Chapter 1.1


1.1.100    Severability.

1.1.200    Compliance and Scope.

1.1.300    Consistency with Plan and Laws.

1.1.400    Use of a Development.

1.1.500    Preexisting Approvals.

1.1.600    Building Permit and Certificate of Occupancy.

1.1.700    Official Action.

1.1.800    Fees Required.

1.1.900    Miscellaneous Provisions.

1.1.100 Severability.

The provisions of this title are severable. If any section, sentence, clause or phrase of this title is adjudged invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of this title. [Ord. NS-2016, 2006]

1.1.200 Compliance and Scope.

A.    Compliance with the Provisions in the Development Code. Land and structures may be used, developed by construction, reconstruction, alteration, occupancy, and use, or otherwise, only as this Development Code (“code”) or any amendment thereto permits. No plat shall be recorded or no permit shall be issued without compliance with the provisions of this code.

B.    Obligation by Successor. The requirements of this code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.

C.    Most Restrictive Regulations Apply. Where this code contains conflicting standards, or imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern.

D.    Variances. Variances shall be governed by the provisions of BDC Chapter 5.1.

E.    Transfer of Development Standards Prohibited. No lot area, yard or other open space or off-street parking or loading area which is required by this code for one use shall be a required lot area, yard or other open space or off-street parking or loading area for another use, except as otherwise specifically allowed by this code. [Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1.1.300 Consistency with Plan and Laws.

Each development and use application and other procedure initiated under this code shall be consistent with the adopted Comprehensive Plan of the City of Bend as implemented by this code, all applicable local ordinances, State and Federal laws and regulations. All provisions of this code shall be construed in conformity with the adopted Bend Comprehensive Plan.

This code is intended to promote health, safety, welfare and economy by coordinating the complex relationships between people, land, resources and facilities to meet the future needs of the citizens and to protect the livability of the community. [Ord. NS-2271, 2016; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1.1.400 Use of a Development.

A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this code, including nonconforming uses subject to BDC Chapter 5.2, and is not prohibited by law. [Ord. NS-2016, 2006]

1.1.500 Preexisting Approvals.

A.    Legality of Preexisting Approvals. Developments, including subdivisions, projects requiring development review or site design review approval, or other development applications for which applications were filed prior to the effective date of the ordinance codified in this code, and which have not legally expired, may occur pursuant to such approvals; except that modifications to development approvals shall comply with BDC 4.1.1325, Modification of Approval. All conditions of preexisting approvals shall apply.

B.    Subsequent Development Applications. All development proposals and applications received by the Development Services Director after the adoption of this code shall be subject to review for conformance with the standards under this code or as otherwise provided by State law.

C.    Duration of Exemption from Subsequently Adopted Land Use Ordinance. For the purposes of ORS 92.040(2) and (3), after September 9, 1995, construction within an approved subdivision shall be subject to the land use laws that were in effect on the date of the subdivision application and shall not be subject to subsequently adopted land use laws. This exemption from subsequently adopted local land use laws shall terminate three years from the date the local land use decision becomes final unless the subdivision was approved as a Master Planned Development with adopted lot development standards. [Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1.1.600 Building Permit and Certificate of Occupancy.

A.    Building Permit. A building permit shall not be issued until a development permit has been issued in accordance with the provisions of BDC 4.1.900, or the Development Services Director has otherwise found that a development permit is not required.

B.    Certificate of Occupancy Required. To ensure completion of a development or use in the manner approved, a development shall not be occupied and a use shall not begin until the Building Official has issued a certificate of occupancy following completion of the work in substantial conformance to the applicable land use and building permits.

C.    Prior to Final Completion. Prior to the final completion of all work, a temporary certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. [Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1.1.700 Official Action.

A.    Official Action. All officials, departments, and employees including contractor-officials of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this code, and shall issue no permit or grant approval for any development or use, which violates or fails to comply with conditions or standards imposed to carry out this code.

B.    Severability. Any permit or approval issued or granted in conflict with the provisions of this code shall be void.

C.    Notice. The failure of any person to receive mailed notice or failure to post a notice shall not invalidate any actions pursuant to this code. [Ord. NS-2016, 2006]

1.1.800 Fees Required.

The City’s fees are established by the City Council in the adopted Fees Resolution. Fees shall be required for all applications, appeals and services. Payment of fees shall be made at the time of filing by cash, check, money order, credit card, or other acceptable methods as identified in the adopted Fees Resolution, except that local governmental agencies may supply a purchase order at the time of filing. [Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1.1.900 Miscellaneous Provisions.

A.    Intergovernmental Agreements. Outside the City limits where authorized by an intergovernmental agreement, the functions of the Development Services Director and City Review Authority identified herein will be defined in accordance with the respective intergovernmental agreements.

B.    Purpose statements for each chapter are descriptive of the chapter’s characteristics and intent and are drawn from the Bend Comprehensive Plan and/or the Bend Development Code. Purpose statements are informational and not standards or approval criteria. [Ord. NS-2289, 2017; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]