Medford City Zoning Code

ARTICLE III

Zoning Districts

It is the purpose of Article III to divide the City into zoning districts according to land use by type and intensity of development.

Overlay Districts (10.345 – 10.407)

10.345 Purpose of Overlay Districts.

Overlay districts impose additional or different land development regulations or procedures on certain parcels or areas of the City. They generally coincide with a special area plan or implement a specific Comprehensive Plan policy, such as identifying those parcels containing historic resources that are subject to specific regulations. Overlay districts address issues not addressed by the underlying zoning district. The boundaries of each overlay district are shown on the official zoning map of the City of Medford. See Section 10.186 regarding Exceptions to the site development standards contained in the overlay districts.

10.348 Limited Industrial, I-00.

(1) Purpose: To limit the number of vehicle trips at time of zone change to City industrial zones. This is accomplished by disallowing uses that are otherwise permitted in the City industrial zones until the appropriate transportation facility adequacy tests have been completed and necessary improvements have been funded, completed, or shown to be no longer necessary.

(2) Applicability: May overlay any industrial zone.

(3) Application:

(a) Upon annexation of a parcel(s) having County industrial zoning if transportation facility adequacy has not been proven; or

(b) To approve an industrial zone if transportation facilities have been shown to be inadequate per Section 10.204(2)(c) or facility adequacy has not been proven.

(4) Removal: The Limited Industrial Overlay may be removed per zone change procedures outlined in Section 10.204 and when transportation facilities have been shown to be adequate or have been made adequate to support the types of uses permitted by the underlying City industrial zone.

(5) Prohibited Uses: The following uses, as listed in Section 10.337, shall not be permitted:

523 Paint Glass and Wallpaper Stores

554 Gasoline Service Stations

581 Eating and Drinking Places, excluding Temporary Food Vendors, Temporary Mobile Food Vendors, and Small Food Vendors

60 Banking

61 Credit Agencies Other than Banks

62 Security, Commodity Brokers and Services

63 Insurance Carriers

64 Insurance Agents, Brokers, and Service

65 Real Estate

67 Holding and other Investment Offices

726 Funeral Service and Crematories

731 Advertising

736 Personnel Supply Services

737 Computer and Data Processing Services

751 Automotive Rentals, without drivers

794 Commercial Sports

799 Misc. Amusement, Recreational Services

807 Medical and Dental Laboratories

82 Educational Services

86 Membership Organizations

87 Engineering, Accounting, and Miscellaneous Professional and Management Services

89 Miscellaneous Services

94 Administration of Human Resources

95 Administration of Environmental Quality and Housing

10.349 Airport Approach Overlay District, A-A.

(1) Purpose of the A-A Overlay. The purpose of this overlay district is to reduce risks to aircraft operations as well as risks of damage or injury to persons or property on the ground near the airport. This is accomplished by limiting land uses that could create hazardous conditions, and limiting building height and density of development. A use in the A-A Overlay is considered compatible if the use does not create a bird attractant, distracting light, glare, smoke, or electrical interference. Impact from airport noise is another factor to consider in terms of compatible uses. The A-A Overlay includes an area called the Runway Protection Zone (RPZ).

(2) Location of A-A Overlay. The Airport Approach is shown on the official zoning map of the City of Medford, and is defined by Federal Aviation Regulations (FAR, Part 77, OAR 660-013, and OAR 738-070).

(3) Application of A-A Provisions. The A-A designation shall overlay a zoning district. If any conflict in the regulation of procedure occurs between the zoning district and the A-A Overlay, the provisions of the A-A Overlay shall govern.

(4) Noise Impacts and Compatible Land Uses in the A-A Overlay. The airport’s “se-vere” noise impact area (70 DNL and above), as illustrated in the Airport Master Plan Update, is intended to be airport property only. The “substantial” noise impact area (65-70 DNL) is an area where residential development is incompatible due to noise impacts. If public institutions are built within the substantial noise impact area, measures should be taken to reduce noise levels. Most land uses are compatible in areas impacted by noise levels less than 65 DNL.

(5) Permitted Uses in the A-A Overlay. Uses in the A-A Overlay are limited in order to prevent hazardous conditions as described in subsection (1) above.

The following uses are permitted within the A-A Overlay:

(a) Uses Permitted in the underlying zoning district.

(b) Open land uses such as cemeteries, sod farming, truck farming, other vegetable and plant crop cultivation, landscape nursery, riding academies, picnic area, botanical gardens, paths or recreation areas.

(c) Roadways, parking areas and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights, or result in glare or in any other way impair visibility in the vicinity of the landing approach.

(d) Customary and usual aviation- and emergency-related activities including but not limited to takeoffs, landings, aircraft hangars, tie-downs, construction and maintenance of airport facilities, fixed-base operator facilities, flight instruction, law enforcement, emergency medical flights, firefighting activities and other activities incidental to the normal operation of an airport.

(6) Conditional Uses in the A-A Overlay. Any use listed as conditional in the underlying Zone.

(7) Prohibited Uses in the A-A Overlay. The following uses are prohibited within the A-A Overlay:

(a) Places of public assembly such as churches, schools, conference/convention centers, employment/shopping centers, arenas, athletic fields, stadiums, club houses, or museums.

(b) High-density residential development.

(d) Water treatment plants, mining, water impoundments or wetland mitigation.

(e) Golf courses (unless the applicant can demonstrate that management techniques will be used to reduce existing wild fowl attractants and avoid the creation of new wildlife attractants).

(f) Any use or building material that results in glare in the eyes of the pilots using the airport (such as flat roofs that retain water, reflecting ponds, sloped glazing, use of glass on roofs, skylights, parking lots not shielded with trees, high rib metal roofing with high gloss finish, east/west facing storefronts).

(g) Any use which makes it difficult for the pilots to distinguish between airport lights and other lights.

(h) Any use that would cause emissions of smoke, dust or steam that would obscure visibility within the airport approach corridor (unless the applicant can demonstrate that mitigation measures will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level).

(i) Any use which creates electrical interference with navigational signals or radio communications between the airport and aircraft.

(j) Any use which would create a bird strike hazard hazard (such as water treatment plants, golf courses, sanitary landfills, water impoundments, sewage lagoons, sewage sludge disposal facilities) if within 10,000 feet from any airport runway.

(k) Flashing, blinking signs or any lighting projected upward. Lighting shall incorporate shielding in their designs to reflect light away from airport surfaces.

(l) Any other use that would endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(8) Height Regulations in the A-A Overlay. Building height is limited in the A-A Overlay in order to protect airspace, and instrument approach altitudes. No structure, construction equipment, vegetation, electrical transmission lines or any other object shall be allowed to be constructed so as to penetrate the Approach Surface as defined in Federal Aviation Regulations, Part 77.19.

10.350

[Repealed Sec. 6, Ord. No. 2016-35, Mar. 3, 2016.]

10.351

[Repealed Sec. 7, Ord. No. 2016-35, Mar. 3, 2016.]

10.352 Airport Radar Overlay District, A-R.

(1) Purpose of the A-R Overlay. The purpose of the A-R Overlay is to ensure that development within close proximity to the radar facility does not interfere with the performance of the radar and thus affect airport operations.

(2) Location of the A-R Overlay. The Airport Radar Overlay is shown on the official zoning map of the City of Medford.

(3) Height Restriction in the A-R Overlay. No structure, construction equipment, vegetation, electrical transmission lines or any other object shall exceed 40 feet in height.

10.353

[Repealed Sec. 9, Ord. No. 2016-35, Mar. 3, 2016.]

10.354

[Repealed Sec. 10, Ord. No. 2016-35, Mar. 3, 2016.]

10.355 Airport Area of Concern Overlay District, A-C.

(1) Purpose of the A-C: The Airport Area of Concern is intended to reduce risks to aircraft operations and land uses within close proximity to the airport. This is accomplished by forwarding land use applications located within the A-C to the Federal Aviation Administration (FAA), Oregon Department of Aviation (ODA) and/or the airport for review as referral agencies. These agencies shall submit comments to the Planning Department if further action is necessary regarding the proposed land use.

(2) Location of the A-C: The Area of Concern is a Zoning Overlay shown on the official zoning map of the City of Medford, and is defined by Federal Aviation Regulations (FAR, Part 77, OAR 660-013, and OAR 738-070) as being lands, waters and airspace, or portions thereof comprising the civil airport imaginary surfaces.

10.356

[Repealed Sec. 11, Ord. No. 2011-196, Oct. 6, 2011.]

10.358 Central Business, C-B.

The C-B district is representative of the core downtown business, residential, and retail area. The intent of the C-B district is to recognize the unique and historic character of the downtown area as an asset to the community and to provide standards and criteria necessary for its continued development and redevelopment as a vital part of this community.

(1) Commercial and Industrial Development Standards. All of the site development standards set forth in Article V, Section 10.721, Commercial and Industrial Site Development Standards, shall be waived in lieu of the following site development standards:

(a) Off-street parking and loading. Except when within the parking district, development of vacant parcels shall be subject to the parking requirements of Section 10.741, Off Street Parking and Loading Requirements, through 10.746, General Design Requirements for Parking and Sections 10.747, Bicycle Parking and Storage Regulations, General Provisions, through 10.751, Exceptions to Bicycle Parking Standards.

(b) Growers’ Market in Commercial Zones. A growers market is allowed as a permitted use in the C-B overlay. A growers market shall be defined as an association of five (5) or more local agriculturalists organized for the purpose of providing a single location for the sale of locally grown produce and crafts directly to the consumer. Crafts shall be limited to those made by the vendor with a purpose or theme interactive with agriculture, and composed of locally grown agricultural products or by-products.

(c) Sidewalk Cafes in Commercial Zones. Operation of a sidewalk cafe is allowed as a permitted use given compliance with the following definitions and conditions:

(i) Definition of terms includes:

“Community Event” - Any public or private activity authorized by the City Council within the Central Business District.

“Operate a sidewalk café” - Serving food or beverage from an adjacent cafe or restaurant to patrons seated at tables located within the sidewalk area adjacent to the cafe or restaurant.

“Sidewalk” - That portion of the public right-of-way intended for pedestrian use located between the curb line or lateral line of the roadway and the adjacent property line.

(ii) Application for a permit to operate a sidewalk cafe shall be made at the City Planning Department and shall include the following information: name and address of the applicant, a drawing showing the width of the applicant’s cafe or restaurant facing the sidewalk area requested to be used, location of doorways, width of sidewalk (distance from curb face to building face), location of trees, parking meters, bus shelter, sidewalk benches, trash receptacles, or any other semi-permanent sidewalk obstruction. The drawing shall also include the area requested for use as a sidewalk cafe, the table locations and the area which will be occupied by the tables and accompanying chairs, and location and size of any features used to delineate the area, such as portable planters, etc.

(iii) Operation of a sidewalk cafe shall comply with the following permit criteria: the area to be considered must have sidewalks which are eight (8) feet in width or greater. There shall remain a clear and unobstructed width of six (6) feet for pedestrians.

(iv) Operation of a sidewalk cafe shall require the following provisions for liability and insurance: a signed statement shall be submitted with the permit application stating that the permittee shall hold harmless the City of Medford, its officers and employees, and shall indemnify the City of Medford, its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such liability insurance as shall protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection with it. Such insurance shall provide coverage of not less than $200,000 for bodily injury for each person, $500,000 for each occurrence, and not less than $50,000 for property damage for each occurrence. Such insurance shall name as additional insured the City of Medford, its officers and employees, and the property owner, and shall further provide that the policy shall not terminate or be canceled prior to the expiration date of the permit, without 30 days written notice to the City. Evidence that such a policy exists shall be provided to the Planning Department.

(v) Issuance of a sidewalk cafe permit shall comply with the following terms and conditions of the permit itself: the permit may be suspended by the City for the duration of a special “community event” which would make use of the public sidewalk area impractical, the permit is specifically limited to the area shown on the permit application, the permittee shall assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free and unobstructed passage, the sidewalk and all things placed on it shall at all times be maintained in a clean and attractive condition, and at such times that the permittee is not utilizing the sidewalk as authorized all things shall be removed from it. If throw-away utensils, cups, plates, etc., are used, trash containers shall be provided on-site for use by the cafe patrons.

(vi) Once approved, the following conditions for denial, revocation or suspension of a sidewalk cafe permit may be applied: the City Planning Director may deny or revoke the permit if it is found that any of the provisions of this Chapter have been violated, that any necessary health permit has been suspended, revoked, or canceled, or if the permittee does not have or maintain insurance which is correct and effective in the minimum amounts prescribed in Section (d) above. Whenever the Planning Director determines that there is cause to deny or revoke a permit, the Planning Director shall mail a notice to the applicant or permit holder stating: the reasons for the proposed denial or revocation, a brief summary of the evidence relied upon and what to do to obtain a hearing in order to dispute the proposed decision. A person whose permit is proposed to be denied or revoked may, within ten days after the notice is sent, request an evidentiary hearing before the Planning Director in order to dispute the proposed decision. If no request for a hearing is received by the Planning Director within ten days after the notice was sent, the proposed decision shall become final. If a timely request for hearing is received, the Planning Director shall notify the applicant or permit holder of the time and place of the hearing and shall make a final decision after considering all the evidence presented. Notwithstanding any other provision of the Land Development Code, the decision of the Planning Director to issue, deny or revoke a permit under this section may not be appealed to the City Council.

(2) Residential Development Standards. All residential development standards contained in Article III, Zoning Districts, and Article V, Site Development Standards, shall be waived in lieu of the following:

(a) Off-street parking and loading. All residential development shall be exempt from providing parking and loading spaces, except for bicycle parking spaces. Off-street parking and loading, when developed, shall conform to the following standards:

(i) 10.744 Shared Parking

(ii) 10.746 General Design Requirements for Parking

(iii) 10.747 General Provisions, Bicycle Parking

(iv) 10.748 – 10.751 Bicycle Parking Standards

(b) New residential development on vacant parcels. The multi-family development standards contained in Section 10.715A through 10.719 shall apply for residential development within the C-B Overlay.

(c) Lot coverage. When within the C-B Overlay, the maximum lot coverage of the underlying zoning district need not apply and may be one-hundred percent (100%).

(3) Streetscape Standards. All new or reconstructed streets and streetscapes within the C-B District shall be developed according to the following standards and as identified in the Street Materials Standards List.

Streetscape Types

There are five (5) streetscape types. These Streetscape Types are designated in Figure 1.

Figure 1. Streetscape Type Map for the Central Business District

Each streetscape type and its associated design shall comply with the standards of this section. All listed distances shall be considered minimum width. Existing street widths may vary. Street tree designations are included in Street Materials Standards List.

Type I, Primary Commercial Streets.

Type I Streets are commercial streets that are intended as high volume vehicular and pedestrian streets linking the Central Business District with sub-districts and other parts of the City. The streetscape design for Type I Streets is intended to facilitate and balance pedestrian and vehicular movement in an attractive and safe environment. The Type 1 Street includes benches, decorative street and pedestrian lighting, tree grates, trash receptacles, banner poles, tree lighting, and concrete pavers or brick pavers. The minimum design standards for the Type I Street are illustrated in Figures 2 and 3 below.

Type II, Secondary Commercial Streets.

Type II streets are commercial streets with moderate volume of vehicular traffic and high volume of pedestrian activity. The minimum design standards for the Type II Street are illustrated in Figures 4 and 5. Benches and trash receptacles are installed only where space permits.

Type III, Special Design Streets.

Type III streets are unique commercial streets that are intended for low volumes of vehicular traffic and high volumes of pedestrian activity. The final design for all Type III Streets will require individual approval from the City Council as a Transportation Facility Development review. Unique benches, streetlights, diagonal parking, trash receptacles, and paver patterns that vary from the Street Materials Standards List may be chosen for each Type III Street.

Type IV, Standard Commercial/Residential Streets.

There are two classes of Type IV Streets, Commercial and Residential. These are local streets intended for moderate to low volume of vehicular and pedestrian traffic. The class determination is based on the underlying zoning. Commercial zoning requires the Type IV Commercial Street standards as illustrated in Figures 6 and 7. Residential zoning requires the Type IV Residential Street standards as illustrated in Figures 8 and 9. The only distinction between the two Type IV classes is the requirement of a 5-foot sidewalk and a 5-foot planter strip for the Residential classification in lieu of a 10-foot sidewalk required for the Commercial classification. Streetlights shall be located at street intersections, alleys, and other places only as needed. For the Type IV Residential Street, tick marks for on-street parking are optional.

Within the Central Business District there are two classifications of alley streetscapes; General Alleys and Pedestrian Alleys (i.e., Middleford Alley).

Type V, General Alleys.

General Alleys shall serve as access to parking and services. The minimum standards for General Alleys are illustrated in Figures 10 and 11.

To retain the pedestrian character of the Central Business District all alley intersections with public streets shall use the standard approach illustrated in Figure 12. The appropriate sidewalk pattern shall extend across the length of the approach.

Note: All driveway aprons (including for alleys and access to parking lots) within the Central Business District shall meet the standard in Figure 12.

Type V; Alleys, Pedestrian.

Certain alleys shall be improved to standards that encourage pedestrian circulation. These Pedestrian Alleys are identified in Figure 1. Pedestrian alleys may have brick or concrete pavers or a stamped concrete surface in lieu of asphalt. Pedestrian alleys are also encouraged to include street furniture, pedestrian lighting, and landscaping in their design.

Corner Extensions.

To enhance pedestrian movement within and throughout the Central Business District, certain intersections are designated for corner extensions. Figures 14 and 15 illustrate the standards for full and partial corner extensions.

Figure 13 identifies the location of full and partial corner extensions.

10.360 Exclusive Agricultural, E-A.

(1) Purpose. The E-A overlay district is intended to provide a land use classification within an urban area that:

(a) Allows for the preservation of agriculture and agricultural uses through zoning.

(2) Criterion for Application of E-A. At the request of the property owner, the City may apply the E-A overlay to a parcel(s) if the use on the parcel(s) is agriculture, as defined herein.

(3) Criterion for Removal of E-A. The E-A overlay may be removed utilizing Type III zone change procedures. For removal of the E-A overlay, the property owner must certify that all agriculture and agriculture-related uses not otherwise permitted by the underlying zoning district have been terminated by the date of application for removal of the E-A overlay, and shall not be considered legal nonconformities.

10.361 Permitted Activities and Development, E-A.

Development and improvements within an E-A overlay district shall be restricted to:

(1) Agricultural buildings and other improvements directly related to farming.

(2) Property line adjustments.

(3) New construction or remodeling of one single-family dwelling and accessory dwelling unit per existing parcel.

10.362 Conditional Activities and Development, E-A.

(1) Within an E-A overlay district the following activities and development require a conditional use permit:

(a) On-site farm product sales and/or small wineries, subject to the following:

(i) In residential zoning districts, on-site farm product sales and/or small wineries are only permitted within the Exclusive Agricultural (E-A) Overlay with an approved Conditional Use Permit.

(ii) On-site farm product sales may include outdoor sales, such as a roadside table, or in a structure, such as a farm stand or store.

(iii) Structures intended for on-site farm product sales are not permitted for occupancy as a residence or for activity other than the sale of crops, farm products or livestock.

(iv) Structures intended for a small winery are not permitted for occupancy as a residence or for activity other than the production, shipping and distribution, wholesale and retail sales, tasting, crushing, fermenting, blending, aging, storage, bottling, administrative functions and warehousing.

(v) The site contains or proposes a vineyard and/or farm of at least fifteen (15) contiguous acres that grows or produces wine and/or other farm products.

(vi) The farm product sales and/or small winery and associated improvements are located at least one hundred (100) feet from any property line with parcels not having the E-A overlay.

(vii) May include sales of items related to the promotion of wine and/or farm products, the sale of which is incidental to the retail sale of wine and/or farm products.

(b) Food and/or wine tasting, vineyard and/or farm tours, educational activities, classes, wine dinners, pumpkin patches, corn mazes, hay rides, and other similar activities conducted for the purpose of promoting wine and/or farm products.

(d) A commercial kitchen for preparing food for activities (a-c) above.

(2) In conjunction with the conditional activities in an E-A overlay, the following noise and sign standards apply:

(a) In the case of such activities where there will be sound amplification, the property owner shall first obtain a Special Events Permit and Neighbor Approval of Noise Permit through the City Manager’s office.

(b) Signs in accordance with Section 10.1500, Signs in Neighborhood Commercial District, may be permitted, excluding electronic message signs.

10.365 Freeway.

(1) Purpose of Freeway Overlay District: It is the purpose of the Freeway Overlay District to allow and regulate the use of freeway signage.

(2) Applicability: A parcel qualifies for the Freeway Overlay District if it has a Commercial (CM) General Land Use Plan (GLUP) Map designation, and either C-C, C-H, or C-R zoning.

The Overlay applies to:

(a) Those portions of parcels located within 500-feet of Interstate 5 freeway interchange ramps as measured from the edge of the ramp pavement and as shown on the official zoning map of the City of Medford, and

(b) Those parcels that had received the Freeway Overlay as of the date this ordinance is adopted, as well as that portion of a parcel added by the City Council as of December 1, 2011. The Overlay shall be automatically applied to or removed from parcels at time of a GLUP amendment or zone change per applicability requirements.

(3) Freeway Signage Regulations: Regulations regarding freeway signage can be found in Section 10.1710.

10.370 Objectives of the Southeast (S-E) Overlay District.

The Southeast (S-E) Overlay District is intended to:

(1) Assure that land use and development occur in accordance with the Medford Comprehensive Plan – Southeast Plan section;

(2) Establish land use patterns and development design that emphasizes transportation connectivity and promotes viability for many modes of transportation;

(3) Establish a Southeast Village Center with commercial, institutional, and residential uses, and provide standards and incentives for compact, pedestrian-oriented, mixed-use development in the Southeast Village Center;

(4) Require coordinated planning of the Southeast Plan Area, and encourage the development of neighborhoods with a cohesive design character;

(5) Establish special design and development standards for streetscapes, building orientation, setbacks, building height, access, lot coverage and density, and the use of greenways, alleys, street trees, and pedestrian street lighting;

(6) Provide a mix of compatible housing types at planned densities;

(7) Preserve natural waterways and other natural resources while providing routes for pedestrian and bicycle travel;

10.371 Scope and Applicability of Southeast (S-E) Overlay District Regulations.

(1) Application. The S-E Overlay District applies automatically upon annexation to the City of Medford to parcel(s) located within the Southeast Plan Area designated on the City of Medford General Land Use Plan Map. Land use and development within the S-E Overlay District shall conform to the S-E Overlay District regulations, in addition to all other applicable City regulations.

In the S-E Overlay, the construction of duplexes is the only middle housing type allowed on any undeveloped lot per the provisions listed in OAR 660-046-0010 to 660-046-0235 as related to the construction of middle housing.

(2) Adjustments: The boundaries of the S-E Overlay District may be adjusted by the City Council in conjunction with amendments of the Southeast Plan Map according to Comprehensive Plan amendment procedures found in Sections 10.214 – 10.228.

10.372 General Land Use Plan Map and Southeast Plan Map Consistency, S-E.

Within the S-E Overlay District, the Medford General Land Use Plan (GLUP) Map is further refined by the Southeast Plan Map adopted as part of the Medford Comprehensive Plan. Within the S-E Overlay District, the Southeast Plan Map shall determine GLUP Map consistency for purposes of zoning and zone changes. The zoning district(s) with which each Southeast Plan land use category is consistent and their permitted residential density ranges are set forth in Section 10.373.

10.373 General Land Use Plan Map, Southeast Plan Map, Zoning, and Residential Density, S-E.

(1) The sub-areas, General Land Use Plan Map designations, Southeast Plan Map land use categories, zoning, and residential densities permitted in the S-E Overlay District are provided in Table 10.373. See Figures 10.373(A) and 10.373(B) for the location of Southeast Plan Map sub-areas.

(a) Minimum permitted residential density is 5.0 units per acre in SFR-10 for the portion(s) of a development where dwellings receive sole vehicular access from an alley.

(b) Maximum permitted residential density is 36.0 units per acre in MFR-30. Within Area 7A, residential development shall conform to Section 10.378(3).

(c) When development is proposed as a PUD larger than five acres, the residential may be increased by up to 20% in accordance with Section 10.192(7)(b).

Sub-Area	General Land Use Plan Map Designation	Southeast Plan Map Land Use Category¹	Permitted Zoning	Permitted Residential Density Range Du/Ac³
1	UR	Estate Lot	SFR-2	0.8 to 2.0
2, 16, 17, and 20	UR	Standard Lot	SFR-4 or SFR-6	2.5 to 6.0
6, 11, and 15	UR	Small Lot	SFR-10 with alleys²	5.0 to 10.0²
6, 11, and 15	UR	Small Lot	SFR-10 without alleys	6.0 to 10.0
4 and 13	UM	Rowhouse	MFR-15	10.0 to 15.0
3, 5, 10, 12, and 14	UH	High Density	MFR-20	15.0 to 20.0
3, 5, 10, 12, and 14	UH	High Density	MFR-30	20.0 to 36.0
7A	Commercial	Commercial Center Core	C-C	20.0 to no limit See 10.708(3)
7B	Service Commercial	Commercial Center – Service/Office	C-S/P	20.0 to no limit See 10.708(3)
8 and 18	UR	School	SFR-4 or SFR-6	Not Applicable
9, 19, and 21	UR	Park	SFR-4 or SFR-6	Not Applicable
21	UH	Park	MFR-20 or MFR-30	Not Applicable
22	Commercial	Commercial	C-C	20.0 to no limit See 10.708(3)
23	Parks and Schools	Park	P-1	Not Applicable
24	Parks and Schools	Park	P-1	Not Applicable
See SE Plan Map	Greenway	Greenway	Any	Not Applicable

Table Footnotes:

¹ Southeast Plan Map land use categories are derived from the study entitled Southeast Medford Circulation & Development Plan, August 1995, as amended.

² Special density provisions for SFR- 10.

³ Du/Ac = Dwelling units per acre.

10.374 News Development and Commercial Center Core Area (Area 7A) Master Plan Requirements, S-E.

(a) Requirements. All new development within the S-E Overlay District shall be approved by the approving authority if it can be found to be consistent with all of the applicable provisions in Sections 10.375 through 10.385. Development within Area 7A shall also be consistent with the adopted Southeast Village Commercial Center Core Area Master Plan. Proposals for new development that deviates from any of the applicable provisions in Sections 10.375 through 10.385, and/or the Southeast Village Commercial Center Core Area Master Plan, shall require approval of a Planned Unit Development (PUD) pursuant to Sections 10.190 through 10.198.

(b) Approvals. In approving applications for projects within the S-E Overlay District, the approving authority shall find that the application conforms to the S-E Overlay District standards. In approving PUD applications for projects within the S-E Overlay District, the Planning Commission may grant modifications of City standards, including provisions of the S-E Overlay District, under Section 10.192(2), except for height standards in Section 10.375(3) and the prohibited uses in Section 10.378(4).

(a) Commercial Center Core Area (Area 7A) Master Plan. The adopted Southeast Village Commercial Center Core Area Master Plan governs design and development within the area designated 7A (Commercial Center Core Area) on the Southeast Plan Map (see Figure 10.372). All zone changes, Site Plan and Architectural Reviews, PUDs, other land use actions, and permits within Area 7A shall conform to the Master Plan.

(b) The Area 7A Master Plan is incorporated by reference as part of this Chapter for the S-E Overlay District, and shall be as much a part of the Municipal Code as if all were fully described herein. Development within Area 7A shall be approved by the Site Plan and Architectural Commission only if it can be found to be consistent with the adopted Master Plan. Development within Area 7A that is not consistent with the adopted Master Plan, regardless of size, shall be approved only when a PUD has been approved by the Planning Commission.

A development shall be found to be consistent only if:

(i) The proposed development is consistent with all Code standards unless superseded by Master Plan Sector Design and Development standards, in which case the development shall comply with applicable Sector Design and Development Standards.

(ii) Revisions are limited to the following:

(A) The building envelope is not increased or decreased by more than 10% of the envelope shown on the Master Plan.

(B) Plazas are not smaller than 90% of proposed size on Master Plan;

(C) If the location of a building is altered, it does not impair the safety of on-site pedestrian and vehicular circulation.

10.375 Special Lot Coverage, Building Setbacks, Building Height Standards, S-E.

(1) Lot Coverage. The S-E Overlay District modifies the lot coverage standards of the underlying zones as follows.

(a) Front porches, canopies, awnings, porticos, arcades, and similar pedestrian weather protection features, when adjacent to a street or abutting a public plaza, as defined herein, and measuring not less than six feet in depth and six feet in width are exempt from maximum lot coverage calculations.

(b) For commercial zones there is no restriction on lot coverage.

(2) Building Setbacks. The S-E Overlay District modifies the building setback standards of the underlying zones as follows:

(a) Front porches, canopies, awnings, porticos, arcades, patio walls (if the patio wall is constructed of stucco, brick, stone/faux stone, or a similar finish and does not exceed 5½ feet in height), and similar architectural projections may be placed within 9 feet of the front property line, provided that they do not encroach onto any public utility easement.

(b) The minimum rear yard setbacks for garage entrances having alley access are as follows:

(i) Twenty-four feet from the garage door to the opposite side of the alley;

(ii) Four feet for a side-loaded garage (where the garage door is perpendicular to the alley);

(iii) Eight feet for a garage having parallel parking only or no parking between the garage entrance and the alley.

S-E Overlay District:

(i) Special design standards for attached housing (Section 10.376);

(ii) Special design standards for Southeast Village Center (Section 10.377);

(iii) Special fencing standards (Section 10.382); and

(iv) Standards for development in or adjacent to Greenways (Section 10.384).

(3) Building Height. Building height shall be measured pursuant to Section 10.705 and standards established in Article V shall apply except as follows:

(a) Within Area 7A, the maximum allowable building height is 45 feet, except that the maximum building height may be increased to 60 feet for residential development in mixed-use buildings as described in Section 10.378(3).

(b) In Area 7B, the maximum allowable building height is 45 feet, except 35 feet if within 150 feet of a residential zoning district.

10.376 Special Design Standards for Attached Housing, S-E.

Except as provided in Section 10.377 for the Southeast Village Center, the following standards apply to attached housing types (townhouses, multiple-family, duplexes, and other attached dwellings) in the S-E Overlay District:

(1) Primary Dwelling Entrances. Primary dwelling entrances shall face a street, or face a court/courtyard, breezeway, or lobby that is visible from and connected to the street sidewalk. For group quarters or a residential facility, such as a congregate or retirement facility, one primary entrance must meet this requirement.

(2) Garages. Where a garage is present, one of the following standards in subsections (2)(a) through (2)(c) of this section shall be met, and shall additionally meet both subsections(2)(d) and(2)(e) of this section:

(a) The garage is accessed via an alley or internal drive (required for groups of two or more freestanding garages); or

(b) Garage door(s) shall be provided and shall be flush with the front or street side building elevation, shall not exceed 50 percent of the entire front or street side building elevation, and shall be constructed of materials that are compatible with the appearance of the primary building that the parking is intended to serve; or

(c) Garage door(s) shall be set back from the front or street side building elevation or from a covered porch by at least six feet. To meet this standard, the front or street side building elevation and/or porch must account for at least 30 percent of the length of the building facing the street.

(d) Carports and other surface parking covers are not permitted.

(e) Groups of two or more freestanding garages on a single lot shall be set back from adjacent streets by at least 20 feet. Frontage landscaping shall be provided to create a visual buffer between group(s) of freestanding garages and adjacent streets.

10.377 Special Design Standards for Southeast Village Center.

The following design standards apply to the Southeast Village Center. See Figure 10.378 for the location of the Southeast Village Center, the Commercial Center (Areas 7A and 7B), and the Commercial Center Core Area (Area 7A).

(1) Building Orientation (Build-to Lines). At least 50% of the length of the ground-level street-facing façade of a building must be located at the minimum street setback line or abut a public plaza, as defined herein,that adjoins a street. No structure, driveway, or motor vehicle parking area may be closer than the minimum street setback line, except where provided for direct vehicle access to the street, and except for fences and patio walls under Section 10.375(2)(a) and Section 10.382.

(2) Building Setbacks. Commercial Center Core Area (Area 7A) contains special setback standards provided by the Commercial Center Core Area Master Plan. Within the Southeast Village Center, the maximum street or public plaza setback shall be 20 feet within the SFR-10 zone, and 15 feet within the MFR and C-S/P zones.

(3) Primary Building Entrances. Buildings in the Southeast Village Center shall provide entrances that conform to the following standards:

(a) Commercial, institutional, and the non-residential portion of mixed-use buildings shall have a primary building entrance that either faces an adjacent street or is placed at an angle of up to 45 degrees from an adjacent street, measured from the property line abutting the right-of-way. Buildings adjacent to, or within 200 feet of a transit stop or station shall orient a primary building entrance to face the stop or station.

(b) When located at the intersection of two streets, the commercial, institutional, and the non-residential portion of a mixed-use building shall do one of the following:

(i) Provide two primary building entrances, one facing each street; or

(ii) Orient one primary building entrance to both streets by placing the entrance at the street corner; or

(iii) Place one primary building entrance facing one street that it is not more than 20 feet from either street right-of-way.

(c) Residential buildings, except for detached single-family residences, shall conform to the standards in (a) and (b), or provide a pedestrian walkway for access to transit stops or stations meeting the provisions of Sections 10.775 and 10.776. Detached single-family residences shall provide a primary entrance facing one adjacent street. A primary building entrance for a residential building may face a porch or patio that is located between the building and street.

(4) Ground-Floor Windows. Commercial, institutional, and the non-residential portion of mixed-use buildings shall provide ground-floor windows on street-facing sides that conform to the following standards:

(a) Ground-floor windows shall cover at least 50% of the horizontal length and at least 25% of the ground floor wall area of all building facades that face a street or public plaza. This requirement does not apply to the walls of residential units, nor to the walls of parking structures when set back at least 10 feet and screened with landscape materials in conformance with Section 10.797.

(b) Required window areas must be either transparent windows that allow views into working areas or lobbies; pedestrian entrances; or transparent display windows set into the wall. Display cases attached to the outside wall do not qualify. The bottom of the windows must be no more than four feet above the adjacent exterior grade. Only clear or lightly tinted glass in windows, doors, and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

(5) Windows on Street-Facing Facades on Residential Buildings. At least 15% of the area of each façade on all floors or stories that face a street on all residential buildings or residential portion of a mixed use building must be windows, primary building entrance doors, porches, balconies, and/or a similar visual or physical access way for natural surveillance of the street. Windows used to meet this standard must allow views from the building to the street. Glass block and similar sight-obscuring surfaces do not meet this standard. Windows in garage doors and garage walls apply toward meeting this standard.

(a) The following is the minimum amount of landscaped open space required within the Southeast Village Center:

(i) SFR-10 zoning district: 20% of the project site area. This requirement does not apply to detached single-family residential uses.

(ii) MFR zoning district: 15% of the project site area.

(iii) C-C zoning district (Area 7A): 10% of the project site area.

(iv) C-S/P (Area 7B) and other zoning districts not listed above: 20% of the project site area.

(b) Notwithstanding Section 10.797, all land between buildings and/or other structures and the right-of-way shall be treated with a combination of landscaping and hard surfacing for use by pedestrians. Subject to City review and approval, extra-wide public sidewalks may provide for pedestrian amenities such as benches, drinking fountains, and/or other design elements (e.g., public art, planters, and kiosks). Weather protection elements such as awnings, canopies, porticos, covered entrances, porches, covered seating (e.g., bus waiting areas), and/or similar elements may encroach into a required setback or the public right-of-way when approved through Site Plan and Architectural Review or as part of a PUD.

10.378 Special Standards for Commercial Center (Areas 7A and 7B), S-E.

The S-E Overlay District modifies the provisions of the underlying zoning districts in the Commercial Center (Areas 7A and 7B) as follows:

(1) Outdoor Uses. Except as provided in (a) through (c), all uses, activities, sales, merchandise, and the stockpiling and storage of equipment and materials shall be entirely within an enclosed building. The following uses may be outside an enclosed building:

(a) Outdoor eating areas pursuant to Section 10.833 and sidewalk cafes in the public right-of-way pursuant to Section 10.358(1)(c);

(b) Temporary outdoor sales of merchandise pursuant to Section 10.831;

(d) Parks, playgrounds, greenways, outdoor performing arts facilities, outdoor sports facilities, plazas, pedestrian malls, and news racks in conformance with Chapter 6 of the Code.

(2) Drive-Through Retail and Service Windows. Drive-through retail and service windows are limited to three sites in Area 7A, one designated for a pharmacy, one for a bank, and one for a credit union. These three uses shall conform to the following standards and other appropriate conditions imposed by the approving authority.

(a) Drive-throughs and service windows shall be architecturally integrated with all buildings.

(b) Drive-throughs and service windows shall not be located on the street side of the building.

(3) Residential Uses in Area 7A. Residential uses and group quarters are subject to the provisions of the Commercial Center Core Area (7A) Master Plan, and not more than 20% of the gross floor area on a project site may consist of ground floor residential or group quarter uses. Residential and group quarter uses may be located above a ground-floor commercial or institutional use, subject to the building height standards provided in Section 10.375(3).

(4) Prohibited Uses. Notwithstanding Section 10.337, the following uses are not permitted in the Commercial Center (Areas 7A and 7B) and cannot be permitted through a PUD approval:

SIC No. *	Commercial Center Prohibited Uses
NA	Drive-through retail and service windows except as permitted per Section 10.378(2).
551, 552, 555, 556, 557, 559, 751, 753, 754	Motor vehicle sales and repair
271	Newspaper Printing Facilities
5541	Gasoline Service Stations and Fueling Stations
6553	Cemeteries and Mausoleums
7218	Industrial Laundries
7692	Welding Shops
7699	Agricultural Equipment Repair, Engine Repair, Industrial Truck Repair, and Septic Tank Services
7948	Outdoor Race Tracks
9223	Correctional Institutions

*The SIC numbers correspond to the Standard Industrial Classification (SIC) Code numbers found in Section 10.337.

(5) Business Size Limitations in Area 7A. The maximum gross floor area of any one business use shall be 50,000 square feet in accordance with Section 10.328.

(a) There shall be no requirement to supply a minimum number of off-street motor vehicle parking spaces in Areas 7A and 7B. See Table 10.743-1, City of Medford Minimum and Maximum Parking Standards, for parking maximums.

(b) The number of off-street motor vehicle parking spaces provided for each use in Area 7A shall not exceed 100 percent of the minimum standard for the subject use.

(7) Pedestrian Amenities. At least ten percent of any developed site area with commercial, institutional, residential, and/or mixed-use development, shall be devoted to pedestrian amenities. These may include amenities provided by the developer on public property or right-of-way with City authorization. Pedestrian amenities may include, but are not limited to, public and/or private plazas, outdoor seating, pocket parks, transit waiting areas and facilities, extra-wide sidewalks (wider than minimum City standard) with street furnishings (e.g., seating, fountain, public art, information kiosk, sidewalk vending where permitted, and similar furnishings). This ratio may be reduced or waived for projects that provide parking structures for multiple users, subject to City approval and recorded shared parking agreement.

(8) Bicycle Parking. The amount of bicycle parking provided within Area 7A shall be twice the amount required by Section 10.748 “Bicycle Parking Standards”.

10.379 Streetscape, Planter Strip, and Street Tree Standards, S-E.

Within the S-E Overlay District, streetscape features, planter strips, and street trees shall be improved and/or installed as provided below.

(1) Streetscape and Planter Strip Plan Required. A Streetscape and Planter Strip Plan shall be submitted as part of an application for a Land Division, Preliminary PUD Plan, Transportation Facility, Site Plan and Architectural Review, or Conditional Use Permit, except when the project site has no public or private street frontage, or a Streetscape and Planter Strip Plan has been previously approved for the site frontage. The approving authority shall approve, conditionally approve, or disapprove the Plan after review and recommendations from City staff.

(a) Plan Content. The form and number of copies of the Streetscape and Planter Strip Plan shall be as set forth in the application materials on file in the Medford Planning Department. The Plan shall include details regarding the proposed design of the entire area between the curb and the property line, including sidewalks, landscaping, street trees, street lights, utility poles, traffic signals, and transit stops. It shall acknowledge that an appropriately designed automatic underground irrigation system will be provided per Section 10.780. The street trees indicated in the Plan shall meet the requirements in (2) through (6) of this Section. Street lighting indicated in the Plan shall meet the requirements of Section 10.380. The Plan shall also include streetscape features required by any adopted Neighborhood Circulation Plan, Commercial Center Core Area Master Plan, special area plan, or other adopted plans.

(b) Landscaping Installation and Continued Maintenance. Except for planter strips and medians in Arterial streets, and for medians in Collector streets, installation and maintenance of the approved landscaping, including street trees, shall be a continuing responsibility of the owners of the abutting property.

(2) Street Trees and Right-of-Way Landscaping Required. Street trees and right-of-way landscaping shall be planted and maintained along all public or private streets as a condition of any of the following actions.

(a) As a condition of approval for any subdivision, land partition, or PUD; or,

(b) As a condition of approval for any development requiring Site Plan and Architectural Review; or,

(c) As part of the project when Arterial and Collector streets dedicated, or intended to be dedicated, for public use are constructed or improved ; or,

(d) As a condition for a permit to remove a street tree when replacement is required.

(3) Street Tree Spacing Standards. Street trees, where they are within or abutting residential zoning districts on the same side of the street, shall be installed to provide not less than a 100% canopy cover over the sidewalk at the time of tree maturity. Street trees, when they are within or abutting commercial zoning districts on the same side of the street, shall be installed to provide not less than a 70% canopy cover over the sidewalk at tree maturity. Canopy cover shall be based on tree maturity and growth habit data provided in the Official List of City of Medford Approved Street Trees, a copy of which is on file in the City of Medford Parks Department. Street trees shall not be located within 20 feet of the corner of an intersection of two streets measured at the curb line. Where trees are required in on-site street frontage landscaping pursuant to Section 10.797, street trees located in the right-of-way may be counted towards this requirement on a one-to-one basis at the discretion of the approving authority.

(4) Street Tree Types; Minimum Tree Size.

(a) Appropriate tree species, variety and cultivars shall be selected from the City of Medford’s Selected Street Tree List, a copy of which is on file in the City of Medford Parks Department.

The approving authority shall consider tree type selections based on the following:

(i) Maximizing tree canopy size at maturity to provide maximum shading.

(ii) Avoiding conflicts with utilities, street lighting, and traffic visibility.

(iii) Meeting unique site aesthetic considerations.

(iv) Ensuring tree type diversity within a block.

(b) New street trees shall have a minimum trunk diameter of two inches measured 12 inches from the ground.

(a) Street trees shall be planted within the planter strips located between the curb and the sidewalk, no closer than three feet from the curb line. For those commercial areas where no planter strips are planned, tree wells with grates shall be used, the design of which shall be as approved in the Streetscape and Planter Strip Plan.

(b) If no planter strip or tree wells exist, required street trees may be planted within the street right-of-way, or on private property, subject to the following conditions:

(i) The street trees may be planted between the edge of the street improvements and street right-of way line provided that the tree is no closer than three feet from the planned curb line and not within a planned sidewalk.

(ii) For any street tree planted within a public utility easement, a deed restriction shall note that tree replacement due to utility work is the responsibility of the property owner.

(iii) Any street tree planted within six feet of or inside a public street right-of-way, or in a public utility easement, shall be planted with a City-approved root controlling design.

(iv) When necessary, the street trees may be planted on private property not more than 10 feet back from the street right-of-way line. When required street trees are planted on private property, deed restrictions shall be recorded indicating that such trees are subject to the same City of Medford regulations as street trees within a public right-of-way.

(6) Timing for Installing Street Trees and Right-of-Way Landscaping; Security to Guarantee Installation.

(a) Single-Family Residential Development. The installation of sidewalks, planting of street trees and landscaping of planter strips in the right-of-way may be deferred for new single-family development until dwellings are constructed. In such cases where sidewalks, street trees and landscaping are deferred, the developer shall enter into an agreement with the City to ensure compliance according to Sections 10.666 and 10.667. Sidewalks, street trees and landscaping of planter strips conforming with the approved Streetscape and Planter Strip Plan shall be installed prior to issuance of Certificate of Occupancy.

(b) Multiple-Family Residential, Commercial, and Institutional Development. Street trees and planter strip landscaping conforming with the approved Streetscape and Planter Strip Plan, Landscape Plan and this Section shall be planted in conjunction with new multiple-family residential, commercial, and institutional development. As a condition of PUD, Site Plan and Architectural Review, or Conditional Use Permit approval, the developer shall enter into a written agreement pursuant to Sections 10.666 and 10.667 to ensure compliance with this Section.

10.380 Street Lighting Standards, S-E.

(1) Public Streets. For public streets within the S-E Overlay District, street lighting and pedestrian-scale street lighting meeting the design and improvement standards specified for the S-E Overlay District

within the City of Medford Street Lighting Standards and Specifications, a copy of which is on file in the Medford Public Works Department, shall be installed as follows:

(a) At least one streetlight shall be installed at each street intersection and at any pedestrian street crossing other than at street intersections.

(b) Pedestrian-scale street lights shall be installed on both sides of lower-order streets approximately every 100 feet within the planter strips, or, where planter strips are not required, located within the street right-of-way at locations agreed upon by the Director of the Medford Public Works Department or designee. For Collector and Arterial streets, the use and location of pedestrian scale streetlights shall be as determined by the approving authority in the development review process.

(c) Streetlights and pedestrian-scale streetlights shall be designed or shielded so as to prevent light from being emitted above the fixture.

(d) The location of streetlights and pedestrian-scale streetlights shall be coordinated with streetscape and planter strip or street tree planting plans where required or utilized.

(e) The operation and maintenance costs for the pedestrian-scale street lighting shall be charged to the benefiting property owners through establishment of a utility fee.

(2) Private Streets. For private streets within the S-E Overlay District, street lighting and pedestrian-scale street lighting shall be installed in accordance with (1), unless the PUD approval authorizes a modification. Legal documents shall be submitted in a form acceptable to the City Attorney prior to recording in the official records of Jackson County that assure that the street lighting and pedestrian-scale street lighting systems will be perpetually maintained and operated by individual property owners, an association of property owners, or other non-public entity.

10.381 Special Street Design and Vehicle Access Standards, S-E.

(1) Design. Streets, streetscapes, and vehicle access to individual properties within the S-E Overlay District shall be located, designed, and constructed consistent with the Code and adopted City of Medford Engineering Standards and Specifications, except as modified by any adopted Neighborhood Circulation Plan and, as applicable, the Commercial Center Core Master Plan.

(2) Vehicle Access to Narrow Lots. Residential lots with 50 feet or less width and 50 feet or less street frontage shall receive vehicular access from an alley or minimum access easement.

(3) East Barnett Road within the Commercial Center (Areas 7A and 7B). Beginning at the intersection of Stanford Avenue with East Barnett Road, the right-of-way cross section shall be as depicted in Figure 10.381(A), and extending to the easterly edge of Area 7B.

Figure 10.381(A). East Barnett Road Cross Section in Southeast Commercial Center
Beginning at Intersection with Stanford Avenue

10.382 Special Fencing Standards, S-E.

(1) Fences Abutting Rights-of-Way, Front Yard. Notwithstanding Section 10.732 and except as provided for patio walls in Section 10.375(2)(a), the maximum wall or fence height within a front yard abutting a street right-of-way is three feet, provided that the wall or fence shall be located on private property and no closer than two feet from the sidewalk. The fence setback area between any fencing and the sidewalk shall be landscaped, irrigated, and maintained with a combination of perennial ground cover plants and low growing (less than three [3] feet in height) shrub plantings.

(2) Fences Abutting Rights-of-Way, Side or Rear Yard. Notwithstanding Section 10.732, and except as provided for patio walls in Section 10.375(2)(a) and for Major Arterial street frontages, the maximum wall or fence height within a rear or side yard abutting a street right-of-way is six feet, provided that the wall or fence shall be located on private property, no closer than 10 feet from the sidewalk, and must be of a consistent design and color within a single block. Open fencing having a picket design within a rear or side yard abutting a street right-of-way can be located within three feet of the sidewalk, if not exceeding five and a half feet in height, provided that the wall or fence shall be located on private property and must be of a consistent design and color within a single block. The fence setback area between any fencing and the sidewalk shall be landscaped, irrigated, and maintained by the abutting property owner, a property owners’ association, or other responsible entity.

(3) Chain-Link Fencing Limitations. Chain-link fencing is prohibited within the S-E Overlay District, except black dip-coated chain link fencing with black posts and without interwoven strips is permitted adjacent to open space, schools, and parks. The approving authority at their discretion may allow chain-link fencing in other situations or designs.

10.383 Standards for Development Abutting Arterial or Collector Streets, S-E.

(1) Purpose. This section is intended to protect the functionality of Collector and Arterial streets, as shown on the Southeast Circulation Plan Map (see Figure 10.383(A), which must serve multiple modes of traffic while meeting the need for access to neighborhoods and individual uses. This section is also intended to promote an attractive and safe streetscape by orienting buildings toward the street for natural surveillance, rather than orienting backyard fences to the street.

(2) Vehicular Access Standards. Direct vehicular access to a parcel shall not be provided from an Arterial or Collector street unless none of the options in (a) through (d) are available; however, access shall be consistent with any adopted Neighborhood Circulation Plan, and the Commercial Center Core Area Master Plan where applicable.

(a) Access from a side street that is a lower-order street; or

(b) Access from an alley; or

(d) Access from a shared driveway (not permitted on Arterials).

(3) Through-Lots. Notwithstanding Subsection (2) of this Section and Section 10.704, the following applies to through-lots:

(a) Detached or attached single-family residential through-lots are permitted only where an applicant can demonstrate why the creation of through-lots is unavoidable due to environmental, physical, topographical, or existing development constraints, subject to the review and approval of the approving authority.

(b) Where through-lots are authorized in any zoning district, except for single-family residential through-lots on Major Arterial streets, an irrigated landscaped buffer shall be installed behind the back of the sidewalk abutting the rear yard. The landscaped buffer may be in common ownership or incorporated into extra deep lots, subject to the review and approval of the approving authority. The minimum depth of the buffer shall be at least 10 feet, except where Section 10.382(2) permits a fence within three feet of the sidewalk. Additional depth may be required by the approving authority when necessary to provide visual buffering. Design, installation, and maintenance of the landscaped buffer shall be assured in a form acceptable to the City Attorney. All required landscape improvements shall be installed or guaranteed, in conformance with City standards, prior to issuance of building permits.

(c) Residential through-lots abutting the east side of the North Phoenix Road right-of-way shall install a vertical separation feature. The type of vertical separation feature shall be as follows, depending on the location in relation to Barnett Road.

(i) For through-lots north of Barnett Road, the typical street frontage treatment is five feet of wrought iron fencing atop a three-foot stucco wall, engineered to stand straight, with landscaping behind, to complete a total of eight feet in height to buffer the adjacent residential lots. For illustration, see Figure 10.383(B).

(ii) For through-lots south of Barnett Road, the typical street frontage treatment is a landscaped strip 20 feet in width outside the right-of-way, consisting of a four-foot berm with landscaping on top totaling at least eight feet in height. Any fencing is to be located entirely on private property beyond the 20-foot area. For illustration, see Figure 10.383(C).

Figure 10.383(B). North Phoenix Road Street Frontage Landscaping and Vertical Separation Feature
(North of Barnett Road)

Figure 10.383(C). North Phoenix Road Street Frontage Landscaping and Vertical Separation Feature
(South of Barnett Road)

10.384 Greenways - Special Design and Development Standards, S-E.

Within the S-E Overlay District, development within or adjacent to the areas designated as Greenways in this Chapter and the Comprehensive Plan shall be consistent with the following regulations. For those areas within an adopted riparian corridor, the regulations of Sections 10.920 through 10.928 shall take precedence.

(1) Location and Extent of Greenway Designation. Within the S-E Overlay District, the general location of Greenways are depicted on both the General Land Use Plan Map and the Southeast Circulation Plan Map, provided that a more precise location shall be established as follows:

(a) Major Greenways. The Greenway designation shall extend not less than 50 feet from the top of the bank on each side of the channel along Larson Creek, North Fork Larson Creek, and in the Village Center. The top of the bank shall be as defined in Section 10.012. These greenways are identified as Major Greenways in the Southeast Circulation Plan of the Comprehensive Plan.

(b) Minor Greenways. For Greenways that are not located along Larson Creek, North Fork Larson Creek, or in the Village Center, the Greenway designation shall extend as indicated in the Southeast Circulation Plan of the Comprehensive Plan. These greenways are identified as Minor Greenways in the Southeast Circulation Plan of the Comprehensive Plan. The Greenway designation shall extend not less than 20 feet from the centerline of the drainageways. For Minor Greenways not located along natural surface drainage features, the designation shall be 40 feet in width consistent with Figure 5 of the Southeast Medford Plan Area Neighborhood Circulation Plan.

(c) The size and location of Greenways may be altered by the City when needed to comply with other City, state and federal regulations.

Major Greenway, Riparian Corridor (corresponds to G-1 on the SE Circulation Plan Map)

Major Greenway, Non-Riparian (corresponds to G-2 on the SE Circulation Plan Map)

Major Greenway, Path In-Lieu of Sidewalk (alternate option when approved by City)

Minor Greenway with surface drainage (G-3 on SE Circulation Plan Map)

Minor Greenway without surface drainage (G-4 on SE Circulation Plan Map)

(2) Permitted Uses. Notwithstanding the provisions of Sections 10.306 through 10.337, and subject to any other provisions of this Code and law, the only uses permitted within areas designated as Greenways shall be:

(a) Streets, roads, bridges, and paths where necessary for access or crossings, provided these uses are designed and constructed to minimize intrusion into the riparian area.

(b) Drainage facilities, utilities, and irrigation pumps.

(d) Interpretive and educational displays, and overlooks, including benches and outdoor furniture.

(e) Replacement of existing structures with structures in the same location that do not disturb additional riparian area.

(f) Other uses and activities permitted in the underlying zoning district, unless prohibited by state or federal regulations, as may be approved as part of a PUD, provided that the City may install or permit the installation of any use or activity permitted in the underlying zoning district without PUD approval.

(a) Improvement Standards. Greenways shall be improved according to the following standards:

(i) Except for the Greenway in the Village Center and as may otherwise be approved as part of a PUD, Greenways shall consist of native vegetation, and shall not be improved except as permitted or required in this Code and in the Southeast Circulation Plan of the Comprehensive Plan, and provided that:

(A) Additional canopy trees of a size, species, and variety approved by the City may be installed to augment the natural landscape and stabilize the banks of waterways.

(B) Enhancement of the native vegetation is encouraged. Noxious weeds or nonnative vegetation may be removed if replaced with native plant species as approved by the City and appropriate state and federal agencies.

(C) Nothing in this Section shall be construed to prohibit the preservation or enhancement of wetlands as may be required by any public agency having jurisdiction over wetlands consistent with the laws of the City, state, and federal governments.

(ii) Improved access for the equipment needed for maintenance of storm drainage facilities and for bicycle and pedestrian circulation shall be provided within or abutting each Greenway in a location determined by the City to have the least impact on the vegetation in the riparian area. Said access shall be constructed to the standards of the City. Where acceptable access for the maintenance of storm drainage facilities and bicycle and pedestrian circulation is provided along a planned or existing street adjacent to a Greenway, the access requirement within the Greenway may be waived.

(iii) Greenways shall be improved at the time adjacent land is developed.

(iv) Where feasible, streets shall be collinear and adjacent to Greenways.

(b) Responsibility for Greenway Improvements. Required improvements in Greenways shall serve two principal purposes as explained in the Medford Comprehensive Plan: 1) for storm drainage and sanitary sewer or 2) for non-motorized circulation. Pedestrian and bicycle circulation are essential to the success of the transit-oriented development. The Southeast Circulation Plan denotes the appropriate cross sections for each greenway typology. The responsibility for installing Greenway improvements to the standards in this Section shall be based on the following:

(i) Greenway Improvements for Storm Drainage. Open space for stormwater quality and detention facilities required by Section 10.486 and Section 10.729 may be provided in Greenways rather than on site. The installation of improvements that provide required access to storm drainage facilities in Greenways based on the Southeast Circulation Plan shall be by, and at the sole expense of, the owners of the land adjacent to either side of the Greenway, or segment thereof, unless otherwise approved in writing by the City in advance of a development permit application being submitted to the Planning Department. Consistent with the adopted Greenway design plan in the Southeast Circulation Plan, the City shall approve, on a case-by-case basis, the location of a surfaced path required to provide access for storm drainage maintenance, and any other required or proposed utility improvements.

(ii) Greenway Improvements Exclusively for Pedestrian and Bicycle Circulation. The installation of a surfaced path in Greenways, other than those for storm drainage, shall be by and at the sole expense of the owners of the land adjacent to either side of the Greenway, or segment thereof, unless otherwise approved in writing by the City in advance of a development permit application being submitted to the Planning Department. Consistent with the adopted Greenway design plan in the Southeast Circulation Plan, the City shall approve, on a case-by-case basis, the location of a surfaced path required to provide pedestrian and bicycle circulation, and any other required improvements. All or part of Greenways improved exclusively for pedestrian and bicycle circulation may be acquired by the City through dedication or purchase of the land in fee-simple or through the acquisition of easements.

(iii) Extent of Greenway Improvements. Pursuant to this Section, the portion of each Greenway required to be improved by a property owner at the time of development shall be that portion of Greenway contiguous to the property to be developed. Where a Greenway passes through a parcel, the owner, pursuant to Section 10.384(3)(b)(i), shall be required to dedicate and improve the entire Greenway segment passing through his/her parcel.

(iv) The City may require all or any part of the Greenway to be dedicated for public use and/or ownership following the installation of the required improvements. However, the City, in its sole discretion, may permit the dedication of easements in lieu of fee-simple land dedication.

(v) Section 10.668 (Limitation of Exactions) shall be considered in relation to the above requirements.

(c) Maintenance of Greenway Improvements. Greenway improvements dedicated to the City for any purpose, whether in fee-simple or as easements, shall be maintained by the City. However, the City may relinquish the maintenance of any Greenway improvements to an association of owners established pursuant to Section 10.192(3).

(a) Greenway Improvements. Unless prohibited by other City, state or federal regulations, in the Village Center Greenway, undesirable shrubs, trees, and noxious vegetation may be removed, and ornamental vegetation installed to supplement the remaining native vegetation. Prior to commencing alteration of vegetation within the Greenway area, a landscape restoration plan shall be prepared for review and approval by the City in conjunction with an application for associated Development Permit, if any, or by the Medford Parks Department if not associated with a Development Permit application. The landscape plan shall demonstrate that an equivalent or better amount of stream corridor shading will result upon maturity of the replacement vegetation elements and that the selected plant varieties will survive given the site conditions.

(b) Creekside Development. The development of land adjoining the Greenway within the Village Center shall conform with the following requirements, unless waived or modified as part of the Commercial Center Core Area Master Plan or a PUD approval:

(i) Pedestrian Walkway Connections. A pedestrian walkway as required in Sections 10.772 through 10.776 shall link the principal building of each creekside use or activity to the multi-use path within the Greenway, if on the same side of the waterway as the path.

(ii) Pedestrian Walkway Lighting. All pedestrian walkway connections to the multi-use Greenway path shall be lighted with the type of fixtures and meeting the definition of “pedestrian scale lighting” in Section 10.012.

(iii) Landscaping Between Creekside Development and Greenway. Undeveloped land between each creekside building, use, or activity and the Greenway shall be landscaped in a manner compatible with the native vegetation, and irrigated with an automatic underground system. Such landscaping shall be designed to produce areas of high surveillance to reduce the potential for vandalism and criminal mischief. Landscaping to achieve high surveillance includes grass and ground cover, shrubs less than two and one-half (2½) feet in height, and deciduous trees that produce canopies having the lowest branches more than six feet from the ground. Such landscaping shall not conflict with or violate state and federal regulations related to the preservation of wetlands or riparian areas.

10.385 School and Park Siting Standards, S-E.

(1) Purpose. The purpose of requiring public school and park sites to abut streets instead of the backs of lots is to support natural surveillance of public spaces for crime prevention, and to provide adequate public access to parks and schools. The standard ensures at least a minimal amount of visibility into the site for security, and the potential for a limited amount of on-street parking.

(2) Schools and Parks location standard. Public school and park sites shall abut streets instead of the backs of lots. This standard is met when a school or park site has frontage onto at least one public street for a distance of not less than 100 feet. The standard does not apply to private schools, parks, or open spaces.

10.401 Historic Preservation Overlay, Purpose.

The Medford Historic Preservation Overlay is a zoning designation that may be applied to properties, public or private, within the City. It is the purpose of the Historic Preservation Overlay to protect, enhance, perpetuate, and improve those buildings, structures, objects, sites, and districts that are of local, regional, statewide, or national historic significance. The Historic Preservation Overlay is a critical element of Medford’s residential and commercial revitalization strategy, and a keystone in the broader economic and community development strategy.

More specifically, the Historic Preservation Overlay is intended to:

(1) Affect and accomplish the protection, enhancement, perpetuation, and improvement of such buildings, structures, objects, sites, and districts that represent elements of Medford’s cultural, social, economic, political, or architectural history;

(2) Safeguard Medford’s historic, aesthetic, and cultural heritage as embodied in such buildings, structures, objects, sites, and districts;

(3) Complement the National Historic Preservation Act and National Register of Historic Places;

(4) Encourage private owners and public citizens to understand the value of such buildings, structures, objects, sites, and districts, thus creating incentives for preservation;

(5) Foster civic pride in the beauty and accomplishments of the past;

(6) Protect and enhance Medford’s visitor and tourist attractions, and support and stimulate business and industry;

(7) Promote the use of such buildings, structures, objects, sites, and districts for the education, pleasure, and public welfare of the residents of Medford;

(8) Further the provisions of Statewide Planning Goal 5 (to protect natural resources and conserve scenic and historic areas and open spaces); and,

(9) Implement the Medford Comprehensive Plan.

10.402 Historic Preservation, Definitions.

When used in this Code in reference to historic resources, the following terms shall have the meanings as herein ascribed:

Demolish. To raze, destroy, dismantle, deface, or in any other manner cause partial or total ruin of buildings, structures, objects, or sites in designated historic areas.

Designation. A decision declaring that an historic resource is of local, regional, statewide, or national significance, and that such resource is to be placed within the Historic Preservation Overlay, and, therefore, including it in the inventory of historic areas within the City.

Exterior. Any portion of the outside of buildings, structures, objects, or sites in designated historic areas, including signage.

Exterior alteration. Any modification of, addition to, or removal from the visible exterior elements of buildings, structures, objects, or sites in designated historic areas.

Historic areas. Lands with buildings, structures, objects, sites, or districts that have local, regional, statewide, or national historic significance.

Historic resources. Buildings, structures, objects, sites, or districts that have a relationship to events or conditions of the human past.

Historic resources of statewide significance. Buildings, structures, objects, sites, or districts listed in the National Register of Historic Places, or located within National Register historic districts.

Historic significance. Having historic significance shall mean that the historic resource:

(a) Is associated with a person, group, organization, or event that made a significant contribution to, or is illustrative of the broad patterns of cultural, social, political, economic, or industrial history of the city, region, state, or nation; or,

(b) Retains sufficient original design, craft work, or material in its original setting to serve as an example of a particular architectural period, building type, or style having design or artistic quality; or,

(c) Is a rare or unique surviving example of a development type, architectural style, or structural type significant to the city’s history; or,

(d) Significantly contributes to the historic character, identity, and continuity of the street, neighborhood or city, or is a visual landmark; or,

(e) Represents a noteworthy work of a developer, architect, builder, or engineer noted in the history or architecture of the region; or,

(f) Significantly contributes to the character and identity of a grouping (ensemble) of resources which, together, share a distinct and intact historic identity.

Local historic resource. Buildings, structures, objects, sites, or districts not of statewide significance, but designated by the Medford Landmarks and Historic Preservation Commission to be within the Historic Preservation Overlay.

Maintenance. Repair, cleaning, restoration, or other action necessary to counteract aging, wear, and/or use of a structure, building, object, or site, except that the maintenance activity must not involve a change in the design, material, color, or outward appearance of any exterior component, except such that results from the cleaning or renewal of an exterior surface.

10.403 Historic Preservation Overlay, Designation.

The Historic Preservation Overlay shall apply as follows:

(1) To all historic areas on the adopted “1-A List” in the Medford Comprehensive Plan.

(2) To all Medford historic areas and historic districts listed on the National Register of Historic Places as of the effective date of this ordinance, and thereafter, on the date the property is listed.

(3) To all historic areas and historic districts listed on the National Register of Historic Places as of the effective date of annexation to the City, if the property was listed prior to annexation.

(4) The extent of the Historic Preservation Overlay may be changed pursuant to the review process for Type III Historic Review applications, to include or exclude any area, parcel, or portion thereof that was not included pursuant to paragraphs (1), (2), or (3). Decisions to change the extent of the Historic Preservation Overlay shall adhere to the criteria set forth in Section 10.188(3)(a).

(5) Removal of Historic Preservation Overlay shall adhere to the criteria set forth in Section 10.405.

10.404 Significant Historic Resource Designation, Refusal.

If the owner of a property proposed for designation as a significant historic resource that is not listed on the National Register of Historic Places, nor within a National Register historic district, submits in writing a refusal to consent to such designation, the designation process for that property shall be terminated.

10.405 Historic Preservation Overlay Designation, Removal.

(1) The Historic Preservation Overlay designation shall be automatically removed when an historic resource not in an historic district is destroyed by fire or natural event.

(2) Upon written request for removal by the owner of a property designated as a significant historic resource that is not listed on the National Register of Historic Places, nor within a National Register historic district, the City shall remove said property from the Historic Preservation Overlay.

10.406 Historic Preservation Overlay, Exterior Alteration or New Construction.

No person may alter any building, structure, object, or site in an Historic Preservation Overlay in such a manner as to affect its exterior appearance, nor may any new structure be constructed, unless said exterior alteration or new construction has been approved through the process for Type III Historic Review applications or Minor Historic Review.

(1) Any exterior alteration except those related to signage or exterior color shall conform with The Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(2) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior component of a structure or site that does not involve a change in design, material, color or outward appearance of such features.

(3) When a Local Historic Resource designation or consideration of such designation has been removed from a building, structure, object, or site at the request of the property owner pursuant to Section 10.404 or Section 10.405(2), the Medford Building Safety Department shall not issue a permit for exterior alteration within 120 days from the date the request for removal of the historic resource designation was received by the City.

10.407 Historic Preservation Overlay, Demolition or Relocation.

No person may demolish or relocate all or part of any building, structure, object, or site in an Historic Preservation Overlay unless said demolition or relocation has been reviewed through the process for Type III Historic Review applications; except in the following instances:

(1) Where the Medford Building Safety Director or designee has ordered the removal or demolition of any building, structure, or object determined to be an immediate danger to life, health, or property. Nothing in this Section shall be construed as making it unlawful for any person to comply with such an order.

(2) Demolition, or relocation to a non-historic area, of a detached non-habitable accessory structure not larger than 300 square feet, unless the accessory structure is an attribute that contributes to the historic value of an historic resource or district.

(3) Demolition, or relocation to a non-historic area, of buildings, structures, or objects in historic districts that are classified as non-historic or noncontributing in the survey conducted to support the creation of the district.

If a Local Historic Resource designation has been removed from a property at the owner’s written request, the Medford Building Safety Department shall not issue a permit for demolition or relocation within 120 days from the date the request for removal was received by the City, except in the instances described in (1) through (3).

If an application is made for a permit to demolish or relocate all or part of a building, structure, object, or site within an Historic Preservation Overlay, the Medford Building Safety Director shall, within seven days of the date of application, notify the Planning Director. The Planning Director shall notify the applicant of the requirements for Historic Review. Proposed demolition or relocation in an Historic Preservation Overlay shall be subject to the applicable portions of this Code whether or not a demolition or relocation permit has been applied for.

10.408

[Replaced Sec. 17, Ord. No. 2006-199, Sep. 7, 2006; Repealed Sec. 5, Ord. No. 2014-63, May 15, 2014.]