3.8.500 Cottage Housing Development.
A. Purpose. The purpose of this section is to:
1. Provide a housing type that responds to differing household sizes and ages (e.g., retirees, small families, single-person households), and offers opportunities for affordability;
2. Provide opportunities for small, single-unit dwellings in several residential zoning districts by creating special land division and on-site development regulations that allow this type of use;
3. Encourage creation of usable open space for residents of the development through flexibility in density and development standards;
4. Support growth management through efficient use of urban residential land; and
5. Provide regulations to ensure compatibility with surrounding uses.
B. Applicability. Cottage housing developments are allowed in the following districts: Standard Density Residential (RS), Medium Density Residential (RM) and Medium-10 Residential (RM-10).
The procedures and criteria of BDC Chapter 4.3 apply to cottage housing subdivisions. If a cottage housing development is proposed with multiple units on an individual lot, site plan and design review apply in accordance with the procedures of BDC Chapter 4.2. All cottage housing developments are reviewed through a Type II process.
C. Density.
1. Minimum Density. The minimum density for CHDs is as follows:
a. RS and RM-10 Districts: four dwelling units per gross acre.
b. RM District: 12 dwelling units per gross acre.
2. Maximum Density. The maximum density must not exceed that of the relevant zoning district.
3. Maximum Density Calculation. RS, RM-10 and RM density calculation is based on the following floor area:
a. Dwelling units 600 square feet or smaller: 0.25 of a dwelling unit.
b. Dwelling units 601 to 1,200 square feet: 0.50 of a dwelling unit.
4. Exception to Density Maximums. When affordable housing is proposed the provisions of BDC 2.1.600(D) may be applied.
D. Development Area. Cottage housing developments must contain a minimum of four and a maximum of 12 cottages arranged in a cluster. A cottage housing development may contain more than one cluster.
E. Existing Uses. On a site to be used for a CHD, existing detached single-unit dwellings, which may become nonconforming with respect to the standards of this section, are permitted to remain, but the extent of the nonconformity may not be increased. The nonconforming dwelling units must be included in the maximum permitted cottage density.
F. Lot Coverage and Floor Area.
1. There is no maximum lot coverage for cottage housing developments.
2. There is no minimum lot size for cottage housing developments.
3. The maximum floor area per dwelling unit is 1,200 square feet. Garages are not included in the calculation of the total floor area. The maximum floor area is defined as the area included within the surrounding walls of a cottage building on all levels.
G. Setbacks and Building Separation. Because CHDs are a unique type of development, setbacks are measured differently than for a traditional development. The exterior boundary of the CHD development area is considered to be the edge of the development area for the purposes of calculating perimeter setbacks from surrounding properties, except for garages and carports accessed from a street. For buildings on lots within the CHD, the separation between other on-site buildings is measured, not the distances to interior property lines, unless setbacks from property lines are necessary to meet the building code (interior setbacks).
1. Perimeter Setbacks.
a. The minimum front setback is 10 feet.
b. The minimum setback from all other exterior boundary property lines is five feet.
2. Interior Building Separation. There must be a minimum separation of six feet between the building footprints of the cottages. On cottage sides with a main entrance, the minimum separation is 10 feet. Structures other than cottages must meet minimum building code setback requirements.
3. Garages and Carports. Garages and carports accessed from a street must be set back a minimum of 20 feet.
H. Required Common Open Space. Common open space is intended to be an amenity shared by all residents of the cottage housing development.
1. Provide a centrally located open space area for the cottage housing development and have cottages abutting at least two sides.
2. Contain a minimum of 400 square feet per cottage.
3. At least 50 percent of the cottages must abut a common open space.
4. Each cottage must be connected to the common open space by a pedestrian pathway.
5. Areas such as utility vaults, perimeter setbacks and common parking areas and driveways are not counted in the common open space requirements.
6. Common open space may contain an ASI or drainage swale area, provided the area is usable open space.
7. Required common open space must be provided at ground level in a contiguous commonly owned tract with an easement indicating that it benefits all lots in the CHD.
8. Common open space must have a minimum average width of 20 feet.
9. The common open space areas must be constructed and landscaped prior to filing a final plat or, in the case of a site plan, construction and landscaping will be tied to final occupancy of the first cottage.
10. The common open space must be recorded as a perpetual open space to benefit all residents of the cottage housing development prior to filing a final plat or prior to obtaining a building permit.
I. Required Private Open Space. Private open space adjacent to each cottage is intended for the exclusive use by the cottage resident.
1. Provide a total of 400 square feet of private open space that includes a minimum of 200 square feet of contiguous usable open space adjacent to each cottage with no dimension less than 10 feet. Covered entries and uncovered patios and decks in excess of the required 80 square feet in subsection (J)(2) of this section may be included in the private open space calculation.
J. Development Standards.
1. At least 50 percent of the cottages must be oriented around and have their main entrance facing the common open space.
2. Each cottage must include a covered entry and/or an uncovered patio or deck. Cottages that abut the common open space must orient the covered entry and/or uncovered patio or deck to the common open space. Conformance with these standards is achieved when each cottage includes one of the following:
a. A covered entry of at least 80 square feet with a minimum dimension of six feet on any side;
b. An uncovered patio or deck of at least 80 square feet with a minimum dimension of six feet on any side. When the cottage abuts the common open space, a landscape buffer no less than three feet in width must be provided between the uncovered patio or deck and the common open space. The buffer must include a fence, wall or similar structure not to exceed three and one-half feet in height, except decorative arbors, gates, and similar features which must not exceed six feet in length; or
c. A combination of subsections (J)(2)(a) and (b) of this section that is at least 80 square feet with a minimum dimension of six feet on any side of the covered entry and uncovered patio or deck.
3. Pedestrian pathways in compliance with BDC 3.1.300(B) must be included to provide for movement of residents and guests from parking areas to homes and other amenities. These pathways must be shown on the subdivision tentative plan or site plan and be part of the common areas/tracts.
4. Individual detached garages cannot exceed 450 square feet of floor area and no more than 18 feet in height. Only one garage is allowed per cottage.
5. Accessory dwelling units are not permitted in cottage housing developments (CHDs).
6. Accessory structures for common usage are allowed in the common open space areas. Other accessory structures (except garages) are prohibited.
K. Parking. Parking for CHDs must be located on the CHD property and identified on the tentative subdivision plan and/or site plan. On-site parking must meet the following standards:
1. Parking may be located within an enclosed garage, carport or unenclosed parking space.
2. Parking may be located in common tracts if intended to be shared by the entire CHD in groups of not more than five adjoining spaces separated by at least four feet of landscaping. An enclosed garage or carport intended to be shared by the entire CHD must not exceed 1,200 square feet in size.
3. Parking must not be located in the perimeter setbacks and must be screened from streets and adjacent residential uses by a landscape buffer containing landscaping and/or architectural screening. The width of the landscape buffer is the same width as the perimeter setbacks.
4. Parking is allowed between or adjacent to structures only when it is located toward the rear of the cottage and is served by an alley or private driveway.
Exception: Parking is allowed on a driveway between the garage or carport of a cottage and the street.
5. There are no minimum or maximum parking requirements.
6. All parking must provide a minimum of 24 feet for maneuvering and backing movements from garages, carports and/or parking areas.
L. Frontage Requirements. Individual cottage lots created as part of a CHD subdivision are not required to have frontage on a street. However, the development site must have the minimum frontage on a street as required by the underlying zone.
M. Public Utilities. All lots must be served by individual services from a private or public distribution main. Any deviations from City standards must be approved by the City Engineer. Private services, franchises, sewer and water, must not cross property lines unless there is no means of providing private service laterals from a distribution main, as approved by the City Engineer. Where private services are permitted to cross property lines, the services must be placed in an easement.
N. Covenants, Conditions and Restrictions. Subsequent to final plat approval but prior to issuance of a building permit for any structure in a cottage housing development, a set of conditions, covenants and restrictions (CC&Rs) for the cottage housing development must be reviewed and, if approved by the City, recorded with Deschutes County. The CC&Rs run with the land and may be removed or modified only upon approval of the City of Bend. The CC&Rs must create a homeowners’ association that will provide for maintenance of all common areas in the cottage housing development. [Ord. NS-2463, 2023; Ord. NS-2462, 2023; Ord. NS-2423, 2021; Ord. NS-2389, 2020]