4.2.400 Minimum Development Standards Review.
A. Minimum Development Standards Review for Single-Unit Detached Dwellings, Townhomes, Accessory Dwelling Units, Duplexes, Triplexes, Quadplexes, Single Room Occupancies With Six or Fewer Units and Cottage Cluster Developments.
1. Applicability. This section applies to:
a. The construction of a new single-unit detached dwelling, townhome, accessory dwelling unit, duplex, triplex, quadplex, single room occupancies with six or fewer units and cottage cluster developments; or
b. A request for new vehicular access to an existing residential use, or a request to relocate or reconfigure an existing residential vehicular access that does not increase a nonconformity or create a nonconformity.
Except as provided in subsection (A)(2)(a) of this section, a dwelling unit is also considered new if the livable space of an existing dwelling unit is increased by 50 percent or more. (Partial to full demolition of the existing dwelling unit’s livable space replaced with new square footage of livable space is considered new square footage.)
A Minimum Development Standards Review application is not required for new construction under subsection (A)(1)(a) of this section; however, compliance with subsection (A)(3) of this section, Approval Criteria, is required and will be verified through the building permit process. A Minimum Development Standards Review application is not required for new or modified vehicular access to an existing residential use under subsection (A)(1)(b) of this section; however, compliance with subsection (A)(3) of this section, Approval Criteria, is required and will be verified through the right-of-way permit process.
When the applicant elects to use a discretionary track, a Minimum Development Standards Review application must be submitted and will be elevated to a Type II application (Discretionary Track).
2. Exemptions. The following is not subject to this section:
a. New construction of 200 square feet or less in area to an existing dwelling unit’s livable space. In such instances, subsection (A)(3)(b)(i) of this section must be met.
3. Approval Criteria. The Review Authority must approve, approve with conditions, or deny an application for Minimum Development Standards Review based upon the criteria listed below.
a. The proposed land use is a permitted or conditionally permitted use in the zoning district.
b. The following standards are met:
i. The land use, setbacks, lot area, lot dimensions, density, lot coverage, building height, design review standards and other applicable standards of the underlying zoning district are met.
ii. Uses must comply with the corresponding standards of BDC Chapter 3.6, Special Standards and Regulations for Certain Uses.
iii. Where available, public water and sewer mains must be extended through the length of the property frontage with services provided to the dwelling unit(s).
iv. Street and Alley Improvements for All Uses Other Than ADUs.
(A) Full street improvements must be constructed along the frontages of the property when an improved street has been built to the property line unless the Community and Economic Development Director grants a waiver of this requirement under BDC 3.4.150, Waiver and Modification of Public Improvement Standards. When a street has been built to the property line and is not constructed to City standards, an alternative design may be approved by the City Engineer to match existing improvements. In this case, a waiver under BDC 3.4.150 is not required.
(B) If there is alley access to the property and one or more of the alley driveway approaches are not improved to City of Bend Standards and Specifications, then an alley approach must be improved to City of Bend Standards and Specifications with the proposed development.
(C) For properties over one acre in size where future division of the property is allowable, street and/or alley improvements are not required if any portion of the dwelling is located more than 300 feet from an improved street or alley. In such cases, an agreement to not remonstrate against the formation of a local improvement district must be recorded against the property.
v. Sidewalk Improvements for All Uses Other Than ADUs.
(A) When an existing public sidewalk exists within 600 feet of the front property line on the same side of the street of any of the frontages, sidewalks must be constructed along all frontage(s) of the site. A corner lot or parcel has two or more front property lines and frontages.
(B) Properties within the Woodriver Village subdivision must make a payment in lieu of constructing a sidewalk subject to BDC 3.4.160, Payment in Lieu of Sidewalk Construction.
vi. Driveways and parking areas must be paved with asphalt, concrete or comparable surfacing; a durable nonpaving material (e.g., grass-crete, eco-stone) may be used to reduce surface water runoff and to protect water and air quality or a ribbon driveway may be used in compliance with BDC 3.1.400, Vehicular Access Management. Gravel is not allowed. Driveway apron design and location must conform to City of Bend Standards and Specifications and the City’s adopted accessibility standards for sidewalks and walkways. If a driveway is existing and no changes are proposed to the existing driveway and/or existing parking, then driveway and apron improvements are not required.
vii. Uses must comply with the corresponding standards of BDC Chapter 3.8, Development Alternatives.
viii. Access to the public right-of-way must comply with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, unless exempted by BDC 5.2.100(E). If exempted, the access location may remain but the approach and access area within the right-of-way must be brought up to City standards.
ix. A hard surface pedestrian access route, a minimum width of four feet, must be provided from each dwelling unit to the street upon which it is addressed. If the route is fenced, there must be a gate to allow access.
B. Minimum Development Standards Review for All Other Uses.
1. Applicability. This subsection applies to uses identified in “Permitted and Conditional Use” tables in each zoning district, as well as those uses listed in BDC Chapters 2.7 and 3.8, other than those in subsection (A) of this section where there is one or more of the following:
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. An outdoor use or parking expansion of up to 50 percent of the existing outdoor use area or parking area or up to 5,000 square feet of new outdoor use area (not including food carts) or parking area, whichever is less. Paving existing gravel is a parking expansion unless the existing gravel parking was previously approved in a land use decision and is not legal nonconforming.
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.
d. A permanent or semi-permanent stand-alone commercial use no larger than 250 square feet in size on an existing commercial site (e.g., produce stand, food cart and similar uses).
e. Relocating or reconfiguring an existing driveway or vehicular access that does not increase a nonconformity or create a nonconformity.
f. Construction of a detached non-occupied accessory storage structure that is less than 5,000 square feet and less than 50 percent of the primary structure.
g. Construction of a new non-occupied storage structure that is less than 5,000 square feet in existing storage areas.
All other changes must be processed as a Type II unless exempted.
2. Exemption.
a. Where the property is currently in compliance, and will remain in compliance, with all standards specified in the approval criteria in subsection (B)(3)(c) of this section, then Minimum Development Standards Review is not required.
b. Closing an existing driveway is exempt from Minimum Development Standards Review.
3. Approval Criteria. The Review Authority shall approve, approve with conditions, or deny an application for minimum development standards review based upon the criteria listed below.
a. The proposed land use is a permitted or conditional use in the zoning district.
b. Conditionally permitted uses require approval of a Conditional Use Permit and shall meet the criteria in BDC 4.4.400.
c. The following standards are met:
i. The land use, building/yard setback, lot area, lot dimensions, density, lot coverage, building height, design review standards and other applicable standards of the underlying zoning district are met.
ii. Equipment, outdoor storage, manufacturing and service/delivery areas shall be screened as specified in BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls.
iii. Parking spaces and vehicle circulation areas must be paved and striped as specified in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.
iv. Bicycle parking shall be installed or upgraded to meet the standards specified in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.
v. Access to the public right-of-way shall comply with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, unless exempted by BDC 5.2.100(E). If exempted, the access location may remain but the approach and access area within the right-of-way shall be brought up to City standards.
vi. New paved parking areas shall meet the landscaping requirements of BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls.
vii. Uses must comply with the corresponding standards of BDC Chapters 3.6, Special Standards and Regulations for Certain Uses, and 3.8, Development Alternatives.
viii. Existing required landscaped areas impacted by new construction shall be replaced elsewhere on site.
ix. When an existing public sidewalk exists within 600 feet of the front property line on the same side of the street of any of the frontages, sidewalks shall be constructed along all frontage(s) of the site. A corner lot or parcel has two or more front property lines and frontages.
x. Public utilities shall be adequate to serve the proposal. Where existing utilities are to be replaced, or new utilities are to be installed, construction shall comply with this code and with the City’s Standards and Specifications.
xi. The proposal complies with BC Title 15, Sewer.
xii. The proposal complies with BC Chapter 3.5, Other Design Standards. [Ord. NS-2488, 2023; Ord. NS-2463, 2023; Ord. NS-2462, 2023; Ord. NS-2445, 2022; Ord. NS-2423, 2021; Ord. NS-2389, 2020; Ord. NS-2361, 2020; Ord. NS-2349, 2019; Ord. NS-2318, 2018; Ord. NS-2308, 2018; Ord. NS-2251, 2015]