Chapter 3.6
SPECIAL STANDARDS AND REGULATIONS FOR CERTAIN USES Revised 10/18 Revised 1/19

Sections:

3.6.100    Purpose.

3.6.200    Residential Uses. Revised 10/18 Revised 1/19

3.6.300    Nonresidential Uses.

3.6.400    Temporary Uses.

3.6.500    Short-Term Rentals. Revised 10/18

3.6.100 Purpose.

This chapter supplements the standards contained in this code. It provides standards for certain land uses in order to control the size, scale and compatibility of those uses within all the zoning districts. [Ord. NS-2016, 2006]

3.6.200 Residential Uses. Revised 10/18 Revised 1/19

This section supplements the standards contained in BDC Title 2 and provides standards for the following land uses in order to control the size, scale and compatibility of those uses within the applicable zone.

A.    Courtyard Housing. Detached “zero lot line” houses on individual lots are subject to the same standards as single-family detached housing, except that the three-foot minimum side yard setback is required on one side of a typical lot. As shown in Figure 3.6.200.A, this type of housing is permitted to allow development on smaller (i.e., narrower) lots and still provide usable outdoor living area in side-oriented courtyards. The following standards are intended to promote compatibility and privacy between adjacent buildings and allow for building maintenance:

1.    Setbacks Adjacent to Non-Zero Lot Line Development. When a zero lot line house shares a side property line with a non-zero lot line development (including vacant lots), the zero lot line building shall be set back from the common property line by a minimum of seven feet;

2.    Construction and Maintenance Easement. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero lot line house that guarantees rights for the purpose of construction and maintenance of structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot;

3.    Buffering. The building placement, landscaping, and/or design of windows shall provide a buffer for the occupants of abutting “zero lot line” lots. For example, this standard is met by placing ground-floor windows (along the zero setback) where views are directed into adjacent yards, or by directing views away from yards (e.g., bay window), or by using frosted glass or other window covering that obscures any view to the interior but allows light into the interior. This standard does not apply to adjoining non-zero lot line lots.

Figure 3.6.200.A – Courtyard Housing

B.    Accessory Dwelling Unit (ADU). An accessory dwelling unit (ADU) is a small dwelling unit on a property that contains a single-family dwelling unit as the primary use. The ADU may be attached, detached, or within a portion of an existing dwelling unit. The maximum density standards do not apply to ADUs, due to their small size and low occupancy. The standards of this section are intended to control the size, scale and number of ADUs on individual properties to promote compatibility with adjacent land uses. ADUs must comply with the following standards in addition to the standards of the applicable zoning district:

1.    Permitted ADU. An ADU may only be permitted on a lot or parcel with a single-family detached dwelling, a single-family attached townhome, or a manufactured home.

2.    Number of ADUs. A maximum of one ADU is allowed per lot or parcel.

3.    ADU Size.

a.    An ADU on a property that is 6,000 square feet or less must not exceed 600 square feet of floor area.

b.    An ADU on a property that is greater than 6,000 square feet must not exceed 800 square feet of floor area.

c.    For purposes of measuring the ADU size in this subsection, floor area means the area measured in feet included inside the exterior surrounding walls of horizontal decked space intended to be a floored surface contained within the building or portion thereof, exclusive of vent shafts, and courts and basements. When calculating floor area, stairs are counted twice.

d.    Exception to ADU Size.

i.    Accessory structures attached to an ADU do not count towards the maximum floor area if they are not accessible from the interior of the ADU or if the accessory structure provides at least one allocated parking space for the ADU.

4.    Floor Area Ratio. The FAR as defined in BDC Chapter 1.2, Definitions, must not exceed 0.60 for all buildings on site, cumulatively.

a.    Exemptions to FAR.

i.    Accessory structures less than 10 feet in height and 200 square feet in area.

ii.    FAR does not apply to a property when the ADU is proposed to be located in a structure legally constructed prior to April 1, 2016.

iii.    Property not designated residential in the Bend Comprehensive Plan.

5.    Building Height. A detached ADU must not exceed 25 feet in height. In order to consider the ADU to be attached to the primary dwelling unit, it must be attached by one of the following options as illustrated in Figure 3.6.200.B. The shared or attached wall must be the wall of an enclosed interior space, and does not include porches, patios, decks or stoops.

a.    The ADU must share a common wall for at least 25 percent of the length of the primary dwelling unit; or

b.    The entire length of one elevation of the ADU must be attached to the primary dwelling unit.

Figure 3.6.200.B

    Exemption to Building Height. The building height does not apply when the ADU is proposed to be located in a structure legally constructed prior to April 1, 2016.

6.    Parking. One parking space must be provided on site for the ADU in addition to the parking required for the primary dwelling unit. Required parking spaces for the ADU and primary dwelling unit may be provided in tandem on a driveway.

7.    Design Standards. A second story ADU over 600 square feet, abutting a SR 2 1/2, RL or RS property with a residential development, must comply with the following:

a.    Exterior doorways and outdoor living spaces (e.g., balconies or decks) on the second story and exterior staircases must not be located in a side or rear yard abutting a SR 2 1/2, RL or RS property with a residential development unless they are set back a minimum of 10 feet from the side or rear property line.

8.    Detached ADUs. A detached ADU must be a minimum of six feet apart from the primary single-family dwelling unit as measured between their building footprints, unless exempted below.

a.    Exemption. Does not apply when the primary single-family dwelling unit was legally constructed prior to April 1, 2016, and the ADU is proposed to be located in a detached structure legally constructed prior to April 1, 2016.

9.    Process. ADUs are subject to BDC 4.2.400, Minimum Development Standards Review.

C.    Affordable Housing Strategies. The City of Bend provides an incentive program to developers to assist in the development of affordable housing.

1.    For the purposes of the incentive program, the City defines affordable housing as housing with a sales price or rental amount that is within the means of a household that may occupy moderate- and low-income housing, meeting one of the thresholds defined in subsections (C)(1)(a) and (b) of this section.

a.    In the case of dwelling units for sale, “affordable” means housing in which the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of such gross annual household income for a family at 80 percent of the area median income, based upon most recent HUD income limits for the Bend Metropolitan Statistical Area (Bend MSA).

b.    In the case of dwelling units for rent, “affordable” means housing for which the rent and utilities constitute no more than 30 percent of such gross annual household income for a family at 60 percent of the area median income, based upon most recent HUD income limits for the Bend Metropolitan Statistical Area (Bend MSA).

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

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

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

a.    Density Bonus. A developer may be eligible for a density bonus when a percentage of the proposed dwelling units are affordable. The percentage of affordable units is based on the maximum number of dwelling units that would be allowed under the Comprehensive Plan designation for the subject site. The corresponding density bonus in Table 3.6.200.C is an increase in dwelling units over the maximum residential density that can be rented or sold as affordable units or at market rate.

    The maximum density must be calculated in compliance with BDC 2.1.600(C)(1). For purposes of calculating maximum density, fractional units are rounded down to the next whole unit. For purposes of calculating the number of affordable units and density bonus units, fractional units are rounded up to the next whole unit.

    For example, a 10,000 square foot lot designated RH is permitted nine units (maximum density is rounded down). Of the nine units, the developer proposes 20 percent of the units to be affordable (nine units * 20 percent = 1.8 units, which is rounded up to two units). Therefore, of the nine units, two must be affordable. Since the applicant is proposing 20 percent of the units as affordable, the developer may receive a corresponding density bonus of 20 percent (nine units * 20 percent = 1.8 units, which is rounded up to two additional units). Therefore, the proposed project may have eleven units, two of which must be affordable.

Table 3.6.200.C – Density Bonus

Percent of Affordable Units Based on Maximum Density

Density Bonus

5%

5%

10%

10%

20%

20%

30%

30%

40%

40%

50%

50 %

b.    Building Height Incentive. An increase in building height not to exceed 10 feet above the height of the underlying zone may be allowed for multifamily housing when the additional units gained by the height increase are affordable housing units.

c.    Lot Coverage Exception. For affordable housing developments where 50 percent or more of the dwelling units are deemed affordable in conformance with subsection (C)(1) of this section, the entire development may develop with a 50 percent lot coverage.

d.    Lot Area and Dimensions Exception. For affordable housing developments where 50 percent or more of the dwelling units are deemed affordable in conformance with subsection (C)(1) of this section, the required lot area and dimensions for the proposed lots or parcels may be reduced up to 20 percent for the entire residential development. For affordable housing developments where less than 50 percent of the dwelling units are deemed affordable in conformance with subsection (C)(1) of this section, the required lot area and dimensions for the proposed affordable housing dwelling units’ lots or parcels may be reduced up to 20 percent.

e.    Parking Requirement Reduction. The parking requirement for affordable dwelling units is one on-site parking space per affordable dwelling unit.

D.    Single-Family Attached Townhomes. Single-family attached housing (townhome units on individual lots) must comply with the standards in subsections (D)(1) through (4) of this section. The standards are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas.

1.    Building Mass Supplemental Standard. Within the RS and RM-10 Districts, the number and width of consecutively attached townhomes (i.e., with attached walls at property line) must not exceed four units. Within the RM and RH Districts the number and width of consecutively attached townhome units are not restricted. For purpose of this section, a “single-family attached townhome” means a dwelling unit, located on its own lot, sharing one or more common walls with one or more dwelling units. As shown in Figure 3.6.200.D.1 the common wall must be fully enclosed and shared for at least 25 percent of the length of each dwelling unit’s enclosed elevation, not including uncovered or open, covered porches, patios, decks or stoops. The common wall may be any wall of the dwelling unit, including the wall of an attached garage. As shown on Figure 3.6.200.D.2, attached single-family townhomes may have detached garages or ADUs that share a common wall between the two lots or parcels.

Figure 3.6.200.D.1

Figure 3.6.200.D.2

2.    Alley Access Developments. Townhome developments and subdivisions (four or more lots) must receive vehicle access only from a rear alley, except when existing development patterns or topography make construction of an alley impractical (see subsection (D)(3) of this section for standards for street access developments). Alley(s) must be created at the time of subdivision approval, in accordance with BDC Chapters 3.1, Lot, Parcel and Block Design, Access and Circulation, 3.4, Public Improvement Standards, and 4.3, Subdivisions, Partitions, Replats and Property Line Adjustments. As necessary, dedication of right-of-way or easements and construction of pathways between townhome lots (e.g., between building breaks) is required to implement the standards in BDC 3.1.300, Multi-Modal Access and Circulation.

3.    Street Access Developments. Townhomes receiving access directly from a public or private street must comply with the following standards, in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better stormwater management:

a.    Garage Door. The maximum combined garage door width facing the street is 50 percent of the total building width.

b.    Driveway Approaches. Townhomes may have a maximum of one driveway approach and must comply with the following:

i.    Townhomes with frontages on streets of different classifications must access the street with the lowest classification.

ii.    The total width of shared driveway approaches must not exceed 32 feet. When a driveway serves more than one lot, the developer must record an access and maintenance easement/agreement to benefit each lot, prior to building permit issuance.

iii.    Driveway approaches on local streets may be separated in compliance with the following:

(A)    Approaches must be separated by a minimum of seven feet; and

(B)    Approaches must not exceed 16 feet in width.

iv.    Clear vision standards do not apply between driveway approaches for townhomes on local streets. All other standards in BDC 3.1.500, Clear Vision Areas, apply.

v.    For lots or parcels abutting an alley, access may be required to be taken from the alley in accordance with BDC 3.1.400(F)(3).

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

E.    Manufactured Homes on Individual Lots. Manufactured homes are permitted on individual lots, subject to a building permit compliance with the following design standards, consistent with ORS 197.307(5). The following standards do not apply to units that existed on lots within the City prior to the effective date of the ordinance codified in this code.

1.    Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet;

2.    Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees);

3.    Residential Building Materials. The manufactured home shall have exterior siding and roofing which in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing);

4.    Garages and Carports. The manufactured home shall have a garage or carport constructed of like materials;

5.    Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturer certification shall not be required;

6.    Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, and complying with the minimum set-up standards of the adopted State Administrative Rules for Manufactured Dwellings. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the foundation skirt;

7.    Skirting. The foundation area of the manufactured home shall be fully skirted;

8.    Historic Districts. The manufactured home shall not be located in a designated historic district.

F.    Manufactured Home Subdivisions. Manufactured home subdivisions are reviewed as a Type II application for tentative plan approval. A manufactured home subdivision shall be subject to the provisions of BDC Chapter 4.3, Subdivisions, Partitions, Replats and Property Line Adjustments, in addition to the criteria below.

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

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

3.    Setbacks. Setbacks for manufactured homes, modular homes, and accessory structures shall be the same as provided in the underlying zone.

G.    Manufactured Home Parks. Manufactured home parks are reviewed as a Type II application for site plan review in conformance with ORS Chapter 446, the provisions of this title and the following criteria:

1.    Minimum Area Required. All manufactured home parks shall consist of a minimum area of five acres.

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

3.    Access. Manufactured home park accesses shall be located on public streets improved to a minimum width of 36 feet and which are improved to a point intersecting a collector or arterial street.

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

5.    Minimum Site Requirements.

a.    Park Streets. The minimum surfaced width of the roadway within an access way shall be 24 feet if there is no parking allowed and 30 feet if parking is allowed on both sides. The first 50 feet of the access way measured from the public street shall be surfaced to a minimum width of 30 feet and shall be connected to the existing public street according to plans approved by the City.

b.    Improvement Standards. The improvement of driveways, walkways, streets, drainage and other utilities shall conform to adopted State standards for such or shall conform to the City’s Standards and Specifications manual, whichever is more restrictive.

H.    Duplex and Triplex Development. Duplex and triplex development must comply with the following standards. The standards are intended to control development scale, and minimize impacts associated with compatibility.

1.    There must be a minimum of 15 percent of the site landscaped in conformance with BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls. Existing natural landscaping can count as part of the landscape requirement if protected and preserved during construction.

2.    Street trees must be planted in conformance with BDC 3.2.400, Street Trees.

3.    The applicant must provide usable open space or an exterior patio, balcony or deck consistent with the following:

Dwelling Units

Usable Open Space

Exterior Patio, Balcony or Deck

1 and 2 bedroom units

200 square feet per unit

100 square feet per unit

3 bedroom units or larger

300 square feet per unit

150 square feet per unit

a.    All usable open space areas that are comprised of lawn must be irrigated with an underground irrigation system.

b.     An exterior patio, balcony or deck to meet the requirements of this subsection will not be counted as part of the landscape requirement.

4.    Each unit must provide a minimum of 60 square feet of enclosed storage area for outdoor equipment, lawn chairs, barbecues, bicycles, etc. The storage area must be accessible from the exterior of the dwelling unit, have a minimum interior height of seven feet, and be no less than two feet in length in any direction. The storage area may be split into two areas as long as no area is less than 20 square feet and no dimension is less than two feet, except the height which is a minimum of seven feet. The storage area may be located in a garage; provided, that it does not interfere with required vehicle parking (nine feet by 20 feet). Storage must not be located within the setbacks.

5.    Each unit must provide an enclosure area for trash and recycling. This area is in addition to subsection (H)(4) of this section.

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

7.    Floor Area Ratio. In the RS District, the FAR as defined in BDC Chapter 1.2, Definitions, must not exceed 0.60 for all buildings on site, cumulatively.

a.    Exemptions to FAR.

i.    Accessory structures less than 10 feet in height and 200 square feet in area.

ii.    Duplexes or triplexes created by remodeling an existing single-family detached dwelling without expanding the existing floor area.

iii.    Lots created after January 18, 2019, that are not adjacent to existing RS designated properties.

8.    Driveway Approach. Duplexes may have a maximum of two driveway approaches and a triplex may have a maximum of three driveway approaches in compliance with the following:

a.    The total width of all driveway approaches must not exceed 32 feet per frontage. For lots or parcels with more than one frontage, see subsection (H)(8)(c) of this section.

b.    Driveway approaches may be separated when located on a local street. If approaches are separated, they must be separated by a minimum of seven feet.

c.    In addition, lots or parcels with more than one frontage must comply with the following:

i.    Lots or parcels must access the street with the lowest classification.

ii.    Lots or parcels with frontages only on collectors and/or arterial streets may have one driveway approach. The City Engineer will determine which frontage may have one driveway approach when lots or parcels only have frontages on collector streets or only on arterial streets.

iii.    Lots or parcels with frontages only on local streets must comply with the following:

(A)    Duplexes may have two driveway approaches not exceeding 32 feet in total width on one frontage or one maximum 16-foot-wide driveway approach per frontage.

(B)    Triplexes may have three driveway approaches not exceeding 32 feet in total width on one frontage or two driveway approaches not exceeding 32 feet in total width on one frontage and one maximum 16-foot-wide driveway approach on one other frontage.

d.    Clear vision standards do not apply between driveway approaches for duplexes and triplexes on local streets. All other standards in BDC 3.1.500, Clear Vision Areas, apply.

e.    For lots or parcels abutting an alley, access may be required to be taken from the alley in accordance with BDC 3.1.400(F)(3).

9.    Garage Door Standards.

a.    The maximum combined garage door width facing the street is 50 percent of the total building width.

b.    In addition to complying with the front setbacks for the respective zoning districts, the front of the garage or carport can be no closer to the front lot line than the longest street-facing wall of the dwelling unit that encloses livable space, except that:

i.    If there is a covered front porch, the garage or carport can extend up to five feet in front of the enclosed livable space, but no further than the front of the porch.

ii.    A garage or carport may extend up to 10 feet in front of the enclosed livable space if there is enclosed livable space or a covered balcony above at least a portion of the garage or carport.

c.    Exemptions to Garage Door Standards.

i.    Existing garages legally constructed prior to January 18, 2019.

ii.    When the side or rear wall of the garage faces the street, provided the standards of BDC 2.1.300(F)(6)(b)(ii) are met.

iii.    Lots created after January 18, 2019, that are not adjacent to existing residentially designated properties.

10.    Orientation Standards.

a.    At least one front door entrance to a dwelling unit must orientate to an abutting street or open to a porch covered by either a roof or living space. A covered walkway or breezeway is not a porch. If the main entrance is from a covered porch, the covered porch must:

i.    Meet a minimum area of 20 square feet;

ii.    Meet a minimum depth of four feet; and

iii.    Have an entry that faces a street.

For properties with more than one frontage, the applicant may choose which frontage to meet this standard.

b.    Exemptions to Orientation Standards.

i.    Duplexes or triplexes created by remodeling an existing single-family detached dwelling without expanding the existing floor area.

ii.    Lots created after January 18, 2019, that are not adjacent to existing residentially designated properties.

I.    Residential Uses within Commercial Districts. Residential uses, such as multifamily housing, are encouraged adjacent to employment, shopping and services. All residential developments shall comply with subsections (I)(1) through (5) of this section, which are intended to guide mixed-use development; allow limited residential uses within commercial districts while conserving the community’s supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Residential uses that existed prior to the effective date of the ordinance codified in this chapter are considered permitted uses and not a nonconforming use.

Figure 3.6.200.I

Example of Vertical and Horizontal Mixed Use

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

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

2.    Limitation on Street-Level Housing.

a.    Central Business District. Ground-floor residential uses on street frontages are prohibited except ground-floor entrances or breezeways are permitted for housing located above or behind a nonresidential storefront use.

b.    Other Commercial Districts. On arterial and collector street frontages in other Commercial Zoning Districts, ground-floor residential uses are limited to 25 percent of the street frontage, except ground-floor entrances or breezeways for housing located above or behind a nonresidential use.

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

a.    There is no minimum residential density standard for “vertical” mixed use in a Commercial Zoning District.

b.    Maximum residential density in a Commercial Zoning District shall be controlled by the applicable lot coverage and building height standards.

c.    For “horizontal” mixed use in a Commercial Zoning District, where the site is located within 660 feet of a transit route, the minimum residential density standards of the RM Zone shall apply for the portion of the site dedicated to housing on the ground floor.

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

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

J.    Residential Care Homes and Facilities. Residential care homes and facilities shall comply with the following standards:

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

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

K.    Bed and Breakfast Inns. Bed and breakfast inns are permitted in all Residential Districts within a structure used as a residence and shall comply with the following standards.

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

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

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

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

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

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

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

L.    Repealed by Ord. NS-2240.

M.    Accessory Uses and Structures. Accessory uses and structures are those of a nature customarily incidental and subordinate to the primary use or structure on the same lot. Typical accessory structures include detached garages, sheds, workshops, greenhouses and similar structures. This section does not apply to accessory dwelling units (ADUs). For standards applicable to ADUs, see subsection (B) of this section. Accessory structures must comply with all of the following standards in addition to the standards of the applicable zoning district:

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

2.    Restrictions.

a.    A half bathroom and/or a wet bar may not be installed within an accessory structure unless the property owner signs a City of Bend compliance form stating that the structure will not be used as a dwelling unit.

b.    A kitchen is not allowed.

c.    A full bathroom is not allowed.

3.    Floor Area. The maximum floor area of an accessory structure in a Residential Zoning District must not exceed 1,500 square feet.

4.    Floor Area Ratio. The FAR as defined in BDC Chapter 1.2, Definitions, must not exceed 0.60 for all buildings on site, cumulatively.

a.    Exemptions to FAR.

i.    Accessory structures less than 10 feet in height and 200 square feet in area.

5.    Building Height. The building height of a detached accessory structure must not exceed 25 feet. In order to consider the accessory structure to be attached to the primary dwelling unit, it must be attached by one of the following options and there must be an opening that allows for internal access through livable space to the primary portion of the dwelling unit:

a.    The accessory structure must share a common wall for at least 25 percent of the length of the primary dwelling unit; or

b.    The entire length of one elevation of the accessory structure must be attached to the primary dwelling unit.

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

N.    Home Business. The purpose of this subsection is to support those who are engaged in small business ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which, by the nature of the venture, are appropriate in scale and impact to be operated within a primary dwelling unit or in an approved accessory structure or accessory dwelling unit. More than one home business may be operated on site provided the home businesses comply with the following standards cumulatively. There are three classes of home businesses.

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

a.    The home businesses must be owned and/or operated by a resident of the home business site.

b.    The primary use of the dwelling unit must remain residential.

c.    The home business, except for outdoor storage, must be conducted wholly within lawfully built, enclosed structures and in such a manner as not to give an outward appearance of a business. For outdoor storage, see subsection (N)(1)(d) of this section.

d.    Outdoor storage, including but not limited to inventory, supplies, or equipment, must be completely screened behind a sight-obscuring wall or fence or within an enclosed structure so that the products, equipment or materials are not visible from the public right-of-way or abutting properties or common areas.

e.    The home business must not result in any alterations or additions to a structure that will change its primary use or Building Code occupancy classification.

f.    A maximum of two personal motor vehicles and/or trailers owned or leased by the residents and used in conjunction with a home business may be parked outdoors. Any additional motor vehicles and/or trailers utilized for a home business must be parked inside a lawfully built, enclosed structure. The motor vehicles must not exceed 14,000 pounds GVW. No commercial motor vehicle as defined in ORS 801.208 is permitted as part of a home business.

g.    One nonilluminated wall or window sign limited to two square feet in area and located on or below the first story at a maximum height of 14 feet is permitted. No other building or freestanding signs as exempted in BC 9.50.050 are permitted.

h.    The home business must not involve any use prohibited under subsection (N)(6) of this section.

i.    The home business must not produce radio or TV interference, glare, dust, vibration, smoke or odor beyond allowable levels as determined by local, State or Federal standards or that can be detected beyond the property line.

j.    The home business must comply with the daytime and nighttime noise levels set by the BC 5.50.020, as measured at the property line.

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

a.    Review Procedure. Class A home businesses are considered permitted accessory uses. No land use approval is required.

b.    A Class A home business is intended to have no or negligible impact to the existing neighborhood and must meet the general standards of subsection (N)(1) of this section and the following standards:

i.    Only the residents of the dwelling unit participate in the home business on site.

ii.    No nonresident employees nor clients/customers come to the home business site.

iii.    There are no restrictions on business hours.

iv.    There is no outward indication of business activity.

v.    No more than 25 percent of the dwelling unit, including the floor area of garages, accessory structures and an ADU, may be utilized for all home business uses.

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

a.    Review Procedure. A Class B home business is subject to the Type I procedures outlined in BDC Chapter 4.1, Development Review and Procedures.

b.    A Class B home business is intended to have minimal impact to the existing neighborhood and must meet the general standards of subsection (N)(1) of this section and the following standards:

i.    Only the residents of the home and one nonresident employee can participate in the home business. Off-site employees are permitted.

ii.    Clients or customers are only permitted at the home business from 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday and Sunday.

iii.    The home business site can accommodate parking for the total number of nonresident employees, clients, and customers on site during the largest shift, in addition to the required parking for the primary dwelling unit. On-site parking and on-street parking credit must comply with BDC 3.3.300. Tandem parking is permitted.

iv.    No more than 25 percent of the dwelling unit, including the floor area of garages, accessory structures and an ADU, may be utilized for all home business uses.

v.    A Class B home business is not permitted on a site with a Type II short-term rental.

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

a.    Review Procedure. A Class C home business is subject to the Type II procedures outlined in BDC Chapter 4.1, Development Review and Procedures.

b.    A Class C home business is intended to have minimal impact to the existing neighborhood and must meet the general operational standards of subsection (N)(1) of this section and the following standards:

i.    Only the residents of the home and up to three nonresident employees can participate in the home business. Off-site employees are permitted.

ii.    Clients or customers are only permitted at the home business from 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday and Sunday.

iii.    The home business site can accommodate parking for the total number of nonresident employees, clients, and customers on site during the largest shift, in addition to the required parking for the primary dwelling unit. On-site parking and on-street parking credit must comply with BDC 3.3.300. Tandem parking is permitted.

iv.    A Class C home business is not permitted on a site with a Type II short-term rental.

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

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

a.    Any business utilizing the residence as a headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

b.    On-site retail sales, except that the sale of items that are incidental to a permitted Class B or C home business are allowed. For example, the sale of lesson books or sheet music by music teachers, art or craft supplies by art or craft instructors, computer software by computer consultants, and similar incidental items for sale by a home business are allowed.

c.    Ambulance service.

d.    Animal hospital, veterinary services, kennels or daytime or overnight animal boarding.

e.    Any business involving repair, reconditioning, after-market modification or customization, sales or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment on site.

f.    Marijuana businesses.

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

O.    Temporary Housing.

1.    Supervision. On-site supervision must be provided at all times. At least one competent adult must be present for every 25 persons utilizing the facility.

2.    Loitering. There shall be no loitering at the facility location.

3.    Outdoor Activities. All functions associated with a temporary housing use, except for children’s play areas, outdoor recreation areas, parking and outdoor waiting must take place within the building proposed to house the temporary housing use. Outdoor waiting for clients, if any, may not be in the public right-of-way, must be physically separated from the public right-of-way and must be large enough to accommodate the expected number of clients. Waiting shall not take place beyond one hour before the facility opens or more than one hour after it has closed.

4.    Development Standards. The development standards for the base zone and any overlay zone shall apply to temporary housing uses, unless superseded by standards in this section.

5.    Parking. The parking space requirements for temporary housing uses shall be one space per 500 square feet of gross floor area.

6.    Signs. Signs shall comply with all applicable Oregon codes and City of Bend ordinances including, but not limited to, BC Chapter 9.50, Signs, and Design Review provisions in this code.

7.    Separation. Any proposed temporary housing facility must be located at least 1,000 feet from any other temporary housing facility.

8.    Compliance. Any temporary housing facility must meet all other applicable requirements of Federal, State, and/or local authorities including but not limited to local Fire Department, building and Environmental Health requirements. [Ord. NS-2318, 2018; Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2271, 2016; Ord. NS-2260, 2016; Ord. NS-2256, 2015; Ord. NS-2251, 2015; Ord. NS-2241, 2015; Ord. NS-2240, 2015; Ord. NS-2122, 2009; Ord. NS-2107, 2008; Ord. NS-2016, 2006]

3.6.300 Nonresidential Uses.

This section supplements the standards contained in BDC Title 2 and provides standards for the certain land uses in order to control the scale and compatibility of those uses within the applicable zone.

A.    Automobile-Oriented and Automobile-Dependent Uses and Facilities. Where permitted, automobile-oriented uses and automobile-dependent facilities shall meet all of the following standards. The standards are intended to provide a vibrant, storefront character, slow traffic, and encourage walking and transit use:

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

a.    The drive-in or drive-through facility receives vehicular access from an alley or approved driveway, and not directly from a street except as authorized through development approval from the City.

b.    The drive-in or drive-through facilities shall be set back at least 20 feet from street frontages and, for corner lots, are not oriented towards a street corner. For sites with a 10-foot maximum building setback, the maximum setback may be increased to 20 feet.

c.    Exceptions:

i.    Walk-up-only teller machines and kiosks may be oriented to a corner.

ii.    Drive-through facility setbacks may be reduced to 10 feet when the driving surface is three feet lower or six feet higher than the abutting sidewalk.

iii.    Drive-through facility setbacks may be reduced to 10 feet when the facility is visually screened by a landscape buffer 10 feet or wider with a mature vegetation height of at least three feet within three years of planting and does not create a conflict with the clear vision areas.

iv.    Automobile service and gas stations are exempt from the above standards. However, automobile service and gas stations shall comply with the provisions in subsection (A)(2) of this section.

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

a.    Minimum Lot Size. The minimum lot size for a service station is 12,000 square feet with a minimum street frontage of 100 feet on both legs of a street corner for corner lots and 120 feet of street frontage on an interior lot.

b.    Front Yard Setback. A 10-foot landscaped front yard setback is required. Only access driveways constructed in conformance with the standards in this title may be installed in this required setback. Landscaping shall comply with clear vision standards at intersections and driveways.

c.    Lighting. Lighting fixtures installed within the fueling island canopy shall not extend below the canopy ceiling. The lighting fixtures, illumination intensity and direction shall comply with BDC 3.5.200, Outdoor Lighting Standards.

d.    Other Requirements.

i.    No storage of inoperable automobiles or automobile parts is permitted except in enclosed structures or screened parking lots.

ii.    Landscape planters shall be used when practical as fuel island bollards to protect gas pumps.

C.    Public and Institutional Land Uses. Public and institutional uses listed in Table 2.1.200 may be allowed in the Residential Districts subject to the following land use standards. These standards are intended to control the scale of these developments and their compatibility with nearby residences and surrounding development.

1.    Building Mass. Large-scale buildings shall incorporate changes in building direction (i.e., articulation) and divide large masses into varying heights and sizes. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; windows, and screening trees. The maximum width or length of a building shall not exceed 80 feet (from end-wall to end-wall), except that this standard may be increased through the approval of a Conditional Use Permit, or as part of a Master Planned Development.

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

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

Some public and institutional uses, as listed in Table 2.1.200, may require a Conditional Use Permit in conformance with BDC 4.4.400 (conditional uses).

D.    Reserved.

E.    Plant Nursery. A plant nursery grows and sells shrubs, trees, ornamental bedding plants, and the like. A new plant nursery or the expansion of an existing plant nursery greater than 25 percent of the existing facility may be permitted as allowed in the applicable zoning districts upon compliance with all of the following standards:

1.    Location. The site shall be located on an arterial or collector street.

2.    Access. Shall be in conformance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

3.    Landscaping. Since these operations are commercial in nature, they shall be permanently and well landscaped along all property boundaries, respecting the character of a residential area or entrance into the community.

4.    Site Review. Through the Site Development Review process, additional impacts to the adjoining properties may be identified. Provisions may be required where necessary to mitigate unforeseen impacts. Potential conditions for approval may include but are not limited to:

a.    Limited hours of operation 8:00 a.m. to 6:00 p.m. (including truck deliveries).

b.    Visual screening of all on-site vehicle parking, equipment storage, and maintenance areas.

c.    No stockpiling of refuse (including compost) within 300 feet of an adjoining residential property.

d.    Greenhouses using mechanical heating and cooling equipment shall not be located within 300 feet of an adjoining residential property.

e.    On-site lighting needs shall respect the character of the area in which the nursery is located and shall comply with the provisions of BDC 3.5.200, Outdoor Lighting Standards.

F.    Outdoor Storage and Display within Public Rights-of-Way. Sidewalk vendors and outdoor display of merchandise shall be prohibited within the public rights-of-way except within the Central Business District, in which case the use shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile oriented). A minimum clearance of five feet shall be maintained on the sidewalk at all times to allow pedestrians to pass by the displays. All merchandise shall be removed from the public way at the close of business each day.

G.    Outdoor Storage and Display On Site. Display or storage of merchandise such as seasonal sales, garden supplies, furniture, and outdoor equipment is prohibited unless approved through site development review in conformance with BDC Chapter 4.2, Site Plan Review and Design Review.

Exception: Temporary events such as weekend RV sales, tent sales or other special events regulated under BDC 3.6.400, Temporary Uses.

H.    Industrial Uses within Commercial Districts. Limited industrial uses are allowed in the Commercial Districts. Permitted industrial uses shall conform to all of the following standards, which are intended to protect nearby nonindustrial businesses from the negative impacts of industrial uses, and also protect the pedestrian-friendly, storefront character of certain Commercial Districts:

1.    Retail or Service Use Required. Light manufacture is allowed only when it is in conjunction with a permitted retail or service use (e.g., a bakery with a retail baked goods outlet or a kiln with retail pottery sales).

2.    Location. The industrial use shall be completely enclosed within a building, or shall be located within a rear yard not adjacent to a street or a residential use.

3.    Other Requirements. The industrial use shall not create excessive noise, dust or offensive odors that would be disruptive or be detrimental to other nearby commercial businesses or residential uses.

I.    Keeping Farm Animals. The purpose of this section is to regulate the raising and breeding of farm animals on residential lots within the City of Bend. These activities are considered to be accessory uses subject to the following standards.

1.    Types of Animals Allowed.

a.    One horse shall have a corral or pasture with a usable area of at least one acre; and for each additional horse, an additional one-half acre is required.

b.    Cows, goats, sheep, swine or other livestock shall not be kept on any parcel or lot with an area less than five acres.

c.    No more than four rabbits and/or chickens (hens only, no roosters) are permitted on parcels and lots 5,000 square feet or greater.

2.    Sanitation. Proper sanitation shall be maintained for all farm animals. Proper sanitation includes:

a.    Accumulation of waste prohibited;

b.    Odors resulting from the keeping of farm animals prohibited beyond property lines; and

c.    Storing all farm animal food in rodent-proof containers.

3.    Fencing. All fencing shall be designed and constructed to confine all farm animals within the owner’s property.

4.    Setbacks. All structures that house large farm animals shall be located a minimum of 25 feet from all existing adjacent residences and at least 15 feet from any interior or rear lot line.

J.    Neighborhood Commercial Uses.

1.    Neighborhood commercial uses within the Residential Districts are intended to provide for the location of small businesses and services in a residential section of the City for the convenience of nearby residents; also to recognize existing uses of this type within the City. Neighborhood commercial uses are designed to provide land for small-scale commercial uses that are compatible with adjacent residential development. All neighborhood commercial uses shall comply with the following standards, which are intended to promote land use compatibility and transition between neighborhood commercial and residential uses.

2.    Uses.

a.    Permitted Uses. Neighborhood Commercial uses listed in BDC Table 2.1.200, Permitted and Conditional Uses.

b.    Prohibited Uses. Automobile-oriented and automobile-dependent uses and marijuana businesses.

3.    Lot Location and Size Standard. Within the Residential Districts, new neighborhood commercial nodes shall be limited to lots that comply with the following location and size standards:

a.    Corner lots at an intersection of a local street and another local or collector street.

b.    The combined area of the lot to be developed and all adjacent lots approved for or developed with a neighborhood commercial use may not exceed one-half acre in size.

c.    Neighborhood commercial nodes shall be no closer than one-fourth mile from an existing Commercial District or another existing neighborhood commercial node. For purposes of this code, existing shall mean established, approved, or in process/submitted for approval.

4.    Node Development. A commercial node is defined as one or more lot(s) or parcel(s) not exceeding a total area of one-half acre, excluding road rights-of-way, located at the intersection of a local street and another local or collector street. A neighborhood commercial node may consist of multiple lots including interior lots when the following conditions exist:

a.    Neighborhood commercial development exists on a corner lot or will be established prior to or concurrent with the interior lot development; and

b.    The interior lot adjoins a corner lot developed with a neighborhood commercial use or another interior lot or lots that adjoin a corner lot development with a neighborhood commercial use; and

c.    The combined frontage for lots used for existing and proposed neighborhood commercial uses along any one street frontage shall not exceed 150 feet.

5.    Exceptions to the above location criteria may be granted if the following apply:

a.    It can be documented that the historic use of the property was previously commercial.

6.    Building Design Standard. All new neighborhood commercial buildings, building additions, and existing buildings proposed for conversion to a neighborhood commercial use shall be subject to the architectural design standards in BDC 2.1.900, except existing buildings constructed prior to the date of adoption of this code shall be exempt from the architectural design standards. For the purpose of this code, the term constructed means the date of issuance of a building permit for structural construction or alteration of a building.

7.    Building Setbacks. All new neighborhood commercial buildings shall have a maximum front yard building setback of 10 feet, notwithstanding the underlying zone requirements.

8.    Floor Area Standard. The maximum total commercial floor area shall not exceed 5,000 square feet total per neighborhood commercial node and shall be limited to a maximum ground-floor area of 3,000 square feet per user. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., areas with less than seven and one-half feet of vertical clearance). Floor area dedicated to residential use within a mixed-use building shall not be counted toward the calculation of commercial floor area.

9.    Hours of Operation. Commercial uses shall not exceed the following hours of operation: 7:00 a.m. to 10:00 p.m. In addition, live entertainment shall be prohibited.

Figure 3.6.300.G

Neighborhood Commercial (Typical Site Layout)

10.    Parking. Off-street parking is optional for neighborhood commercial uses located where on-street parking is available adjacent to the neighborhood commercial site, except for food service uses. Parking for food service uses shall be subject to the standards in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking. Off-street parking for neighborhood commercial uses is subject to the following criteria:

a.    Off-street parking, driveways and other vehicular use and circulation areas shall not be placed between a building and the street.

b.    Where off-street parking is adjacent to a street, the parking and maneuvering area shall be separated from the right-of-way by a three-foot minimum landscape planter.

c.    In no instance shall there be more than six off-street parking spaces per site.

K.    Utilities. This subsection applies to the erection, construction, alteration, or maintenance by public utility of municipal or other governmental agencies or licensed franchise of underground, overhead electrical, gas, steam or water transmission or distribution systems, collection, communication, supply or disposal system, including utility poles, wires, drains, sewers, pipes, conduits, cables and other similar equipment and accessories located outside of the public right-of-way, which are permitted in any zone. Utility poles may exceed the height limits otherwise provided for in this code. In considering an application for a public or licensed franchise utility use, the Review Authority shall determine that all utility poles, overhead wires, pumping stations, equipment shelters and similar gear shall be located, designed and installed to minimize their visual impacts. The Review Authority may require screening as a condition of approval.

L.    Landing Strips for Aircraft, Heliports. All landing strips for aircraft or heliports shall be so designed and the runways and facilities so oriented that the incidents of aircraft passing directly over dwellings during landing and take off pattern is minimized. They shall be located so that traffic, both land and air, shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust or bright lights. New landing strips/heliports or the expansion of an existing landing strip or heliport shall not be construed to be a permitted use in any zone established by this code unless and until a Conditional Use Permit shall first have been secured.

M.    Hydroelectric Facilities.

1.    No new hydroelectric facility shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity on Tumalo Creek within the City of Bend.

2.    Hydroelectric facilities are allowed as a conditional use on the Deschutes River and irrigation canals within the City of Bend. Such conditional use shall be governed by the conditions set forth in subsection (M)(3) of this section.

3.    In addition to the general Conditional Use Permit criteria set forth in BDC Chapter 4.4, the criteria set forth below shall apply to any construction or expansion of, or other modification to, hydroelectric facilities in areas where such facilities are permitted as a conditional use. 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:

a.    The facility is located at and physically connected to an existing manmade diversion or impoundment.

b.    The facility will not increase the maximum surface area or capacity of the impoundment created by the existing dam or diversion to which the facility will be connected.

c.    The facility will maintain or enhance, to the greatest extent possible, the existing scenic, visual, environmental, and aesthetic qualities of the affected stretch of the river.

d.    The facility will maintain or enhance the existing recreational opportunities on or adjacent to the affected stretch of the river.

e.    The facility will maintain or enhance existing fish and wildlife habitat, and will have no adverse impact upon any threatened or endangered fish, wildlife, or plant species or their habitat.

f.    The facility and its operation will maintain or enhance existing water quality in the affected stretch of the river, except during construction of the facility, during which time adverse impacts on water quality will be minimized. Specifically, the facility and its operation will not:

i.    Deposit, or create a zone for the deposit of, sediments in the river or adjacent to the site;

ii.    Increase the temperature of the river in the affected stretch by any means, including but not limited to removal of vegetation or reduction in stream flow; or

iii.    Create the potential for, or result in, spillage, leakage or discharge of oil, chemicals or other substances or waste products which could reach the river.

g.    The facility and its operation will not increase soil or bank erosion or destroy bank habitat at or on land adjacent to the site, except during construction of the facility, during which time soil or bank erosion and destruction of bank habitat will be minimized.

h.    The facility and its operation will maintain existing public access to the affected stretch of the river.

i.    The facility will not be located at or immediately adjacent to any identified archeological or historical site, national or State park, wildlife refuge, Bureau of Land Management Outstanding Natural Area or Area of Critical Environmental Concern, Federal Research Natural Area, or U.S. Forest Service Special Interest Area.

j.    The facility and its operation will comply with all applicable noise and pollution regulations of the Oregon Department of Environmental Quality.

k.    The facility and its operation will comply with all applicable State fill-and-removal statutes and regulations.

4.    The applicant for a Conditional Use Permit under subsection (M)(3) of this section shall submit the following for approval:

a.    Detailed construction plans and profiles of all facility features, including building elevations of the powerhouse and other structures, excavation plans and narrative as to where blasting will occur, where excess material will be deposited, and landscaping and reclamation plans.

b.    Detailed plans for meeting the criteria set forth in subsection (M)(3) of this section.

c.    Detailed plans for river enhancement documenting both on-site and off-site enhancement plans consistent with adopted river-related goals and policies, such as plans and methods for conserving water and enhancing stream flow. The plan shall identify costs, time schedules and coordination activities with affected persons and agencies for such enhancement plans.

d.    A cash deposit or performance bond in an amount equal to 100 percent of the estimated cost of river enhancement and landscaping.

e.    Detailed plans for a water conservation and stream enhancement program to be funded by a portion of revenues generated by the operation of the proposed facility. The program plans shall contain the following:

i.    A program timetable;

ii.    Projected gross revenues from the proposed facility;

iii.    Projected program expenditures and the percentage of gross revenue they represent;

iv.    Projected water savings and the percentage of known current water losses they represent;

v.    A declaration by the applicant that at least 50 percent of the conserved water will remain undiverted by the applicant;

vi.    A declaration by the applicant that water diverted for power generation will not cause water flow in that affected stretch of the river (from the diversion to the tailrace exit) to fall below the minimum stream flow for that stretch as recommended by the Oregon Department of Fish and Wildlife; and

vii.    A declaration by the applicant that it will enter into an agreement with the City of Bend, prior to beginning construction of the facility, by which the applicant agrees to fulfill all of the requirements of this subsection.

N.    Destination Resorts.

1.    Information to Be Supplied by the Applicant.

a.    Proposed land uses and densities.

b.    Building types.

c.    Circulation pattern.

d.    Park, playground, and open space.

e.    Existing natural features.

f.    Impacts on schools, roads, water and sewerage systems, fire protection.

g.    Proposed ownership pattern.

h.    Waste disposal facilities.

i.    Water supply system.

j.    Lighting.

k.    General timetable for development.

2.    The Conditional Use Permit may be granted upon the following findings:

a.    That any exceptions from the standards of the underlying zone and subdivision ordinance are warranted by the design and amenities incorporated in the development plan;

b.    That the proposal is in harmony with the surrounding area or its potential future use;

c.    That the system of ownership and the means of developing, preserving, and maintaining open space are adequate;

d.    That sufficient financing exists to assure that the proposed development will be substantially completed in the timetable outlined by the applicant;

e.    That open space shall comprise 65 percent of the land. Open space shall mean land not in streets or structures;

f.    That adequate provision is made for the preservation of natural resources such as bodies of water, natural vegetation, and special terrain features;

g.    That the areas of activities are contained in the center of the development, or that adequate buffer yards are established to protect adjacent private lands.

3.    Dimensional Standards:

a.    The minimum lot area, width, frontage, and yard requirements otherwise applying to individual buildings of the zone in which the development is located do not apply within a destination resort.

b.    The Hearings Body shall establish yards, height limitations, and space between buildings for the development, or may delegate this to the Site Plan Committee.

4.    Commercial uses designed and sized to meet the needs of the development’s population are allowed subject to the following:

a.    That such use shall be contained within the development;

b.    That adequate screening and site design shall ensure compatibility between these activities and adjacent uses.

O.    Beekeeping. The purpose of this section is to regulate the keeping of common domestic bees on residential lots within the City of Bend. This activity is considered to be an accessory use subject to the following standards.

1.    Location, Density, and Maintenance of Colonies.

a.    The number of colonies is limited to one colony per legal lot of up to 5,000 square feet of lot area, plus one additional colony per each additional 5,000 square feet of lot area, up to a maximum of eight colonies regardless of lot size.

b.    Colonies shall be located in the side or rear yard, and set back no less than 10 feet from the nearest property line, and shall comply with the following provisions:

i.    The beehives are isolated from public access by a security fence; and

ii.    The beekeeper establishes and maintains a flyway barrier at least six feet in height consisting of a solid wall, solid fencing material, dense vegetation or combination thereof that is parallel to the property line and extends 10 feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the colony; or

iii.    The colony is situated 10 feet or more above the grade of the nearest adjoining property line.

c.    Colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding.

d.    In any instance in which a colony exhibits aggressive behavior, the beekeeper must ensure that the colony is re-queened. Aggressive behavior is any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occur.

e.    Every beekeeper shall maintain an adequate supply of water for the bees located close to each hive.

P.    Marijuana Businesses.

1.    Purpose. The purpose of this section is to reasonably regulate those who are engaged in the retail sale, producing, growing, processing, wholesaling and testing of medical and recreational marijuana, consistent with State law, in the City of Bend, and to:

a.    Protect the general health, safety, property, and welfare of the public;

b.    Balance the right of individuals to produce and access marijuana and marijuana derivatives consistent with State law, with the need to minimize adverse impacts to nearby land uses, residents, property owners and businesses that may result from the production, storage, distribution, sale, and/or use of marijuana and derivatives;

c.    Adopt reasonable time, place and manner restrictions on both medical and recreational dispensaries tied to specific community impacts;

d.    Prevent or reduce criminal activity that may result in harm to persons or property;

e.    Limit the exposure of minors to the commercial aspects of marijuana;

f.    Prevent or reduce diversion of State-licensed marijuana and marijuana derivatives to minors; and

g.    Minimize impacts to the City’s public safety services by reducing calls for service.

2.    Applicability.

a.    The provisions of this section apply to marijuana businesses within the Bend City limits.

b.    Relationship to Other Development Standards. Marijuana businesses must comply with all of the standards of this section and all applicable State laws and regulations.

3.    Procedure.

a.    All new marijuana businesses must be reviewed through Site Plan Review, Minimum Development Standards Review and/or a Conditional Use Permit Review to ensure the standards of this section and other relevant portions of this code are met. Marijuana businesses are not eligible for the Minimum Development Standards Review exemption of BDC 4.2.400(B)(2).

b.    The City will require a proof of a license from the State (either OHA or OLCC) confirming the security plan and all other required improvements, prior to final occupancy.

4.    Standards for Medical Marijuana Dispensaries and Marijuana Retailers.

a.    Permitted. Medical marijuana dispensaries and marijuana retailers are permitted in all CB, CC, CL, CG, ME and MR zoning districts (unless listed as a conditional use, and subject to size limitations). See use tables in BDC Title 2.

b.    Co-Location of Medical Marijuana Dispensaries and Marijuana Retailers. Medical marijuana dispensaries and marijuana retailers selling medical and recreational marijuana may co-locate as allowed by State law and regulation.

c.    Medical Marijuana Dispensaries and Marijuana Retailers and Proximity to Other Land Uses.

i.    The distance limitations and definition established by this section shall control over the minimum distance limitations set forth by the State of Oregon.

ii.    The distance limitations are based upon the uses surrounding the proposed medical marijuana dispensary or marijuana retailer site on the date the development application is submitted.

iii.    A medical marijuana dispensary or marijuana retailer shall not be located within the specified proximity of any of the uses listed below. For purposes of this paragraph, the distance specified is a straight line measurement from the closest points between property lines of the affected properties.

d.    Medical Marijuana Dispensaries. No medical marijuana dispensary may operate or conduct business within:

i.    One thousand feet of a public or secondary school for which attendance is compulsory under ORS 339.020 (2013); or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a) (2013);

ii.    One thousand feet of another medical marijuana dispensary;

iii.    One hundred fifty feet of a licensed child care facility, as defined in BDC Chapter 1.2; or

iv.    One hundred fifty feet of a Bend Park and Recreation District developed park facility including neighborhood parks, community parks, regional parks, natural areas, urban plazas and community river parks, or an Oregon State Park.

e.    Existing Medical Marijuana Dispensaries.

i.    A medical marijuana dispensary existing as of December 15, 2015, is considered a permitted use regardless if (A) an existing licensed child care facility is located within 150 feet; (B) an existing public or secondary school for which attendance is compulsory under ORS 339.020 (2013), or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a) (2013), is located within 1,000 feet, (C) another medical marijuana dispensary is located within 1,000 feet, or (D) an existing Bend Park and Recreation District developed park facility including neighborhood parks, community parks, regional parks, natural areas, urban plazas and community river parks, or an Oregon State Park is located within 150 feet.

ii.    A medical marijuana dispensary existing at the time any use listed in subsection (P)(4)(d) of this section is subsequently sited within the specified proximity of the dispensary may remain at that location and is considered a permitted use and not a nonconforming use.

iii.    An existing medical marijuana dispensary may change to a marijuana retailer provided the business complies with applicable State laws and permitted and conditional use tables and this subsection (P).

iv.    The distance requirements in subsection (P)(4)(d) of this section do not apply for applications for marijuana retailers that meet the following criteria:

(A)    The application is from a medical marijuana dispensary existing as of December 15, 2015;

(B)    The marijuana retailer’s application is for the same address at which the medical marijuana dispensary is currently in operation;

(C)    The medical marijuana dispensary has no outstanding compliance issues pending with the Oregon Health Authority or the City of Bend;

(D)    The applicant meets all other requirements of this chapter;

(E)    The conversion to a marijuana retailer must be finalized no later than December 31, 2016, or, if the OLCC fails to issue marijuana retailer licenses by November 1, 2016, within 30 days of receiving an OLCC license. In no case may a conversion from a medical marijuana dispensary to a marijuana retailer occur after July 1, 2017. A change from a medical marijuana dispensary to a marijuana retailer must be approved by issuance of a Minimum Development Standards decision no later than December 31, 2016. An existing medical marijuana dispensary that converts to a marijuana retailer is not eligible for the Minimum Development Standards Review exemption under BDC 4.2.400(B)(2).

f.    Marijuana Retailer. No marijuana retailer may operate or conduct business within:

i.    One thousand feet of a public or secondary school for which attendance is compulsory under ORS 339.020 (2013); or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a) (2013);

ii.    One thousand feet of another marijuana retailer;

iii.    One hundred fifty feet of a licensed child care facility, as defined in BDC Chapter 1.2; or

iv.    One hundred fifty feet of a Bend Park and Recreation District developed park facility including neighborhood parks, community parks, regional parks, natural areas, urban plazas and community river parks, or an Oregon State Park.

g.    Existing Marijuana Retailer.

i.    A marijuana retailer existing at the time any use listed in subsection (P)(4)(f) of this section is subsequently sited within the specified proximity of the retailer may remain at that location and is considered a permitted use and not a nonconforming use.

ii.    An existing marijuana retailer may change to a marijuana dispensary provided the business complies with applicable State laws and permitted and conditional use tables and this subsection (P).

h.    Building Site. The medical marijuana dispensary or marijuana retail facility must be located and operated completely inside a permanent building. Outdoor storage of any merchandise, plants, or other materials is not allowed.

i.    Display. All marijuana plants, products, and paraphernalia must be completely screened from view. There must be no marijuana, marijuana product, or marijuana paraphernalia visible from the exterior of the building.

5.    Production and Growing of Commercial Marijuana.

a.    Production of Marijuana. Production (growing) facilities are prohibited in all residential, commercial MR and PO zoned and designated areas. It is allowed in industrial and ME designated areas, as further set forth in the use tables in BDC Title 2. Retail marijuana is not permitted at the same facility as production.

b.    Medical Grow Sites. Medical grow sites are permitted as allowed by State law up to the possession limitations for registered cardholders or designated primary caregivers of the cardholder in all zones.

c.    The private growing or cultivating of marijuana for noncommercial personal use, as defined by State law, is not regulated by this chapter.

6.    Commercial Marijuana Wholesale. Marijuana wholesale is permitted in CL, CG, MR and ME zones, similar to other wholesale uses (more than 75 percent of the business use needs to be wholesale). Wholesale is not permitted in residential designated areas. Wholesale is permitted in all industrial zoned and designated areas. See use tables in BDC Title 2.

7.    Marijuana Processing.

a.    Residential Zones. Marijuana processing is prohibited in residentially zoned and designated areas.

b.    Marijuana processing of cannabinoid concentrates and cannabinoid products not including processing of cannabinoid extracts is permitted in all CB, CC, CL, CG and MR zoned and designated areas, and in the commercial zoned and designated areas provided the building area is 5,000 square feet or less and the use includes a retail component as identified in the use tables in BDC Title 2. It is permitted conditionally subject to size limitations in the CL zoned and designated areas, and it is permitted in all industrial zoned and designated areas. See use tables. All marijuana processing is subject to Fire Marshal approval.

c.    Marijuana processing of cannabinoid concentrates and cannabinoid products and cannabinoid extracts is allowed in industrial and ME designated areas. Marijuana processing of cannabinoid extracts is subject to State law and Fire Marshal approval. See use tables in BDC Title 2.

8.    Marijuana Testing Laboratory. Marijuana testing laboratories are permitted in IL, IG, CB, CC, CL, CG, ME and MR zoned and designated areas, as further set forth in the use tables in BDC Title 2.

9.    Operating License Required. All marijuana businesses operating in the City of Bend must obtain an operating license pursuant to BC Chapter 7.50, Marijuana Business Operating License. This applies to existing businesses (businesses currently operating at the time of adoption of this code) in order to continue operating and as a condition to obtaining land use approval under this chapter.

10.    Marijuana Businesses – Prohibited Uses. In addition to the other prohibitions identified in this section, the following uses or practices are also prohibited:

a.    Drive-through dispensaries or facilities in any zone.

b.    Temporary dispensaries or facilities in any zone.

c.    On-site consumption of marijuana at a licensed medical marijuana dispensary or marijuana retailer unless: (i) the consumption is conducted for testing in compliance with OAR 333-008-1190; or (ii) the consumption is allowed under the medical exception granted in OAR 333-008-1200.

d.    Co-location of medical marijuana dispensaries or marijuana retailers at grow or marijuana producing sites.

e.    Marijuana businesses in residential zones or designations.

f.    Retail medical marijuana dispensaries or marijuana retailers in industrial zones.

g.    Marijuana businesses as a home occupation in any zone.

h.    Marijuana businesses as a neighborhood commercial use.

i.    Walk-up windows at medical marijuana dispensaries or marijuana retailers in any zone.

11.    Abandonment of Use.

a.    Notwithstanding BDC Chapter 5.2, Nonconforming Uses and Developments, if a marijuana business ceases operations for a period of more than 180 days, all marijuana development approvals will be void with no further proceedings.

b.    Failure to continuously maintain the Marijuana Business Operating License as provided in BC Chapter 7.50 will also be considered abandonment of use.

12.    Compliance and Enforcement.

a.    Any premises, house, building, structure or place of any kind where marijuana is sold, manufactured, bartered, or distributed in violation of State law or this City code is a public nuisance. The City may institute an action in Deschutes County in the name of the City to temporarily or permanently enjoin such nuisance.

b.    This remedy is in addition to, and not in lieu of, any other civil, criminal or administrative remedies available to the City authorized under this code, or by law or equity.

Q.    Small Hydroelectric Facilities.

1.    Small hydroelectric facilities are subject to BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review.

Exception: Small hydroelectric facilities located underground or inside an existing structure are exempt from BDC Chapter 4.2.

2.    For small hydroelectric facilities that are subject to BDC Chapter 4.2, the following design elements are required in addition to the criteria of BDC Chapter 4.2:

a.    Structures and roofing must be constructed of nonreflective materials and finished in a color that blends with the surrounding vegetation and landscape.

b.    New powerlines associated with the small hydroelectric facility must be buried even if they are not located in the right-of-way. Existing overhead lines may remain.

3.    Prior to issuance of a building permit, the applicant must provide the City with any required documentation of all Federal Energy Regulatory Commission (FERC) and State water right permits for the small hydroelectric facility. [Ord. NS-2303, 2018; Ord. NS-2265, 2016; Ord. NS-2264, 2016; Ord. NS-2256, 2015; Ord. NS-2195, 2013; Ord. NS-2158, 2011; Ord. NS-2150, 2010; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

3.6.400 Temporary Uses.

Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to:

•    

Seasonal sales

•    

Farm produce sales

•    

Temporary real estate sales office or model home

•    

Temporary building

•    

Education modular

•    

Medical hardship housing

•    

Carnivals/fairs, parking lot sales and warehouse sales

Unless otherwise permitted, temporary uses shall comply with this section. Temporary uses not specifically allowed under this section, including but not limited to temporary retail sales and services, in zones where retail sales and services are allowed, are prohibited. The use of a motor home, recreational vehicle, travel trailer, tent, or similar device as a dwelling unit is also prohibited.

Some temporary uses must be approved through a temporary use permit because they occur for longer periods than others. Other, shorter duration, temporary uses may occur without temporary use permit approval. In both cases, all temporary use standards of this section must be met at all times.

A.    Seasonal Sales. Seasonal sales related to a holiday or seasonal event such as holiday tree sales and Fourth of July fireworks sales occur only once in a calendar year and for no longer than 30 days. No temporary use permit is required. However, the use shall comply with the following standards:

1.    The use is permitted in the zoning district and does not violate any conditions of approval for the property (e.g., prior site plan review approval).

2.    The applicant has written permission from the property owner to temporarily place the use on the property.

3.    The minimum parking requirements of BDC Chapter 3.3 will be maintained for all uses on the site.

4.    The vision clearance standards of BDC Chapter 3.1 are maintained and public rights-of-way are not obstructed.

5.    Ingress and egress are safe and adequate and meet the access standards of BDC Chapter 3.1.

6.    The use is adequately served by sewer or septic system and water, if applicable.

7.    The temporary use shall terminate no later than 30 days after initial start-up.

B.    Farm Produce Sales. The sale of farm produce is allowed to occur continually on a site which allows retail sales, not to exceed 180 days. A temporary use permit is required to ensure that all of the seasonal sales standards contained in subsections (A)(1) through (6) of this section are met. The use of tents for farm produce sales shall meet any applicable fire code and/or building code standards.

C.    Temporary Real Estate Sales Office or Model Home. A temporary real estate sales office or model home in a subdivision is subject to temporary use permit review to ensure that the following standards are met:

1.    Temporary real estate sales office:

a.    The temporary real estate sales office shall be located within the boundaries of the subdivision in which the real property is to be sold;

b.    The property to be used for a temporary real estate sales office shall not be permanently improved for that purpose; and

c.    The temporary real estate sales office shall be removed once all lots or homes/buildings within the subdivision are sold.

2.    Model house:

a.    The model house shall be located within the boundaries of the subdivision where the real property to be sold is situated;

b.    The model house shall be designed as a permanent structure that meets all relevant requirements of this code; and

c.    The model house shall cease to be a temporary use and shall be used as a residential dwelling or other permitted use in the zoning district once all other lots or homes/buildings within the subdivision are sold.

D.    Temporary Building. A temporary building such as a trailer, cargo container, or prefabricated building may be used as a temporary commercial or industrial office or space associated with the primary use on a property. Temporary buildings are subject to temporary use permit review and must meet all of the following standards:

1.    The site is developed with a primary use or the primary use is under construction.

2.    The temporary building must be located within the boundaries of the property on which the primary use is located (temporary buildings used during construction of the primary use may be located off site, but must be a reasonable distance from the primary use).

3.    Ingress and egress meet the applicable requirements of BDC Chapter 3.1.

4.    There is adequate parking for the temporary and primary uses as required by BDC Chapter 3.3.

5.    The temporary building complies with applicable building codes.

6.    The use can be adequately served by sewer or septic system and water, if applicable.

7.    All locational standards for structures in the applicable zoning district are met (e.g., setbacks, height and lot coverage).

8.    The length of time that the temporary building will be used must not exceed 12 months. When a temporary permit expires, the applicant or owner must remove the temporary building from the site.

9.    Temporary buildings used for construction purposes are allowed on a site under construction and do not need a temporary use permit; however, they must be removed 30 days after the final inspection is complete.

E.    Temporary Placement of Educational Modulars. The placement of educational modular classrooms may be granted for up to two years without site plan approval through a temporary use permit application approval. The temporary use permit application shall contain a schematic site plan that shows the following: (1) the type of modular proposed, and (2) the proposed placement location of the modular.

In addition to meeting the standards of subsections (D)(1) through (7) of this section, the application for a temporary use permit for an education modular shall also meet the following standards:

1.    The parking requirements of BDC Chapter 3.3 shall be met for the permanent and temporary structures.

2.    The landscaping requirements in BDC Chapter 3.2 shall be met.

F.    Medical Hardship Housing. A temporary use permit is required for medical hardship housing. The following standards are applicable to the siting of medical hardship housing.

1.    Temporary use permits may be granted in residential zones for relatives of the family residing on the property if the temporary dwelling unit will be used because of a medical problem requiring the use of such a unit. The existence of a medical problem that requires the patient to reside on the same site as his or her relatives shall be supported by the certificate of a medical doctor. The permit shall not exceed one year and may only be renewed with another certificate from a medical doctor.

2.    The temporary dwelling unit may be a manufactured dwelling, manufactured home, manufactured structure, or mobile home as defined in BDC Chapter 1.2. No permanent structure or foundation shall be established for the medical hardship housing. Recreational vehicles and trailers are prohibited.

3.    The applicant shall obtain required temporary permits for electrical, water and other services as appropriate before the temporary dwelling unit is occupied.

4.    All locational standards for structures in the applicable zoning district shall be met (e.g., setbacks, height and lot coverage).

5.    The medical hardship housing and all utility connections shall be removed no later than 90 days after the expiration of the permit.

G.    Temporary Carnivals, Fairs, Parking Lot Sales and Warehouse Sales. Temporary carnivals, fairs, parking lot sales and retail sales from a warehouse are permitted on developed commercial, industrial and public facility sites for a maximum of 14 days each calendar year. No permit is necessary; however, the following standards must be met:

1.    Adequate parking is available to meet the minimum parking requirements of BDC Chapter 3.3;

2.    The vision clearance standards of BDC Chapter 3.1 are maintained and public rights-of-way are not obstructed; and

3.    Vehicle ingress and egress locations meet the access standards of BDC Chapter 3.1. [Ord. NS-2303, 2018; Ord. NS-2183, 2012; Ord. NS-2107, 2008; Ord. NS-2016, 2006]

3.6.500 Short-Term Rentals. Revised 10/18

The purpose of this section is to protect the character of the City’s residential neighborhoods by limiting and regulating short-term rental of dwelling units.

The following provisions apply to all short-term rentals (STRs) after April 15, 2015.

A.    Applicability. No person shall occupy, use, operate or manage, nor offer or negotiate to use, lease or rent, a dwelling unit for short-term rental occupancy unless issued a short-term rental (STR) permit or exempted under this chapter. A permit is required for each dwelling unit even if located on the same legal lot. The standards of this section shall supersede the standards elsewhere in the Development Code, unless otherwise stated.

B.    Application Submittal Requirements. The following information shall be submitted to the City along with a form approved by the City in order to apply for a STR permit.

1.    The name, address, email address and telephone number of the owner of the short-term rental for which the permit is to be issued, and the same for the authorized representative if different than the owner. An application may be submitted by an owner with the buyer as the applicant and upon written request, the approval will be granted to both the owner and the buyer.

2.    A floor plan identifying the number of bedrooms proposed for use.

3.    A diagram and/or photograph of the premises showing and indicating the number, location and dimensions of designated on-site and abutting on-street parking spaces that meet the minimum required number of parking spaces and maneuvering per BDC 3.3.300.

4.    Acknowledgment by signature that the owner and authorized representative have read all the regulations relating to the operation of a short-term rental under BC Chapter 7.16.

5.    Certification of the accuracy of the information submitted and agreement to comply with the conditions of the permit.

6.    Consent to inspection to ensure compliance with this section.

C.    Review Type. Short-term rentals are permitted subject to the following permit processes, provided all other requirements of this section are met:

1.    Other than as provided in subsection (C)(2) of this section, short-term rentals within Commercial Zoning Districts (CL, CG, CC, CB, CN), the Mixed Employment Zone (ME), the Mixed-Use Urban Zone (MU), the Mixed-Use Neighborhood Zone (MN), and the Mixed-Use Riverfront Zone (MR) within the Old Mill District boundary (noted as Type I in Figure 3.6.500.C) are:

a.    Processed as a Type I application.

b.    Exempt from the concentration limits in subsection (E) of this section.

2.    Short-term rentals within Mount Bachelor Village, Deschutes Landing subdivision, and Courtyards at Broken Top Lots 1 through 8 and Lots 21 through 32, are:

a.    Exempt from obtaining a STR permit (an annual STR operating license will still be required).

b.    Exempt from the concentration limits for short-term rentals in subsection (E) of this section.

3.    Infrequent short-term rentals that are available for rent fewer than 30 days total per calendar year are:

a.    Processed as a Type I application.

b.    Exempt from the concentration limits for short-term rentals in subsection (E) of this section.

c.    Limited to no more than four rental periods per calendar year.

4.    Other than as provided in subsections (C)(2) and (3) of this section, in residential zones (SR2-1/2, RL, RS, RM, RM-10, RH) and in the MR Zone outside of the Old Mill District boundary (noted as Type II in Figure 3.6.500.C), STRs are permitted subject to a Type II permit process provided all requirements of this section are met.

5.    Owner-occupied short-term rentals are:

a.    Processed as a Type I application.

b.    Exempt from the concentration limits for short-term rentals in subsection (E) of this section.

c.    Limited to renting up to two rooms to overnight guests for a period fewer than 30 consecutive days. The owner must occupy the dwelling unit during the overnight rental period. Only part of the dwelling unit is used for rental purposes. The room(s) for rent cannot include rooms within a detached or attached accessory dwelling unit or accessory structure where there is no internal access to the dwelling unit.

d.    Not permitted to have a kitchen or a wet bar in the room for rent.

e.    Subject to all other standards within this section for short-term rentals unless otherwise specified.

6.    Modification of an approval for a short-term rental shall be:

a.    Processed as a Type I application and exempt from the concentration limits in subsection (E) of this section if the expansion includes an increase in the number of bedrooms approved under the initial STR approval. If the expansion does not increase the number of bedrooms, no modification of approval is required.

b.    Required to obtain a revised annual operating license to reflect the modification of approval.

c.    Prior existing uses as defined in subsection (M) of this section are subject to the provisions of BDC 5.2.100.

Figure 3.6.500.C

Mixed Riverfront Zone and Old Mill District

D.    Short-Term Rental Development Designation Process. The purpose of this subsection is to provide a process to allow properties to be designated as short-term rental developments that, once approved, would allow dwelling units within the designated STR development to be used as short-term rentals without being subject to the concentration limits in subsection (E) of this section.

1.    Designation Process. The City may approve by a Type III process designation of a property or group of adjacent properties as a short-term rental development. The Planning Commission shall be the decision-making body for a STR development designation application.

a.    Submittal Requirements. An application for a short-term rental development designation must include:

i.    An application, on a City form. All owners of all property within the area proposed for short-term rental development designation must sign either the application or a consent to submit the application.

ii.    A map showing the area to be included in the short-term rental development, and properties within one-quarter mile. All existing and approved short-term rentals within the one-quarter-mile area shall be shown on the map.

iii.    An application fee in an amount established by Council resolution.

iv.    A narrative explaining how all applicable criteria are met.

b.    Designation Criteria.

i.    The property must be in an RS, RM or MR Zone and be an entire subdivision or subdivision phase, including a minimum of one acre.

ii.    The short-term rental development must be compatible with the surrounding neighborhood.

iii.    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.

c.    Review Process. Short-term rentals within STR development shall be:

i.    Processed as a Type I application to ensure adequate parking is provided and occupancy limits are established.

ii.    Exempt from the concentration limits for short-term rentals in subsection (E) of this section.

E.    Concentration Limits. There must be at least 250 feet of separation between properties zoned SR 2 1/2, RL, RS, RM, RH, and MR outside of the Old Mill District boundary (noted as Type II in Figure 3.6.500.C) measured radially from the property boundary of the subject property as determined by the City of Bend Development Services Director or designee, which have a valid Type II short-term rental application or permit.

F.    Limits on Permit Transfer. Notwithstanding BDC 4.1.1330, any short-term rental application submitted after April 15, 2015, is specific to the owner of the dwelling unit or owner-authorized buyer for which the permit is issued. This means that the short-term rental permit shall not run with the land, but shall terminate and be void with no further proceedings on sale or transfer of the real property which was rented pursuant to the short-term rental permit.

Sale or transfer means any change of ownership during the lifetime of the permit holder, whether or not there is consideration, or after the death of the permit holder, except a change in ownership where title is held in survivorship with a spouse or domestic partner, or a transfer on the owner’s death to a trust which benefits only a spouse, child(ren) or domestic partner for the lifetime of the spouse, child(ren) or domestic partner. The survivor may not sell or transfer title, except that title may transfer among the survivors. A sale or transfer also does not mean (1) the transfer of ownership from the owner(s) of the real property to or between the members of a limited liability company or partnership when the transfer involves the same owners, or (2) the transfer to a trustee, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, if at least one owner is living at the time of transfer so long as that owner retains at least a 25 percent interest in the entity. The permit or nonconforming right shall terminate if the original owner ceases to own at least 25 percent interest in the entity. If the owner is a corporation, the shareholders of the corporation shall be considered the owners for purposes of this section.

G.    Occupancy. The maximum occupancy for the dwelling shall be two persons per bedroom plus two additional persons. For example, a two-bedroom dwelling would have a maximum occupancy of six persons. For owner-occupied short-term rentals, the occupancy shall be two persons per rented bedroom, in addition to the long-term residents of the dwelling.

H.    Parking. The following parking standards are required, in accordance with BDC Chapter 3.3:

1.    The parking requirement for STRs is one space per bedroom. In the case of an owner-occupied STR, the parking requirement is either one space per bedroom or two spaces for the owners occupying the dwelling unit plus one space per approved STR bedroom, whichever is less.

2.    Each on-site parking space is required to be a minimum of 20 feet deep by nine feet wide. Parking spaces may be in a garage or in an otherwise approved parking space on the property, such as a driveway, provided the parking dimension for the spaces are met. New parking spaces are required to be paved and cannot be gravel. The entirety of the parking space must be accommodated on-site such that the space does not cross over the property line. Tandem parking is allowed.

3.    If the garage is to be utilized to meet the parking requirement, a photo of the interior of the garage must be submitted to show the garage is available for parking. The garage must continually be available for guest parking as long as the STR permit is valid.

4.    Where on-street parking abutting the site is allowed, up to 50 percent of the required parking may be met with approved on-street parking spaces in accordance with BDC 3.3.300(B).

I.    Prohibited Use. No recreational vehicle, travel trailer, or tent or other temporary shelter shall be used in conjunction with the short-term rental.

J.    Short-Term Rental Operating License. In addition to obtaining a STR permit under this section, persons operating short-term rentals must obtain a short-term rental operating license under BC Chapter 7.16.

1.    For existing permits submitted prior to the effective date of this code, and permits obtained prior to September 1, 2015, and uses that now require a permit under this chapter, an operating license must be obtained by September 1, 2015.

K.    Abandonment of Use.

1.    Notwithstanding BDC Chapter 5.2, Nonconforming Uses and Developments, if the short-term rental ceases for a period of more than 12 months, the short-term rental permit shall be void with no further proceedings.

a.    For existing permits submitted prior to the effective date of this code, the period of use shall be measured from the 12 months prior to the due date for the operating license (September 1, 2015). For permits obtained after September 1, 2014, and before September 1, 2015, and uses that now require a permit under this chapter, the 12-month duration shall be measured from one year beginning September 1, 2015. The period of use shall then be measured annually thereafter.

2.    Failure to maintain the STR operating annual license as provided in that chapter shall be considered abandonment of use.

3.    Temporary Hardship Exemption.

a.    A temporary hardship exemption from this section may be granted by the Development Services Director or designee. The following hardships, including a submission of proof, may be acceptable to the City:

i.    Medical condition of the owner, spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the short-term rental;

ii.    Death of a spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the short-term rental; or

iii.    Structural integrity of the short-term rental that deems it uninhabitable for tenants and is not self-imposed.

b.    A time limit may be set by the Development Services Director or designee, but shall not exceed six months. A one-time extension may be approved upon request if one of the conditions of subsection (K)(3)(a) of this section still applies.

L.    Expiration of Approval and Initiation of Use. Notwithstanding BDC 4.1.1310 and 4.1.1315, Expiration of Approval and Initiation of Use, if the short-term rental does not initiate the use by renting the short-term rental at least one night within the first 12 months of obtaining a short-term rental permit, the short-term rental permit shall be void with no further proceedings.

1.    For existing permits submitted prior to the effective date of this code, and permit applications submitted after April 15, 2015, and prior to September 1, 2015, the 12-month initiation of use period shall begin September 1, 2015. For all permits submitted after that date, the initiation of use period begins upon final land use permit approval.

M.    Prior Existing Use.

1.    Existing Type I Permits. Any short-term rental approved and legally permitted under the former 2006 BDC 3.6.200(L) may continue as a legal nonconforming use provided:

a.    That the use is not abandoned under subsection (K) of this section; and

b.    That the owner obtains and renews the annual license as required by this section and BC Chapter 7.16. The owner of the dwelling has the burden of establishing a valid prior approval when applying for a short-term rental license or license renewal.

2.    Legal Nonconforming Uses. Any short-term rental that began operating prior to August 2006, when the initial short-term rental regulations were adopted, and has been lawfully and continually conducted since that time, may continue as a legal nonconforming use provided:

a.    That the use is not abandoned under subsection (K) of this section; and

b.    The owner obtains and renews the annual license required under this chapter and BC Chapter 7.16. The owner of the dwelling has the burden of establishing a prior legal use when applying for a short-term rental license or license renewal.

3.    Short-Term Room Rentals. Any short-term room rental that began operating prior to the effective date of the ordinance codified in this section (April 15, 2015), and submitted documentation to the City that only a single room in a dwelling was rented, may continue as a legal nonconforming use provided:

a.    That the use is not abandoned under subsection (K) of this section; and

b.    That the owner obtains and renews the annual license as required by this section and BC Chapter 7.16. The owner of the dwelling has the burden of establishing a prior legal use when applying for a short-term rental license or license renewal.

N.    Inspection. Any short-term rental applications submitted after April 15, 2015, shall be subject to inspection prior to commencement of the use by the City for compliance with this section.

1.    The Development Services Director or designee may conduct a site visit upon an application for a short-term rental to confirm the number of bedrooms stated on the application and the number, location and availability of on-site parking spaces. The site visit will be coordinated with the applicant and be conducted during normal business hours, and with reasonable notice.

2.    The Development Services Director or designee may visit and inspect the site of a short-term rental on a prescribed schedule to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice and other procedural safeguards as necessary. Code violations shall be processed in accordance with BDC Chapter 1.3, Enforcement. [Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2297, 2017; Ord. NS-2258, 2015; Ord. NS-2251, 2015; Ord. NS-2240, 2015]