3.6.600 Shelters.
Shelters may be a group shelter, outdoor shelter or multi-room shelter.
A. Applicability.
1. Multi-room and group shelters are permitted in the Residential, Commercial, Mixed-Use and Public Facilities Zoning Districts and in the Light Industrial (IL) District.
2. Outdoor shelters are permitted in the following zones:
a. Residential zones on a lot or parcel with a permitted public or institutional use, not including utilities (above ground). See BDC Table 2.1.200 – Permitted and Conditional Uses for public and institutional uses.
b. Commercial, Mixed-Use and Public Facilities Zones.
c. Light Industrial (IL) District.
B. Review Process.
1. Type I Minimum Development Standards Review. The following shelters are reviewed through a Type I Process:
a. A building expansion of up to 50 percent of the existing building area or up to 5,000 square feet, whichever is less.
b. Expansion of an outdoor shelter use or parking of up to 50 percent of the existing outdoor shelter use area or parking area or up to 5,000 square feet of new outdoor shelter use area or parking area, whichever is less.
c. A change of use of a building or property that increases demand on public facilities. A determination that there is an increase in demand on public facilities is made when:
i. The development will result in an increase of trip generation by 20 percent or 100 average daily trips (ADT); and/or
ii. The development will require that the water meter or water or sewer laterals be increased in size.
A change of use of a building or property that does not increase demand on public facilities does not require Minimum Development Standards Review or Site Plan Review.
2. Type II Site Plan Review. All other shelters, including an outdoor shelter on a vacant property, are reviewed through a Type II Process.
C. Shelters Standards. Shelters must comply with the following standards:
1. Management. On-site management must be provided when the shelter is open for services. Management may be provided by a resident of the shelter authorized as such by the shelter operator. Temporary or de minimis absence of the identified on-site manager is not a violation of this provision. A permanent sign must be posted with the name of the property owner and management, and a telephone number where they can be contacted. The sign must comply with one of the following and is exempt from a sign permit:
a. 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; or
b. One permanent freestanding sign not greater than four feet in height with a sign area not exceeding four square feet located at a driveway entrance to the site.
2. Good Neighbor Guidelines. The owner or shelter operator of a shelter site must submit evidence with the development application that good neighbor guidelines have been developed and how they will be provided to the shelter clients, by incorporating the guidelines into a management agreement between the operator and the shelter clients. Good neighbor guidelines must include, at a minimum, items addressing rules for shelter use, facility operations and maintenance, and safety and security. Evidence of outreach and communication to the following must be provided for each shelter facility prior to occupancy:
a. Adjacent neighbors; and
b. Designated land use chair of the neighborhood association recognized by the City of Bend within which the shelter is located.
3. Restroom. At least one toilet and handwashing station must be provided. Toilet and handwashing stations may be provided through the use of portable units, with a contract for service and/or dumping in place. Portable units must not be located within setbacks and must be screened on at least three sides with an evergreen hedge or solid fence or wall of not less than six feet in height. Portable units must be located for easy access by pick-up/service vehicles. Any dumping of waste onto the ground or into the right-of-way is grounds for the City to cause immediate cessation of the use.
4. Trash Receptacles. Trash receptacles must be provided, must not be located within setbacks and must be screened on at least three sides with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be located for easy access by trash pick-up/service vehicles.
5. Waiting and Intake Area. If waiting or first-come, first-served services are provided, any outdoor, on-site waiting and intake area must be sized to accommodate the expected number of people to be served.
6. Accessibility Requirements. Accessible parking and access to any accessible unit(s) and common areas must be provided for disabled persons, in conformance with the Federal Americans with Disabilities Act (ADA). Accessible parking must comply with BDC 3.3.300(G), ADA Accessible Parking Spaces.
7. Compliance. Shelters must meet all other applicable requirements of Federal, State, and/or local authorities including but not limited to local Fire Department, Building Safety Division, and Environmental Health requirements.
8. Landscaping and Multi-Modal Access and Circulation. BDC 3.2.300, New Landscaping, and 3.1.300, Multi-Modal Access and Circulation, do not apply to shelters.
9. On-Site Improvements. Parking areas, aisles and turnarounds are exempt from the paving standards required by this code. Driveway approaches must comply with City of Bend Standards and Specifications.
10. Development Standards. The development standards for the corresponding zone and any overlay zone apply, unless superseded by standards in this section. Where there is a conflict between the provisions of the BDC and those of the underlying zone or other provisions of the Development Code, the provisions of this section will control.
11. Public Improvements. Shelters are required to construct the public improvements, including sidewalks, in compliance with BDC Chapters 3.4, Public Improvement Standards, and 4.2, Site Plan Review, Minimum Development Standards Review and Design Review, except as follows:
a. Transportation. The development must have frontage or approved access to a public or private street, but is exempt from the transportation improvement standards of BDC 3.4.200 for street improvements. This exemption does not include sidewalks. Any transportation improvements proposed by the applicant must comply with applicable standards of BDC 3.4.200.
b. Water.
i. Multi-Room and Group Shelters. The City water main must be extended a distance sufficient to establish a standard perpendicular connection into the property or 20 feet, whichever is greater. Water mains must be extended to and through the length of the property frontage when required for fire flow and fire sprinkler services and/or hydrants must be installed when required for site fire protection. All other provisions of BDC 3.4.400 for water service improvements apply.
ii. Outdoor Shelter. Water connections must be provided when required by the building code. Any proposed water system must be sized to accommodate additional development within the area as projected by the Water Public Facility Plan, and must connect to existing facilities in accordance with the City’s construction specifications as described in the City of Bend Standards and Specifications. If a water extension is required, the City water main must be extended a distance sufficient to establish a standard perpendicular connection into the property or 20 feet, whichever is greater. Water mains must be extended to and through the length of the property frontage when required for fire flow and fire sprinkler services and/or hydrants must be installed when required for site fire protection.
c. Sewer.
i. Multi-Room and Group Shelters. The City sewer main must be extended a distance sufficient to establish a standard perpendicular service connection into the property or 20 feet, whichever is greater. All other provisions of BDC 3.4.400 for sanitary sewer improvements apply.
ii. Outdoor Shelter. Sewer connections must be provided when required by the building code. Any proposed sewer systems must be sized to accommodate additional development within the area as projected by the Sewer Public Facility Plan, and must connect to existing facilities in accordance with the City’s construction specifications as described in the City of Bend Standards and Specifications. City sewer mains must be extended a distance sufficient to establish a standard perpendicular service connection into the property or 20 feet, whichever is greater.
12. Colocation. Group shelters, outdoor shelter, multi-room shelters and temporary shelters may be located on the same site, provided the standards for each type of shelter can be met and the standards for the corresponding zoning district can be met.
13. Storage. Secure storage areas are required. Storage areas not provided in a structure must not be located within setbacks and must be screened on at least three sides with an evergreen hedge or solid fence or wall of not less than six feet in height.
D. Facilities and Services. Shelters may provide facilities and services on site including, but not limited to, the following:
1. Meals and dining areas.
2. Clothing/laundry facilities.
3. Showers.
4. Day care facilities.
5. Case management services and information on or referral to other community resources.
6. Overnight and daytime accommodations.
7. Kennel area or open space for domestic animals, subject to management requirements.
8. Overnight camping may be provided in conjunction with a shelter in compliance with BC Chapter 5.70, Safe Parking Programs.
9. Other facilities and services to support the primary shelter use.
E. Outdoor Shelters.
1. Maximum Number of Mobile and Permanent Units. The maximum number of units is one per each 1,000 square feet of gross acreage. A community building or other shared facility does not affect the maximum allowable units permitted on a site. For purposes of calculating the maximum number of mobile and permanent units, fractional units are rounded down to the next whole unit.
2. Off-Street Parking. There are no minimum or maximum parking requirements.
3. The owner or shelter operator of an outdoor shelter site must submit with the development application a letter or other written documentation from the Bend Park and Recreation District and from the Bend-La Pine School District which indicates that the applicant has met with the Districts to discuss the proposed shelters, and provided the Districts an opportunity to review the proposal.
F. Group Shelters.
1. Maximum Number of Beds. The maximum number of shelter beds allowed will be determined by the building code standards for occupancy.
2. Off-Street Parking. There are no minimum or maximum parking requirements.
G. Multi-Room Shelters.
1. Maximum Number of Rooms. The maximum number of rooms per acre allowed in a multi-room shelter is listed in Table 3.6.600(G). For purposes of calculating maximum number of rooms, fractional units are rounded down to the next whole unit. If the site has split zoning, the smaller number applies. Adjustments to this standard are prohibited.
Residential Zone | Maximum Rooms per Acre |
|---|---|
Low Density Residential (RL) | 24 rooms |
Standard Density Residential (RS) | 43 rooms |
Medium Density Residential (RM-10) | 45 rooms |
Medium Density Residential (RM) | 130 rooms |
High Density Residential (RH) | 258 rooms |
Commercial and Mixed-Use Zoning Districts and LI and PF Districts | 258 rooms |
2. Off-Street Parking. There are no minimum or maximum parking requirements.
H. Existing Uses and Structures. Uses and structures that are not in conformance with the provisions in this section but that were lawfully established prior to the adoption of this code are considered a permitted use. Expansion or enlargement will be subject to the provisions of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review.
I. The Planning Director or designee may visit and inspect the site of a shelter in accordance with this chapter periodically to ensure compliance with all applicable regulations, with reasonable notice. In addition to any other remedy available to the City for violations of this code or the Bend Development Code, the Municipal Court Judge has the authority to issue warrants allowing the City to enter the property and abate the violation, including but not limited to towing or removing the shelter or any associated facilities. [Ord. NS-2462, 2023; Ord. NS-2443, 2022]