1. A map depicting the location of the subject property proposed for development.

2. A visual description of the project including a site plan, tentative subdivision plan and elevation drawings of any structures if applicable.

3. A description of the nature of the use including, but not limited to, sizes and heights of structures, proposed lot sizes, density, etc.

4. The expected or anticipated impacts from the development.

5. Any mitigation proposed by the applicant to alleviate the expected/anticipated impacts.

6. An opportunity for the public to provide comments. Applicants are encouraged to reconcile as many public concerns as possible prior to submittal of their application.

1. The applicant must send mailed notice of the public meeting to all property owners within 500 feet of the boundaries of the subject property, and, if any part of the subject property is within the boundaries of a neighborhood district recognized by the City of Bend or within 500 feet of any other neighborhood district recognized by the City of Bend, notice must be mailed and emailed to the designated land use chair(s) of such neighborhood district(s). The property owner list must be compiled from the Deschutes County Tax Assessor’s property owner list from the most recent property tax assessment roll. The physical and email addresses for the designated land use chair(s) of the affected neighborhood district(s) may be obtained from the City of Bend. The notice must be sent no less than 15 days prior to the public meeting, and must include at a minimum:

1. Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application;

2. Be completed in a manner prescribed by the City;

3. Include supporting information required by this code and any other information necessary to, in the judgment of the Community Development Director, demonstrate compliance with applicable criteria;

4. Be accompanied by the appropriate filing fee as set forth in the adopted Fees Resolution;

5. Provide proof of ownership in the form of a deed, or other recorded document; and

6. In the case of applications for a quasi-judicial plan amendment or zone change, may be accompanied by applications for a specific development proposal.

7. For applications that require a public meeting under BDC 4.1.215(A), include a Public Meeting Verification of Compliance form signed by the applicant and a representative of the neighborhood district(s), attesting to the contents of the materials provided at the meeting. If no representatives of the neighborhood district(s) are present at the meeting, the applicant may submit a statement to that effect. If the public meeting was arranged and conducted by the applicant, the notification materials listed in BDC 4.1.215(B)(1)(a) through (B)(1)(c) must also be submitted.

1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or

2. Applications for development proposals sited on lands owned by the State or the Federal government. [Ord. NS-2541, 2025; Ord. NS-2515, 2024; Ord. NS-2503, 2024; Ord. NS-2445, 2022; Ord. NS-2423, 2021; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

1. Upon the standards and criteria that were applicable at the time the application was first submitted; or

2. For an application that includes one or more dwelling units, micro units, or single room occupancies, upon the request of the applicant, those standards and criteria that are operative at the time of the request.

1. Any applicable timelines for completeness review and final action restart as if a new application were submitted on the date of the request.

2. For the purposes of this section the application is not deemed complete until:

3. The City may deny a request if:

4. The City may not require that the applicant:

1. The plot of land was lawfully created through a subdivision or partition plat;

2. The plot of land was created within the City limits through a deed or land sales contract recorded with Deschutes County prior to:

3. The plot of land was created within the County jurisdiction through a deed or land sales contract recorded with Deschutes County prior to:

1. In accordance with BDC Chapter 4.3, Land Divisions and Property Line Adjustments, consolidate the unit of land with a contiguous unit of land that is determined to be a legal lot of record. Both units of land must be held in the same ownership as shown on the records of the Deschutes County Clerk.

2. Apply for and obtain approval for a single lot partition or minor replat in conformance with ORS 92.176 and BDC Chapter 4.3, Land Divisions and Property Line Adjustments. [Ord. NS-2541, 2025; Ord. NS-2122, 2009; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

1. The Review Authority must approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land for needed housing that is consistent with the Bend Comprehensive Plan and applicable land use regulations.

2. If an application is inconsistent with the Bend Comprehensive Plan and applicable land use regulations, the Review Authority, prior to making a final decision on the application, must allow the applicant to offer an amendment or propose conditions of approval that would make the application consistent with the Plan and applicable regulations. If an applicant seeks to amend the application or propose conditions of approval:

3. The Review Authority must deny an application that is inconsistent with the Bend Comprehensive Plan and applicable land use regulations and that cannot be made consistent through amendments to the application or the imposition of reasonable conditions of approval. [Ord. NS-2541, 2025; Ord. NS-2463, 2023]

1. Type I. Type I decisions are made by the Community Development Director, unless elevated to a Type II application in compliance with BDC 4.1.310(B) or when an applicant elects to use a discretionary track. The Community Development Director’s decision to elevate a Type I application to a Type II application is not an appealable decision. See BDC 4.1.300, Type I Ministerial Procedures.

2. Type II. Type II decisions are made by the Community Development Director. The Community Development Director may elevate a Type II minor master plan application to the Planning Commission for hearing and decision as a Type III application and, except for expedited and middle housing land divisions, all other Type II applications to the Hearings Officer for hearing and decision as a Type III application. The Community Development Director’s choice between or among administrative or hearing procedures to apply to a particular application or determination is not an appealable decision.

3. Type III. Type III decisions are made by the Planning Commission or Hearings Officer after a public hearing following the quasi-judicial hearings procedures of BDC 4.1.800, Type III and III-CC Quasi-Judicial Hearings. The following is the Review Authority for Type III applications:

4. Type III-CC. Type III-CC decisions are made by the City Council following a recommendation by the Planning Commission or Hearings Officer using the quasi-judicial hearings procedures of BDC 4.1.800, Type III and III-CC Quasi-Judicial Hearings. The following is the Review Authority for Type III-CC applications, except the City Council is the sole review authority for annexations, statutory development agreements and extraterritorial extension and/or connection of water and sewer services:

5. Type IV. Type IV decisions are made by the City Council following a recommendation by the Planning Commission using the legislative procedures of BDC 4.1.500, Type IV Legislative Procedures, except the City Council is the sole review authority for annexations. [Ord. NS-2541, 2025]

1. Exception. A limited land use decision that is made under land use standards that do not require interpretation or the exercise of policy or legal judgment may be made by the Community Development Director using a Type I process under ORS 197.195. The Community Development Director’s decision to make a limited land use decision a Type I application under this section is not an appealable decision.

1. All of the missing information;

2. Some of the missing information and written notice from the applicant that no other information will be provided; or

3. Written notice from the applicant that none of the missing information will be provided.

1. All of the missing information;

2. Some of the missing information and written notice that no other information will be provided; or

3. Written notice that none of the missing information will be provided.

1. One-Hundred-Twenty-Day Review Period. The City must take final action on an application for a permit, limited land use decision or zone change, including resolution of all local appeals, within 120 days after the application is deemed complete, except as follows:

2. One-Hundred-Day Review Period.

1. Quasi-judicial Comprehensive Plan text or map amendments or Development Code text amendments;

2. Revocation proceedings;

3. Interpretation and determinations;

4. Consideration of remanded applications;

5. Statutory development agreements;

6. Major master plan; or

7. Annexations. [Ord. NS-2541, 2025; Ord. NS-2515, 2024]

1. The applicant.

2. Owners of record of property as shown on the most recent property tax assessment roll of property located, and to the addresses based on the City’s current addressing records:

3. The designated land use chair(s) of a neighborhood association recognized by the City of Bend, where any property within the notice area specified in subsection (B)(2) of this section is within the boundaries of a recognized neighborhood association.

4. The notice requirements of this section will be deemed met when the Planning Division can provide an affidavit or other certification that such notice was given.

5. The Community Development Director may increase the minimum notice area up to 400 feet beyond what is otherwise required under subsection (B)(2)(a) of this section, at his or her sole discretion.

1. The applicant.

2. Owners of record of property, as shown on the most recent property tax assessment roll, and addresses, based on the City’s current addressing records, to properties:

3. The tenants of a manufactured dwelling park when the application involves rezoning any part of the park.

4. The designated land use chair(s) of a neighborhood district recognized by the City of Bend, where any property within the notice area specified in subsection (A)(2) of this section is within the boundaries of a recognized neighborhood district.

1. Describe the nature of the applicant’s request and the nature of the proposed uses that could be authorized.

2. List the criteria from the Development Code and the Bend Comprehensive Plan applicable to the application at issue.

3. Set forth the street address or easily understood geographical reference to the subject property.

4. State the date, time and location of any hearing or date by which written comments must be received.

5. State that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony, including, but not limited to, a party’s right to request a continuance or to have the record held open.

6. If a hearing is to be held, state that any interested person may appear and provide evidence.

7. State that failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.

8. State the name of a City representative to contact and the telephone number where additional information may be obtained.

9. State that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost.

10. State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at a reasonable cost.

1. The requirement for posting a notice on the project site;

2. The number of on-site notices required;

3. The latest date that the notice may be posted; and

4. A statement to be signed and returned by the applicant certifying that the notice(s) either was or will be posted on site by the required date. Failure to submit such certification constitutes an agreement by the applicant to pause the review period until such statement is provided. [Ord. NS-2541, 2025; Ord. NS-2397, 2021; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. The process is bound to result in a decision;

2. The decision is bound to apply preexisting criteria to concrete facts; and

3. The action is customarily directed at a closely circumscribed factual situation or small number of persons.

1. An application for the land use approval has been accepted as complete.

2. A fee for review of the temporary approval has been paid.

3. The applicant has demonstrated good and sufficient cause for such a temporary approval.

4. It appears that the application will be given final approval in substantially the form submitted by the applicant.

5. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further agrees in writing to hold City, its officers, agents and employees harmless from such loss and damage.

6. The applicant agrees in writing to restore the site to its original condition if the application for the land use approval is denied.

7. The applicant posts a bond or other form of security acceptable to the Review Authority in an amount sufficient to cover the costs of restoration of the site.

1. Six months from the date of approval, if no decision has been reached on the underlying application.

2. On the date the appeal period has ended on the decision on the underlying application.

3. On the date that all appeals of the decision on the underlying application are decided and final.

1. Notice must be published in a newspaper of general circulation in the City at least 20 days prior to each public hearing.

2. The notice must state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration.

1. A copy of the signed decision, the findings and the text of the change to the Bend Comprehensive Plan or Bend Development Code;

2. If a Bend Comprehensive Plan Map or Bend Zoning Map is created or altered by the proposed change, a copy of the map that is created or altered;

3. A brief narrative summary of the decision, including a summary of substantive differences from the proposed change submitted under ORS 197.610 and any supplemental information that may be useful to inform the Director or members of the public of the effect of the actual change; and

4. A statement by the individual transmitting the submission, identifying the date of the decision and the date of the submission.

1. Applicant;

2. Any person who participated in the proceedings that led to the decision to adopt the change to the Bend Comprehensive Plan or Bend Development Code; and

3. Any person who requested in writing that the local government give notice of the change to the Bend Comprehensive Plan or Bend Development Code. [Ord. NS-2541, 2025]

1. Removal of Trees Greater Than Four Inches DBH.

2. Type II Application Activities.

3. Type III Application Activities.

1. A detailed written explanation of the proposal, including the location, amount, and type (species) of any vegetation to be removed or planted, and any material to be graded, excavated, or filled.

2. An explanation of why any proposed grading, excavation, or fill of material and/or vegetation is necessary.

3. A site plan drawn to scale, accompanied by such drawings, sketches, photos, and descriptions as are necessary to describe and illustrate the proposed activity. The site plan must, at a minimum, include:

1. Publicly announce for the record the substance of such communication; and

2. Announce the parties’ right to rebut the substance of the ex parte communication during the hearing.

3. Communication between City staff and the Hearings Body shall not be considered to be an ex parte contact. [Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. The Hearings Body must explain the purpose of the hearing and announce the order of proceedings, including reasonable time limits on presentations by parties.

2. A statement by the Hearings Body regarding pre-hearing contacts, bias, prejudice or personal interest must be made.

3. Any facts received, noticed or recognized outside of the hearing must be stated for the record.

4. Challenges to the Hearings Body’s qualifications to hear the matter must be stated and challenges entertained.

5. At the commencement of a hearing under a Comprehensive Plan or land use regulation, the Hearings Body or his or her designee must make a statement to those in attendance that:

6. At the commencement of the initial public hearing, the Hearings Body or his or her designee must make a statement to the applicant that the failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court. An applicant is not required to raise constitutional or other issues relating to proposed conditions of approval unless the conditions of approval are stated with sufficient specificity to enable the applicant to respond to the conditions prior to the close of the final local hearing.

7. An issue which may be the basis for an appeal to the Land Use Board of Appeals must be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues must be raised and accompanied by statements or evidence sufficient to afford the City Council, Planning Commission, Hearings Body or Hearings Officer, and the parties an adequate opportunity to respond to each issue.

8. Order of Presentation.

9. In appeal proceedings, the applicant is the party who initiated the application which is under appeal.

10. The record must be available for public review at the hearing. [Ord. NS-2541, 2025; Ord. NS-2362, 2020; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. If Public Hearing Continued. If the Hearings Body grants a continuance, the hearing must be continued to a date, time and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity must be provided at the continued hearing for persons to present and rebut new evidence, arguments or testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, arguments or testimony for the purpose of responding to the new written evidence.

2. If Record Left Open. If the Hearings Body leaves the record open for additional written evidence, arguments or testimony, the record must be left open for at least seven days. Any participant may file a written request for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the Hearings Body must reopen the record. When the Hearings Body reopens a record to admit new evidence, arguments or testimony, any person may raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue.

3. Review Period. A continuance or extension granted pursuant to this section is subject to the review periods, unless the continuance or extension is requested or agreed to by the applicant.

1. Except as otherwise provided for in this section, the manner of testimony (whether oral or written) and time limits for testimony to be offered upon reopening of the record is at the discretion at the Hearings Body.

2. The Hearings Body must give written notice to the parties that the record is being reopened, stating the reason for reopening the record and how parties can respond. The parties must be allowed to raise new issues that relate to the new evidence, testimony or criteria for decision-making that apply to the matter at issue. [Ord. NS-2541, 2025; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further agrees in writing to hold the City, its officers, agents and employees harmless from such loss and damage;

2. The applicant agrees in writing to restore the site to its original condition if the application for the land use approval is denied; and

3. The applicant posts a bond or other form of security acceptable to the Review Authority in an amount sufficient to cover the costs of restoration of the site to its pre-approval condition. [Ord. NS-2541, 2025; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. Type II Decisions. A notice of the decision must be provided to the applicant and any person who submitted comments during the comment period.

2. Conditional Use Permit Decision without a Hearing (Type II).

3. Type III and Type III-CC Decisions. A notice of decision must be given to the applicant and all parties to the proceeding. See also BDC 4.1.525, Notice of Decision, for map and text amendments.

1. The applicant submits additional documents or evidence that merely clarifies or supports the pending application, and is directed to one or more discreet aspects of the decision. The new information does not constitute a modification of application; or

2. The applicant requests to correct an error in a condition established by the Review Authority where the condition is not supported by the record or is not supported by law; or

3. The applicant requests to correct an error that is technical or clerical in nature.

1. The applicant requests to correct an error in a condition established by the Review Authority where the condition is not supported by the record or is not supported by law;

2. The applicant requests to correct an error that is technical or clerical in nature. [Ord. NS-2541, 2025; Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. Filing a request for reconsideration stays the deadline for any party to file an appeal of the Review Authority’s decision. A new appeal period for all parties to the proceeding will commence upon mailing a notice of modified decision or upon mailing a determination that a request for reconsideration is denied. The new appeal period will not be calculated as part of the review period.

2. If, during the appeal period, an appeal was filed and the applicant requested reconsideration, the appeal will be stayed pending disposition of the request for reconsideration. If the decision is not modified, the appeal will be processed in accordance with the procedures set forth in BDC 4.1.1100. If the decision is modified, the appellant must, within the appeal period of the modified decision, file in writing a statement requesting that its appeal be activated or the appeal will be invalidated.

3. If the decision is modified, any party can appeal the modified decision in accordance with BDC 4.1.1100, Appeals. [Ord. NS-2541, 2025; Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. A party; or

2. A person entitled to notice and to whom no notice was mailed.

1. A description of the decision which is being appealed, including the date of decision.

2. A statement describing the interest the person who is appealing has in the decision. Only persons who have proper standing as provided by the law, and who have participated in the decision being appealed (if provision for such participation was provided in the previous proceeding), may appeal the decision. The statement of interest must demonstrate the person’s standing and participation.

3. A description of the issues sought to be raised by the appeal; and a statement that the issues were raised during the proceeding that produced the decision being appealed. This description must include the specific criteria relied upon as the basis for the appeal, and an explanation of why the decision has not complied with the standards or requirements of the criteria. The issues raised by the appeal must be stated with sufficient specificity to afford the reviewing authority an opportunity to resolve each issue raised. [Ord. NS-2515, 2024; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. Hearings Officer.

2. Planning Commission for appeals of Type II decisions where the Hearings Officer cannot hear the matter due to unavailability or to a conflict of interest.

1. Minutes and audio recordings of any prior hearing, if available;

2. All written and graphic materials that were part of the record below;

3. The Review Authority’s decision appealed from;

4. Written arguments, based upon the record developed below, submitted by any party to the decision;

5. A staff report and staff comment based on the record; and

6. Other information deemed relevant by the Review Authority. [Ord. NS-2541, 2025; Ord. NS-2515, 2024; Ord. NS-2397, 2021; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1. This section applies to development approvals under this code.

2. This section does not apply to:

3. For expedited and middle housing land divisions, see BDC 4.3.700, Expedited and Middle Housing Land Division.

1. Site Plan Review Expiration.

2. Land Division Expiration.

3. All Other Expirations. Except as otherwise provided in the BDC and in subsections (B)(1) and (B)(2) of this section, a development approval expires two years after the final action date, unless:

1. Site Plan Review Extension. The Community Development Director may grant a one-year extension of approval to a single-phase site plan review or a one-year extension of approval to the first phase and/or final phase of a phased site plan review, in compliance with the following:

2. Land Division Extensions.

3. Other Development Approval Extensions. The Community Development Director may grant a one-year extension for a development approval that contained an initial one-year duration of approval if, prior to the expiration date, the applicant submits an application requesting an extension of the development approval period.

4. City Council Resolution Extension.

5. Approval of an extension granted under this subsection is an administrative decision, and is not a land use decision or a limited land use decision as described in ORS 197.015 or this code. An extension is not subject to appeal and is processed as a Type I application.

1. Approval or denial of a modification of approval application is based on the standards and criteria that were applicable at the time the original application was submitted.

2. A request to modify or remove a condition of approval may be approved if the Review Authority determines any one of the following criteria:

3. Modifications of a master plan, PUD or special planned district approved under land use regulations in place prior to April 14, 2017, must comply with one of the following sections in BDC Chapter 4.5, Master Plans:

1. Minor modifications that involve only clear and objective standards may be reviewed using a Type I procedure.

2. When a proposed modification involves a condition of approval, that condition of approval may be modified or removed by the Review Authority that issued the original decision and through the same procedure that was used to establish the condition proposed to be modified.

3. All other modification of approval applications must be processed as a Type II application.

4. A modification that is a new proposal must be filed as a new application.

1. The conditions or terms of development approval are violated;

2. The project is not in substantial conformance with the approved plans or final decision; or

3. The applicant or the applicant’s representative made a material misstatement of fact in the application or supporting documents and such misstatement was relied upon by the Review Authority in making its decision whether to accept or approve the application.

1. Review Process. The approval or amendment of a statutory development agreement is a land use decision and is reviewed using the Type III-CC process.

2. Notice Requirements. Notice of the City Council public hearing to consider a statutory development agreement must follow the notification requirements for a Type III-CC application. In addition, the notice must contain a brief statement of the major terms of the proposed agreement and include a description of the area within the City that will be affected by the proposed agreement.

3. City Council Review. The City Council is the sole review authority and may approve, by ordinance, a statutory development agreement after holding a public hearing. [Ord. NS-2541, 2025]

1. Documentation showing that the applicant has legal or equitable interest in the property.

2. A list of the names and addresses of all other persons, corporations or parties holding legal or equitable interest in the subject property.

3. A detailed description of the proposal and objectives of the statutory development agreement.

4. A detailed description of how the proposed statutory development agreement complies with the relevant approval criteria in BDC 4.1.1550 and ORS 94.504 through 94.528.

5. A legal description of the property subject to the statutory development agreement. [Ord. NS-2541, 2025]

1. The agreement complies with the requirements of ORS 94.504 to 94.528.

2. The statutory development agreement specifies as relevant:

3. The statutory development agreement complies with all relevant City codes and requirements unless an alternative standard is approved by the agreement.

4. The statutory development agreement sets forth all future discretionary approvals required to the development specified in the agreement and specifies the conditions, terms, restrictions and requirements for those discretionary approvals.

5. The statutory development agreement provides that all City obligations to expend moneys under the agreement are contingent on future appropriations as part of the local budget process, and that nothing in the agreement requires the City to appropriate such moneys.

6. The statutory development agreement would result in development or improvements that can be accommodated by adequate transportation, police, fire, stormwater, sewer and water facilities and services.

7. The statutory development agreement must state the assumptions that related to the ability of the City to serve development. [Ord. NS-2541, 2025]

1. Existing Site Conditions Map. At a minimum the existing site conditions map must contain the following:

2. Proposed Site Plan. The site plan shall contain the following information (as applicable):

3. Deed Restrictions. The applicant shall submit copies of all existing and proposed restrictions or covenants.

4. Architectural Drawings. The Community Development Director may request architectural drawings showing one or all of the following:

5. Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan prepared by a registered professional engineer or registered landscape architect shall be required in conformance with BC Title 16, Grading, Excavation, and Stormwater Management. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed.

6. Surface Water Detention and Treatment Plan. A plan prepared by a registered professional engineer or registered landscape architect showing all drainage retention areas, catch basins, and storm piping prepared in accordance with BDC 3.4.500, Storm Drainage Improvements, and BC Title 16, Grading, Excavation and Stormwater Management, shall be required.

7. Landscape Plan Submittal Requirements. The following (as applicable) must be submitted in compliance with BDC Chapter 3.2, Landscaping, Tree Preservation, Fences and Walls:

8. Tree Preservation Plan. The tree preservation requirements in conformance with BDC 3.2.200, Tree Preservation.

9. Sign Drawings. Depictions of conceptually proposed signs must be in conformance with BC Chapter 9.5, Signs. A separate sign application and permit will be required for all signs.

10. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in BDC 4.2.500(D), Site Plan Review Approval Criteria.

11. Traffic Impact Study. A traffic impact analysis, if required by BDC Chapter 4.7, Transportation Analysis.

12. Water and Sewer Capacity Analyses. These analyses are provided by the City upon request and payment of fee, if required.

13. If the properties are not served by the City sewer system in accordance with BC Title 15, provide documentation from the Deschutes County Environmental Soils Division which indicates that the proposed development will be in compliance with all applicable requirements for sanitary septic systems when such systems exist on the properties affected by the development.

14. Coordination With Electric Utility Companies. For developments where the tree canopy at 15 years will be within 10 feet of an overhead powerline, transformer or underground electrical service, a letter or other written documentation from the local electric utility company must be submitted which indicates that the applicant has met with the company to discuss the tree canopy plan and coordination with pre-design, design, building and maintenance phases.

15. A photometric plan showing the locations of all on-site parking lot lighting and measurement of illumination.

16. A phased site plan review must include a time schedule for developing a site in phases not to exceed five years from the final action date.

17. Additional Information. The Community Development Director may require, at the applicant’s expense, studies, reports or exhibits prepared by qualified professionals to address specific site features or concerns. [Ord. NS-2541, 2025; Ord. NS-2515, 2024; Ord. NS-2503, 2024; Ord. NS-2488, 2023; Ord. NS-2445, 2022; Ord. NS-2361, 2020; Ord. NS-2251, 2015]

1. Applicability. This section applies to:

Except as provided in subsection (A)(2)(a) of this section, a dwelling unit is also considered new if the livable space of an existing dwelling unit is increased by 50 percent or more. (Partial to full demolition of the existing dwelling unit’s livable space replaced with new square footage of livable space is considered new square footage.)

A Minimum Development Standards Review application is not required for new construction under subsection (A)(1)(a) of this section; however, compliance with subsection (A)(3) of this section, Approval Criteria, is required and will be verified through the building permit process. A Minimum Development Standards Review application is not required for new or modified vehicular access to an existing residential use under subsection (A)(1)(b) of this section; however, compliance with subsection (A)(3) of this section, Approval Criteria, is required and will be verified through the right-of-way permit process.

When the applicant elects to use a discretionary track, a Minimum Development Standards Review application must be submitted and will be elevated to a Type II application (Discretionary Track).

2. Exemptions. The following is not subject to this section:

3. Approval Criteria. The Review Authority must approve, approve with conditions, or deny an application for minimum development standards review based upon the criteria listed below.

1. Applicability. This subsection applies to uses identified in “Permitted and Conditional Use” tables in each zoning district, as well as those uses listed in BDC Chapters 2.7 and 3.8, other than those in subsection (A) of this section where there is one or more of the following:

All other changes must be processed as a Type II unless exempted.

2. Exemption.

3. Approval Criteria. The Review Authority must approve, approve with conditions, or deny an application for minimum development standards review based upon the criteria listed below.

1. Exemption. Applications processed through minimum development standards review, or determined to be exempt from minimum development standards review, are exempt from site plan review.

1. The proposed land use is a permitted or conditional use in the zoning district;

2. Conditionally permitted uses require approval of a Conditional Use Permit and shall meet the criteria in BDC 4.4.400;

3. The land use, building/yard setback, lot area, lot dimensions, density, lot coverage, building height, design review standards and other applicable standards of the applicable zoning district(s) are met;

4. The proposal complies with the standards of the zoning district that implements the Bend Comprehensive Plan designation of the subject property;

5. The applicable standards in BDC Title 3 are met;

6. All applicable building and fire code standards are or will be met;

7. All required public facilities have adequate capacity, as determined by the City, to serve the proposed use;

8. The proposal complies with BDC Chapter 4.7, Transportation Analysis;

9. The proposal is in compliance with any applicable approved master plan, master facilities plan, refinement plan, area plan and/or special planned district;

10. The proposal complies with BC Title 15, Sewer; and

11. Approval of a phased development requires satisfaction of the following criteria:

1. Maintenance of the exterior of an existing structure such as re-painting, re-roofing or re-siding where similar materials and colors are used or materials and colors are used that comply with the provisions of this code.

2. Exterior alterations to existing buildings that modify less than 25 percent of the surface area of any exterior wall or roof where there is no net loss of glazing.

3. Interior remodeling or tenant improvements.

4. Buildings that are subject to review by the Bend Landmarks Commission.

5. Single-unit detached dwellings, townhomes, accessory dwelling units, duplexes, triplexes, quadplexes, single room occupancies with six or fewer units and cottage developments.

6. Applications that require Minimum Development Standards Review or Site Plan Review.

7. Properties located in the Central Business District (CB). See BDC 2.2.800, Development and Design Standards for the Central Business Zoning District.

8. Properties located in the Water Overlay Zone (WOZ). See BDC 2.7.650, Deschutes River Corridor Design Review Combining Zone.

9. Existing buildings located in the Bend Central District (BCD) if the exterior alterations result in no more than 50 percent net reduction in ground-floor transparency/glazing on the street facing façade or the proposed ground-floor transparency/glazing is equal to or greater than the minimum required by BDC 2.7.3240, Design Standards.

1. Provide rules, regulations and standards governing the review and approval of subdivisions, partitions, replats, property line adjustments, expedited land divisions and middle housing land divisions;

2. Carry out the City’s development pattern, as envisioned by the Bend Comprehensive Plan;

3. Encourage efficient use of land resources, full utilization of urban services, and transportation options;

4. Promote the public health, safety and general welfare through orderly and efficient urbanization;

5. Reduce or avoid traffic congestion, and secure safety from fire, flood, pollution and other dangers;

6. Provide adequate light and air, prevent overcrowding of land, provide open space opportunities, and facilitate adequate provision for transportation, water supply, sewage and drainage;

7. Encourage the conservation of energy resources; and

8. Support homeownership by allowing lots or parcels with middle housing to divide so that the dwelling unit is on its own lot or parcel.

1. General Information Required.

2. Existing Conditions. Information concerning existing on-site conditions and conditions within 150 feet of all property included in the proposed subdivision, partition or replat:

3. Information Concerning Proposed Subdivision, Partition or Replat.

4. Future Subdivision. Where a tract is proposed to be divided into parcels, lots, or units of land of an acre or more, the Review Authority may require an arrangement of parcels, lots, units of land and streets such as to permit future subdivision in conformity to the street requirements and other requirements contained in this code.

5. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in subsection (E) of this section, Criteria for Subdivision, Partition or Replat Approval.

6. Tree Preservation Plan. The tree preservation requirements in conformance with BDC 3.2.200, Tree Preservation.

7. Street Trees and Landscaping in Planter Strips Plan. For residential land divisions, a street tree and planter strip landscaping plan demonstrating compliance with BDC 3.2.400, Street Trees and Planter Strip Landscaping.

1. Overall tentative plan, including phase or unit sequence, and the schedule for initiation of improvements and projected completion date.

2. Overall facility development phasing plan, including transportation and utility facilities plans that specify the traffic pattern plan for motor vehicles, bicycles, and pedestrians, water system plans, sewer system plans and utility plans.

3. Development and phasing plans for any common elements or facilities.

4. Plan of development pattern for streets and access corridors for adjoining lands as required by the Review Authority.

1. The proposal provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, and other natural and historic resources to the maximum degree practicable.

2. The proposal allows for the development of adjacent property in accordance with the provisions of this code.

3. The proposal meets all standards and requirements of this code.

4. All required public facilities have adequate capacity, as determined by the City, to serve the proposed subdivision, partition or replat.

5. The proposal contributes to the orderly development of the Bend area transportation network of roads, access corridors, and pedestrian facilities, and allows for continuation and expansion of existing public access easements within or adjacent to the subdivision, partition or replat.

6. Each lot, parcel, or designated unit of land is suited for its intended use.

7. That the placement of utilities is in accordance with the adopted City standards.

8. The proposal meets the requirements of the Fire Code, adopted flood protection standards, and other adopted standards intended to protect against natural hazards.

9. The proposal is in compliance with any applicable approved master plan, master facilities plan, refinement plan, area plan and/or special planned district.

10. The proposal complies with the standards of the zoning district in which the project is located and the standards of the zoning district that implements the Bend Comprehensive Plan designation of the subject property.

11. The proposal complies with BDC Chapter 4.7, Transportation Analysis.

12. The proposal complies with BC Title 15, Sewer.

1. In the approval of a land partition, the Review Authority may require as a condition of approval any improvements that may be required for a subdivision under the provisions of this code. All roads in partitions shall be dedicated to the public without reservation or restriction.

2. Easement Access. The Review Authority may require the applicant to improve an easement access serving two or more parcels according to the City’s street standards.

1. Name of subdivision or partition.

2. Name of owner, applicant, and engineer or surveyor.

3. The date, scale, north point, legend, controlling topography such as bluffs, creeks and other bodies of water, and existing highways and railroads.

4. Legal description of the tract boundaries.

5. Reference points of existing surveys, identified, related to the plat by distances and bearings, and reference to a field book or map as follows:

6. Tract boundary lines, and street rights-of-way and centerlines, with dimensions, bearing or deflecting angles, radii, arcs, points of curvature and tangent bearings. Normal high water lines for any river, creek, or other body of water. Tract boundaries and street bearings shall be shown to the nearest 0.01 feet. No ditto marks shall be used.

7. The width of the streets being dedicated and the curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated together with the long chord distance and bearing.

8. Easements shall be noted by short dashed lines, clearly identified and, if already of record, their recorded reference. If an easement is not of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificates of dedication.

9. Lot and parcel numbers beginning with the number “1” and numbered consecutively.

10. Public lands, including strips and easements, shall be clearly marked to distinguish it from lots intended for sale.

11. Limitations on rights of access to and from streets, lots, and other parcels of land.

12. The area of each lot, parcel or unit of land, if larger than one acre, to the nearest hundredth of an acre; and the area of each lot, parcel or unit of land less than one acre, to the nearest square foot.

13. Appropriate space for all signatures as specified by the Deschutes County Surveyor shall be included on the final plat.

1. Title Report. A preliminary title or subdivision guarantee report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the premises; such report shall show evidence of a clear and marketable title and shall have been prepared within 30 days prior to submitting the final plat for review.

2. Survey Closure Sheets. A copy of the surveyor’s survey closure sheets.

3. Deed Restrictions. A copy of any deed restrictions applicable to the subdivision, partition or replat.

4. Homeowners Association. A copy of any homeowners association agreements proposed or required for the subdivision.

5. Dedications. A copy of any dedication requiring separate documents with specific reference to parks, playgrounds, etc.

6. Taxes. A list of all taxes and assessments on the tract which have become a lien on the land subdivided or partitioned.

1. The subdivision, partition or replat as shown is substantially the same as it appeared on the approved tentative plan, and all conditions of tentative plan approval have been or will be met.

2. That the final plat contains the following elements:

3. That the developer has either constructed and had accepted by the City the required improvements or the developer has filed with the City a financial security acceptable to the Community Development Director in accordance with subsection (J) of this section in lieu of constructing the improvements.

1. The applicant must submit the approved final plat with the Deschutes County Clerk for recordation.

2. The applicant must provide exact copies of the recorded plat to the City Engineer and City Planning Division.

3. The plat will not be in effect until it has been recorded with the Deschutes County Clerk.

1. In lieu of completion of the required improvements, the developer may request the City approve a financial security between the developer and the City guaranteeing the construction of the required improvements and specifying the schedule by which the required improvements shall be completed. The acceptance of financial security in lieu of construction is at the discretion of the Community Development Director. To assure the construction of the required improvements, the developer shall provide one of the following:

2. The financial security shall be for 120 percent of the cost of the improvements and repairs as determined by the City.

3. If the developer fails to carry out the provisions of the agreement, the City shall call upon the bond, or letter of credit or cash deposit or other financial security, to finance any cost or expenses resulting from said failure. If the amount of the deposit, letter of credit or bond or other financial security exceeds the cost and expense incurred by completing the improvements, the City shall release the remainder. If the amount of the deposit, letter of credit or bond or other financial security is less than the cost and expense incurred by the City for the improvements and repairs, the developer shall be liable to the City for the difference.

1. Minor Replat. An application for a minor replat will be required when any of the following apply:

2. Major Replat. An application for a major replat will be required when any of the following apply:

3. The relocation of a common boundary line between two lots/parcels within a recorded subdivision or partition is not considered a replat. A property line adjustment may occur in a platted subdivision or partition as provided for in BDC 4.3.600, Property Line Adjustments.

1. Minor Replat. A minor replat tentative plan is processed as a Type I application.

2. Major Replat. A major replat tentative plan is processed as a Type II application.

1. Minor Replat. No application for a minor replat shall be approved unless the criteria in BDC 4.3.600(C), Criteria for Tentative Approval, are met.

2. Major Replat. The Review Authority shall not approve a tentative plan for a proposed major replat unless the Review Authority finds that the replat will satisfy the criteria of approval in BDC 4.3.300(E), Criteria for Subdivision, Partition or Major Replat Approval.

1. The words “Minor Replat” must be shown in the title block of a minor replat and the words “Major Replat” must be shown in the title block of a major replat;

2. The name or reference number of the previous plat, if applicable, and any additional recording information must be retained in the title of the replat;

3. Blocks, lots/parcels and portions thereof which are being replatted must be identified where applicable;

4. Original plat information being deleted, abandoned or changed by the replat must be shown lightly sketched or dotted on the tentative replat with a note of explanation. [Ord. NS-2541, 2025; Ord. NS-2150, 2010; Ord. NS-2016, 2006]

1. The relocation or elimination of a common property line between abutting properties may be granted in accordance with the provisions of this section. The property line adjustment provisions of this section shall not apply to:

1. Property line adjustments shall be processed as Type I applications in accordance with BDC 4.1.300.

2. Any person proposing a property line adjustment shall prepare and submit an application in accordance with the prescribed procedures and the appropriate filing fee, to the Planning Division.

3. An application for a property line adjustment must be accompanied by the following materials:

1. No application for property line adjustment shall be approved unless the following criteria are met:

1. In order to obtain final approval of a property line adjustment, the following requirements shall be completed within one year of the tentative approval:

1. Expedited Land Divisions. An expedited land division may be submitted when it complies with the following:

2. Middle Housing Land Divisions.

3. Within the same calendar year that a partition (original) is recorded with Deschutes County, one of the resulting vacant parcels may be further divided into not more than three parcels through a middle housing land division; provided, that:

4. An expedited land division and middle housing land division as described in this section is not a land use decision or a limited land use decision under ORS 197.015.

1. Completeness Review.

2. Notice of Application.

3. Any person may comment in writing within 14 days from the date notice was mailed.

4. Decisions are made by the Community Development Director following public notice and an opportunity for parties to comment but without a public hearing.

5. The City must issue the administrative decision on the application within 63 days of receiving a completed application.

6. The Community Development Director’s decision must be based on applicable requirements of the BDC. An approval may include conditions to ensure that the application meets applicable land use regulations.

7. Notice of the decision must be provided to the applicant and to those who received notice under subsection (B)(2)(a) of this section within 63 days of the date of a completed application. The notice of decision must include:

8. Failure to Approve or Deny Application Within Specified Time.

9. A decision may be appealed within 14 days of the mailing of the decision notice by the applicant or a person or organization who files written comments within the time period described in subsection (B)(3) of this section. The appeal must include the appeal application and a $300.00 deposit for costs.

10. An appeal must be based solely on one or more of the allegations:

11. The City must appoint a Hearings Officer to decide the appeal decision and the appointed Hearings Officer must comply with ORS 197.375(3) through (6) when issuing a decision.

1. Expedited Land Division Submittal Requirements. An application for an expedited land division must submit the items listed in BDC 4.3.300(B) and a letter or narrative report documenting compliance with the applicable approval criteria contained in subsection (D)(1) of this section, Expedited Land Division Approval Criteria.

2. Middle Housing Land Division Submittal Requirements. An application for a middle housing land division must include the following:

1. Expedited Land Division Approval Criteria. The applicant for an expedited land division must demonstrate that the application meets the criteria of BDC 4.3.300(E) and the following:

2. Middle Housing Land Division Approval Criteria. The applicant for a middle housing land division must demonstrate that the application meets all of the following criteria:

1. The following conditions of approval are required for a middle housing land division:

2. The City must not attach conditions of approval that a resulting lot or parcel requires driveways, vehicle access, parking, or minimum or maximum street frontage.

1. Expedited Land Division Final Plat. Approval of a final plat for an expedited land is subject to BDC 4.3.400, Final Plat.

2. Middle Housing Land Division Final Plat.

1. The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2. Any negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval that include but are not limited to those listed in subsection (C) of this section; and

3. All required public facilities have adequate capacity, as determined by the City, to serve the proposed use.

1. Limiting the hours, days, place and/or manner of operation;

2. Requiring site or architectural design features that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3. Requiring larger setback areas, lot area, and/or lot depth or width than those required in this Development Code;

4. Limiting the building height, size or lot coverage, and/or location on the site;

5. Designating the size, number, location and/or design of vehicle access points or parking areas;

6. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved, so long as findings in the development approval indicate how the dedication and/or improvements, if not voluntarily accepted by the applicant, are roughly proportional to the impact of the proposed development;

7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8. Limiting the number, size, location, height and/or lighting of signs;

9. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

11. Requiring and designating the size, height, location and/or materials for fences;

12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

13. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with adopted plans, so long as findings in the development approval indicate how the dedication and/or construction, if not voluntarily accepted by the applicant, is roughly proportional to the impact of the proposed development. Dedication of land and design and construction shall conform to the provisions of BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

1. Conditional Use Criteria for a Hydroelectric Facility. A Conditional Use Permit may be granted for the construction or expansion of, or other modification to, a hydroelectric facility only upon findings by the Hearings Body that the proposal meets each of the following criteria, where applicable:

1. Density transfers may be permitted as part of a major community master plan 20 acres or larger, or as part of a major employment or major institutional master plan in an opportunity area that is 20 acres or larger; however, the density must comply with the density standards in BDC 4.5.200(E)(3);

2. Uses in the zoning district may be modified and may prohibit uses or include uses not permitted when consistent with the Bend Comprehensive Plan designation’s characteristics; and

3. Private recreational facilities and private open space areas in compliance with BDC 4.5.200(E)(4) are permitted as part of a community master plan.

1. Existing Conditions Submittal Requirements.

2. Proposed Master Plan Submittal Requirements.

1. The following modifications to a master plan, area plan, PUD or special planned district may be approved with a land division or with an application in compliance with BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review, and Design Review, unless the Community Development Director elevates the application to the Planning Commission for hearing as a Type III application.

2. In no case will a modification under subsections (F)(1)(a) through (f) of this section be approved that causes a minor master plan that was approved without any deviations to this code to fail to meet a minimum or maximum standard as set in this code.

3. All other changes require a modification in conformance with BDC 4.1.1325, Modification of Approval.

1. The requirements in BDC 3.2.200, Tree Preservation, cannot be modified by a master plan application or by a modification of a master plan.

2. The requirements in BDC 3.2.200, Tree Preservation, must be submitted and reviewed with a subsequent land division and/or site plan review application.

3. Master plan applications may propose tree preservation in open space areas to meet the requirements of BDC 3.2.200, Tree Preservation, on a community-wide basis. [Ord. NS-2541, 2025; Ord. NS-2503, 2024; Ord. NS-2445, 2022; Ord. NS-2434, 2022; Ord. NS-2405, 2021; Ord. NS-2303, 2018; Ord. NS-2289, 2017]

1. Community master plans in conformance with this section may be submitted for any property or combination of properties three acres or larger in size.

2. Community master plans are required for any property or combination of adjacent properties under common ownership totaling 20 acres or larger unless exempted below.

1. Needed Housing. If the community master plan includes needed housing as defined by State statutes, the written narrative submitted with the community master plan application must clearly state whether the applicant is electing to use a process with clear and objective standards (minor master plan) or is electing to use a deviation process with changes proposed to one or more of the Bend Development Code standards and/or zoning district requirements and/or with changes proposed to the Bend Comprehensive Plan Map designations and/or zoning (major master plan).

2. Minor Community Master Plans. Minor community master plans are processed as follows: