1. Depth and width of new lots or parcels must meet the minimum standards where specified for the zoning district.

2. Each lot or parcel must abut a street other than an alley for the minimum width required for lots or parcels in the zone, except:

3. All side lot or parcel lines must be at right angles from the street right-of-way lines or radial to curved streets for at least half of the minimum lot depth of the corresponding zone, or 25 feet if not specified in the zone.

4. Corner lots or parcels must be at least five feet more in width than the minimum lot width required in the zone, except for townhomes.

5. All permanent utility service to new lots or parcels must be provided from underground facilities. The developer is responsible for complying with requirements of this section, and must:

1. New development must construct and extend planned streets (arterials and collectors) in their planned projection as shown in the Transportation System Plan. New developments must construct and/or extend a connected network of local streets as needed to meet block length and perimeter requirements in subsection (D)(2) of this section. Where the Transportation System Plan, Special Planned District, Refinement Plan, Master Plan, Area Plan or other such plans do not provide specific block length and perimeter standards, the requirements listed below apply:

2. Block lengths and perimeters must not exceed the following standards as measured from centerline to centerline of through intersecting streets:

3. Except as otherwise provided in an approved Master Plan, private streets, where allowed by this code, must be constructed to public standards and must contain a public access easement along the length and width of the private facility.

1. Residential Lots or Parcels Not Intended for Multi-Unit Dwellings.

2. Nonresidential, mixed-use and multi-unit dwelling lots or parcels must provide other access alternatives to the individual lots that abut the arterial or collector street.

3. The land division must provide for local street grid connections to the arterial and collector street in accordance with the block length and perimeter standards of this section. [Ord. NS-2541, 2025; Ord. NS-2463, 2023; Ord. NS-2445, 2022; Ord. NS-2423, 2021; Ord. NS-2353, 2019; Ord. NS-2177, 2012; Ord. NS-2016, 2006]

1. Pedestrian facilities must:

2. On-Site Pedestrian Facility Development Standards. On-site pedestrian facilities must meet the following standards:

3. Exception. The City may determine that a pedestrian facility is impractical due to:

1. Development, including those proposing new streets, must construct and extend access corridors to create continuous routes for pedestrians and bicyclists in compliance with the Transportation System Plan Figure 5-1, Bicycle Low Stress Network, and in conformance with City of Bend Standards and Specifications including the City’s Connector Routes and Crossings Map. The routes depicted in Figure 5-1 and in the City’s Connector Routes and Crossings Map should be considered general in nature. The actual location will be approved by the City through the development review process, and in consultation with the Bend Park and Recreation District where applicable, in order to accommodate site development, minimize grade, accommodate street crossings and other safety issues, and to fit the context of the natural terrain and topographic/geographic constraints.

2. Access corridors must be developed in conjunction with roadway construction or as part of land division. If no land division precedes or accompanies site development, construction of the access corridor must occur with site development.

3. Design Standards for Multi-Use Paths.

4. Connector Multi-Use Paths.

5. In areas, including future urban growth boundary expansion areas, where the Transportation System Plan does not show a preferred bicycle low stress route and there are no routes within one-half mile serving north-south and east-west travel, the development must provide a facility continuing the bicycle low stress network. [Ord. NS-2541, 2025; Ord. NS-2488, 2023; Ord. NS-2463, 2023; Ord. NS-2423, 2021; Ord. NS-2353, 2019; Ord. NS-2177, 2012; Ord. NS-2016, 2006]

1. Permission to access City streets shall be subject to review and approval by the City based on the standards contained in this chapter and the provisions of BDC Chapter 3.4, Public Improvement Standards. Access will be evaluated and determined as a component of the development review process.

2. Permits for access to State highways shall be subject to review and approval by the Oregon Department of Transportation (ODOT) based upon ODOT’s adopted standards, except when ODOT has delegated this responsibility to the City or Deschutes County. In that case, the City or County shall determine whether access is granted based on the City or County’s adopted standards.

3. Permits for access to County highways shall be subject to review and approval by Deschutes County based upon Deschutes County’s adopted standards, except where the County has delegated this responsibility to the City, in which case the City shall determine whether access is granted based on the City’s adopted standards.

1. Lots and parcels in all zones can have one street or alley access point. Except as authorized in subsection (F)(4) of this section, lots or parcels with more than one existing access may be required to close existing street access(es) in accordance with the following:

2. When street access is permitted and a lot or parcel has frontage on two or more streets of different street classifications, the property must access the street with the lowest classification.

3. Alley Access.

4. Additional Access Points.

5. Access Spacing Requirements. The maximum distance achievable between two driveways or a driveway and an intersection shall be provided. Access spacing shall accommodate City of Bend Standards and Specifications for curb reveal between driveway apron wings.

6. Access Operations Requirements.

7. Driveways shall be designed and located to provide a vehicle in the driveway with an unobstructed view of the roadway for a sufficient distance as required by City Standards and Specifications or the American Association of State Highway and Transportation Officials (AASHTO) policy on intersection sight distance requirements as determined by the City.

8. Ribbon Driveways. Ribbon driveways may be used to provide access to single-unit detached dwellings, accessory dwelling units, townhomes, duplexes, triplexes and quadplexes; provided, that:

c. The ribbons are not more than three feet apart measured from their nearest edges. See Figure 3.1.400.

1. Shared Driveways and Frontage Streets. Shared driveways and frontage streets are encouraged, and may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable land to indicate future extension. For the purpose of this code, stub means that a driveway or street temporarily ends at the property line, and shall be extended in the future as the adjacent property develops, and developable means that a property is either vacant or it is likely to redevelop.

2. Access Easements. Access easements for the benefit of affected properties shall be recorded for all shared driveways, including walkways, at the time of final plat approval or as a condition of development approval.

3. Cross Access. Cross access is encouraged, and may be required between contiguous sites in the Public Facilities, Mixed-Use, Commercial and Industrial Zones and for multi-unit dwelling developments in the Residential Zones in order to provide for direct circulation between sites and uses for pedestrians, bicyclists and drivers and to enable compliance with the collector and arterial access management requirements of this chapter.

1. Single-unit detached dwellings must have a minimum driveway opening width of 10 feet, and a maximum width of 24 feet. Wider driveways may be necessary to accommodate approved paved recreational vehicle pads; however, the driveway opening or connection to the street cannot be wider than 24 feet. For townhomes, see BDC 3.6.200(D), Townhomes and Rowhouses, and for duplexes, triplexes, and quadplexes, see BDC 3.6.200(H), Duplex, Triplex and Quadplex Development.

2. Multi-unit developments must have a minimum driveway opening width of 20 feet, and a maximum width of 30 feet. The dimension may exceed 30 feet if the City Engineer determines that more than two lanes are required based on the number of trips generated or the need for turning lanes.

3. Other Uses. Access widths for all other uses must be based on 10 feet of width for every travel lane, except that driveways providing direct access to parking spaces must conform to the parking area standards in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking. Driveway aprons serving industrial uses and heavy commercial uses may be as wide as 35 feet.

4. Driveway Aprons. Driveway aprons must be installed between the street and the private drive. Driveway apron design and location must conform to City of Bend Standards and Specifications and the City’s adopted accessibility standards for sidewalks and walkways.

1. Surface Options. Driveways, required parking areas, aisles, and turnarounds must be paved with asphalt, concrete or comparable surfacing or a durable nonpaving material (e.g., grass-crete, eco-stone) may be used to reduce surface water runoff and to protect water and air quality. Gravel is not allowed.

2. Surface Water Management. When an impervious surface is used, all driveways, parking areas, aisles and turnarounds must have on-site collection or infiltration of surface waters to prevent the flow of stormwater onto abutting property and public rights-of-way, unless otherwise permitted in BDC 3.5.600, On-Site Drainage. Surface water facilities must be constructed in conformance with City specifications. [Ord. NS-2541, 2025; Ord. NS-2488, 2023; Ord. NS-2487, 2023; Ord. NS-2463, 2023; Ord. NS-2462, 2023; Ord. NS-2423, 2021; Ord. NS-2353, 2019; Ord. NS-2318, 2018; Ord. NS-2177, 2012; Ord. NS-2016, 2006]

1. The clear vision area is in the shape of a triangle and extends across the corner of private property to the face of curb at the street or alley as shown in Figure 3.1.500.A. The two legs of the clear vision triangle are each measured from the point of intersection of the two corner lot lines, special setback lines, or access easement lines. Where lot lines have rounded corners, the lot lines are extended in a straight line to a point of intersection. Measurements along a driveway are taken at the edge of pavement.

2. The following measurements define the clear vision areas:

3. Unless exempted below, there must be no fence, wall, vehicular parking, sign, building, structure, or any other obstruction to vision within the clear vision area between the height of two feet and eight feet above the top of the curb. In cut sections, embankments must be graded to comply with these requirements. Shrubs or foliage must not exceed two feet in height. Existing trees must be limbed to a minimum of eight feet above the top of curb or 12 feet above adjacent bike lanes. New trees are not permitted within the clear vision area, except street trees may be planted a minimum of five feet from the edge of a driveway or an alley.

4. Driveway approaches and driveways are not permitted within the clear vision area. On-street parking is not permitted within 20 feet of an accessible ramp or within 10 feet of a driveway approach.

5. Additional clear vision areas may be required as directed by the City Engineer.

1. The standards in this section apply to the following applications:

2. Applications that include one or more dwelling units, micro units, or single room occupancies on a site one acre or smaller are exempt from this section.

3. When the trunk of a tree straddles a property line at ground level and crosses the right-of-way, it is considered an on-site tree for the purposes of the tree preservation requirements. Where the trunk of a tree straddles a property line at ground level with another property, it is not considered for the purposes of the tree inventory; but nothing in this code authorizes removal of the boundary tree without written authorization for removal of all involved property owners, nor does this code relieve any applicant or property owner from complying with all applicable provisions of State law regarding responsibility for and removal of boundary trees.

4. No trees subject to this section may be removed prior to a final land use decision or final decision of the Review Authority.

1. Tree Inventory.

2. Tree Preservation Site Plan. Submit a site plan with the following information:

3. Tree Preservation Calculations. Provide calculations that demonstrate the percent of priority trees proposed to be preserved on site and the percent of the total DBH of all regulated trees proposed to be preserved on site. Trees with trunks that straddle a property line at ground level with another property are not included as part of the tree preservation calculations.

4. Tree Replacement Calculations. When the standards in BDC 3.2.200(C)(1)(a) or (C)(1)(b) will not be met, provide calculations that demonstrate the number of required replacement trees to be planted on site or that will require a payment in lieu of tree preservation in compliance with BDC 3.2.200(E), Mitigation Options.

1. Clear and Objective Track Tree Preservation Requirements.

2. Discretionary Track.

1. Reduction of setback requirement up to 30 percent on a lot or parcel with a tree identified for preservation.

2. Increased lot coverage requirement up to 20 percent on a lot or parcel with a tree identified for preservation.

3. Reduced landscape coverage requirement up to 10 percent on a lot or parcel with a tree identified for preservation.

4. Reduction to lot or parcel dimensions, including size, by up to 10 percent when part of a land division.

1. On-Site Tree Replacement.

2. Payment in Lieu of Tree Preservation.

1. Identify a root protection zone. “Root protection zone” means a circular area measured from the outside trunk of the tree equal to one foot in radius for every inch of tree at diameter at breast height. For off-site trees with root protection zones that extend into the site, the root protection zone may be estimated but no less than the extent of the dripline.

2. Encroachments.

b. New Encroachments for Structures, Impervious Surfaces and Utilities.

i. New encroachments into the root protection zone are allowed provided the area of all new encroachments is less than 25 percent of the remaining root protection zone area when existing encroachments are subtracted; and

ii. New encroachments are no closer than one half of the required root protection zone radius.

3. Prohibited in Root Protection Zone. The following are prohibited within the root protection zone of each tree:

4. Protection Fencing.

5. Landscaping and Irrigation. Any landscaping or irrigation approved within the root protection zone may be installed before or after the removal of the protection fence and must not disturb existing trees including roots within the root protection zone.

1. Trees Identified for Preservation. As a condition of land use approval that runs with the land, trees identified and required for preservation are the responsibility of the property owner and must be preserved for a minimum of three years from the date of land division final plat approval or a building final inspection, whichever occurs first. If a tree, as determined by an ISA certified arborist and approved by the Community Development Director, is determined during the three-year period to be dead, diseased and/or hazardous or poses a hazard to personal safety, property or the health of other trees, it may be removed.

2. Replacement Trees. Maintenance of replacement trees are the responsibility of the property owner. If the replacement tree fails to survive three years from the date of final building inspection, the property owner must replace it with an equivalent specimen (i.e., evergreen tree replaces evergreen tree, deciduous tree replaces deciduous tree, etc.). Replanting must occur within the planting period for Central Oregon or during the time period of notice by the City.

3. Tract or Easement. An applicant may delineate and show the preserved trees or replacement trees in a tract or easement. All existing trees in a tract must be protected by a permanent restrictive covenant or easement approved in a form by the City. The size of the tract must be the minimum necessary as recommended by an ASI certified arborist to adequately encompass the critical root zone and ensure long term survival of the tree. No portion of a tree tract must be less than 20 feet in width. All tree tracts or easements must include a permanent maintenance agreement to be approved by the City on forms provided by the Community Development Director, which designates the private homeowners association, property owner association, or other private entity responsible for the maintenance of the trees. The area of land contained in a tree protection tract may be excluded from the calculations for determining compliance with minimum and maximum density requirements.

1. Emergencies. Regulated trees may be immediately removed in the event of an emergency when the tree poses an immediate threat to life or safety. The Community Development Director retains authority to determine if particular circumstances constitute or constituted an emergency. [Ord. NS-2541, 2025; Ord. NS-2503, 2024; Ord. NS-2488, 2023; Ord. NS-2016, 2006]

1. Residential – Single-room occupancies with more than six units, micro-unit developments and multiple-unit developments.

2. Commercial and office developments.

3. Industrial developments. Seventy-five percent of the required landscaping must be located within the front setbacks and parking areas or other areas visible to the public, unless otherwise required as a condition of approval.

4. Mixed-use developments.

5. Public and institutional developments.

6. Special landscape standards may be required in accordance with BDC Chapters 2.7, Special Planned Districts, 3.6, Special Standards and Regulations for Certain Uses, and 3.8, Development Alternatives.

1. Plant Selection. A combination of deciduous and conifer trees, shrubs and ground covers must be used for all planted areas, the selection of which must be based on local climate, exposure, water availability, and drainage conditions. Fire resistive plants must be planted in forested areas or on steep slopes to reduce the risk of fire spreading to structures.

2. Hardscape Features. Ground-level areas for passive use, such as patios, decks, plazas, paved dining areas, etc., may cover up to 15 percent of the required landscape area; swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.

3. Nonplant Ground Covers. Bark dust, chips, aggregate or other nonplant ground covers may be used but are not considered a substitute for ground cover plants.

4. Tree Size.

5. Shrub Size. Shrubs and ornamental grasses must be planted from one-gallon containers or larger.

6. Ground Cover Location and Size. All of the landscaped area that is not planted with trees and shrubs or covered by allowable hardscape features must be planted in ground cover plants, including grasses. Ground cover plants must be sized and spaced in the following manner: planted at a rate of at least one plant per 36 inches on center, in triangular spacing based on plant habitat (growth rate) with an expected coverage of 50 percent within five years of the time of planting.

7. Regulated Trees. Regulated trees preserved in accordance with BDC 3.2.200, Tree Preservation, may be credited toward meeting the minimum landscape area standards in subsection (C) of this section. Credit will be based on the total square footage of the preserved tree canopy at the time of application submittal.

8. Stormwater Facilities. Landscaped bio-swales can be counted in the required amount of landscaped area on the site.

1. Parking Areas.

2. Parking Lot Driveway and Drive Aisles. Developments with more than one-half acre of new surface parking area that opt to comply with parking lot driveways and drive aisles trees in BDC 3.3.300(D)(2)(b) must comply with the following:

b. Parking Lot Drive Aisle Tree Requirements. At a minimum, one tree per eight parking spaces total must be planted to create a partial tree canopy over and around the parking area. All parking areas must include landscape islands with trees to break up the parking area into rows of not more than eight contiguous parking spaces.

For purposes of this subsection, a parking lot driveway and drive aisle are defined as follows:

Parking Lot Driveway	Drive aisle

Parking Lot Driveway	Drive aisle
• Provides access to and from the surrounding streets, and connections through the site to buildings and parking lot drive aisles	• A vehicular access bordered by parking spaces
• Provides access to a limited number of parking spaces (only along a portion of its length; only on one side)	• Primarily serves as access to abutting parking spaces
• Usually intersects with multiple other driveways and drive aisles along its length	• Will have few or no intersections, with the exception of T-intersections, usually with abutting drive aisles

3. Landscape Buffering and Screening Required. Landscape buffering and screening are required under the following conditions:

4. Tree Planter Dimensions. All areas for required trees must have minimum dimensions of four feet by four feet (excluding curb dimensions).

1. Deferral of Installation. Installation of the required landscape and related improvements may be eligible for deferral in the following instances, with supporting documentation, and provided the City approves a financial or other guarantee in a form acceptable to the City. In no case may the deferral be for more than eight months.

1. BDC Chapter 4.3, Land Divisions and Property Line Adjustments, for residential land divisions.

2. BDC 4.2.500, Site Plan Review.

3. BDC 4.2.400, Minimum Development Standards Review, when there is an existing sidewalk or a sidewalk is required with the development.

1. Street Tree List. All new street trees must be from the City of Bend approved street tree list which is based on the width of the planter strip. Trees with a mature height of 50 feet or taller must be used along collector and arterial streets, except when they are located beneath a power line. Multi-trunk and weeping varieties are not appropriate as street trees. See the City of Bend Standards and Specifications Appendix D for the City of Bend approved street tree list.

2. Location. Street trees must be planted along all street frontages on the development site within existing or proposed planting strips or in City-approved sidewalk tree wells on streets without planting strips. Where the planter strip is less than four feet wide (excluding curb dimensions), the street trees must be planted on the site within five feet from the back of the sidewalk. Root barriers are required with street tree planting to protect the City’s curb and sidewalk. Existing trees located in a proposed planting strip, tree well, or within five feet from back of sidewalk can count towards this requirement.

3. Spacing. Street trees must be planted based on the species and spacing distance provided in the City of Bend approved street tree list, except where planting a tree would conflict with existing trees, driveways, retaining walls, utilities and similar physical barriers or it would conflict with the areas identified in City of Bend Standards and Specifications 12.2.3.5, Street Tree Location and Spacing. A random spacing of trees may be approved for the equivalent number of trees required for the length of the frontage.

4. Tree Size. See BDC 3.2.300(D)(4), Tree Size.

5. Utility Easements. All street trees must be placed outside utility easements unless the utilities can be placed in a conduit for maintenance (this may require additional easements) or when approved by the utility provider. If the existing planter strip contains such easements and is not wide enough to also accommodate street trees, the street tree location requirements may be adjusted as approved by the Community Development Director per subsection (B)(2) of this section.

6. Sidewalk Tree Wells. Street trees planted within sidewalk tree wells must be installed with a City-approved tree grate.

1. Planter strips must be landscaped with only ornamental grasses, shrubs, and plants from the City of Bend approved plant list. Turf (all cool season lawn species) and artificial turf are prohibited in the planter strips. See the City of Bend Standards and Specifications Appendix E for the City of Bend approved plant list.

2. Planter strips must be landscaped with a minimum of 10 plants per 100 square feet of planter area and result in an expected coverage of 50 percent within five years of the time of planting. Ornamental grasses must not make up more than 25 percent of the plants in the planter strip.

3. Shrubs and ornamental grasses at the time of planting must be a minimum of one gallon, and perennials and groundcover plants must be a minimum of four-inch pots.

4. Overhead spray irrigation systems are not permitted in planter strips that are less than eight feet in width (excluding curb dimensions). For widths eight feet and above, see City of Bend Standards and Specifications.

1. Deferral of Installation. Installation of the required street trees, landscaping and irrigation in the planter strips may be eligible for deferral in the following instances, with supporting documentation, and provided the City approves a financial or other guarantee in a form acceptable to the City. In no case may the deferral be for more than eight months.

1. The allowable height must be measured from the lowest grade at the base of the fence or retaining wall unless stated otherwise. As illustrated in Figure 3.2.500.A, when a fence is placed atop a retaining wall, the height of the fence is determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.

2. Fences to be built as required buffers shall comply with BDC 3.2.300.

3. Fences and retaining walls shall comply with the clear vision area standards of BDC 3.1.500.

4. Retaining walls may require a building permit and/or approved engineered plans.

5. Fences over seven feet in height require a building permit and/or approved engineered plans.

6. Fences and retaining walls may be placed on property lines.

1. Residential Districts.

b. Exceptions.

i. On corner lots, as illustrated in Figure 3.2.500.B, only one front setback area restriction applies relative to the three and one-half feet fence height restriction. The fence along the nonfront designated area must not exceed six feet in height from the area subject to the front setback to the rear property line.

ii. On through lots the three and one-half feet fence height restriction only applies to the front setback which includes the front entrance to the dwelling unit. The fence along the nonfront designated area must not exceed six feet in height.

iii. Fences located in the front setback must not exceed four feet in height for child care facilities and registered or certified family child care homes.

d. If there is a grade difference between two sites which would make a six-foot-high fence inadequate to provide for privacy, such fence must be no higher than six feet above the highest grade within five feet of the common boundary line, as illustrated in Figure 3.2.500.C.

2. In all other districts fences shall not exceed eight feet in height.

3. The following fences are exempt from these standards, except for the requirement to comply with the clear vision area standards in BDC 3.1.500 and any applicable building code requirements:

1. The maximum allowable height of retaining walls is six feet, with the following exceptions:

1. Arbors, trellises, lattices and similar features must not exceed six feet in length.

2. Arbors, trellises, lattices and similar features placed on top of the fence are considered to be part of the fence when measuring the overall height.

1. The number of parking spaces provided by any particular use in ground surface parking lots must not exceed the number of parking spaces provided in Table 3.3.300, Maximum Off-Street Vehicle Parking Spaces. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, tuck-under parking or under-structure parking, or in multi-level parking above or below surface lots, do not apply toward the maximum number of allowable spaces. Where a fractional number of spaces results, the maximum number of spaces is rounded down to the nearest whole number. This section does not apply to single-unit detached, accessory dwelling units, manufactured dwellings, duplexes, triplexes, quadplexes, townhomes, live/work townhomes and cottage developments.

2. The following parking maximum for large buildings applies in designated climate-friendly areas or within one-half mile of a frequent transit route (measured as the crow flies from the property line of the development to the edge of right-of-way with the frequent transit route):

1. Location. Vehicle parking is allowed only on approved streets, within garages, carports and other structures, or on driveways or parking lots that have been developed in conformance with this code. Vehicle parking must not be located in a vehicle travel lane (including emergency or fire access lanes). Specific locations for parking are indicated within the individual land use districts for some land uses (e.g., the requirement that parking be located to side or rear of buildings, with access from alleys, for some uses). Off-street parking and maneuvering areas must not be located within the front setbacks except for single-unit dwellings, ADUs, duplexes, triplexes and quadplexes.

2. Screening. Commercial or industrial off-street parking which adjoins a residentially designated district must be effectively screened by a fence and landscaping with a minimum width of 10 feet unless otherwise specified in this code.

3. Availability of Facilities. Owners of off-street parking facilities may post a sign indicating that all parking on the site is available only for residents, customers and/or employees. Signs must conform to the standards in BC Chapter 9.50, Signs.

4. On-Street Parking. On-street parking must follow the established or approved configuration of existing on-street parking, except that angled parking may be allowed for some streets, where permitted by City standards. An on-street parking space is defined as follows:

5. Employee Parking Areas. When a new development with more than 50 parking spaces includes a designated employee parking area, it must provide at least one designated parking space for carpools and/or vanpools.

1. Applicability.

2. Climate Mitigation Actions Requirement. Development must provide one of the following:

1. Applications submitted after March 31, 2023, for new multi-unit residential buildings with five or more dwelling units or new mixed-use buildings consisting of privately owned commercial space and five or more dwelling units must provide sufficient electrical service capacity, as defined in ORS 455.417, to serve no less than 40 percent of all vehicle parking spaces on a site containing the dwelling units. Townhomes are not included for purposes of determining the applicability of this regulation.

2. New commercial buildings under private ownership must provide sufficient electrical service capacity, as defined in ORS 455.417, to serve no less than 20 percent of all vehicle parking spaces on the site.

3. Fractional numbers derived from a calculation of the vehicle parking spaces must be rounded up to the nearest whole number.

1. All off-street parking stalls must be improved to conform to City standards for surfacing, stormwater management and striping, and provide dimensions in accordance with Table 3.3.300.F.1, Parking Stall Dimensions, and Figure 3.3.300.F.1, Parking Area Dimensions.

2. No more than 50 percent of the parking stalls provided on site can be compact spaces.

3. The stopping edge of any curb or wheel stop must be placed no less than two feet from the end of the parking stall. Where a curb or wheel stop is provided, the overhang of a vehicle past the curb or wheel stop may be counted as part of the required parking stall depth, up to a maximum of two feet.

b. A portion of a standard parking stall may be landscaped instead of paved, as follows:

i. The landscaped area may be a maximum of two feet from the stopping edge of a wheel stop or curb, when such protective devices are provided, and may be counted as part of the required parking stall depth, as shown in Figure 3.3.300.F.2.

ii. Landscaping that is part of the parking stall depth must be ground cover plants.

1. When parking is provided on site, accessible parking must be provided for disabled persons, in conformance with the Federal Americans with Disabilities Act (ADA). On-site accessible parking facilities must comply with the design requirements of the current building code as adopted by the State of Oregon.

2. If parking is not otherwise provided on site, all developments subject to Site Plan Review in BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review, must provide a minimum of one van-accessible parking stall on site except as follows:

1. Nonresidential Buildings. Buildings where any of the floor area is in nonresidential use must meet the following standards:

1. Exemption. Applications for a single-unit detached, manufactured dwellings, accessory dwelling units, duplexes, triplexes, quadplexes, townhomes or cottage developments, or home businesses are exempt from this section.

1. The required minimum number of short-term and long-term bicycle parking spaces for each land use is listed in Table 3.3.600, Required On-Site Bicycle Parking.

2. When the number of required spaces results in a fractional number, the total number of required spaces will be rounded up to the next whole number. When application of the long- and short-term bicycle parking percentages results in a fractional number of long- and short-term spaces, the number of long-term spaces required will be rounded up to the next whole number; the remaining number of required spaces will be designated as short-term bicycle parking.

1. Inverted “U” Style Racks. Inverted “U” style racks or similar designs as illustrated below must comply with the following:

2. Vertical Wall-Mounted Racks. Vertical wall-mounted racks must comply with the following:

3. Bicycle Lockers. Bicycle lockers must comply with the following:

4. Oversized Bicycles and Alternative Bicycle Types. Bicycle parking that accommodates oversized bicycles and alternative bicycle types must comply with the following:

1. Long-term parking must be located on site:

2. When located in a building, parking structure or garage, bicycle parking must be provided at ground level unless a ramp no less than two feet in width or an elevator with a minimum depth or width of six feet is easily accessible to an approved bicycle parking area.

3. Required long-term bicycle parking must be:

4. When more than 20 long-term bicycle parking spaces are required, at least five percent of the spaces must accommodate oversized bicycle parking.

5. Exterior long-term bicycle parking spaces must be sheltered. Shelters include eaves, overhangs, independent structures, or similar covers.

6. Space within dwelling units or on balconies or porches is not counted toward satisfying bicycle parking requirements.

1. Short-term bicycle parking must:

2. The required short-term bicycle parking must include inverted “U” style racks or similar designs or vertical wall mounted racks in compliance with subsections (C)(1) and (C)(2) of this section. A minimum of 50 percent of the bicycle parking must be inverted “U” style racks or similar designs.

3. Short-term bicycle parking must be sheltered as follows:

1. Surface. Each required bicycle parking space must be on asphaltic concrete, Portland cement, or similar hard surface material.

2. Access.

3. Vertical Clearance. Each bicycle parking space must maintain a minimum vertical clearance of seven feet, except for bicycle lockers.

4. Clear Vision Area. Outdoor bicycle parking is not permitted within the clear vision area. See BDC 3.1.500, Clear Vision Areas.

5. Lighting. Lighting must be provided in bicycle parking areas and comply with BDC 3.5.200, Outdoor Lighting Standards. [Ord. NS-2541, 2025; Ord. NS-2488, 2023; Ord. NS-2462, 2023; Ord. NS-2423, 2021; Ord. NS-2389, 2020; Ord. NS-2016, 2006]

1. The waiver or modification will not harm or will be beneficial to the public in general;

2. The waiver or modification is not inconsistent with the general purpose of ensuring adequate public facilities;

3. The waiver or modification does not prohibit the implementation of a bicycle low stress route or crossing as shown in the Transportation System Plan Figure 5-1, Bicycle Low Stress Network, and with City of Bend Standards and Specifications including the City’s Connector Routes and Crossings Map; and

4. One or more of the following conditions are met:

1. The subdivision was approved in Deschutes County in 1972 prior to annexation to City of Bend in 1993;

2. The public right-of-way width ranges between 40 feet to 60 feet;

3. The pavement width is less than 24 feet;

4. There are no curbs; and

5. The area includes significant trees, rock outcroppings and a rural appearance.

1. Streets, including access corridors, within or adjacent to a development must be improved as complete streets in accordance with the Transportation System Plan (TSP), provisions of this chapter, other pertinent sections of this code, and the City of Bend Standards and Specifications.

2. Development of new streets, and additional street width or improvements planned as a portion of an existing street, must be improved in accordance with this section, and public street right-of-way must be dedicated to the City, Deschutes County or the Oregon Department of Transportation.

3. All new and/or existing streets and alleys must be paved per the City of Bend Standards and Specifications.

1. Discretionary Track. If the applicant states in the written narrative they are electing to use a Type II discretionary track, then the applicant may request that the City Engineer make a determination that an encumbrance may be maintained if there are significant legal or other impediments to moving or releasing the encumbrance and the encumbrance does not materially conflict with the City’s potential or actual uses of the right-of-way, in the sole determination of the City Engineer.

1. Street grades must be designed and/or constructed as approved by the City Engineer in accordance with the City of Bend Standards and Specifications.

2. Where the location of a street is not shown in an existing street plan in conformance with subsection (I) of this section, Future Street Plan and Extension of Streets, the location of streets in a development must either:

1. Right-of-Way and Pavement Widths.

2. Future Right-of-Way Widths and Special Building Lines. To ensure that adequate transportation corridors will be preserved for the future, the special setbacks established in subsection (J) of this section apply.

3. Exceptions to Minimum Rights-of-Way Standards.

1. Traffic signals/roundabouts/intersection improvements must be constructed in conformance with City of Bend Standards and Specifications, including meeting the City-approved Manual on Uniform Traffic Control Devices’ signal warrants, based on determined mitigation needs from BDC Chapter 4.7, Traffic Analysis.

2. Intersection design must be approved by the City Engineer. The developer’s financial responsibility and the timing of improvements must be included as a condition of development approval.

3. Where traffic signal warrants are met, the City’s preferred intersection treatment is a roundabout for reasons of safety, capacity, and traffic flow. The selection of a traffic signal instead of a roundabout must be evaluated per the City of Bend Standards and Specifications and approved by the City Engineer.

4. Traffic controls on roads under State jurisdiction must be determined by the Oregon Department of Transportation.

1. Medians must use hardscape and/or waterwise designs with native plantings.

2. The design of medians on roads under City jurisdiction must be approved by the City Engineer.

3. The design of medians on roads under State jurisdiction must be approved by the Oregon Department of Transportation.

4. The City may require raised islands to provide an enhanced crossing in accordance with BDC Chapter 4.7, Transportation Analysis.

1. When a street plan has been developed and adopted by City Council along with a Special Planned District, Refinement Plan, Area Plan or Master Plan, that street plan guides the location and spacing of future streets pursuant to City of Bend Standards and Specifications.

2. When no adopted street plan exists for the site, a street plan including existing and proposed streets, access corridors and alleys must be filed by the applicant in conjunction with an application for development, in order to facilitate orderly development and access management. The plan must also show the pattern of existing and future streets, access corridors and alleys from the boundaries of the proposed development and must include other properties within 400 feet of the site boundaries, and other developed streets or public rights-of-way or natural barriers surrounding and adjacent to the proposed development. The future street plan, including access corridors and alleys, is not binding; rather, it is intended to show potential future street, access corridor and alley extensions with future development of adjacent properties.

3. Streets, alleys and access corridors must be extended to the boundary lines of the property to be developed when the extension gives access to, or permits future development of, adjoining land. Where the streets, alleys and access corridors temporarily end they must conform to subsections (I)(3)(a) through (c) of this section:

4. Construction of partial width streets are not permitted, except as approved by the City Engineer. A partial street improvement may be approved only at the outer boundaries of a development where the street is required by other land use requirements and it is likely that adjacent underdeveloped property will complete the street construction. The following limitation applies:

1. Purpose. The purpose of this subsection is to ensure that adequate rights-of-way will be available for the appropriate street improvements as the City grows and that there will be no conflicts with the built environment.

2. Applicability. The special setback standards apply to any lot or parcel that abuts a public right-of-way.

Exception. The special setback standards do not apply to intersections or streets that are already constructed consistent with the Transportation System Plan (TSP) including streets and intersections in subsection (F)(3)(a) of this section as “not being identified for lane expansion.”

3. Setback.

1. Offset local street alignments must be at least 125 feet distance between the centerlines of the local streets and offsets for arterial and collector streets will be determined in compliance with BDC Chapter 4.7, Transportation Analysis.

2. Proposed streets or street extensions, including access corridors, must be located to provide access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and parks.

1. Sidewalks and multi-use paths must be placed at the property line in compliance with the City of Bend Standards and Specifications.

2. Bicycle lanes must be constructed on all collector and arterial streets. Bicycle low stress routes as shown on Transportation System Plan Figure 5-1, Bicycle Low Stress Network, must be constructed in compliance with the City of Bend Standards and Specifications for providing a Level of Traffic Stress LTS 1 or LTS 2 including any low stress street crossings.

3. Planter strips are not required on T-courts, mid-block lanes or shared lanes.

4. Sidewalks and multi-use paths must be allowed to meander around existing trees.

5. All streets must have sidewalks or multi-use paths, and curbs.

1. For projects with needed housing, the following applies:

2. For all other uses, a cul-de-sac street must only be used when the applicant demonstrates that environmental or topographical constraints, existing development patterns, or compliance with other standards in this code precludes street extension and through circulation. Where cul-de-sacs are permitted, a paved multi-use path in compliance with BDC 3.1.300(C)(4), Connector Multi-Use Paths, may also be required to connect to an abutting street, bicycle low stress route, park, multi-use path or development open to the public.

1. Curb exposure shall be per City Standards and Specifications.

2. All public and private streets shall have curbs, except there shall be no curbs on alleys unless otherwise approved by the City Engineer.

3. Curb extensions at local residential street intersections are optional. If provided, the minimum width between the curb extensions shall be 24 feet. Curb extensions shall not be used on streets with bike lanes.

1. The development of new private streets is prohibited, except as follows:

2. Where existing private streets have been developed, improvements must comply with the City of Bend Standards and Specifications and/or master plan.

3. Where existing private streets have been developed, they must transition to a public street at an intersection.

1. The subject site is located within a park search area shown on the Park Search Area Map dated July 2024, and adopted as part of the BPRD Comprehensive Plan in November 2024, and identified by the Bend Park and Recreation District as needing a park.

2. The site proposed for development is 10 acres or larger in area.

3. The Bend Park and Recreation District has indicated that the subject site contains a sufficient area that is suitable for park development based on the Bend Park and Recreation District’s Development Standards. [Ord. NS-2541, 2025; Ord. NS-2302, 2018; Ord. NS-2271, 2016; Ord. NS-2229, 2014; Ord. NS-2016, 2006]

1. The developer must make all necessary arrangements with the serving utility to provide the underground services. All above-ground equipment must not obstruct clear vision areas and safe intersection sight distance for vehicular traffic in conformance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

2. The City reserves the right to approve the location of all surface-mounted facilities.

3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, must be constructed prior to the surfacing of the streets.

4. Stubs for service connections must be long enough to avoid disturbing the street improvements when service connections are made.

1. Land within the 100-year floodplain;

2. Land or slopes exceeding 25 percent;

3. Drainage ways;

4. Wetlands;

5. Identified Areas of Special Interest;

6. Goal 5 Resources;

7. A stand or grove of regulated trees as defined in BDC Chapter 3.2, Landscaping, Tree Preservation, Fences and Walls.

1. The applicant shall dedicate land to the public in a size, configuration and condition desirable for public park or recreational purposes; or

2. The density transfer is used to develop a mix of single-unit and multi-unit housing on the same property or development site.

1. Allowed housing units shall be transferred only to developable lands (“receiving areas”). The number of allowed housing units shall be reduced on properties from which density is transferred (“sending areas”) based on the number of housing units transferred. The new number of housing units allowed on the sending area shall be recorded on a deed for the property that runs with the land. The deed shall state that the number of allowed housing units is subject to review and approval by the City, in accordance with current Zoning and Development Codes.

2. The number of units that can be transferred is limited to the number of units that would have been allowed on the unbuildable area if not for the regulations in this code.

3. The total number of housing units per property or development site shall not exceed 100 percent of the maximum number of units per gross acre permitted under the applicable Comprehensive Plan designation; except as otherwise permitted through the Master Planned Development process in BDC Chapter 4.5.

4. All density transfer development proposals shall comply with the development standards of the applicable land use district, except as otherwise allowed by the Master Planned Development process in BDC Chapter 4.5.

5. Public notice of the proposed density transfer is provided to all neighboring properties within 250 feet of the receiving property. [Ord. NS-2503, 2024; Ord. NS-2423, 2021; Ord. NS-2016, 2006]

1. Buildings and structures;

2. Recreational areas;

3. Parking lot and maneuvering areas;

4. Landscape areas;

5. Streets and street signs;

6. Product display area;

7. Building overhangs and open canopies;

8. Holiday celebrations;

9. Construction lights.

1. All outdoor lighting fixtures subject to this section shall be designed as a full cut-off fixture or have a shielding method to direct light emissions down onto the site and not shine direct illumination or glare onto adjacent properties.

2. All lighting for roadways, roadway signs, intersections, and pedestrian ways shall be designed or have an opaque shielding method to direct light emissions downward and below the horizontal plane of the fixture in the permanently installed position.

3. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited.

4. The operation of searchlights for advertising or promotional purposes is prohibited.

5. Outdoor lights at designated Historic Sites or within Historic Neighborhoods that are consistent with the architectural style or era of the building or property shall be consistent with the provisions of this section.

6. Businesses and institutions with outdoor lighting, such as parking lot lights, building lights, landscaping lights and other similar exterior lighting features, are encouraged to extinguish such lights at the end of the working day, except for lights necessary for personal and building safety.

7. All outdoor lighting used for public or private sports stadiums, sports areas, recreation facilities, outdoor performance areas and other similar outdoor facilities shall be extinguished within an hour after conclusion of the final event of the day, except as exempted herein.

8. Externally affixed neon lighting is prohibited except in the following manner: As a trim element that surrounds windows, doors, or building edges; when located on building facades that face street frontages or internal driveways within commercial shopping complexes; such lighting shall not be located more than 15 feet from finished grade and shall not be used to define a building roofline; and such lighting shall not include flashing, intermittent or rotating lights. Notwithstanding the provisions of this section, all neon lighting associated with signs shall be in accordance with the provisions of BC Chapter 9.50, Signs.

1. All outdoor light fixtures lawfully installed and operating prior to the effective date of the ordinance codified in this section, and not prohibited by this section. This exemption shall not apply if an existing light fixture is replaced. The addition of supplementary shielding and/or re-aiming of existing fixtures that shine direct illumination or visible glare beyond the property line where the fixture is installed are encouraged to help improve safety and quality of life in Bend.

2. Residential decorative lighting and low wattage lighting used for yards and driveways that do not shine glare, emit direct illumination, or cast a shadow onto adjacent property.

3. Commercial and industrial low wattage lighting used to highlight driveways and landscaping, or applied to a building providing they are properly aimed and shielded to not shine visible glare into the public right-of-way or onto adjacent or nearby properties.

4. Up-lighting intended to highlight part of a building or landscaping; provided, that the light distribution from the fixture is effectively contained by an overhanging architectural element or landscaping element and does not shine beyond the intended target including into the night sky. Such containment elements may include but are not limited to awnings, dense shrubs or year-round dense evergreen tree canopies which will contain or limit illumination of the sky.

5. Correctional Institutions. Exterior lighting for County correctional institutions shall be shielded high-intensity discharge lighting except at the immediate entry area, in which case other lighting may be used that conforms to the intent of this section.

6. Low wattage lights used for holiday decorations for no more than 60 days are exempt from the requirements of this section.

7. Carnivals and fairs that require the use of temporary outdoor lighting fixtures are exempt except that permanent installations at dedicated sites must conform to the requirements of this section.

8. U.S. flags displayed by top-mounted lighting only. The illumination of all flags other than the U.S. flag shall be extinguished at the end of public business hours or by 10:00 p.m., whichever is later.

9. Temporary lighting for television or movie film productions, roadway or utility construction or building construction not to exceed 60 days in any one vicinity. Permanent installations at dedicated sites must conform to the requirements of this section.

10. The operation of outdoor lighting used for public or private sports stadiums, sports areas, recreation facilities, outdoor performance areas and other similar outdoor facilities later than the conclusion of the final event of the day when maintenance such as field grooming, irrigation, cleaning and other similar maintenance activities are required in order to have the facility ready for operation the following morning. Lights during after-events maintenance shall be kept at the minimum level practicable.

11. All outdoor light fixtures used to highlight art features within a traffic circle or roundabout providing they are properly aimed and shielded to not shine visible glare into the public right-of-way or onto adjacent or nearby properties.

1. End of business hours or end of business means (a) the end of normal or posted business hours when a business or institution is no longer open to serve customers or clients, and (b) the end of a shift or normal work hours when the majority of employees are gone from the business or institution.

2. Full cut-off means a light fixture designed and constructed so that light is directed down and no light is projected above the horizontal plane. [See illustrations below]

3. Glare means stray, unshielded light striking the eye that may result in (a) nuisance or annoyance such as light shining into a window; (b) discomfort causing squinting of the eyes; (c) disabling vision by reducing the ability of the eyes to see into shadows; or (d) reduction of visual performance.

4. High intensity discharge lamp lighting means high-pressure sodium, mercury vapor, metal halide, low-pressure sodium, induction, sulfur, xenon, and other similar lamps.

5. Installed means initial installation of outdoor lighting fixtures, poles, electrical wiring, and related mounting equipment following the effective date of the ordinance codified in this section. Projects with approved construction plans prior to effective date of the ordinance codified in this section are excluded from compliance with the ordinance in the initial installation only.

6. Low wattage lights means 12-volt direct current lights or individual lamps less than 0.25 watts each strung together within a translucent or transparent plastic cover.

7. Replacement means the installation of a new lighting fixture in place of an existing fixture, and/or the installation of a new lighting housing or head to an existing pole, bracket or wall, tree, or other structure. “Replacement” does not mean the changing of light bulbs or lamps in a fixture for the same or lower wattage bulbs.

8. Safety/Security. “Safety” means (a) sufficient lighting at building entrances, exits, walkways and parking areas to allow customers and employees to see any physical barriers and to be seen at all times as they access to vehicles and sidewalks, and (b) the use of full cut-off light fixtures above doors, at fire service stanchions, loading areas, and similar building access points.

9. Shielding means an externally applied device such as a shroud or hood of metal, wood, opaque plastic or opaque painted glass so that light emitted by the fixture is directed downward below the horizontal plane onto the site and does not shine direct illumination or glare onto adjacent or nearby property.

10. Unshielded means light fixtures lacking any means to restrict the emitted light to below the horizontal plane or to shine or glare onto adjacent or nearby property.

11. Up lighting means a shielded light fixture usually installed on the ground or permanently mounted to an architectural element, tree, or other structure that has the light from the fixture directed in a contained distribution pattern above the horizontal plane to illuminate an adjacent or nearby building element, shrub, tree or other landscaping. [Ord. NS-2016, 2006]

1. Applicability. Solar lot standards apply to the creation of lots within subdivisions in RS and RM Zones.

2. Solar Lot Requirements. In RS and RM Zones, at least 70 percent of the lots in a subdivision must have a minimum north-south lot dimension of 50 feet or more.

3. Discretionary Track to the Solar Lot Requirements. If the applicant states in the written narrative that they are electing to use a Type II discretionary track, then the applicant may request that the Review Authority make an exception to the solar lot requirements if the applicant can demonstrate that one or more of the following development constraints are present:

4. Exemptions to the Solar Lot Requirements. A proposed lot will not be identified as a “solar lot” but will be counted as a lot that satisfies subsection (B)(2) of this section when the lot satisfies subsection (B)(4)(a), (B)(4)(b), (B)(4)(c) or (B)(4)(d) of this section.

1. Applicability. These 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.

2. Solar Setback Requirements. Buildings must be set back from the northern property line according to the standards in this section. When a northern property line abuts an alley, street, or common area, the setback will be measured to the next lot line across the alley, street, or common area. An applicant for a development permit for a building subject to this section must submit documentation that shows either the solar setback or how the structure qualifies for an exemption. If buildings on separate lots are attached or connected at a common lot line, the solar setback standards apply as if the buildings are a single building on a single lot composed of both lots.

b. Solar Setback for RM Zone. The solar setback of the shade point must be greater than or equal to the following formula:

SSB =	(2.5 X SPH) + (N divided by 2) – 100
Where:
SSB =	Solar setback (the shortest horizontal distance between the shade point and the plane of the northern lot line).
SPH =	Shade point height (reduce this dimension by 3 feet if the shade point is a ridgeline between 45 degrees east or west of true north).
N =	North-south lot dimension. Maximum allowable “N” for purposes of calculating the solar setback is 90 feet.

The following table, which accurately applies the formula, can be used to determine compliance with the solar setback standard.

Shade Point Height* [SPH]	North-South Lot Dimension
	90 feet [N]	85 feet [N]	80 feet [N]

Shade Point Height* [SPH]	North-South Lot Dimension
	90 feet [N]	85 feet [N]	80 feet [N]
24	5	2.5	0
26	10	7.5	5
28	15	12.5	10
30	20	17.5	15
32	25	22.5	20
34	30	27.5	25
36	35	32.5	30
38	40	37.5	35
40	45	42.5	40
42	50	47.5	45

*Solar setback and shade point height are usually measured from an eave or from a ridge line of a roof. See Figure 3.5.400, Measuring Shade Point Height.

3. Exemptions to Solar Setback Requirements. A building is exempt from the solar setback standards when any of the following conditions exist:

1. The application for a solar access permit shall be on forms prescribed by the City and shall contain at a minimum:

2. The applicant shall provide a map drawn to scale showing the following information:

3. Approval Criteria.

1. The City shall issue and acknowledge a solar access permit creating the solar access requested in the application or as modified by the City upon approval.

2. The applicant shall record, with the Deschutes County Clerk, the solar access permit in the chain of title of the subject lot and each of the neighboring lots identified in the permit and provide proof of recordation.

3. The solar access permit shall be prescribed by the City and shall contain at a minimum:

1. The Community Development 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 permit holder or the successor of interest, or the solar collector is shown to be unproductive for a period of one year or more.

2. The permit holder shall record the termination of the solar access permit with the Deschutes County Clerk and provide proof of recordation to the City. [Ord. NS-2541, 2025; Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2137, 2009; Ord. NS-2016, 2006]

1. Applicability.

2. Development on a Middle Housing Land Division Site.

3. More than one dwelling unit is prohibited on a lot or parcel that has been created through a middle housing land division. Accessory dwelling units are prohibited on lots or parcels that have been divided through middle housing land divisions.

4. The further division of a lot or parcel created through a middle housing land division is prohibited.

5. For purposes of the middle housing development, the concentration limits for short-term rentals in BDC 3.6.500 will be measured based on the parent site, rather than from an individual lot or parcel created through a middle housing land division. Individual lots or parcels will each be subject to the other standards in BDC 3.6.500, Short-Term Rentals, on an individual lot or parcel basis.

1. Permitted ADU. ADUs may only be permitted on a lot or parcel with a single-unit dwelling.

2. Number of ADUs.

3. ADU Floor Area.

4. Sewer Analysis. If the addition of a second ADU on a lot or parcel will result in a density that exceeds the maximum density of the corresponding zone, that ADU is not permitted if the sanitary sewer main capacity with the development of the second ADU (i) is at or over 80 percent full during dry weather conditions, (ii) results in less than two feet of freeboard in a manhole during wet weather, or (iii) results in a sewer force main with a velocity exceeding 10 feet per second during wet weather flow.

5. Detached ADUs. A detached ADU must be a minimum of six feet apart from other dwelling units on the same lot or parcel as measured between their building footprints, unless exempted below.

1. Applicability. The conversion of a building or a portion of a building from a commercial use to a residential use is permitted except where the City determines the following:

2. Review Process. The conversion of a building or a portion of a building from a commercial use to a residential use is processed as a Type I application subject to BDC 4.2.400(B), Minimum Development Standards Review for All Other Uses.

3. Density.

1. Building Mass.

a. Townhomes.

i. The number of consecutively attached townhome units is not restricted.

ii. As shown in Figure 3.6.200.D.1, for townhomes to be considered attached the common wall must be fully enclosed and shared for at least 25 percent of the length of each dwelling unit’s enclosed elevation, not including uncovered or open, covered porches, patios, decks or stoops. The common wall may be any wall of the dwelling unit, including the wall of an attached garage. As shown on Figure 3.6.200.D.2, townhomes may have detached garages or ADUs that share a common wall between the two lots or parcels.

2. Alley Access Requirement. For lots or parcels abutting an alley, access to all dwelling units must be taken from the alley in accordance with BDC 3.1.400(F)(3).

3. Street Access Developments. Where there is no abutting alley, dwelling units taking access directly from a street must comply with the following standards:

4. Driveway Width. The minimum driveway width is 10 feet.

5. Areas Owned in Common. Common areas must be maintained by a homeowners’ association or other legal entity. A homeowners’ association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions must be recorded and provided to the City prior to issuance of a building permit.

1. Thermal Envelope. The manufactured home or prefabricated structure must be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-unit dwellings constructed under the Low-Rise Residential Dwelling Code;

2. Historic Districts. The manufactured home or prefabricated structure must not be located in a designated historic district.

1. Lot Size and Dimension Requirements. The minimum lot area and dimensions within a manufactured home subdivision are the same as that allowed within the underlying zone.

2. Permitted Uses. Manufactured home subdivisions may contain manufactured homes, prefabricated structures and related accessory structures.

3. Setbacks. Setbacks are the same as provided in the underlying zone.

1. Minimum Area Required. Manufactured dwelling parks must be a minimum area of one acre.

2. Density. The maximum number of manufactured dwellings allowed within a manufactured dwelling park must not exceed 10 units per acre. The average area of a home site must not be less than 4,000 square feet, excluding roadway, recreation areas and other accessory facilities. No manufactured dwelling site can be less than 2,000 square feet in area.

3. Access. Manufactured dwelling park accesses must 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.

4. Permitted Uses. Manufactured dwelling parks may contain manufactured homes, prefabricated structures and accessory structures permitted in this chapter, community laundry and recreation facilities and other common buildings for use by park residents only, and one residence other than a manufactured home for the use of a caretaker or a manager responsible for maintaining or operating the property.

5. Minimum Site Requirements.

1. Detached dwelling units must be a minimum of six feet apart as measured between their building footprints.

2. Lot or Parcel Access. For lots or parcels abutting an alley, access must be taken from the alley in accordance with BDC 3.1.400(F)(3). Where there is no abutting alley, duplexes may have a maximum of two driveway approaches, triplexes may have a maximum of three driveway approaches and quadplexes may have four driveway approaches in compliance with the following:

3. The minimum driveway width must be 10 feet.

1. Mixed-Use Development. Residential uses shall be permitted in Commercial Districts only when part of a mixed-use development (residential with commercial or public/institutional use). Both “vertical” mixed-use (housing above the ground floor), and “horizontal” mixed-use (housing on the ground floor) developments are allowed, subject to the following standards in subsections (I)(2) through (5) of this section.

2. Limitation on Street-Level Housing.

3. Density. The density standards are intended to ensure efficient use of buildable lands. Residential density standards apply to any portions of the development where ground-floor residential uses are proposed. Area used to calculate residential density includes all area dedicated to parking and landscaping required for the ground-floor residential uses, but does not include land dedicated to right-of-way.

4. Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc., and multi-tenant building exteriors) shall be maintained by a legal entity or legal process. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the City prior to building permit approval.

5. Commercial and Public/Institutional Floor Area. The commercial or public/institutional uses must occupy at least the floor area equivalent to the entire ground-floor area of the development. The commercial or public/institutional uses shall be constructed prior to or concurrently with the residential uses.

6. Exemptions. BDC 3.6.200(C), Conversion From Commercial to Residential Uses, BDC 3.6.250(A), Residential Use of Commercial Lands for Income Qualified Housing, and BDC 3.6.250(B), Income Qualified Housing Allowed Outright, are exempt from this section.

1. Licensing. All residential care homes and facilities shall be duly licensed by the State of Oregon.

2. Site Plan Review. Site Plan Review shall be required for new structures to be used as residential care facilities, to ensure compliance with the licensing, parking, and other requirements of this code. Residential care homes are exempt from this requirement.

1. Maximum Size. The bed and breakfast structure is limited to a maximum of four bedrooms for guests and a maximum of eight guests per night.

2. Employees. The bed and breakfast facility may have up to one full time equivalent nonresident employee for the facility.

3. Food Service. Food services may be provided only to overnight guests of the bed and breakfast inn.

4. Owner- or Operator-Occupied. The bed and breakfast inn shall be owner- or operator-occupied and shall maintain the exterior physical characteristics of a single-unit dwelling. No separate structures shall be allowed (except for customary residential accessory buildings such as sheds, or detached garages).

5. Location. There shall be at least 400 feet of separation along the same street between inns.

6. Signs. Signs must meet the standards of BC Chapter 9.50, Signs.

7. Monitoring. All bed and breakfast inns shall register with the City of Bend for Transient Room Tax and must maintain a guest logbook. It must include the names and home addresses of guests, guests’ license plate numbers if traveling by car, dates of stay and the room number of each guest. The log must be available for inspection by City staff upon request.

1. Primary Use Required. An accessory structure or use may only be permitted on a lot or parcel after the primary use is established. The accessory use must be a permitted use in the zoning district.

2. Restrictions to Attached and Detached Accessory Structures. The following restrictions apply to accessory structures attached to a dwelling unit and detached accessory structures:

3. Restrictions to Detached Accessory Structures. The following restrictions apply to detached accessory structures:

4. Attached Accessory Structures. In order to consider the accessory structure to be attached to a dwelling unit, it must be attached by one of the following options:

The shared or attached wall must be the wall of an enclosed interior space, and does not include porches, patios, decks or stoops.

1. General Operational Standards. All home businesses must meet the following operational standards:

2. Class A Home Business. A Class A home business is one where the residents use their home as a place of work and no nonresident employees nor clients/customers come to the site. Class A home businesses also provide an opportunity for the residents to use their home as a business address but not as a place of work, for professions where the work is performed online or done at other locations.

3. Class B Home Business. A Class B home business is one where the residents use their home as a place of work and involves a limited number of nonresident employees and/or clients or customers coming to the site.

4. Class C Home Business. A Class C home business is one where the residents use their home as a place of work and the scope of the business activities exceeds the standards for a Class B home business.

5. Exemptions. Garage, yard, or estate sales not to exceed three consecutive days three times per calendar year.

6. Prohibited Uses. The following uses are prohibited as home businesses:

7. Enforcement. The Planning Director or designee may visit and inspect the site of a home business in accordance with this chapter periodically to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations will be processed in accordance with BDC Chapter 1.3, Enforcement.

1. Single-room occupancies are permitted as follows:

2. Review Procedure.

3. Single-room occupancies must include a minimum of four attached units that are independently rented and lockable.

4. Each unit must provide living and sleeping space for the exclusive use of an occupant.

5. Occupants must share sanitary or food preparation facilities with the other units in the occupancy. The developer may provide both facilities as shared facilities; however, when one of the facilities isn’t shared, it must be provided in each unit for the exclusive use of the occupant.

6. The parking maximum is one and one-half parking spaces per unit.

7. Bicycle Parking.

8. Single-room occupancies with more than six units must provide a minimum 15 percent landscaping. See BDC 3.2.300, New Landscaping.

9. The use of a unit as a short-term rental is prohibited. [Ord. NS-2541, 2025; Ord. NS-2532, 2025; Ord. NS-2515, 2024; Ord. NS-2487, 2023; Ord. NS-2463, 2023; Ord. NS-2462, 2023; Ord. NS-2445, 2022; Ord. NS-2443, 2022; Ord. NS-2434, 2022; Ord. NS-2423, 2021; Ord. NS-2404, 2021; Ord. NS-2389, 2020; Ord. NS-2353, 2019; Ord. NS-2318, 2018; Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2271, 2016; Ord. NS-2260, 2016; Ord. NS-2256, 2015; Ord. NS-2251, 2015; Ord. NS-2241, 2015; Ord. NS-2240, 2015; Ord. NS-2122, 2009; Ord. NS-2107, 2008; Ord. NS-2016, 2006]

1. Applicability.

2. Permitted Zoning Districts. Commercial and Mixed-Use Districts.

3. Density.

4. Development Standards. Development is subject to the standards of the Mixed-Use Neighborhood (MN) District.

1. Affordability. As used in this section:

2. Applicability.

3. Density and Height Bonus. Development of income qualified housing under this section may comply with the following density and height requirements, at the greater of:

4. Public Facilities Zoning District Density. The minimum and maximum density standards of the Medium Density Residential (RM) Zone apply.

1. For the purposes of the incentive program, the City defines “affordable housing” as housing with a sales price or rental amount that is within the means of a household that may occupy moderate- and low-income housing, meeting one of the thresholds defined below:

2. In association with the land use review process, and prior to the issuance of a building permit for any units in an affordable housing development, the owner must enter into an affordable housing development agreement with the City. The development agreement must set forth the commitments and obligations of the City and the owner, including, as necessary, conditions to ensure the completion of affordable housing in the development.

3. The owner must execute any and all documents deemed necessary by the City in a form to be established by the City Attorney, including, without limitation, restrictive covenants, deed restrictions, and related instruments (including requirements for income qualification for tenants of for-rent units) to ensure the continued affordability of the affordable housing units in accordance with this section.

4. Developments in compliance with subsection (C)(1) of this section may be eligible for the following incentives unless otherwise specified:

1. Drive-In and Drive-Through Facilities. Drive-in and drive-through facilities, such as teller machines, service windows, drop-boxes and similar features associated with the drive-up and drive-through components of restaurants, banks and similar uses, must meet all of the following standards:

2. Automobile Service and Gas Stations. The following minimum standards shall apply to automobile service stations and gas stations:

1. Building Mass. Large-scale buildings shall incorporate changes in building direction (i.e., articulation) and divide large masses into varying heights and sizes. 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, and screening trees. The maximum width or length of a building shall not exceed 80 feet (from end-wall to end-wall), except that this standard may be increased through the approval of a Conditional Use Permit, or as part of a Master Planned Development.

2. Vehicle Areas and Trash Receptacles. All vehicle areas (i.e., parking, drives, storage, etc.) and trash receptacles shall be oriented away from adjacent residences to the greatest extent practicable, and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height.

3. Landscaping. The site shall be landscaped in conformance with BDC Chapter 3.2.

1. A mobility hub must include, at a minimum, the following which are intended to provide a recognizable place with a concentration of different and connected transportation modes and services:

2. A mobility hub may also provide any of the following facilities and services on site: