2.1.300 Setbacks | Bend Development Code

2.1.300 Setbacks.

This section was recently amended by Ordinance NS-2487, codified in January 2024.

A. Purpose. Setbacks provide private outdoor living space, building separation for fire protection/security, building maintenance, and sunlight and air circulation. The setback standards encourage placement of residences close to the street for public safety and neighborhood security.

B. Setback Standards. The following setback standards apply to all structures, except as otherwise provided by this section or specified in this code. See also special setbacks permitted in BDC 3.6.200, Special Standards for Residential Uses, and BDC Chapter 3.8, Development Alternatives.

1. RL and UAR Districts. The minimum front setback is 20 feet.

a. Exception. On lots with multiple frontages within a platted land division, the 20-foot front setback must be applied to one of the frontages and the other frontages may be 10 feet; provided, that a garage and/or carport with a street access is set back a minimum of 20 feet.

2. RS, RM-10, RM, and RH Districts. The minimum front setback is 10 feet. Garages and carports with street access must be set back a minimum of 20 feet from the front property line.

3. Where streets with insufficient right-of-way abut the site, special setbacks apply in conformance with BDC 3.4.200(J), Special Setbacks.

1. RL and UAR Districts. The minimum rear setback is 20 feet.

Exception. In the RL Zone on corner lots within a platted subdivision, the minimum rear setback is 10 feet.

2. RS, RM-10, RM and RH Districts. The minimum rear setback is five feet.

Exception: Development in conformance with the provisions of BDC Chapter 3.8, Development Alternatives.

1. RL and UAR Districts. The minimum side setback is 10 feet.

2. RS, RM-10, RM and RH Districts. The minimum side setback is five feet.

Exception: Development in conformance with the provisions of BDC Chapter 3.8, Development Alternatives.

Table 2.1.300 – Typical Residential District Setbacks
	Front	Rear	Side
UAR	10 ft./20 ft.	20 ft.	10 ft.
RL	10 ft./20 ft.	10 ft./20 ft.	10 ft.
RS	10 ft., except garages and/or carports must be set back 20 ft.	5 ft.*	5 ft.*
RM-10, RM and RH	10 ft., except garages and/or carports must be set back 20 ft.	5 ft.*	5 ft.*

*When multi-unit residential, single-room occupancies with more than six units or nonresidential uses abut one or more dwelling units 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. Where a fractional number results, the number may be rounded down to the nearest whole number.

a. Where the side or rear wall of the garage faces the street, the front setback for the garage side or rear wall must be a minimum of 10 feet from the front property line for RS, RM, RM-10 and RH and 20 feet for RL. The garage must have a window(s) in the side or rear wall facing the street that is a minimum of six square feet.

b. Alley Access. Where an existing alley is less than 20 feet in width, the setback abutting the alley must be increased to provide a minimum of 24 feet for maneuvering and backing movements from garages, carports and/or parking areas. As shown in Figure 2.1.300, side entry garages that access an alley must also have a driveway with a minimum length of 20 feet from the garage door to the side property line.

c. Street Access. As shown in Figure 2.1.300, side entry garages that access a street must have a driveway with a minimum length of 20 feet from the front and side property lines.

2. Townhomes. Setbacks for lot lines where townhouse units are attached are zero.

3. Clear Vision Areas. All structures must comply with this section, except as necessary to comply with BDC 3.1.500, Clear Vision Areas.

4. Bridges. Bridges that form the driveway or pedestrian access from the abutting street or alley are permitted in the setbacks.

5. Architectural Features. Except as prohibited in subsection (F)(6) of this section, the following architectural features are allowed to encroach into the front, side and rear setbacks by no more than two feet provided a minimum setback of three feet is provided from the property line: eaves, chimneys including fireplace enclosures and chimney chases, bay windows up to eight feet in width, window wells, and similar architectural features.

6. Front Setbacks. The following may encroach into the front setback:

a. RL and UAR. An unenclosed covered or uncovered porch, patio, deck or stoop with a maximum floor height not exceeding 18 inches may be set back a minimum of 10 feet, as long as it does not encroach into a public utility easement. No portion of the structure can encroach closer than 10 feet including the architectural features in subsection (F)(5) of this section.

b. RS, RM, RM-10 and RH. An unenclosed covered or uncovered porch, patio, deck or stoop with a maximum floor height not exceeding 18 inches may be set back a minimum of six feet from the front property line, as long as it does not encroach into a public utility easement. No portion of the structure can encroach closer than six feet to the front property line including the architectural features in subsection (F)(5) of this section.

c. Stairs, ramps and landings that are not roofed or enclosed above or below the steps may be in the front setback when they follow the grade.

7. Side and Rear Setbacks. The following may encroach into the side and rear setback in the UAR, RL, RS, RM, RM-10 and RH:

a. An uncovered porch, patio, deck or stoop located above finished grade with a maximum floor height not exceeding 18 inches must be set back a minimum of 18 inches from the side and rear property lines, as long as it does not encroach into a public utility easement.

b. Uncovered patios at finished grade are exempt from setbacks as long as it does not encroach into a public utility easement.

c. Stairs, ramps and landings that are not roofed or enclosed above or below the steps may be in the side and rear setback when they are at ground level and follow the grade.

G. Prohibited in Setbacks. The following are prohibited, unless stated otherwise, within the following setbacks:

1. Front Setbacks. Satellite dishes greater than 18 inches in diameter, heat pumps and other similar objects.

2. Side and Rear Setbacks. Satellite dishes greater than 18 inches in diameter, heat pumps and other similar objects, unless screened for visual and noise abatement by a solid enclosure two feet higher than the object/use being screened.

3. Balconies. [Ord. NS-2487, 2023; Ord. NS-2463, 2023; Ord. NS-2423, 2021; Ord. NS-2389, 2020; Ord. NS-2353, 2019; Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2289, 2017; Ord. NS-2260, 2016; Ord. NS-2251, 2015; Ord. NS-2082, 2007; Ord. NS-2016, 2006]