Chapter 3.5
OTHER DESIGN STANDARDS

Sections:

3.5.100    Density Transfers.

3.5.200    Outdoor Lighting Standards.

3.5.400    Solar Standards.

3.5.500    Solar Access Permits.

3.5.100 Density Transfers.

A.    Purpose. The purpose of this section is to implement the Comprehensive Plan and encourage the protection of sensitive lands through the allowance of housing density transfers. Density transfers are the authorized transfer of allowed housing units (per BDC Title 2) from one portion of a property to another portion of the same property, or from one property to another contiguous property.

B.    Determination of Allowable Housing Units. The number of allowed housing units on a property is based on the surface area of the property (in acres) times the maximum allowed housing density in BDC Title 2.

C.    Density Transfer Authorized. Allowed housing units may be transferred from one portion of a property to another portion of the same property, or from one property to another contiguous property. The density transfer shall protect sensitive land areas as listed below either by dedication to the public or a land trust, or by a nonrevocable conservation easement. Sensitive land areas include:

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 significant trees as defined in BDC Chapter 3.2.

A density transfer shall not be approved unless it meets one or both of the criteria below and it also conforms to subsections (D) and (E) of this section.

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-family and multifamily housing on the same property or development site.

D.    Prohibited Density Transfers. Density shall not be transferred from land proposed for street right-of-way, stormwater detention facilities, private streets, and similar areas that the Planning Director determines do not provide open space or recreational values to the public.

E.    Density Transfer Rules. All density transfers shall conform to all of the following rules:

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-2016, 2006]

3.5.200 Outdoor Lighting Standards.

A.    Intent. It is the intent of this section to allow citizens, businesses, and public agencies in Bend to illuminate residential, commercial, industrial, and public areas, roadways and walkways with lighting fixtures appropriate to the need while using such illumination in a way that preserves urban vistas and is directed onto and is confined to the property from which it is generated.

B.    Outdoor Lighting Fixtures Subject to This Section. Light fixtures subject to the standards in subsection (C) of this section are outdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting, general illumination or advertisement. Such devices shall include, but are not limited to, lights for:

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.

C.    Standards for Installation and Operation of Outdoor Lighting. Except as exempt by subsection (D) of this section, new outdoor lighting fixtures installed after February 18, 2004, shall be subject to the standards below. No provision of this section is intended to preempt BC Chapter 9.50, Signs, or applicable State codes.

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.

D.    Exemptions. The following light fixtures or uses are exempt from complying with the outdoor lighting standards of this section. These exemptions shall not prevent the City from adoption of later ordinances that may address the retrofitting or removal of outdoor lighting fixtures.

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.

E.    Violations and Penalties. For any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve or convert any lighting fixture, or cause the same to be done, contrary to or in violation of any provision of this section shall constitute a violation and is subject to enforcement under the provisions of BDC Chapter 1.3, Enforcement. Each day a lighting fixture is in violation of this section shall constitute a separate violation.

F.    Definitions. The following definitions apply to terms in this section:

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]

3.5.400 Solar Standards.

A.    Purpose. Solar standards are utilized to create lot divisions, layouts and building configurations to help preserve access to sunlight to one- and two-family dwellings.

B.    Solar Lot Standards.

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 shall have a minimum north-south lot dimension of 80 feet or more.

3.    Exceptions to the Solar Lot Requirements. A proposed subdivision shall qualify for an exception to subsection (B)(2) of this section if one or more of the following development constraints are present:

a.    Compliance with applicable street standards or public street plans requires a street configuration that prevents the lot from being oriented for solar access.

b.    An existing public easement or right-of-way prevents the lot from being oriented for solar access.

c.    There is a significant natural feature on the site that will continue to exist after the site is developed, and that prevents the lot from being oriented for solar access.

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

a.    Slopes. The lot has an average slope of 15 percent or more in a direction greater than 45 degrees east or west of true south.

b.    Existing Off-Site Shade. The lot is within the shadow pattern of off-site features, such as but not limited to buildings, topography, or coniferous trees or broadleaf evergreens, which will remain after development occurs on the site from which the shade is originating.

i.    Shade from existing or approved off-site buildings or structures and from topographic features is assumed to remain after development of the site.

ii.    Shade from vacant developable areas off site is assumed to be the shadow pattern that would result from the largest building allowed at the closest setback allowed on adjoining land, whether or not that building now exists.

iii.    Shade from coniferous trees or broadleaf evergreens is assumed to remain after development of the site if that vegetation is situated in a required setback; or part of a developed area, public park, or legally reserved open space; or part of landscaping or other features required pursuant to this code.

c.    Existing On-Site Shade. The site, or portion of the site for which the exemption is sought, complies with at least one of the following:

i.    The site is within the shadow pattern of on-site features such as, but not limited to, buildings and topography which will remain after the development occurs.

ii.    The site contains coniferous trees or broadleaf evergreens at least 30 feet tall and more than eight inches in diameter measured four feet above the ground which have a crown cover over at least 80 percent of the site or relevant portion. The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption shall be approved subject to the condition that the applicant shall preserve at least 50 percent of the nonsolar friendly vegetation that causes the shade that warrants the exemption. The applicant shall file a note on the plat or documents in the office of the County Recorder binding the applicant to comply with this requirement.

d.    Housing Mix. The lot is designated for a housing type other than single-family detached dwellings in a proposed subdivision that identifies at least 10 percent of the lots for a housing type other than single-family detached dwellings.

C.    Solar Setback Standards.

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 shall 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 shall 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.

a.    Solar Setback for RS Zone. The solar setback of the shade point shall be greater than or equal to the following formula:

SSB =

(2.5 X SPH) + (N divided by 2) – 85

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 three 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 shall be 90 feet.

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

Table 3.5.400.A

Solar Setback from Northern Lot Line for RS Zone [SSB] 

(All figures are in feet.)*

Shade Point Height* [SPH]

North-South Lot Dimension

90 feet [N]

85 feet [N]

80 feet [N]

18 feet

5

2.5

0

20 feet

10

7.5

5

22 feet

15

12.5

10

24 feet

20

17.5

15

26 feet

25

22.5

20

28 feet

30

27.5

25

30 feet

35

32.5

30

*    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.

b.    Solar Setback for RM Zone. The solar setback of the shade point shall 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 shall be 90 feet.

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

Table 3.5.400.B

Solar Setback from Northern Lot Line for RM Zone [SSB] 

(All figures are in feet.)*

Shade Point Height* [SPH]

North-South Lot Dimension

90 feet [N]

85 feet [N]

80 feet [N]

24 feet

5

2.5

0

26 feet

10

7.5

5

28 feet

15

12.5

10

30 feet

20

17.5

15

32 feet

25

22.5

20

34 feet

30

27.5

25

36 feet

35

32.5

30

*    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.

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:

a.    Slopes. The lot on which the building is located has an average slope of 15 percent or more in a direction greater than 45 degrees east or west of true north.

b.    Existing Shade. The building will shade an area that is already completely shaded by one or more of the following:

i.    An existing or approved building or structure.

ii.    A topographic feature.

iii.    Coniferous trees or broadleaf evergreens that will remain after development of the site.

c.    Insignificant Benefit. The building will shade one or more of the following:

i.    A nondevelopable area, such as designated open space, a public utility easement, street or alley.

ii.    The wall of an unheated space, such as a garage, excluding solar greenhouses and other similar solar structures.

iii.    The wall of a nonresidential structure.

iv.    No more than 20 percent of a south wall of an existing habitable dwelling.

d.    Master Planned Development Exemption. The lot is identified as being exempt from solar setback provisions through an approved Master Planned Development application where one or more of the following exists:

i.    The lot has been identified as being exempt from solar setback standards.

ii.    The proposed building locations and heights were approved. [Ord. NS-2137, 2009; Ord. NS-2016, 2006]

3.5.500 Solar Access Permits.

A.    Purpose. The purpose of this section is to provide and preserve solar access to productive solar collectors by establishing limitations for growth of vegetation on certain lots in the vicinity of a productive solar collector.

B.    Applicability. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner’s real property.

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

a.    A legal description of the applicant’s lot, including proof of ownership;

b.    Documentation to show that the solar collector is or will be a productive solar collector within six months of the application date;

c.    Descriptive drawings of the solar collector showing dimensions and location;

d.    A sun chart and statement of the solar heating hours for which solar access is sought;

e.    A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot;

f.    A statement that trimming the vegetation on the applicant’s lot will not permit an alternative location that would lessen the burden on a neighboring lot;

g.    A list of all lots that are within 150 feet to the south, southeast, and southwest of the solar collector, including for each such lot the legal description; the owner of record and address; the exempt vegetation located on the lot; and any existing nonexempt vegetation likely to encroach on the protected area;

h.    A statement that none of the lots impacted are located on a north facing slope with a grade that exceeds, on average, 15 percent.

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

a.    The location of and delineating all exempt and nonexempt vegetation as shown on the sun chart photograph as well as any nonexempt vegetation not shown on the sun chart which may encroach on the protected area in the future;

b.    The exact site of the solar collector, its height and orientation;

c.    An indication of true north;

d.    A survey of the lot.

3.    Approval Criteria.

a.    The solar collector is or will be a productive solar collector. For the purposes of this section, productive solar collector means a solar collector that provides no less than 10 percent of a building’s total energy requirements or 50 percent of a building’s annual water heating requirements.

b.    The protected area to be created by the solar access permit is reasonably located.

c.    The applicant requests solar heating hours no greater than two hours before and after the solar zenith from September 22 to March 21, and three hours before and after the solar zenith from March 22 to September 21.

d.    The solar access provided by the permit would not burden any lot with a north facing slope with an average grade of 15 percent or greater or which is more than 150 feet from the solar collector.

An applicant shall be denied if the applicant could trim vegetation on the subject property to permit an alternate location that would be less burdensome upon a neighboring lot.

C.    Solar Access Permit Issuance and Recordation.

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:

a.    A legal description of the applicant’s lot and each neighboring lot to be burdened by the solar access created by the solar access permit;

b.    A complete description of the solar access restrictions applicable to each neighboring lot, including the solar heating hours during which solar access is provided, and a sun chart showing the platted skyline, including vegetation and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south;

c.    A reference to where the approved application may be obtained.

D.    Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit shall trim any nonexempt vegetation on a burdened lot that shades the protected area created by the solar access permit; provided, that there is no vegetation on the lot benefited by the solar access permit that also shades the protected area. Before any trimming is required, the permit holder must certify that the solar collector is still productive.

E.    Termination of Solar Access Permit.

1.    The Development Services 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-2251, 2015; Ord. NS-2137, 2009; Ord. NS-2016, 2006]