(a) An exemption from land use review does not exempt the use or development from compliance with the applicable standards of this chapter, including but not limited to access, parking, riparian protection, and landscaping.

(b) The following uses or developments do not require land use review.

(a) Non-discretionary administrative decisions shall be made by applying clear and objective approval criteria and standards.

(b) Decisions shall be made by the Planning Director or designee.

(c) No public notice, public comment period, or public hearing shall be required.

(d) Requested action shall be initiated by the applicant.

(e) Decisions are final, and except for Final Planned Unit Development (PUD) Plan and Minor Historic Review decisions, are not appealable. Final PUD Plan decisions are appealed to the Planning Commission per Section 10.140(6)(c). Minor Historic Review decisions are appealed to the Landmark and Historic Preservation Commission per Section 10.140(6)(d).

(a) Administrative decisions shall be made by applying clear, objective approval criteria and standards while using limited discretion to determine impact(s) on adjacent properties and the surrounding vicinity, public infrastructure and services, and the health, welfare, and safety of the community at-large.

(b) Decisions shall be made by the Planning Director or designee.

(c) Public notice and a public comment period are required according to Section 10.124 of this Chapter, but a public hearing shall not be required.

(d) Requested action shall be initiated by the applicant.

(e) Appeals of Site Plan and Architectural Reviews - Type II are appealed to the City Council, at a public hearing, per Section 10.140(6)(b); all other appears of Type II decisions are heard by the Planning Commission at a public hearing per Section 10.140(7).

(a) Quasi-judicial decisions require the application of clear, objective approval criteria and standards, and a degree of discretion to determine compliance with approval criteria and the impact(s) of development on adjacent properties and the surrounding vicinity, public infrastructure and services, and the health, welfare, and safety of the community at-large. If necessary to mitigate such impacts, conditions may be imposed to bring the proposed land use into compliance and/or to mitigate impacts.

(b) Decisions are made by the designated approving authority.

(c) Public notice, a public comment period, and a public hearing are required according to Section 10.124 of this Chapter.

(d) Requested action may be initiated by City Council, the Planning Commission or an applicant.

(e) Appeals of Type III decisions are heard by the City Council per Section 10.140(8).

(a) Legislative decisions that involve the greatest degree of discretion as they establish by law the general policies and regulations for future land use decisions and have either widespread and significant impact beyond the immediate area or change the character of the land use, or affect large areas or many different ownerships.

(b) The Planning Commission shall review Type IV land use permit applications and forward a recommendation to City Council to approve, approve with modifications, approve with conditions, deny, or to adopt an alternative. City Council shall consider and address the recommendation, but shall not be bound by it. The City Council is the approving authority and, if it so determines that a Type IV land use permit application has satisfied the standards and criteria for approval, shall approve Type IV land use applications by ordinance.

(c) Public notice(s), public comment period(s) and public hearing(s) are required according to Section 10.124 of this Chapter

(d) Requested action may be initiated by City Council and Planning Commission (except annexations). Minor amendments or Urbanization Plans may be initiated by an applicant(s).

(e) Appeals of Type IV decisions are made to the Land Use Board of Appeals (LUBA) per Section 10.140(9).

(a) The City Council

(b) The Planning Commission

(c) The Site Plan and Architectural Commission

(d) The Landmarks and Historic Preservation Commission

(e) The Planning Director

(a) Approve, conditionally approve, or disapprove applications for land use review(s);

(b) Determine compliance or lack of compliance with the approval criteria listed under each application type.

(a) The Planning Commission shall have all powers set forth in ORS 227.090 (Powers and Duties of Commission) except as otherwise provided by ordinance of the City Council.

(b) The Planning Commission is hereby designated as the approving authority for the following land use reviews:

Land Use Review

Appeals (See Section 10.140)

Conditional Use Permit

Exception

Manufactured Dwelling Park/Mobile Home Park – Type III

Major Modification to Manufactured Dwelling Park/Mobile Home Park – Type III

Park Development Review

Preliminary Planned Unit Development (PUD) Plan

Subdivision Tentative Plat

Zone Change (Minor)

(a) Study and report on all proposed code amendments referred to it by the City Council. When reviewing any such proposed amendments, the Planning Commission shall submit its recommendation and findings to the City Council.

(b) Review this chapter and report on same to the City Council at least once every five years commencing on the date of enactment of this chapter. Specifically the Planning Commission shall:

(c) Serve as the Committee for Citizen Involvement (CCI) per the Comprehensive Plan.

(a) Number Appointed. The Planning Commission shall consist of nine voting members appointed by the Mayor and City Council.

(b) Length of Term. All terms shall be for a period of four years beginning on February 1 of each year with not more than three terms expiring in the same year.

(c) Position Appointments. The Planning Commission members shall at a minimum comply with the requirements of Oregon Revised Statutes (ORS) 227.030 (Membership) as provided below or as amended:

(d) Selection Criteria. All members of the Commission shall either be residents of the City of Medford or Medford Urban Growth Boundary. No more than two members of the Commission shall be appointed who reside outside the Medford city limits. A Commissioner who ceases to meet the residency requirement during their term of office shall forfeit the office and a new member shall be appointed to serve the unexpired portion of the term.

(e) Removal Terms. A member may be removed by the Mayor and City Council, after a hearing, for misconduct or nonperformance of duty.

(f) Vacancy Replacement. A Commissioner who ceases to meet the residency requirement during their term of office shall forfeit the office and a new member shall be appointed to serve the unexpired portion of the term. Any vacancy shall be filled by the Mayor and City Council for the unexpired term of the predecessor in the office.

(g) Quorum. A quorum of the Planning Commission shall consist of a majority of the current membership of the Commission.

(a) Number Appointed. The Site Plan and Architectural Commission shall consist of seven voting members appointed by the Mayor and City Council.

(b) Length of Term. Site Plan and Architectural Commissioner terms shall be for a period of four years, with the exception of the member of the Planning Commission, whose initial term shall be for a period of two (2) years. Subsequent Planning Commissioner terms shall be for one year if reappointed. Said terms shall begin on February 1st of each year with not more than two terms expiring in the same year, exclusive of the Planning Commissioner.

(c) Position Appointments.

When selecting persons to fill the remaining three positions, preference should be given to applicants who have training or experience closely related to the licensed positions. At the Mayor’s and City Council’s discretion, an appointment to any of the three professional/licensed positions may be an individual who, in lieu of having a valid license in the profession, possesses a comparable combination of skill, education, training and experience related to the respective professional licensing category. When appointing the at-large positions, no more than two members should be engaged in the same kind of occupation, business, trade or profession.

(d) Selection Criteria. All members of the Commission shall either be residents of the City of Medford or Medford Urban Growth Boundary. No more than two members of the Commission shall be appointed who reside outside the Medford city limits. A Commissioner who ceases to meet the residency requirement during their term of office shall forfeit the office and a new member shall be appointed to serve the unexpired portion of the term.

(e) Removal Terms. A member may be removed by the Mayor and City Council, after a hearing, for misconduct or nonperformance of duty.

(f) Vacancy Replacement. A Commissioner who ceases to meet the residency requirement during their term of office shall forfeit the office and a new member shall be appointed to serve the unexpired portion of the term. Any vacancy shall be filled by the Mayor and City Council for the unexpired term of the member being replaced.

(g) Quorum. A quorum of the Site Plan and Architectural Commission shall consist of a majority of the current membership of the Commission.

(a) To study proposed Comprehensive Plan and Land Development Code amendments relating to historic preservation, and submit recommendations regarding such proposals to the Planning Commission and City Council.

(b) To institute and support programs and projects that further the historic preservation policies of the City of Medford.

(c) To adopt approval criteria for Minor Historic Review of alterations of and/or new construction of residential fencing, roofing materials, exterior colors, signage, awnings, and non-contributing and non-historic buildings within Historic Preservation Overlay Districts. Such criteria shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Places as applicable.

(d) To adopt design guidelines for new construction and exterior alterations within an Historic Preservation Overlay. Such guidelines may be general or specific in nature and shall be in the form of approaches intended to aid applicants in preparation, presentation, and implementation of development proposals that comply with the Medford Comprehensive Plan and implementing ordinances. Guidelines shall be advisory and shall not limit applicants to a single approach.

(e) To adopt approval criteria and/or design guidelines for signage within the Historic Preservation Overlay. Such criteria or design guidelines may authorize signs that differ from the standards of Article VI when necessary to meet historic compatibility and preservation goals.

(f) To support the enforcement of all state laws related to historic preservation.

(g) To identify and evaluate properties in the City and maintain a Historic Resource Survey consistent with the Standards of the Oregon State Historic Preservation Office (SHPO).

(a) Historic Preservation Overlay Changes. Review and investigation of any historic resource in the City of Medford that may have historic significance; initiation of proceedings to change the extent of the Historic Preservation Overlay; decisions on applications to change to the extent of the Historic Preservation Overlay; and preparation of findings substantiating or refuting the historic significance of the resource.

(b) Exterior Alteration and/or New Construction Review. Consideration of proposed exterior alteration and/or new construction within a Historic Preservation Overlay.

(c) Demolition and/or Relocation Review. Consideration of proposed demolition or relocation within a Historic Preservation Overlay, and authorization of either delayed or immediate issuance of a demolition or relocation permit.

(a) Number Appointed. The Landmarks and Historic Preservation Commission shall be made up of five voting members appointed by the Mayor and City Council.

(b) Length of Term. All regular terms of members of the Landmarks and Historic Preservation Commission shall be for a period of four years, and shall begin on February 1, with not more than three terms expiring in the same year.

(c) Position Appointments. All members of the Landmarks and Historic Preservation Commission shall have demonstrated positive interest, competence, or knowledge of historic preservation. The Planning Director or designee shall serve as an ex-officio member of the Landmarks and Historic Preservation Commission.

(d) Selection Criteria. All members of the Commission shall either be residents of the City of Medford or Medford Urban Growth Boundary. No more than two members of the Commission shall be appointed who reside outside the Medford city limits

(e) Removal Criteria. A member of the Landmarks and Historic Preservation Commission may be removed by the Mayor and City Council, after a hearing, for misconduct or nonperformance of duty. Replacements shall be appointed by the Mayor and City Council for the remainder of the unexpired term. A Commissioner who ceases to meet the residency requirement during their term of office shall forfeit the office and a new member shall be appointed to serve the unexpired portion of the term.

(f) Quorum. A quorum of the Landmarks and Historic Preservation Commission shall consist of a majority of the currently appointed members.

(a) Except as otherwise provided by law or this Code, the Landmarks and Historic Preservation Commission shall conduct its meetings in accordance with Robert’s Rules of Order, Newly Revised, unless other rules are adopted by the Commission.

(b) The Landmarks and Historic Preservation Commission shall meet as necessary to act on Historic Reviews in a timely manner.

(c) There shall be at least one meeting of the Landmarks and Historic Preservation Commission held each year, during the month of March.

(a) After deeming an application complete per Section 10.122, the Planning Department shall transmit one copy of the proposed legislation, or land use permit application, and necessary accompanying data for review and comment to any governmental agency or private entity that is entitled to notice per the Planning Department’s Distribution Schedule.

(a) Affected Agency Reports. Other agencies having jurisdiction shall report to the Planning Department as to any recommendations or provisions which in their determination are required for the approval of the land use permit consistent with this code.

(b) City Engineer's Report. The City Engineer shall investigate and report on existing facilities and make a recommendation on the manner in which the land use is to be provided City services. The City Engineer shall appropriately condition the land use permit to adequately provide for the provision of public infrastructure for the land constituting and surrounding the proposed land use.

(c) Fire Department. The Fire Department shall investigate and report on existing facilities and make a recommendation concerning the number and placement of fire hydrants and other fire protection requirements for the proposed land use.

(d) Water Commission. The Water Commission shall investigate and report on the applicable infrastructure that is in place, what easements pertain to the project, and what are the improvements needed to provide adequate infrastructure to the site.

(e) Planning Department. The Planning Department shall review the land use permit application in relation to the Comprehensive Plan, any applicable specific plans prescribed by law which affect the proposed land use and in relation to any and all criteria and standards applicable to the application type. The staff report shall either summarize, or incorporate by reference, all referral agency reports and public comments received, and shall itemize such conditions as it deems appropriate to be imposed by the approving authority if approval is to be recommended. The staff report shall be made available at no cost by the Planning Department seven days before the public hearing.

(a) If an applicant requests review under different standards, the following is applicable:

(a) all of the missing information;

(b) some of the missing information and written notice that no other information will be provided; or

(c) written notice that none of the missing information will be provided. Any applications that are resubmitted to the Planning Department shall be subject to the standards and criteria in effect at the time the application is resubmitted.

(a) Explain the nature of the application and the proposed use or uses which could be authorized;

(b) List the applicable criteria from the Code and the Comprehensive Plan that apply to the application at issue;

(c) Set forth the street address or other easily understood geographical reference to the subject property;

(d) State the date, time and location of the hearing; or, for Type II applications, state the date the decision will be rendered;

(e) State that failure to raise an issue in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal based on that issue;

(f) Include the name of a local government representative to contact and the telephone number where additional information may be obtained;

(g) State that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;

(h) State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; or for a Type II application the staff report will be available on the day the decision is rendered; and

(i) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings, when applicable.

(a) Contents of sign. Public notice signs shall include a description of the proposed land use action, the date of the public hearing or decision date, and the City of Medford file number for the proposed land use action.

(b) Location and number of signs. A posted public notice sign must be placed on each existing street frontage of the project site. If a frontage is over 600 feet long, a public notice sign is required for each 600 feet, or fraction thereof. Public notice signs must be posted within 10 feet of a street lot line and must be visible to pedestrians and motorists. Public notice signs may not be posted in a public right-of-way, unless the land use action specifically pertains to a public right-of-way. If posting must occur in the right-of-way, care should be taken to comply with Section 10.735, Clear View of Intersecting Streets.

(c) Sign posting schedule. The required sign(s) shall be posted as specified in Table 10.124-1. Posted signs shall be removed within 10 days following the final decision.

(a) Notice of Type II Land Use Action. In the case of Type II land use actions where there is no public hearing, notification shall be mailed to the applicant and all affected property owners within 14 calendar days of deeming an application complete pursuant to Section 10.122.

(b) Notice of Type III and IV Land Use Actions. Notification shall be mailed to the applicant and all affected property owners no later than 21 days prior to each public hearing date.

(c) All addresses for mailed notices shall be obtained from the latest property tax rolls of the Jackson County Assessor's office.

(d) Affected property owners for each procedure type shall be determined as indicated in Table 10.124-1.

(a) Regulate the course and decorum of the meeting.

(b) Dispose of procedural requests and similar matters.

(c) Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation, questions, and rebuttal testimony.

(d) Question any person appearing, and allow other members to question any such person.

(e) Waive, at their discretion, the application of any rule herein where the circumstances of the hearing indicate that it would be expedient and proper to do so, provided that such waiver does not act to prejudice or deny any party their substantial rights as provided herein or otherwise by law.

(f) Take such other action as authorized by the approving authority to appropriately conduct the hearing.

(a) Is disorderly, abusive, or disruptive;

(b) Takes part in or encourages audience demonstrations such as applause, cheering, display of signs, or other conduct disruptive to the hearing;

(c) Testifies without first receiving recognition from the presiding officer and stating his full name and residence; and,

(d) Presents irrelevant, immaterial, or repetitious evidence.

(a) Commencement: At the commencement of a hearing under a Comprehensive Plan or land use regulation, a statement shall be made to those in attendance that lists the applicable substantive criteria; states that testimony and evidence must be directed toward the criteria described in this subsection or other criteria in the plan or land use regulation which the person believes to apply to the decision; and states that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal based on that issue.

(b) Abstentions, Conflict of Interest and Challenges. All members shall comply with ORS 244.120 and 244.130 regarding actual or potential conflicts of interest. Any member who is disqualified or wishes to abstain from participation in the hearing on a proposal shall identify the reasons for the record and shall not thereafter participate in the discussion as a member or vote on the proposal. Any challenges to the impartiality shall also be decided at this time.

(c) Planning Director's Report. The presiding officer shall request that the Planning Director or staff member report on the criteria and standards and the basic factual evidence applicable to the case and indicate the action required to be taken.

(d) Applicant's Case. The presiding officer shall allow the applicant or applicant's representative to present evidence in support of the application. The applicant shall be allowed to produce witnesses on their behalf. Other parties in favor of the proposal shall thereafter be allowed to present their evidence. Applicant may then reserve time for rebuttal. The Planning Director may appear as an applicant on a staff proposal.

(e) Opponent's Case. The presiding officer shall allow opponents to present evidence in opposition to the proposal. Opponents shall be allowed to produce witnesses on their behalf.

(f) Questioning of Witnesses. Cross examination shall be permitted as per Section 10.132.

(g) Applicant's Rebuttal if Reserved.

(h) Staff Summary and Recommendations. The Planning Director or staff person may present any additional evidence, comments and recommendations at the close of the hearing.

(i) Final Discussion. Upon conclusion of the evidence, members shall be allowed to openly discuss the proposal and further question any party appearing for or against the proposal as necessary.

(j) Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the limitations of ORS 227.178, “120 Day Rule.”

(k) When the advisory body/approving authority re-opens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

(l) The failure of the property owner to receive notice as provided in Section 10.124 shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was mailed. The notice provisions contained in Section 10.124 shall not restrict the giving of notice by other means, including posting, newspaper publication, radio and television.

(a) received official written notice of the hearing or was entitled to receive such notice, or

(b) has interests which could be adversely affected by the decision.

(a) Notice of Decision Content, Type II. The content of the notice of decision shall:

(b) Final Decision and Effective Date, Type II. The effective date of the final decision shall be 14 calendar days following the date the notice of decision is mailed, unless appealed, in which case the decision is effective when the appeal is decided.

(c) Appeal, Type II. Type II land use decisions shall be appealed as follows:

(a) Any person with standing may appeal a land use decision of an approving authority (Planning Commission, Site Plan and Architectural Commission, Landmarks and Historic Preservation Commission, and Planning Director) which approves conditionally, approves, or disapproves an appealable land use action per Subsection (E), by filing a written notice together with the requisite filing fee with the Planning Department within 14 days after notice of the decision is mailed.

(b) A person has standing if the person:

(c) For a Type II land use decision, a person with standing is an applicant or owner of the subject property, or was entitled to written notice of the decision, or participated in the proceeding by submitting written comments.

(a) A notice of appeal shall be signed by the appellant or their agent and shall contain:

(b) Upon timely receipt of the notice of appeal and filing fee, the Planning Department shall schedule the appeal for a hearing before the appropriate appeal body at the next regular hearing that falls not less than fourteen days after the date of filing. The Planning Department shall notify the appellant and other parties with standing, of the time and place of the hearing by first class mail, enclosing a copy of the notice of appeal.

(a) De novo: Anyone may testify. Issues are not limited to those raised in the appeal. New evidence and argument may be presented.

An appeal of a Type II land use decision, shall be a ‘de novo’ hearing as required by ORS 227.175 (10)(a)(D). The de novo hearing shall be the initial evidentiary hearing required under ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals.

(b) On the record: Issues are limited to those raised in the appeal. New evidence may not be presented. New arguments may be presented so long as they relate to issues raised in the initial proceedings.

(a) Upon review of the appeal, the appeal body may by order affirm, reverse or modify in whole or in part a determination or requirement of the decision that is under review. When the appeal body modifies or renders a decision that reverses a decision of the approving authority, the appeal body, in its final order, shall set forth its finding and state its reasons for taking the action encompassed in the order. When the appeal body elects to remand the matter back to the approving authority for such further consideration as it deems necessary, it shall include a statement explaining the error to have materially affected the outcome of the original decision and the action necessary to rectify such.

(b) Action by the appeal body shall be decided by a majority vote of its members present at the meeting at which review was made and shall be taken either at that or any subsequent meeting. The appeal body shall render its decision within the time limits allowed by State law.

(a) With the exception of Riparian Corridor Reductions or Deviations, Final PUD Plan decisions and Minor Historic Review decisions, all other Type I land use decisions are final and not appealable under this chapter or any other provision of the Medford Municipal Code.

(b) Riparian Corridor Reduction or Deviation decisions made by the Planning Director or designee may be appealed to the City Council.

(c) Final PUD Plan decisions made by the Planning Director or designee may be appealed to the Planning Commission.

(d) Minor Historic Review decisions made by the Planning Director or designee may be appealed to the Landmarks and Historic Preservation Commission.

(a) Site Plan and Architectural Review – Type II land use decisions made by the Planning Director or designee may be appealed to the City Council as a de novo hearing. The City Council decision on appeal shall be the final local decision on the matter.

(b) All other Type II land use decisions made by the Planning Director or designee, may be appealed to the Planning Commission as a de novo hearing. The Planning Commission decision on appeal shall be the final local decision on the matter.

(c) Expedited Land Use Reviews, Including Middle Housing Land Division. Decisions made by the Planning Director or designee may be appealed to a referee, pursuant to ORS 197.375.

(a) All properties were lawfully created;

(b) No new lots or parcels of land will result from the adjustment;

(c) The adjustment will not result in a unit of land that overlaps the city limit line, urban growth boundary, or zoning districts;

(d) The adjusted property configurations shall not create a substandard condition relative to the applicable standards of the Code. When one or more properties are less than the minimum required area or width, none of the resulting units of land shall be made smaller in area or narrower in width than the original smallest existing unit of land.

(a) A site plan drawn to scale by a land surveyor registered in the State of Oregon showing the following:

(b) A report from a title company prepared within 30 days listing the vested owners, easements, encumbrances, and other matters of record for each property;

(c) The owners of all properties that will be modified by the property line adjustment must sign the application form or a letter of authorization.

(a) Preliminary Review. Once the application has been submitted the Planning Department shall send a copy to affected agencies and City departments for review. Within 25 working days after the application has been submitted, the Planning Department shall send a written notification to the applicant indicating:

(b) Final Review.

(a) A scaled site plan or vicinity map identifying the location of the public utility easement to be removed;

(b) Legal description and exhibit map of the easement to be removed prepared by an Oregon registered surveyor;

(c) Assessor’s map and tax lot identification for subject properties;

(d) A statement or letter from all franchise utilities verifying that they have been notified of the proposed removal of the PUE and do not oppose its removal;

(e) A quitclaim deed, with a signature line for the Planning Director, acting on behalf of the City as grantor; and

(f) Written findings that address the approval in Section 10.159A(3).

(a) The easement does not grant public access for open space, trails, shared-use paths or other similar facilities.

(b) The City, or a franchise utility provider licensed by the City, have no need for the public utility easement or any portion thereof.

(c) There are no existing or known utility facilities within the easement.

(d) Future plans for development of the property do not necessitate the PUE.

(a) The application has been conditionally approved and is consistent with, the criteria in Section 10.159A(3); or

(b) The application has been disapproved as it is not consistent with the criteria in Section 10.159A(3).

(a) Within sixty days of the final decision date, applicant shall, at applicant’s expense, record the PUE removal quitclaim deed with the Jackson County Recorder’s Office. If the quitclaim deed is not filed within sixty days the approval shall expire.

(b) Once a decision on the removal of the public utility easement (PUE) has been made, the property owner, agent, and franchise utility companies shall be sent written notification of the decision, with a copy of the recorded quitclaim deed.

(a) Where final plat approval for the identical lot or site has been previously obtained from the City within 10 years prior to the date of application for a building permit, in accord with such ordinance requiring plat approval which was in effect at that time, and such final plat is of record evidencing such plat approval;

(b) Developments made solely for the purpose of opening or widening a public street or alley, or those involving conveyance, transfer, access, sewer, water, or public utility, provided that no partitions or parcels of land are created other than those directly caused by such action.

(c) Developments made solely because of the acquisition of lands by government agencies for freeways, parks, public buildings, flood control channels, or other public purposes, or for the sale of minor remnant parcels by such agencies to adjacent property owners where such land involved in the sale is not designated in the City's Comprehensive Plan as a recreational facility. In connection with the sale of any such minor remnant parcel, the person acquiring the property shall consolidate the acquired remnant parcel with his existing contiguous ownership;

(d) Developments involving land dedicated for cemetery purposes; or

(e) Developments caused by a conveyance for the purpose of adding land to one parcel by deducting it from another contiguous parcel, where such does not reduce the area of the parcel from which such portion is taken below the minimum area, frontage, width or depth prescribed for the zoning district in which said parcel is located, nor reduce any of the required yard spaces surrounding any structure or use on such parcel below the minimum prescribed for such zoning district.

(a) Prior to submitting a final plat to the Planning Department, the applicant shall:

(b) The City Engineer shall examine the final plat and accompanying data and shall within 15 working days determine:

(c) Upon the City Engineer's determination that conformity with the foregoing has been made, they shall execute the City Engineer's certificate on said final plat and cause said plat to be forwarded to the Planning Department for approval by the Planning Director.

(a) No final plat shall be accepted by the Planning Department unless, in addition to the above, the following is complied with:

(b) The Planning Department shall examine the final plat and accompanying data and shall within five working days determine:

(a) The Planning Director shall within a period of not more than 25 working days after a final plat is submitted to the Planning Department, approve or disapprove the final plat and acknowledge compliance with all conditions of the tentative plat.

(b) If the final plat does not conform with all local code requirements applicable at the time of approval of the tentative plat and all rulings made thereunder, the Planning Director may disapprove said plat, or approve it; said approval to become unconditional at such time as said plat is made to comply with the approved tentative plat and such code requirements.

(c) Upon disapproval of any final plat, the Planning Director shall return said plat to the applicant together with a written statement setting forth the reasons for such disapproval.

(d) Upon approval by the Planning Director becoming unconditional, the Planning Director shall sign and affix the City seal to the approving authority certificate attached to said plat.

(e) No land division will be recognized as complete until final plat is unconditionally approved by the Planning Director and no title to or interest in any property described in any offer of dedication on the final plat which is accepted by the Planning Director shall pass until recordation of said plat.

(f) Within 10 days after recordation of the final plat, the applicant at their own expense shall furnish to the Planning Department one copy.

(a) Is consistent with the Comprehensive Plan, any other applicable specific plans thereto, including Neighborhood Circulation Plans, and all applicable design standards set forth in Article IV and V;

(b) Will not prevent development of the remainder of the property under the same ownership, if any, or of adjoining land or of access thereto, in accordance with this chapter;

(c) If it includes the creation of streets or alleys, that such streets or alleys are laid out to be consistent with existing and planned streets and alleys and with the plats of land divisions already approved for adjoining property, unless the approving authority determines it is in the public interest to modify the street pattern;

(d) If it has streets or alleys that are proposed to be held for private use, that they are distinguished from the public streets or alleys on the tentative plat, and reservations or restrictions relating to the private streets or alleys are set forth;

(e) Will not cause an unmitigated land use conflict between the land partition and adjoining agricultural lands within the EFU (Exclusive Farm Use) zoning district.

(a) Is consistent with the standards as outlined in Section 10.703 and as required in the underlying zoning district.

(b) Is consistent with the Comprehensive Plan, any other specific plans applicable to the proposed land division, including Neighborhood Circulation Plans, and all applicable development standards set forth in Articles IV and V of Chapter 10;

(c) Will not prevent development of the remainder of the property under the same ownership, if any, or of adjoining land or of access thereto, in accordance with this chapter;

(d) Bears a name that has been approved by the approving authority and does not use a word which is the same as, similar to, or pronounced the same as a word in the name of any other subdivision in the City of Medford; except for the words “town,” “city,” “place,” “court,” “addition,” or similar words; unless the land platted is contiguous to and platted by the same applicant that platted the land division bearing that name; or unless the applicant files and records the consent of the party who platted the land division bearing that name and the block numbers continue those of the plat of the same name last filed;

(e) If it includes the creation of streets or alleys, that such streets or alleys are laid out to be consistent with existing and planned streets and alleys and with the plats of land divisions already approved for adjoining property, unless the approving authority determines it is in the public interest to modify the street pattern;

(f) If it has streets or alleys that are proposed to be held for private use, that they are distinguished from the public streets or alleys on the tentative plat, and reservations or restrictions relating to the private streets or alleys are set forth;

(g) Will not cause an unmitigated land use conflict between the land partition and adjoining agricultural lands within the EFU (Exclusive Farm Use) zoning district.

(a) Application for Middle Housing Land Division Tentative Plat. See Section 10.202(2).

(b) Form of Tentative Plat and Accompanying Data. See Section 10.202(3).

(c) Building Proposal. A proposal shall submit building plans and site plan for the development of middle housing in compliance with the building code for review.

(d) Approval Criteria. The tentative plan of a middle housing land division shall be approved if all of the following criteria are met, and the existing lot or parcel to be subdivided complies with local land use regulations, including standards such as lot area, lot width and depth, and lot frontage:

(e) Conditions of Approval. The conditions of approval for a middle housing development are limited to the following:

(f) Additional Provisions.

(g) Final plat process.

(a) Is a multifamily development of three net acres or less; or

(b) Is a cottage cluster development of nine or more dwelling units on three net acres or less; and

(c) The proposed land use does not require a Type III or Type IV land use review in conjunction with the multifamily development such as, but not limited to, an exception, historic review or land division.

(a) It was created through a deed or land sale contract that did not comply with the criteria applicable to the creation of the unit of land at the time of sale or transfer; and

(b) It was created solely to establish a separate tax account, created by gift, or created through any other method of transfer that is not considered a sale.

(a) The unit of land was unlawfully created as defined in 10.176A(1) prior to January 1, 2007; and

(b) The unit of land could have complied with applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold; and

(c) A validation tentative plat, prepared by an Oregon professional land surveyor, complying with Section 10.170(3), Partition Tentative Plat (see Sections 10.202(3)(a) through (3)(h)), and the applicable provisions of ORS Chapter 92.

(a) Approval to validate a unit of land shall take effect fourteen calendar days following the date the notice of decision is mailed, unless appealed, in which case the decision is effective when all appeals are decided.

(b) A final validation plat, prepared by an Oregon professional land surveyor, shall be submitted by the applicant for review and signatures in accordance with applicable provisions of Section 10.162, ORS 92 and ORS 209. The unit of land becomes lawfully established if the plat is recorded with the county within 90 days after the date the City validates the unit of land.

(c) One copy of the recorded plat (either in paper or electronic format) shall be provided to the Planning Department within 10 days following recordation.

(a) The deed, land sales contract or other document that created the unit of land;

(b) For a unit of land unlawfully created within the City, a copy of the land division and zoning regulations applicable to the property at the time the unit of land was created;

(c) For a unit of land unlawfully created outside the City, documentation identifying the County zoning designation of the property at the time the unit of land was created and either:

(d) A validation tentative plat prepared in accordance with Section 10.170(3), Partition Tentative Plat (see Sections 10.202(3)(a) through (3)(h)), and the applicable provisions of ORS Chapter 92.

(a) No zone change or conditional use permit is required for affordable housing within the urban growth boundary, if the property is zoned:

(b) This does not apply where:

(c) The following height and density bonuses may apply to any affordable housing development meeting the criteria in this chapter, and that is located within a residential zone:

(d) Where an affordable housing project seeks approval to develop and meets the criteria described in Section 10.200 and this section, and is less than three gross acres, approval shall be a Type II procedural type. Where an affordable housing project seeks approval to develop and meets the criteria described in Section 10.200 and this section, and is more than three gross acres, approval shall be a Type III procedural type.

(e) As a condition of approval, any development benefiting from this section shall be subject to a property covenant ensuring affordability for a duration of no less than 30 years, and which outlines monitoring and compliance requirements.

(f) Appeals shall follow the procedure outlined in Section 10.140.

(a) The approving authority shall take final action within 120 days after the application is deemed complete.

(b) An applicant may make a written request to extend the 120-day period for a specified period of time. In no case may the total extensions exceed 245 days.

(a) Conditional Use Permits (CUPs) approved under this Section shall be exempt from, and there shall be no requirement to apply separately for, a Site Plan and Architectural Commission review or to demonstrate compliance with the approval criteria in Section 10.200(5). However, the Planning Director in their discretion may forward a CUP proposal or proposed revisions thereto to the Site Plan and Architectural Commission for review. When forwarded by the Planning Director, the Site Plan and Architectural Commission shall have authority to review the CUP plans and make recommendations to the Planning Commission.

(b) Delegation of Authority. The Planning Commission may delegate authority to the Site Plan and Architectural Commission or to the Planning Director to approve in its name the plans for buildings or any other element of a CUP or revisions thereto after the Planning Commission has approved the CUP. The authority delegated by the Planning Commission under this Subsection shall be delimited in conditions attached to the approval. Notwithstanding any other provision of this Code, the approval of delegated matters shall be subject to a Type III Procedure as set forth in Article II.

(a) The Planning Commission must determine that the development proposal complies with either of the following criteria before approval can be granted.

(b) In authorizing a conditional use permit the Planning Commission may impose any of the following conditions:

(a) Preserve unique assets of interest to the community.

(b) Provide a public facility or public nonprofit service to the immediate area or community.

(c) Otherwise provide a use or improvement that is consistent with the overall needs of the community in a location that is reasonably suitable for its purpose.

(a) Major Modification of a CUP. Any modification that is not a minor modification is a major modification. A request to substantially modify a conditional use permit shall be processed in the same manner as a request for a conditional use permit in this section. The Planning Director or designee may waive submittal requirements deemed unnecessary or inapplicable to the proposal.

(b) Minor Modification of a CUP. A minor modification to an approved permit may be approved provided the Planning Director can determine that the modification does not constitute a major modification. The purpose of the determination is to assure that a modification does not significantly affect other property or uses; will not cause any deterioration or loss of any natural feature, process or open space; nor significantly affect any public facility. A minor modification shall meet all of the following standards:

(a) Vicinity map drawn at a scale of l" = 1,000' identifying the location of the proposed site.

(b) Assessor's map with subject site identified.

(c) Site plan drawn to scale on an eighteen inch by twenty-four inch (18" x 24") sheet. Site plan shall identify all existing and proposed buildings, parking, drives, vegetation or landscaping, adjacent development.

(d) Property owner's (and agent's) names, addresses, and map and tax lot numbers within 200 feet of the subject site, typed on mailing labels.

(e) Findings prepared by the applicant or his/her representative addressing the criteria set forth in Section 10.184(3), Conditional Use Permit Approval Criteria.

(f) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).

(g) A Landscape Plan, meeting the specifications and requirements in Section 10.780, if applicable.

(a) New or expanded parks outside of the Public Parks zone require a Conditional Use Permit.

(b) New or expanded trails or shared-use paths outside of the Public Parks zone may be reviewed in conjunction with another land use review, such as a Land Division, Site Plan & Architectural Commission Review, Transportation Facility, or Planned Unit Development. If the trail or path is a standalone project, outside of the Public Park zone, a Conditional Use Permit is required.

(a) The proposed park or park building facility is located within the Public Park zone.

(b) The proposal is substantially consistent with the Leisure Services Plan of the Comprehensive Plan.

(c) The proposal complies with all applicable provisions of all City ordinances or the Planning Commission has approved an exception as provided in Section 10.186.

(d) The proposal addresses the mitigation of impacts as described in 10.185(2).

(a) Modify the manner in which the park operates, including restricting the time an activity may occur, restraints to minimize noise, vibration, air pollution, glare, and odor;

(b) Establish a special setback;

(c) Modify the height, size, bulk, or location of a building or other structure; this can be accomplished with changes in: building orientation and articulation, surface materials, windows, doors, and other architectural features;

(d) Designate the size, number, location, or nature of vehicular access points;

(e) Modify the improvements within the street right-of-way;

(f) Designate the size, location, screening, drainage, surfacing, or other improvement of the parking areas;

(g) Designate the location, surfacing, or type of bicycle parking;

(h) Limit or increase the number of vehicular and bicycle parking spaces;

(i) Limit the number, size, location, height, or lighting of signs;

(j) Limit the number, location, height, directional orientation, and intensity of exterior lighting;

(k) Require the installation of landscaping, walls, or fences or other methods of screening and buffering; designate the size, height, location, or materials of fencing;

(l) Increase or decrease the amount of landscaping on the site;

(m) Protect, restore, and retain existing natural features.

(a) Major Modification. Any modification that is not a minor modification is a major modification. A request to substantially modify a Park Development Review shall be processed in the same manner as a request for a Park Development Review in Section 10.185. For existing park facilities with conditional use permit approvals issued prior to the creation of the Park Development Review process, the review shall be limited to the new or expanded park uses or development. Previously approved uses or development under the conditional use permit process shall be incorporated into the Park Development Review decision in order to combine existing and new approvals under this land use procedure. The Planning Director may waive submittal requirements deemed unnecessary or inapplicable to the proposal.

(b) Minor Modification. A minor modification to an approved Park Development Review or prior conditional use permit approval may be approved by the Planning Director provided the Planning Director determines that the modification does not constitute a major modification. The purpose of the determination is to assure that a modification does not significantly affect other property or uses; will not cause any deterioration or loss of any natural feature, nor significantly affect any public facility. A minor modification is an alteration or change to an approved plan that does not:

(a) Within three (3) years following the final order date, substantial construction on the development shall be initiated, or if a use, the use shall have commenced operation. If a request for an extension is filed with the planning department within three (3) years from the approval date of the final order, the approving authority (Planning Commission), may, upon written request by the applicant, grant a single extension of the expiration date for a period not to exceed two (2) years from the expiration date of the final order. An extension shall be based on findings that the facts upon which the Park Development Review was first approved have not changed to an extent sufficient to warrant refiling of the Park Development Review application.

(b) When it is the intent to complete an approved project in phases, the approving authority may authorize a time schedule for the issuance of building permits and for the commencement of phases for a period of eight (8) years, but in no case shall the total time period be greater than eight (8) years without having to resubmit a new application for Park Development Review.

(a) Vicinity map drawn at a scale of l" = 1,000' identifying the location of the proposed site.

(b) Assessor's map with subject site identified.

(c) Site plan drawn to scale on an eighteen inch by twenty-four inch (18" x 24") sheet. The site plan shall identify all existing and proposed buildings, parking, drives, vegetation and/or landscaping, and adjacent development.

(d) Property owner's and agent's (if any) names, addresses, and map and tax lot numbers of property within 200 feet of the subject site, typed on mailing labels.

(e) Findings prepared by the applicant or his/her representative addressing the criteria set forth in Section 10.185(1), Park Development Review Criteria.

(f) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).

(g) A Landscape Plan, drawn to scale, showing existing and proposed landscaping.

(a) exceptional narrowness or shape of a parcel; or

(b) exceptional topographic conditions; or

(c) extraordinary and exceptional building restrictions on a piece of property; or

(d) if strict applications of the public improvement or site development standards in the above-referenced Articles would result in peculiar, exceptional, and undue hardship on the owner.

(a) The granting of the exception shall be in harmony with the general purpose and intent of the regulations imposed by this code for the zoning district in which the exception request is located, and shall not be injurious to the general area or otherwise detrimental to the health, safety, and general welfare or adjacent natural resources. The approving authority shall have the authority to impose conditions to assure that this criterion is met.

(b) The granting of an exception will not permit the establishment of a use which is not permitted in the zoning district within which the exception is located.

(c) There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere in the City, and that the strict application of the standard(s) for which an exception is being requested would result in peculiar, exceptional, and undue hardship on the owner.

(d) The need for the exception is not the result of an illegal act nor can it be established on this basis by one who purchases the land or building with or without knowledge of the standards of this code. It must result from the application of this chapter, and it must be suffered directly by the property in question. It is not sufficient proof in granting an exception to show that greater profit would result.

(a) A list of the specific standard(s) for which an exception is being requested and a description of the degree of exception(s) being requested, including findings prepared by the applicant or applicant's representative addressing the criteria as set forth in Section 10.186 (2), Criteria for an Exception.

(b) Vicinity map drawn at a scale of 1" = 1000' identifying the location of the site of the variance.

(c) Assessor's map with the subject site identified.

(d) Site plan showing in detail the circumstance(s) which justifies each exception.

(a) To request addition to or removal from the Historic Preservation Overlay for any area, parcel, or portion thereof. The property owner, Planning Director, Landmarks and Historic Preservation Commission, or City Council may request initiation of proceedings to change the extent of the Historic Preservation Overlay.

(b) For proposed exterior alteration and/or new construction within an Historic Preservation Overlay.

(c) Prior to application for a demolition or relocation permit for all or part of a building, structure, object or site in an Historic Preservation Overlay.

(a) Changes to the Historic Preservation Overlay. The extent of the Historic Preservation Overlay may be changed to include a historic resource other than those specified in Section 10.402 (1), (2), and (3) through a Type III Historic Review process if findings can be made substantiating that the proposal is consistent with the criteria below:

(b) Exterior Alteration and/or New Construction. The Landmarks and Historic Preservation Commission shall approve a Historic Review application for exterior alteration and/or new construction within an Historic Preservation Overlay after consideration during a public hearing, if findings can be made substantiating that the proposal is consistent, or can be made consistent through the imposition of conditions, with all of the following criteria:

(c) Minor Historic Review. Within Historic Preservation Overlay Districts, certain exterior alterations may be approved by the Planning Director as a Type I land use action when the proposal is in conformance with the applicable standards of this section. Any proposal that is determined by the Planning Director to not be in conformance with the applicable standards shall be subject to Historic Review by the Landmarks and Historic Preservation Commission as per Section 10.188(3)(b). Applications for Minor Historic Review shall be limited to the following:

(iv) Signage. New signage shall be approved when in conformance with the following:

(A) Sign Types and Area – the type of sign and the aggregate sign area shall be within the allowances of the zoning district and/or overlay district of the subject property, as outlined in Article VI of this chapter.

(B) Placement - signage shall be installed within appropriate “sign areas” as defined by the architecture of the building façade (see Figure 10.188-1 for guidance).

1. No sign shall be placed or located so as to obscure or cover a vertical architectural element such as a column or pilaster.

2. Signage shall fit entirely within a building’s horizontal divisions.

3. Where no architectural divisions exist or are evident, signage shall be proportionately scaled to the façade and placed to respect window and door openings.

4. No sign shall cover the entire width of any façade.

5. On masonry buildings, signs shall be attached into mortar joints, not into masonry, with sign loads properly calculated and distributed.

6. The bottom edge of projecting signs shall be set a minimum of 7 feet above the sidewalk, and any projecting sign proposed to be located within the clear vision triangle as defined in Section 10.735, must be reviewed and approved by the Public Works Director or their designee for compliance with that section.

7. Projecting signs shall not be permitted within two feet of the face of curb or a streetlight, and shall not interfere with any traffic sign or device.

(C) Materials – signage shall be constructed from the following:

1. Metal (iron, steel, brass, copper, aluminum, and other natural finishes)

2. Painted metal, including powder coated or enameled metals

3. Wood (painted or natural, including carved or sand-blasted lettering)

4. Vinyl or other sheet claddings (for backing panels or cut lettering only)

5. Glass

6. Fiberglass, high-density foam, and similar “cast” or formed materials to create three-dimensional objects, including individual lettering.

(D) Illumination – the following types of sign illumination are permitted. Internally illuminated signs are prohibited.

1. Exposed neon (or LED) tubing

2. Exposed incandescent bulbs

3. Indirect illumination (e.g. gooseneck fixtures)

4. Back lit/Halo lit

(d) Demolition and Relocation. The Landmarks and Historic Preservation Commission shall temporarily delay issuance of a demolition or relocation permit for all or part of a building, structure, object or site in an Historic Preservation Overlay, unless, during a public hearing:

(e) Temporary Suspension of a Demolition or Relocation Permit.

(a) Limiting the number, height, location and size of signs;

(b) Requiring the installation of appropriate public facilities and services and dedication of land to accommodate public facilities when needed;

(c) Limiting the visibility of mechanical equipment through screening or other appropriate measures;

(d) Requiring the installation or modification of irrigated landscaping, walls, fences or other methods of screening and buffering;

(e) Limiting or altering the location, height, bulk, configuration or setback of buildings, structures and improvements;

(f) Requiring the improvement of an existing, dedicated alley which will be used for ingress or egress for a development;

(g) Controlling the number and location of parking and loading facilities, points of ingress and egress and providing for the internal circulation of motorized vehicles, bicycles, public transit and pedestrians;

(h) Requiring the retention of existing natural features;

(i) Modifying architectural design elements including exterior construction materials and their colors, roofline, fenestration and restricting openings in the exterior walls of structures;

(j) Restricting the height, directional orientation and intensity of exterior lighting.

(a) Approval of a Historic Review application shall take effect on the date the final order for approval is signed, unless appealed, and shall expire two years from the effective date. Within two years following the effective date, issuance of building permit for vertical construction must have occurred or an extension of the approval shall be necessary. If a request for an extension of a Historic Review application approval is filed with the Planning Department within two years from the effective date, the Landmarks and Historic Preservation Commission may grant an extension not to exceed one additional year if based upon findings that the facts upon which the Historic Review application was first approved have not changed to an extent sufficient to warrant re-filing of the application.

(b) When it is the developer’s intent to complete an approved project in phases, the Landmarks and Historic Preservation Commission may authorize a time schedule for the issuance of building permits for a period exceeding two years, but in no case shall the total time period for the issuance of building permits be greater than five years without having to re-submit a new application for Historic Review. Phases developed after the passage of two years from approval of the Historic Review application shall be required to modify the plans if necessary to avoid conflicts with changes in the Comprehensive Plan or this chapter.

(a) All applications for a building permit, wherein Historic Review has been required, shall be consistent with the plans as approved and all conditions of approval imposed thereon and shall be accompanied by an accurate and correct plan.

(b) Security for Completion of Public Improvements: If all required public improvements, as specified in the conditions of Historic Review approval, have not been satisfactorily completed before issuance of a building permit, the developer shall enter into a written agreement (provided by the City) to secure full and faithful performance thereof, according to Sections 10.666 and 10.667(1) respectively.

(a) Application form.

(b) All information requested on the application form.

(c) Findings of fact demonstrating compliance with the approval criteria in Section 10.188, Historic Review, Approval Criteria.

(d) Appropriate fee. In addition to that listed, the City may require the applicant to submit additional information deemed necessary to take action on an application in accordance with this Code and applicable State laws.

(a) The manufactured dwelling park review – Type II shall be used when the property is zoned SFR-10 and the project area is nine net acres or less.

(b) The manufactured dwelling park review – Type III shall be used when the property is:

(a) The approving authority shall approve a manufactured dwelling park plan if it can find that the proposed development conforms with Sections 10.873 through 10.897, or can be made to conform through the imposition of conditions, with the following criteria:

(a) Major Modification. Any modification that is not a minor modification is a major modification. When a modification to an approved plan is determined to be a major modification, the modifications to the plan shall be processed as identified below. The Planning Director may waive submittal requirements deemed unnecessary or inapplicable to the proposal.

(b) Minor Modification. A minor modification to an approved plan may be made by the Planning Director provided the Planning Director can make the determination that the modification does not constitute a major modification. A minor modification shall meet all of the following standards and is reviewed as a Type I Planning Director review:

(a) An application for Preliminary PUD Plan shall be on forms supplied by the City. A complete application shall include the materials and information listed in this Subsection. However, the Planning Director, in their discretion, may waive the submittal of any of the materials or information that are deemed to be excessive, repetitive or unnecessary based upon the size and nature of the PUD. Unless waived by the Planning Director, the following items shall be required to constitute a complete application for a Preliminary PUD Plan:

(b) An applicant may postpone the submission and approval of architectural plans for proposed buildings and to have such plans approved later as a separate matter under Section 10.192(9) after the Preliminary PUD Plan has been approved. When the approval of architectural plans has been postponed, the Preliminary PUD Plan shall show a conceptual footprint for each planned building and each building footprint shall be separately enclosed by a dashed line which shall be called and labeled a building envelope. Building envelopes shall reasonably anticipate and define the maximum extent of the footprint for each building in the PUD.

(c) Extended Notification Area, PUD. The application for Preliminary PUD Plan shall include the names and mailing addresses of the owners of record of tax lots, obtained by the latest tax rolls of the Jackson County Assessor’s Office, in accordance with the noticing requirements listed in Section 10.124-1.

(a) The proposed PUD:

(b) The proposed PUD complies with the applicable requirements of this Code, or

(c) The property is not subject to any of the following measures or if subject thereto the PUD can be approved under the standards and criteria thereunder:

(d) The location, size, shape and character of all common elements in the PUD are appropriate for their intended use and function.

(e) If the Preliminary PUD Plan includes uses not allowed in the underlying zone pursuant to Subsection 10.192(2)(g)(iii), the applicant shall alternatively demonstrate that either:

(f) If the Preliminary PUD Plan includes uses proposed under Subsection 10.192(2)(g)(iii), approval of the PUD shall also be subject to compliance with the conditional use permit criteria in Section 10.184.

(g) If approval of the PUD application includes the division of land or the approval of other concurrent land use applications as authorized in Subsection 10.190(2), approval of the PUD shall also be subject to compliance with the substantive approval criteria in Article II for each of the additional land use applications.

(a) The Final PUD Plan will be substantially consistent with the approved Preliminary PUD Plan and specifications related thereto.

(b) Development of the PUD will be consistent with the approved Final PUD Plan and specifications related thereto. To ensure satisfactory completion of a PUD in compliance with the approved plans, the Planning Commission may require the developer to enter into an agreement with the City as specified under Section 10.200(9).

(c) The PUD will comply with the Comprehensive Plan, the Medford Municipal Code and all provisions of this Code except the specific provisions for which there are approved modifications.

(d) There are appropriate safeguards to protect the public health, safety and general welfare.

(e) There will be ongoing compliance with the standards and criteria in this Section.

(f) To guarantee that streets, public facilities and utilities can be appropriately extended from one PUD phase to each successive future phase in accordance with the approved Preliminary PUD Plan, the City may require the conveyance of easements or other assurances.

(a) Lots and Parcels in PUDs. Limitations, restrictions and design standards pertaining to the size, dimension, location, position and coverage of lots, and restrictions related to through lots.

(b) Yards, Setbacks and Building Height in PUDs. Limitations, restrictions and design standards pertaining to the location, size, height, yards and setbacks for buildings and other structures.

(c) Parking, Bicycle and Pedestrian Standards in PUDs. Limitations, restrictions and design standards pertaining to off-street vehicle and bicycle parking and loading, and standards related to pedestrian access.

(d) Frontage, Access, Landscaping and Signs in PUDs. Limitations, restrictions and design standards pertaining to lot frontage, access, required landscaping, signs and bufferyards.

(e) Streets Generally in PUDs. Streets within PUDs may be either City streets dedicated for public use or private streets owned and maintained by an association of owners, and may exceed maximum block length and perimeter standards provided in Section 10.426(4)(a). Streets within or adjacent to a PUD shall comply with the following:

(f) Private Streets in PUDs. Private streets may vary from the limitations, restrictions and design standards pertaining to streets with respect to length, width, position, aspect, intersection standards, grades, curve radii, cul-de-sac turnarounds, street lights, easements, sidewalks, curbs and driveway approaches for streets within the PUD, provided:

(g) Allowed Uses and Housing Types in PUDs. The following uses and housing types shall be permitted as part of a PUD subject to the following:

(h) Mixed Land Use Designations in PUDs. Unless otherwise prohibited, PUDs that have more than one General Land Use Plan designation or Southeast Plan land use category shall have the flexibility to mix or relocate such designations within the boundaries of the PUD in any manner and/or location as may be approved by the Planning Commission.

(a) PUD Planned Community. If the PUD is a planned community under ORS Chapter 94, the declaration and tentative plat for the planned community shall be submitted with the Final PUD Plan for approval by the Planning Director before recording in the official records of Jackson County.

(b) PUD Condominium. If the PUD is a condominium under ORS Chapter 100, a copy of the recorded declaration and plat shall be submitted to the City after it has been approved by the Oregon Real Estate Commissioner and recorded in the official records of Jackson County. A condominium declaration and plat shall not be reviewed and approved by the Planning Director and the Planning Director shall have no authority under this Subsection to require changes thereto.

(c) PUD Common Ownership. If the PUD contains elements intended for common ownership but ORS Chapters 94 and 100 do not apply, there shall be appropriate legal documents which assure that the common elements will be improved and perpetually maintained for their intended purposes. The legal documents in such instance shall be submitted to the Planning Director for approval as part of the Final PUD Plan before recording in the official records of Jackson County.

(d) Phased PUDs. When a PUD is proposed to be developed in phases, the phased provision of improved common elements shall be roughly proportional with the development of housing and other elements intended for private ownership. Unless approved by the Planning Commission as part of a phasing plan or which was approved by the Planning Commission prior to the adoption of this ordinance, no significant common element shall be postponed to the final phase of a PUD. Nothing in this Subsection shall prevent the provision of improved common elements at a rate that is proportionally greater than the development of housing and other elements intended for private ownership.

(e) Public Dedications and PUDs. Land shown on the Final PUD Plan as a common element or which is intended for public dedication shall be conveyed under one of the following options:

(f) Private Streets in PUDs. If the PUD will have private streets, the legal document which establishes the association of owners shall provide that the City may enforce the maintenance or protection of its easements or public facilities.

(a) Residential Density Calculation. Minimum and maximum residential densities in PUDs shall be calculated pursuant to Section 10.708, except, in PUDs having residential and non-residential land uses within a residential zoning district, including mixed-use buildings as defined herein, the minimum and maximum number of dwelling units shall be calculated using the gross area of the residentially zoned land including any to be occupied by non-residential uses. “Natural unbuildable areas” may be excluded at the developer’s option as provided in Section 10.708.

(b) Residential Density Bonus. In PUDs larger than five acres, the residential density may be increased by up to 20% more than the maximum density permitted by Subsection (7)(a) above.

(a) A map depicting the location of the subject property proposed for development; and,

(b) A visual description of the project including a tentative site plan, tentative subdivision plan and elevation drawings of any structures, if applicable; and,

(c) A description of the nature of the proposed uses and physical characteristics, including but not limited to, sizes and heights of structures, proposed lot sizes, density; and,

(d) A description of requested modifications to code standards; and

(e) Notification that attendance at the neighborhood meeting does not give legal standing to appeal to the City Council, the Land Use Board of Appeals, or Circuit Court.

(a) Date, time and location of the neighborhood meeting; and,

(b) A brief written description of the proposal; and,

(c) The location of the subject property, including address (if applicable), nearest cross streets and any other easily understood geographical reference, and a map (such as a tax assessor’s map) which depicts the subject property.

(a) Provisions for the establishment and maintenance of elements to be held in common ownership, if any, have or will comply with the standards in Section 10.192(3).

(b) The Final PUD Plan is substantially consistent with the Preliminary PUD Plan and with any and all conditions imposed by the Planning Commission which were attached to the approval of the Preliminary PUD Plan.

(a) The exterior boundaries of the PUD have changed except for slight deviations which result from the resolution of boundary errors or inconsistencies discovered when the PUD property was surveyed,

(b) The number of housing units has increased,

(c) The number of housing units has decreased by more than five percent,

(d) Modifications to the provisions of this Code have been included which were not approved as part of the Preliminary PUD Plan under Section 10.192(2).

(a) Applicant for Revision; Filing Materials; Procedures. An application to revise an approved PUD Plan shall be on forms supplied by the Planning Department. The application form shall bear the signature of the owner(s) who control a majority interest in more than 50% of the vacant land covered by the approved PUD and who are also the owner(s) of land and improvements within the PUD which constitute more than 50% of the total assessed value of vacant portion of the PUD. For changes deemed by the Planning Director to be minor but not de minimis, the Planning Director shall exercise appropriate discretion under Section 10.190(3)(a) to limit or waive the submittal of filing materials deemed to be excessive, repetitive or unnecessary based upon the scope and nature of the proposed PUD revisions. PUD revisions shall follow the same procedures used for initial approval of a Preliminary PUD Plan.

(b) Consolidated Procedure. At the discretion of the Planning Director, revisions to an approved PUD Plan may be consolidated into a single procedure, the effect of which will be the approval of both a Preliminary PUD Plan and Final PUD Plan by the Planning Commission.

(c) Burden of Proof; Criteria for Revisions. The burden of proof and supporting findings of fact and conclusions of law for the criteria in Sections 10.190(4) or 10.196(4), as applicable, shall be strictly limited to the specific nature and magnitude of the proposed revision. However, it is further provided that the design and development aspects of the whole PUD may be relied upon in reaching findings of fact and conclusions of law for the criterion at Section 10.190(4)(e). It is further provided that before the Planning Commission can approve a PUD Plan revision, it must determine that the proposed revision is compatible with existing developed portions of the whole PUD.

(d) De Minimis Revisions. Notwithstanding Section 10.192(5), the Planning Director may approve revisions to an approved Preliminary or Final PUD Plan that they determine is de minimis. Proposed revisions shall be considered de minimis if the Planning Director determines the changes to be slight and inconsequential and will not violate any substantive provision of this Code. The Planning Director’s written approval of a de minimis revision(s) shall be appended to the Final Order of the Planning Commission or Final Approval of the Final PUD Plan. Revisions that are de minimis shall not require public notice, public hearing or an opportunity to provide written testimony. However, if, while the record is open, any party requests in writing to be notified of future de minimis revisions of a Preliminary PUD Plan, then all de minimis revisions of a Preliminary PUD Plan shall be subject to review as a Type III land use action or such other procedure as may be permitted by law.

(a) If issuance of building permits for vertical construction has not occurred or if no lots or units therein have been sold, the PUD may be terminated as provided in this Subsection. Termination proceedings may be initiated by filing with the City a written petition signed by the owner(s) who control a majority interest in more than 50% of the land covered by the approved PUD and which also constitutes more than 50% of the total assessed value of land and improvements of the PUD. Upon receipt of a valid petition, the Planning Commission shall consider the matter in an open meeting and shall declare the PUD terminated. The Planning Commission’s termination of a PUD shall be evidenced by a Final Order declaring the same. When the Final Order is signed the PUD shall be terminated and previous PUD Plan approvals shall be considered void and of no further effect. Termination of a PUD shall not affect other land use actions taken by the City which concern the PUD property.

(b) If issuance of building permits for vertical construction has occurred or if lots or units within the PUD have been sold, the PUD may be terminated as provided in this Subsection. Termination proceedings may be initiated by filing with the City a written petition signed by the owner(s) who control a majority interest in more than 50% of the vacant land covered by the approved PUD which also constitutes more than 50% of the total assessed value of vacant land within the PUD. If there is an association of owners established within the boundaries of the whole PUD, the owner(s) petitioning for termination of the PUD shall also supply the City with the correct mailing address of the association which shall be notified along with others entitled to notice under this Subsection. Upon receipt of the petition, the Planning Commission shall provide notification of the proposed PUD termination and conduct a public hearing on the matter. The Notice and public hearing shall be subject to Type III procedures. The Planning Commission shall declare the PUD terminated if it concludes that the termination will not produce greater than minimal harm to the public health, safety or general welfare. The Planning Commission’s termination of a PUD shall be evidenced by a Final Order declaring the same and after the Final Order is signed the PUD shall be terminated and previous PUD Plan approvals shall be considered void and of no further effect. Termination of a PUD shall not affect other land use actions taken by the City which concern the PUD property.

(a) The Site Plan and Architectural Review – Type II (SPAR – Type II) shall be used when the applicable criteria in Section 10.175A(2) is met.

(b) The Site Plan and Architectural Commission Review – Type III (SPAC – Type III) shall be used when a SPAR – Type II is not applicable.

(a) An exemption from Site Plan and Architectural Commission review does not exempt the use or development from compliance with the applicable standards of this chapter, including but not limited to access, parking, riparian protection, and landscaping. Exemptions under this section do not apply to uses subject to a conditional use permit or park development review or major modification thereof.

(b) The following uses or developments do not require Site Plan and Architectural Commission review:

(a) The Site Plan and Architectural Commission, SPAC – Type III Review, shall approve a site plan and architectural review application for a commercial or industrial development, if it can find that the proposed development conforms, or can be made to conform through the imposition of conditions, with the following criteria:

(b) The approving authority shall approve a site plan and architectural review application for a residential development if the proposed development complies with the applicable provisions of all City ordinances, or if the Site Plan and Architectural Commission has approved either of the following:

(a) Limiting the number, height, location and size of signs;

(b) Requiring the installation of appropriate public facilities and services and dedication of land to accommodate public facilities when needed;

(c) Limiting the visibility of mechanical equipment through screening or other appropriate measures;

(d) Requiring the installation or modification of irrigated landscaping, walls, fences or other methods of screening and buffering;

(e) Limiting or altering the location, height, bulk, configuration or setback of commercial and industrial buildings, structures and improvements.

(f) Requiring the improvement of an existing, dedicated alley which will be used for ingress or egress for a development;

(g) Controlling the number and location of parking and loading facilities, points of ingress and egress and providing for the internal circulation of motorized vehicles, bicycles, public transit and pedestrians;

(h) Requiring the retention of existing natural features;

(i) Modifying architectural design elements of commercial and industrial buildings. Such modifications may include, but are not necessarily limited to: exterior construction materials and their colors, roofline, and fenestration; and, restricting openings in the exterior walls of structures;

(j) Modifying architectural design elements of multiple-family dwelling buildings when the applicant has affirmatively elected to request an adjustment from the Special Development Standards in MLDC Sections 10.715A through 10.717. Such modifications may include but are not necessarily limited to: exterior construction materials and their colors, roofline, and fenestration; and, restricting openings in the exterior walls of structures;

(k) Modifying elements of Cottage Cluster Developments when the applicant has affirmatively elected to request an adjustment from the Development Standards for a Cottage Cluster Development, as provided for in MLDC Section 10.818A.

(l) Restricting the height, directional orientation and intensity of exterior lighting.

(a) Approval of a Site Plan and Architectural Review application shall take effect on the date the final order for approval is signed, or for SPAR – Type II Reviews when the Planning Director has signed the staff report, unless appealed and shall expire two years from the effective date. Within two years following the effective date, issuance of building permit for vertical construction must have occurred or an extension of the approval will be necessary. If a request for an extension is filed with the Planning Department within two years from approval of the final order, the approving authority shall grant an extension not to exceed one additional year. Extensions shall be based on findings that the facts upon which the Site Plan and Architectural Review application was first approved have not changed to an extent sufficient to warrant re-filing of the application.

(b) When it is the developer’s intent to complete an approved project in phases, the approving authority may authorize a time schedule for the issuance of building permits for a period exceeding one year, but in no case shall the total time period for the issuance of building permits be greater than five years without having to resubmit a new application for Site Plan and Architectural Review. Phases developed after the passage of one year from approval of the Site Plan and Architectural Review application will be required to modify the plans as necessary to avoid conflicts with changes in the Comprehensive Plan or this chapter.

(a) Major Modification. Any modification that is not a minor modification is a major modification. When a modification to an approved plan is determined to be a Major Modification, the modifications to the plan shall be processed as identified below. The Planning Director may waive submittal requirements deemed unnecessary or inapplicable to the proposal.

(b) Minor Modification. A minor modification to an approved plan may be made by the Planning Director provided the Planning Director can make the determination that the modification does not constitute a major modification. A minor modification shall meet all of the following standards:

(c) Modifications to an Approved SPAR – Type II. The criteria in 10.200(8)(a-b) shall be used in determining whether a modification to a SPAR – Type II is major or minor. Modifications to a SPAR – Type II approval shall be reviewed and approved by the Planning Director. At the Planning Director’s discretion, major modifications to a SPAR – Type II approval may be referred directly to the Site Plan and Architectural Commission for review as a Type III land use decision.

(a) Security for Completion of Public Improvements. If all required public improvements, as specified in the conditions of site plan and architectural review approval, have not been satisfactorily completed before issuance of a building permit, the developer shall enter into a written agreement (provided by the City) to secure full and faithful performance thereof, according to Sections 10.666 and 10.667(1) respectively.

(b) Agreement for Completion of Private Improvements (for projects with signed agreements prior to January 1, 2015). The following regulations shall apply to all Building Site Improvement Agreements (BSIA) signed prior to January 1, 2015. After said date, the provisions of Building Site Improvement Agreements (BSIA) shall no longer be used as a means to ensure the completion of private improvements. If all required private improvements, as specified in the conditions of site plan and architectural review approval, have not been satisfactorily completed before issuance of a building permit, the permit shall not be issued unless the owner and all other parties having an interest in the property enter into a written and recorded agreement, called a Building Site Improvement Agreement (BSIA), (provided by the City) with the City. The agreement shall be in a form acceptable to the City Attorney and shall specify that, within six months after signing the agreement or such longer time period as specified by the approving authority, all improvement work shall be completed according to the approved plans. The Planning Director or other person designated by the City Manager shall sign the agreement on behalf of the City.

(a) Landscape plan meeting the specifications and requirements in Section 10.780.

(b) Building Construction Plans: A site plan and architectural plan which are clearly and legibly drawn to scale shall be provided. Building construction plans shall include north arrow, orientation of building elevations indicating full dimensions and providing the following information:

(a) Proposed land division name (if a subdivision), date, north arrow, scale, total acreage, and sufficient legal information to define the boundaries of the proposed development.

(b) A key map located in the upper right hand corner identifying the location of the development relative to section and township lines and to adjacent property and major physical features such as streets, railroads, and waterways.

(c) Names of abutting property owners on all sides, names and widths of adjoining rights-of-way, topographic features and all public improvements on adjacent property located within 200 feet of the project boundary.

(d) Name and address of the owner(s) of record, developer, and engineer or land surveyor registered in the State of Oregon who prepared the tentative plat.

(e) Locations, names, widths, approximate intersection angle, centerline radii, center line slopes, and improvement section of all streets, highways and other ways in the proposed project.

(f) Number of lots, dimensions of lots (to the nearest foot), including frontage, width, and area (to the nearest 50 square feet).

(g) Location and height of all existing structures to remain on property and distance from proposed property lines.

(h) Location and character of all easements existing and proposed by the developer for drainage, sewage and public utilities.

(i) Five foot topographic contours describing the area. Where the grade of any part of the proposed land division exceeds 10%, or where the development abuts existing developed lots, an overall conceptual grading plan shall be required showing features adjacent to the development within a reasonable distance therefrom which could affect said project. Where a conceptual grading plan is required it shall show how runoff of surface water from individual lots will be achieved and the ultimate disposal of all development surface waters. All topographic information shall be based on City data.

(j) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).

(k) Location of all creeks, streams and other watercourses, showing top of existing bank and areas subject to inundation as shown on the latest Federal Flood Rate Insurance Maps.

(l) Existing wells and irrigation canals, active or abandoned, and proposed disposition.

(m) Public or common area proposed, if any.

(n) The approximate distance to, and location of, the nearest sanitary sewer main.

(o) Name of the irrigation district, if any, within which the project is located and whether it is currently being assessed.

(p) Name of the school district within which the project is located.

(a) Approval of a tentative plat application shall take effect on the date the final order for approval is signed, unless appealed, and shall expire two years from the effective date unless the final plat has been approved by the Planning Director pursuant to Section 10.158. If a request for an extension of a tentative plat application approval is filed with the Planning Department within two years from the date of the final order, the Planning Commission shall grant an extension not to exceed one additional year. Extensions shall be based on findings that the facts upon which the tentative plat application was first approved have not changed to an extent sufficient to warrant re-filing of the application.

(b) When it is the developer’s intent to record and develop a tentatively platted land division in phases, the Planning Commission may authorize a time schedule for platting the various phases in periods exceeding one year, but in no case shall the total time period for platting all phases be greater than five years without having to re-submit the tentative plan. Phases platted after the passage of one year from approval of the tentative plat will be required to modify the tentative plat as necessary to avoid conflicts with changes in the Comprehensive Plan or this chapter.

(a) Is consistent with the Comprehensive Plan, any other applicable specific plans thereto, including Neighborhood Circulation Plans, and all applicable design standards set forth in Articles IV and V;

(b) Will not prevent development of the remainder of the property under the same ownership, if any, or of adjoining land or of access thereto, in accordance with this chapter;

(c) Bears a name that has been approved by the approving authority and does not use a word which is the same as, similar to, or pronounced the same as a word in the name of any other subdivision in the City of Medford; except for the words "town", "city", "place", "court", "addition", or similar words; unless the land platted is contiguous to and platted by the same applicant that platted the land division bearing that name; or unless the applicant files and records the consent of the party who platted the land division bearing that name and the block numbers continue those of the plat of the same name last filed;

(d) If it includes the creation of streets or alleys, that such streets or alleys are laid out to be consistent with existing and planned streets and alleys and with the plats of land divisions already approved for adjoining property, unless the Planning Commission determines it is in the public interest to modify the street pattern;

(e) If it has streets or alleys that are proposed to be held for private use, that they are distinguished from the public streets or alleys on the tentative plat, and reservations or restrictions relating to the private streets or alleys are set forth;

(f) Will not cause an unmitigated land use conflict between the land division and adjoining agricultural lands within the EFU (Exclusive Farm Use) zoning district.

(a) Developer tracts must match the phase lines of an associated subdivision with tentative plat approval. The developer tract plat application may be submitted concurrently with or subsequently to the associated tentative plat application.

(b) The title of the final plat for the developer tracts must include the words “Developer Tracts” and the Planning Department file number. The Declarations Section must include the associated subdivision name, the subdivision phase the developer tract coincides with, and Planning file number.

(c) Developer tracts may exceed the maximum area standards of the underlying zone and are not subject to density requirements in Section 10.708 or through lot standards in Section 10.704.

(d) If a developer tract does not have frontage on a public street as required in Section 10.702, a reservation for right-of-way and utilities shall be provided in accordance with Section 10.476.

(e) No new vertical construction shall occur on developer tracts. Prior to final plat approval of the developer tract plat, a deed restriction document, in a form approved by the City, shall be recorded for each new lot or parcel. The deed restriction shall prohibit the installation of individual utility service connections and all new development, including a single-family residence, unless and until a future development approval for the developer tract has received final plat approval of the associated subdivision per Section 10.162 that meets the minimum density standards of the underlying residential zone or has received other required land use review approval.

(f) The expiration of a developer lot tentative plat shall follow the same expiration as listed in Section 10.170(5) for partitions and subsection (4) of this section for subdivisions.

(g) A revised subdivision plat layout may be submitted for approval of the associated subdivision, but the access points and utility connection points to adjoining properties must remain in the same locations unless it is determined by the approving authority that revised locations ensure sufficient access, frontage, and utility connections. If there are any associated reservations for right-of-way and utilities, the City may consent to the extinguishment as per Section 10.476(3).

(h) The final plat of the developer tract shall follow the requirements as listed in Section 10.162.

(a) Resulting reserve acreage parcels must be a minimum of twice the maximum lot area and twice the minimum lot depth or width of the underlying zone for residentially zoned properties, other than SFR-00.

(b) Reserve acreage parcels created as part of a land division shall be labeled as reserve acreage on the tentative and final plat.

(c) Reserve acreage parcels and lots are not subject to density requirements in Section 10.708 or through lot standards in Section 10.704.

(d) A conceptual plan is required to be submitted demonstrating how the property can be further developed or divided in the following instances:

(e) Street frontage requirements for reserve acreage is as follows:

(f) No new vertical construction shall occur on reserve acreage. Prior to final plat approval, a deed restriction document, in a form approved by the City, shall be recorded for each new lot or parcel. The deed restriction shall prohibit the installation of individual utility service connections and all new vertical construction, including a single-family residence, unless and until a future development approval for the entirety of the reserve acreage:

(g) Standards for Dividing Land Zoned SFR-00 into Reserve Acreage.

(h) The final plat of the reserve acreage shall follow the requirements as listed in Section 10.162.

(i) The expiration of a tentative plat with reserve acreage shall follow the same expiration as listed in Section 10.170(5) for partitions and subsection (4) of this section for subdivisions.

(a) The proposed zone is consistent with the Transportation System Plan (TSP) and the General Land Use Plan Map designation. A demonstration of consistency with the acknowledged TSP will assure compliance with the Oregon Transportation Planning Rule.

(b) Where applicable, the proposed zone shall also be consistent with the additional locational standards of the below sections (b)(i), (b)(ii), (b)(iii), or (b)(iv). Where a special area plan requires a specific zone, any conflicting or additional requirements of the plan shall take precedence over the locational criteria below.

(c) It shall be demonstrated that Category A urban services and facilities are available or can and will be provided, as described below, to adequately serve the subject property with the permitted uses allowed under the proposed zoning, except as provided in subsection (iii) below. The minimum standards for Category A services and facilities are contained in Section 10.462 as well as the Public Facilities Element and Transportation System Plan in the Comprehensive Plan.