HomeMy WebLinkAbout1998-45614-Ordinance No. 98-040 Recorded 8/31/1998169 .. 012 REVIEWED
9S-45614LEGAL GQIJNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 19 and Creating
Title 19A to Implement the Intergovernmental
Agreement between the City of Bend and the County
Regarding Planning Authority within the Bend Urban
Area and Declaring an Emergency.
C) x
ORDINANCE NO. 98-040
WHEREAS, the Bend Urban Area General Plan covers all areas within the Bend U0*).Arqm
including areas for which the City of Bend and Deschutes County have separately adopted sing, t
not the same land use regulations; andi--
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WHEREAS, the City of Bend and Deschutes County have through an intergov6mmental
agreement transferred planning authority within the Bend Urban Area to the City of Bend; and
WHEREAS, in interest of efficiency and ease of administration, the intergovernmental
agreement between City and County require that the County's land use ordinances within the Bend
Urban Area order be amended to consistent with the City's land use ordinances insofar as is practicable;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADDING. Deschutes County Code Section 19.04.025, Unincorporated Urban
Area Within Urban Growth Boundary, is hereby added to read as set forth in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined.
Section 2. ADOPTION. Deschutes County Code Title 19A is hereby adopted to read as set
forth in Exhibit "B," attached hereto and by this reference incorporated herein, except as modified under
Section 3 herein. Notwithstanding any description or reference therein indicating that Title 19A is
applicable only to lands within the City of Bend, the provisions contained therein shall, consistent with
Deschutes County Code Section 19.04.025, apply to all lands lying outside the city limits of the City of
Bend and within the Bend Urban Growth Boundary, as that term is described in that certain
intergovernmental agreement between the City of Bend and the County dated February 18, 1998. The
document set forth in Exhibit `B" and adopted as Title 19A herein shall be codified as part of the County
Code retain the section numbering as set forth in Exhibit "B."
Section 3. AMENDMENTS TO EXHIBIT B. Exhibit `B," attached hereto is amended in
the following particulars:
A. The following sections of the Zoning Ordinance of the City of Bend are not adopted:
Sections 2, Purpose; Section 3, Compliance with Ordinance Provisions; Section 5, Classification of
Zones; Section 6, Application of Regulations to Zones; Section 7, Zoning Map; and Section 28,
Nonconforming Uses, are excluded from the City of Bend Zoning Ordinance, as adopted by Section 1.
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B. Amendments to the City of Bend Zoning Ordinance regarding the SM, SR 2.5 and RL
zones, as set forth, respectively, in Exhibits "C," "D" and `B" attached hereto and by this reference
incorporated herein, are hereby adopted as part of Title 19A.
C. Section 28, Nonconforming Uses, of the City of Bend Zoning Ordinance is replaced with
the language set forth in Exhibit "F," attached hereto and by this reference incorporated herein, with new
language underlined.
D. References to the geographic area of the City of Bend in the City of Bend Zoning
Ordinance adopted herein shall when referring to the geographic area to which the zoning ordinance is
applicable be construed to mean that portion of the Bend Urban Area lying between the Urban Growth
Boundary and the city limits of the City of Bend.
E. References to staff and/or institutional bodies as between the City and County shall be
read to be consistent with the division of responsibilities set forth in that certain intergovernmental
agreement entered into between the City of Bend and the County dated February 18, 1998.
Section 4. APPLICABILTY TO PENDING APPLICATIONS. The standards adopted by
this ordinance shall not be applicable to any applications accepted prior to the effective date of this
ordinance.
Section 5. REPEAL OF ORDINANCES AFFECTING EXISTING LIABILITIES. The
repeal, express or implied, of any ordinance, ordinance provision, code section or any map or line on a
map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability
incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such
ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, for the
purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated
the repealed ordinance.
Section 6. EMERGENCY. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect
on its passage.
DATED this 26th day of August, 1998.
B 1ARD OF COUNTY COMMI SIONERS'OF
D SC14UTES COUNTY, OREGON
CI
7-1 T:
recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 98-040 (8/26/98)
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L. S , Commissioner
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EXHIBIT "A"
19.040.035. Bend Unincorporated Urban
Area.
A. Except for specific provisions of Title
19 identified herein, this title shall not apply to
lands lying outside the city limits of the city of
Bend and within the Bend Urban Growth
Boundary, as that term is defined in that certain
intergovernmental agreement entered into
between the city of Bend and the county dated
February 18, 1998. The city of Bend Zoning
Ordinance, No. NS -1178, as adopted by the
Board of County Commissioners as Title 19A of
this code, and as supplemented by specifically
identified provisions of this title and additional
supplemental provisions identified in County
Ordinance 98-040, and such other
supplementing and/or amending ordinances as
might from time to time be adopted, shall apply
to those lands instead.
B. The following sections of this title shall
remain in effect for the lands lying within the
Urban Growth Boundary outside the city limits
of the city of Bend: Section 19.04.020,
Purposes; Section 19.04.030, Compliance With
Title Provisions; Section 19.08.010,
Classification of Zones; Section 19.08.020,
Application of Regulations to Zones Generally;
Section 19.08.030, Zoning Map; Section
19.08.040, Interpretation of Zoning Boundaries.
C. This title shall remain in effect for those
lands referred to as the Urban Reserve lands in
that certain intergovernmental agreement
entered into between the City of Bend and the
County dated February 18, 1998. (Ord. 98-040
§ 1, 1998)
PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE NO. 98-040 (8/26/98)
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EXHIBIT B
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CITY OF BEND
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ZONING ORDINANCE NO. NS - 1178
Amended August 20, 1997
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10-10.1 BEND CODE 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. fie.
(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.
0 (4) To further Oregon Land Use Goal Number 13 by promoting and maximizing energy
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10-19.2 BEND CODE 10-10.2
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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TABLE OF CONTENTS
Zoning Ordinance No. NS -1178
Section 1
Title
Section 2
Purpose
Section 3
Compliance with Ordinance Provisions
Section 4
Definitions
Section 5
Classification of Zones
Section 6
Application of Regulations to Zones
Section 7
Zoning Map
Section 8
Interpretation of Zone Boundaries
Section 9
Zoning of Annexed Areas
Section 9A
Urban Area Reserve Zone (UAR-10)
Section 10
Urban Standard Residential Zone (RS)
Section 11
Urban Medium Density Residential Zone (RM)
Section 12
Urban High Density Residential Zone (RH)
Section 13
Neighborhood Commercial Zone (CN)
Section 14
Convenience Commercial Zone (CC)
Section 15
Limited Commercial Zone (CL)
Section 16
Highway Commercial Zone (CH)
Section 17
General Commercial Zone (CG)
Section 18
Central Business Zone (CB)
Section 19
Industrial Park Zone (IP)
Section 20
Light Industrial Zone (IL)
Section 21
General Industrial Zone (IG)
Section 21 A
Mixed -Use Riverfront Zone (MR)
Section 22
Flood Plain Combining Zone (FP)
Section 22A
Deschutes River Corridor Design Review Combining Zone
Section 23
Site Plan Approval
Section 23A
Design Review
Page
10.10.1
10.10.1
10.10.3
10.10.4
10.10.5
10.10.6
10.10.7
10.10.8
10.10.9
10.10.9A
10.10.10
10.10.11
10.10.12
10.10.13
10.10.14
10.10.15
10.10.16
10.10.17
10.10.18
10.10.19
10.10.20
10.10.21
10.10.21A
10.10.22
10.10.22A
10.10.23
10.10.23A
Section 24
Off-street Parking and Loading
Section 25
Provisions Applying to Special Uses
Section 25A
Manufactured Homes
Section 26
Special Setback Provisions on Certain Streets
Section 26A
Solar Setbacks
Section 26B
Solar Access Permit
Section 27
Interpretations and Exceptions
Section 28
Nonconforming Uses
Section 29
Conditional Use Permits
Section 30
Planned Unit Development Approval
Section 31
Variances
Section 32
Revocation of Permits or Variances
Section 33
Amendments
Section 34
[Appeals] Repealed by Ord. No. NS -1556
Section 35
[Procedures] Repealed by Ord. No. NS -1556
Section 36
Enforcement and Penalties
Section 37
Severability and Validity
Section 38
Repealer
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10.10.24
10.10.25
10.10.25A
10.10.26
10.10.26A
10. 10.2613
10.10.27
10.10.28
10.10.29
10.10.30
10.10.31
10.10.32
10.10.33
10.10.36
10.10.37
10.10.38
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BEND CODE
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10-10.3
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.]
10-10.4
BEND CODE
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10-10.4
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).
Allen. A public way not more than 20 feet wide affording only secondary means of access
to abutting property.
Altered. See "Structural Alteration."
0 Animal Hospital. A place where animals or pets are given medical or surgical treatment
169 - 0132
10-10.4 BEND CODE 10-10.4
and are cared for during the time of such treatment. Use as a kennel shall be limited to
short -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.
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, Minar. 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. 0
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.
Rabysitter. A person who provides day care services for children in the home of the baby-
sitter 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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10-10.4 BEND CODE 10-10.4
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
0 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.
Red 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.
Bikes. 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 orLodging 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.
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BEND CODE
169 ~0134
10-10.4
Building Official. The Building Official of the City of Bend, Oregon.
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. '
Cita. 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 Are a. 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,
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10-10.4 BEND CODE 10-10.4
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
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."
Go=. 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. The ordinary high water mark shall be defined in Section 4, Yard.
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10-10.4 BEND CODE 10-10.4
Design Review Over lay.one. 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.
Destination Resort. A largely self-contained facility offering recreational opportunities for
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.
Duelling. 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 Dui. 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. 0
10-10.4 BEND CODE M �' 3 7 10-10.4
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.
Fanning. 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 D.*pvice. 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
is 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) The overflow of inland or tidal waters, and/or
(b) The unusual and rapid accumulation of runoff surface waters from any source.
Flood Insurance Rate Mal)(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.
10-10.4 - BEND CODE b 0 10-10.4
Frontage. That portion of a parcel of property which abuts a dedicated public street or
highway or an approved private street. 0
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 (round vel). 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 ion. 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
169 0139
10-10.4 BEND CODE 10-10.4
the facility.
Impoundment. An man-made structure which is or may be used to impound water.
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,funk 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.
I andscaping. 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.
Lat. 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 rea. 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.
0 Lot, Interior. A lot or parcel of land other than a corner lot.
10-10.4
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169 - 0140
10-10.4
LotLine. Any line bounding a lot as herein defined. 0
Lot Line, Front. The property line abutting a street. Corner lots and through lots may
have two or more front lot lines.
Lot ine, Regia . 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.
II pt, 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.
Moble Home. A detached single family dwelling unit with all of the following
characteristics:
(a) Designed for long term occupancy and containing sleeping accommodations, flush
toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical
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
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169 ~ 0141
10-10.4
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.
Ones sem: 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.
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
parking of automobiles and available to the public whether for a fee, free or as an
accommodation for clients or customers.
ParkingST. A durable and dustless, permanently surfaced and marked area, excluding
paved area necessary for access, for the parking of a motor vehicle.
Pada. 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
10-10.4 BEND CODE 10-10.4
make it safe or convenierit to walk. 0
Penstock. An conduit or other structure which is or may be used to cone water to the
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driving mechanism of the generator.
Permittce. 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 Co mission. 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.
PoleSign. 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.
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.
Recreational Facility_, Private. A recreation facility under private ownership and operated
169 0143
10-10.4 BEND CODE 10-10.4
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.
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 Pe it. The instrument issued by the City which limits the size of non-
exempt 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 Res riction. 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
169 0144
10-10.4 BEND CODE 10-10.4
bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms,
foundations, piles, or retaining walls or similar components.
Structu. 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.
(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 0
10-10.4 _ BEND CODE 1 6 9 014IS-10.4
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.
Ilse. 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 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.
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.
10-10.4 _
BEND CODE 169 - 0146 10-10.4
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
which shall be the mark on the Deschutes River that will be found by examining the banks
and ascertaining where the presence and action of waters are so common and usual, and
so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation, and as it may naturally change.
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]
[Section 4 amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 4 amended by ORD. No. NS -1378 passed June 1, 19831
[Section 4 amended by ORD. No. NS -1380 passed June, 15, 19831
[Section 4 amended by ORD. No. NS -1418 passed August 21, 1985]
[Section 4 amended by ORD. No. NS -1420 passed October 2, 19851
[Section 4 amended by ORD. No. NS -1439 passed June 4, 19861
[Section 4 amended by ORD. No. NS -1444 passed July 16, 1986]
[Section 4 amended by ORD. No. NS -1445 passed July 16, 1986]
[Section 4 amended by ORD. No. NS -1462 passed September 2, 1987]
[Section 4 amended by ORD. No. NS -1475 passed July 20, 19881
[Section 4 amended by ORD. No. NS -1522 passed December 19, 1990]
[Section 4 amended by ORD. No. NS -1531 passed April 17, 1991]
[Section 4 amended by ORD. No. NS -1545 passed August 21, 19911
[Section 4 amended by ORD. No. NS -1584 passed March 3, 19931
[Section 4 amended by ORD. No. NS -1592 passed June 2, 1993]
[Section 4 amended by ORD. No. NS -1625 passed December 21, 19941
[Section 4 amended by ORD. No. NS -1632 passed May 3, 1995]
[Section 4 amended by ORD. No. NS -1670 passed February 19, 1997] ,
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10-10.5
BEND CODE
169 - 0147
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:
[Section 5 amended by ORD. No. NS -1308, passed January 7, 19811
[Section 5 amended by ORD. No. NS -1670, passed February 19, 1997]
Map Symbol and
Zones
Abbreviated Desi nag tions
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
CH
Commercial - General
CG
Commercial - Central
CBD
Industrial - Park
IP
Industrial - Light
EL
Industrial - General
IG
Flood Plain District
FP
Design Review Overlay
DR
[Section 5 amended by ORD. No. NS -1308, passed January 7, 19811
[Section 5 amended by ORD. No. NS -1670, passed February 19, 1997]
169 01.8
10-10.6 BEND CODE 10-10.6
Section 6. Annlication 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
BEND CODE
169 -0149
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 Recorder -
Treasurer 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.
•
10-10.8
BEND CODE
169 0150
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.
•
10-10.9
BEND CODE
169 - 0151
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, 1983.1
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10-10.9A
BEND CODE 169 0152 10-10.9A
1� ' •.� •I
(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:
(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).
(3) Conditional I Ices. 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,
10-10.9A
(4)
NJ
BEND CODE 15 9 3 10-10.9A
technical, or similar schools.
(j) Parks and recreation facilities, fire stations, libraries, museums, but not including
storage or repair yards, warehouses, or similar uses.
i
(k) Recreation facility; public or private; but not including such intensive commercial
recreation uses as a race track or amusement park.
(1) 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.
Height Regulations. No building or structure shall be hereafter erected, enlarged or
structurally altered to exceed 30 feet in height
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.
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169 0154
10-10.9A BEND CODE 10-10.9A
(e) Rear Yard: There shall be a minimum rear yard of 50 feet.
Zero Lot Line Subdivisions or Partitions: Regulations for side and setback may
(� g Y Y
be 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, 1981.1
[Section 9A(3) amended by ORD. NS -1372, passed March 2, 1983.]
[Section 9A(3) amended by ORD. NS -1380, passed June 15, 1983.1
[Section 9A(4) amended by ORD. NS -1372, passed March 2, 1983.1
[Section 9A(5)(f) added by ORD. NS -1372 passed March 2, 1983.1
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10-10.10 BEND CODE 169 .o 0155 10-10.10
Section 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) Permitted Uses. The following uses are permitted:
(a) Single-family dwelling.
(b) Agriculture, excluding the keeping of livestock.
(c) Rooming and boarding of not more than two persons.
(d) Home occupations subject to the provisions of Subsection (15) of Section 25.
(e) One private garage for each dwelling unit.
(f) Central Oregon Community College, subject to site plan approval for new building
or structures.
(g) Park rehabilitation, minor betterment and repairs.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Mobile home subdivision subject to standards of Subsection (11) of Section 25.
(b) Churches.
(c) 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.
(d) Dwelling groups, subject to the provisions of Subsection (13) of Section 25.
(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 169 0166 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) Utility substations or pumping stations with no equipment storage and sewage
treatment facilities.
(i) Planned Unit Developments subject to provisions of Section 30.
(j) Temporary subdivision tract offices.
(k) Rear lot development subject to Site Plan Approval as provided in Section 23 and
Subsection (14) of Section 25.
(1) Lodge and fraternal organizations, except those carried on as a business for prof it.
(m) Duplex in areas designated RS provided that each lot occupied by a duplex shall
have a minimum area of 12,000 square feet.
(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 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) Timeshare unit or the creation thereof, subject to the provisions of Section 25.
(w) Bed and Breakfast Inn, subject to the standards set forth in Section 25(24).
•
•
10-10.10
BEND CODE
169 - 0157
10-10.10
(y) Hydroelectric facility, subject to the provisions of Section 25, Subsection (20).
(z) Diagnostic testing and counseling service for allegedly abused children, limited
specifically to Lots 5, 6, 7 and 8, Block 25, 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.
(4) Height Regulations. No building or structure shall be hereafter erected, enlarged or
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
Hearings Body may allow smaller lots of different housing types in a new subdivision
approved pursuant to this ordinance and consistent with the Comprehensive Plan
designations 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 6,000 square feet.
(b) Lot width: Every lot shall have a minimum width of 60 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 The lot is within a subdivision platted after the date of adoption of this
ordinance and the garage is setback a minimum of 20 feet from the front
property line, and
B. The lot fronts on a local public or private street.
(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.
(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
percent of the lot area.
(g) Zero Lot Line Subdivision or Partition: Regulations for a side yard setback may
be waived for an approved zero lot line subdivision or partition.
169 - 0158
10-10.10 BEND CODE 10-10.10
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parkin. Off-street parking shall be provided as required in Section 24.
(7) Other Required Conditions. See Section 25 applying to Special Uses.
[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(4) amended by Ord, No. NS -1372 passed March 2, 1983.]
[Section 10(5) 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 -1380 passed June 15, 1983.1
[Section 10(3) amended by Ord. No. NS -1418 passed August 21, 1985.]
[Section 10(3) amended by Ord. No. NS -1439 passed June 4, 1986.]
[Section 10(3) amended by ORD. No. NS -1444 passed July 16, 1986.1
[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.]
•
10-10.11
BEND CODE
169 0159
10-10.11
Section 11. Urban Medium Density Residential Zone. or RM Zone.
d .o provide for the development of low density multiple -family
(1) Purpose. This zone is intended t p p ty p y
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 community 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
Use Permit and the provisions of Section 29.
(a) Nursing homes, rooming and boarding houses.
(b) Churches.
(c) Public, parochial, dance and private schools, not including business, trade,
technical or similar schools.
(d) Parks and recreation facilities, fire stations, libraries, museums; but not including
storage or repair yards, warehouses and similar uses.
10-10.11 BEND CODE 1 6 9 0160 10-10.11
i
(e) Planned Unit Developments subject to the provisions of Section 30.
(f) Utility substations or pumping stations with no equipment storage and sewage
treatment facilities.
(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) Single-family dwelling.
.(1) Radio and television transmission facilities.
(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. 890 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. 890 34' 36" W., 500 feet; thence S. 00 25'
34" E., 143.35 feet; thence S. 890 02' 28" E., 160 feet; thence N. 00o 25' 34"
W., 41.57 feet;; thence N. 890 34' 36" E., 40 feet; thence S. 00o 25' 34" E.,
41.20 feet; thence S. 890 02' 28" E., 300 feet; thence N. 00o 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.
(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 4,500 square feet for the first
unit plus the minimum unit square footages based upon the number of bedrooms
per dwelling unit in the following table:
•
•
0
•
•
10-10.11
(b)
BEND CODE
Studio or efficiency
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
169 - 0161
10-10.11
500 square feet
600 square feet
1,000 square feet
1,500 square feet
2,000 square feet
provided that the overall density shall not exceed one dwelling unit per 2,000
square feet of lot area. A lot having a width of less than 50 feet, and an area of
less than 4,500 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.
Lot Width: Every lot shall have a minimum width of 50 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 The lot is within a subdivision platted after the date of adoption of this
ordinance and the garage is setback a minimum of 20 feet from the front
property line, and
B. The lot fronts on a local public or private street.
(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 15 feet. The side yards shall be increased by 1/2 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 15 feet. The rear yard shall be a
minimum of five feet.
(h) Lot Coverage: Maximum lot coverage by buildings and structures shall be 40
10-10.11 BEND CODE 16 016 2 10-10.11
percent of the total lot area.
i Zero Lot Line Subdivision or Partition: Regulations for a side and setback may
O � Y Y
be waived for an approved zero lot line subdivision or partition.
I
(j) Solar Setback: The solar setback as prescribed in Section 26A.
(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)(1) amended by ORD. NS 1261, passed December 19, 1979.]
[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)(1) amended by ORD. NS -1201, passed February 21, 1981.]
[Section 11(5) amended by ORD. NS -1372, passed March. 2, 1983.1
[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, 1983.1
[Section 11(3)(n) amended by ORD. NS -1408, passed March 6, 1985.]
[Section 11(3)(0) 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)(1) 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, 1996.1
[Section 11(5)(c) amended by ORD. NS -1685 passed August 6, 1997.]
•
•
10-10.12
BEND CODE
111114"Iritut -we 113 : We"
169 - 0163
10-10.12
(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) 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 12 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 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.
(1) Necessary and incidental services such as a dining room, barber shop, beauty shop,
10-10.12
(3)
169 -0164 11
BEND CODE 10-10.12
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.
(m) 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 1,000 square feet
Buildings over 50,000 square feet 1,500 square feet
Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(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) Utility substations or pumping stations with no equipment storage and sewage
treatment facilities.
(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.
•
•
11
- 169 p 0165
10-10.12 BEND CODE 10-10.12
0) Mortuaries.
(k) Housing for the elderly (see Subsection (18) of Section 25).
(1) Buildings in excess of 45 feet.
(m) Single-family dwelling.
(n) Churches.
(o) Timeshare unit or the creation thereof, subject to the provisions of Section 25.
(p) Beauty and barber shop.
(4) Height Regulations. No building or structure shall hereafter be erected, enlarged or
structurally altered to exceed a height of 45 feet without approval of a Conditional Use
Permit.
(5) i nte
Requirs. ments. The following lot requirements shall be observed:
(a) Lot area: Every lot shall have a minimum area of 5,000 square feet for the first
unit plus the minimum square footages based upon the number of bedrooms per
dwelling unit in the following table:
Land Area Land Area
1 st & 2nd Floor 3rd Floor and above
Studio or
Efficiency 650 square feet 250 square feet
1 Bedroom 900 square feet 500 square feet
2 Bedrooms 1,250 square feet 1,000 square feet
3 Bedrooms 1,850 square feet 1,550 square feet
4 Bedrooms 2,100 square feet 1,850 square feet
provided that the overall density does not exceed one dwelling unit per 1,000
square feet of lot area. A lot having a width of less than 50 feet, and an area of
less than 5,000 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.
10-10.12
BEND CODE
169 -- 0166
10-10.12
(b) Lot Width: Every' lot shall have a minimum width of 50 feet.
(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 :y ards shall be a minimum of 5 feet. The side yards shall be
increased by 'fz 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
increased by '%i 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 setbacks shall be a minimum of five feet
on one side and the total of the two side yards shall be five feet.
(h) Lot Coverage: Maximum lot coverage by buildings and structures shall be 50
percent of the lot area.
(i) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking. Off-street parking shall be provided as required in Section 24.
(7) Special Yards and Distances between Buildings. Special yards and distances between
buildings shall be provided as follows:
(a) An inner court providing access to double -row dwelling groups shall be a
minimum of 20 feet in width.
(b) The distance between principal buildings shall be at least 10 feet. This requirement
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, 19811
[Section 12(2)(c) amended by Ord. NS -1372, passed March 2, 19831
[Section 12(7)(b) amended by ORD. No. NS -1372 passed March 2, 19831
[Section 12(5) amended by ORD. No. NS -1378 passed June 1, 19831
[Section 12(3) amended by ORD. No. NS -1380 passed June 15, 19831
[Section 12(3) amended by ORD. No. NS -1415 passed July 3, 19851
[Section 12(2) amended by ORO. 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, 19971
10-10.13
BEND CODE
169 -0167
10-10.13
Section 13. Neighborhood Commercial Zone or CN Zone.
(1) fie. 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.
(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.
0) Mail box rental and package store.
(k) Accessory buildings customarily appurtenant to a permitted use.
(1) Dwelling units that are above or behind a permitted commercial use and secondary
to that commercial use.
(3) Conditional Uses. The following conditional uses may be permitted subject to the
provisions of Section 29.
•
169 - 0168
10-10.13 ! BEND CODE 10-10.13
(a) Automobile service stations subject to special use requirements 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:
(a) Lot Area: Not to exceed 1h 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 'h 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 'h foot for each foot by which the building height
exceeds 20 feet.
(g) Lot Coverage: Maximum lot coverage by buildings and structures shall be 35
percent of the total lot area.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(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,
169 0169
10-10.13 BEND CODE 10-10.13
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.
(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.
(1) Operating hours for commercial uses shall be limited to period from 6:00 am to
10:00 pm.
0
169 0170
10-10.13 j BEND CODE
Figure 1
Example of site layout
ISOI��■ Ilial'
i
ins hull
1 •7'
10-10.13
Figure 2
Example of building appearance
[Section 13(3)(b) deleted by ORD. No. NS -1308 passed January 7, 1981]
[Section 13(5) amended by ORD: No. NS -1378 passed June 1, 1983]
[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, 19941
[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) -O) added by ORD No. NS -1642 passed November 1, 1995]
[Section 13(3)(a) added by ORD No. NS -1642 passed November 1, 19951
[Section 13(5)(d), (6), (7)(c) and (7)(f) amended by ORD No. NS -1642 passed November 1, 19951
[Section 13(7)(g)-(1) added by ORD No. NS -1642 passed November 1, 1995]
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=:�a�`=moi
sir
;�;'' Kik;~±;Tti�.f��:zk?;•'+d�,;:`�'4�.;
riira�a�
'•a',
,�,
Figure 1
Example of site layout
ISOI��■ Ilial'
i
ins hull
1 •7'
10-10.13
Figure 2
Example of building appearance
[Section 13(3)(b) deleted by ORD. No. NS -1308 passed January 7, 1981]
[Section 13(5) amended by ORD: No. NS -1378 passed June 1, 1983]
[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, 19941
[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) -O) added by ORD No. NS -1642 passed November 1, 1995]
[Section 13(3)(a) added by ORD No. NS -1642 passed November 1, 19951
[Section 13(5)(d), (6), (7)(c) and (7)(f) amended by ORD No. NS -1642 passed November 1, 19951
[Section 13(7)(g)-(1) added by ORD No. NS -1642 passed November 1, 1995]
�A
0
- 169 0171
10-10.14 BEND CODE 10-10.14
Section 14. Convenience Commercial Zone or CC Zone.
10 (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.
0) Bicycle shop.
(k) Clothing store or tailor shop.
(1) 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.
(c) Dancing or music school, nursery school, kindergarten and day-care facility.
1 6 9 0172
10-10.14
BEND CODE 10-10.14
(q)
Florist shop.
food
(r)
Food and health 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 rei pair 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.
(3) Conditional
Uses. The following conditional uses may be permitted subject to a
Conditional
Use Permit and the provisions of Section 29.
(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.
•
•
0
169 0173
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.
0) A building over 30 feet in height.
(k) 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 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
increased by 1/2 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 "R" zone and
then the rear yard shall be a minimum of 10 feet. The required rear yard shall be
increased by Ih foot for each foot by which the building height exceeds 20 feet.
(g) Lot Coverage: Maximum lot coverage by buildings and structures shall be 35
percent of the total lot area.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parkingnd� i reading. Off-street parking and loading space shall be provided
169 - 0174
10-10.14 BEND CODE 10-10.14
as required in Section 24.
(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) Items produced or ;wares and merchandise handled shall be limited to those sold at
retail on the premises.
(c) In any CC zone directly across the street from and "R" zone, the parking and
loading area shall lie 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.
•
0
•
•
10-10.14 BEND CODE
Figure 14.1
Example of Building Layout
t
PARIW A)MVE
169 m 0175
10-10.14
NEW ►ORT AVENUE
0
1
A L L E Y
169 0176
10-10.14 BEND CODE 10-10.14
i
i
[Section 14(3)(b) deleted by ORD,. No. NS -1308 passed January 7, 19811
[Section 14(2) amended by ORD.; NO. NS -1372 passed March 2, 1983]
[Section 14(3)0) amended by ORD. No. NS -1372 passed March 2, 19831
[Section 14(4) amended by ORD., No. NS -1372 passed March 2, 1983]
[Section 14(5) amended by ORD.: No. NS -1378 passed June 1, 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)(fl(g) added by ORD. No. NS -1592 passed June 2, 19931
[Section 14(3)(a) amended by ORD. No. NS -1614 passed May 18, 19941
•
10-10.15 BEND CODE
Section 15. Limited Commercial Zone, or Cl, Zone.
169 -0177
10-10.15
(1) Pu=se. 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.
0) Bank or other financial institution.
(k) Barber and beauty shop.
(1) 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 -
- 169 0178
10-10.15 BEND CODE 10-10.15
(q) Dairy products, sales only.
(r) Drug store, including soda fountain.
(s) Dry goods store, millinery shop, dress shop.
(t) Florist shop.
I
(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 orpaint 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.
i
(hh) Pet shop.
(ii) Photographic supplies and studio.
(jj) Printer.
(kk) Radio and television sales and service.
(11) Radio and television broadcasting studios and facilities.
r�
V
169 -- 0179
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.
(qq) Planned Unit Development subject to the provisions of Section 30.
(rr) Technical and business schools.
(ss) Bus terminal.
(tt) Dwelling units that are above or behind a permitted commercial use and secondary
to that commercial use.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(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.
0) Church, club, lodge or fraternal organization.
(k) Commercial off-street parking lot.
(1) Mortuary.
0
169 0180
10-10.15 BEND CODE 10-10.15
(m) Theater.
(n) Veterinary clinic or kennel operated entirely within an enclosed building.
I
(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) Timeshare Unit or, the creation thereof, subject to the provisions of Section 25.
(s) Hydroelectric facility, subject to the provisions of Subsection (20) of Section 25.
(4) Height Regulations. No building or structure shall be thereafter erected, enlarged or
structurally altered to exceed a height of 30 feet without a Conditional Use Permit.
(5) 1 pt Requirements. The following 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
increased by 1/2 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 "R" Zone and
then the side yard shall be a minimum of 10 feet. The required rear yard shall be
increased by '%i foot for each foot by which the building height exceeds 20 feet.
(g) Lot Coverage: Maximum lot coverage by buildings and structures shall be 35
percent of the total lot area.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
1
(6) Off -Street P rkingnd� Loading. Off-street parking and loading space shall be provided
169 - 0161
10-10.15 BEND CODE 10-10.15
as 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, automobile sales, and
drive -up windows.
(b) Items produced or wares and merchandise handled shall be limited to those sold at
retail on the premises.
(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 character of the adjoining residential property. Such landscaping shall
be maintained.
[Section 15(3)(e) deleted by ORD. No. NS -1308 passed January 7, 19811
[Section 15(2) amended by ORD. No. NS -1372 passed March 2, 19831
[Section 15(4) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 15(5) amended by ORD. No. NS -1378 passed June 1, 19831
[Section 15(3) amended by ORD. No. NS -1380 passed June 15, 19831
Section 15(3) amended by ORD. No. NS -1444 passed July 16, 1986]
Section 15(3)(a) amended by ORD No. NS -1475 passed July 20, 19881
[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]
0
10-10.16
BEND CODE
169 0182
10-10.16
Section 16. Highway Co mercial 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) Permitted Uses. The following uses are permitted subject to the provisions of Section 23.
(a) Existing residential uses, without any increase in density.
(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.
(1) 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.
•
169
10-10.16 BEND CODE
i
(p) Restaurant, cafe, refreshment stand, drive-in restaurant.
lodge. j
- 0163
10-10.16
bar, tavern, club and
(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.
i
(v) Commercial off-street parking lot.
(w) Planned Unit Development.
(x) Radip 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) Technical and business schools.
(cc) Bus terminal.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(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.
•
•
0
_ 169 0184
10-10.16 BEND CODE 10-10.16
(e) Auction house or yard.
(f) Wholesale business, storage, warehousing, transfer company and trucking
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.
0) 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 a height of 30 feet without a Conditional Use Permit.
(5) 1 pt Requirements. The following lot requirements shall be observed:
(a) Lot Area: No requirements.
(b) Lot Width: No requirements.
(c) Lot Depth: Each lot shall have a minimum depth of 100 feet.
(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 '/z 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
then the rear yard shall be a minimum of 10 feet. The required rear yard shall be
increased by '/i foot for each foot by which the building height exceeds 20 feet.
(g) Lot Coverage: No requirements.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking andLoading. Off-street parking and loading space shall be provided
as required in Section 24.
• .EM61i• M I
10-10.16
BEND CODE
169 -- 0165
10-10.16
(a) All business, service, repair, processing, storage or merchandise display on
property 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.
i
[Section 16(3) amended by ORD.; No.
1308 passed January 7, 198 11
[Section 16(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, 19831
[Section 16(4) amended by ORD. i No.
NS -1372 passed March 2, 1983]
[Section 16(5) amended by ORD. No.
NS -1378 passed June 1, 19831
[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, 19881
•
r�
169 m 0166
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.
0) Feed, seed and fuel stores conducted wholly within a completely enclosed building.
(k) Secondhand store.
(1) Planned Unit Development subject to the provisions of Section 30.
(m) Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage, are permitted.
(n) Bus terminal.
0 (o) Veterinary clinics conducted within an enclosed building.
169 - 0167
10-10.17 BEND CODE 10-10.17
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Department store.
i
(b) Buildings in excess of 45 feet.
I
(c) Residential use subject to the standards of the RH Zone excluding mobile home
parks.
(d) 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 a height of 45 feet, without Conditional Use Permit approval.
(5) Lot Requirements. The, following lot requirements shall be observed:
(a) Lot Area: No requirements.
(b) Lot Width: No requirements.
(c) Lot Depth: Each lot shall have a minimum depth of 100 feet.
e a minimum of 10 feet except when abutting
(d) Front Yard: The front yard shall b p g
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 then the side, yard shall be a minimum of 10 feet. The required side yard shall
be increased by '/z 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 "R" District
and then the rear yard shall be a minimum of 10 feet. The required rear yard shal l
be increased by '/z foot for each foot by which the building height exceeds 20 feet.
(g) Lot Coverage: No requirements.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking and Loading. Off-street parking and loading space shall be provided
as required in Section 24.
7 Other Required Conditions.
169 0188
10-10.17 BEND CODE 10-10.17
(a) All business, service, repair, processing, storage or merchandise display on
property 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 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(5) amended by ORD. No. NS -1378 passed June 1, 1983]
[Section 17(3) amended by ORD. No. NS -1380 passed June 15, 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]
•
•
- 169 0169
10-10.18
BEND CODE 10-10.18
Section 18.
Central Business Zone, or B Zone.
(1) fie.
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.
(a)
Bank or other financial institution.
(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)
Technical and business schools.
Bus
(i)
terminal.
(j)
Dwelling units that are above the ground floor of a permitted commercial use and
secondary to that commercial use.
(3) Conditional
I Ices. The following conditional uses may be permitted subject to a
Conditional
Use Permit and the provisions of Section 29.
(a)
Food store.
(b)
Off-street parking lot.
(c)
Residential uses not on the ground floor of a building.
(d)
Building over 45 feet in height.
(e)
Department store.
(f)
Small animal veterinary clinic.
(4) Height
Regulations. No building or structure shall be hereafter erected, enlarged or
169 ~ 0190
10-10.18 BEND CODE 10-10.18
structurally altered to exceed a height of 45 feet without a Conditional Use Permit.
5 Lot Re�auirements. No requirements, except that for multiple dwellings the requirements
of the RH Zone shall apply.
i
(6) Off -Street Parking and Loading. 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.
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.
(7) Other Required Conditions.
(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.
[Section 18(3)(f) added by ORD` No. NS -1221 passed June 6, 1979]
[Section 18(2)(1) 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, 19921
[Section 18(7)(c) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 18(2)0) added by ORD. No. NS -1614 passed May 18, 1994]
0
SECTION 18 - CENTRAL BUSINESS DISTRICT 1 6 9 0191
05"
ve
t
tie
ME
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�I BEND DOWNTOWN
10-10.19
BEND CODE
169 0192
10-10.19
Section 19. Industrial Park Zone or IP Zone.
1 . This zone is intended to provide for research or development of materials
O 13ttpQs� P P ,
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.
(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) Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage, are permitted.
(j) Enclosed storage facilities including mini -warehouse operations, but excluding
outdoor storage of vehicles, boats, and recreational vehicles.
(k) Printing, publishing and book binding.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Public buildings and public utility structures and yards, including railroad yards.
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169 0193
10-10.19 i BEND CODE 10-10.19
(b) Bank, restaurant,' automobile service station or the like, to serve developed
permitte 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) Buildings over 45' feet in height.
(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.
I
(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) 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) Tot Requirements. The following lot requirements shall be observed:
(a) Lot Area: Each lot shall have a minimum area of 1/2 acre.
(b) Lot Width: No requirements.
(c) Lot Depth: Each lot shall have a minimum depth of 100 feet.
(d) Front Yard: The front yard shall be a minimum of 20 feet.
(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.
i
(g) Lot Coverage: The maximum lot coverage by buildings and structures shall be 50
percent of the total lot area.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
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169 -0194
10-10.19 BEND CODE 10-10.19
(6) Off -Street Parking and Loading. Off-street parking and loading space shall be provided
as required in Section 24.
(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
character of the adjoining residential property. Such landscaping shall be
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 dust -
free 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
169 -- 0195
i
[Section 19(4) amended by ORD: No. NS -1308 passed January 7, 198 1]
[Section 12(2) (h) deleted by ORD. No. NS -1372 passed March 2, 1983]
[Section 19(5) amended by ORD:; No. NS -1378 passed June 1, 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, 19951
[Section 19(2)(d) and (e) amended by ORD. No. NS -1635 passed June 7, 1995]
[Section 19(2)0) and (k) added by ORD. No. NS -1635 passed June 7, 19951
[Section 19(3)(fl added by ORD. No. NS -1635 passed June 7, 19951
i
10-10.19
- 169 0196
10-10.20 BEND CODE 10-10.20
Section 20. Light Industrial Zone, or IL. Zone.
(1) lyse. 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.
i
169 0197
10-10.20 BEND CODE 10-10.20
(3)
(1) 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. i
(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) Planned Unit Development subject to the provisions of Section 30.
(s) Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage, are permitted.
Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Buildings over 35; feet in height.
(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.
4
(h) Trailer sales, storage and rental.
(i) Wholesale distribution of all standard types of prepared or packaged merchandise,
such as automobile supplies, hardware, leather goods, plumbing supplies, textiles
i
169 0198
10-10.20 BEND CODE 10-10.20
and fabrics, and general merchandise.
�Commercial parking lot.
(k) Nursery school, kindergarten and day-care facility.
(1) 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) Height Regulations. No building or structure shall be hereafter erected, enlarged or
structurally altered to exceed a height of 35 feet without a Conditional Use Permit
approval.
(5) Lot Requirements. The following lot requirements shall be observed:
(a) Lot Area: No requirements.
(b) Lot Width: No requirements.
(c) Lot Depth: Each lot shall have a minimum depth of 100 feet.
(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 'h
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
'h foot for each foot by which the building height exceeds 20 feet.
(g) Lot Coverage: No requirements.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking and Loading. Off-street parking and loading space shall be provided
as required in Section 24.
10-10.20
BEND CODE
169 ~0199
10-10.20
(7) Other Required Conditions.
(a) All business, service, repair, processing, storage or merchandise display on
property 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.
(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) 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. i
(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. '
0
10-10.20
BEND CODE
[Section 20(2) amended by ORD. No. NS -1308 passed January 7, 198 1]
ection 20(4) amended by ORD. No. NS -1308 passed January 7,198 11
ection 20(7) amended by ORD. No. NS -1308 passed January 7, 19811
[Section 20(2)(r) deleted by ORD. No. NS -1372 passed March 2, 1983]
[Section 20(5) amended by ORD. No. NS -1378 passed June 1, 19831
[Section 20(2)(h) amended by ORD. No. NS -1475 passed July 20, 1988]
[Section 20(3)(1) amended by ORD No. NS -1604 passed October 20, 19931
[Section 20(3)(m) amended by ORD No. NS -1603 passed October 20, 1993]
•
169 m 0200
10-10.20
10-10.21
BEND CODE
169 0201
10-10.21
Section 21. General Industrial Zone, or IG Zone.
16
1 . This zone is intended to provide for the establishment of light and heavier
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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) Permitted Uses. The following uses are permitted subject to the provisions of Section 23.
(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) Public buildings and public utility structures and yards, including railroad yards.
(d) Veterinary clinic.
(e) Commercial parking lot.
(f) Planned Unit Development subject to the provisions of Section 30.
(h) Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage, are permitted.
(3) Conditional I Ises. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Asphalt plant.
(b) Wrecking yard or junk yard.
(c) Buildings over 35 feet in height.
(d) Livestock feed or sales yard.
(e) Any conditional use permitted in the IL District.
(4) HeighttRegulations. No building or structure shall be hereafter erected, enlarged or
structurally altered to exceed a height of 35 feet without Conditional Use Permit approval.
(5) Lot Requirements. The following lot requirements shall be observed:
169 0202
10-10.21 BEND CODE 10-10.21
(a) Lot Area: No requirements.
(b) Lot�Width: No requirements.
(c) Lot Depth: Each lot shall have a minimum depth of 100 feet.
(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.
(6)
(7)
(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
'/i 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
'fi foot for each foot by which the building exceeds 20 feet.
(g) Lot Coverage: No requirements.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
Off -Street Parking and Loading. Off-street parking and loading space shall be provided
as required in Section 24.
Other Required Conditions.
(a) All business, service, repair, processing, storage or merchandise display on
property 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.
(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.
i
(c) 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.
(d) 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.
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169 - 0203
10-10.21 BEND CODE 10-10.21
(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 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, 19791
[Section 21(4) amended by ORD. No. NS -1308 passed January 7, 19811
[Section 21(2)(8) deleted by ORD. NO. NS -1372 passed March 2, 19831
[Section 21(5) amended by ORD. NO. NS -1378 passed June 1, 19831
E ]l
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169 0204
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 can occur in the
MR zone the Design Review Board shall review and approve both a Facilities Plan and a
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) 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.
(b) 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
subarea and of the general route of planned collector, arterial, and major
169 0205
10-10.21A BEND CODE 10-10.21A
local streets through the subarea and where the streets will connect with the
existing collector or arterial street system.
(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
i
iv. The function and location of any private utility systems.
(c) 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.
(4) Master Development Plan. The minimum acreage for a Master Development Plan shall be
ten acres. 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) 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.
(b) The Master Development Plan shall demonstrate that the proposal satisfies the
planning and design objectives of a mixed-use development. Such text shall
address:
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•
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169 0206
10-10.21A BEND CODE 10-10.21A
(A) The expected uses to be developed and approximate square footage of
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. Master Development Plans may be revised
or modified using the procedures and standards in this section.
(5) 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 Design Review Board finds that the use conflicts with existing uses
adjacent to the MR zone. 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 169 ~ 0207
10-10.21A BEND CODE 10-10.21A
(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 orvideo 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:
(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.
(h) 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.
(k) Motel, hotel or similar lodging facilities.
(1) 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
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�. 169 m 0208
10-10.21A BEND CODE 10-10.21A
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.
(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 and industrial uses.
Miscellaneous:
(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.
•
10-10.21A
(y) Planned Unit
ordinance.
(z) Pedestrian ameni
signs, and waste
(aa) Other compatible
169 -- 0209
BEND CODE 10-10.21A
(PUD) subject to the standards in Section 30 of this
such as seating areas, drinking fountains, low level directional
subject to approval by the Design Review Board.
(6) Building and Site Develop= ment 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 and is subject to review and approval by the Design
Review Board.
(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 tliis 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.
I
(e) Landscaping and Open Space. The design and development of landscaping and
open space shall: I
(A) Retain and conserve riparian vegetation within the bed and banks of the
Deschutes I River and adjacent to the river to the maximum extent
practicable. There shall be no net loss of natural wetlands adjacent to the
river. j
(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
I
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10-10.21A -
169 w 0210
BEND CODE 10-10.21A
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.
(1) Utilities: Electric power, natural gas, telephone and cable lines shall be installed
underground.
0 (m) Signs: Directional and identification signs shall be in proportion with and visually
10-10.21A BEND CODE 16 9 O Z 1 110-10.21A
I,
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 Design Review Board 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.
i
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]
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10-10.22
BEND CODE
169 - 0213
10-10.22
Section 22. Flood Plain Combining Zone, or FP Zone.
(1) 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
0 flood hazard; and,
(h) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(2) 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
169 - 0214
10-10.22 BEND CODE 10-10.22
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 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 22(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 t9 any alteration or relocation of a watercourse, notice of the proposed
alterati��f 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.
(S) 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
10-10.22
BEND CODE
169 ~ 0215
five and ten percent, and five-foot for greater slopes.
(c) The location of existing and proposed diking or revetments, if any.
10-10.22
(d) 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.
re in 17M "MUMT-4
(a) 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.
(7) 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.
169 0216
10-10.22 BEND CODE 10-10.22
(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.
(b) 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:
i
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.
4. Nonresidential structures that are elevated, not floodproofed, must meet
the same standards for space below the lowest floor as described in Section
22(7)(a)2.
5. 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).
(c) Manufactured Homes. All manufactured homes to be placed or substantially
improved within Zones Al -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 22(8A)(b).
(8) Construction Materials and Methods.
(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
•
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10-10.22
BEND CODE
169 - -0 217
10-10.22
(b) All new construction and substantial improvements shall be constructed using
0 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.
(8A) 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 over -the -top or frame ties to ground anchors (Reference FEMA's
"Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques).
• i••iii i i•, • i ••.� .. •a
(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.
(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 22(8A)(b).
(b) The placement of a manufactured home in the floodway is prohibited.
10-10.22 BEND CODE 169 0218 10-10.22
i
(11) 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.
i
(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.
i
(12) Floes. Located within areas of special flood hazard established in Section 22((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 22(7),1 Provision for Flood Hazard Reduction.
(13) Technical Variances. A technical variance from the requirements of Section 22 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.
•
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169 0219
10-10.22 BEND CODE 10-10.22
(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.
(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.
(16) 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.
(17) 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
169 0220
10-10.22 j BEND CODE 10-10.22
extraordinary public expense.
[Section 22 amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 22 repealed by ORD. No. NS -1462, passed September 2, 1987]
[Section 22 added by ORD. No.i NS -1462, passed September 2, 19871
[Section 22(7)(a)2(iii) added by ORD. No. NS -1475 passed July 20, 1988]
[Section 22(7)(a)1 amended by ORD. No. NS -1617 passed June 15, 19941
[Section 22(8A)(a) and (b) added by ORD. No. NS -1631 passed March 1, 1995]
i
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169 m 0221
10-10.22A BEND CODE 10-10.22A
Section 22A. Deschutes liver Corridor Design Review Combining Zone.
(1) 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:
(2)
(a) Recognize and respect the unusual natural beauty and character of the Deschutes
River.
(b) Conserve and enhance the existing riparian zone along the Deschutes River.
(c) Allow the community flexibility in reviewing development proposals within the
Areas of Special Interest that are designated on the Bend Area General Plan.
(d) Maintain the scenic quality of the canyon and rimrock areas of the Deschutes
River.
(e) Conserve and enhance property values.
(f) Preserve, protect and enhance water quality.
(g) Encourage development, preservation and enhancement of reasonable public access
to the river for recreational use and visual enjoyment.
(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.
(3) 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.
•
10-10.22A
(4)
(5)
169 ~0222
BEND CODE
10-10.22A
(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.
(d) To approve a design plan the Bend Urban Area Planning Commission must find
compliance with the provisions of this ordinance.
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.
Minimum Standards. Within the Deschutes River Corridor the following minimum
standards shall apply:
(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:
U
10-10.22A
BEND CODE
169 -0223
10-10.22A
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 setback.
(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
10-10.22A
structure.
BEND CODE
169 -- 0224
10-10.22A
(6) 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 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.
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10-10.22A
BEND CODE
169 -0225
10-10.22A
(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 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 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(5)(b) amended by Ordinance No. NS -1414, passed June 19, 1985.]
[Section 22A added by Ordinance No. NS -1428, passed February 19, 1986, repealed April 30,
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 repealed by Ordinance No. NS -1444, passed July 16, 1986.]
[Section 22A added by Ordinance No. NS -1584, passed March 3, 1993.1
[Section 22A amended by Ordinance No. NS -1593, passed June 2, 1993.]
[Section 22A amended by Ordinance No. NS -1625, passed December 21, 1994.]
•
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10-10.23
BEND CODE
169 - 0226
10-10.23
Section 23. Site Plan Approval.
(1) ase. 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 encouragedto 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.
(c) The Site Plan Committee shall approve, approve with conditions, or disapprove the
1 bU - u44 r
10-10.23 BEND CODE 10-10.23
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.
(6) 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.
(1) Location or orientation of buildings and entrances closer to street to serve
pedestrians, bicyclists and/or mass transit use.
169 - 0228
10-10.23 BEND CODE 10-10.23
(m) 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.
(a) Minimum Landscaping Standards. All developments subject to site plan approval shall
169 0229
10-10.23 BEND CODE 10-10.23
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.
i
(B) Irrigation
All plant imaterials, 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.
i
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,
•
0
169 w 0230
10-10.23 BEND CODE 10-10.23
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.
10-10.23
i
169 0231
BEND CODE 10-10.23
I
(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 carolimana
Callery Pear/Pyres 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.
is
169 0232
10-10.23 BEND CODE 10-10.23
3. 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.
(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
10-10.23
BEND CODE
follows:
i
Units with one or two bedrooms:
169 ~0233
10-10.23
200 square feet of lawn per unit. 0
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.
i
(d) Drainage. Surface drainage shall be contained on site.
(e) Bicycle Parking. 1 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.
I
(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.
Orienting:: building entrances to a transit facility; or
2. 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.
•
•
•
10-10.23
BEND CODE
Protect 100% of the important natural vegetation
over the entire site
Protect 75% of the important natural vegetation
over the entire site
Protect 50% of the important natural vegetation
over the entire site
Protect 25 % of the important natural vegetation
over the entire site
169 0234
10-10.23
Paving Setback Reduction
21-011
1'-6"
1'-0"
611
(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 Paying Setback Reduction
All new trees planted have a diameter of at least 4" 2'-0"
All new trees planted have a diameter of at least 31fz" 11-6"
All new trees planted have a diameter of at least 3" 1'-0"
All new trees planted have a diameter of at least 21/2 " 6"
(c) 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.
100% of the parking lot will be blocked by plantings in 2'-0"
the setback within 5 years of project completion
85 % of the parking lot will be blocked by plantings in 11-611
the setback within 5 years of project completion
70% of the parking lot will be blocked by plantings in 11-011
the setback within 5 years of project completion
55 % of the parking lot will be blocked by plantings in 6"
the setback within 5 years of project completion
Size of Shrubs Planted in the Setback Paving Setback Reduction
100% of new shrubs planted in the setback area are 2'-0"
bought in 5 gallon containers
169 0235
10-10.23 BEND CODE 10-10.23
75 % of new shrubs planted in the setback area are 1'-6"
bought in 5 gallon containers
50% of new shrubs planted in the setback area are 11-011
bought in 5 gallon containers
25 % of new shrubs planted in the setback area are 6"
bought in 5 gallon containers
i
(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 Paving Setback Reduction
A 3'-0" high berm is provided in the setback area 2'-0"
A 2'-6" high berm is provided in the setback area 1'-6"
A 2'-0" high berm is provided in the setback area 1'-0"
A 1'-6" high berm is provided in the setback area 6"
i
(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 Ping Setback Reduction
Impervious surface is' 50% of lot area or less 21-011
Impervious surface is' 60% of lot area or less 1'-6"
Impervious surface is 70% of lot area or less 11
-0"
Impervious surface is, 80% of lot area or less 6"
i
(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 Paying Se+back Reduction
Open Pavers are used for 100% of the site paving 21-011
Open Pavers are used for 85 % of the site paving 1'-6"
Open Pavers are used for 70% of the site paving 1'-0"
Open Pavers are used for 55 % of the site paving 6"
•
11
169 0236
10-10.23 BEND CODE 10-10.23
(a) 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 '/i 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.
i
169 _ 0237
10-10.23 BEND CODE 10-10.23
[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, 19831
[Section 23 amended by ORD. No. NS -1475 passed July 20, 1988]
[Section 23(6)(g) thru (m) amended by ORD. No. NS -1592 passed June 2, 19931
[Section 23(9)(e) thru (g) added by ORD. No. NS -1592 passed June 2, 1993]
[Section 23(10)(a) thru (1) added! by ORD. No. NS -1616 passed June 1, 1994]
[Section 23 (3) amended by ORD. No. NS -1619 passed September 7, 19941
[Section 23 (3) amended by ORD. No. NS -1651 passed February 7, 1996.]
[Section 23 (11) 0) - (k) added by ORD. No. NS -1651 passed February 7, 19961
[Section 23 (9) amended by ORD. No. NS -1670 passed February 19, 1997]
•
10-10.23A
BEND CODE
169 - 0238
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.
(e) All new signage.
(f) All building expansions greater than 10,000 square feet.
(3) 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.
(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.
169 0239
10-10.23A BEND CODE 10-10.23A
I
(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 las specified by the City. The application form lists the required
submittal information.
i
(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:
I
(A) Natural Features
Building's 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 buildingslal 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 walkwayhall be provided from the primary frontage
sidewalk for pedestrians to access building entrances. This internal walkway
lhalj 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
- 169 0240
10-10.23A BEND CODE 10-10.23A
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 walkwayshall 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 walkwayshill, 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
(l.) 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
wallshall 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.
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.
169 0241
10-10.23A I BEND CODE 10-10.23A
I
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.
i
(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
Exterior colorshall 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
169 02.2
10-10.23A BEND CODE 10-10.23A
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 X11 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 5hLll 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.
0 (C) Pedestrian Walkways
(1.) Walkways From the Sidewalk To Building Entrances.
A continuous pedestrian walkwayhall 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 shaU be developed for persons who need access
to the building(s) from the parking pods. The walkways shall be located within
the pods and shallbe 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
walkwayshall 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.
169 -0243
10-10.23A BEND CODE 10-10.23A
(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 shad 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.
A portion of the on-site landscapinghill 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 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 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 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
fines 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 usedi to conceal flat roof tops. Overhanging eaves, sloped roofs and
•
•
169 -0244
10-10.23A BEND CODE 10-10.23A
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 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.
(4.) 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 colorshall 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.
(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, light fixtures and flag
poles X11 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) Exception . 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;
169 ~0245
10-10.23A BEND CODE 10-10.23A
(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.
i
(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.
x: [Section 23A added by Ordinance No. NS -1670 adopted February 19, 1997]
r7
10-10.24
BEND CODE
169 - 0247
10-10.24
Section 24. Off -Street Motor Vehicle Parking and Loading.
IS (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 Number of Berths Required
Les than 5,000 0
5,000 - 30,000 1
30,000 - 100,000 2
100,000 and over 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:
Less than 30,000
30,000 - 100,000
100,000 and over
0
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.
169 -- 0248
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 Requirement
(a) 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:
i
(b) Commercial Residential
Hotel:
Motel
.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
1 space per guest room plus
1 space per 2 employees
1 space per guest room or suite plus 1
additional space for the owner or manager
•
11
•
•
•
0
169 0249
10-10.24 BEND CODE 10-10.24
Use 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: 1 space for each 6 student beds
(c) institutions
Welfare or correctional
instiution:
Convalescent hospital, nursing
home, sanitarium, rest home,
home for the aged:
Hospital:
- in, I,[]
Church:
Library, reading room,
museum, art gallery:
Pre-school nursery
or kindergarten:
1 space per 3 beds for patient or inmates
1 space per two beds for patients
or residents
1.50 spaces per bed
1 space per 4 seats or 8 feet of
bench length in the main auditorium
1 space per 400 square feet of floor
area plus 1 space per 2 employees
2 spaces per teacher
Elementary or Junior 1 space per employee or 1 space per 4 seats
High School: 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 1 space per 3 seats in classrooms
school for adults:
10-10.24
(e)
(f)
j 169 -- 0250
BEND CODE 10-10.24
Use Requirement
Other audiitorium! or 1 space per 4 seats or 8 feet of bench
meeting room:
length.
If no fixed seats or benches, 1 space per 60
square feet of floor area
Commercial Amlisements
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
3 spaces for each of the first 2 beauty or
Barber shop:
barber chairs, and 11h spaces for each
additional chair
Retail store except stores selling
1 space per 300 suare feet of gross
bulky merchandise and
floor area
grocery stores 1,500 square feet
gross floor area or less:
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) 1 space per 300 square feet of
medical and dental): gross floor area
Medical and dental office or clinic: 1 space per 150 square feet of
gross floor area
Eating or drinking establishments: 1 space per 120 square feet of
gross floor area
•
10-10.24
Use
Mortuaries:
(g) Industrial
Manufacturing
establishment:
BEND CODE
Storage warehouse, wholesale
establishment, rail or trucking
freight terminal:
169 - 0251
1 space per 4 seats or 8 feet of
bench length in chapels
1 space per employee on the
two largest working shifts
1 space per 2,000 square feet
of floor area
10-10.24
(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 1 space per 300 square feet of gross floor
health center: area or by components listed by activity
in Section 19, whichever is greater
(a) More Dian 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
169 ~ 0252
10-10.24 BEND CODE 10-10.24
parking of operable passenger automobiles of residents, customers, patrons and
employees 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 Is
business or use.
(e) Prig, 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.
I
(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 Varking. 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
10-10.24
BEND CODE
169 -0253
10-10.24
maximum 10% reduction in the total number of motor vehicle spaces.
• participate in an area wide carpool/vanpool ride matching program for
employees;
• 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.
(6) 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
0 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.
(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
169 0254
10-10.24 BEND CODE 10-10.24
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.
•
•
0
10-10.24
BEND CODE
169 0255
10-10.24
(7) 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
9'-0"
9.0
12.0 22.0 30.0
00
9'-6"
9.5
12.0 22.0 31.0
10'-0"
10.0
12.0 22.0 32.0
9'-0"
19.8
13.0 12.7 52.5
450
9'-6"
20.1
13.0 13.4 53.3
10'-0"
20.5
13.0 14.1 54.0
9'-0"
21.0
18.0 10.4 60.0
600
9'-6"
21.2
18.0 11.0 60.4
10'-0"
21.5
18.0 11.9 61.0
9'-0"
21.0
19.0 9.6 61.0
700
9'-6"
21.2
18.5 10.1 60.9
10'-0"
21.2
18.0 10.6 60.4
9'-0
20.0
24.0 9.0 64.0
90°
9'-6"
20.0
24.0 9.5 64.0
10'-0"
20.0
24.0 10.0 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
(a)
(b)
i
BEND CODE
169 ~0256
10-10.24
For one row of stalls use "C" + "D" as- minimum bay width.
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 estiTating 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 BEND CODE
(8) Required Bicycle Parking -
169 a9 0257
10 -10.24
(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.
Multi -family dwellings 1 covered space per unit
with 4 units or more:
Retirement home or 2 covered spaces or 1 covered space for
assisted living complex: 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 No bicycle spaces required
merchants, and similar
temporary sales operations:
Restaurants, cafes 1 covered space for every 10 employees plus
and taverns: 1 space for every 20 motor vehicle spaces
Professional office: 1 covered space for every 10 employees plus
1 space for every 20 motor vehicle spaces
Medical or dental office 1 covered space for every 10 employees plus
or clinic or hospital: 1 space for every 20 motor vehicle spaces
Stadium, arena, theater 1 space for every 20 seats
or similar public use:
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
(9)
Use
Public or private
recreational facility:
i
Industrial uses without
retail trade or service:
Industrial uses with retail
trade or service
BEND CODE
169 0258
10-10.24
space for every 10 employees plus. 1 space
for every 20 motor vehicle spaces
1 covered space for every 20 employees
covered space for every 20 employees plus.
space for every 20 motor vehicle spaces
(b) 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.
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
•
•
•
169 - 025s
10-10.24 BEND CODE 10-10.24
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, 19791
[Section 24(4)(f) amended by ORD. No. NS -1308 passed January 7, 19811
[Section 24(3) amended by ORD. No. NS -1560 passed April 15, 19921
[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, 19931
[Section 24(4)(1) added by ORD. No. NS -1599 passed August 4, 19931
[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]
0
169 0260
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 21/2 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) 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.
(2) 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
0 and loading spaces so designed as to minimize traffic hazards and congestion. Applicants
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shall show that odor, dust, noise and drainage shall not constitute a nuisance, hazard or
health problem to adjoining property or uses.
(3) Cemetery,Crean atory or'Maucoleum. 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 nstiMtk . 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 minunize 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.
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(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.
(9) 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:
(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. 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.
(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 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-of-way 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
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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. 0
(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 theaggregate 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 50ifeet 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 Tot Perm.
(a) P=ose. 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 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
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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
is 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 1501 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) 1 andingStrips for Aircraft, Helios. 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 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
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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 din 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, all 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 21h,
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10-10.25 BEND CODE 10-10.25
RS, 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.
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BEND CODE 10-10.25
4. The facility will maintain or enhance the existing recreational opportunities
on or adjacent to the affected stretch of the river.
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
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 -and -
removal 'statutes and regulations.
(d) The applicant for a Conditional Use Permit under Subsection (c) above shall submit the
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10-10.25 BEND CODE 10-10.25
following for approval:
1. Detailed construction plans and profiles of all facility features, including
building elevations of the powerhouse and other structures, excavation
plans 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:
0 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
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10-10.25 i BEND CODE 10-10.25
requirements in paragraphs (a) through (f) of this subsection,.
(21) Destination Resorts.
(a) Information to be supplied by the applicant:
1. Proposed ;land uses and densities
2. Building types
3. Circulation pattern
4. Park, playground, and open space
5. Existing natural features
6. Impacts on schools, roads, water and sewerage systems, fire protection
7. Proposed ;ownership pattern
8. Waste disposal facilities
9. Water supply system
10. Lighting
11. General timetable for development
(b) 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;
i
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:'
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BEND CODE
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10-10.25
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.
(d) 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.
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.
0 3. State law allows the dissemination of certain obscene material to adults, but prohibits
10-10.25 ! BEND CODE
(23)
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10-10.25
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.
6. Separating adult ente I tainment 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.
Timeshare Unit. Develonment 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. New timeshare units may be developed in vacant areas zoned UR or RM
provided that such development complies with (a) above and the following:
L That such development has a minimum site area of 20 acres.
i
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
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10-10.25 BEND CODE 10-10.25
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.
(24) 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 approve a permanent permit for the inn. The following minimum standards shall
also apply:
(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.
(25) Temporary Uses. Temporary structures and uses are permitted only as follows:
(a) In the CC, CL, CG, CH, and CB zones:
•
(26)
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BEND CODE
ee sales from November 26 to December 31.
Iles from June 23 to July 4.
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•ganizations' fund-raising sales if the nonprofit status of said
is recognized by the Internal Revenue Service.
(b) 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:
1. Outdoor activities in conjunction with, and on the same lot as, an approved
use in the! CB zone.
I
2. Such outdoor activities shall be subject to site plan review and may be
regulated ias 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.
i
(d) All produce, shelters, tables, chairs and debris shall be removed by the merchant
at the end of the activity.
i
Fill and Removal. Except as otherwise provided in this ordinance, no person shall fill or
remove any material or remove any vegetation, regardless of the amount, within the bed
and banks of any stream or river, or in any wetland, unless such fill or removal is
approved as a conditional use by the Hearings Body in accordance with the following
standards:
(a) An application shall be filed containing a plan with the following information:
i
1. A detailed explanation of the planned fill or removal including the amount
of material to be filled or removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan drawn to scale, and accompanied by such drawings, sketches,
and descriptions as are necessary to describe and illustrate the proposed fill
or removal. The site plan shall, at a minimum, include:
I
i. . An inventory of existing vegetation.
I
i
•
•
•
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169 - 0 27 4
BEND CODE
ii. The proposed modifications, if any, to the vegetation.
iii. Existing and proposed site contours.
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iv. Location of property lines, easements, and high water marks.
V. Other site elements or information which will assist in the
evaluation of the proposed fill or removal.
4. A letter from the Oregon Department of Fish and Wildlife stating that
there will be no adverse impacts upon fish or wildlife habitats from the
proposed fill or removal.
(b) Public facility and service uses, such as construction or maintenance of roads,
bridges, electric, gas, telephone, water, sewer, transmission and distribution lines,
and related facilities controlled by public utilities or cooperative associations, shall
not be granted Conditional Use Permits to fill or remove unless the following
findings are made by the Hearings Body:
1. That all necessary state and federal permits will be obtained as a condition
of approval of the conditional use.
2. That the roads, bridges, transmission and distribution lines, and related
facilities cannot, as a practical matter, be located outside of the wetland,
or bed and bank of the stream or river.
3. That the construction or maintenance requiring the fill or removal will be
done in a manner designed to minimize the adverse impact upon the
wetland, stream, or river.
4. That erosion will be adequately controlled during and after construction.
5. That the impacts on fish and wildlife habitat from the fill or removal will
be minimized to the greatest extent practical.
(c) Fill or removal required for public park and recreation areas, natural and outdoor
education areas, historic and scientific areas, wildlife refuges, public boat
launching ramps, public docks and public walkways shall not be allowed as a
conditional use unless the following findings are made by the Hearings Body:
1. That all necessary state and federal permits will be obtained as a condition
of approval of the Conditional Use Permit.
0 2. That only the minimum removal of vegetation or material and dredging or
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excavation necessary for construction and maintenance will be done.
i
3. That the specific location of the site will require the minimum amount of
disturbance to the natural environment, considering alternative locations
in the area and methods of construction.
4. That such construction and maintenance is designed and done in such a
manner as to minimize the adverse impact on the site.
5. That erosion will be adequately controlled during and after construction.
6. That the impacts on fish and wildlife habitat by the fill or removal will be
minimized to the greatest extent practical.
(d) Except for uses identified in Subsections (2) and (3) above, an application for a
Conditional Use ' Permit for activity involving fill or removal of material or
vegetation within the bed and banks of a stream, river, or wetland:
1. Shall be granted only after consideration by the Hearings Body of the
following, factors:
L The effects on public or private water supplies and water quality.
ii. The effects on aquatic life and habitat.
iii. The effects on wildlife habitat.
iv. Recreational, aesthetic, and economic values of the affected water
resources.
V. Effects on the hydrologic characteristics of the water body, such as
direction and velocity of flow, elevation of water surface, sediment
transportation, capacity, stabilization of the bank, and flood
hazards.
vi. The character of the area, considering existing stream bank,
stabilization problems, and fill or removal projects which have
previously occurred.
2. Shall not be granted unless the Hearings Body finds that all of the
following conditions are met:
L That all necessary state and federal permits will be obtained as a
condition of approval of the conditional use.
i
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169 0276
10-10.25 BEND CODE 10-10.25
ii. That there is no practical alternative to the proposed project which
will have less impact on the surrounding area, considering the
factors established in Subsection (4) a. above.
iii. That there will be no significant impacts on the surrounding area,
considering the factors established in Subsection (4) a. above
iv. That erosion will be adequately controlled during and after the
project.
V. That vegetation will maintain the essential character, quality, and
density of existing growth. Additional vegetation shall be required
if necessary to protect aquatic life habitats, functions of the
ecosystem, wildlife valued, erosion, and aesthetic resources.
vi. That the proposed fill or removal activity will be consistent with all
relevant goals and policies of the Bend Area General Plan.
vii. That a conservation easement, as defined in Section 4 of this
ordinance, shall be conveyed to the City, which provides at a
minimum, that all elements of the project will be carried out and
maintained as approved, in perpetuity, forthe regulated fill or
removal area, and all real property on the same lot within 10 feet
of any wetland, river, or stream.
169 - 0 27 7
10-10.25 BEND CODE 10-10.25
[Section 25(14) amended by ORD. No. NS -1260 passed December 5, 19791
[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 15,19821
[Section 25(1)(h) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 25(7) 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(10) amended by ORD. No. NS -1372 passed March 2, 19831
[Section 25(12) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 25(14) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 25(18) 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. iNo. NS -1380 passed June 15, 19831
[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, 19861
[Section 25(20) repealed by ORD. No. NS -1444 passed July 16, 19861
[Section 25(20) added by ORD. 'No. NS -1444 passed July 16, 19861
[Section 25(26) added by ORD. No. NS -1445 passed July 16, 19861
[Section 25(1) amended by ORD. No. NS -1461 passed August 19, 19871
[Section 25(8) repealed by ORD,. No. NS -1475 passed July 20, 1988]
[Section 25(11) repealed by ORD. No. NS -1475 passed July 20, 1988]
[Section 25(1)(g) repealed by ORD. No. NS -1488 passed December 21, 19881
[Section 25(25) amended by ORD. No. NS -1563 passed June 3, 19921
169 0 27 8
10-10.25A BEND CODE 10-10.25A
Section 25A. Manufactured Homes
0 (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.
(h) Definitions. For purposes of this section only, the definitions of terms used herein
169 -- 0279
10-10.25A I BEND CODE 10-10.25A
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.
(2) Manufactured Home Classes. For purposes of these regulations, manufactured homes are
divided into the following types:
(a) 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;
i
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.
(b) A Class B manufactured home shall:
1. Have moi re than seven hundred fifty (750) square feet of occupied space
in a single, double, expando, or multi -section unit (including those with
169 0280
10-10.25A BEND CODE 10-10.25A
add -a -room 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. Bear an insignia of compliance with the Manufactured Housing
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.
(c) 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. Have utilities connected in accordance with manufacturer's specifications
and Oregon Department of Commerce requirements;
5. Bear an insignia of compliance with the Manufactured Housing
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.
(d) 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
169 ~ 0281
10-10.25A BEND CODE 10-10.25A
determining appropriateness for placement, Class D manufactured homes shall:
1. Have more than three hundred and twenty (320) square feet of occupied
space; j
i
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. Have utilities connected in accordance with manufacturer's specifications
and Oregon Department of Commerce requirements;
5. Be in good repair and free of structural, electrical, mechanical, and
plumbing defects, any of which must be corrected prior to placement.
(3) 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) 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:
i
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 oc D and as replacements to any other Class D unit.
4. Class D - Permitted only in manufactured home parks.
(b) Foundations/Skirting Support Systems:
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,
•
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10-10.25A
BEND CODE
169 p 0282
10-10.25A
Chapter 814, Division 23).
2. All Class A and Class Bmanufactured 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 self -extinguishing 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
design;
9
10-10.25A BEND CODE 1 6 O 10-1 .25A
2. A copy oflthe manufacturer's approved instructions which will be used for
installation purposes, where applicable;
be required b the Building Official or
3. Such other information as may q y g
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 iNecesssary. 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 i 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.
. II
(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.
(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
169 0284
10-10.25A BEND CODE 10-10.25A
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.
u.iWI=- .•iM, M •.• •�
(a) Lot i e 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.
(a) Minimum Area Required. All manufactured home parks shall consist of a
minimum area of five acres.
(b) Dem. 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.
(d) Permitted Uses. Manufactured home parks may contain manufactured homes and
accessory structures permitted in Section 25, community laundry and recreation
169 » 0285
10-10.25A I BEND CODE 10-10.25A
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.
i
[Section 25A added by ORD. No. NS -1475 passed July 20, 19881
[Section 25A (2) amended by ORD. No. NS -1522 passed Dec. 19, 1990]
[Section 25A (3) amended by ORD. No. NS -1522 passed Dec. 19, 1990]
[Section 25A (6) amended by ORD. No. NS -1522 passed Dec. 19, 19901
i
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10-10.26
BEND CODE
Section 26. Special Setback Provisions on Certain Streets.
169 -0266
10-10.26
(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
50 feet
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
(2) Landsc= 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.
- 169 ., 0267
10-10.26 BEND CODE 10-10.26
i
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]
[Section 26(1) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 26(4) amended by ORD. No. NS -1372 passed March 2, 19831
169 0268
10-10.26A BEND CODE 10-10.26A
Section 26A. Solar Setbacks.
1 . The purpose of this section is to provide as much solar access as feasible during
() a PrP P g
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. The south roof protection shall not apply only if the applicant
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) 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;
(ii) That it is a permitted or conditional use for the lot.
(3) 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
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169 0289
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.
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169 - 0290
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) Annlication 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.
9. A plot plan showing the location of and delineating all exempt and non-
169 M 0291
10-10.26B BEND CODE 10-10.26B
exempt vegetation as shown on the sun chart photograph as well as any
non-exempt vegetation not shown on the sun chart which may encroach on0
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.
(c) The solar access permit application shall be approved if:
1. The solar collector is or will be a productive solar collector.
i
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 solaraccess 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.
(3) 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. !
I
•
•
10-10.26B
BEND CODE
169 -0292
10-10.26B
(c) The form of the solar access permit shall be as prescribed by the City and shall
contain at a minimum:
1. 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 h imming 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 to 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.
•n i. •� •
No F MR q W 0 ''•n
(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.
10-10.27
BEND CODE
169 -0293
10-10.27
Section 27. Interpretation,; and Exce io s.
. If at the time of passage of this ordinance
(1) GeneralExceptions4 t g ,
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 single-family 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 R_e 1gLL ations. 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 2613.
(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.
(5) 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
10-10.27
(6)
BEND CODE
169 -- 0294
10-10.27
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 shalll 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 blot 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.
i
R.O.W. Width i Clear Vision Measurement
80 feet and more' 20 feet
60 feet 30 feet
50 feet 40 feet
(a) Projections into required yards: Certain architectural features may project into
required yards or'icourts 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, open -
uncovered 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.
i
(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
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
BEND CODE
169 - 0295
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.
�� I :-pis •M, U
The following fill and removal activities may be authorized by the Planning Director upon
a finding that no adverse impacts will occur to the water resources of the City of Bend:
(a) Fill or removal for maintenance and repair of existing bridges, dams,
irrigation facilities, and similar public and semi-public facilities, provided
169 - 0296
10-10.27 ; BEND CODE 10-10.27
such fill or removal does not alter the existing characteristics of the stream,
river, or wetland. .
(b) Fill or removal for maintenance and repair of nonconforming structures or
boat docks.,
(c) Minor fill 'or removal required for vegetative enhancement, including
excavation and preparation of the ground for planting additional vegetation.
(d) Normal maintenance and pruning of trees and shrubs; and removal of
diseased or insect -infested trees or shrubs, or rotten or damaged trees that
present safety hazards.
i
[Section 27(10) amended by OR No. NS -1308 passed January 7, 19811
[Section 27(3) amended by ORD: No. NS -1378 passed June 1, 19831
[Section 27(5) amended by ORD: No. NS -1372 passed March 2, 1983]
[Section 27(12) amended by ORD. No. NS -1445 passed July 16, 19861
[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, 19931
[Section 27(12) amended by ORD. No. NS -1584 passed March 3, 1993]
[Section 27(6)(b) amended by ORD. No. NS -1614 passed May 18, 1994]
10-10.28
BEND CODE
169 - 0297
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:
(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.
(5) 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.
(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
169 0298
10-10.28 BEND CODE 10-10.28
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 off-street 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.
[Section 28 amended by ORD. No. NS -1372 passed March 2, 19831
0
169 - 0299
10-10.29 BEND CODE 10-10.29
Section 29. Conditional Ilse Permits.
(1) lose. 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:
(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.
(4) 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.
0
10-10.30
BEND CODE
169 - 0 300
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) Annroval 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) ADDIS icatio_n. 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 it 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 Annlication. 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 Real i ired. 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.
•
169 -- 0301
10-10.30 BEND CODE 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. is
(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 byi the Comprehensive Plan.
(7) 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.
I
(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).
(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
•
0
10-10.30
BEND CODE
169 - 0302
10-10.30
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, owners associations, and owners and their guests. Provisions shall
be made to buffer these uses from incompatible uses or adjoining properties.
169 0303
10-10.30 BEND CODE 10-10.30
(8) Approval Authority Action. In taking action, the Approval Authority may approve,
approve with conditions,i 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.
i
[Section 30 amended by ORD. No. NS -1372 passed March 2, 19831
[Section 30(8) amended by ORD., No. NS -1378 passed June 1, 19831
[Section 30 amended by ORD. No. NS -1475 passed July 20, 19881
[Section 30(3) amended by ORD: No. NS -1522 passed Dec. 19, 19901
[Section 30(7)(e),(f) and (h) amended by ORD.No. NS -1592 passed June 2, 1993]
[Section 30(7)0) added by ORD. No. NS -1653 passed March 6, 1996]
•
I
169 - 0304
10-10.31 BEND CODE 10-10.31
Section 31. Variances.
(1) Authori7ation 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.
., 94, a I I1t P W, M �
(a) In the case of a yard variance, the applicant shall show the approval will result in:
1. More efficient use of the site.
0
j 169 0305
10-10.31 BEND CODE 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) 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.
(5) Abnli cation for a Varian 6e. 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.
[Section 31 amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 31 amended by ORD. No. NS -1475 passed July 20, 1988]
0
10-10.32
BEND CODE
169 — 0306
10-10.32
Section 32. Revocation of Permits or Variances.
1 . An Planned Unit Development Permit,
(> y r
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.
[Section 32 amended by ORD. No. NS -1475 passed July 20, 1988]
•
•
10-10.33
BEND CODE
169 - 0307
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 b, 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
BEND CODE
169 - 0308
10-10.33
(6) 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.
[Section 33(2) amended by ORD. No. NS -1372 passed March 2, 19831
[Section 33(3) amended by ORD. No. NS -1372 passed March 2, 1983]
[Section 33 amended by ORD. No. NS -1475 passed July 20, 1988]
•
•
C7
10-10.34
Section 34.
BEND CODE
169 m 0309
10-10.34
[Section 34 repealed by ORD. No. NS -1556 (Land Use Procedures Ordinance), passed February
5, 1992]
169 0310
10-10.35 BEND CODE 10-10.35
Section 35.
[Section 35 repealed by ORD. No. NS -1556 (Land Use Procedures Ordinance), passed February
5, 1992]
I
169 0311
10-10.36 BEND CODE 10-10.36
Section 36. Enforcement and Penalties.
1 Enforcement. It shall be the du of the Ci Planning Director to enforce this ordinance.
() duty City g
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.
(2) Penalties for Violation. A violation of the provisions of this ordinance is punishable upon
conviction by:
(a) A fine of not more than $100 for each day of violation where the offense is a
continuing offense, but such fine may not exceed $1,000.
(b) A fine of not more than $500 where the offense is not a continuing offense.
(3) Injunctive Relief. 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. In the enforcement of
provisions prohibiting nuisances caused by odor, sound, vibration and the like, the City
Planning Director may seek injunction against the specific device, activity or practice
causing the nuisance.
(4) 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 committed the violation.
C7
169 0312
10-10.36 BEND CODE 10-10.36
(5) Abatements. Where, because of the absence of the responsible person, or persons from
the City or from the State; as the case may be, the courts of the City of Bend or the State
of Oregon cannot secure effective jurisdiction over the person or persons responsible for
the cause or continuation of a structure or condition erected or maintained in violation of
this ordinance, or where the City Council deems it important to the public interest that the
unlawful structure or condition be removed or corrected without delay, the City Council
may, after notice and hearing order the removal of the unlawful structure or condition, and
if such removal or correction is not effected within the time prescribed in the order, the
Planning Director shall cause such abatement, going upon the premises with such men or
equipment as may be necessary, and the City Council shall thereafter by ordinance assess
the cost of abatement against the real property. The lien of the assessment shall be
enforced in the same manner as in the case of street improvement liens. Notice of hearing
shall be sufficient if given 30 days in advance of the hearing, either by personal delivery
or by mailing the same to the last known address of the owner of the property as shown
by the County Assessori's records. The order shall be served upon the owner or
responsible person in the manner prescribed for the notice of hearing, and the owner or
responsible person shall have such period of time after service of the order but not less
than 30 days, as the City Council may deem to be reasonably necessary to accomplish the
requirements of the order; The notice of hearing and the abatement order shall contain a
notice to the property owner, or other person served, that the City of Bend shall not be
responsible for the condition or storage of the component parts of, or personal property
situated within, the structure following abatement by the City. The remedy of abatement
shall be in addition to, and not in lieu of, the other remedies prescribed in this section.
[Section 36(2) amended by ORD. No. NS -1308 passed January 7, 1981]
•
•
0
10-10.37
BEND CODE
169 M 0313
10-10.37
Section 37. Severability and Validity. If any section, subsection, sentence, clause or phase of
Wis 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.
•
L-1
169 0314
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.
•
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EXHIBIT C 169 - 0317
10-10.9B BEND CODE 10-10.9B
Section 9B. Surface Mining Zone or SM
(1) ose 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:
(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.
(3) 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.
169 - 0318
10-10.9B BEND CODE 10-10.9B
(4) Dimensional Standards. In a SM zone, the following dimensional standard shall apply:
(a) 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.
(5) 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:
10-10.9B
(8)
169 m 0319
BEND CODE 10-10.9B
An increase or decrease in required setbacks.
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.
(9) 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
169 0320
10-10.9B BEND CODE 10-10.9B
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.
(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 maybe 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.
(10) 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.
169 - 0321
10-10.9B BEND CODE 10-10.9B
(11) Bond. A bond or security deposit shall be required of all applicants sufficient to cover
costs plus 10% 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
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:
(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.
(14) 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.]
EXHIBIT 169 0322
10-10.9C BEND CODE 10-10.9C
Section 9C. Suburban Low Density Residential Zone or SR 2 1/2
(1) Purpose. To accommodate existing SR 2'/Z 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) Permitted Uses. The following uses are permitted:
(a) Single-family dwelling.
(b) Agriculture, excluding the keeping of livestock.
(c) Home occupations subject to Section 25 (15).
(d) Other accessory uses and accessory buildings and structures customarily
appurtenant to a permitted use.
(3) 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
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 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) Utility substations or pumping stations with no equipment storage and sewage
treatment facilities.
10-10.9C
(4)
(5)
(6)
BEND CODE
169 - 0323
10-10.9C
(h) Keeping of livestock subject to Section 25 (7).
(i) Kennel or commercial riding stable subject to Section 25 (2).
0) Planned unit development subject to the provisions of Section 30.
(k) Plant nurseries subject to Section 25 (19).
(1) Hydroelectric facility subject to Section 25 (20).
(m) Time share unit subject to Section 25 (23).
Height Regulations. No building or structure shall hereafter be erected, enlarged or
structurally altered to exceed 30 feet in height.
Lot Requirements. The following lot requirements shall be observed:
(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.
(A) The minimum lot size for single-family residential uses shall be
2.5 acres.
10-10.9C
BEND CODE
169 - 6324
10-10.9C
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.
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
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.
10-10.9C
BEND CODE
169 ~ 0325
10-10.9C
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.
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.
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.
C. 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.
169 -A 0326
10-10.9C BEND CODE 10-10.9C
4. 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 man-
made features which make connection
physically impractical or the sewer provider
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 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.
(7) Off -Street Parking. Off-street shall be provided as required in Section 24.
[Section 9C added by ORD No. 1702, passed July 15, 1998.]
EXHIBIT E
10-10.9D BEND CODE
Section 9D. Urban Low Density Residential Zone or RL
(1)
(2)
(3)
169 0327
10-10.9D
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.
Permitted Uses. The following uses are permitted:
(a) Single-family dwelling.
(b) Agriculture, excluding the keeping of livestock.
(c) Home occupations subject to the provisions of Section 25 (15).
(d) Other accessory uses and accessory buildings and structures customarily
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) 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. 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
treatment facilities.
(g) Planned unit developments subject to provisions of Section 30.
(h) Temporary subdivision tract offices.
169 0328
BEND CODE 10-10.9D
Lodge and fraternal organizations, except those carried on as a business for profit.
Keeping of livestock subject to Section 25 (7)
Moving in a single-family dwelling built prior to January 1, 1961.
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).
(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.
10-10.9D
.i MM 1]N
169 -0329
(h) Solar Setback. The solar setback shall be as prescribed in Section 26 A.
(6) Land Divisions.
10-10.9D
(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.
Partition Configuration.
a. A two -lot partition shall consist of a segregated lot
and a larger parent lot.
10-10.9D
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BEND CODE 10-10.9D
b. The segregated lot shall be no larger than 40,000
square feet, 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.
C. 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.
10-10.9D
BEND CODE
169 - 0331
10-10.9D
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 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.
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 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.
4. Sewage.
a. Pursuant to DEQ rules, new development and
existing nonresidential development shall be served
by sewer when sewer is available.
10-10.9D
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BEND CODE 10-10.9D
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 man-
made features which make connection
physically impractical or the sewer provider
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.]
EXHIBIT "F"
Section 28. Nonconforming Uses.
169 - 0333
(1) Verification of nonconforming use. Upon application, the Planning Division will verify whether
or not a use constitutes a valid nonconforming use in accordance with the provisions of this section
and applicable state law. Verification of the existence of a nonconforming use shall be required
prior to or concurrently with any application to alter or restore the use. The burden shall be upon the
applicant for alteration or restoration of a nonconforming use to demonstrate its lawful existence.
The applicant shall demonstrate all of the following:
(a) The nonconforming use was lawfully established on or before the effective date of the
zoning ordinance restricting or prohibiting the use, or had proceeded so far toward
completion that a right to complete and maintain the use would be deemed to have vested.
(b) The nonconforming use has existed continuously since the date it became nonconforming,
or if it has not existed continuously, has not been abandoned, or has not been interrupted
for a period in excess of one year.
(2) Maintenance of nonconforming use. Normal maintenance of a verified nonconforming use shall
be permitted provided that no alterations in the use or structure are made which change the size or
outward appearance of the nonconforming use.
(3) Restoration or replacement of nonconforming use. A verified nonconforming use may be restored
or replaced if all of the following criteria are met:
(a) The nonconforming use has been damaged or destroyed by fire or other casualty or natural
disaster.
(b) The nonconforming use is restored or replaced on the same location as it existed prior to
damage or destruction.
(c) The restoration or replacement of the nonconforming use is commenced within one year of
the damage or destruction.
(4) Alteration of a nonconforming use.
(a) The alteration of a nonconforming use shall be permitted when necessary to comply with
any lawful requirement.
(b) In all cases other than that described in paragraph (a) above, alteration of a nonconforming
use or structure or physical improvements shall be permitted when the following criteria are
met:
The alteration will have no increased adverse impact upon the neighborhood.
Any alteration to a nonconforming use permitted under this section also shall be
subject to all applicable provisions of this title, including site plan review.
PAGE 1 OF 1 - EXHIBIT "F" TO ORDINANCE 98-040 (8/26/98)