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A. Purpose. The development and design standards contained in this section have been adopted to regulate development in the Central Business Zoning District to protect and enhance the downtown core area of Bend.

B. Applicability. The development and design standards of this section apply to all areas within the CB Zone. The standards of this section are in addition to the site plan review regulations of BDC Chapter 4.2. The standards of this section are in lieu of the commercial design standards of BDC 2.2.600.

Major advantages of the development and design standards include:

Ensuring that future development is consistent with the CB Zone’s existing pedestrian-oriented scale of buildings.

Strengthening the downtown area as the heart of the community, and as a place for people and business.

Improving and expanding downtown’s economic base to meet future opportunities.

Enhancing the physical appearance of downtown through high-quality design.

Preserving and enhancing downtown through refined design standards.

C. Exempt Development. No development approval is required for exempt development. Exempt development includes:

1. Landscaping or landscape alterations.

2. Repair or maintenance of public or private buildings, structures, landscaping, roads and/or utilities that present a risk to public safety. Maintenance of the exterior of an existing structure such as window and door replacement, re-painting, re-roofing, or re-siding where similar materials and colors are used is also exempt.

3. Construction of a structure that does not require a building permit.

4. Interior remodeling.

5. Temporary structures and uses which are for relief of victims of disaster or an emergency.

D. Nonexempt Development. Any development in the CB Zone that does not qualify as exempt development shall meet the development standards in this chapter in addition to the site development and design standards in this section.

E. Application Process. The City will review compliance with the development and design standards of this section. Approval shall be obtained prior to the issuance of a building permit for all nonexempt development. Nonexempt development in the CB Zone must follow one of the two tracks for obtaining Design Review approval:

1. Track 1 – Administrative Review of Compliance with Design Standards. Track 1 requires applicants to meet objective development and design standards. Design standards are quantifiable and measurable. These applications are reviewed through the Type II process, which reduces the amount of time that it takes to get the project reviewed. Track 1 provides an efficient time saving alternative to Track 2.

2. Track 2 – CB Zone Design Review of Compliance with Design Guidelines. Track 2 similarly requires applicants to meet objective development standards, but does not require some or all of the design standards. In the Track 2 process, applications are reviewed through the Type III process before the Planning Commission. During their review, the Planning Commission will determine whether an application meets the design guidelines. Unlike design standards, design guidelines are discretionary. In Track 2, the intent statements serve as the criteria for determining if the “intent” of the design standard is being met. In Track 2, applicants are required to identify how their proposed site/building plan meets the intent statements of the design standards, and why specific objective standards cannot be met.

F. Application Requirements. If the development is “nonexempt,” the applicant shall file an application for CB Zone Design Review with the City. The application may be filed in conjunction with other permits when the property is subject to other development approvals. The application shall be accompanied by pertinent materials containing information as specified by the City.

G. Approval Process. The development standards of subsection H of this section shall be applied to CB Zone Design Review applications either by staff for Track 1 applications or by the Planning Commission for Track 2 applications.

H. Development Standards. The development standards for the CB Zone ensure that new projects in the CB Zone will be compatible with the desired scale and character of downtown Bend. For all development subject to design review, the following standards apply:

1. Minimum Floor Area Ratio (FAR). The minimum FAR is 2:1.

2. Maximum Building Height. No building or structure shall be erected, enlarged or structurally altered to exceed the height regulations listed below.

The maximum allowable building height limits in the CB Zone are as follows:

a. On CB Zone properties between Franklin Blvd. and Newport Ave. on the west side of Brooks Street and Brooks Alley, the maximum allowable building height limit is 35 feet. A Class B variance to exceed the height limit by no more than five feet may be allowed in this area if approved by the Planning Commission through a Type III process.

b. On CB Zone properties east of Brooks Street and west of the alley between Wall and Bond Streets, the maximum allowable building height limit is 45 feet.

c. On CB Zone properties east of the alley between Wall and Bond Streets and west of Bond Street, the maximum building height limit is 55 feet. Where portions of a building are higher than 45 feet, 60 percent of the street-facing facades higher than 45 feet must be set back one foot from the street-facing property line for every one foot that the building exceeds 45 feet in height, with a minimum setback of five feet and a maximum setback of 20 feet. The required setback may be reduced by one foot for each foot below the 45-foot height level that the setback begins, e.g., for a building that begins its setback at the 35-foot height level (10 feet below what is required) the required setback can be reduced by 10 feet.

d. On CB Zone properties east of Bond Street and west of the alley between Bond Street and Lava Road, the maximum building height limit is 60 feet. Where portions of a building are higher than 45 feet, 60 percent of the street-facing facades higher than 45 feet must be set back one foot from the street-facing property line for every one foot that the building exceeds 45 feet in height, with a minimum setback of five feet and a maximum setback of 20 feet. The required setback may be reduced by one foot for each foot below the 45-foot height level that the setback begins, e.g., for a building that begins its setback at the 35-foot height level (10 feet below what is required) the required setback can be reduced by 10 feet.

e. On CB Zone properties east of the alley between Bond Street and Lava Road, the maximum allowable building height is 70 feet.

3. Minimum Building Setback. There is no minimum building setback from the property line facing the street.

4. Maximum Building Setback. The maximum building setback of the ground floor from the property line facing the street is 10 feet. At least 50 percent of the length of the ground level, street-facing facade of buildings must be on the property line. If the site has two or more street frontages, this standard applies to all frontages. Buildings that set back from the property line and face a Residential Zone can choose to develop the setback with low shrubs and/or ground cover. Buildings that set back from the property line and face a Commercial Zone must incorporate a hardscape and meet accessibility requirements. Plantings in the commercial-fronting setback must be in planters. All plantings must be drought tolerant and not be classified as a nuisance plant.

5. Ground-Floor Windows. Ground-floor windows must be installed for at least 50 percent of the building length and have an area equal to 60 percent of the street-facing ground-floor wall area. Ground-floor wall area includes all wall areas up to 10 feet above finished grade. If the site has two or more frontages, the ground-floor window standard is only required on the primary facade – the facade that fronts the street with the higher classification. The other facade has a minimum ground-floor window requirement of 50 percent of the length and 25 percent of the ground-floor wall area. Windows are required to be transparent to foster both a physical and visual connection between activities in the building and pedestrian activities on the street.

6. Main Entrance. The main entrance to a building shall face the street or be on the corner.

7. Accessibility Guidelines. All public areas must comply with applicable accessibility standards.

I. Design Standards. The design standards for the CB Zone help guide the development and redevelopment of properties within the CB Zone. They are intended to implement the community goals and objectives in the Bend Comprehensive Plan by providing a framework for how Downtown Bend should ultimately look, function, and feel.

1. Existing Edge Conditions. Intent: Encourage the development of a cohesive, exciting and vibrant street life.

Approach: All street-facing elevations must have front doors that face the street and meet at least one of the following options:

Courtyard/Plaza Option. Embellish the pedestrian zone by creating accessible courtyards/plazas as extension of the sidewalk (the public realm). Incorporate pedestrian amenities such as street trees, outdoor seating, display areas, public art, human-scale lighting and decorative pavers.

Street Edge Option. Orient the primary entrance to the building along the street-facing property line, fostering a continuous and cohesive edge and defining inside from outside.

Recessed Entry Option. Create/enhance semi-public transition areas between the sidewalk (public realm) and the recessed entry door (private realm). Define this area with lighting that draws attention to ground-floor window displays, signage and the building’s architectural details. Supplement the lighting with special paving treatments that emphasize the entry (tile, etched concrete and/or brick). Asphalt is prohibited.

Arcade Option. Design an arcade that meets the following requirements:

–    The columns and piers (that support the building above) are six to 10 feet deep between the front property line and the parallel building wall.

–    The columns and piers consist of openings that are a minimum of six feet wide.

–    The columns and piers are a minimum of 18 inches from the property line (measured to the center of the column or pier).

–    The columns and piers are equally spaced and extend the entire length of the opening.

–    The building facade directly behind the arcade meets the ground-floor window development standard.

–    The arcade elevation facing the street is a minimum of 10 feet in height and covered by the building.

Spacing between columns and/or posts along building elevations less than 30 feet in length shall not exceed 10 feet. Spacing between columns and/or posts along building elevations greater than 50 feet in length shall not exceed spacing of 20 feet.

The arcade option meets the ground-floor window standard; provided, that the ground-floor building facade behind the arcade meets the 50 percent length and 60 percent wall glazing requirement.

Buildings with two or more frontages are only required to meet the arcade option along one street facade. However, if the arcade is proposed on both street frontages, the minimum spacing for openings is required along the entire opening.

2. Human Scale. Intent: Building facades must be designed in a manner that is aesthetically appealing, comfortable to pedestrians, and compatible with the character of the surrounding built environment as a way of emphasizing human scale.

Approach: Provide visual interest for pedestrians by incorporating building details at the ground floor that relate to the surrounding built environment, and are at a human scale. This is to be accomplished by meeting two or more of the following options:

Incorporating building lighting between 10 and 15 feet from the sidewalk to the bottom of the light fixture.

Incorporating suspended signs (blade signs) between eight and 12 feet from the sidewalk to the bottom of the suspended sign.

Incorporating horizontal and vertical elements at the ground floor/the base of the building that are familiar to pedestrians and are at human scale: sign frieze, storefront cornice, window mullions, piers that frame storefronts, engaged columns, arcades, brick coursings, awnings, and well-lit transoms.

Incorporating a rhythm of awnings and/or canopies.

Pedestrian-oriented lighting is required between structural bays; lighting must follow a consistent spacing pattern.

3. Physical, Visual and Experiential Connections. Intent: Incorporating interesting features into a building/site to emphasize the role that physical, visual and experiential connections give to creating meaningful places.

Approach: Embellish the buildings with two or more of the following elements:

A variety of building materials (stone, brick, concrete, wood, metal, and glass).

Use of colors that are contextual to Bend and the larger Pacific Northwest landscape serve to embellish the building and the public realm.

Traditional Central Business Zones, like Bend’s CB Zone, often consist of tri-part buildings where the base, middle and top of the building are defined by color, texture and materials.

Architectural elements such as cornices, arcades, porticos, and transom windows.

Tri-part building facades that emphasize a clear base, middle and top.

Traditional style storefront buildings typically include an uninterrupted band commonly referred to as a bulkhead, kickplate (doors), window base or a base panel, around the base of the building. This band is approximately 16 inches above the sidewalk and serves to “anchor” the building to the site. This band is most often constructed of wood, concrete, brick, stone or metal. Using tape or paint for the bulkhead is prohibited.

Display windows in traditional storefront buildings are typically terminated in the base band or bulkhead. The bulkhead, window frame and windowsill hold the window and help to further accentuate relief in the building facade. The top of the storefront is architecturally capped by horizontal elements, including sign bands, storefront cornices and transoms. These features serve as a transition device from the base of the building to the middle of the building.

4. Cohesive Elements. Intent: Incorporate cohesive and repetitive elements into the building as a means of enhancing the pedestrian realm and giving meaning to the building.

Approach: Incorporate three or more of the following repetitive building elements:

Building lighting.

Columns, engaged columns/pilasters and arcades.

Suspended signs (blade signs).

Canopies and/or awnings.

Transoms.

Balconies.

Architects and designers are encouraged to think creatively above and beyond the ground-floor window requirements specified in the design standards. Besides implementing cohesive elements, architects and designers should consider the interplay of shadows and light, and vertical and horizontal “architectural features” on neighboring buildings.

5. Integrate Building Parapets and Rooftops. Intent: Treat the top of the building, the point where the edifice meets the sky, as part of the larger facade composition and, where possible, accentuate the ornamentation found on existing traditional CB Zone buildings. Fully screen all rooftop mechanical equipment from the adjacent sidewalk.

Approach: Create visual interest at the top of the building by incorporating one of the following options:

Integrating elements at the roofline such as detailed eaves, projected cornices and articulated parapets.

Incorporating rooftop forms, other than flat roofs, that add visual interest to the facade.

Sloped roof heights from eave to peak should not exceed the height from grade to the eave (the roof should not be taller than the building wall supporting the roof).

Designing rooftop gardens for the purpose of managing stormwater runoff into Bend’s rivers and streams and/or as a place for people to gather.

Screening for rooftop mechanical equipment is to be opaque. Rooftop equipment is required to be set back from the parapet or building edge a minimum of 10 feet. Screened mechanical equipment is exempt from the height requirement.

6. Weather Protection Projections. Intent: Weather protection shall be provided along buildings adjacent to pedestrian walkways.

Approach: Provide weather protection for pedestrians along 50 percent of the ground-floor facade that is required to be on the property line and at all street-facing entrances.

Awnings, marquees, balconies, overhangs, umbrellas, fabric tensile structures, building appendages, or other weather protection projections are required to extend five feet over the sidewalk.

7. Reinforce the Corner. Intent: Create dynamic public gathering spaces where streets intersect by embellishing the corner of the building.

Approach: Incorporate one or more of the following elements:

Place the highest and/or the most visible part of the building within 25 feet of the corner. Use architectural features such as cupolas, turrets, and hipped or pitched roofs to add prominence to the corner location.

Locate the main/primary entry to the building within 25 feet of the corner or at the corner itself.

Emphasize the corners of the building as a gathering place by extending paving materials that front the building to the property line.

The following elements typically define the corner entry: round or chamfered corners with double doors, doors with large amounts of glass, awnings/canopies and more defined vertical elements (columns).

8. Pedestrian-Oriented Ground Floor. Intent: Ensure that the ground floor of the primary street facade is distinguished from the upper floors and that there is the sense of interaction between activities in the building and activities on the sidewalk. Create storefronts and entries that are visible (transparent) and easily accessible from the street.

Approach: Emphasize the importance of the ground floor, especially the primary street-facing entry, by incorporating three or more of the following elements:

Extra-height entry lobby space.

Continuous well-lit transom windows.

Enhanced distinctive doorway treatments.

Decorative lighting.

Projecting or recessing the entry bays.

Incorporating artwork into the facade that is visible to pedestrians on the sidewalk.

Incorporating unified paving materials, textures, and color.

Paving material in recessed entries/vestibules should help emphasize the transition from the sidewalk to the building.

9. Alley Facade Treatment. Intent: Design alley facades that share a corner with street-facing facades to be inviting and safe for pedestrians.

Approach: Incorporate the following facade elements:

Wrap the required street facing fenestration into the alley a minimum of 10 feet.

Add exterior lighting along the entire length of the alley-facing facade to enhance visibility and safety.

Windows facing the alley must be transparent to ensure that the alley is monitored by people inside the building (“eyes on the street”).

10. Urban Materials. Intent: Ensure that building materials are compatible with well-designed surrounding buildings and, where possible, embrace the natural features (geology) of the region.

Approach: Incorporate one or more of the following elements:

At the ground floor, use materials that give the base of the building a sense of permanence with the use of: brick, metal, terra cotta, stone, concrete, block, or stucco.

Clearly distinguish the ground floor from the upper floors by implementing strong horizontal elements such as a frieze or a cornice, and/or changing materials and/or arranging the upper windows, which are different in size than the storefront windows, in a consistent and rhythmic pattern.

Ensure that the design of the upper floors is cohesive with that of the ground floor through the extension of actual guidelines (brick, expansion joints, and downspouts) and implied guidelines (cornices, transoms, balconies, and window mullions).

Do not use materials that appear synthetic and are not compatible with materials (materials that are indigenous to the region) found on many of Bend’s existing buildings. Undesirable materials and treatments include: mirrored glass, vinyl siding, cementitious siding, false-brick veneer and synthetic stucco.

J. General Provisions.

1. Floor Area Ratios. Floor area ratios (FARs) regulate the amount of use (the intensity) allowed on a site. FARs also work with the height, setback, and building coverage standards to control the overall bulk of development. FARs are calculated by dividing the building floor area by the size of the development area.

2. Ground-Floor Windows. In the CB Zone, ground-floor street-facing windows are intended to:

Provide a pleasant, rich, and diverse pedestrian experience by connecting activities occurring within a structure to adjacent sidewalk areas.

Encourage continuity of retail and service uses.

Create an exciting pedestrian environment.

Create a visual dialogue between activities in the building and activities on the sidewalk.

Windows must be at least 50 percent of the length and 60 percent of the ground level wall area. Ground level wall areas include all exterior wall areas up to 10 feet above the finished grade.

3. Height. Height limits are intended to control the overall scale of buildings. The maximum building height within the CB Zone emphasizes pedestrians and a mix of uses. Exceptions to maximum height:

Projection Allowed. Projections and architectural elements that do not add habitable interior floor area to a building, such as chimneys, spires, steeples, clock towers, skylights, atriums, elevator shaft housings, stair enclosures, trellises, railings, flag poles, signs, mechanical equipment and screens, antennas and other similar items not used for human occupancy, shall be allowed to exceed the maximum allowable building height limit by 10 feet.

4. Landscaped Areas. Landscaping is not required in the CB Zone, except for the five-foot buffer next to Residential Zones. Landscaping is intended to soften the effects of built and paved areas. It also helps reduce stormwater runoff by providing a surface into which stormwater can percolate.

5. Main Entrance. Fronting the main entrance of a building to the street enhances pedestrian access between the use inside the building and activities on the sidewalk. This orientation also enables building occupants to see what is happening in the street, such as arriving transit service.

K. Pedestrian Standards. The pedestrian standards encourage a safe, attractive, and usable pedestrian circulation system in all developments. They ensure a direct pedestrian connection between the street and buildings on the site, and between buildings and other activities within the site. In addition, they provide for connections between adjacent sites, where feasible. A sidewalk circulation system must be hard-surfaced, and be at least six feet wide. Where the system crosses driveways, parking areas, and loading areas, the system must be clearly identifiable, through the use of elevation changes, speed bumps, a different paving material, or other similar methods. The on-site pedestrian circulation system must be illuminated to a level where employees, residents, and customers can use the system at night. Land between a building and the street property line must be landscaped and/or hard-surfaced for use by pedestrians.

L. Setbacks. Setbacks promote streetscapes that are consistent with the desired character of the zones. The CB Zone promotes buildings close to the sidewalk to reinforce a pedestrian orientation and built-up streetscape. The setback requirements for areas that abut Residential Zones promote commercial development that will maintain light, air, and privacy in Residential Zones. The following items are allowed to encroach into setbacks:

Canopies, marquees, and awnings.

Uncovered stairways and wheelchair ramps that lead to the street-facing facade.

Uncovered decks and stairways that are no more than two and one-half feet above ground.

Mechanical structures such as heat pumps, air conditioners, and emergency generators are not allowed. [Ord. NS-2271, 2016; Ord. NS-2206, 2013; Ord. NS-2195, 2013; Ord. NS-2016, 2006. Formerly 2.2.1000]