2.8.400 Additional Provisions.
A. Detached single-unit dwellings, accessory buildings and accessory dwelling units must be sited to allow the future division and/or more intensive use of the property. Additional development restrictions that limit the location of buildings and on-site sewage disposal facilities may be applied where necessary to reserve land for future urban development.
B. Frontage improvements must be built to City standards and specifications when required under BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review.
C. An expansion or enlargement of 50 percent or less of a lawfully permitted building and/or use as of July 21, 2017, must comply with BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review. For an expansion or enlargement greater than 50 percent, the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits, also apply.
D. Significant Tree Standards.
1. The following significant tree standards are applicable to properties without an approved City of Bend development application, including single-unit residential lots or parcels greater than one acre in size:
a. All deciduous trees measuring six inches or greater and coniferous trees measuring 10 inches or greater as measured four feet above the ground (known as DBH, “diameter at breast height”) must be retained on site unless exempted in subsection (D)(3) of this section.
b. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials are prohibited within the significant trees area, except as approved in writing by the City for installation of utilities or streets. Such approval shall only be granted after the City concludes in writing that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in conformance with BDC 1.3.300(C), Mitigation for the Removal of Vegetation. The written approval shall include the specific facts that support the conclusion.
2. Properties with an approved City of Bend development application are not subject to the standards of subsection (D)(1) of this section; however, trees shall be preserved as specified in the development approval and in compliance with BDC 3.2.200, Landscape Conservation.
3. Exemptions. The mitigation standards in BDC 1.3.300(C) do not apply in the following situations:
a. Dead, Diseased, and/or Hazardous Trees. Significant trees that are dead or diseased, or pose a hazard to personal safety, property or the health of other trees, may be removed if the Planning Director approves a report and recommendation from a certified arborist or other qualified professional. Prior to tree removal, the applicant must provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (D)(3)(b) of this section.
b. Emergencies. Significant trees may be removed in the event of an emergency without development approval pursuant to BDC Title 4, when the trees pose an immediate threat to life or safety, as determined by the Planning Director or designee based on a certified arborist’s report submitted to the City.
E. Prior to tentative approval of any land division, the general location of streets and water and sewer lines must be illustrated on abutting vacant land and developable land. This illustration is not binding on the abutting properties.
F. Deschutes County is responsible for permits and inspections for on-site sewage treatment and dispersal systems for properties in the UA District.
G. Sign District 5 in BC Chapter 9.50, Signs, applies to all properties in the UA District until they are annexed into the City of Bend.
H. Deschutes County is considered an affected party and will be notified of all quasi-judicial and legislative development applications. [Ord. NS-2423, 2021; Ord. NS-2293, 2017]