1. Copies of all map amendments shall be dated with the effective date of the ordinance or order adopting the map amendment, and shall be maintained without change, together with the adopting documents, on file at the City; and

2. The City shall make available for public inspection a current copy of the revised Bend Zoning Map, so that it accurately portrays changes of zone boundaries or classification.

3. Refinement Plans must go through the process described in BDC Chapter 4.1, Development Review and Procedures.

1. Boundaries indicated as approximately following the centerlines of streets, highways, railroad tracks or alleys shall be construed to follow such centerlines;

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

3. 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;

4. Boundaries indicated as approximately following a City boundary or the Urban Growth Boundary shall be construed as following said boundary;

5. Boundaries indicated as approximately following river, stream and/or drainage channels or basins shall be construed as following river, stream and/or drainage channels or basins, as applicable; and

6. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same land use district designation that is applicable to lands abutting the vacated area. In cases where the right-of-way formerly served as a land use district boundary, the lands formerly within the vacated right-of-way shall be allocated proportionately between the subject land use districts.

1. Existing dwelling units that were lawfully established in their current location are treated as permitted uses in the residential zones unless originally approved through a conditional use permit, in which case they must remain subject to any applicable conditions of approval. Such uses are not subject to BDC Chapter 5.2 unless otherwise nonconforming.

1. Duplex. Conversion of an existing single-unit detached dwelling to a duplex is allowed; provided, that the conversion does not increase nonconformance.

2. Triplex and Quadplex. Conversion of an existing single-unit detached dwelling or duplex to a triplex or quadplex is allowed; provided, that the conversion does not increase nonconformance.

1. RL and UAR Districts. The minimum front setback is 20 feet.

2. RS, RM-10, RM, and RH Districts. The minimum front setback is 10 feet. Garages and carports with street access must be set back a minimum of 20 feet from the front property line.

3. Where streets with insufficient right-of-way abut the site, special setbacks apply in conformance with BDC 3.4.200(J), Special Setbacks.

1. RL and UAR Districts. The minimum rear setback is 10 feet.

2. RS, RM-10, RM and RH Districts. The minimum rear setback is five feet.

Exception: Development in conformance with the provisions of BDC Chapter 3.8, Development Alternatives.

1. RL and UAR Districts. The minimum side setback is 10 feet.

2. RS, RM-10, RM and RH Districts. The minimum side setback is five feet.

Exception: Development in conformance with the provisions of BDC Chapter 3.8, Development Alternatives.

1. Garages and Carports.

c. Street Access. As shown in Figure 2.1.300, side entry garages that access a street must have a driveway with a minimum length of 20 feet from the front and side property lines.

2. Townhomes. Setbacks for lot lines where townhome units are attached are zero.

3. Clear Vision Areas. All structures must comply with this section, except as necessary to comply with BDC 3.1.500, Clear Vision Areas.

4. Bridges. Bridges that form the driveway or pedestrian access from the abutting street or alley are permitted in the setbacks.

5. Architectural Features. Except as prohibited in subsection (F)(6) of this section, the following architectural features are allowed to encroach into the front, side and rear setbacks by no more than two feet provided a minimum setback of three feet is provided from the property line: eaves, chimneys including fireplace enclosures and chimney chases, bay windows up to eight feet in width, window wells, and similar architectural features.

6. Front Setbacks. The following may encroach into the front setback:

7. Side and Rear Setbacks. The following may encroach into the side and rear setback in the UAR, RL, RS, RM, RM-10 and RH:

8. Solar Setback Standards. Solar setback standards apply to all structures on RS and RM zoned lots, 5,000 square feet or greater, with a minimum north-south lot dimension of 80 feet. See BDC 3.5.400(C), Solar Setback Standards.

1. Front Setbacks. Satellite dishes greater than 18 inches in diameter, heat pumps and other similar objects.

2. Side and Rear Setbacks. Satellite dishes greater than 18 inches in diameter, heat pumps and other similar objects, unless screened for visual and noise abatement by a solid enclosure two feet higher than the object/use being screened.

3. Balconies. [Ord. NS-2541, 2025; Ord. NS-2487, 2023; Ord. NS-2463, 2023; Ord. NS-2423, 2021; Ord. NS-2389, 2020; Ord. NS-2353, 2019; Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2289, 2017; Ord. NS-2260, 2016; Ord. NS-2251, 2015; Ord. NS-2082, 2007; Ord. NS-2016, 2006]

1. The density standards may be averaged over more than one development phase (i.e., as in a subdivision or Master Planned Development).

1. The following are exempt from the density standards in subsection (A) of this section:

2. The following are exempt from the maximum density standards in subsection (A) of this section:

3. The following are exempt from the minimum density standards in subsection (A) of this section:

1. Maximum housing densities are calculated as follows:

2. Minimum housing densities are calculated as follows:

3. Where a property is within multiple zoning districts, the minimum and maximum number of units is calculated based on the acreage in each Residential Zone that is subject to the density standard as specified above multiplied by the applicable minimum and maximum density standards. Areas with nonresidential zones are excluded from the density calculation.

1. Lot Coverage for Income Qualified Housing. See BDC 3.6.250(C), Affordable Housing Strategies.

2. Development in conformance with the provisions of BDC Chapter 3.8, Development Alternatives. [Ord. NS-2515, 2024; Ord. NS-2487, 2023; Ord. NS-2423, 2021; Ord. NS-2314, 2018; Ord. NS-2271, 2016; Ord. NS-2241, 2015; Ord. NS-2016, 2006]

1. Buildings within the UAR, RL, RS and RM-10 Districts may be no more than 35 feet in height.

2. Buildings within the RM Zone may be no more than 40 feet in height.

3. Buildings within the RH Districts may be no more than 50 feet in height.

1. Multi-unit residential;

2. Single-room occupancy with more than six units;

3. Public and institutional buildings in Residential Zones;

4. All other types of permitted/conditional nonresidential use buildings listed in Table 2.1.200 when built in a Residential Zone.

1. Building Form. All buildings must incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in the figure below. Building elevations that are 40 feet or more in length must provide at least two of the following features along that facade of the structure on each floor, with at least one feature occurring every 40 feet:

c. Offsets or breaks in roof elevation of two feet or greater in height.

2. Building Design and Orientation Standards.

3. Detailed Design. All buildings must provide detailed design along all elevations which are visible from the street(s) adjacent to the property (i.e., front, rear and sides). There are two options for complying with this requirement.

a. Menu Option (Type I). Detailed design shall be provided by using at least six of the following 12 architectural features on all applicable elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations).

These features shall be reviewed by a Type I application as per BDC 4.1.300:

Dormers		Gables
Recessed entries		Covered porch entries
Cupolas		Pillars or posts
Eaves (minimum 12-inch projection)		Window trim (minimum four inches wide)
Bay windows		Balconies
Offsets in the building face or roof by a minimum of 18 inches		Decorative patterns on the exterior finish using shingles, wainscoting, board and batt.

1. Triplex.

2. Quadplex.

3. Townhome.

4. Single-room occupancy with six or fewer units.

1. Exemptions to Garage Door Standards.

1. Exemptions to the Windows and Doors Standards.

1. Common Open Space (20 Units or More). In addition to the required setback yards, a minimum of 10 percent of the site area must be designated and permanently reserved as usable common open space in all multiple-unit and single-room occupancy developments with 20 units or more, unless a credit in subsection (B)(1)(a) of this section is approved. The site area is defined as the lot or parcel on which the development is planned, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.). Sensitive lands and historic buildings or landmarks open to the public and designated by the Bend Comprehensive Plan may be counted toward meeting the common open space requirements.

2. Private Open Space. Private open space areas are required for ground-floor and upper-floor units through compliance with all of the following standards:

1. In a garage or accessory structure if the space is not conditioned as defined in BDC Chapter 1.2, Definitions. A garage or accessory structure must not contain a dishwashing machine; a range hood, exhaust vent, or similar equipment; or a stove, range, or oven.

2. In a laundry room. The laundry room may include utility hook-ups for gas or electric laundry appliances. A laundry room must not contain a dishwashing machine; a range hood, or similar equipment; or a stove, range, or oven.

1. Applicability. This section applies to the following types of buildings:

2. Standards. The following front door orientation standards are required for lots and parcels with frontage onto a street. For purposes of this section, a “street” also means a tract for mid-block developments and T-courts. For duplexes, triplexes and quadplexes, this standard is only required to be met for one of the dwelling units. For townhome units, this standard only applies to the interior units. For single room occupancies, this standard is only required to be met for one entrance. The front door entrance must either:

3. Exemptions to Orientation Standards.

1. The second kitchen may be in a portion of a dwelling unit only if internal access between the second kitchen and the rest of the unit’s livable space is maintained within the same dwelling unit.

2. The second kitchen cannot be in a detached accessory structure.

3. The second kitchen must comply with current building code requirements.

4. A second kitchen may only be installed within a dwelling unit if the property owner signs and records a use compliance covenant, in a form approved by the City, acknowledging that the structure will remain a single-unit dwelling and that the second kitchen does not create an additional dwelling unit without obtaining a building permit for the creation of the additional dwelling unit.

1. Applicability. Except as modified by this section and BDC 2.2.500, Site Layout and Building Orientation, the setback standards contained in Table 2.2.400 apply to all new construction and expansion of existing buildings within the Commercial Districts.

2. Maximum Setback Calculation. Where more than one building is proposed on a site, conformance with the maximum setback standard is achieved when no less than 40 percent of the site’s frontage on a public or private street is occupied by one or more buildings that conform with the building setback and orientation standards of this chapter. The maximum setback standard may be increased as necessary when an approved usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area or a public square with seating) is provided between the building and front property line. (See also BDC 2.2.600, Commercial Design Review Standards, and 2.2.700, Pedestrian Amenities, for related building entrance standards.)

3. Front Yard Setbacks.

4. Rear Yard Setbacks.

5. Side Yard Setbacks.

6. Transition Standards.

1. Residential Exception. The maximum height may be increased by 10 feet above the maximum allowed height when residential uses are provided above the ground floor (“vertical mixed use”), except for buildings along the west side of Brooks Street where the maximum building height is 35 feet regardless of use. The building height increase for residential uses applies only if the top floor is residential and does not apply to buildings that have variance approval to exceed the permitted height.

2. Income Qualified Housing. See BDC 3.6.250(B), Income Qualified Housing Allowed Outright, and BDC 3.6.250(C), Affordable Housing Strategies.

1. Usable pedestrian space must be provided and include the following:

2. Where multiple-building development is contemplated on parcels or lots 10 acres or greater in size, at least one public street must be designed to meet the specifications of a local street and be designed as a “shopping street.” A “shopping street” must include the following elements:

1. Buildings must have an entrance(s) visible or oriented to (facing) a street. Building entrances may include entrances to individual units or lobby entrances (i.e., to a cluster of units or commercial spaces).

2. A building may have an entrance facing a side yard, pedestrian plaza, or breezeway/courtyard when a direct pedestrian facility is provided between the building entrance and the street right-of-way.

3. Exceptions to the Building Orientation Standards. Developments in conformance with subsection (C)(2) of this section as illustrated in Figure 2.2.500.A, “Shopping Street” layout.

1. Residential Building Design Review. All residential buildings subject to site plan or design review shall comply with the Residential District design guidelines, as listed in BDC 2.1.900, Architectural Design Standards, and not the commercial design review standards of this section.

2. Commercial Design Review. The following standards apply to all commercial and mixed-use buildings:

3. Large-Scale Buildings and Developments. For the purpose of this section, “large-scale buildings and developments” are defined as:

4. Design Standards for Large-Scale Buildings and Developments. All large-scale buildings and developments, as defined above, shall provide human-scale design by conforming to all of the following standards:

a. Incorporate changes in building wall direction and divide large masses into varying heights and sizes, as shown in Figure 2.2.600. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; windows; screening trees; small-scale lighting (e.g., wall-mounted lighting, or up-lighting as described in BDC 3.5.200 (Outdoor Lighting Standards)); and similar features.

Note: the example shown above is meant to illustrate examples of these building design elements, and should not be interpreted as a required design style.

5. Exceptions to Commercial Design Review Standards. An exception to the design standards of this section may be approved by the Planning Commission through a Type III Process if the Commission finds that the proposed development complies with the purpose and intent of the Commercial Design Review standards. The applicant shall pay a fee specified by the City for Planning Commission review. [Ord. NS-2541, 2025; Ord. NS-2488, 2023; Ord. NS-2271, 2016; Ord. NS-2195, 2013; Ord. NS-2016, 2006. Formerly 2.2.800]

1. Commercial developments with one or more buildings totaling more than 10,000 square feet and subject to Commercial Design Review shall provide at least one of the “pedestrian amenities” listed below. Pedestrian amenities may be provided on private property or within a public right-of-way (i.e., on the sidewalk, curb, or street pavement) when approved by the City (for City streets), Deschutes County (for County roads), or the Oregon Department of Transportation (“ODOT”) (for State highways):

d. Public art (e.g., fountain, sculpture, etc.).

Note: the example shown above is meant to illustrate examples of pedestrian amenities. Other types of amenities and designs may be used. [Ord. NS-2195, 2013; Ord. NS-2016, 2006. Formerly 2.2.900]

1. Landscaping or landscape alterations.

2. Repair or maintenance of public or private buildings, structures, landscaping, roads and/or utilities that present a risk to public safety. Maintenance of the exterior of an existing structure such as window and door replacement, re-painting, re-roofing, or re-siding where similar materials and colors are used is also exempt.

3. Construction of a structure that does not require a building permit.

4. Interior remodeling.

5. Temporary structures and uses which are for relief of victims of disaster or an emergency.

1. Track 1 – Administrative Review of Compliance with Design Standards. Track 1 requires applicants to meet objective development and design standards. Design standards are quantifiable and measurable. These applications are reviewed through the Type II process, which reduces the amount of time that it takes to get the project reviewed. Track 1 provides an efficient time saving alternative to Track 2.

2. Track 2 – CB Zone Design Review of Compliance with Design Guidelines. Track 2 similarly requires applicants to meet objective development standards, but does not require some or all of the design standards. In the Track 2 process, applications are reviewed through the Type III process before the Planning Commission. During their review, the Planning Commission will determine whether an application meets the design guidelines. Unlike design standards, design guidelines are discretionary. In Track 2, the intent statements serve as the criteria for determining if the “intent” of the design standard is being met. In Track 2, applicants are required to identify how their proposed site/building plan meets the intent statements of the design standards, and why specific objective standards cannot be met.

1. Minimum Floor Area Ratio (FAR). The minimum FAR is 2:1.

2. Maximum Building Height. No building or structure shall be erected, enlarged or structurally altered to exceed the height regulations listed below.

The maximum allowable building height limits in the CB Zone are as follows:

3. Minimum Building Setback. There is no minimum building setback from the property line facing the street.

4. Maximum Building Setback. The maximum building setback of the ground floor from the property line facing the street is 10 feet. At least 50 percent of the length of the ground level, street-facing facade of buildings must be on the property line. If the site has two or more street frontages, this standard applies to all frontages. Buildings that set back from the property line and face a Residential Zone can choose to develop the setback with low shrubs and/or ground cover. Buildings that set back from the property line and face a Commercial Zone must incorporate a hardscape and meet accessibility requirements. Plantings in the commercial-fronting setback must be in planters. All plantings must be drought tolerant and not be classified as a nuisance plant.

5. Ground-Floor Windows. Ground-floor windows must be installed for at least 50 percent of the building length and have an area equal to 60 percent of the street-facing ground-floor wall area. Ground-floor wall area includes all wall areas up to 10 feet above finished grade. If the site has two or more frontages, the ground-floor window standard is only required on the primary facade – the facade that fronts the street with the higher classification. The other facade has a minimum ground-floor window requirement of 50 percent of the length and 25 percent of the ground-floor wall area. Windows are required to be transparent to foster both a physical and visual connection between activities in the building and pedestrian activities on the street.

6. Main Entrance. The main entrance to a building shall face the street or be on the corner.

7. Accessibility Guidelines. All public areas must comply with applicable accessibility standards.

1. Existing Edge Conditions. Intent: Encourage the development of a cohesive, exciting and vibrant street life.

Approach: All street-facing elevations must have front doors that face the street and meet at least one of the following options:

2. Human Scale. Intent: Building facades must be designed in a manner that is aesthetically appealing, comfortable to pedestrians, and compatible with the character of the surrounding built environment as a way of emphasizing human scale.

Approach: Provide visual interest for pedestrians by incorporating building details at the ground floor that relate to the surrounding built environment, and are at a human scale. This is to be accomplished by meeting two or more of the following options:

3. Physical, Visual and Experiential Connections. Intent: Incorporating interesting features into a building/site to emphasize the role that physical, visual and experiential connections give to creating meaningful places.

Approach: Embellish the buildings with two or more of the following elements:

4. Cohesive Elements. Intent: Incorporate cohesive and repetitive elements into the building as a means of enhancing the pedestrian realm and giving meaning to the building.

Approach: Incorporate three or more of the following repetitive building elements:

Architects and designers are encouraged to think creatively above and beyond the ground-floor window requirements specified in the design standards. Besides implementing cohesive elements, architects and designers should consider the interplay of shadows and light, and vertical and horizontal “architectural features” on neighboring buildings.

5. Integrate Building Parapets and Rooftops. Intent: Treat the top of the building, the point where the edifice meets the sky, as part of the larger facade composition and, where possible, accentuate the ornamentation found on existing traditional CB Zone buildings. Fully screen all rooftop mechanical equipment from the adjacent sidewalk.

Approach: Create visual interest at the top of the building by incorporating one of the following options:

Sloped roof heights from eave to peak should not exceed the height from grade to the eave (the roof should not be taller than the building wall supporting the roof).

Screening for rooftop mechanical equipment is to be opaque. Rooftop equipment is required to be set back from the parapet or building edge a minimum of 10 feet. Screened mechanical equipment is exempt from the height requirement.

6. Weather Protection Projections. Intent: Weather protection shall be provided along buildings adjacent to pedestrian walkways.

Approach: Provide weather protection for pedestrians along 50 percent of the ground-floor facade that is required to be on the property line and at all street-facing entrances.

Awnings, marquees, balconies, overhangs, umbrellas, fabric tensile structures, building appendages, or other weather protection projections are required to extend five feet over the sidewalk.

7. Reinforce the Corner. Intent: Create dynamic public gathering spaces where streets intersect by embellishing the corner of the building.

Approach: Incorporate one or more of the following elements:

The following elements typically define the corner entry: round or chamfered corners with double doors, doors with large amounts of glass, awnings/canopies and more defined vertical elements (columns).

8. Pedestrian-Oriented Ground Floor. Intent: Ensure that the ground floor of the primary street facade is distinguished from the upper floors and that there is the sense of interaction between activities in the building and activities on the sidewalk. Create storefronts and entries that are visible (transparent) and easily accessible from the street.

Approach: Emphasize the importance of the ground floor, especially the primary street-facing entry, by incorporating three or more of the following elements:

Paving material in recessed entries/vestibules should help emphasize the transition from the sidewalk to the building.

9. Alley Facade Treatment. Intent: Design alley facades that share a corner with street-facing facades to be inviting and safe for pedestrians.

Approach: Incorporate the following facade elements:

Windows facing the alley must be transparent to ensure that the alley is monitored by people inside the building (“eyes on the street”).

10. Urban Materials. Intent: Ensure that building materials are compatible with well-designed surrounding buildings and, where possible, embrace the natural features (geology) of the region.

Approach: Incorporate one or more of the following elements:

1. Floor Area Ratios. Floor area ratios (FARs) regulate the amount of use (the intensity) allowed on a site. FARs also work with the height, setback, and building coverage standards to control the overall bulk of development. FARs are calculated by dividing the building floor area by the size of the development area.

2. Ground-Floor Windows. In the CB Zone, ground-floor street-facing windows are intended to:

Windows must be at least 50 percent of the length and 60 percent of the ground level wall area. Ground level wall areas include all exterior wall areas up to 10 feet above the finished grade.

3. Height. Height limits are intended to control the overall scale of buildings. The maximum building height within the CB Zone emphasizes pedestrians and a mix of uses. Exceptions to maximum height:

4. Landscaped Areas. Landscaping is not required in the CB Zone, except for the five-foot buffer next to Residential Zones. Landscaping is intended to soften the effects of built and paved areas. It also helps reduce stormwater runoff by providing a surface into which stormwater can percolate.

5. Main Entrance. Fronting the main entrance of a building to the street enhances pedestrian access between the use inside the building and activities on the sidewalk. This orientation also enables building occupants to see what is happening in the street, such as arriving transit service.

1. Existing lawfully established residential uses are permitted in all Mixed-Use Zones and are not subject to BDC Chapter 5.2 unless otherwise nonconforming.

2. Uses in the MU and MN Zones that are not in conformance with the provisions in this section but were lawfully established in their current location prior to the adoption of this code must be treated as permitted uses. Expansion or enlargement 25 percent or less of the above-referenced uses or structure’s square footage that are nonresidential are subject to the provisions of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review. For expansion or enlargement greater than 25 percent, the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits, also apply. Conditions of prior approvals continue to apply unless modified in conformance with BDC 4.1.1325, Modification of Approval.

1. New Residential Uses. In order to ensure that the ME and PO Zones retain a focus on employment uses, new residential uses in the ME and PO Zones are limited as follows:

2. Retail Sales and Service and Medical Marijuana Dispensary and Marijuana Recreational Retailer. Retail sales and service uses and medical marijuana dispensary and marijuana recreational retailer uses are limited in certain Mixed-Use Zones as follows:

3. Commercial and Public Parking. In the MU Zone, commercial or public parking in a parking structure shall be permitted. Surface parking lots for commercial and public parking as a stand-alone use (not accessory to another use on the site) shall require a conditional use permit.

4. Commercial Storage. Commercial storage is permitted in an enclosed building and on an upper story; provided, that active uses, such as retail sales and service or restaurants/food services, are provided on at least 50 percent of the ground floor.

5. Entertainment and Recreation. Entertainment and recreation uses in the MN Zone that are enclosed in a building shall not exceed 50,000 square feet per building without a conditional use permit.

6. Schools. Schools in the MU and MN Zones shall not exceed a total site size of two acres without a conditional use permit.

7. Manufacturing and Production. Manufacturing and production uses in the MU and MN Zones are limited to uses less than 5,000 square feet with a retail outlet. [Ord. NS-2541, 2025; Ord. NS-2515, 2024; Ord. NS-2463, 2023; Ord. NS-2443, 2022; Ord. NS-2434, 2022; Ord. NS-2423, 2021; Ord. NS-2397, 2021; Ord. NS-2390, 2020; Ord. NS-2389, 2020; Ord. NS-2314, 2018; Ord. NS-2289, 2017; Ord. NS-2271, 2016; Ord. NS-2265, 2016; Ord. NS-2264, 2016; Ord. NS-2256, 2015; Ord. NS-2251, 2015; Ord. NS-2240, 2015; Ord. NS-2195, 2013; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

1. Front Yard Setbacks. In some of the Mixed-Use Districts, buildings are placed close to the street to create a vibrant pedestrian environment, slow traffic, provide a storefront character to the street, support future transit service, and encourage walking. The setback standards are flexible to encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed-use buildings for walkable Mixed-Use Districts.

2. Side and Rear Yard Setbacks.

1. Height Bonus for Vertical Mixed Use. In the ME, MU and MN Zones the maximum height may be increased by 10 feet above the maximum allowed height when residential uses are provided above the ground floor (“vertical mixed use”), except for properties abutting a residentially designated district. The building height increase for residential uses applies only if the top floor is residential and does not apply to buildings that have variance approval to exceed the permitted height.

2. Height Bonus for Income Qualified Housing.

3. Building Height Step-Backs Abutting a Residentially Designated District. In the ME, MU, and MN Zoning Districts, portions of the building subject to this subsection (B) that exceed 35 feet in height or the height limit of the abutting residentially designated district, whichever is greater, shall step back one foot from side or rear lot lines abutting a residentially designated district for each foot the building height exceeds 35 feet or the height limit of the abutting residentially designated district.

1. ME and PO Zoning Districts. The minimum residential density standard in the ME and PO Zoning Districts is as follows:

2. MN and MU Zoning Districts. The minimum residential density standards of the RM Zone apply.

3. There is no minimum residential density standard for “vertical” mixed use.

4. Maximum residential density is controlled by the applicable lot coverage and building height standards.

1. Buffering. A 10-foot-wide landscape buffer is required along the side and rear property lines between nonresidential uses and any adjacent residentially designated districts. The buffer is not in addition to (may overlap with) the side and rear setbacks required in subsection (A) of this section. The buffer shall provide landscaping to screen parking, service and delivery areas and walls without windows or entries. The buffer may contain pedestrian seating but shall not contain trash receptacles or storage of equipment, materials, vehicles, etc. The landscaping standards in BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls, provide other buffering requirements where applicable.

2. Outdoor and rooftop mechanical equipment as well as trash receptacles must be screened from view from the abutting public rights-of-way. Heating, ventilation and air conditioning units must have a noise attenuating barrier to protect abutting Residential Districts from mechanical noise.

3. Building and Fire Codes. All developments shall meet applicable fire and building code standards. Larger setbacks than those listed above may be required due to the proposed use and/or storage of combustible materials.

1. In the MU and MN Zones, parking and maneuvering areas are prohibited between the street(s) and the building.

2. In the ME and PO Zones, parking and maneuvering areas are prohibited between the street(s) and the building when on-street parking is allowed on the street fronting the development property. Parking must be provided in conformance with BDC Chapter 3.3. [Ord. NS-2541, 2025; Ord. NS-2271, 2016; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

1. In the MU and MN Districts, building facades that are oriented to the street and are within the maximum front setback standard under BDC 2.3.300 (referred to as “street walls”) must be designed to provide visual interest for pedestrians as follows:

1. Triplexes, quadplexes, townhomes and single-room occupancies with six or fewer units must comply with BDC 2.1.950, Design Standards (Triplex, Quadplex, Townhome, and Single-Room Occupancy) and BDC 2.1.1100(E), Front Door Orientation Standards.

2. Multi-unit residential and single-room occupancies with more than six units must comply with BDC 2.1.900, Architectural Design Standards. [Ord. NS-2541, 2025; Ord. NS-2423, 2021; Ord. NS-2271, 2016; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

1. General Industrial District. The minimum front yard setback is 10 feet.

2. Light Industrial District. The minimum front yard setback is 10 feet.

3. Exceptions.

1. Buildings and structures in the General Industrial and Light Industrial Districts shall be no more than 50 feet in height and shall comply with the building setback standards in BDC 2.4.400.

1. Equipment Standard.

2. Buffering Standard. The City may require a landscape buffer of a specific width, or other visual and/or sound barrier (fence, wall, landscaping, or combination of such measures), to mitigate adverse impacts that cannot be avoided through building orientation standards alone. For additional buffering standards see BDC 2.4.400(D).

1. Building Mass. Where building elevations are oriented to the street, architectural features such as windows, pedestrian entrances, building offsets, projections, detailing, change in materials or similar features shall be used to break up large building facades and walls that are longer than 75 linear feet. A minimum of 15 percent of the horizontal building facade shall contain a variety of architectural features.

The horizontal building elevation facing an arterial or collector street shall provide a variety of the architectural features described above for a minimum of 30 percent of the horizontal building facade.

Note: Figure above is intended to illustrate typical building design elements, and should not be interpreted as a required architectural style. [Ord. NS-2541, 2025; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

1. Accessory Personal and Professional Service Uses and Incidental Sales. No more than 25 percent or 2,500 square feet (whichever is greater) of a permitted or conditionally allowed industrial development may be occupied by an accessory personal and professional service use. In no case can an accessory personal and professional service use exceed 50 percent of the square footage of a permitted or conditionally allowed industrial development.

2. Standalone Personal and Professional Service Uses and Incidental Sales.

3. Incidental Sales. Accessory and standalone personal and professional service uses may include incidental sales.

4. Prohibited Uses. Drive-through facilities are not permitted as part of personal and professional service uses.

1. Uses within a SM District shall be set back 100 feet from the property line when adjacent to a Residential Zoning District.

2. The applicant shall provide the minimum setback required by this code for an adopted Upland Area of Special Interest, River Corridor Area of Special Interest or other identified Goal 5 resources or greater as determined necessary to protect and preserve the identified feature. The applicant shall demonstrate that the proposed setback is large enough to prevent any adverse impact to the resource. [Ord. NS-2541, 2025; Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

1. 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. Dust-free site access roads near residential areas.

7. Adequate water supplies to enable landscaping reclamation and dust control conditions are to be met. [Ord. NS-2541, 2025; Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]