a. All uses permitted in the Standard Density Residential Zone, except neighborhood commercial uses.

b. Repealed by Ord. NS-2423.

c. Notwithstanding subsection (B)(3)(a) of this section, preschool use and child care facility use are not permitted on Tax Lot 311 of Deschutes County Assessor’s Map 17-11-36 (more specifically described in Exhibit C of Ordinance NS-2131).

d. Notwithstanding subsection (B)(3)(a) of this section, the use of the approximately 100-foot-wide set aside area on Tax Lot 311 of Deschutes County Assessor’s Map 17-11-36 (more specifically described in Exhibit D of Ordinance NS-2131) is restricted to the following uses: neighborhood park, single-unit detached dwellings, duplexes, accessory dwellings, Type 1 home occupation, accessory uses and structures.

a. Conditional uses permitted in the underlying Standard Density Residential Zone are subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

a. No building shall be erected, enlarged or structurally altered to exceed 30 feet in height without a variance.

a. The lot requirements of the RS Zone shall apply to all permitted and conditional uses, with the following exceptions applicable only to new lots platted after December 31, 2012, that also front on Mt. Washington Drive:

b. Setbacks. The setback requirements of the RS Zone shall apply to all permitted and conditional uses.

a. All uses permitted in the Standard Density Residential Zone.

a. All conditional uses permitted in the underlying Standard Density Residential Zone, subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

a. No building shall be erected, enlarged or structurally altered to exceed 35 feet in height without a variance.

a. The lot requirements of the RS Zone shall apply to all permitted and conditional uses except townhomes.

b. Except as specified in this section, the lot requirements of the RM Zone shall apply to townhomes.

c. Setbacks. For townhomes the front yard setback is a minimum of five feet and the side yard setback may be zero feet.

d. Lot Coverage. There is no maximum lot coverage standard for townhomes and accessory structures on a townhome lot.

a. All uses permitted in the Standard Density Residential Zone.

b. Multi-unit dwellings.

c. Cluster housing.

a. Conditional uses permitted in the underlying Standard Density Residential Zone subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

a. No building, except multi-unit dwellings, shall be erected, enlarged or structurally altered to exceed 30 feet in height without a variance.

b. The maximum height for multi-unit dwellings is 45 feet unless a greater height is approved through a variance in conformance with the provisions of BDC Chapter 5.1, Variances.

a. The lot requirements of the RS Zone shall apply to all permitted and conditional uses except multi-unit dwellings.

b. Except as specified in this section, the lot requirements of the RH Zone shall apply to multi-unit dwellings.

c. Lot Coverage. There is no maximum lot coverage standard for multi-unit dwellings.

a. All uses permitted in the Standard Density Residential Zone.

b. Cluster housing developments subject to the development standards in subsection (E)(4) of this section.

c. Buildings accessory to a cluster housing development subject to the development standards in subsection (E)(4) of this section.

d. Community buildings in a cluster housing development. Community buildings shall be incidental in use and size to the cottage housing and shall be commonly owned by the residents.

a. Site Requirements.

b. Cottage Development Standards. The design standards and floor area requirements ensure that the overall size and scale including bulk and mass of cottage structures remain smaller and incur less visual impact than standard sized single-unit dwellings, particularly given the allowed density of the cluster housing development.

c. Required Open Space.

d. Parking Location and Screening. The parking location and screening standards are designed to ensure minimal visual impact from vehicular use and parking areas for residents of the NorthWest Crossing Cluster Housing Overlay District and adjacent properties, and to maintain a single-unit character along public streets.

a. All uses permitted in the Standard Density Residential Zone.

b. Multiple-unit dwellings.

a. Conditional uses permitted in the underlying Standard Density Residential Zone subject to a Conditional Use Permit.

a. No building, except multiple-unit dwellings, shall be erected, enlarged or structurally altered to exceed 45 feet in height without a variance.

a. The lot requirements of the RS Zone shall apply to all permitted and conditional uses except multiple-unit dwellings.

b. Except as specified in this section, the lot requirements of the RH Zone shall apply to multiple-unit dwellings.

c. Lot Coverage. There is no maximum lot coverage standard for multiple-unit dwellings.

a. All uses permitted in the Standard Density Residential Zone.

b. Multi-unit dwellings.

c. Townhome.

d. Live/work single-unit house subject to the provisions of this district.

e. Live/work townhome subject to the provisions of this district.

f. Live/work apartment subject to the provisions of this district.

g. Community commercial subject to the provisions of this district.

h. Cluster housing.

i. Off-street parking area when abutting or across a street from land within the Commercial/Mixed Employment District.

a. Townhomes, live/work houses and live/work townhomes are not subject to the site plan review provisions of this code.

b. Live/work apartments and community commercial uses are subject to site plan approval according to BDC Chapter 4.2, Site Plan Review and Design Review, except that where special standards of the Residential Mixed-Use District conflict with standards within the code, the standards of the Residential Mixed-Use District shall apply.

a. No building except multi-unit or live/work apartment housing shall be erected, enlarged or structurally altered to exceed 30 feet in height without a variance.

b. The maximum height for multi-unit dwellings or live/work apartment is 45 feet unless a greater height is approved through a variance.

c. The maximum height for a townhome or live/work townhome is 35 feet unless a greater height is approved through a variance.

a. The lot requirements of the RS Zone shall apply to all permitted and conditional uses except multi-unit dwellings, townhomes, live/work townhomes, live/work apartments and community commercial.

b. The lot requirements of the RH Zone shall apply to multi-unit dwellings and live/work apartments except that the minimum front yard setback is five feet and the minimum side yard setback is zero feet.

c. The lot requirements of the RM Zone shall apply to townhomes and live/work townhomes, except that the minimum front yard setback is five feet, the minimum side yard setback is zero feet, and the minimum lot width is 24 feet.

d. The lot requirements for neighborhood commercial uses in BDC 3.6.300(J) shall apply to community commercial except that the minimum front yard setback is five feet.

e. There is no maximum lot coverage standard for townhomes, live/work townhomes, live/work apartments or multiple-unit dwellings.

a. The final plat for a subdivision in the Residential Mixed-Use Overlay District shall specify the lots where live/work housing or community commercial uses will be permitted.

b. A deed restriction shall be recorded with each lot identified on the final plat as a live/work housing or community commercial.

c. The number of lots in the Residential Mixed-Use Overlay District shall be limited to a maximum amount of linear primary street frontage.

a. Each live/work house or live/work townhome may have nonilluminated sign(s) not exceeding a combined maximum area of 16 square feet. Signs shall be attached to the building.

b. Each live/work apartment or community commercial building may have one nonilluminated monument sign and/or one building-mounted sign not exceeding a combined maximum area of 32 square feet.

c. Individual businesses in live/work apartment buildings may have additional nonilluminated sign(s) mounted on the building not exceeding a combined maximum of eight square feet in size.

a. Each live/work house or live/work townhome may have no more than four off-street spaces.

b. The off-street parking standards in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking, shall apply to a work use in a live/work apartment building.

c. Community commercial uses must have a minimum of four covered bicycle parking spaces. The maximum number of off-street parking spaces for a community commercial building is five, including one disabled accessible space, if required.

a. The area dedicated to the work use in the live/work unit shall not exceed the size requirement in the applicable definition of live/work house or live/work townhome in BDC 2.7.310(E).

b. The work use shall not generate noise exceeding 55-decibel level as measured at the lot line of the lot containing the live/work house or live/work townhome.

c. No outside storage of materials or goods related to the work occupation or business shall be permitted.

d. No dust or noxious odor shall be evident off the premises.

e. Employees of the work occupation or business may not occupy more than two on-street parking spaces at any time.

f. If the business is open to the public, public access must be through the front door and the business may not be open to clients or the public before 7:00 a.m. or after 7:00 p.m.

a. The permitted uses in the underlying Commercial Limited and Mixed Employment Zones are allowed unless otherwise specified in Table 2.7.320A, which controls where conflicts exist.

a. Conditional uses permitted in the underlying Commercial Limited and Mixed Employment Zones subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4. In addition to the conditional uses identified in BDC Chapter 2.3 for the Mixed Employment Zone, there are certain uses that require a Conditional Use Permit if sited on site-specific properties. These uses and properties are identified in Table 2.7.320A.    

a. The height standards of the underlying Commercial Limited or Mixed Employment Zone shall apply.

a. No front yard setback is required when an entrance to the building is located at the front lot line and the building is adjacent to a sidewalk 10 feet or wider in a public or private street right-of-way.

a. Each Commercial/Mixed Employment District may have areas designated for common off-street parking lots and streets designed to provide parking for permitted and conditional uses in the Commercial Limited and Mixed Employment Zones. There is no minimum parking required in the designated areas for parking.

b. Buildings must be located on and oriented to the streets and the parking lots will be located in the interior of the site or at the sides of buildings. The designated common parking areas will allow all buildings to be close to the street to create a pedestrian-scale street environment.

c. Designated pedestrian access from the common district parking areas to the street and entrances to the commercial uses must be provided.

d. All buildings must have at least one primary entrance directly fronting a public or private street.

e. The Parking District facilities must be managed and maintained by an association of building owners in the Commercial/Mixed Employment Districts.

f. Parking for any secondary, second-story residential use may be provided in assigned and reserved parking spaces, or through City approval of a shared or joint use agreement evidenced by a deed, lease, contract or other legal agreement.

g. Parking lot landscaping will meet or exceed minimum City standards.

a. Scientific research or experimental development of materials, methods or products including engineering and laboratory research.

b. Administrative, educational and other related activities and facilities in conjunction with a permitted use.

c. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials.

d. Manufacture, assembly, and testing of electronic equipment, medical instruments and apparatus, optics, photographic equipment and supplies, musical instruments, related equipment and similar uses.

e. Manufacture of food products, pharmaceuticals, and the like, but not including the production of fish or meat products, or fermented foods, such as sauerkraut, vinegar, or the like, or the rendering of fats and oils.

f. Master Planned Development subject to the requirements of BDC Chapter 4.5.

g. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted.

h. Enclosed storage facilities including mini-warehouse operations, which may include outdoor storage of vehicles, boats, and recreational vehicles screened from adjacent roadways.

i. Printing, publishing and book binding.

j. Motorized and nonmotorized vehicle repair, service and sales, provided wholly within an enclosed building.

k. Bakery for wholesale and retail distribution.

l. Creamery, soft drink or alcoholic beverage bottling plant and similar uses.

m. Dwelling unit for a caretaker or watchman working on the property.

n. Commercial laundry, dry cleaning and fabric dyeing.

o. Motion picture and video production sound stages and studios, television or radio broadcasting studios.

p. Warehouse and distribution or shipping center for prepared goods or packaged items.

q. Park, open space, and recreational facilities.

r. Public buildings and public utility structures and yards.

s. Fitness facility or health center, to include child care for patrons only, showers, spa, bathrooms, related offices, related retail for exercise clothing and equipment and sale of refreshments.

t. Veterinary clinics.

u. Shelters, see BDC 3.6.600.

a. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 45 feet.

a. Lot Area. Each lot shall have a minimum area of one-half acre.

b. Lot Width. No requirements.

c. Lot Depth. Each lot shall have a minimum depth of 100 feet.

d. Front Yard. The front yard setback shall be a minimum of 20 feet.

e. Side Yard. Side yard setback shall be a minimum of 10 feet except when abutting a lot in an “R” Zone and then the required side yard shall be 30 feet.

f. Rear Yard. A rear yard setback shall be a minimum of 15 feet except when abutting a lot in an “R” Zone and then the rear yard shall be 30 feet.

g. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area.

h. Site Plan Review and Design Review. The provisions of BDC Chapter 4.2 shall apply in the Industrial Employment Overlay District. The provisions of BDC 4.2.300 shall not apply in the Industrial Employment Overlay District; provided, that West Bend Property Company maintains design review standards and process consistent with the May 2003 NorthWest Crossing Rules and Design Guidelines.

i. Off-Street Parking and Loading. Off-street parking and loading space shall be provided as required in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.

a. In an Industrial Employment Overlay District directly across the street from an “R” Zone an off-street parking and loading area shall be set back at least 20 feet from the right-of-way, and said area shall be appropriately landscaped along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained.

b. Other yards and unused property on a developed site shall be landscaped and maintained.

c. Any use or portion thereof causing noise shall be performed in such a manner as not to create a nuisance or hazard on any adjacent property.

d. Any use or portion thereof causing vibration shall be performed in such a manner as not to create a nuisance or hazard on any adjacent property.

e. Any operation producing intense heat or glare shall be performed in such a manner as not to create a nuisance or hazard on adjacent property.

f. There shall be no emission of odorous, toxic, noxious matter, or dust in such quantities as to be readily detectable at any point along or outside property lines so as to produce a public nuisance or hazard.

g. All off-street parking or loading areas and access drives shall be surfaces with dust-free surface and shall be maintained.