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The following table provides the general numerical development standards within the Commercial Districts. Additional standards are contained in subsections (A), (B) and (C) of this section.

Table 2.2.400. Commercial Zoning District Development Standards

STANDARD

CB

CC

CL

CG

Minimum Front Yard Setback, see note (1) below

None

None

10 feet

10 feet

Maximum Front Yard Setback, see note (1) below and subsection (A) of this section

– From street with on-street parking

10 feet

10 feet

10 feet

10 feet

– From street without on-street parking

10 feet

80 feet

80 feet

80 feet

Minimum Rear Yard Setbacks

None

None

None

None

Minimum Side Yard Setbacks

None

None

None

None

Maximum Lot Coverage

None

None

None

None

Maximum Building Height

35 to 70 feet

Subject to the provisions of BDC 2.2.800

35 feet, except within 100 feet of the Deschutes River where height may be further limited subject to WOZ Review

55 feet, except within 100 feet of the Deschutes River where height may be further limited subject to WOZ Review

55 feet, except within 100 feet of the Deschutes River where height may be further limited subject to WOZ Review

Minimum Floor Area Ratio

Floor Area Ratio of 2:1

None

None

None

Maximum Building Footprint, see note (2) below

None

50,000 sq. ft.

None

None

1Subject to the special setback standards of BDC Chapter 3.4 and the site layout and building orientation standards of BDC 2.2.500.

2See subsection (C) of this section.

A. Setbacks. In some of the Commercial Districts, buildings are placed close to the street to create a vibrant pedestrian environment, to slow traffic, provide a storefront character to the street, support future transit service, and encourage walking. The setback standards are flexible to encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed-use buildings for walkable Commercial Districts.

1. Applicability. Except as modified by this section and BDC 2.2.500, Site Layout and Building Orientation, the setback standards contained in Table 2.2.400 apply to all new construction and expansion of existing buildings within the Commercial Districts.

2. Maximum Setback Calculation. Where more than one building is proposed on a site, conformance with the maximum setback standard is achieved when no less than 40 percent of the site’s frontage on a public or private street is occupied by one or more buildings that conform with the building setback and orientation standards of this chapter. The maximum setback standard may be increased as necessary when an approved usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area or a public square with seating) is provided between the building and front property line. (See also BDC 2.2.600, Commercial Design Review Standards, and 2.2.700, Pedestrian Amenities, for related building entrance standards.)

3. Front Yard Setbacks.

a. General Standards. See Table 2.2.400, Commercial Zoning District Development Standards.

b. Multiple Frontage and Corner Lots. For buildings on sites with more than one street frontage or through lots, the minimum front yard setback standards in Table 2.2.400 shall be applied to all street frontages. However, the maximum setback standard shall be applied to only one of the frontages. Where the abutting streets are of different classifications, the maximum setback standard shall be applied to the higher classification of street.

c. Exception to Front Yard Setbacks. This exception applies to all Commercial Zones except the CB Zone.

i. In the CL, CC and CG Zones, when the street fronting the development does not allow on-street parking, the maximum front yard setback of 80 feet shall apply.

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

4. Rear Yard Setbacks.

a. There is no minimum rear yard setback, except that buildings shall conform to the clear vision standards in BDC 3.1.500.

b. Building transition standards in conformance with this subsection apply when abutting a Residential Zone.

c. The applicable fire and building codes for attached structures, firewalls, and related requirements apply.

5. Side Yard Setbacks.

a. There is no minimum side yard setback, except that buildings shall conform to the clear vision standards in BDC 3.1.500.

b. Building transition standards in conformance with this subsection apply when abutting a Residential Zone.

c. The applicable fire and building codes for attached structures, firewalls, and related requirements apply.

6. Transition Standards.

a. Nonresidential buildings abutting a Residential Zone shall be set back a minimum of 10 feet from the Residential Zone. The minimum setback distance for any portion of a commercial, mixed-use, or nonresidential building exceeding 25 feet in height shall increase one foot for each additional foot of building height over 25 feet.

b. A landscape buffer of no less than five feet is required along the abutting Residential Zone. The landscape buffer, to the extent practical, shall provide both a visual and auditory buffer that includes trees, shrubs and ground cover.

c. When uses other than a building (i.e., parking, driveway, storage, loading) are built to the edge of the required minimum setback, buffering in addition to the minimum landscaping (i.e., fencing or wall) may be required as a condition of Site Plan Review approval to mitigate the impacts on the abutting Residential Zone.

B. Height. All buildings in the Commercial Districts shall comply with the height standards contained in Table 2.2.400 unless excepted below or in compliance with a variance approval.

1. Residential Exception. The maximum height may be increased by 10 feet above the maximum allowed height when residential uses are provided above the ground floor (“vertical mixed use”), except for buildings along the west side of Brooks Street where the maximum building height is 35 feet regardless of use. The building height increase for residential uses applies only if the top floor is residential and does not apply to buildings that have variance approval to exceed the permitted height.

Figure 2.2.400 – Building Height Diagram (Residential Exception)

C. Convenience Commercial Development Standards. The purpose of this subsection is to provide special development standards for the development of new uses within the CC Zone. The zone is intended to provide locations for a wide range of small and medium sized businesses and services as a convenience to surrounding residents. The CC Zone has the following limitation on uses:

1. Maximum Building Size. The maximum building size is 50,000 square feet per building, unless a larger area is approved through a conditional use permit. [Ord. NS-2463, 2023; Ord. NS-2271, 2016; Ord. NS-2195, 2013; Ord. NS-2016, 2006]