Chapter 3.8
DEVELOPMENT ALTERNATIVES Revised 11/20 Revised 2/21

Sections:

3.8.100    Purpose and Applicability. Revised 11/20

3.8.200    Micro-Unit Development. Revised 11/20

3.8.300    Small Dwelling Unit Development. Revised 11/20

3.8.400    Infill Development. Revised 11/20

3.8.500    Cottage Housing Development. Revised 11/20

3.8.600    Courtyard Housing. Revised 11/20

3.8.700    Zero Lot Line Developments. Revised 11/20

3.8.800    Urban Dwelling Sites. Revised 2/21

3.8.100 Purpose and Applicability. Revised 11/20

This chapter supplements the standards contained in this code. It provides a variety of development alternatives to promote a diversity of dwelling unit types. Where there is a conflict between the provisions of this chapter and those of the underlying zone or other portions of the Development Code, the provisions of this chapter will control. [Ord. NS-2389, 2020]

3.8.200 Micro-Unit Development. Revised 11/20

A.    Applicability. Micro-unit developments are permitted in the RM-10, RM, RH, MU and MN Zoning Districts and in the Bend Central District. Micro-unit developments are also permitted as part of a mixed-use development in the Commercial and Mixed-Use Zoning Districts or as part of a neighborhood commercial site in the RS, RM and RH District.

B.    Maximum Density. The maximum density must not exceed that of the relevant zoning district and is based on the following calculation:

1.    Four micro-units equal one dwelling unit. Fractional units are rounded up.

a.    Exception to Density Maximums. When affordable housing is proposed the provisions of BDC 2.1.600(D) may be applied.

C.    Development Standards.

1.    The following table provides the numerical development standards:

Standards

RS & RM-10

RM

RH

Mixed-Use and Commercial Districts Zoning Districts

Minimum lot area

4,000 square feet for the first four micro-units plus 1,000 square feet per additional micro-unit

2,500 square feet for the first four micro-units plus 625 square feet per additional micro-unit

No minimum

No minimum

Minimum lot width at the front property line

40 ft.

30 ft.

30 ft.

No minimum

Corner lots or parcels must be at least five feet more in width than the minimum lot width required

Minimum lot depth

50 ft.

50 ft.

50 ft.

No minimum

Maximum lot coverage

50% for lots or parcels with single-story structures.

45% for all other lots or parcels.

60%

none

none

D.    Micro-Unit Size.

1.    Minimum Floor Area: 150 square feet.

2.    Maximum Floor Area: 400 square feet, exclusive of lofts.

a.    Exception. Accessible units designed to meet the accessible requirements of the current Oregon Building Code may be 450 square feet, exclusive of lofts.

E.    Private Facilities.

1.    Each micro-unit must contain the following:

a.    An area that includes the following at a minimum:

i.    Under-the-counter refrigerator with a dedicated outlet;

ii.    Contiguous countertop work area of not less than four square feet; and

iii.    Twenty-amp small appliance branch circuit located above the countertop work area.

b.    A bathroom that contains a toilet and a shower and/or bathtub.

c.    A sink. For the purposes of a micro-unit, the sink may be larger than 18 inches by 18 inches and will not be considered a kitchen.

2.    Restrictions.

a.    A kitchen is not allowed, except the sink required in subsection (E)(1)(c) of this section may be larger than 18 inches by 18 inches.

F.    Common Kitchen and Laundry Facilities.

1.    One common kitchen must be provided for every 10 micro-units or portion thereof. For purposes of this section, a common kitchen must include a sink larger than 18 inches by 18 inches, a refrigerator, and a stove, range top, or oven and be a minimum of 120 square feet in area.

2.    One common laundry facility must be provided for every 10 micro-units or portion thereof.

G.    Private and Common Space: The micro-unit development must contain private and/or common space consistent with the following:

1.    Private and common space may be satisfied by a selection or combination of the following:

a.    Private space: balconies, courtyards, decks/rooftop decks, gardens and patios.

b.    Common space: atriums, balconies, courtyards, decks/rooftop decks, gardens, patios, playgrounds/tot lots, swimming pools, gyms/exercise rooms, living rooms and dining rooms.

c.    Bathrooms, laundry facilities, storage (including bicycle storage), hallways, the main lobby, and kitchens do not count as private or common space.

2.    Private space must be provided with a minimum dimension of five feet on any side and common space must be provided with a minimum dimension of 10 feet on any side.

3.    The applicant must provide private or common space, or a combination thereof, consistent with the following:

a.    RS, RM and RH: minimum 10 square feet of private space or 20 square feet of common space per micro-unit.

H.    Design Standards. Micro-units are subject to the following standards. These standards are in addition to the regulations of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review, but replace the design standards of the underlying zoning district.

1.    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 micro-unit development’s enclosed ground floor area, 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 ground floor area, 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 ground floor area if there is enclosed floor area 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 November 20, 2020.

ii.    When the side or rear wall of the garage faces the street, provided the standards of BDC 2.1.300(F)(1)(a) are met.

2.    Orientation Standards.

a.    At least one front door entrance of the micro-unit development must orientate to an abutting street or open to a porch covered by either a roof or enclosed floor area. 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.    Micro-unit developments created by remodeling an existing structure.

I.    Off-Street Parking. The following parking requirements supersede parking requirements in BDC Table 3.3.300, Required Off-Street Vehicle Parking Spaces, and in BDC Chapter 3.6, Special Standards and Regulations for Certain Uses. Unless otherwise noted here, other sections of BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking, and BDC 2.7.3250, Parking, apply.

1.    RS, RM and RH: minimum one space per micro-unit.

a.    Exception: Micro-unit developments located within a quarter of a mile (1,320 feet as the crow flies) of a transit route may provide 0.5 parking spaces per micro-unit.

2.    Mixed Use Districts and Commercial Districts and Bend Central District: Minimum 0.5 spaces per micro-unit.

3.    The maximum is 150 percent of one per micro-unit.

4.    When four or more required spaces are provided, up to 50 percent of the required off-street parking spaces may be developed as compact parking spaces. Where a fractional number of compact spaces results, the allowed number of compact spaces is rounded down to the nearest whole number.

5.    Parking is prohibited between the street and the micro-unit development when more than three parking spaces are provided. When more than three parking spaces are provided, backing onto the street is not allowed.

6.    Off-street parking may be reduced in compliance with BDC 3.3.300(D) and in the Bend Central District in compliance with BDC 2.7.3250(A)(2).

J.    Trash receptacles. Trash receptacles must not be located within setbacks for property lines shared with single-family dwelling units. Trash receptacles must be screened on at least three sides with an evergreen hedge or solid fence or wall of not less than six feet in height and must be located for easy access by trash pick-up vehicles.

K.    Short-term rentals. The use of a micro-unit as a short-term rental is prohibited. [Ord. NS-2389, 2020]

3.8.300 Small Dwelling Unit Development. Revised 11/20

A.    Applicability. Small lot developments are permitted in the RS, RM-10 and RM Districts. Duplexes in the RM District may develop to the standards of the underlying zoning district and to BDC 3.6.200(H) or in compliance with this section.

B.    Permitted Uses.

1.    Single-family detached dwelling units.

2.    Duplexes.

3.    Accessory dwelling units and structures.

C.    Maximum Density.

1.    The maximum density must not exceed that of the relevant zoning district.

2.    Maximum Density Calculation. RS, RM-10 and RM density calculation is based on the following floor area rounded up to the nearest quarter:

a.    Dwelling units 600 square feet or smaller: 0.25 of a dwelling unit.

b.    Dwelling units 601 to 800 square feet: 0.50 of a dwelling unit.

c.    Exception to Density Maximums.

i.    When affordable housing is proposed the provisions of BDC 2.1.600(D) may be applied.

ii.    The maximum density standards do not apply to ADUs.

D.    Minimum lot size: 1,500 square feet.

E.    Maximum Lot Size.

1.    RS and RM-10: 3,999 square feet.

2.    RM: 2,499 square feet.

F.    Minimum lot width: 20 feet. Corner lots or parcels must be at least five feet more in width.

G.    Minimum Setbacks and Eave Exception. The standards of BDC 2.1.300, Setbacks, apply, except for the following:

1.    Side setback: Three feet.

2.    Rear setback: Three feet for a dwelling unit or accessory structure not exceeding 25 feet in height.

3.    Eave Exception. Eaves can be no closer than two feet to the side and rear property lines.

H.    Lot Coverage and Floor Area.

1.    There are no maximum lot coverage or floor area ratio requirements.

2.    The maximum floor area for any dwelling unit is 800 square feet, except accessory dwelling units (ADUs) must not exceed 600 square feet. When two dwelling units are developed on site (i.e., a duplex or a single-family detached dwelling unit with an ADU) the maximum total floor area permitted for all dwelling units is 1,200 square feet, cumulatively.

For example, a site may include an 800-square-foot single-family detached dwelling unit and a 400-square-foot ADU for a total of 1,200 square feet. In no case can the total square footage of all dwelling units on site exceed 1,200 square feet, cumulatively.

3.    The maximum floor area for all garages on site is 440 square feet, cumulatively.

I.    Garage Standards.

1.    The maximum combined garage door width facing the street is 60 percent of the total building width.

2.    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 ground floor livable space, except that:

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

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

c.    If there is no street-facing ground floor livable space as shown in Figure 3.8.300, there must be a balcony facing the street with a minimum dimension of six feet by 10 feet. Fifty percent of the balcony must be covered.

Figure 3.8.300 (Conceptual)

3.    Exemptions to Garage Door Standards.

a.    Existing garages legally constructed prior to November 20, 2020.

b.    When the side or rear wall of the garage faces the street, provided the standards of BDC 2.1.300(F)(1)(a) are met.

c.    Lots created after November 20, 2020, that are not adjacent to existing residentially designated properties.

J.    Parking Requirements.

1.    Minimum one space per small dwelling unit.

a.    Exception. No parking is required for ADUs.

2.    Up to 50 percent of the required off-street parking spaces may be developed to compact space size standards on site. Where a fractional number of compact spaces results, the allowed number of compact spaces is rounded down to the nearest whole number. [Ord. NS-2389, 2020]

3.8.400 Infill Development. Revised 11/20

Small vacant or underdeveloped properties overlooked by traditional development patterns can become economically viable development. Some lots in residential plan designations may have standard widths but may be unusually deep compared to other properties in the area. Unused space at the back of a lot may provide room for one or more lots. Infill development (as defined in BDC Chapter 1.2, Definitions) may be developed as flag lots, mid-block developments, T-courts, or shared courts in compliance with the following:

A.    Mid-Block Development. Mid-block developments provide an opportunity for the redevelopment of underutilized and oversized lots. Lots may be developed without frontage onto a public street when lot access is provided by mid-block lanes or shared lanes, as shown in Figure 3.8.400.A.

For the purpose of this subsection, a shared lane provides access from a local street to no more than four dwelling units, not including accessory dwelling units.

For the purpose of this subsection, a mid-block lane is a narrow private lane providing lot frontage and access for rear lot development.

Figure 3.8.400.A – Mid-Block Development

Before Infill

After Infill

1.    Applicability. Mid-block developments are permitted in the residential plan designations.

2.    Eligibility for Mid-Block Developments. To determine if an existing area is eligible for mid-block development, the following criteria must be met before applying the mid-block development standards:

a.    Minimum lot area: twice that required by the underlying zone.

b.    Minimum lot width: 20 feet wider than the width required by the underlying zone.

c.    Minimum lot depth: 150 feet.

d.    Maximum lot size: 10 acres including adjacent properties under common ownership.

Mid-block lanes are required when existing lot depths are 150 feet or greater and the surrounding pattern of development will facilitate mid-block lane development.

3.    Shared Lane and Mid-Block Lane Width.

a.    The minimum pavement width of a shared lane is 20 feet. The property owner must record a public access easement a minimum of 20 feet in width for a shared lane. Parking is not permitted on the shared lane.

b.    The minimum pavement width of a mid-block lane must be 28 feet and it must be recorded as a tract. The property owner must record a public access easement a minimum of 40 feet in width for a mid-block lane, encompassing curbs, sidewalks and lane widths. Parking is permitted on one side of the mid-block lane.

c.    The minimum shared lane and lane widths must be observed except as required by the Uniform Fire Code or by the City Standards and Specifications when public utilities are present.

4.    Shared Lanes and Mid-Block Lane Improvements. The shared lanes and mid-block lanes must meet the standards for private streets, per BDC Chapter 3.4, Public Improvement Standards. Curb-tight sidewalks are required on both sides of a mid-block lane. Sidewalks are not required on shared lanes.

5.    Maximum Shared Lane and Mid-Block Lane Length.

a.    The maximum shared lane length is subject to requirements of the Uniform Fire Code, but must not exceed 150 feet, without connecting to a mid-block lane.

b.    The maximum length of a mid-block lane must not exceed 600 feet between intersections of a public street. A mid-block lane must connect to public streets at both ends.

c.    The mid-block lane and shared lane must be constructed to meet Oregon Fire Code and Fire Department emergency access standards and required turning radius for emergency vehicles.

6.    Future Street Plans. Building placement and alignment of shared lanes and mid-block lanes must be designed so that future street connections can be made as surrounding properties develop.

7.    Mid-block lanes do not satisfy the standards of BDC 3.1.200(D), Street Connectivity and Formation of Blocks.

B.    Flag Lots.

1.    Applicability. Flag lots are permitted in the residential plan designations.

2.    Eligibility for Flag Lots. Flag lots may be created only when mid-block lanes cannot be extended to serve future redevelopment. Flag lot development is not permitted on collector or arterial streets.

3.    Development Standards. Flag lots must comply with the following standards:

a.    The minimum lot frontage and pole for a flag lot must be 15 feet.

b.    When a shared lane serves two or more properties, the shared lane width must be a minimum of 20 feet. The shared lane must have a reciprocal access and maintenance easement recorded for all lots or parcels.

c.    There must be no more than two abutting flag poles.

d.    No fence, structure or other obstacle may be placed within the shared lane alignment.

e.    Residential lots created as flag lots are subject to floor area ratio (FAR) in conformance with BDC 2.1.400. For calculating FAR the flag pole area of the lot is not counted.

f.    Lot width and depth is measured at the midpoint of opposite lot lines of the flag portion of the lot. For the purposes of flag lots, lot width and depth may be measured in either direction.

g.    The lot lines in the flag portion are either side or rear lot lines.

Figure 3.8.400.B

C.    T-Courts.

1.    Applicability. T-courts are permitted in the residential plan designations.

2.    Eligibility for T-Courts. T-courts are intended to facilitate infill development and redevelopment of properties when no other development alternative exists.

3.    Development Standards. T-courts must comply with the following standards:

a.    T-courts must be private streets. Minimum access way width must be 40 feet and must be recorded as an easement or a tract. The access width must include public or private utility easements as needed.

b.    Minimum pavement width must be 24 feet.

c.    The maximum length of the T-court is 150 feet from the property line of the private tract or easement to the end of the T-court and is terminated by a rectangular or “hammerhead” vehicle turnaround.

d.    No parking is allowed within the T-court. “No Parking” signs are required and must be maintained.

e.    A pedestrian pathway must be provided at the “T” to abutting streets or where appropriate to connect to adjoining development. If the pedestrian pathway connects to abutting streets, a public access easement must be recorded on the property.

f.    The T-court must only provide access to lots and parcels that have frontage on the T-court.

g.    Residential lots and parcels created by T-court development are subject to floor area ratio (FAR) in conformance with BDC 2.1.400.

Figure 3.8.400.C

D.    Shared Courts. Shared courts must comply with the following standards:

1.    Applicability. Shared courts are permitted in RM and RH Zoning Districts and in the Mixed-Use Zoning Districts where standalone residential uses are permitted in Table 2.3.200, Permitted and Conditional Uses.

2.    Permitted and Conditional Uses.

a.    RM and RH Zoning Districts. Residential uses listed in Table 2.1.200, Permitted and Conditional Uses, in compliance with the corresponding zoning district.

b.    Mixed-Use Zoning Districts. Standalone residential uses permitted in Table 2.3.200, Permitted and Conditional Uses, in compliance with the corresponding zoning district.

3.    Development Site.

a.    Must not exceed 1.1 acres.

b.    Must comply with the minimum frontage requirements of the underlying zone.

4.    Shared Court Lots and Parcels.

a.    No minimum lot size.

b.    The private access drive provides frontage for the interior lots or parcels. Property lines abutting the private access drive are considered front property lines.

c.    The setbacks of the underlying zoning district apply except the following front setbacks apply to property lines abutting the private access drive:

i.    The minimum front setback is five feet for enclosed livable spaces.

ii.    Garage entrances accessing the private access drive must be set back at either five feet from the property line, or a minimum of 20 feet from the property line. If the garage entrance is set back five feet from the property line, it may not be located closer to the front property line than the ground floor enclosed livable space of the dwelling unit. See Figure 4.3.700.D.

5.    Private Access Drive.

a.    Vehicular access must be from the private access drive. For purposes of this subsection, a private access drive provides vehicular access to dwelling units and off-street parking areas within the shared court and is not a street or road. The access must not extend to abutting properties.

b.    Minimum access width and pavement width must be 24 feet, unless the Oregon Fire Code requires wider widths (i.e., aerial access and fire hydrant placement) and must be recorded as a tract and include a public access easement.

c.    For private access drives that dead end, the maximum length permitted is 150 feet from the nearest curb or edge of pavement to the end of the shared court.

d.    Except for corner development sites, private access drives must not allow through movement of vehicles to different streets unless allowed by the City Engineer, which may impose additional conditions of approval or design requirements.

e.    A pedestrian pathway must be provided at the end of the private access drive when it would connect to abutting streets or where appropriate to other developments. If the pedestrian pathway connects to abutting streets, a public access easement must be recorded on the property.

6.    Public Utility Easement.

a.    A minimum three-foot-wide public utility easement must be provided on each side of the private access drive when public utilities are proposed to serve the lots. The City Engineer and/or the public franchise utilities may require wider utility easements.

7.    City of Bend Water and Sewer Utilities. Conformance is achieved when one of the following options is met:

a.    Utilities are located in the private access drive and include a public sewer main and private water laterals; or

b.    Utilities are located in the private access drive and all utilities are public.

c.    All public mains must be within a public utility easement in conformance with the City of Bend Standards and Specifications.

8.    Off-Street Parking.

a.    Dwelling Units: See Table 3.3.300, Required Off-Street Vehicle Parking Spaces. Required parking spaces may be provided in tandem.

b.    Guest parking: 0.25 spaces per dwelling unit. Where a fractional number of spaces results, the required number of spaces must be rounded down to the nearest whole number.

c.    No parking is allowed within the private access drive. “No Parking” signs are required and must be maintained.

d.    Common off-street parking, including guest parking, may abut the private access drive when located outside of the minimum required dimensions of the private access drive. The off-street parking must be located in a common tract and the homeowners’ association must be responsible for enforcing this requirement.

e.    Parking is prohibited between the street and the dwelling units.

9.    Design Standards.

a.    Front Door.

i.    Dwelling units that abut a street must have the front door entrance oriented toward the street frontage. A three-foot or wider path that is physically separated from the private access drive must be provided from the sidewalk to the front door.

ii.    Dwelling units that are on the interior of the shared court development must have the front door entrance oriented toward the private access drive 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:

(A)    Meet a minimum area of 20 square feet;

(B)    Meet a minimum depth of four feet; and

(C)    Have an entry that faces the private access drive.

10.    BDC 3.6.200(D) does not apply to shared court developments.

11.    Trash Receptacles. Each dwelling unit must provide an enclosure area for trash and recycling or a common receptacle area must be provided. The trash receptacle area may be located in a garage; provided, that it does not interfere with required vehicle parking (nine feet by 20 feet). A common receptacle must not be located within setbacks from property lines shared with existing residential developments and must be screened on at least three sides with a solid fence or wall of not less than six feet in height. Receptacles must be located for easy access by trash pick-up vehicles.

12.    Covenants, Conditions and Restrictions. Subsequent to final plat approval but prior to issuance of a building permit for any structure in a shared court development, a set of conditions, covenants and restrictions (CC&Rs) for the development must be reviewed and, if approved by the City, recorded with Deschutes County. The CC&Rs run with the land and may be removed or modified only upon approval of the City of Bend. The CC&Rs must create a homeowners’ association that will provide for maintenance of all common areas including the private access drive and common off-street parking areas in the development.

Figure 3.8.400.D (Conceptual)

[Ord. NS-2389, 2020]

3.8.500 Cottage Housing Development. Revised 11/20

A.    Purpose. The purpose of this section is to:

1.    Provide a housing type that responds to differing household sizes and ages (e.g., retirees, small families, single-person households), and offers opportunities for affordability;

2.    Provide opportunities for small, single-family dwellings in several residential zoning districts by creating special land division and on-site development regulations that allow this type of use;

3.    Encourage creation of usable open space for residents of the development through flexibility in density and development standards;

4.    Support growth management through efficient use of urban residential land; and

5.    Provide regulations to ensure compatibility with surrounding uses.

B.    Applicability. Cottage housing developments are allowed in the following districts: Standard Density Residential (RS), Medium Density Residential (RM) and Medium-10 Residential (RM-10).

The procedures and criteria of BDC Chapter 4.3 apply to cottage housing subdivisions. If a cottage housing development is proposed with multiple units on an individual lot, site plan and design review apply in accordance with the procedures of BDC Chapter 4.2. All cottage housing developments are reviewed through a Type II process.

C.    Density.

1.    Minimum Density. The minimum density for CHDs is as follows:

a.    RS and RM-10 Districts: four dwelling units per gross acre.

b.    RM District: 12 dwelling units per gross acre.

2.    Maximum Density. The maximum density must not exceed that of the relevant zoning district.

3.    Maximum Density Calculation. RS, RM-10 and RM density calculation is based on the following floor area:

a.    Dwelling units 600 square feet or smaller: 0.25 of a dwelling unit.

b.    Dwelling units 601 to 1,200 square feet: 0.50 of a dwelling unit.

4.    Exception to Density Maximums. When affordable housing is proposed the provisions of BDC 2.1.600(D) may be applied.

D.    Development Area. Cottage housing developments must contain a minimum of four and a maximum of 12 cottages arranged in a cluster. A cottage housing development may contain more than one cluster.

E.    Existing Uses. On a site to be used for a CHD, existing detached single-family dwellings, which may become nonconforming with respect to the standards of this section, are permitted to remain, but the extent of the nonconformity may not be increased. The nonconforming dwelling units must be included in the maximum permitted cottage density.

F.    Lot Coverage and Floor Area.

1.    There is no maximum lot coverage for cottage housing developments.

2.    There is no minimum lot size for cottage housing developments.

3.    The maximum floor area per dwelling unit is 1,200 square feet. Garages are not included in the calculation of the total floor area. The maximum floor area is defined as the area included within the surrounding walls of a cottage building on all levels.

G.    Setbacks and Building Separation. Because CHDs are a unique type of development, setbacks are measured differently than for a traditional development. The exterior boundary of the CHD development area is considered to be the edge of the development area for the purposes of calculating perimeter setbacks from surrounding properties. For buildings on lots within the CHD, the separation between other on-site buildings is measured, not the distances to interior property lines, unless setbacks from property lines are necessary to meet the building code (interior setbacks).

1.    Perimeter Setbacks.

a.    The minimum front setback is 10 feet.

b.    The minimum setback from all other exterior boundary property lines is five feet.

2.    Interior Building Separation.

a.    There must be a minimum separation of six feet between the eaves of the cottages. On cottage sides with a main entrance, the minimum separation is 10 feet. Structures other than cottages must meet minimum building code setback requirements.

H.    Required Common Open Space. Common open space is intended to be an amenity shared by all residents of the cottage housing development.

1.    Provide a centrally located open space area for the cottage housing development and have cottages abutting at least two sides.

2.    Contain a minimum of 400 square feet per cottage.

3.    At least 50 percent of the cottages must abut a common open space.

4.    Each cottage must be connected to the common open space by a pedestrian pathway.

5.    Areas such as utility vaults, perimeter setbacks and common parking areas and driveways are not counted in the common open space requirements.

6.    Common open space may contain an ASI or drainage swale area, provided the area is usable open space.

7.    Required common open space must be provided at ground level in a contiguous commonly owned tract with an easement indicating that it benefits all lots in the CHD.

8.    Common open space must have a minimum average width of 20 feet.

9.    The common open space areas must be constructed and landscaped prior to filing a final plat or, in the case of a site plan, construction and landscaping will be tied to final occupancy of the first cottage.

10.    The common open space must be recorded as a perpetual open space to benefit all residents of the cottage housing development prior to filing a final plat or prior to obtaining a building permit.

I.    Required Private Open Space. Private open space adjacent to each cottage is intended for the exclusive use by the cottage resident.

1.    Provide a total of 400 square feet of private open space that includes a minimum of 200 square feet of contiguous usable open space adjacent to each cottage with no dimension less than 10 feet. Covered entries and uncovered patios and decks in excess of the required 80 square feet in subsection (J)(2) of this section may be included in the private open space calculation.

J.    Development Standards.

1.    At least 50 percent of the cottages must be oriented around and have their main entrance facing the common open space.

2.    Each cottage must include a covered entry and/or an uncovered patio or deck. Cottages that abut the common open space must orient the covered entry and/or uncovered patio or deck to the common open space. Conformance with these standards is achieved when each cottage includes one of the following:

a.    A covered entry of at least 80 square feet with a minimum dimension of six feet on any side;

b.    An uncovered patio or deck of at least 80 square feet with a minimum dimension of six feet on any side. When the cottage abuts the common open space, a landscape buffer no less than three feet in width must be provided between the uncovered patio or deck and the common open space. The buffer must include a fence, wall or similar structure not to exceed three and one-half feet in height, except decorative arbors, gates, and similar features which must not exceed six feet in length; or

c.    A combination of subsections (J)(2)(a) and (b) of this section that is at least 80 square feet with a minimum dimension of six feet on any side of the covered entry and uncovered patio or deck.

3.    Pedestrian pathways in compliance with BDC 3.1.300(B) must be included to provide for movement of residents and guests from parking areas to homes and other amenities. These pathways must be shown on the subdivision tentative plan or site plan and be part of the common areas/tracts.

4.    Individual detached garages cannot exceed 450 square feet of floor area and no more than 18 feet in height. Only one garage is allowed per cottage.

5.    Accessory dwelling units are not permitted in cottage housing developments (CHDs).

6.    Accessory structures for common usage are allowed in the common open space areas. Other accessory structures (except garages) are prohibited.

K.    Parking. Parking for CHDs must be located on the CHD property and identified on the tentative subdivision plan and/or site plan. On-site parking must meet the following standards:

1.    Parking may be located within an enclosed garage, carport or unenclosed parking space.

2.    Parking may be located in common tracts if intended to be shared by the entire CHD in groups of not more than five adjoining spaces separated by at least four feet of landscaping. An enclosed garage or carport intended to be shared by the entire CHD must not exceed 1,200 square feet in size.

3.    Parking must not be located in the perimeter setbacks and must be screened from public streets and adjacent residential uses by a landscape buffer containing landscaping and/or architectural screening. The width of the landscape buffer is the same width as the perimeter setbacks.

4.    Parking is allowed between or adjacent to structures only when it is located toward the rear of the cottage and is served by an alley or private driveway.

5.    Off-street parking requirements are calculated based on the number of bedrooms per cottage unit:

a.    One bedroom: minimum one space.

b.    Two bedrooms: minimum 1.5 spaces.

c.    Three or more bedrooms: minimum two spaces.

6.    All parking must provide a minimum of 24 feet for maneuvering and backing movements from garages, carports and/or parking areas.

L.    Frontage Requirements. Individual cottage lots created as part of a CHD subdivision are not required to have frontage on a public or private street. However, the development site must have the minimum frontage on a public or private street as required by the underlying zone.

M.    Public Utilities. All lots must be served by individual services from a private or public distribution main. Any deviations from City standards must be approved by the City Engineer. Private services, franchises, sewer and water, must not cross property lines unless there is no means of providing private service laterals from a distribution main, as approved by the City Engineer. Where private services are permitted to cross property lines, the services must be placed in an easement.

N.    Covenants, Conditions and Restrictions. Subsequent to final plat approval but prior to issuance of a building permit for any structure in a cottage housing development, a set of conditions, covenants and restrictions (CC&Rs) for the cottage housing development must be reviewed and, if approved by the City, recorded with Deschutes County. The CC&Rs run with the land and may be removed or modified only upon approval of the City of Bend. The CC&Rs must create a homeowners’ association that will provide for maintenance of all common areas in the cottage housing development. [Ord. NS-2389, 2020]

3.8.600 Courtyard Housing. Revised 11/20

A.    Applicability. Courtyard housing developments are allowed in the following districts: Standard Density Residential (RS), Medium Density Residential (RM) and Medium-10 Residential (RM-10). Courtyard housing is a conditional use permit in the Low Density Residential (RL) District unless permitted through a master plan in BDC Chapter 4.5, Master Planning and Development Alternatives.

B.    Permitted Uses.

1.    Single-family detached dwelling units.

2.    Duplexes.

3.    Accessory dwelling units and structures.

C.    The following standards are intended to promote compatibility and privacy between abutting buildings and allow for building maintenance:

1.    Detached courtyard houses on individual lots and parcels are subject to the standards of the underlying zoning district, except that the three-foot minimum side setback is required on one side of a typical lot as shown in Figure 3.8.600.A.

2.    Setbacks Abutting a Non-Courtyard Development. When a courtyard house shares a side property line with a non-courtyard house (including vacant lots), the courtyard building must be set back from the common property line by a minimum of seven feet.

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

4.    Buffering. The building placement, landscaping, and/or design of windows must provide a buffer for the occupants of abutting courtyard lots. For example, this standard is met by placing ground-floor windows (along the courtyard 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 abutting non-courtyard lots.

Figure 3.8.600.A – Courtyard Housing

[Ord. NS-2389, 2020]

3.8.700 Zero Lot Line Developments. Revised 11/20

A.    Applicability. Zero lot line developments are allowed in the following districts: Standard Density Residential (RS), Medium Density Residential (RM) and Medium-10 Residential (RM-10).

B.    Permitted Uses.

1.    Single-family detached dwelling units.

2.    Duplexes.

3.    Accessory dwelling units and structures.

C.    A zero lot line dwelling unit may be permitted in conformance with the following requirements:

1.    The lot or parcel abutting the zero side setback must be, at the time of initial construction, under the same ownership; or the zero lot line dwelling unit must be within a land division specifically developed for zero lot line dwelling units, thereby ensuring that the zero setback will not adversely impact abutting property owners.

2.    Side Setbacks.

a.    A zero lot line dwelling unit may deviate from the required side setback by being located on one side property line.

b.    The side setback from the lot line located opposite of the zero lot line is 10 feet, except small dwelling unit developments may have a six-foot setback.

c.    The side setback reduction does not apply to the setbacks abutting lots or parcels that are not part of the zero lot line development.

3.    In order to maintain privacy, no windows, doors, air conditioning units, or any other types of openings in the walls along a zero lot line will be allowed.

4.    Easements. An easement related to maintenance and drainage of at least five feet in width must be provided on the lot or parcel abutting the zero lot line property line which, with the exception of walls and/or fences, must be kept clear of structures. The easement must not include utilities. This easement must be shown on the final plat and incorporated into each deed transferring title on the property.

[Ord. NS-2389, 2020]

3.8.800 Urban Dwelling Sites. Revised 2/21

A.    Applicability. Urban Dwelling Sites are permitted in the CL, CG and ME Zoning Districts. There must be no more than a total of 40 cumulative acres developed as Urban Dwelling Sites within the city limits. Where the regulations of this section are not specific, the standards of the relevant zoning district prevail.

B.    Review Process.

1.    Step 1. The approval of a development application in conformance with BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review (Type II process).

2.    Step 2. The development site will be shown on the Zoning Map as an Urban Dwelling Site. The denotation on the Zoning Map may be added or removed administratively by staff upon approval, withdrawal or expiration of the development application.

C.    Duration of Approval. The development approval is void one year after the date the decision becomes final if building permits have not been issued. A one-year extension may be approved in accordance with BDC 4.1.1310, except a two-year extension may be approved for affordable housing developments in accordance with BDC 3.6.200(C)(1) through (3) and 4.1.1310.

D.    Urban Dwelling Site Standards. The development site must comply with the following:

1.    Have been located in City limits prior to December 6, 2016;

2.    Be located south of Empire Avenue except as shown on Figure 3.8.800.D;

3.    Be located within a quarter of a mile (1,320 feet) of a transit route;

4.    Be equal to or less than five acres; and

5.    Not be located in an Opportunity Area as shown on Comprehensive Plan Figure 11-1: Core Area, Transit Corridors, and Opportunity Areas, and not be located in any Special Planned District, Refinement Plan, Area Plan or Master Plan in BDC Chapter 2.7.

Figure 3.8.800.D

In order to be eligible for development of an Urban Dwelling Site, a site must meet the Urban Dwelling Site Standards in this subsection (D).

E.    Permitted Uses.

1.    Accessory dwelling units, single-family attached townhomes, duplexes, triplexes and multifamily.

2.    Micro-unit developments are permitted as an Urban Dwelling Site in the CL, CG and ME Zoning Districts. (See BDC 3.8.200, Micro-Unit Developments.)

F.    Density. The minimum residential density standards of the RH Zone apply. There is no maximum density.

G.    Development Standards. The following table provides numerical development standards for Urban Dwelling Sites. Micro-unit developments must comply with this subsection (G) instead of BDC 3.8.200(C). The setback standards outlined in Table 3.8.800 apply to all new buildings and any building expansion.

Table 3.8.800

Standards

CL

CG

ME

Minimum lot area

No minimum

No minimum

No minimum

Maximum lot area

5 acres

5 acres

5 acres

Minimum lot width

15 feet

15 feet

15 feet

Minimum front setback (see subsection (G)(1) of this section)

10 feet

10 feet

None

Maximum front setback (see subsection (G)(1) of this section)

10 feet

10 feet

10 feet

Rear and side setback

None

None

None

1.    Front Setbacks.

a.    For buildings on sites with more than one frontage or through lots, the maximum front setbacks in Table 3.8.800 apply as follows:

i.    For corner lots with two frontages, the maximum setback applies to both street frontages.

ii.    For through lots with two frontages, the maximum setback applies to only one of the frontages; provided, that where the abutting streets are of different street classification, the maximum setback applies to the street with the higher classification.

iii.    For properties with three or more frontages, the maximum setback applies to two contiguous frontages. Where the streets are of different street classifications, one of the maximum setbacks must apply to the street with the highest classification.

b.    The maximum setback standard may be increased as necessary to accommodate an approved usable space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, outdoor dining area or landscaped area with seating) between the building and front property line.

c.    Fences (except if less than three and one-half feet in height for outdoor patios and dwelling units), storage and parking are not allowed in the front setback.

d.    Awnings, marquees, balconies, overhangs, fabric tensile structures, building appendages, or other projections may extend into the front setback.

2.    Transition Standards. When multifamily residential abuts a detached single-family dwelling unit in the RL or RS District, the setback abutting the RL or RS District must increase one-half foot for each foot by which the building height exceeds 20 feet.

H.    Design Standards. Development is subject to the following design standards. These standards are in addition to the regulations of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review, but replace the design standards of the underlying zoning district and all the standards in BDC 3.6.200(D), Single-Family Attached Townhomes, 3.6.200(H), Duplex and Triplex Development, 3.6.200(I), Residential Uses within Commercial Districts, and 3.8.200(H).

1.    Building and Entry Orientation. Each building must provide a primary building entrance oriented to each abutting street.

2.    Transparency. Facades must include transparency/glazing (i.e., glass windows and/or glass doors) totaling a minimum of 25 percent of the ground level wall area and 20 percent of the upper level(s) wall area, as shown in Figure 3.8.800.H. Ground level wall area includes the exterior wall area up to 10 feet above the finished grade.

Figure 3.8.800.H

3.    Building Articulation. One or more of the following facade treatments must be incorporated on each level of all street-facing facades:

a.    Building offsets (projections or recesses) at least two feet deep and six feet wide;

b.    Upper level balconies (projecting or recessed) at least six feet wide;

c.    Building canopies, awnings, pergolas, architectural sun shade structures, or similar weather protection (minimum projection of four feet for overhead weather protection when located on the ground level and over a sidewalk or other pedestrian space);

d.    Transparency greater than the minimum required by subsection (H)(2) of this section;

e.    Recessed building entries at least six feet wide;

f.    Use of masonry material (i.e., brick, brick veneer, stone, concrete, or stucco) for a minimum of 75 percent of the total wall area of the street-facing facade level as measured from floor-to-floor height, not including windows; and/or

g.    On upper levels, use of two or more facade materials and/or facade colors.

I.    Parking. The minimum number of required off-street vehicle parking spaces is established below. The number of parking spaces provided by any particular use in ground surface parking lots must not exceed the required minimum number of spaces provided by Table 3.3.300, Required Off-Street Vehicle Parking Spaces, by more than 50 percent. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, do not apply toward the maximum number of allowable spaces. Parking spaces provided through “shared parking” also do not apply toward the maximum number.

1.    Single-family attached townhome, duplex, triplex and multifamily residential: one space per dwelling unit.

2.    Micro-unit developments: one-half space per micro-unit. See BDC 3.8.200(I) for off-street parking requirements.

3.    Affordable housing projects in accordance with BDC 3.6.200(C)(1) through (3): one-half space per affordable dwelling unit.

J.    Urban Dwelling Sites are subject to the provisions in BDC 2.1.1000 with the following exceptions:

1.    The common open space requirement in BDC 2.1.1000(B)(1) does not apply to any property with a residential building located within one-quarter mile of a public park; and there is a direct, accessible, and maintained trail or sidewalk between the development and the park that does not cross an arterial or collector street.

2.    Micro-unit developments in the CL, CG and ME Zoning Districts are exempt from BDC 2.1.1000.

K.    Lots and parcels may have one access point, except as authorized in BDC 3.1.400(F)(4)(c). [Ord. NS-2390, 2020]