3.6.200 Residential Uses | Bend Development Code

3.6.200 Residential Uses.

This section was recently amended by Ordinance NS-2487, codified in January 2024.

This section supplements the standards contained in BDC Title 2 and provides standards for the following land uses in order to control the size, scale and compatibility of those uses within the applicable zone.

a. The standards of this section apply to lots or parcels created from a middle housing land division. See BDC 4.3.700, Expedited and Middle Housing Land Division.

a. For purposes of the middle housing development, the regulations of the BDC apply to lots and parcels resulting from a middle housing land division collectively and not to each lot or parcel individually. For example, the building setback standards of the corresponding zone apply to the property lines of the parent site prior to the land division and not to the property lines of each individual lot created through the middle housing land division.

b. The residential structure type on a site that has been divided through a middle housing land division remains the residential structure type that was proposed with the middle housing land division. For example, if the middle housing land division was approved for a site with an existing or proposed quadplex, the residential structure type on the site remains a quadplex following the middle housing land division.

3. More than one dwelling unit is prohibited on a lot or parcel that has been created through a middle housing land division. Accessory dwelling units are prohibited on lots or parcels that have been divided through middle housing land divisions.

4. The further division of a lot or parcel created through a middle housing land division is prohibited.

5. For purposes of the middle housing development, the concentration limits for short-term rentals in BDC 3.6.500 will be measured based on the parent site, rather than from an individual lot or parcel created through a middle housing land division. Individual lots or parcels will each be subject to the other standards in BDC 3.6.500, Short-Term Rentals, on an individual lot or parcel basis.

B. Accessory Dwelling Unit (ADU). An accessory dwelling unit (ADU) is a small dwelling unit on a property that contains a single-unit dwelling unit as the primary use. The ADU may be attached, detached, or within a portion of an existing dwelling unit. The maximum density standards do not apply to ADUs due to their small size and low occupancy. The standards of this section are intended to control the size, scale and number of ADUs on individual properties to promote compatibility with abutting land uses. ADUs must comply with the following standards in addition to the standards of the applicable zoning district:

1. Permitted ADU. An ADU may only be permitted on a lot or parcel with a single-unit detached dwelling, a townhome, or a manufactured home.

a. Exception. ADUs are not permitted on a lot or parcel created by a middle housing land division.

2. Number of ADUs. A maximum of one ADU is allowed per lot or parcel.

a. The maximum floor area is 800 square feet.

b. For purposes of measuring the ADU size in this subsection, “floor area” means the area measured in feet included inside the exterior surrounding walls of horizontal space intended to be a floored surface contained within the building or portion thereof, including slab-on-grade and exclusive of vent shafts and courts. When calculating floor area stairs are counted once unless the area under the stairs is part of the ADU floor plan, in which case the stairs are counted twice. Portions of the floor area with a sloped ceiling measuring less than five feet from the finished floor to the finished ceiling are not considered as contributing to the floor area.

i. Accessory structures attached to an ADU do not count towards the maximum floor area if they are not accessible from the interior of the ADU or if the accessory structure provides at least one allocated parking space for the ADU.

4. Parking. None.

5. Detached ADUs. A detached ADU must be a minimum of six feet apart from the primary single-unit dwelling as measured between their building footprints, unless exempted below.

a. Exemption. Does not apply when the primary single-unit dwelling was legally constructed prior to April 1, 2016, and the ADU is proposed to be located in a detached structure legally constructed prior to April 1, 2016, or within an existing footprint of an existing detached structure legally constructed prior to April 1, 2016.

C. Affordable Housing Strategies. The City of Bend provides an incentive program to developers to assist in the development of affordable housing.

1. For the purposes of the incentive program, the City defines affordable housing as housing with a sales price or rental amount that is within the means of a household that may occupy moderate- and low-income housing, meeting one of the thresholds defined in subsections (C)(1)(a) and (b) of this section.

a. In the case of dwelling units for sale, “affordable” means housing in which the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of such gross annual household income for a family at 80 percent of the area median income, based upon most recent HUD income limits for the Bend Metropolitan Statistical Area (Bend MSA).

b. In the case of dwelling units for rent, “affordable” means housing for which the rent and utilities constitute no more than 30 percent of such gross annual household income for a family at 60 percent of the area median income, based upon most recent HUD income limits for the Bend Metropolitan Statistical Area (Bend MSA).

2. In association with the land use review process, and prior to the issuance of a building permit for any units in an affordable housing development, the owner must enter into an affordable housing development agreement with the City. The development agreement must set forth the commitments and obligations of the City and the owner, including, as necessary, conditions to ensure the completion of affordable housing in the development.

3. The owner must execute any and all documents deemed necessary by the City in a form to be established by the City Attorney, including, without limitation, restrictive covenants, deed restrictions, and related instruments (including requirements for income qualification for tenants of for-rent units) to ensure the continued affordability of the affordable housing units in accordance with this section.

4. Developments in compliance with subsection (C)(1) of this section may be eligible for the following incentives unless otherwise specified:

a. Density Bonus. A developer may be eligible for a density bonus when a percentage of the proposed dwelling units are affordable. The percentage of affordable units is based on the maximum number of dwelling units that would be allowed under the Comprehensive Plan designation for the subject site. The corresponding density bonus in Table 3.6.200.C is an increase in dwelling units over the maximum residential density that can be rented or sold as affordable units or at market rate.

The maximum density must be calculated in compliance with BDC 2.1.600(C)(1). For purposes of calculating maximum density, fractional units are rounded down to the next whole unit. For purposes of calculating the number of affordable units and density bonus units, fractional units are rounded up to the next whole unit.

For example, a 10,000-square-foot lot designated RM is permitted four units (maximum density is rounded down). Of the four units, the developer proposes 20 percent of the units to be affordable (four units * 20 percent = 0.8 units, which is rounded up to one unit). Therefore, of the four units, one must be affordable. Since the applicant is proposing 20 percent of the units as affordable, the developer may receive a corresponding density bonus of 20 percent (four units * 20 percent = 0.8 units, which is rounded up to one additional unit). Therefore, the proposed project may have five units, one of which must be affordable.

Table 3.6.200.C – Density Bonus
Percent of Affordable Units Based on Maximum Density	Density Bonus
5%	5%
10%	10%
20%	20%
30%	30%
40%	40%
50%	50%

b. Building Height Incentive. An increase in building height not to exceed 10 feet above the height of the underlying zone may be allowed for quadplexes and multi-unit housing when the additional units gained by the height increase are affordable housing units.

c. Lot Coverage Exception. For affordable housing developments where 50 percent or more of the dwelling units are deemed affordable in conformance with subsection (C)(1) of this section, the entire development may develop with a 50 percent lot coverage.

d. Lot Area and Dimensions Exception. For affordable housing developments where 50 percent or more of the dwelling units are deemed affordable in conformance with subsection (C)(1) of this section, the required lot area and dimensions for the proposed lots or parcels may be reduced up to 20 percent for the entire residential development. For affordable housing developments where less than 50 percent of the dwelling units are deemed affordable in conformance with subsection (C)(1) of this section, the required lot area and dimensions for the proposed affordable housing dwelling units’ lots or parcels may be reduced up to 20 percent.

D. Townhomes. Single-unit attached housing (townhome units on individual lots) must comply with the standards in subsections (D)(1) through (D)(5) of this section.

1. Building Mass Supplemental Standard. The number and width of consecutively attached townhome units are not restricted. For purpose of this section, a “ townhome” means a dwelling unit, located on its own lot, sharing one or more common walls with one or more dwelling units. As shown in Figure 3.6.200.D.1 the common wall must be fully enclosed and shared for at least 25 percent of the length of each dwelling unit’s enclosed elevation, not including uncovered or open, covered porches, patios, decks or stoops. The common wall may be any wall of the dwelling unit, including the wall of an attached garage. As shown on Figure 3.6.200.D.2, townhomes may have detached garages or ADUs that share a common wall between the two lots or parcels.

2. Alley Access Requirement. For lots or parcels abutting an alley, access must be taken from the alley in accordance with BDC 3.1.400(F)(3).

3. Street Access Developments. Where there is no abutting alley, townhomes receiving access directly from a street must comply with the following standards, in order to minimize interruption of adjacent sidewalks or multi-use paths by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better stormwater management:

a. Driveway Approaches. Townhomes may have a maximum of one driveway approach and must comply with the following:

i. Townhomes with frontages on streets of different classifications must access the street with the lowest classification.

ii. The total width of shared driveway approaches must not exceed 32 feet. When a driveway serves more than one lot, the developer must record an access and maintenance easement/agreement to benefit each lot, prior to building permit issuance.

iii. Driveway approaches on local streets may be separated in compliance with the following:

(A) Approaches must be separated by a minimum of seven feet; and

(B) Approaches must not exceed 16 feet in width.

iv. Clear vision standards do not apply between driveway approaches for townhomes on local streets.

4. The minimum driveway width must be 10 feet.

5. Areas Owned in Common. Common areas must be maintained by a homeowners association or other legal entity. A homeowners association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions must be recorded and provided to the City prior to issuance of a building permit.

E. Manufactured Homes on Individual Lots. Manufactured homes are permitted on individual lots, subject to building permit compliance with the following design standards. The following standards do not apply to units that existed on lots within the City prior to the effective date of the ordinance codified in this code.

1. Thermal Envelope. The manufactured home must be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-unit dwellings constructed under the State Building Code;

2. Placement. The manufactured home must be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade, and complying with the minimum set-up standards of the adopted State Administrative Rules for Manufactured Dwellings. Where the building site has a sloped grade, no more than 12 inches of the enclosing material can be exposed on the uphill side of the foundation skirt;

3. Skirting. The foundation area of the manufactured home must be fully skirted;

4. Historic Districts. The manufactured home must not be located in a designated historic district.

F. Manufactured Home Subdivisions. Manufactured home subdivisions are reviewed as a Type II application for tentative plan approval. A manufactured home subdivision shall be subject to the provisions of BDC Chapter 4.3, Land Divisions and Property Line Adjustments, in addition to the criteria below.

1. Lot Size and Dimension Requirements. The minimum lot area and dimensions within a manufactured home subdivision shall be the same as that allowed within the underlying zone.

2. Permitted Uses. Manufactured home subdivisions may contain manufactured homes and related accessory structures.

3. Setbacks. Setbacks for manufactured homes, modular homes, and accessory structures shall be the same as provided in the underlying zone.

G. Manufactured Home Parks. Manufactured home parks are reviewed as a Type II application for site plan review in conformance with ORS Chapter 446, the provisions of this title and the following criteria:

1. Minimum Area Required. All manufactured home parks shall consist of a minimum area of five acres.

2. Density. The maximum number of manufactured homes allowed within a manufactured home park shall not exceed 10 units per acre. The average area of a mobile home site shall not be less than 4,000 square feet excluding roadway, recreation areas and other accessory facilities. No manufactured home site shall be less than 2,000 square feet in area.

3. Access. Manufactured home park accesses shall be located on public streets improved to a minimum width of 36 feet and which are improved to a point intersecting a collector or arterial street.

4. Permitted Uses. Manufactured home parks may contain manufactured homes and accessory structures permitted in this chapter, community laundry and recreation facilities and other common buildings for use by park residents only, and one residence other than a manufactured home for the use of a caretaker or a manager responsible for maintaining or operating the property.

a. Park Streets. The minimum surfaced width of the roadway within an access way shall be 24 feet if there is no parking allowed and 30 feet if parking is allowed on both sides. The first 50 feet of the access way measured from the public street shall be surfaced to a minimum width of 30 feet and shall be connected to the existing public street according to plans approved by the City.

b. Improvement Standards. The improvement of driveways, walkways, streets, drainage and other utilities shall conform to adopted State standards for such or shall conform to the City’s Standards and Specifications manual, whichever is more restrictive.

H. Duplex, Triplex and Quadplex Development. Duplex, triplex and quadplex development must comply with the following standards:

1. Detached dwelling units must be a minimum of six feet apart as measured between their building footprints.

2. Lot or Parcel Access. For lots or parcels abutting an alley, access must be taken from the alley in accordance with BDC 3.1.400(F)(3). Where there is no abutting alley, duplexes may have a maximum of two driveway approaches, triplexes may have a maximum of three driveway approaches and quadplexes may have four driveway approaches in compliance with the following:

a. The total width of all driveway approaches must not exceed 32 feet per frontage. For lots or parcels with more than one frontage, see subsection (H)(2)(c) of this section.

b. Driveway approaches may be separated when located on a local street. If approaches are separated, they must be separated by a minimum of seven feet.

c. In addition, lots or parcels with more than one frontage must comply with the following:

i. Lots or parcels must access the street with the lowest classification.

ii. Lots or parcels with frontages only on collector and/or arterial streets may have one driveway approach. When lots or parcels only have frontages on collector streets or only on arterial streets, the City Engineer will determine which frontage may have one driveway approach based on the following:

(A) Distance from the nearest intersection;

(B) Clear vision areas;

(D) Utility conflicts; and

(E) Pedestrian and bike conflicts in the vicinity.

iii. Lots or parcels with frontages only on local streets must comply with the following:

(A) Duplexes may have two driveway approaches not exceeding 32 feet in total width on one frontage or one maximum 16-foot-wide driveway approach per frontage.

(B) Triplexes may have three driveway approaches not exceeding 32 feet in total width on one frontage or two driveway approaches not exceeding 32 feet in total width on one frontage and one maximum 16-foot-wide driveway approach on one other frontage.

(C) Quadplexes may have four driveway approaches not exceeding 32 feet in total width on one frontage or two driveway approaches not exceeding 32 feet in total width on one frontage and one maximum 16-foot-wide driveway approach on one other frontage.

d. Clear vision standards do not apply between driveway approaches for duplexes, triplexes and quadplexes on local streets. All other standards in BDC 3.1.500, Clear Vision Areas, apply.

3. The minimum driveway width must be 10 feet.

I. Residential Uses within Commercial Districts. Residential uses, such as multi-unit dwellings, are encouraged adjacent to employment, shopping and services. All residential developments shall comply with subsections (I)(1) through (5) of this section, which are intended to guide mixed-use development; allow limited residential uses within commercial districts while conserving the community’s supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Residential uses that existed prior to the effective date of the ordinance codified in this chapter are considered permitted uses and not a nonconforming use.

Figure 3.6.200.I. Example of Vertical and Horizontal Mixed Use

Note: the example shown above is meant to illustrate required building design elements, and should not be interpreted as a required design style.

1. Mixed-Use Development. Residential uses shall be permitted in Commercial Districts only when part of a mixed-use development (residential with commercial or public/institutional use). Both “vertical” mixed-use (housing above the ground floor), and “horizontal” mixed-use (housing on the ground floor) developments are allowed, subject to the following standards in subsections (I)(2) through (5) of this section.

a. Central Business District. Ground-floor residential uses on street frontages are prohibited except ground-floor entrances or breezeways are permitted for housing located above or behind a nonresidential storefront use.

b. Other Commercial Districts. On arterial and collector street frontages in other Commercial Zoning Districts, ground-floor residential uses are limited to 25 percent of the street frontage, except ground-floor entrances or breezeways for housing located above or behind a nonresidential use.

3. Density. The density standards are intended to ensure efficient use of buildable lands. 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, but does not include land dedicated to right-of-way.

a. There is no minimum residential density standard for “vertical” mixed use in a Commercial Zoning District.

b. Maximum residential density in a Commercial Zoning District shall be controlled by the applicable lot coverage and building height standards.

c. For “horizontal” mixed use in a Commercial Zoning District, where the site is located within 660 feet of a transit route, the minimum residential density standards of the RM Zone shall apply for the portion of the site dedicated to housing on the ground floor.

4. Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc., and multi-tenant building exteriors) shall be maintained by a legal entity or legal process. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the City prior to building permit approval.

5. The commercial or public/institutional uses shall occupy at least the floor area equivalent to the entire ground-floor area of the development. The commercial or public/institutional uses shall be constructed prior to or concurrently with the residential uses.

J. Residential Care Homes and Facilities. Residential care homes and facilities shall comply with the following standards:

1. Licensing. All residential care homes and facilities shall be duly licensed by the State of Oregon.

2. Site Plan Review. Site Plan Review shall be required for new structures to be used as residential care facilities, to ensure compliance with the licensing, parking, and other requirements of this code. Residential care homes are exempt from this requirement.

K. Bed and Breakfast Inns. Bed and breakfast inns are permitted in all Residential Districts within a structure used as a residence and shall comply with the following standards.

1. Maximum Size. The bed and breakfast structure is limited to a maximum of four bedrooms for guests and a maximum of eight guests per night.

2. Employees. The bed and breakfast facility may have up to one full time equivalent nonresident employee for the facility.

3. Food Service. Food services may be provided only to overnight guests of the bed and breakfast inn.

4. Owner- or Operator-Occupied. The bed and breakfast inn shall be owner- or operator-occupied and shall maintain the exterior physical characteristics of a single-unit dwelling. No separate structures shall be allowed (except for customary residential accessory buildings such as sheds, or detached garages).

5. Location. There shall be at least 400 feet of separation along the same street between inns.

6. Signs. Signs must meet the standards of BC Chapter 9.50, Signs.

7. Monitoring. All bed and breakfast inns shall register with the City of Bend for Transient Room Tax and must maintain a guest logbook. It must include the names and home addresses of guests, guests’ license plate numbers if traveling by car, dates of stay and the room number of each guest. The log must be available for inspection by City staff upon request.

L. Repealed by Ord. NS-2240.

M. Accessory Uses and Structures. Accessory uses and structures are those of a nature customarily incidental and subordinate to the primary use or structure on the same lot. Typical accessory structures include detached garages, sheds, workshops, greenhouses and similar structures. This section does not apply to accessory dwelling units (ADUs). For standards applicable to ADUs, see subsection (B) of this section. Accessory structures must comply with all of the following standards in addition to the standards of the applicable zoning district:

1. Primary Use Required. An accessory structure or use may only be permitted on a lot or parcel after the primary use is established. The accessory use must be a permitted use in the zoning district.

a. A half bathroom and/or a wet bar may not be installed within an accessory structure unless the property owner signs a City of Bend compliance form stating that the structure will not be used as a dwelling unit.

b. A kitchen is not allowed.

c. A full bathroom is not allowed.

3. Floor Area. The maximum floor area of an accessory structure in a residential zoning district must not exceed 1,500 square feet.

4. Building Height. The building height of a detached accessory structure must not exceed 25 feet. In order to consider the accessory structure to be attached to the primary dwelling unit, it must be attached by one of the following options and there must be an opening that allows for internal access through livable space to the primary portion of the dwelling unit:

a. The accessory structure must share a common wall for at least 25 percent of the length of the primary dwelling unit; or

b. The entire length of one elevation of the accessory structure must be attached to the primary dwelling unit.

The shared or attached wall must be the wall of an enclosed interior space, and does not include porches, patios, decks or stoops.

N. Home Business. The purpose of this subsection is to support those who are engaged in small business ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which, by the nature of the venture, are appropriate in scale and impact to be operated within a primary dwelling unit or in an approved accessory structure or accessory dwelling unit. More than one home business may be operated on site provided the home businesses comply with the following standards cumulatively. There are three classes of home businesses.

1. General Operational Standards. All home businesses must meet the following operational standards:

a. The home businesses must be owned and/or operated by a resident of the home business site.

b. The primary use of the dwelling unit must remain residential.

c. The home business, except for outdoor storage, must be conducted wholly within lawfully built, enclosed structures and in such a manner as not to give an outward appearance of a business. For outdoor storage, see subsection (N)(1)(d) of this section.

d. Outdoor storage, including but not limited to inventory, supplies, or equipment, must be completely screened behind a sight-obscuring wall or fence or within an enclosed structure so that the products, equipment or materials are not visible from the public right-of-way or abutting properties or common areas.

e. The home business must not result in any alterations or additions to a structure that will change the primary use or the primary use’s Building Code classification.

f. A maximum of two personal motor vehicles and/or trailers owned or leased by the residents and used in conjunction with a home business may be parked outdoors. Any additional motor vehicles and/or trailers utilized for a home business must be parked inside a lawfully built, enclosed structure. The motor vehicles must not exceed 14,000 pounds GVW. No commercial motor vehicle as defined in ORS 801.208 is permitted as part of a home business.

g. One nonilluminated wall or window sign limited to two square feet in area and located on or below the first story at a maximum height of 14 feet is permitted. No other building or freestanding signs as exempted in BC 9.50.050 are permitted.

h. The home business must not involve any use prohibited under subsection (N)(6) of this section.

i. The home business must not produce radio or TV interference, glare, dust, vibration, smoke or odor beyond allowable levels as determined by local, State or Federal standards or that can be detected beyond the property line.

j. The home business must comply with the daytime and nighttime noise levels set by the BC 5.50.020, as measured at the property line.

2. Class A Home Business. A Class A home business is one where the residents use their home as a place of work and no nonresident employees nor clients/customers come to the site. Class A home businesses also provide an opportunity for the residents to use their home as a business address but not as a place of work, for professions where the work is performed online or done at other locations.

a. Review Procedure. Class A home businesses are considered permitted accessory uses. No land use approval is required.

b. A Class A home business is intended to have no or negligible impact to the existing neighborhood and must meet the general standards of subsection (N)(1) of this section and the following standards:

i. Only the residents of the dwelling unit participate in the home business on site.

ii. No nonresident employees nor clients/customers come to the home business site.

iii. There are no restrictions on business hours.

iv. There is no outward indication of business activity.

v. No more than 25 percent of the dwelling unit, including the floor area of garages, accessory structures and an ADU, may be utilized for all home business uses.

3. Class B Home Business. A Class B home business is one where the residents use their home as a place of work and involves a limited number of nonresident employees and/or clients or customers coming to the site.

a. Review Procedure. A Class B home business is subject to the Type I procedures outlined in BDC Chapter 4.1, Development Review and Procedures.

b. A Class B home business is intended to have minimal impact to the existing neighborhood and must meet the general standards of subsection (N)(1) of this section and the following standards:

i. Only the residents of the home and one nonresident employee can participate in the home business. Off-site employees are permitted.

ii. Clients or customers are only permitted at the home business from 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday and Sunday.

iii. No more than 25 percent of the dwelling unit, including the floor area of garages, accessory structures and an ADU, may be utilized for all home business uses.

iv. A Class B home business is not permitted on a site with a Type II short-term rental.

4. Class C Home Business. A Class C home business is one where the residents use their home as a place of work and the scope of the business activities exceeds the standards for a Class B home business.

a. Review Procedure. A Class C home business is subject to the Type II procedures outlined in BDC Chapter 4.1, Development Review and Procedures.

b. A Class C home business is intended to have minimal impact to the existing neighborhood and must meet the general operational standards of subsection (N)(1) of this section and the following standards:

i. Only the residents of the home and up to three nonresident employees can participate in the home business. Off-site employees are permitted.

ii. Clients or customers are only permitted at the home business from 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday and Sunday.

iii. A Class C home business is not permitted on a site with a Type II short-term rental.

5. Exemptions. Garage, yard, or estate sales not to exceed three consecutive days three times per calendar year.

6. Prohibited Uses. The following uses are prohibited as home businesses:

a. Any business utilizing the residence as a headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

b. On-site retail sales, except that the sale of items that are incidental to a permitted Class B or C home business are allowed. For example, the sale of lesson books or sheet music by music teachers, art or craft supplies by art or craft instructors, computer software by computer consultants, and similar incidental items for sale by a home business are allowed.

c. Ambulance service.

d. Animal hospital, veterinary services, kennels or daytime or overnight animal boarding.

e. Any business involving repair, reconditioning, after-market modification or customization, sales or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment on site.

f. Marijuana businesses.

7. Enforcement. The Planning Director or designee may visit and inspect the site of a home business in accordance with this chapter periodically to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations will be processed in accordance with BDC Chapter 1.3, Enforcement.

O. Single-Room Occupancy. Single-room occupancies must comply with the following standards in addition to the standards of the applicable zoning district:

1. Single-room occupancies are permitted as follows:

a. In the RL zone with a maximum of six units on each lot or parcel.

b. In the RS, RM and RH zone with the maximum number of units consistent with the density standards of the corresponding zoning district.

a. Six or Fewer Units. For minimum development standards review, see BDC 4.2.400, Minimum Development Standards Review. A minimum development standards review application is not required; however, compliance with BDC 4.2.400(A)(3), Approval Criteria, is required and will be verified through the building permit process.

b. More Than Six Units. For site plan review, see BDC 4.2.500, Site Plan Review.

3. Single-room occupancies must include a minimum of four attached units that are independently rented and lockable.

4. Each unit must provide living and sleeping space for the exclusive use of an occupant.

5. Occupants must share sanitary or food preparation facilities with the other units in the occupancy. The developer may provide both facilities as shared facilities; however, when one of the facilities isn’t shared, it must be provided in each unit for the exclusive use of the occupant.

6. The parking maximum is one and one-half parking spaces per unit.

a. Six or fewer units. None.

b. More than six units. One covered space per unit. Covered bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area. In those instances in which the single-room occupancy has no garage or other easily accessible storage unit, the bicycle parking spaces may be sheltered under an eave, overhang, an independent structure, or similar cover.

8. Single-room occupancies with more than six units must provide a minimum 15 percent landscaping. See BDC 3.2.300, New Landscaping.

9. The use of a unit as a short-term rental is prohibited. [Ord. NS-2487, 2023; Ord. NS-2463, 2023; Ord. NS-2462, 2023; Ord. NS-2445, 2022; Ord. NS-2443, 2022; Ord. NS-2434, 2022; Ord. NS-2423, 2021; Ord. NS-2404, 2021; Ord. NS-2389, 2020; Ord. NS-2353, 2019; Ord. NS-2318, 2018; Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2271, 2016; Ord. NS-2260, 2016; Ord. NS-2256, 2015; Ord. NS-2251, 2015; Ord. NS-2241, 2015; Ord. NS-2240, 2015; Ord. NS-2122, 2009; Ord. NS-2107, 2008; Ord. NS-2016, 2006]