003]
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Section 25A. Manufactured Homes
(1) General Provisions.
(a)
Manufactured homes parks are permitted with site plan review approval in the RM
and RH Zones in accordance with the standards of this section and the standards for
site plan approval.
(b)
In addition, manufactured home parks and subdivisions may be planned under the
provisions for Planned Developments, which may be used to provide for individual
ownership of manufactured homes and sites and common ownership and
maintenance of other lands and facilities.
(c)
Manufactured home subdivision for Class A manufactured homes are permitted with
site plan approval in the RS Zone in accordance with the standards in this section and
all other provisions of this ordinance. Manufactured home subdivisions for Class B
manufactured homes are permitted as a conditional use in the RS Zone in accordance
with the standards of this ordinance.
(d)
Nothing in these provisions shall be interpreted as superseding deed covenants or
restrictions.
(e)
Same standards apply as for conventional development. Except as specified
otherwise by this section, the standards for subdividing and developing land within
manufactured home parks and subdivisions shall be the same as for all other
developments in accordance with the provisions of this ordinance.
(f)
State Requirements. Where standards for manufactured home developments are
established by state law or Department of Commerce Administrative Rule, such
requirements shall be in addition to the provisions of this section.
(g)
Manufactured Housing Construction and Safety Standards Code (also referred to as
the HUD Code). Title VI of the 1974 Housing and Community Development Act
(42 U.S.C. 5401 et sequentia), as amended (previously known as the Federal Mobile
Home Construction and Safety Act), rules and regulations adopted thereunder
(including information supplied by the home manufacturer, which has been stamped
and approved by a Design Approval Primary Inspection Agency, and agent of the U.
S. Department of Housing and Urban Development pursuant to HUD rules), and
regulations and interpretations of said code by the Oregon Department of Commerce,
all of which became effective for mobile/manufactured home construction on June
15, 1976, shall be utilized as the minimum construction standard of the City of Bend
to which all manufactured home placements shall comply except as may be
exempted by this section.
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(h)
(2)
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10-10.25A
Definitions. For purposes of this section only, the definitions of terms used herein
and not defined in Section 4 of this ordinance shall be as defined in ORS Chapter
446 or Oregon Administrative Rules Chapter 814, Division 23 as amended.
Manufactured Home Classes. For purposes of these regulations, manufactured homes are
divided into the following types:
(a)
(b)
A Class A manufactured home shall:
1.
Have more than one thousand (1,000) square feet of occupied space in a
double-section or larger multi-section unit;
2.
The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that the manufactured
dwelling is located not more than 12 inches above grade;
3.
Have wheels, axles, and hitch mechanisms removed;
4.
Have utilities connected, in accordance with Oregon Department of
Commerce requirements and manufacturer's specifications;
5.
Bear an insignia of compliance with the Manufactured Housing
Construction and Safety Standards Code;
6.
Have shake, shingle, composition, or tile roofing materials similar in
appearance to the most predominant type in the area. The roof pitch shall be
a minimum of 3/12;
7.
Siding materials and trim shall be similar in appearance or complementary
to other homes in the area including the type, color, and horizontal or
vertical placement of materials;
8.
A garage or carport will be provided. It shall be of like materials and color
to the dwelling;
9.
The manufactured home shall be certified by the manufacturer to have an
exterior thermal envelope meeting performance standards which reduce heat
loss levels equivalent to the performance standards required of single-family
dwellings constructed under the state building code as defined in ORS
455.010.
A Class B manufactured home shall:
10-10.25A
(c)
BEND CODE
10-10.25A
1.
Have more than seven hundred fifty (750) square feet of occupied space in a
single, double, expando, or multi-section unit (including those with add-aroom units);
2.
Be placed onto a permanent foundation as required in Section 25 (3) (b) of
this ordinance;
3.
Have wheels, axles, and hitch mechanisms removed;
4.
Have utilities connected in accordance with manufacturer's specifications
and Oregon Department of Commerce requirements;
5.
Construction and Safety Standard Code as of June 15, 1976;
6.
Have composition, shake, shingle, or tile roofing materials and a minimum
pitch of 2/12;
7.
Have nonreflective siding materials and trim typical of new conventional
built homes within the community;
8.
Have a carport or garage of like materials and color.
A Class C manufactured home shall:
1.
Have more than three hundred and twenty (320) square feet of occupied
space in a single, double, expando, or multi-section unit (including those
with add-a-room units);
2.
Be placed onto a support system in accordance with approved installation
standards as specified in Section 25 (3) (b);
3.
Be enclosed with foundation siding/skirting in accordance with approved
installation standards as specified in Section 25 (3)(b);
4.
5.
Construction and Safety Standards Code as of June 15, 1976;
6.
Be in good repair and free of structural, electrical, mechanical, and plumbing
defects, any of which must be corrected prior to placement.
10-10.25A
(d)
(3)
BEND CODE
10-10.25A
A Class D manufactured home is any such unit built prior to June 15, 1976, and
under ORS Chapter 481 is not defined as a recreation vehicle. For purposes of
determining appropriateness for placement, Class D manufactured homes shall:
1.
Have more than three hundred and twenty (320) square feet of occupied
space;
2.
Be placed onto support system in accordance with approved installation
standards as specified in Section 25 (3) (b);
3.
Be enclosed with foundation siding/skirting in accordance with approved
installation standards as specified in Section 25 (3)(b);
4.
5.
Be in good repair and free of structural, electrical, mechanical, and plumbing
defects, any of which must be corrected prior to placement.
Manufactured Home Placement Standards. All manufactured homes placed within the City
after the effective date of adoption of this ordinance shall comply with the following:
(a)
(b)
As defined in Section 25 (2), each manufactured home shall be classified as Class A,
B, C, or D, and shall be permitted within the following areas:
1.
Class A - Permitted in the RS zone and in manufactured home parks, and as
replacements to existing nonconforming manufactured homes.
2.
Class B - Permitted in manufactured home subdivisions approved as a
conditional use in the RS Zone and manufactured home parks; also
permitted as replacements to existing nonconforming manufactured homes
which would classify as Class B, C, or D.
3.
Class C - Permitted in all manufactured home parks. Also allowed as
replacements to existing nonconforming manufactured homes in a
manufactured home subdivision or park for units which would classify as
Class C or D and as replacements to any other Class D unit.
4.
Class D - Permitted only in manufactured home parks.
Foundations/Skirting Support Systems:
10-10.25A
BEND CODE
10-10.25A
1.
All load bearing foundations, supports, and enclosures shall be installed in
conformance with the Oregon Department of Commerce regulations and
with the manufacturer's installation specifications (Reference OAR, Chapter
814, Division 23).
2.
All Class A and Class B manufactured homes outside of manufactured home
parks shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured dwelling is located not
more than 12 inches above grade.
3.
Classes A and B manufactured homes inside of manufactured home parks
and Classes C and D manufactured homes must have enclosed perimeter as
specified above or be installed with an approved foundation siding/skirting
enclosing the entire perimeter of the home. Foundation siding/skirting and
backup framing shall be weather-resistent, noncombustible, or selfextinguishing materials which blend with the exterior siding of the home.
Below-grade level and for a minimum distance of six (6) inches above finish
grade, the materials shall be resistant to decay or oxidation. The siding shall
be installed in accordance with manufacturer's recommendation or approved
equal standards.
(c)
Except for a structure which conforms to the state definition of a mobile home
accessory structure, no other extension shall be attached to a manufactured home,
except a garage or carport constructed to the Oregon State Structural Specialty Code.
(d)
All manufactured home lots and spaces shall be provided with storm drainage,
sanitary sewer, electric, telephone, and potable water utility services with easements
dedicated where necessary to provide such services. All such utilities shall be
located underground unless waived by the Planning Director where underground
service would require an exception to local prevalent conditions.
(e)
Manufactured homes shall not be used for living purposes unless connected to local
water, sewers, and electrical systems.
(4) Placement Permits.
(a)
Requirements. Prior to the location, relocation, or establishment of any
manufactured home, the homeowner or authorized representative shall secure from
the Building Official a placement permit which states that the building and its
location conform with this ordinance. Each application for a placement permit shall
be accompanied by:
1.
A plot plan as required for all dwelling units but which at a minimum
includes elevations or photographs of all sides of the home, exterior
dimensions, roof materials, foundation support system, and enclosure
10-10.25A
BEND CODE
design;
10-10.25A
10-10.25A
BEND CODE
10-10.25A
2.
A copy of the manufacturer's approved instructions which will be used for
installation purposes, where applicable;
3.
Such other information as may be required by the Building Official or
Planning Director for proper enforcement of this ordinance;
4.
An agreement signed by the homeowner or authorized representative
pledging compliance with the terms set by the Building Official in the
placement permit; and
5.
For a manufactured home park, these requirements may be consolidated
with concurrence of the Building Official for multiple placement in
accordance with the approved park plan.
(b)
Issuance of Permit. After receipt of the information required for the Placement
Permit, the Building Official shall review the standard set forth in this ordinance. If
the applicant has met all required standards, then within ten (10) working days, the
placement permit shall be issued.
(c)
Additional Action Necessary. If, after receipt of the information required for a
Placement Permit, the Building Official finds that the applicant has not fully met the
standards set forth in this ordinance, and the changes or additional actions needed are
deemed by the Building Official to be relatively minor or simple, within ten (10)
working days a conditional approval may be issued with the stated conditions which
must be met prior to occupancy spelled out and the reasons for change clearly stated
in writing. If the applicant agrees in writing to the further conditions, approval is
given and the applicant proceeds. If the applicant does not agree, the application is
denied with reasons stated in writing.
(d)
Denial of Permit. The Building Official may, in writing, suspend or revoke a
Placement Permit issued under the provisions of this ordinance whenever such
permit has been issued in error or on the basis of incorrect information or upon the
failure of the applicant to comply with minimum standards or conditions upon which
the permit approval was issued.
(5) Certificate of Completion
(a)
Occupancy Requirement. Prior to the occupancy of any manufactured home, the
homeowner or authorized representative shall secure from the Building Official a
Certificate of Completion stating that the building and its use comply with all
provisions of the ordinance applicable to the building or the use in the zone in which
it is to be located.
10-10.25A
BEND CODE
10-10.25A
(b)
Issuance of Certificate. After request for a Certificate of Completion, the Building
Official shall inspect the property and make such referrals to other local officials for
technical determinations, as he deems appropriate, for conformance with conditions
of the Placement Permit and the standards set forth in this ordinance. If the applicant
has conformed with all of the required conditions and standards, a Certificate of
Completion shall be issued.
(c)
Temporary Certificate. If, after request for Certificate of Completion and the
examination by the Building Official, it is found that the applicant has not fully met
the required conditions and standards, a temporary Certificate of Completion, along
with a written statement of necessary modifications, may be issued for a period not to
exceed thirty (30) days pending completion of the modifications.
(d)
Denial of Certificate. If any of the major conditions or standards have not been
complied with, the Certificate of Completion shall not be issued and the home shall
not be occupied until such conditions or standards have been met.
(6) Manufactured Home Subdivisions
(a)
Lot Size and Dimension Requirements. The minimum lot area and dimensions
within a manufactured home subdivision shall be the same as that allowed within the
zone.
(b)
Permitted Uses. Manufactured home subdivisions may contain manufactured homes,
and related accessory structures.
(c)
Setbacks. Setbacks for manufactured homes, modular homes, and accessory
structures shall be the same as provided in the zone except that no manufactured
home shall be located within 15 feet of another manufactured home.
(7) Manufactured Home Parks
(a)
Minimum Area Required. All manufactured home parks shall consist of a minimum
area of five acres.
(b)
Density. The maximum number of manufactured homes allowed within a
manufactured home park shall not exceed 10 units per acre. The average area of a
mobile home site shall not be less than 4,000 square feet excluding roadway,
recreation areas, and other accessory facilities. No manufactured home site shall be
less than 2,000 square feet in area.
(c)
Access. Manufactured home park accesses shall be located on public streets
improved to a minimum width of 36 feet and which are improved to a point
intersecting a collector or arterial street.
10-10.25A
BEND CODE
10-10.25A
(d)
Permitted Uses. Manufactured home parks may contain manufactured homes and
accessory structures permitted in Section 25, community laundry and recreation
facilities and other common buildings for use by park residents only, and one
residence other than a manufactured home for the use of a caretaker or a manager
responsible for maintaining or operating the property.
(e)
Minimum Site Requirements.
1.
Park Streets. The minimum surfaced width of the roadway within an
accessway shall be 24 feet if there is no parking allowed and 30 feet if
parking is allowed on both sides. The first 50 feet of the accessway
measured from the public street shall be surfaced to a minimum width of 30
feet and shall be connected to the existing public street according to plans
approved by the City Engineer.
2.
Improvement Standards. The improvement of driveways, walkways, streets,
drainage and other utilities shall conform to adopted State standards for such
or shall conform to the City's standard specifications manual, whichever is
more restrictive.
[Section 25A added by ORD. No. NS-1475 passed July 20, 1988]
[Section 25A (2) amended by ORD. No. NS-1522 passed Dec. 19, 1990]
10-10.26
BEND CODE
10-10.26
Section 26. Special Setback Provisions on Certain Streets.
(1)
Future Width and Special Building Lines - Purpose and Designation of Streets. Because of
heavy or arterial traffic volume and congestion, existing or probable intensive or
commercial development of abutting properties, substandard paving widths, the probability
of inadequate sight distances, and other like conditions affecting traffic safety and light, air,
and vision along streets, the City Council finds that the public health, safety and welfare
require that building setback lines, as hereinafter specified be, and they are hereby,
established on all properties abutting the following named streets and sections of streets.
Where applicable, requirements set forth in this provision shall be in addition to the yard
requirements specified for that zone.
The distances set forth shall be measured from the centerline and at right angles to the
centerline of the street with the required setback of the specific zone to be added to the
special setback listed below.
Street Name
Division Street
Boyd Acres
Studio
Butler Market
27th Street
Neff
Century Drive
Shevlin Park
Galveston
SE 9th Street
Wilson Avenue
(2)
Setback From Center Line to Yard
50 feet
50 feet
50 feet
50 feet
50 feet
50 feet
50 feet
50 feet
50 feet
50 feet
50 feet
Landscape Strips and Special Building Lines - Purpose and Designation of Streets. The
purpose of this provision is to conserve and enhance the appearance of the community along
certain streets of special significance to the community. These streets are the entrance to the
City for the traveling public and the most frequently used streets in the community by the
general public and the deterioration of the general appearance of these streets will adversely
affect the health, safety and general welfare of the people of the City. Therefore, there is
hereby specified and hereby established on all properties abutting the following named
streets and sections of streets a 10 foot building setback line from the street right-of-way
line. Said areas within this special setback shall be landscaped and continuously maintained
by the property owner. Said landscaping shall be installed upon the enlargement of the
principal structure on the property, the expansion of the use on the property or upon the
change in use on any property within the specified section of streets. Where applicable, the
requirements set forth in this provision shall supersede the yard requirements specified for
the zones.
10-10.26
BEND CODE
10-10.26
Street or Section of Street.
Highway 97
North City limits to South City limits
Division Street
From Highway 97 south to Brosterhous Road
Deschutes Place
From Revere Avenue south to Hill Street
Hill Street
From Deschutes Place south to Norton Avenue
Wall Street
From Norton Avenue south to Greenwood Avenue
Riverside Blvd.
From the alley west of Wall Street south to Galveston
Avenue
Galveston Ave.
Riverside Blvd. west to 14th Street
Greenwood Avenue
From east City Limits west to Harriman
14th/Century Drive
Galveston south to City boundary
Penn Ave./Neff Rd.
8th Street east
27th Street
All.
(3)
Compliance Required. It shall be unlawful for any person, firm, or corporation to construct,
erect or locate any building or other structure within any setback lines as established in this
section.
(4)
Variance Procedure. Where practical difficulties, unnecessary hardships and results
inconsistent with the general purpose of this ordinance may result from the strict application
of the provisions of this section, a variance may be granted pursuant to the provisions set
forth in Section 31.
[Section 26(1) amended by ORD. No. NS-1216 passed May 2, 1979]
10-10.26A
BEND CODE
10-10.26A
Section 26A. Solar Setbacks.
(1)
Purpose. The purpose of this section is to provide as much solar access as feasible during
the winter solar heating hours to existing or potential buildings by requiring all new
structures to be constructed as far south on their lots as is feasible and necessary.
(2)
Standards. Every new structure or addition to an existing structure shall meet the following
standards except as provided in (c) below:
(a)
South Wall Protection Standard. The south wall protection standard is established in
Appendix A, and all new structures or additions shall meet this standard if feasible.
If it is not feasible to meet this standard due to physical constraints of the lot,
including but not limited to rock outcroppings, septic systems, existing legal
restrictions, or lot dimensions, as determined by the Planning Director, then the
structure or addition must be located as far to the south on the lot as feasible and
must meet the standard set forth in (b) below.
(b)
South Roof Protection Standard. All new structures or additions to existing
structures shall meet the standard for south roof protection set forth in Appendix B.
(c)
Exceptions.
establishes:
1.
That the structure cannot be located on the lot without violating the
requirements contained in Appendix B; and
2.
That the structure is built with a highest shade producing point as far south
as practical; and
(i)
(ii)
(3)
The south roof protection shall not apply only if the applicant
That the structure is a single family residence with a highest point
less than or equal to 16 feet high; or, if not a single family residence;
That it is a permitted or conditional use for the lot.
Exemptions.
(a)
The governing body may exempt from the provisions of this section any area which
it determines to be already substantially shaded due to heavy vegetation, steep north
facing slopes, and any area or zone in which taller buildings are planned. The
following areas are hereby exempted from the standards of this section:
1.
CB - Central Business Zone
10-10.26A
BEND CODE
10-10.26A
(b)
The Planning Director shall exempt a structure from the provisions of this section if
the structure will shade only a protected area in which solar uses are not feasible
because the protected area is already substantially shaded at the time a request for
exemption is made and approved by the Planning Director.
(c)
Property subject to a solar height restriction.
10-10.26B
BEND CODE
10-10.26B
Section 26B. Solar Access Permit.
(1)
Purpose. The purpose of this section is to provide solar access to productive solar
collectors by establishing limitations, on a case by case basis, for the growth of vegetation
on certain lots in the vicinity of a productive solar collector.
(2)
Application for Solar Access Permit.
(a)
Any owner may submit an application for a solar access permit to provide solar
access for a productive solar collector located on the owner's real property.
(b)
The application for a solar access permit shall be on forms prescribed by the City and
shall contain at a minimum:
1.
A legal description of the applicant's lot; including a statement that the
applicant is the owner of the lot, and a description of the nature of the
applicant's interest in the lot;
2.
Documentation to show that the solar collector is or will be a productive
solar collector within one year of the date of the application.
3.
Descriptive drawings of the solar collector showing its dimensions and
precise locations;
4.
A sun chart and a statement of the solar heating hours for which solar access
is sought;
5.
A statement that there is no reasonable alternative location for the solar
collector that would result in a lesser burden on a neighboring lot;
6.
A statement that trimming the vegetation on the applicant's lot will not
permit an alternative location that would lessen the burden on a neighboring
lot;
7.
A list of the lots that are within 150 feet to the south, southeast, and
southwest of the solar collector, including for each such lot the legal
description; the owner of record and his address; the exempt vegetation
located on the lot; and any existing non-exempt vegetation likely to
encroach on the protected area.
8.
A statement that none of the lots impacted are located on a north facing
slope with a grade that exceeds, on average, 15 percent.
10-10.26B
BEND CODE
9.
(c)
(3)
10-10.26B
A plot plan showing the location of and delineating all exempt and nonexempt vegetation as shown on the sun chart photograph as well as any nonexempt vegetation not shown on the sun chart which may encroach on the
protected area in the future. The plot plan shall also include:
(i)
The exact site of the solar collector, its height and its
orientation,
(ii)
Scale,
(iii)
An indication of true north,
(iv)
A survey of the lot.
The solar access permit application shall be approved if:
1.
The solar collector is or will be a productive solar collector.
2.
The protected area to be created by the solar access permit is reasonably
located. A solar access permit shall be denied under this paragraph if the
applicant could trim his own vegetation to permit an alternative location
that would be less burdensome upon a burdened neighboring lot. A solar
access permit shall also be denied under this paragraph if there is an
alternate location that would impose the least burden on neighboring lot or
lots.
3.
The applicant requests solar heating hours no greater than two hours before
and after the solar zenith from September 22 to March 21, and three hours
before and after the solar zenith from March 22 to September 21.
4.
The solar access provided by the permit would not burden any lot: with a
north facing slope with a grade that exceeds, on average, 15 percent; or
which is more than 150 feet from the solar collector.
5.
The application is accurate and complete.
Solar Access Permit Issuance and Recordation.
(a)
Upon the approval of an application, the City shall issue and acknowledge a solar
access permit creating the solar access requested in the application.
(b)
The applicant shall cause the County Clerk to record the solar access permit in the
chain of title of the applicant's lot and of each neighboring lot identified in the
permit.
10-10.26B
(c)
BEND CODE
10-10.26B
The form of the solar access permit shall be as prescribed by the City and shall
contain at a minimum:
l.
A legal description of the applicant's lot and each neighboring lot to be
burdened by the solar access created by the solar access permit; and
2.
A complete description of the solar access restrictions applicable to each
neighboring lot, including the solar heating hours during which solar access
is provided, and a sun chart showing the platted skyline, including
vegetation and structures, and a scaled drawing showing the size and
location of the protected area and its orientation with respect to true south;
and
3.
A reference to where the approved application may be obtained.
(4)
Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar
access permit shall trim any vegetation not exempted on a burdened lot that shades the
protected area created by the solar access permit, provided that there is no vegetation on the
lot benefited by the solar access permit that also shades the protected area. The cost of such
trimming shall be borne by the owner of the benefited lot if the vegetation existed at the
time of permit application as shown on the plot plan; and for all other vegetation equally by
the owner of the burdened lo and the owner of the benefited lot, unless such owners agree
otherwise. Before any trimming is required the collector owner must certify that the
collector is still productive.
(5)
Termination of Solar Access Permit.
(a)
The Planning Director shall terminate the solar access permit with respect to all or
part of the neighboring lots burdened by the solar access permit if a petition for
termination is submitted by the applicant or the applicant's successor in interest, or
the solar collector is shown to be not productive for a period of at least one year.
(b)
The applicant shall record the termination of the solar access permit the County
Clerk and file proof of said recordation with the Planning Department.
10-10.26C
BEND CODE
10-10.26C
Section 26C. Upland Areas of Special Interest Overlay Zone
As early as 1975, Areas of Special Interest have been identified as important features in the
landscape intended to be preserved as growth occurs. These areas represent potential private and
public open space. The upland features consist of scattered rock outcrops, stands of trees, and
dominant ridges and faults that are typical of the Central Oregon landscape. These areas contain
high points or changes in elevation that break the line of sight so that the area retains a feeling of
undeveloped open space.
(A)
Purpose:
Bend is a
community
that values
its natural
features of
trees and
rocks. This
section of
the
ordinance
will fulfill
the vision of
the Bend
Area
General Plan
to retain and
conserve the
“natural
character” of Bend. Natural resources such as rock
outcroppings, draws, mature trees, natural vegetation and
animal habitat are assets to the community.
The Upland Areas of Special Interest Overlay Zone is
intended to protect valuable natural resources within the
City of Bend’s Urban Growth Boundary while ensuring
reasonable use of the property. This section of the
ordinance will establish clear and objective design and
development standards to protect these resources and
preserve and enhance this vision for Bend’s future
livability.
(B)
Applicability:
10-10.26C
BEND CODE
10-10.26C
1. Affected Property. The procedures and requirements of the Upland Areas of Special
Interest Overlay Zone apply to any real property designated as having an ASI as
mapped on the Bend Area General Plan map and the City Zoning Map. These
standards shall be in addition to the standards of the underlying zone.
2. Activities Subject to Review. Unless specifically exempted from review as described
in Section (C)(3), activities subject to review and which require a permit, shall
include all development on properties described below:
a)
b)
c)
d)
e)
Partitioning and subdividing of land.
New structural development.
Exterior expansion of any building or structure, or increases in impervious
surfaces or storage areas.
Site modifications including grading, excavation or fill, installation of new
utilities, construction of roads, driveways, or paths.
Removal of trees or cutting or clearing of any native vegetation within the
Upland Area of Special Interest.
3. Exemptions. Activities exempt from this section of the ordinance include:
a)
The sale of property.
b)
Temporary emergency action necessary for the safety and protection of
property or the public.
c)
Commercial forest practices regulated by the Oregon Forest Practices Act.
(C)
ASI Review Process. For all activity subject to the Upland Area of Special Interest
Overlay review, the following shall apply:
(a)
(b)
(c)
(D)
The ASI Review shall be processed as a “Land Use Permit” as defined in the City
Procedures Ordinance. When practicable, the ASI Review shall be processed
concurrently with other land use permits.
The ASI Review application is subject to the provisions of this Chapter.
The ASI Review application shall be filed on a form provided by the City and
shall be accompanied by a filing fee, drawings and information specified in this
Chapter.
Development Standards. The ASI Boundary is delineated by the outside edge of the
boundary line shown on the Bend Area General Plan map and the City Zoning Map. No
development as defined in this Chapter shall occur within an Upland Area of Special
Interest boundary unless expressly permitted by the provisions of this Chapter.
The Development Standards shall apply to structures, fences, impervious surfaces
including streets and driveways except where provided for in this Section and
landscaping as described in Section (E)(5). In addition, No stock piling of fill materials,
10-10.26C
BEND CODE
10-10.26C
parking or storage of equipment or personal property shall be placed within an Upland
Area of Special Interest.
1. Setbacks. There shall be a 25-foot setback from the ASI boundary for all structures
requiring a building permit to provide adequate fire fuel break and to reduce the
visual impact to the Area of Special Interest.
This additional setback area may be used in addition to the ASI area to calculate any
density credit.
The permanent alteration of an Upland Area of Special Interest by grading, excavation or
fill, the placement of impervious surfaces, or by the removal of existing vegetation is
only permitted in association with the following enumerated uses and subject to the
requirements:
2. Streets and driveways. Public or private streets and driveways may be placed
within an Upland Area of Special Interest to access development activities if it is
shown that no other practicable method of access exists. If allowed, the applicant
shall demonstrate that:
(c)
(d)
(e)
No other practicable access to the buildable area exists, or access from an
off-site location through the use of easements is not possible;
Roads and driveways are designed to be the minimum width necessary and
the minimum intrusion into the Upland Area of Special Interest while also
allowing safe passage of vehicles and/or pedestrians;
The need for future extensions of shared access, access easements, or private
streets to access potential new building sites have been considered at the time
of this application in order to avoid subsequent encroachments into an
Upland Area of Special Interest.
3. Utilities and Drainage Facilities. Public and private utilities or drainage facilities
may be placed underground within an Upland Area of Special Interest when it is
shown that no other practicable alternative location exists. If allowed, the applicant
shall demonstrate that:
(a)
No other practicable access exists or access from an off-site location
through the use of easements is not possible;
(b)
The corridor necessary to construct utilities shall be the minimum width
practicable.
(c)
Removal of existing trees and native vegetation shall be avoided unless
absolutely necessary.
Any permanent alteration of an Upland Area of Special Interest by the
construction of public or private streets, driveways, utilities or drainage
facilities is subject to the mitigation requirements under Section (G) of
10-10.26C
BEND CODE
10-10.26C
this Chapter.
4. Removal of Vegetation. Removal of existing vegetation from an Upland Area of
Special Interest is prohibited, except as indicated below:
(a)
A tree in danger of falling and thereby posing a hazard to life or property
may be removed, following an assessment evaluation from a Qualified
Professional. If no hazard will be created, the tree or snag may be
required to be left in place within the Upland Area of Special Interest to
provide wildlife habitat.
(b)
Diseased or dying trees that may pose a threat to the health of surrounding
vegetation as determined by a Qualified Professional.
(c)
The removal of noxious weeds and non-native grasses (e.g. knap weed,
toad flax or cheat grass) is encouraged when practicable with minimal
disturbance to the ASI.
5. Enhancement of an Upland Area of Special Interest. Planting of additional
vegetation within an Upland Area of Special Interest is permitted as indicated below:
(a)
Plant materials shall be native to Central Oregon and similar to the existing
plant species in the vicinity of the ASI.
d)
No permanent irrigation shall be installed.
6. Development Credit. When an applicant preserves an Upland Area of Special
Interest, the development potential for the preserved area may be transferred to the
balance of the parcel for development or applied to the subject property as indicated
below:
a)
For residential lands where the property owner preserves an Upland Area
of Special Interest, the property owner shall receive a density credit
equivalent to the area being preserved as determined through the land use
permit process.
b)
Where the applicant preserves an Upland Area of Special Interest, the
property owner may initiate one or more of the activities listed below,
provided that the compensation does not exceed the benefit of the ASI
protection as determined through the land use permit process.
•
•
substitute the preserved ASI as the equivalent required on-site
landscaping;
receive up to 10% reduction in the required on-site parking spaces;
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•
•
(E)
10-10.26C
reduce the front yard setback up to 50% of the standards required
for the applicable zone;
develop accessory dwelling units on lots abutting an area of special
interest.
c)
For subdivision development, where the applicant preserves an Upland
Area of Special Interest, the property owner may incorporate flexible lot
development standards typical of a P.U.D. when the area of special
interest occupies more than 20% of the subject property.
d)
Opportunities for tax benefit in accordance with the provisions of the
Deschutes County Tax Assessor.
Exceptions and Variances. An exception or variance to the provisions of this ordinance
shall apply to property where no further land division is feasible. An exception or
variance is permitted only when considered necessary to allow reasonable economic use
of the subject property or to provide public benefit.
1.
Exceptions.
a) Properties which have existing structures or site development within an ASI
on the effective date of this Chapter, and which do not conform to the
standards stated herein, shall be considered non-conforming.
b) For existing platted lots where the location of an Upland Area of Special
Interest results in a building area depth for a single family dwelling of 25 feet
or less or a building envelope of 800 square feet or less, or a commercial
building area depth of 100 feet, the front and side yard setbacks may be
reduced up to 50% of the standard required for the applicable zone.
c) For existing platted lots where the entire lot is located within an ASI, the
property may be developed with permitted uses, subject to the applicable land
use review, in a manner that will have the least impact to the ASI.
d) The construction of public trails or paths that provide public access into the
preserved Upland Areas of Special Interest.
2. Variances. A variance shall only apply to property where strict interpretation of the
standards would preclude reasonable use of the land that could be expected to occur
in the zone, and that the property owner would be precluded a substantial property
right enjoyed by the majority of landowners in the vicinity.
Criteria: No variance request shall be granted unless the applicant can establish:
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10-10.26C
(a)
That special conditions exit which are peculiar to the subject property
which make conformance to the standards of this Chapter impractical.
(b)
The variance is the minimal deviance from the standards of this chapter
needed to accomplish the objective.
(c)
The varied standard will conform to the purpose and objectives of the
Bend Area General Plan and this Chapter.
In any case, the granting of a variance shall not adversely affect the potential for public
access into an Area of Special Interest, adequate provision for fire protection or the visual
integrity of the Area of Special Interest.
A variance to the standards of this Chapter shall be processed as a “Land Use Permit” as
defined in the City Procedures Ordinance. The Review Authority may attach conditions
to any variance granted to insure that the variance meets the objectives of the Bend Area
General Plan and this Chapter.
(F) Areas of Special Interest Mitigation Standards. The development activities listed in
Section (C) and (E) may trigger a requirement for mitigation. When a proposed
development impacts an Upland Area of Special Interest by grading, excavation, or fill,
the placement of impervious surfaces, or by the removal of vegetation, a mitigation plan
prepared by a qualified professional shall be submitted to the review authority. The
mitigation plan shall include the following:
(G)
(a)
The location of the impact, the existing conditions and area size of the
resource prior to impact, the location and size of the proposed mitigation area,
and a proposed mitigation plan that represents a 1:1 replacement value;
(b)
All proposed vegetation planted within the mitigation area shall be native to
the region and similar to the vegetation removed. Species to be planted in the
mitigation area shall replace those impacted by the development activity at a
2:1 ratio;
(c)
Additional mitigation measures may be required based on the nature of the
impact such as:
•
Site reclamation
•
Screening of structures, cuts or fills
•
Increased vegetative quantities and/or sizes
Standards for Designating New Upland Areas of Special Interest. Any individual or
organization may apply for designating new Upland Areas of Special Interest.
Designation of new areas shall be coordinated with the affected property owners. An
“Upland Area of Special Interest” designation may be imposed or modified pursuant to
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10-10.26C
an ASI analysis. During January of each “odd numbered” calendar year, individuals may
apply to the City for new ASI designations to be added to the General Plan and zoning
maps. The City will process applications received during this time without fee. During
the same time period, the City shall review City owned properties for potential new ASI
designations. A new designation shall be processed as a map amendment to both the
General Plan and Zoning maps pursuant to the City of Bend Procedures Ordinance and
this Section.
Procedure.
1. The applicant shall file an application for a General Plan Map amendment and Zoning
map amendment on a form provided by the City and shall be accompanied by a filing fee,
drawings and appropriate information.
2. The Review Authority shall conduct an evaluation. Using the “ASI” Analysis
Methodology, the outcome of the analysis must establish that the proposed sites merit
resource protection as an “Area of Special Interest” in order to proceed.
ASI Analysis Methodology. The City shall evaluate potential Upland Areas of Special Interest
using the 1999 Natural Areas Scoring System (NASS) developed by the Bend Urban Land Survey
team. The NASS is a numerical ranking which represent the relative values of a natural resource
site. The following nine criteria and scoring system are used to determine the total assessment score:
10-10.26C
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10-10.26C
Natural Area Scoring System
Score
Explanation
Existing Site Use
Criteria
6
4
2
0
Undeveloped
Minor development
Significant development
Development that substantially reduces open
space value
Habitat Value
6
Supports a broad diversity of bird and/or animal
life
Supports moderate diversity of bird and/or animal
life
Limited habitat value
Almost no habitat value
4
2
0
Trees and Vegetation
6
4
Natural Features
2
0
6
Conflict with Adjacent Land Use
4
2
0
6
4
2
0
Wildlife Linkages
6
Scenic Resources
4
2
0
6
4
2
0
Mature trees, quality riparian vegetation or other
significant vegetation
Some trees, other lower quality vegetation
Little significant vegetation
Almost no vegetation
Uncommon or outstanding natural features
Natural features of good quality
Natural features are not distinctive
Almost no natural features
No Conflicts
Slight conflicts
Moderate conflicts
Severe conflicts
Quality connections to other wildlife areas
Some connections
Minor connections
No connections
Highly attractive scenic resources
Moderately attractive
Limited scenic value
Unattractive
Public Access
6
4
2
0
Potential for high use
Potential for moderate use
Low potential for use
No potential for use
Type of Water Present
6
4
Has a variety of flows
Year-round water source of good quality
Seasonal water
No water or low quality water source
2
0
10-10.26C
(H)
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10-10.26C
Delineation of New Upland Areas of Special Interest. The ASI delineation is a more
precise determination of the location of the designated area. The delineation is
determined by several factors including but not limited to the topographical contours, the
presence of significant trees and an on-site field location conducted by the Review
Authority.
(a)
Topography. The boundary of the designated area will be determined to be at the
toe of the slope or slope transition for upland features as illustrated on an adopted
map specific to each ASI unless otherwise determined by the Review Authority
based on field observation.
(b)
Significant Trees. The ASI boundary may include significant trees as defined in
this ordinance measured at the outer edge of the tree canopy based on aerial
photos and field observation.
(c)
Evaluation Methodology: A potential new site within the “Upland Feature”
category would be evaluated using the following method.
Upland features are natural areas consisting of geologic features and / or vegetation that
provide visual and spatial breaks in the developed landscape.
ASI #4 on the east side of 15th Street
Upland Features
1. Use the following three criteria:
a.
Scenic Resources
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10-10.26C
b.
Existing Site Use
c.
Natural Features
2. Apply the NASS scoring system for these criteria
3. The combined score must total a minimum of 10 points.
Proposed new sites in the Upland feature category with a minimum score of 10 points
would be subject to a second review using all nine NASS criteria. Under the second
review, the site must total a minimum of 20 points to be further considered for
adoption as an Upland Area of Special Interest.
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10-10.26C
Exhibit B
The definition section for the Upland Areas of Special Interest Overlay Zone shown below will be
added to the existing Section 10.10.4. Where necessary, the existing text of the definitions will be
amended.
Definitions:
Upland Area of Special Interest: Areas identified and mapped on the Bend Area General
Plan Map and the City of Bend Zoning Map as having significant natural features and /or
habitat. Also referred to as ASI.
“City”: means City of Bend.
Chapter: means the chapter untitled “Upland Areas of Special Interest Overlay Zone.
Delineation: An analysis of a resource by a qualified professional that determines its
boundary according to an approved methodology.
Development: Any human caused change to improved or unimproved property,
including but not limited to buildings or other structures, mining dredging, filling,
grading, paving, excavation or drilling operations located within or adjacent to an area of
special interest.
Excavation: Removal of organic or inorganic material (e.g. soil, sand, sediment) by
human action.
Fill: Deposition of organic or inorganic material (e.g. soil, sand, sediment) by human
action.
Grade, existing:
The actual ground surface as naturally occurring formations.
Grading: The clearing, grubbing, excavating or filling of a site.
Habitat: The area or type of environment in which an organism or biological population
normally lives or occurs.
Impervious Surface: Any material (e.g. rooftops, asphalt, concrete) which reduces or
prevents absorption of water into soil.
Mitigation: A means of compensating for impacts to an Area of Special Interest or its
buffer including but not limited to: restoration, creation, or enhancement.
N.A.S.S.: Acronym for Natural Area Scoring System
Native Vegetation: Plants identified as naturally occurring and historically found
within Central Oregon.
10-10.26C
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10-10.26C
Qualified Professional:
An individual approved by the City with academic and
field experience that provides he/she with expertise in natural resources and urban
forestry. This may include arborists certified by the International Society of
Aboriculture, or certified forester by the Society of American Foresters or other
professionals acceptable to the City.
Review Authority:
Includes the Planning Director or designee, Planning commission,
Hearings Officer, or City Council for the City of Bend.
Significant Trees:
Those healthy, coniferous trees having a main trunk diameter of
twelve (12) inches or greater excepting native juniper trees having a trunk diameter of
eight (8) inches or greater and deciduous trees having a main trunk diameter of six (6)
inches or greater measured at a distance 4.5 feet above the existing grade.
Slope Transition:
The area where the natural grade of an upland feature changes
from relatively level terrain to an up or down sloping terrain.
Tree: means any woody, perennial plant characterized by having a main stem of trunk,
six inches or more in diameter 4.5 feet above natural grade.
Upland features: are natural areas consisting of geologic features and / or vegetation that
provide visual and spatial breaks in the developed landscape.
10-10.26C
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Exhibit C
[Section 26C added by Ord. NS-1803, passed September 19, 2001]
10-10.26C
10-10.27
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10-10.27
Section 27. Interpretations and Exceptions.
(1)
General Exceptions to Lot Size Requirements. If at the time of passage of this ordinance, or
annexation to the City, a lot, or the aggregate of contiguous lots or land parcels held in a
single ownership, has an area of dimension less than required for the zone in which the
property is located, the lot or aggregate holdings may be occupied by any permitted use in
the zone subject to compliance with all other requirements of the zone; provided, however,
that the use of a lot in an "R" zone which has an area deficiency shall be limited to a singlefamily dwelling
(2)
Accessory Structures and Uses.
(a)
A greenhouse or hothouse may be maintained accessory to a dwelling provided there
are no sales.
(b)
A guest house may be maintained accessory to a dwelling provided there are no
cooking facilities.
(c)
An accessory building shall not be located within 10 feet of a principal dwelling
existing or under construction on the same lot.
(d)
Fences may be located in a required front yard provided that clear vision
requirements are met.
(e)
Solar panels, collectors, or other similar solar devices may be maintained as
accessory structures.
(3)
Exception to Height Regulations. Height limitations set forth elsewhere in this ordinance
shall not apply to barns, silos, water towers and tanks or other farm buildings and structures,
provided they are not less than 50 feet from every lot line; chimneys, church spires, belfries,
cupolas, hose towers, masts, aerials, elevator shafts and other similar projection; and
outdoor theater screens, provided said screens contain no advertising matter other than the
name of the theater. This exception does not apply to the solar access provisions of Sections
26A and 26B.
(4)
Frontage. Except as permitted by other provisions of this ordinance, no lot shall contain any
building used in whole or in part for residential purposes unless said lot abuts a street for a
distance of at least 30 feet.
10-10.27
(5)
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10-10.27
Establishment and Measure of Clear Vision Areas. In all zones, on all corners adjacent to
the intersection of two streets, an alley and a street or of a street and railroad, within a
triangle formed by the street lines of such building site (ignoring any corner radius) and a
line drawn between points on such street lines at designated distances from the intersection
thereof, there shall be no fence, wall, hedge, building or any other obstruction to vision
other than a post column or tree trunk (clear of branches or foliage) between a height of two
feet and a height of eight feet above the level of the curb, or of the level of the above
mentioned point of intersection if the streets are sloping.
A clear vision area shall consist of a triangular area two sides of which are lot lines
measured from the corner intersection of the street lot lines for a distance specified in this
regulation, or, where the lot lines have rounded corners, the lot line extended in a straight
line to a point of intersection and so measured, and the third side of which is a line across
the corner of the lot joining the non-intersection ends of the other two sides. The following
measurements shall establish clear vision areas within the urban area:
(a)
In all commercial and industrial zones except the CB Zone the minimum distance
shall be 15 feet. However, at the intersection of an alley and a street, the distance
shall be 10 feet.
(b)
In all residential zones, the minimum distance shall be in relationship to street and
road right-of-way widths as follows except at intersections of an alley and a street in
a residential zone, the minimum distance shall be 15 feet.
R.O.W. Width
Clear Vision Measurement
80 feet and more
60 feet
50 feet
(6)
20 feet
30 feet
40 feet
Exceptions to Yard Requirements.
(a)
Projections into required yards: Certain architectural features may project into
required yards or courts as follows: cornices, canopies, eaves belt courses, sills, or
other similar architectural features, or fireplaces, but these may not in any case
extend more than 18 inches into any required yard area. Fire escapes, openuncovered porches, balconies, landing places or outside stairways may not in any
case extend more than 18 inches into any required side or rear yards, and not
exceeding 6 feet into any required front yard. This is not to be construed as
prohibiting open porches or stoops not exceeding 18 inches in height and not
approaching closer than 18 inches to any lot line.
(b)
Exceptions to front yard requirements: If there are dwellings on both abutting lots
with front yards less than required depth for the district, the front yard for the lot
need not exceed the average front yard of the abutting dwellings. If there is a
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10-10.27
dwelling on one abutting lot with a front yard of less than the required depth for the
zone, the front yard need not exceed a depth one-half way between the depth of the
front yard on the abutting lot and the required front yard depth.
10-10.27
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10-10.27
Residential use in Commercial or Industrial Zones: Any structure in a "C" or "I"
Zone designed and used for residential purposes shall comply with the requirements
of the RH Zone. Structures in any "C" or "I" Zone which contain dwelling units not
on the ground floor need not comply with RH residential zone yard, height,
landscaping, and storage requirements. Provided, however, that such structures
comply with the motor vehicle and bicycle parking requirements and with other
applicable codes or regulations as may exist concerning the health and safety aspects
of the dwelling units.
(7)
Authorization for Similar Uses. The Planning Commission may rule that a use, not
specifically named in the permitted or conditional uses of this ordinance, shall be included
among the permitted outright or Conditional Uses, if the use is of the same general type and
is similar to the permitted or conditional uses of that zone.
(8)
Existing Uses. Except as hereinafter specified, any use, building or structure lawfully
existing at the time of the enactment of this ordinance, may be continued even though such
use, building or structure may not conform to the provisions of this ordinance for the zone in
which it is located; provided, however, that this section does not apply to any use, building
or structure established in violation of any zoning ordinance previously in effect.
(9)
Pending Building Permits. Nothing herein shall require any change in the location, plans,
construction, size, or designated use of any development, building, structure, or part thereof,
for which the required official approval and City building permit have been granted prior to
the adoption of this ordinance, or which was lawfully permitted and under construction
within an area prior to annexation thereof to the City of Bend. Unless construction of such
building or structure within the City begins within 60 days after the adoption of this
ordinance, no such existing permit shall be deemed to allow any building or use which
would not conform to the requirements of this ordinance.
(11)
Existing Land Restrictions. It is not intended by this ordinance to interfere with or abrogate
or annul any easements, covenants or other agreements between parties; provided, however,
that where this ordinance imposes a greater restriction upon the use of buildings or premises
or upon height of buildings, or requires larger open spaces than are imposed or required by
other ordinances, rules, regulations or by easements, covenants, or agreements, the
provisions of this ordinance shall govern.
[Section 27(2)(d) amended by ORD. No. NS-1487 passed December 21, 1988]
[Section 27(10) amended and repealed by Ord. NS-1584 passed March 3, 1993]
[Section 27(6)(b) amended by ORD. No. NS-1614 passed May 18, 1994]
[Section 27(12) Repealed by ORD No. NS-1846 passed November 20, 2002]
10-10.27
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10-10.27
10-10.28
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10-10.28
Section 28. Nonconforming Uses. A use lawfully occupying a structure or site on the effective date
of this ordinance or of amendments thereto, which does not conform to the use regulations for the
zone in which it is located, shall be deemed to be a nonconforming use and may be continued,
subject to the following regulations:
(1)
Routine maintenance and repairs may be performed on structures or sites, the use of which is
nonconforming.
(2)
No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless
required by law or unless the moving, alteration or enlargement will result in the elimination
of the nonconforming use.
(3)
No structure partially occupied by a nonconforming use shall be moved, altered or enlarged
in such a way as to permit the enlargement of the space occupied by the nonconforming use.
(4)
The Hearings Body may grant an application for a change of use, filed in accordance with
the provisions of Section 29, if, on the basis of the application and the evidence submitted,
they make the following findings:
(5)
(a)
That the proposed use is classified in a more restrictive category than existing or
preexisting use by the zoning regulations of this ordinance. The classifications of a
nonconforming use shall be determined on the basis of the zone in which it is first
permitted, provided that a conditional use shall be deemed to be in a less restrictive
category than a permitted use in the same zone.
(b)
That the proposed use will not more adversely affect the character of the zone in
which it is proposed to be located than the existing or preexisting use.
(c)
That the change of use will not result in the enlargement of the space occupied by a
nonconforming use, except that a nonconforming use of a building may be extended
throughout those parts of a building which were designed or arranged for such use
prior to the date when such use of the building became nonconforming provided that
no structural alteration, except those required by law, are made.
If a nonconforming use has been changed to a conforming use, or if the nonconforming use
of a building, structure or premises ceases for the period of one year or more, said use shall
be considered abandoned, and said building, structure or premises shall thereafter be used
only for uses permitted as a matter of right or as a conditional use in the zone in which it is
located.
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10-10.28
(6)
If a structure containing a nonconforming use is destroyed by any cause to an extent
exceeding 60 percent of the appraised value of the structure as determined by the records of
the County Assessor for the year preceding destruction, a future structure or use on the
property shall conform to the regulations for the zone in which it is located.
(7)
Nothing contained in this ordinance shall require any change in the plans, construction,
alteration, or designated use of a structure for which a valid permit exists prior to the
adoption of this ordinance and subsequent amendments thereto, except that if the designated
use will be nonconforming, it shall for the purposes of Subsection (5) of Section 28 be an
abandoned use if not in operation within one year of the date of issuance of the building
permit.
(8)
If a building or structure, in existence on the effective date of this ordinance and subject to
any yard, location or coverage restriction imposed by this ordinance, fails to comply with
such restriction, such building or structure may be enlarged or altered to the extent that such
alteration or enlargement does not itself encroach upon a required yard or violate a location
restriction or so increase the area of the building or structure that it violates the coverage
restriction; but this right shall be subject to all other restrictions contained in this ordinance.
(9)
If an existing nonconforming use, or portion thereof, not housed or enclosed within a
structure, occupies a portion of a lot or parcel of land on the effective date hereof, the area of
such use may not be expanded, nor shall the use, or any part thereof, be moved to any other
portion of the property not theretofore regularly and actually occupied by such use; provided,
that this shall not apply where such increase in area is for the purpose of increasing an offstreet parking or loading facility to the area specified in this ordinance for the activity carried
on in the property; and provided, further that this shall not be construed as permitted
unenclosed commercial activities where otherwise prohibited by this ordinance.
(10)
A use which was lawful by reason of a variance may be conducted only on the term of the
original permit or variance granted and subject to all limitations under which the permit or
variance was awarded.
10-10.29
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10-10.29
Section 29. Conditional Use Permits.
(1)
Purpose. In certain zones, conditional uses may be permitted subject to the granting of a
Conditional Use Permit. Because of their unusual characteristics, or the special
characteristics of the area in which they are to be located, conditional uses require special
consideration so that they may be properly located with respect to the objectives of this
ordinance and their effect on surrounding properties.
(2)
Approval Authority. The Approval Authority shall have the authority to approve, approve
with conditions, or disapprove Conditional Use Permit subject to the provisions of this
section.
(3)
General Conditional Use Permit Criteria. A Conditional Use Permit may be granted only
upon findings by the Approval Authority that the proposal meets all of the criteria in this
section, as well as all other applicable criteria contained in this ordinance. The general
criteria are:
(4)
(a)
That the location, size, design and operating characteristics of the proposed use are
such that it will have a minimal adverse impact on the property value, livability and
permissible development of the surrounding area. Consideration shall be given to
compatibility in terms of scale, coverage, and density, to the alteration of traffic
patterns and the capacity of surrounding streets, and to any other relevant impact of
the proposed use.
(b)
That the site planning of the proposed use will, as far as reasonably possible, provide
an aesthetically pleasing and functional environment to the highest degree consistent
with the nature of the use and the given setting.
(c)
If the use is permitted outright in another zone, that there is substantial reason for
locating the use in an area where it is only conditionally allowed, as opposed to an
area where it is permitted outright.
(d)
That the proposed use will be consistent with the purposes of this ordinance, the
Comprehensive Plan, Statewide Goals, and any other statutes, ordinances or policies
that may be applicable.
Application. A request for a conditional use may be initiated by a property owner or his
authorized agent by filing an application with the City Planning Director. The application
shall be accompanied by a site plan, drawn to scale, showing the dimensions and
arrangement of the proposed development. The Approval Authority may request other
drawings or material essential to an understanding of the proposed use and its relationship to
the surrounding properties.
10-10.29
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10-10.29
10-10.30
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10-10.30
Section 30. Planned Unit Development Approval. The purpose of Planned Unit Development
Approval is to allow and to make possible greater variety and diversification in the relationships
between buildings and open spaces in planned building groups, while insuring compliance with the
purposes and objectives of the various zoning regulations and the intent and purpose of this
ordinance.
(1)
Approval Authority Required. Where use is made of the Planned Unit Development process
as provided in this section, no building or other permit shall be issued for such development
or part thereof until the Planned Unit Development has been approved as a Type II
development.
(2)
Application. The owner or authorized agent may file an application for Planned Unit
Development Approval. The application shall be accompanied by a filing fee in an amount
established by the City Council.
(3)
Minimum Size for Planned Unit Developments. No application shall be made for an area of
less than 5 acres in any "R" Zone, or for an area of less than 4 acres in any other zone.
(4)
Limitation on Application. No application shall be accepted for a use which will require a
change of zone unless accompanied by an application for a zoning amendment as set forth in
Section 33.
(5)
Plan Required. All applications shall be accompanied by a general development plan drawn
to scale showing the use or uses, dimensions and locations of proposed structures and of
areas to be reserved for vehicular and pedestrian circulation, parking, public uses,
landscaping and other open spaces, and drawings and sketches demonstrating the design and
character of the proposed uses and the physical relationships of the uses. Such other
pertinent information shall be included as may be considered necessary by the Approval
Authority to make a determination that the contemplated arrangement or use makes it
necessary and desirable to apply regulations and requirements differing from those ordinarily
applicable under this ordinance and the Subdivision Ordinance.
(6)
Standards for Approval. In granting approval for Planned Unit Developments the Approval
Authority shall be guided by the following:
(a)
The applicant has, through investigation, planning and programming, demonstrated
the soundness of his proposal and his ability to carry out the project as proposed, and
that the construction shall begin within six months of the conclusion of any necessary
action by the City, or within such longer period of time as may be established by the
Hearings Body.
(b)
The proposal conforms with the general plans of the City in terms of location and
general development standards.
10-10.30
(7)
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10-10.30
(c)
The project will accrue benefits to the City and the general public in terms of need,
convenience, service and appearance sufficient to justify any necessary exceptions to
the regulations of the Zoning and Subdivision Ordinance.
(d)
The project will satisfactorily take care of the traffic it generates by means of
adequate off-street parking, access points and additional street right-of-way and
improvements and any other traffic facilities required.
(e)
The project will be compatible with adjacent developments and will not adversely
affect the character of the area.
(f)
The project will satisfactorily take care of sewer and water needs consistent with
City policy and plans.
(g)
A Planned Unit Development shall not be approved in any "R" Zone if the housing
density of the proposed development will result in an intensity of land use greater
than permitted by the Comprehensive Plan.
Standards and Requirements. Approval of a request for a Planned Unit Development is
dependent upon the submission of an acceptable plan and satisfactory assurance that it will
be carried out. The following minimum standards and requirements shall apply:
(a)
A dwelling use permitted in any zone may be permitted in a PUD.
(b)
A mobile home may be permitted in a PUD. However, mobile home parks shall not
be allowed in any commercial or industrial zone.
(c)
Developments which either provide for or contemplate private streets and ways and
common areas which will be or are proposed to be maintained by the owners of units
or lots within a development must organize and maintain an owner's association.
The owner's association shall consist of all the owners of units or lots within the
development and membership in the association must be required of all owners;
adopt and record bylaws as provided by ORS 91.555; adopt bylaws that contain the
provisions required by ORS 91.560; and have the power to create a lien upon the unit
or lot for services, labor or material lawfully chargeable as common expenses as
provided in ORS 91.580. The association's power to create such a lien shall exist
whether or not the property is submitted to the Oregon Unit Ownership Law (ORS
91.505 - 91.675).
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10-10.30
(d)
If the property is not submitted to the Unit Ownership Law the association shall also
create by contract the right to claim a lien upon any unit or lot for services, labor or
material chargeable as common expenses. This lien may be created by covenants
between the association and the property owners and shall supplement the lien
created by (c) above, be approved by the City and require all owners of units or lots
within the development to consent to and pay the reasonable value of services, labor
or material expended by the City for common expenses where such City expenditures
are made because the owners or the owner's association does not provide the
necessary services, labor or material for common expenses.
(e)
Streets and roads in PUD designated developments shall be public roads and ways
developed to City standards or be private roads of a minimum 14 feet wide paved
surface for one-way traffic; minimum 20 feet wide paved surface for two-way traffic;
parallel parking as permitted shall require minimum additional 8 feet of width for
each side of parking; if pedestrian walkways or bikeways are included in the road an
additional 5 feet of pavement width on each side of the roadway shall be provided
and striped to separate such use from motor vehicle traffic and parking. In addition
to these requirements the hearings body may specify other requirements including
but not limited to increased or decreased pavement width.
(f)
Pedestrian walkways and bikeways shall be provided for adequate internal pedestrian
and bicycle traffic and shall connect to any adjacent existing or planned sidewalks,
bikeways, access corridors, or public trails. Off-street pedestrian walkways and
bikeways shall be at least 10 feet in width to accommodate two way traffic and shall
be constructed with portland cement or asphaltic concrete to City standards except as
varied by the provisions of this section or by the Approval Authority.
(g)
All utility facilities shall be installed underground and in accordance with City
standards.
(h)
The design of all PUD projects shall provide direct access for all units and lots to
open space areas and facilities. Open space areas and facilities include such things as
landscaped areas, natural areas, golf courses, and other recreational facilities, but do
not include streets, sidewalks, bikeways, access corridors, or trails.
(i)
A statement relative to the solar access to be provided by the Planned Unit
Development.
(j)
Notwithstanding Section 30(4) or the requirements of the underlying zone, a facility
providing services in support of approved residential or commercial uses within a
Planned Unit Development may be permitted in either commercial or residential
zones within the same Planned Unit Development. Services in support of residential
or commercial uses include such services as housekeeping, landscape maintenance,
security, meeting rooms, clubhouses, swimming pools, tennis courts, catered food
service facilities, parking, offices, and related facilities for staff, administrators,
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10-10.30
owners associations, and owners and their guests. Provisions shall be made to buffer
these uses from incompatible uses or adjoining properties.
10-10.30
(8)
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10-10.30
Approval Authority Action. In taking action, the Approval Authority may approve, approve
with conditions, or deny an application as submitted. Any Planned Unit Development as
authorized shall be subject to all conditions imposed and shall be excepted from other
provisions of this ordinance only to the extent specified in said authorization.
[Section 30(3) amended by ORD. No. NS-1522 passed Dec. 19, 1990]
[Section 30(7)(e),(f) and (h) amended by ORD.No. NS-1592 passed June 2, 1993]
[Section 30(7)(j) added by ORD. No. NS-1653 passed March 6, 1996]
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10-10.31
Section 31. Variances.
(1)
Authorization to Grant or Deny Variances. Except as provided for in Sub- section (3), the
Approval Authority may authorize variances from the standards of this ordinance where it
can be shown that, owing to special and unusual circumstances related to a specific piece of
property, the literal interpretation of this ordinance would cause an undue or unnecessary
hardship; except that no variance shall be granted to allow the use of the property for
purposes not authorized within the pertinent zone, or to alter any procedural requirements of
this ordinance. In granting a variance, the Approval Authority may attach conditions found
necessary to protect the best interest of the surrounding property or neighborhood and to
otherwise achieve the purposes of this ordinance.
(2)
Criteria. No variance shall be granted pursuant to the provisions of Sub-section (1) unless
the applicant can establish:
(a)
That special conditions exist which are peculiar to the land, structure or building
involved and which are not applicable to other lands, buildings, or structures in the
same zone.
(b)
That strict interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zone under the
terms of this ordinance.
(c)
That the special conditions and circumstances do not result from the actions of the
applicant and such conditions and circumstances do not merely constitute pecuniary
hardship or inconvenience.
(d)
That granting the variance will be in harmony with the objectives of this ordinance,
and not injurious to the neighborhood or otherwise detrimental to the public welfare.
(3)
Authorization to Grant or Deny Variances to On-Site Requirements. The Planning Director
or, if the variance is reviewed in conjunction with site plan review, the Site Plan Committee
may authorize a variance from the standards of this ordinance relating to on site
requirements (e.g. yards, parking, etc.) Provided, however, that no variance under this
section shall be greater than 25% of the requirement from which the variance is sought.
(4)
Criteria for Variances Granted Under Subsection 3.
(a)
In the case of a yard variance, the applicant shall show the approval will result in:
1. More efficient use of the site.
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10-10.31
2. Preservation of natural features, where appropriate.
3. Adequate provisions of light and privacy to adjoining properties.
4. Natural features of the site (topography, vegetation and drainage) which would
be adversely affected by application of required parking standards.
(b)
(5)
For variances to other on site requirements of 25% or less the applicant shall show
that approval of the variance will be consistent with the overall objectives of the
Comprehensive Plan and this ordinance where applicable and that the variance will
have a minimal adverse impact on the livability, value or development of abutting
properties and the surrounding area.
Application for a Variance. A property owner may initiate a request for a variance by filing
an application with the Planning Director. The application shall be accompanied by a plan,
drawn to a suitable scale, showing the condition to be varied and the dimensions and
arrangement of the proposed development. The application shall be reviewed in the manner
provided for in the City of Bend's land use procedures.
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10-10.32
Section 32. Revocation of Permits or Variances.
(1)
Revocation for Noncompliance with Conditions. Any Planned Unit Development Permit,
Conditional Use Permit or Variance granted in accordance with the terms of this ordinance
may be revoked if any of the conditions or terms of such permit or variance are violated, or if
any law or ordinance is violated in connection therewith. If, after notice and hearing, a
Planned Unit Development is revoked for a substantial violation of any of its conditions, the
City Council may reconsider any zone change granted in connection with the Planned Unit
Development and restore the zoning existing prior to the permit nothwithstanding
improvements constructed prior to such revocations, but any such proposed change of zone
shall follow the procedures otherwise specified for zone changes herein.
(2)
Public Hearing. The Approval Authority shall hold a public hearing on any proposed
revocation after giving written notice to the permittee and to other owners of property as set
forth in Section 35. The Approval Authority shall render its decision within 45 days after
the conclusion of the hearing. In case the permittee is not satisfied with the action of the
Commission, he may appeal the Approval Authority decision to the City Council in the
manner provided in this section and Section 35.
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10-10.33
Section 33. Amendments. This ordinance may be amended by changing the boundaries of zones or
by changing any other provisions thereof, whenever the public necessity and convenience and the
general welfare requires such an amendment. Such a change may be proposed by the City Council
on its own motion or by motion of the Planning Commission, or by petition as hereinafter set forth.
(1)
Application. An application for amendment by a property owner or his authorized agent
shall be filed with the City Planning Director. The application shall be made on the forms
provided by the City. Before taking final action on a proposed amendment, the Approval
Authority shall hold a public hearing thereon. The Approval Authority shall follow the
procedures set forth in the City of Bend's land use procedures for map changes.
(2)
Standards for Zone Change. The burden of proof is upon the one seeking change. The
degree of that burden increases proportionately with the degree of impact of the change
which is sought. The applicant shall in all cases establish:
(a)
That the change conforms with the Comprehensive Plan. Specifically, the change is
consistent with the plan's intent to promote an orderly pattern and sequence of
growth.
(b)
That the change will not interfere with existing development on, development
potential, or value of other land in the vicinity of the proposed action.
(c)
That the change in classification for the subject property is consistent with the
purpose and intent of the proposed zone classification.
(d)
That the change will result in the orderly and efficient extension or provisions of
public services. Also, that the change is consistent with the City of Bend policy for
provision of public facilities.
(e)
That there is proof of a change of circumstance or a mistake in the original zoning.
(3)
Action by the City Council. The City Council may enact an ordinance granting the zone
change or amendment, or may by motion deny the granting of the zone change or
amendment.
(4)
Text Amendments. For amendments to the text, notice of the time and place of the public
hearing before the Approval Authority and of the purpose of the proposed amendment shall
be given by publication in a newspaper of general circulation in the City at least ten days
prior to the date of the hearing.
(5)
Record of Amendments. The signed copy of each amendment to the text and the map of this
ordinance shall be maintained on file in the office of the City Recorder. A record of such
amendments shall be maintained in a form convenient for the use of the public.
10-10.33
(6)
BEND CODE
10-10.33
Resolution of Intent to Rezone. If, from the facts presented and findings and the report and
recommendations of the Approval Authority as required by this section, the City Council
determines that the public health, safety, welfare and convenience will be best served by a
proposed change of zone, the City Council may indicate its general approval in principal of
the proposed rezoning by the adoption of a "Resolution of Intent to Rezone." This resolution
shall include any conditions, stipulations or limitations, which the City Council may feel
necessary to require in the public interest as a prerequisite to final action, including those
provisions which the City Council may feel necessary to prevent speculative holding of the
property after rezoning. The fulfillment of all conditions, stipulations and limitations
contained in said resolution, on the part of the applicant, shall make such a resolution a
binding commitment on the City Council. Such a resolution shall not be used to justify spot
zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in
the proposed zoning. Upon completion of compliance action by the applicant, the City
Council shall by ordinance effect such rezoning. The failure of the applicant to meet any or
all conditions, stipulations or limitations contained in the resolution, including the time limit
placed in the resolution, shall render the resolution of intent to rezone null and void, unless
an extension is granted by the City Council upon recommendation of the Planning
Commission.
(a)
Content of Site Plan. Where a site plan is required pursuant to Section 23, it shall
include location of existing and proposed buildings, structures, accesses, off-street
parking and loading spaces and landscaping; topography, existing and proposed;
mechanical roof facilities if subject property is so oriented as to become part of the
view from adjacent properties; architectural perspective, layout and all elevations
drawn without exaggeration except where noted including locations, area and design
of signs and all landscaping.
(b)
Resolution of Intent Binding. The fulfillment of all conditions, stipulations and
limitations contained in the resolution of intent, on the part of the applicant, shall
make the resolution binding on the City Council. Upon compliance with the
resolution by the applicant, the City Council shall by ordinance effect such
reclassification.
(c)
Resolution of Intent Void Upon Failure to Comply. The failure of the applicant to
substantially meet any or all conditions, stipulations or limitations contained in a
resolution of intent, including the time limit placed in the resolution, shall render said
resolution null and void, unless an extension is granted by the City Council upon
recommendation of the Planning Commission.
10-10.34
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10-10.34
Section 34.
[Section 34 repealed by ORD. No. NS-1556 (Land Use Procedures Ordinance), passed February 5,
1992]
10-10.35
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10-10.35
Section 35.
[Section 35 repealed by ORD. No. NS-1556 (Land Use Procedures Ordinance), passed February 5,
1992]
10-10.36
BEND CODE
10-10.36
Section 36. Enforcement and Penalties.
(1)
Enforcement. It shall be the duty of the City Planning Director to enforce this ordinance.
All departments, officials and public employees of the City of Bend, vested with the duty or
authority to issue permits shall conform to the provisions of this ordinance and shall issue no
permit, certificate or license for any use, building or purpose which violates or fails to
comply with conditions or standards imposed by this ordinance. Any permit, certificate or
license issued in conflict with the provisions of this ordinance, intentionally or otherwise,
shall be void. Any use of land in violation of this ordinance is declared to be a nuisance.
(2)
Penalties for Violation. A violation of the provisions of this ordinance is punishable upon
conviction by:
(3)
(4)
(a)
A fine of not more than $500 for each day of violation where the offense is a
continuing offense.
(b)
A fine of not more than $500 where the offense is not a continuing offense.
Injunctive Relief and Abatement.
(a)
The foregoing sanctions shall not be exclusive, and where the public health, safety,
morals, or general welfare will be better served thereby, the City Planning Director
may institute such proceedings for injunctive relief against a continuing violation as
may be authorized by the statutes of the State of Oregon.
(b)
In the discretion of the City of Bend, a violation may be abated as a nuisance as
provided in Sections 5.400 through 5.425 of the Bend Code or other applicable
provisions of law.
Evidence. In any prosecution for causing or maintaining any condition or use of, or activity
on, or constructing, moving or maintaining any structure on, any premises, as owner or
lessee at the time of the violation, or continuance thereof, shall be presumed to be the person
who constructed, moved, caused or maintained the unlawful activity, use, condition or
structure. This presumption shall be rebuttable and either the City or the defendant in such
prosecution shall have the right to show that the offense was committed by some person
other than, or in addition to, an owner or lessee or other persons in possession or control of
the premises; but this shall not be construed as relieving a person in possession and control
of property from any duty imposed upon him by this ordinance. For the purposes hereof, the
person to whom the premises are taxed according to the records of the Deschutes County
Assessor shall be prima facie the person in possession or control of the premises. Where
premises on which the violation is committed are commercial or industrial premises on
which a sign is situated identifying the commercial or industrial activity conducted thereof,
the same shall constitute prima facie evidence that the person whose name is thus displayed
is in possession or control of the premises as owner or lessee, but this shall not be construed
to relieve from responsibility any agent, manager, employee or other person who actually
10-10.36
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committed the violation.
[Section 36 amended by ORD No. NS-1933 passed August 21, 2004]
10-10.36
10-10.37
BEND CODE
10-10.37
Section 37. Severability and Validity. If any section, subsection, sentence, clause or phase of this
ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of the City
of Bend hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases might be declared invalid.
10-10.38
BEND CODE
10-10.38
Section 38. Repealer. Ordinance NS-796, as enacted December 4, 1968, and as subsequently
amended, is hereby repealed upon passage and effective date of this ordinance, except that any part
of this ordinance on which a presently pending legal action or proceeding is based, shall, for the
purposes of the action or proceeding is terminated.
Approved by the Bend City Commission this 5th day of July, 1978.

TABLE OF CONTENTS Zoning Ordinance No. NS-1178

Transcription

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