4.1.600 Deschutes River Design Review Procedures.
For all property subject to the Deschutes River Design Review process pursuant to the Bend Development Code, the following procedures shall apply:
A. There shall be two review tracks for Deschutes River Design Review depending on the level and type of activity proposed. Notwithstanding these provisions, the Community and Economic Development Director may refer any application to the Planning Commission for approval. The Planning Commission’s consideration shall follow the quasi-judicial procedures set forth in BDC 4.1.800.
1. Review Track A. A Type II administrative review shall be performed by the Community and Economic Development Director for the following activities:
a. Minor alterations of 10 percent or less to an existing building facade facing river, including roof.
b. Changes in window or door placement visible from the river.
c. Changes in parking locations.
d. Fill or removal activity within 10 feet of the ordinary high water mark of the Deschutes River.
e. New construction or additions that are not visible from the river due to topography, vegetation or existing development.
2. Review Track B. A Type III review shall be performed by the Planning Commission for the following activities:
a. Appeal of a Type II administrative review decision.
b. New construction and new development.
c. Master plan approval for large-scale projects.
d. Variances to an application in conformance with BDC Chapter 5.1, Variances.
e. Fill and removal activities associated with new development or for creation of fire breaks in association with appropriate fire prevention authorities.
B. The applicant shall submit an application in writing to the Planning Division on forms provided by the City. The request shall include a site plan containing the relevant components listed in BDC 4.2.200 and a description of work and materials that will be used. The Review Authority shall review the request and respond to the applicant in writing of the decision and any conditions placed on the decision.
C. Track B applications shall be reviewed by the Planning Commission as follows:
1. Notice for applications shall be as set forth in BDC 4.1.420, 4.1.423, and 4.1.424. The Commission shall hold a public hearing for any Type III applications. The hearings procedure shall be as set forth in BDC 4.1.800, Quasi-Judicial Hearings.
2. The Planning Commission shall review the entire project, even if only a portion of the project falls within the Deschutes River Corridor Design Review Combining Zone.
3. Appeals of the decision of the Planning Commission shall be to the City Council, subject to the procedures and restrictions set forth in BDC 4.1.1100, Appeals.
D. Where the procedures in this section conflict with other provisions of this code with respect to Deschutes River Corridor Design Review, the provisions of this section shall prevail. [Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]