a. The drive-in or drive-through facility receives vehicular access from an alley or approved driveway, and not directly from a street except as authorized through development approval from the City.

b. The drive-in or drive-through facilities shall be set back at least 20 feet from street frontages and, for corner lots, are not oriented towards a street corner. For sites with a 10-foot maximum building setback, the maximum setback may be increased to 20 feet.

c. Exceptions:

a. Minimum Lot Size. The minimum lot size for a service station is 12,000 square feet with a minimum street frontage of 100 feet on both legs of a street corner for corner lots and 120 feet of street frontage on an interior lot.

b. Front Yard Setback. A 10-foot landscaped front yard setback is required. Only access driveways constructed in conformance with the standards in this title may be installed in this required setback. Landscaping shall comply with clear vision standards at intersections and driveways.

c. Lighting. Lighting fixtures installed within the fueling island canopy shall not extend below the canopy ceiling. The lighting fixtures, illumination intensity and direction shall comply with BDC 3.5.200, Outdoor Lighting Standards.

d. Other Requirements.

a. Transit stop or transfer area.

b. Flex mobility space(s) a minimum of 250 square feet.

c. Secured bicycle parking for a minimum of 10 bicycles.

d. Garbage and recycling cans.

e. Benches.

f. Kiosk, signage and wayfinding.

a. Customer service/operations center.

b. Fare purchase kiosks.

c. Electric vehicle charging stations.

d. Electrification to support real-time information displays and EV charging.

e. Electric conduit installed for future electrification purposes.

f. Passenger pick-up and drop-off areas that are designed to protect pedestrians and bicyclists from vehicle conflicts. Queue areas must provide adequate capacity to prevent vehicles from blocking streets and access corridors.

g. Covered shelters.

h. Restroom and shower facility.

i. Bicycle/gear lockers.

j. Car and/or bike share services.

k. Car sharing parking spaces.

l. Shuttle services.

m. Pedestrian lighting.

n. Accommodation of other micromobility services and parking.

o. Other facilities and services to support the mobility hub.

a. Limited hours of operation 8:00 a.m. to 6:00 p.m. (including truck deliveries).

b. Visual screening of all on-site vehicle parking, equipment storage, and maintenance areas.

c. No stockpiling of refuse (including compost) within 300 feet of an adjoining residential property.

d. Greenhouses using mechanical heating and cooling equipment shall not be located within 300 feet of an adjoining residential property.

e. On-site lighting needs shall respect the character of the area in which the nursery is located and shall comply with the provisions of BDC 3.5.200, Outdoor Lighting Standards.

a. One horse shall have a corral or pasture with a usable area of at least one acre; and for each additional horse, an additional one-half acre is required.

b. Cows, goats, sheep, swine or other livestock shall not be kept on any parcel or lot with an area less than five acres.

c. No more than four rabbits and/or chickens (hens only, no roosters) are permitted on parcels and lots 5,000 square feet or greater.

a. Accumulation of waste prohibited;

b. Odors resulting from the keeping of farm animals prohibited beyond property lines; and

c. Storing all farm animal food in rodent-proof containers.

a. Permitted and Conditional Uses. Residential and Neighborhood Commercial uses listed in BDC Table 2.1.200, Permitted and Conditional Uses, in compliance with the corresponding zoning district.

b. Prohibited Uses.

a. Neighborhood commercial sites are limited to one of the following:

b. Corner Neighborhood Commercial Site Development Standards.

ii. No portion of the street facing elevation which contains a neighborhood commercial use can be located more than 150 feet from the property corner at the intersection.

(A) Exemption. The street facing elevation for a neighborhood commercial use may exceed 150 feet along street frontages which abut an arterial or collector street and are adjacent to a Commercial or Mixed-Use Comprehensive Plan map designation.

c. The area of the neighborhood commercial site to be developed and all abutting properties approved for or developed with a neighborhood commercial use must not exceed the following:

d. Exceptions to the above standards may be granted if it can be documented that the historic use of the site was previously a commercial use.

a. Ground-Floor Windows. Ground-floor windows of the street wall of a nonresidential use must be installed for at least 50 percent of the length of the street wall and have an area equal to 60 percent of the ground-floor wall area of the street wall. Ground-floor wall area includes all wall areas up to 10 feet above finished grade. 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. Buildings constructed prior to the date of adoption of this code are exempt.

b. Front Door. At least one main front door entrance to the neighborhood commercial use must orient to an abutting street.

a. A landscape buffer is required along the side and rear property lines between nonresidential uses and any abutting stand-alone residential uses in the Residential Comprehensive Plan map designations. Conformance with the buffering standard is achieved when one of the following options is met, unless exempted.

b. A landscape buffer is not in addition to (may overlap with) the side and rear setbacks.

c. The landscape buffer must provide trees, shrubs and ground cover. The buffer may contain pedestrian seating at least five feet from the abutting property line. The buffer may 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.

a. The facility is located at and physically connected to an existing manmade diversion or impoundment.

b. The facility will not increase the maximum surface area or capacity of the impoundment created by the existing dam or diversion to which the facility will be connected.

c. The facility will maintain or enhance, to the greatest extent possible, the existing scenic, visual, environmental, and aesthetic qualities of the affected stretch of the river.

d. The facility will maintain or enhance the existing recreational opportunities on or adjacent to the affected stretch of the river.

e. The facility will maintain or enhance existing fish and wildlife habitat, and will have no adverse impact upon any threatened or endangered fish, wildlife, or plant species or their habitat.

f. The facility and its operation will maintain or enhance existing water quality in the affected stretch of the river, except during construction of the facility, during which time adverse impacts on water quality will be minimized. Specifically, the facility and its operation will not:

g. The facility and its operation will not increase soil or bank erosion or destroy bank habitat at or on land adjacent to the site, except during construction of the facility, during which time soil or bank erosion and destruction of bank habitat will be minimized.

h. The facility and its operation will maintain existing public access to the affected stretch of the river.

i. The facility will not be located at or immediately adjacent to any identified archeological or historical site, national or State park, wildlife refuge, Bureau of Land Management Outstanding Natural Area or Area of Critical Environmental Concern, Federal Research Natural Area, or U.S. Forest Service Special Interest Area.

j. The facility and its operation will comply with all applicable noise and pollution regulations of the Oregon Department of Environmental Quality.

k. The facility and its operation will comply with all applicable State fill-and-removal statutes and regulations.

a. Detailed construction plans and profiles of all facility features, including building elevations of the powerhouse and other structures, excavation plans and narrative as to where blasting will occur, where excess material will be deposited, and landscaping and reclamation plans.

b. Detailed plans for meeting the criteria set forth in subsection (M)(3) of this section.

c. Detailed plans for river enhancement documenting both on-site and off-site enhancement plans consistent with adopted river-related goals and policies, such as plans and methods for conserving water and enhancing stream flow. The plan shall identify costs, time schedules and coordination activities with affected persons and agencies for such enhancement plans.

d. A cash deposit or performance bond in an amount equal to 100 percent of the estimated cost of river enhancement and landscaping.

e. Detailed plans for a water conservation and stream enhancement program to be funded by a portion of revenues generated by the operation of the proposed facility. The program plans shall contain the following:

a. Proposed land uses and densities.

b. Building types.

c. Circulation pattern.

d. Park, playground, and open space.

e. Existing natural features.

f. Impacts on schools, roads, water and sewerage systems, fire protection.

g. Proposed ownership pattern.

h. Waste disposal facilities.

i. Water supply system.

j. Lighting.

k. General timetable for development.

a. That any exceptions from the standards of the underlying zone and subdivision ordinance are warranted by the design and amenities incorporated in the development plan;

b. That the proposal is in harmony with the surrounding area or its potential future use;

c. That the system of ownership and the means of developing, preserving, and maintaining open space are adequate;

d. That sufficient financing exists to assure that the proposed development will be substantially completed in the timetable outlined by the applicant;

e. That open space shall comprise 65 percent of the land. Open space shall mean land not in streets or structures;

f. That adequate provision is made for the preservation of natural resources such as bodies of water, natural vegetation, and special terrain features;

g. That the areas of activities are contained in the center of the development, or that adequate buffer yards are established to protect adjacent private lands.

a. The minimum lot area, width, frontage, and yard requirements otherwise applying to individual buildings of the zone in which the development is located do not apply within a destination resort.

b. The Hearings Body shall establish yards, height limitations, and space between buildings for the development, or may delegate this to the Site Plan Committee.

a. That such use shall be contained within the development;

b. That adequate screening and site design shall ensure compatibility between these activities and adjacent uses.

a. The number of colonies is limited to one colony per legal lot of up to 5,000 square feet of lot area, plus one additional colony per each additional 5,000 square feet of lot area, up to a maximum of eight colonies regardless of lot size.

b. Colonies shall be located in the side or rear yard, and set back no less than 10 feet from the nearest property line, and shall comply with the following provisions:

c. Colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding.

d. In any instance in which a colony exhibits aggressive behavior, the beekeeper must ensure that the colony is re-queened. Aggressive behavior is any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occur.

e. Every beekeeper shall maintain an adequate supply of water for the bees located close to each hive.

a. Protect the general health, safety, property, and welfare of the public;

b. Balance the right of individuals to produce and access marijuana and marijuana derivatives consistent with State law, with the need to minimize adverse impacts to nearby land uses, residents, property owners and businesses that may result from the production, storage, distribution, sale, and/or use of marijuana and derivatives;

c. Adopt reasonable time, place and manner restrictions on both medical and recreational dispensaries tied to specific community impacts;

d. Prevent or reduce criminal activity that may result in harm to persons or property;

e. Limit the exposure of minors to the commercial aspects of marijuana;

f. Prevent or reduce diversion of State-licensed marijuana and marijuana derivatives to minors; and

g. Minimize impacts to the City’s public safety services by reducing calls for service.

a. The provisions of this section apply to marijuana businesses within the Bend City limits.

b. Relationship to Other Development Standards. Marijuana businesses must comply with all of the standards of this section and all applicable State laws and regulations.

a. All new marijuana businesses must be reviewed through Site Plan Review, Minimum Development Standards Review and/or a Conditional Use Permit Review to ensure the standards of this section and other relevant portions of this code are met. Marijuana businesses are not eligible for the Minimum Development Standards Review exemption of BDC 4.2.400(B)(2).

b. The City will require a proof of a license from the State (either OHA or OLCC) confirming the security plan and all other required improvements, prior to final occupancy.

a. Permitted. Medical marijuana dispensaries and marijuana retailers are permitted in all CB, CC, CL, CG, ME and MR zoning districts (unless listed as a conditional use, and subject to size limitations). See use tables in BDC Title 2.

b. Co-Location of Medical Marijuana Dispensaries and Marijuana Retailers. Medical marijuana dispensaries and marijuana retailers selling medical and recreational marijuana may co-locate as allowed by State law and regulation.

c. Medical Marijuana Dispensaries and Marijuana Retailers and Proximity to Other Land Uses.

d. Medical Marijuana Dispensaries. No medical marijuana dispensary may operate or conduct business within:

e. Existing Medical Marijuana Dispensaries.

f. Marijuana Retailer. No marijuana retailer may operate or conduct business within:

g. Existing Marijuana Retailer.

h. Building Site. The medical marijuana dispensary or marijuana retail facility must be located and operated completely inside a permanent building. Outdoor storage of any merchandise, plants, or other materials is not allowed.

i. Display. All marijuana plants, products, and paraphernalia must be completely screened from view. There must be no marijuana, marijuana product, or marijuana paraphernalia visible from the exterior of the building.

a. Production of Marijuana. Production (growing) facilities are prohibited in all residential, commercial MR and PO zoned and designated areas. It is allowed in industrial and ME designated areas, as further set forth in the use tables in BDC Title 2. Retail marijuana is not permitted at the same facility as production.

b. Medical Grow Sites. Medical grow sites are permitted as allowed by State law up to the possession limitations for registered cardholders or designated primary caregivers of the cardholder in all zones.

c. The private growing or cultivating of marijuana for noncommercial personal use, as defined by State law, is not regulated by this chapter.

a. Residential Zones. Marijuana processing is prohibited in residentially zoned and designated areas.

b. Marijuana processing of cannabinoid concentrates and cannabinoid products not including processing of cannabinoid extracts is permitted in all CB, CC, CL, CG and MR zoned and designated areas, and in the commercial zoned and designated areas provided the building area is 5,000 square feet or less and the use includes a retail component as identified in the use tables in BDC Title 2. It is permitted conditionally subject to size limitations in the CL zoned and designated areas, and it is permitted in all industrial zoned and designated areas. See use tables. All marijuana processing is subject to Fire Marshal approval.

c. Marijuana processing of cannabinoid concentrates and cannabinoid products and cannabinoid extracts is allowed in industrial and ME designated areas. Marijuana processing of cannabinoid extracts is subject to State law and Fire Marshal approval. See use tables in BDC Title 2.

a. Drive-through dispensaries or facilities in any zone.

b. Temporary dispensaries or facilities in any zone.

c. On-site consumption of marijuana at a licensed medical marijuana dispensary or marijuana retailer unless: (i) the consumption is conducted for testing in compliance with OAR 333-008-1190; or (ii) the consumption is allowed under the medical exception granted in OAR 333-008-1200.

d. Co-location of medical marijuana dispensaries or marijuana retailers at grow or marijuana producing sites.

e. Marijuana businesses in residential zones or designations.

f. Retail medical marijuana dispensaries or marijuana retailers in industrial zones.

g. Marijuana businesses as a home occupation in any zone.

h. Marijuana businesses as a neighborhood commercial use.

i. Walk-up windows at medical marijuana dispensaries or marijuana retailers in any zone.

a. Notwithstanding BDC Chapter 5.2, Nonconforming Uses and Developments, if a marijuana business ceases operations for a period of more than 180 days, all marijuana development approvals will be void with no further proceedings.

b. Failure to continuously maintain the Marijuana Business Operating License as provided in BC Chapter 7.50 will also be considered abandonment of use.

a. Any premises, house, building, structure or place of any kind where marijuana is sold, manufactured, bartered, or distributed in violation of State law or this City code is a public nuisance. The City may institute an action in Deschutes County in the name of the City to temporarily or permanently enjoin such nuisance.

b. This remedy is in addition to, and not in lieu of, any other civil, criminal or administrative remedies available to the City authorized under this code, or by law or equity.

a. Structures and roofing must be constructed of nonreflective materials and finished in a color that blends with the surrounding vegetation and landscape.

b. New powerlines associated with the small hydroelectric facility must be buried even if they are not located in the right-of-way. Existing overhead lines may remain.