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Dam means any manmade structure which is or may be used to impound water.

Day Care Facility. See “Child care facility” and “Preschool.”

Day care facility (adult) means community-based group programs designed to meet the needs of adults with functional and cognitive impairments through individual plans of care that are structured, comprehensive and provide a variety of health, social and related support services in protective settings during part of the day but provide less than 24-hour care.

De novo review means a hearing by the review body as if the action had not previously been heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration will be considered a part of the record on review.

Deciduous means a tree or shrub that sheds its leaves seasonally.

Dedication means the transfer of land by its owner to the public. Dedication does not include reservations or easements.

Density means a measurement of the number of dwelling units in relationship to a specified amount of land. As used in this code, density calculation measures gross density and is a measurement used generally for residential uses.

Deschutes River Corridor means all property within 100 feet of the ordinary high water mark of the Deschutes River.

Design standards means standards consisting of objective design-oriented elements that help to ensure that the proposed development conserves and enhances the recognized value of the site or building. The design standards provide additional guidance to items such as pedestrian connections, building materials, ground-floor and upper-level treatments, and the like.

Designated wetlands means areas designated as significant wetlands on the wetland inventory maps adopted by the City of Bend.

Developable means buildable land, as identified by the Bend Comprehensive Plan. Includes both vacant land and land likely to be redeveloped.

Developer means any person, corporation, partnership, or other legal entity who creates or proposes to create a land development; includes any agent of a developer.

Development means all improvements on a site, including buildings, placement or replacement of manufactured or other structures, parking and loading areas, landscaping, paved or graveled areas, grading, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes. Development includes a partition and subdivision. For the purpose of flood standards, “development” shall also mean any manmade change to improved or unimproved real estate, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

Development application, Type I means a development application that is reviewed administratively without public notice or an opportunity for parties to comment, unless elevated to a Type II application by the Community and Economic Development Director when there is a need to interpret or exercise policy or legal judgment, or to apply discretionary land use standards. Type I applications are identified in Table 4.1.1600. A Type I decision includes any authorization or determination that the City of Bend Community Development Department is requested to issue, give or make that:

1. Is made under land use standards that do not require interpretation or the exercise of policy or legal judgment; or

2. Approves or denies a building permit issued under clear and objective land use standards; or

3. Determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the Comprehensive Plan and land use regulations.

Development application, Type II means a development application that is reviewed following public notice and an opportunity for parties to comment but without a public hearing, unless elevated to a Type III application by the Community and Economic Development Director. Type II applications are identified in Table 4.1.1600.

Development application, Type III means a development application where the final decision is made by the Planning Commission or Hearings Officer after a public hearing following the quasi-judicial procedures required and described in BDC 4.1.800. The City Council is the final decision maker in Type III development applications that require the adoption of an ordinance. Type III applications are identified in Table 4.1.1600 and generally meet the factors for Type III quasi-judicial decisions in BDC 4.1.426.

Development application, Type IV means a legislative decision where the final decision is made by the City Council after a public hearing following the legislative procedures required and described in BDC 4.1.500. Type IV applications are identified in Table 4.1.1600. Such applications generally involve broad public policy or discretionary decisions that apply to other than an individual property or small number of properties, and do not meet the factors for Type III quasi-judicial decisions in BDC 4.1.426.

Development standards means land use regulations that guide how sites and buildings can be developed. These standards deal with allowed uses, building heights, densities, parking, building setbacks, etc.

Discretionary means a permit action or decision that involves substantial judgment.

Diversion means any manmade structure that is or may be used to deflect or divert water from a river or stream into a conduit or impoundment.

Door area means the area of the portion of an exterior door or a garage door that moves and does not include the frame.

Drip-line means an imaginary line around a tree or shrub at a distance from the trunk equivalent to the canopy (leaf and branch) spread.

Drive-through facility means a facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive-through facilities also include facilities designed for the rapid servicing of vehicles, where the drivers may or may not remain in their vehicles, but where the drivers usually either perform the service for themselves, or wait on the site for the service to be rendered. Drive-through facilities may serve the primary use of the site or may serve accessory uses. Examples are drive-up windows for food service and banks; gas pump islands; and car wash facilities. Also see “Auto-oriented uses” in this section and BDC Chapters 2.2 and 2.3.

Driveway apron/approach means the area between the curb and the property line that is designed and constructed to provide vehicular ingress and egress. Where there is no curb, the “driveway apron/approach” means the area between the pavement or unpaved travel lane and the property line that provides vehicular ingress and egress.

Driveway (landing) means an area of land intended for vehicular ingress and egress to a site, extending into the site from a street or alley.

Duplex means two dwelling units on one lot or parcel. For permitting purposes, units may be attached vertically or horizontally or detached.

Dwelling, Multi-Unit. See “Multi-unit residential.”

Dwelling, single-unit detached means a single-unit dwelling on its own lot or parcel that does not share a wall with any other building.

Dwelling, Single-Unit Detached Zero Lot Line House. See “Zero lot line development.”

Dwelling, townhome means single-unit dwellings on their own lots or parcels, sharing a common side wall at the property line.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking (limited to one kitchen only) and sanitation (full bathroom).