2.3.300 Development Standards | Bend Development Code

2.3.300 Development Standards.

The following table provides the numerical development standards within the Mixed-Use Districts. Additional standards specific to each district follow within a separate section of this chapter.

Table 2.3.300. Mixed-Use District Development Standards
Standard	ME	MR	PO	MU	MN
Minimum Front Yard Setback	None	None**	10 feet	None	None
Maximum Front Yard Setback (see subsection (A)(1) of this section)	10 feet/80 feet* (see subsection (A)(1)(e) of this section)	None**	10 feet	10 feet	10 feet
Rear Yard Setback	None/10 feet (see subsection (A)(2) of this section)	None**	None/10 feet (see subsection (A)(2) of this section)	None/10 feet (see subsection (A)(2) of this section)	None/10 feet (see subsection (A)(2) of this section)
Side Yard Setback	None/10 feet (see subsection (A)(2) of this section)	None**	None/10 feet (see subsection (A)(2) of this section)	None/10 feet (see subsection (A)(2) of this section)	None/10 feet (see subsection (A)(2) of this section)
Lot Coverage	None	None**	50%	None	None
Building Height (see subsection (B) of this section)	45 feet	45 feet, except within 100 feet from the ordinary high water mark of the Deschutes River where the height is 35 feet**	45 feet	65 feet	45 feet
Minimum Residential Density	See subsection (C) of this section	None	See subsection (C) of this section	Subject to RM Zone minimum density (see subsection (C) of this section)	Subject to RM Zone minimum density (see subsection (C) of this section)
Maximum Residential Density	None	None	None	None	None

*Subject to special standards in BDC 2.3.400

**Subject to special standards in BDC 2.3.600

A. Setbacks. Building setback standards provide building separation for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation. Building setbacks are measured from the building footprint to the respective property line. The setback standards outlined in Table 2.3.300 apply to all new buildings and any building expansion, including primary structures and accessory structures.

1. Front Yard Setbacks. In some of the Mixed-Use Districts, buildings are placed close to the street to create a vibrant pedestrian environment, 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 Mixed-Use Districts.

a. General Standards. See Table 2.3.300, Mixed-Use District Development Standards.

b. Maximum Setback Calculation. Conformance with the maximum setback standard is achieved when one or both of the following is met:

i. At least 90 percent of the building elevation facing the street that is subject to the maximum setback standard is at or within the maximum setback.

ii. Where more than one building is proposed on a site, 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 to the building setback and orientation standards of this chapter.

c. 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.)

d. Multiple Frontage Lots. For buildings on sites with more than one frontage or through lot, the maximum front yard setback standards in Table 2.3.300 shall be applied as follows:

i. For corner lots with two frontages, the maximum setback standards indicated in Table 2.3.300 shall be applied to all street frontages.

ii. For through lots with two frontages, the maximum setback standards indicated in Table 2.3.300 shall be applied to only one of the frontages; provided, that where the abutting streets are of different street classification, the maximum setback standard shall be applied to the street with the higher classification.

iii. For properties with three or more frontages, the maximum setback must be met on two abutting frontages.

i. In the ME and PO Zones, when the street fronting the development does not allow on-street parking, the maximum front yard setback of 80 feet applies. When on-street parking is permitted on the street fronting the development, the maximum front yard setback is 10 feet.

ii. The following items are allowed to encroach into setbacks:

(A) Canopies, marquees, and awnings.

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

(D) Mechanical structures such as heat pumps, air conditioners, and emergency generators are not allowed.

f. Other special setbacks in conformance with BDC 3.4.200(J) may apply.

a. ME, MU and MN Zones. There is no rear or side yard setback required, except when abutting a Residential Zone. In such cases, the rear or side yard setback is 10 feet. Building step back standards in subsection (B)(3) of this section may also apply.

b. PO Zone. There is no rear or side yard setback required, except when abutting a Residential Zone. In such cases, the rear yard setback is 10 feet and shall increase by one foot for each one foot the building height exceeds 25 feet.

c. When a public alley abuts a side or rear yard of property within the PO or ME Zones, only the required 10-foot building setback shall apply.

B. Height. All buildings in the Mixed-Use Districts shall comply with the height standards contained in Table 2.3.300 except as described below or in compliance with a variance approval.

1. Height Bonus for Vertical Mixed Use. In the ME, MU and MN Zones 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 properties abutting a residentially designated district. 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 2.3.300 – Building Height Diagram (Residential Exception)

2. Height Bonus for Affordable Housing. An increase in building height not to exceed 10 feet above the height of the zoning district may be allowed for multi-unit dwellings when the additional units gained by the height increase are affordable housing units in conformance with BDC 3.6.200(C), except for properties abutting a residentially designated property. This shall not be combined with the increase in building height for vertical mixed use under subsection (B)(1) of this section.

3. Building Height Step-Backs Abutting a Residentially Designated District. In the ME, MU, and MN Zoning Districts, portions of the building subject to this subsection (B) that exceed 35 feet in height or the height limit of the abutting residentially designated district, whichever is greater, shall step back one foot from side or rear lot lines abutting a residentially designated district for each foot the building height exceeds 35 feet or the height limit of the abutting residentially designated district.

C. Residential Density. The following density standards apply to all new developments for residential uses in the Mixed-Use Districts. The density standards are intended to ensure efficient use of buildable lands and provide for a range of needed housing, in conformance with the Comprehensive Plan. In the Mixed-Use Zones, 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. Where ground-floor residential uses are part of a mixed-use development, area used to calculate residential density does not include land dedicated to right-of-way.

1. ME and PO Zoning Districts. The minimum residential density standard in the ME and PO Zoning Districts is as follows:

a. Where residential uses are part of a mixed-use development in which nonresidential uses occupy at least the floor area equivalent to the entire ground-floor area of the development, there is no minimum residential density standard except that for properties located within 660 feet of a transit route, the minimum residential density standards of the RM Zone shall apply.

b. Where residential uses are part of a mixed-use development in which nonresidential uses occupy less than the floor area equivalent to the entire ground-floor area of the development, the minimum density standards of the RM Zone apply.

2. MN and MU Zoning Districts. The minimum residential density standards of the RM Zone apply.

3. There is no minimum residential density standard for “vertical” mixed use.

4. Maximum residential density is controlled by the applicable lot coverage and building height standards.

1. Buffering. A 10-foot-wide landscape buffer is required along the side and rear property lines between nonresidential uses and any adjacent residentially designated districts. The buffer is not in addition to (may overlap with) the side and rear setbacks required in subsection (A) of this section. The buffer shall provide landscaping to screen parking, service and delivery areas and walls without windows or entries. The buffer may contain pedestrian seating but shall not contain trash receptacles or storage of equipment, materials, vehicles, etc. The landscaping standards in BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls, provide other buffering requirements where applicable.

2. Outdoor and rooftop mechanical equipment as well as trash cans/dumpsters shall be architecturally screened from view. Heating, ventilation and air conditioning units shall have a noise attenuating barrier to protect adjacent Residential Districts from mechanical noise.

3. Building and Fire Codes. All developments shall meet applicable fire and building code standards. Larger setbacks than those listed above may be required due to the proposed use and/or storage of combustible materials.

E. Landscaping. Development in the MU and MN Zones is exempt from the minimum landscaping area requirements of BDC 3.2.300(C). All other standards of BDC Chapter 3.2 are applicable. [Ord. NS-2463, 2023; Ord. NS-2423, 2021; Ord. NS-2303, 2018; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]