(a) greater visual design interest; and

(b) pedestrian-oriented site design.

(a) New construction of a retail structure as defined herein, the footprint of which is at least 50,000 square feet; and,

(b) A large retail structure created by construction which represents a fifty percent (50%) or greater increase in building footprint and results in a footprint of at least 50,000 square feet.

(c) A large retail structure comprised of two (2) or more abutting buildings which have a common wall, roof or foundation, and whose combined footprint is at least 50,000 square feet.

(d) A large retail structure comprised of two (2) or more abutting and structurally independent buildings which appear to be a single building and whose combined footprint is at least 50,000 square feet.

(a) Architectural Projections or Recesses. With the exception of building facades less than one hundred seventy-five (175) feet long with off-street truck loading facilities, abutting building facades separated by a service drive, and facades abutting service drives and not visible from any public or private street, building facades greater than one hundred (100) feet in length measured horizontally shall include architectural projections or recesses having a depth of at least three percent (3%) of the length of the facade and extending for at least twenty percent (20%) of the length of the facade. Such architectural features shall be incorporated into building facade design at least every one-hundred (100) horizontal feet. (See Figure 10.725-1)

(b) Animating Features. With the exception of building facades with off-street truck loading facilities and abutting building facades separated by a service drive, building facades visible from planned or existing streets, plazas or parking shall have covered walkways, transparent windows, entrances, awnings, or other such features along at least sixty percent (60%) of their horizontal length. (See Figure 10.725-2.) The design of building facades visible from planned or existing streets, plazas or parking, and those with public entrances, shall contain at least one (1) feature from a minimum of three (3) of the following groups:

(c) Windows. When large retail structures contain one (1) or more businesses of less than 50,000 square feet of gross ground floor area with separate exterior public entrances, each such business shall have transparent windows along at least fifty percent (50%) of the horizontal length of its storefront. The bottom of the windows shall be no more than four (4) feet above the adjacent exterior grade.

(d) Repeating Elements. All building facades shall include a repeating element that includes at least three (3) of the following elements, one of which shall repeat horizontally:

(e) Materials and Colors.

(f) Entrances. Each large retail structure shall have at least one (1) clearly visible and architecturally prominent public entrance.

(a) Parapets;

(b) Overhanging eaves or cornices, extending at least three (3) feet past the supporting walls;

(c) Sloping roofs with a roof plane of between 1:3 and 1:1 slope.

(a) Buffering. Where a lot(s) containing a large retail structure or a large retail structure complex abuts land zoned for residential uses and no public street separates the residential zoned land from the lot(s), a Type B bufferyard, as described in Section 10.790(5), shall be installed between the lot(s) and residential zoned land.

(b) Pedestrian Walkways. In addition to the standards of Sections 10.773, Pedestrian Walkway Connections and Routing and 10.775, Pedestrian Walkway Design Standards, the following shall apply:

(c) Parking. Parking spaces shall be provided as in Section 10.743, Off-Street Parking Standards.

(d) Public Plaza.

(a) Stormwater quality treatment and retention shall be addressed with the development that constructs or reconstructs 5,000 square feet or more impervious surface.

(b) Stormwater quality treatment, retention, and detention shall be addressed with development that constructs or reconstructs 10,000 square feet or more of impervious surface.

(c) For subdivisions, partitions, or PUDs with less than 5,000 square feet of new private streets, minimum access easements, or other shared impervious surfaces, each lot will be considered a separate development.

(d) As used in this section, “stormwater facility” refers only to a facility that provides one or more of the following: stormwater quality treatment, detention, or retention.

(a) Stormwater facilities shall be constructed in conformance with Section 10.481, Improvement Standards Adopted.

(b) The stormwater facility design shall be approved by the City Engineer or designee prior to construction.

(c) Stormwater facilities for development that does not include public rights-of-way shall be privately maintained and shall have an Operation and Maintenance Plan approved by the City Engineer or designee prior to construction of the facility.

(d) When there will be multiple parties responsible for maintenance, an Operation and Maintenance Agreement, in a form acceptable to the City Engineer and the City Attorney, shall be required, in addition to the Operation and Maintenance Plan.

(a) In required yards abutting a street, it shall be the effective height measured from the finished grade on the side nearest the street.

(b) In other required yards, it shall be measured from the highest adjacent finished ground level.

(a) The clear vision triangular area for an intersection of a street without stop control is shown in Figure 10.735-1. See Table 10.735-2 below for determining all other curb line distances.

(b) The clear vision triangle area for an intersection of a street, alley or driveway with stop control is shown in Figure 10.735-2.

(c) Stop controlled intersections include driveways, alleys, and intersections with signals or stop signs.

¹The clear vision triangle for intersections with stop control shall be determined using Table 10.735-1.

(d) On one-way streets, the clear vision triangle may be reduced or deleted on the down-stream side of the intersection with approval of the Director of Public Works or designee.

(e) For alleys and streets with no curb in place, the anticipated location of the curb at full street build-out as per the current City of Medford Transportation System Plan (TSP) shall be used. Table 10.735-2 specifies the distance the curb would be expected from the right-of-way line.

(a) A public utility pole;

(b) A tree trimmed (to the trunk) to a line at least eight feet above the level of the intersection;

(c) Another plant species, other than trees of open growth habit, that is not planted in the form of a hedge, and which is so planted and trimmed as to leave, at all seasons, a clear and unobstructed cross-view;

(d) A supporting member or appurtenance to a permanent building lawfully existing on the date this standard became effective;

(e) An official warning sign or signal;

(f) A place where the natural contour of the ground is such that there can be no cross-visibility at the intersection.

(b) Such off-street parking spaces shall be provided at the time a certificate of occupancy is issued for a new building or the expansion of an existing building, per Section 10.743(3)(g).

(c) Any use requiring one-half or more of a parking space shall be deemed to require the full space.

(d) The provision and maintenance of off-street parking spaces is a continuing obligation of the property owner. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately.

(e) Required parking spaces shall be available for the parking of operable automobiles of residents, customers and employees and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use.

(a) When after the expansion or change in use, the number of parking and loading spaces provided still meets or exceeds the required minimum;

(b) If the expansion or change in use results in the need to provide no greater than 25 percent additional parking and/or loading spaces in order to meet the minimum number of required spaces, these additional spaces are waived;

(c) If the redevelopment or change in use maintains at least 50 percent of the building floor area;

(d) If the redevelopment or change of use is of a building vacant for more than two years.

(a) Delineation and typical dimensions of individual parking and loading spaces and drive aisles;

(b) Details showing compliance with electric vehicle charging readiness, per Section 10.746(8);

(c) Details showing compliance with accessibility requirements (see Chapter 11 (Section 1106) of the Oregon Structural Specialty Code), including routes;

(d) Details showing compliance with bicycle parking requirements (see Section 10.747);

(e) Dimensions of the circulation and maneuvering areas necessary to serve parking spaces;

(f) Pedestrian infrastructure and circulation;

(g) Access to streets, alleys and properties to be served;

(h) Curb cuts;

(i) Type of fencing or other screening materials;

(j) Abutting land uses;

(k) Grading, drainage, surfacing and subgrading details;

(l) Location, height, and candlepower of lighting fixtures;

(m) Delineations of all structures and other obstacles to parking and circulation on the site;

(n) Specifications as to signs and bumper guards;

(o) Parking lot landscaping plan, per Section 10.746(10); and

(p) Any required mitigation for large parking lot design, per Section 10.746(11).

(a) Type "A" berths shall be at least 60 feet long by 12 feet wide by 15 feet high, inside dimensions with a 60-foot maneuvering apron.

(b) Type "B" berths shall be at least 30 feet long by 12 feet wide by 14 feet 6 inches high, inside dimensions with 30-foot maneuvering apron.

(a) Parking Space Calculation. Parking space ratios are based on spaces per 1,000 square feet of gross floor area, unless otherwise noted. Table 10.743-1 contains parking ratios for minimum required number of parking spaces and maximum permitted number of parking spaces for each land use. Any use requiring one-half or more of a parking space shall be deemed to require the full space.

(a) Central Business District, per Section 10.358;

(b) Southeast Overlay District Commercial Center, per Section 10.378;

(c) Areas within one-half mile of designated frequent transit corridors, per Section 10.743(5);

(d) Historic Preservation Overlay designated areas and properties per Section 10.403, and any properties on the National Register of Historic Places, or those identified as a designated or contributing structure on a local inventory of historic resources or buildings;

(e) Designated Climate Friendly Area Overlays and areas within one-half mile of them;

(f) Existing business expansion, when the expansion is less than 30 percent of the original building footprint;

(g) Developments built under the Oregon Residential Reach Code;

(h) Developments seeking certification under any Leadership in Energy and Environmental Design (LEED) rating system, as evidenced by either proof of pre-certification or registration and submittal of a complete scorecard;

(i) A repeal of parking mandates for change of use of, or redevelopment of, buildings vacant for more than two years;

(j) A repeal of requirements to provide additional parking for change of use or redevelopment where at least 50 percent of the building floor area is retained.

(a) On-Street Parking Credit. A reduction of one off-street parking space shall be approved for each 24 feet of linear roadway of on-street parking directly abutting the property (see Figure 10.743-1 above). This credit may not apply where the City has a plan to remove the parking on a specific street. Guidance on where to find these planned locations is in the 2018 Transportation System Plan (Figure 21, Bicycle Plan) which identifies locations of streets to be reconfigured to provide bicycle facilities and where parking may be removed.

(b) Bicycle and Transit Proximity. The off-street parking requirement shall be reduced by 25 percent when a subject use or parcel is within a one-quarter-mile radius of an existing or planned transit stop or a bicycle lane, a shared-use path, or neighborhood bikeways/sharrows not located on an arterial or collector roadway; or

(c) Residential in Transit-Oriented Districts (TOD). When within a TOD, residential uses may use a parking standard of one space per dwelling unit (1:1); or

(d) Amenities. The total number of required off-street parking spaces for an existing or new industrial, commercial, or office development may be reduced by five percent for each of the activities listed below that are provided by the owners or operators in perpetuity, up to a maximum of 10 percent reduction in the total number of motor vehicle spaces required per development.

(e) Two-Wheeled Vehicle Parking. When over 20 spaces are required, a maximum of five percent of the required parking may be two-wheeled vehicle spaces (e.g., motorcycle/moped/scooter). Each two-wheeled vehicle space must be at least four feet wide and eight feet deep. The two-wheeled vehicle spaces shall be clearly designated by a sign posted or be marked on the pavement within the two-wheeled parking area. Two-wheeled spaces shall be grouped together in designated areas and need not be individually striped. Two-wheeled parking shall be closer to the building than 50 percent of the vehicle spaces.

(f) On-Site Solar or Wind Power. For each three kilowatts of capacity in solar panels or wind power that will be provided in a development, a reduction of one off-street parking space is permitted.

(g) Dedicated Car-Share Parking. For each dedicated car-sharing parking space in a development, a reduction of one off-street parking space is permitted.

(h) Electric Vehicle Charging. For every electric vehicle charging station provided in a development, a reduction of one off-street parking space is permitted.

(i) Accessible Residential Units. For every two units in a development that are fully accessible to people with mobility disabilities, a reduction of one off-street parking space is permitted.

(a) Route 10 (November 2022 RVTD route as amended); and

(b) Route 24 (February 2023 RVTD route as amended).

(a) A finding as to why the characteristics of the proposed use/development require a different off-street parking standard than what is otherwise required; and

(b) An analysis providing parking data for the same business or a similar use/development that demonstrates a need for a different off-street parking standard than what is otherwise required. See Section 10.744 for shared parking.

(a) Bicycle and transit-oriented facilities, such as:

(a) Residential development may reduce the concrete standard to a four-inch minimum thickness.

(b) Storage of trailered items and recreational vehicles at single-family residences is exempt.

(a) The conduit system must be, at a minimum, capable of supporting the installation of electrical wiring for the future installation of electric vehicle charging stations rated “Level 2” (40 amp/3.3 – 6.6 kW) or larger.

(b) Any conduit installed for future electric vehicle charging stations must be labeled “For Electric Vehicle Charging Readiness Future EV Charging Stations.” Both ends of the conduit must be labeled for the environment it is located in.

(a) Parking areas exceeding 24 parking spaces shall contain areas of interior landscaping, such as planter islands or planter projections into the parking area, which comply with the planting schedule provided in subsection (9)(f) of this section and Section 10.780, Landscape and Irrigation Requirements, and as approved by the approving authority.

(b) Planters shall be dispersed throughout the parking area and contain, at minimum, the landscaping area square footage specified in the planting schedule of subsection (10)(f) of this section. Square footage of each parking area planter may vary; however, each parking area planter shall meet the soil volume requirements of Section 10.780(7)(i)(ii).

(c) Prior to installing plant materials in parking area planters, the developer shall remove detrimental construction materials and prepare the soil within the planters in accordance with Section 10.780(7)(i). If structural soils are necessary, areas under planned impervious surfaces surrounding planters shall be prepared in accordance with Section 10.780(7)(j)(i).

(d) So as to not obstruct driver vision, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of three feet and eight feet above the top of the curb. The property owner shall maintain shrub and tree growth in planter areas to ensure shrubs are kept lower than three feet and tree canopies are maintained above eight feet.

(e) Trees planted in parking area planters shall have a moderate to broad spreading canopy; and shall be selected from the City of Medford approved street trees list; and shall conform with Section 10.780.

(f) The minimum landscaped area within parking area planters and number of required plants per 24 spaces is as follows:

(a) Developments subject to large parking lot design must provide tree canopy. Developments shall provide either trees along driveways or a minimum of 30 percent tree canopy coverage over new parking areas. Developments are not required to provide trees along drive aisles. The tree spacing and species planted must be designed to maintain a continuous canopy except when interrupted by driveways, drive aisles, and other site design considerations. Developments providing 40 percent tree canopy to comply with the required climate mitigation action below, comply with this subsection.

(b) Developments not required to comply with OAR 330-135-0010 (1.5 Percent for Green Energy Technology in Public Construction Contracts) must provide a climate mitigation action. Climate mitigation actions shall include at least one of the following:

(c) Developments, including multifamily, must provide pedestrian connections that comply with the applicable requirements of Sections 10.772 through 10.776 and must, at a minimum, connect the following throughout the parking area, except where not practical due to site-specific conditions:

(d) Development of a tree canopy plan under this section shall be done in coordination with the local electric utility, including pre-design, design, building and maintenance phases. The submitted site plan shall demonstrate the following, in addition to the requirements of Section 10.780, Landscape Plan and Irrigation Plan Requirements:

(e) In providing trees under subsections (10)(a) and (10)(b) of this section, the following standards shall be met in addition to standards in Section 10.780, Landscape and Irrigation Requirements:

(f) Pedestrian Open Space. In addition to the above, parking areas exceeding three contiguous acres shall incorporate one or more of the following components:

(a) Within public parks, shrub and groundcover within this area may be substituted with non-living ground cover if approved by the approving authority (artificial turf not allowed).

(a) In an SFR or MFR zone, parking lots with more than three spaces that do not back directly into the street may encroach five feet into the front yard setback (a 10-foot setback from the right-of-way must be maintained).

(b) When creating a common driveway with an adjacent parcel.

(c) In an SFR zone, paving may be located within a required side or rear yard.

(d) Paved driveways located in a required front yard, street side yard, or rear yard off an alley may be counted toward the off-street parking requirement for the lot or parcel. The paved area shall meet the dimensional requirements for a parking space and shall not be located within a public right-of-way.

(a) Aisles. Except for single- or two-family dwellings, groups of more than three parking spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter the street in a forward manner. For parking off an alley, the alley can count toward the required 24-foot backup space.

(b) Minimum Clearance. Driveways, aisles, turnaround areas and ramps shall have a minimum vertical clearance of at least 12 feet for their entire length and width but such clearance may be reduced in parking structures.

(a) Accessible parking spaces and signs shall be designed in compliance with the standards set forth by the Oregon Transportation Commission in consultation with the Oregon Disabilities Commission.

(b) No ramp or obstacle may extend into the parking space or the aisle, and curb cuts and ramps may not be situated in such a way that they could be blocked by a legally parked vehicle.

(c) Accessible parking spaces shall be located on the shortest practical accessible route to an accessible building entry. In facilities with multiple accessible building entries with adjacent parking, accessible parking spaces shall be dispersed and located near accessible entries.

(d) Parking spaces required by this section shall be maintained so as to meet the requirements of this section at all times and to meet the standards established by the State Building Code.

(a) Commercial: 10 percent of the number of spaces provided for automobiles or the following number of bicycle parking spaces, whichever is greater:

(b) Industrial: 20 percent of the number of spaces provided for automobiles.

(c) Office: 10 percent of the number of spaces provided for automobiles.

(d) Institutional: 10 percent of the number of spaces provided for automobiles.

(e) Residential, multiple-family: one space per unit (five units or more).

(f) Residential, group living quarters including religious group quarters, adult care facilities, retirement homes, congregate living, and permanent shelters: 0.05 space per unit; four-space minimum, regardless of number of units.

(g) Schools: four spaces per classroom.

(h) Transit centers/park and ride lots: 10 percent of the number of spaces provided for automobiles.

(b) New Sources Located on Previously Unused Site.

(a) Blasting: 98 dBC, slow response, between the hours of 7 am and 10 pm and 93dBC, slow response, between the hours of 10 pm and 7 am.

(b) All Other Impulse Sounds: 100 dB, peak response, between the hours of 7 am and 10 pm and 80 dB, peak response, between the hours of 10 pm and 7 am.

(a) Octave Bands: No person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if such operation generates a median octave band sound pressure level which, as measured at an appropriate measurement point, specified in Section 10.752(6)(b) exceeds applicable levels specified in Table 752-4.

(b) One-third Octave Bands: No person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if such operation generates a median one-third octave band sound pressure level which, as measured at an appropriate measurement point, specified in Section 10.752(6)(b) and in a one-third octave band at a preferred frequency, exceeds the arithmetic average of the median sound pressure levels of the two adjacent one-third octave bands by:

This code shall not apply to audible discrete tones having a one-third octave band sound pressure level 10 dB or more below the allowable sound pressure levels specified in Table 752-4 for the octave band which contains such one-third octave band.

(a) Sound measurement procedures shall conform to those procedures which are adopted by the Environmental Quality Commission and set forth in the Department of Environmental Quality's Sound Measurement Procedures Manual (NPCS-1) or to such other procedures as are approved in writing by the Department.

(b) Unless otherwise specified the appropriate measurement point shall be that point on the noise-sensitive property described below, which is further from the noise source:

(a) Upon written notification from the Department, persons owning or controlling an industrial or commercial noise source shall monitor and record the statistical noise levels and operating times of equipment, facilities, operations, and activities, and shall submit such data to the Planning Department in the form and on the schedule requested by the Planning Department. Procedures for such measurements shall conform to those procedures set forth in the Department of Environmental Quality's Sound Measurement Procedures Manual (NPCS-1).

(b) Nothing in this section shall preclude the Planning Department from conducting separate or additional noise tests and measurements. Therefore, when requested by the Planning Department, the owner or operator of an industrial or commercial noise source shall provide the following:

(a) Emergency equipment not operated on a regular or scheduled basis.

(b) Warning devices not operating continuously for more than 5 minutes.

(c) Sounds created by the tires or motor used to propel any road vehicle complying with the noise standards for road vehicles.

(d) Sounds resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad only to the extent that such equipment or facility is regulated by preemptive federal regulations as set forth in Part 201 of Title 40 of the Code of Federal Regulations promulgated pursuant to Section 17 of the Noise Control Act of 1972, 86 Stat. 1248, Public Law 92-576; but this exemption does not apply to any standard, control license, regulation, or restriction necessitated by special local conditions which is approved by the Administrator of the EPA after consultation with the Secretary of Transportation pursuant to procedures set forth in section 17(c)(2) of the Act.

(e) Sounds created by bells, chimes or carillons.

(f) Sounds not electronically amplified which are created by or generated at sporting, amusement, and entertainment events, except those sounds which are regulated under other noise standards. An event is a noteworthy happening and does not include informal, frequent or ongoing activities such as, but not limited to, those which normally occur at bowling alleys or amusement parks operating in one location for a significant period of time.

(g) Sounds that originate on construction sites in compliance with Section 5.225.

(h) Sounds created in construction or maintenance of capital equipment.

(i) Sounds created by lawn care maintenance and snow removal equipment in compliance with Section 5.225.

(j) Sounds generated by the operation of aircraft and subject to preemptive federal regulation. This exception does not apply to aircraft engine testing, activity conducted at the airport that is not directly related to flight operations, and any other activity not preemptively regulated by the federal government or controlled under OAR 340-35-0045.

(k) Sounds created by the operation of road vehicle auxiliary equipment complying with the noise rules for such equipment as specified in OAR 340-35-0030(1)(e).

(l) Sounds created by agricultural activities.

(a) Unusual and/or infrequent events.

(b) Industrial or commercial facilities previously established in areas of new development of noise-sensitive property.

(c) Those industrial or commercial noise sources whose statistical noise levels at the appropriate measurement point are exceeded by any noise source external to the industrial or commercial noise source in question.

(d) Noise-sensitive property owned or controlled by the person who controls or owns the noise source.

(e) Noise-sensitive property located on land zoned exclusively for industrial or commercial use.

(a) No flickering or flashing lights shall be permitted.

(b) Light sources or luminaires shall not be located within bufferyard areas except on pedestrian walkways.

(a) Metering Equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus five (5) percent. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one (1) year of the date of its use.

(b) Method of Measurement. The meter sensor shall be mounted not more than six (6) inches above ground level in a horizontal position. Readings shall be taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination and property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.

(a) Location of light fixtures

(b) Type of luminaire

(c) Height of luminaire

(d) Maximum illumination

(e) Cut-off angle

(a) Landscaping shall provide a variety of plant sizes, shapes, texture and color while being horticulturally compatible and minimizing irrigation reliance, thus conserving the public water supply.

(b) Landscaping shall be maintained in good health by the property owner in conformance with approved landscaping plans and shall not be reduced in area or number.

(c) Noncompliance with this section or approved plans is a violation of the Medford Land Development Code and is subject to a maximum fine of $250 per day.

(a) The provisions of this section are applicable to all landscaping areas within commercial, industrial, institutional, or multiple-family developments and open space/landscaping tracts within all subdivisions, including single-family residential.

(b) The approving authority may approve landscape plans or irrigation plans not in full compliance with provisions of the Medford Land Development Code Chapter 10, without the need for a separate Exception application, subject to the following:

(a) Bubblers: A range of irrigation devices that are pressure-compensating and dispense water as a trickle down the riser, in a short umbrella, or in a fixed and non-misting short stream.

(b) Certified Irrigation Professional (CIP): A person possessing one of the following credentials: Irrigation Association Certified Irrigation Designer, State of Oregon Registered Landscape Architect, or, State of Oregon Licensed Irrigation Contractor.

(c) Drip Irrigation: Devices that apply water at or below the soil surface. Spray or misting emitters are not drip irrigation devices.

(d) ET (Evapotranspiration): The quantity of water transpired from plants and evaporated from adjacent soil during a specified time, which is an indicator of how much water needs to be replaced to maintain healthy plants.

(e) ETo (Reference Evapotranspiration): The evapotranspiration rate for a standardized cool-season grass crop that is well-watered. The ETo is considered to be the maximum evapotranspiration rate under a given set of parameters, and is used as the basis for comparing water needs of specific plants (see Plant Factor) under the same conditions.

(f) High Water Use Landscape Elements: The wetted surface area of water features, and plants with a plant factor that is 0.70 (70%) or greater of the reference Evapotranspiration (ETo).

(g) Irrigation Zone: The portion of an irrigation system served by a single control valve, typically operated by a unique station on the irrigation controller.

(h) Landscaping Area: Any portion of a site not occupied by buildings or under pervious or impervious surfaces associated with parking lots, drive aisles, utility boxes, trash enclosures, or sidewalks, and any area of a planter strip adjacent to the site within the public right-of-way.

(i) Mature Compost: A stable organic amendment characterized by raw materials (yard trimmings, vegetative food waste, feedstock manures, etc.) that have been sufficiently decomposed under controlled moisture and aeration conditions. Mature Compost is a well-cured product in which viable seed and pathogens have been eliminated through the application of high temperatures. For purposes of this code, mature compost is a product certified by the US Composting Council Seal of Testing Assurance Program.

(j) Mulch: A permeable protective covering of organic material such as bark, pine needles or compost spread over soil and around plants to reduce evaporation, maintain even soil temperature, prevent soil erosion, and prevent weeds.

(k) Open Space/Landscaping Tract: An area reserved on a subdivision final plat dedicated to a property owners’ association or reserved for future public acquisition for the purposes of open space, landscaping, conservation, active or passive recreation, stormwater detention, floodplain protection, etc., and may include ancillary buildings and structures such as play equipment, restrooms, ramadas, and gazebos.

(l) Overhead Sprinklers: Irrigation devices that delivers water through the air (e.g. spray heads, and rotors). A bubbler is not an overhead sprinkler.

(m) Plant factor: The ratio of the evapotranspiration rate for a specific plant compared to the reference evapotranspiration (ETo) under the same conditions. Appropriate water use landscape materials are referenced in the Species Evaluation List -1999, under the Region 2 classification within the publication entitled A Guide to Estimating Irrigation Water Needs of Landscape Plantings in California, a copy of which is on file in the Planning Department.

(n) Parking Area Planters: Landscape planters interior to and dispersed throughout a parking lot intended to create shade and visual relief for expanses of parking.

(o) Structural Soil: An artificially engineered stone/soil mix that meets or exceeds road bearing load requirements for structurally sound pavement design and installation, while supporting tree growth, remaining root penetrable, and encouraging deep root growth away from pavement surfaces.

(p) Tree: A woody perennial plant having one or a few main stems or trunks, and which grows to a height of at least fifteen feet. Non-coniferous trees typically do not develop and/or retain branches on their lower parts.

(q) Tree Caliper: Diameter of the tree trunk at a height of six (6) inches above grade.

(r) Undisturbed Soil: Topsoil that is in good health, has been successfully protected from disturbance, compaction and contamination, and is characterized by a water intake (percolation) rate consistent with the optimal percolation rate typical of its soil classification.

(s) Water Feature: Site elements such as swimming pools, spas, ponds, fountains, artificial streams and other design elements where open water performs an aesthetic or recreational function.

(a) Landscape Plan Review Process.

(b) Irrigation Plan Review Process.

(a) Plan Title Block. The landscape or irrigation plan title block shall include:

(b) Plan Scale. The landscape or irrigation plan shall be drawn at one of the scales below:

(c) Plan Information. The landscape or irrigation plan shall include the following:

(iv) Tree Canopy Plan. Where a landscaping plan includes a large parking lot, per Section 10.746(11), an aerial tree canopy plan shall model the average expected canopy for the tree species at 15 years after planting. The tree canopy plan shall denote the types of surfaces below the canopy. This standard does not require nor shall be replaced by a shade study.

(A) Tree canopy coverage of the following may be counted towards this standard:

1. Impervious surfaces;

2. Landscaping strips; and

3. Unenclosed carports over parking spaces.

(B) Tree canopy coverage of the following shall not be counted towards this standard:

1. Buildings or structures other than unenclosed carports;

2. Developments should not double-count coverage area if there is overlap in canopies greater than five feet.

(d) Landscape Plan Details. The landscape plan shall include the following additional information:

(e) Irrigation Plan Details. The irrigation plan shall include the following additional information:

(a) Other Applicable Code Sections. In addition to meeting the landscaping design requirements of this section, the landscape plan shall also meet landscaping design requirements of the following sections where applicable:

(b) Plant Size Requirements. The following minimum plant sizes shall apply at the time of planting to all landscaping required by this Chapter unless otherwise stated:

(c) Living Groundcover Requirements. All landscaping areas, including right-of-way planter strips adjacent to the site, shall include sufficient shrubs, turf grass, and/or other living groundcover to spread over 85% of each area within eight years.

(d) Non-Living Groundcover Requirements. Landscaping areas not covered with turf grass shall be covered with a minimum of three (3) inches of unsettled mulch. Subject to approval by the approving authority, a limited application of rock or similar non-living groundcover material may be utilized. Bark mulch applied within public right-of-way medians or planter strips shall be of shredded texture. Bark nuggets or chips may not be applied.

(e) High Water Use Landscape Element Limitations.

(f) Turf Grass Limitations.

(g) Slope Limitation in Landscaping Areas. The maximum finished slope for landscaping areas is 33% (3 to 1). Slopes steeper than 33% shall be terraced. This provision is not applicable to landscaping areas intended to remain in their natural vegetated and soil condition.

(h) Irrigated Landscaping Adjacent to Impervious Surfaces. Landscaping areas located adjacent to an impervious surface shall have a finished grade that is one (1) inch lower than the impervious surface where they adjoin.

(i) Soil Quality/Restoration/Preparation.

(j) Tree Requirements. Per Section 10.746(11), Large Parking Lot Design, trees must be planted and maintained to maximize their root health and chances for survival, including having ample high-quality soil, space for root growth, and reliable irrigation according to the needs of the species. Trees should be planted in continuous trenches where possible per the minimum standards of the 2021 American National Standards Institute A300.

(a) Water Needs. Plants in the same irrigation zone shall have similar watering needs unless irrigated by drip irrigation having emitters sized for individual plant water needs.

(b) Overhead Irrigation.

(c) Irrigation Flow.

(d) Irrigation Controllers. Automatic irrigation controllers shall be, at a minimum:

(e) Pressure Regulation. All irrigation zones shall be equipped with pressure reduction valves when needed to meet the manufacturer’s recommended operating pressure for the components of each zone. Where needed, pressure regulation shall be located at the meter or solenoid valve. Use of pressure-regulating sprinklers does not satisfy the requirement for a pressure reduction valve.

(f) Isolation Valves. Isolation valves are required on the mainline:

(g) Swing Joints. Swing joints are required on all sprinkler head risers.

(a) Landscaping and Irrigation Installation Certification. Upon installation of landscaping and irrigation improvements, the State of Oregon Registered Landscape Architect or the State of Oregon Licensed Landscape Contractor, responsible for the installation of the landscaping and/or irrigation shall certify that such improvements were installed in accordance with approved plans and specifications by preparing, signing and submitting a Landscaping and Irrigation Certification form provided by the City.

(b) Deferred Landscaping and Improvement Agreement.

(a) To determine the type of bufferyard required between two adjacent lots, the following procedure shall be followed:

(b) Responsibility for bufferyard installation. In the case of two abutting vacant lots, the first lot to develop shall provide the buffer required by Subsection 4, Tables of Bufferyard Standards. The second use to develop shall, at the time it develops, provide all additional material/land necessary to provide the total bufferyard required of Subsection 4, Tables of Bufferyard Standards.

(a) This Subsection provides the width of the bufferyard, type of wall required, and the required planting scheme to provide effective screening between adjacent properties having dissimilar land use. For an administratively approved bufferyard, the Standard Planting Scheme as required by 10.790(5)(a)(i) shall be used unless the applicant wishes to submit a Site Plan and Architectural Review application to have the approving authority consider modifying the requirement.

(b) The wall shall typically be placed on the property line between the two uses; however, the approving authority may authorize its location anywhere within the bufferyard. Walls shall be constructed of a material and design that is sight-obstructing, compatible with adjacent uses, and accepted by the approving authority.

(c) Any part of the bufferyard may be located on the adjoining property provided it is planted with a proportionate share of the required plants and, for any part located outside of the standard setback, a perpetual bufferyard easement is recorded by the property owner. The easement shall allow for the installation and perpetual maintenance of the bufferyard and restrict use of the area to only the bufferyard.

(d) Encroachments into bufferyards: The bufferyard is intended to provide a minimum amount of space for the required plants to grow and for aesthetic separation between uses. Therefore, this area shall be reserved exclusively for such use. Encroachment of driveways, parking and maneuvering areas, sidewalks, patios, or structures (other than the required fence or wall) are prohibited in the bufferyard area.

(e) Bufferyard credits: Existing plant materials within the bufferyard area may be counted toward the bufferyard requirement.

(f) Adjustments to bufferyards: The approving authority shall have the discretion to make adjustments to the bufferyard requirements if an unusual circumstance exists and a finding is made that adequate buffering will be provided to avoid significant adverse impacts to the livability or value of the adjoining properties. Adjustments shall not be made simply for the convenience of site design. Adjustments to the bufferyard requirements may include, but are not limited to, the following:

(a) For land divisions with houses that do not face an arterial street, an arterial street frontage landscape plan shall be submitted showing a vertical separation feature that is a minimum of eight feet in height. The separation feature shall create a solid visual screen. A fence or wall shall be engineered to stand straight. The separation feature shall be reduced in height where otherwise required in a front or side yard or clear vision triangle. The Planning Commission may allow adjustments to the above requirement in response to topography.

(b) For all other street frontages the number of plants required for distances above or below 100 feet shall be prorated with the resulting numbers of plants rounded so that one-half or more shall be deemed to require a full plant. All required planting shall be located in the required yard area adjacent to the street, or within the planter strip, or a combination of both.

(c) Existing plant materials which meet the requirements of this code may be counted as contributing to the total landscaping required by this section. Interstate 5 and other highway frontages shall be treated the same as City street frontage.

(d) The following table specifies the type and number of plants required by this section.

Frontage landscaping shall not be required for areas in public parks that do not have buildings within 20 feet from the adjacent right-of-way unless the approving authority determines it is necessary to buffer specific park activities.

(a) Electric vehicle charging parking spaces are reserved for charging electric vehicles only. Any vehicle not charging is subject to a fine or removal.

(b) Electric vehicle charging parking spaces are subject to any noticed parking restrictions.

(a) Signage shall state that the parking space is reserved for charging electric vehicles and that if a vehicle is parked and not actively charging it may be subject to fine or removal.

(b) Each electric vehicle charging station will notice the following:

(c) Electric vehicle charging stations shall contain a retractable or wrapping cord storage mechanism to protect from damage and maintain clear access for vehicles and pedestrians.

(d) Electric vehicle charging stations may be surrounded by a protective barrier, like a curb stop or bollard, to protect equipment and maintain clear access aisles.

(e) Vegetation shall be maintained a minimum of two feet away from charging stations, and any trees shall be pruned to maintain a minimum distance of eight feet from any electric vehicle charging station.

(a) Where a driveway or garage is available, electric vehicles shall not park in the right-of-way for charging purposes.

(b) Where a charging or extension cord crosses a pedestrian pathway or sidewalk, a rubber cord cover must be used to mitigate the tripping hazard.

(c) Charging equipment and any associated cords shall remain free of vegetation, standing water, and other hazards.

(a) Signage. Universal electric vehicle charging wayfinding directional signage from the Manual on Uniform Traffic Control Devices (MUTCD) shall be installed to guide motorists from major routes and corridors to electric vehicle charging facilities.

(b) Lighting. Facilities shall provide lighting in compliance with Section 10.495(1)(b), Illuminance.

(c) Heat Management Plan. To mitigate the effects of extreme heat on battery charge times and overall electric performance and efficiency, a heat management plan shall feature at least one of the following elements:

(d) Amenities. Where an electric vehicle charging facility is more than one-quarter mile from Downtown Medford, the following amenities shall be provided either directly on site, or adjacent to the site through a contractual agreement:

(a) Minimize the impacts of urban development on agricultural production activities.

(b) Minimize the potential for complaints about agricultural practices and activities.

(c) Ensure the continued use of agricultural land for agricultural uses.

(d) Minimize potential conflict by developing a well-defined boundary between agricultural and urban uses. The best boundary will be one that minimizes conflict in both directions.

(a) Agricultural land uses. The use of land for the cultivation and husbandry of plant and animal products, including agricultural activities permitted on land zoned Exclusive Farm Use (EFU).

(b) Classification, Agricultural

(c) Mitigation area. A management zone of varying size, shape, and characteristics between the two land uses that utilizes combinations of mitigation elements to buffer between agricultural land and urban land uses.

(d) Mitigation element. A physical or legal feature within a mitigation area that mitigates an adverse impact. A mitigation element may consist of vegetation, transportation and utility corridors, natural barriers, deed restrictions, or other natural or man-made features.

(e) Spray drift. Airborne movement of agricultural chemicals onto a non-target area.

(f) Urban Receptor, Sensitivity of:

(a) Spray Drift. Principally, spray drift is caused by agricultural chemical use, but may be caused by urban use of agrochemicals. Separation between urban and agricultural uses is the preferred tool to mitigate the impact of the spray drift, employing either large setbacks or a combination of smaller setbacks and a tree buffer.

(b) Trespass and Vandalism. Trespass and vandalism are often considered by farmers to be the most serious adverse potential impact to agricultural operations in proximity to urban areas. Climb-resistant, trespass-inhibiting fences and/or hedges in the mitigation area are the means of reducing these impacts.

(c) Odor. Odor is one of the less important agriculture-related adverse impacts. Unless there are site-specific reasons why mitigation of odor is critical (such as the presence of a livestock feed lot), issues with odor are sufficiently addressed by requiring that owners of new urban development within 1,000 feet of the applicable agricultural land receive notice through an explicitly worded deed declaration of the potential adverse impacts to which they will likely be exposed.

(d) Dust, Smoke, and Ash. Like odor, this grouping potential adverse impacts is one of the least important agriculture-related issues in the region, and, like odor, can be addressed by requiring a deed declaration.

(e) Run-off. Stormwater and irrigation run-off arise from both urban and agricultural uses, and can adversely impact agricultural operations as well as urban health and livability. Impacts may be avoided or significantly reduced by employing erosion-prevention and erosion-control measures.

(f) Noise. Noise is an impact arising from agricultural operations. This section contains no noise mitigation requirements, but applicants are encouraged to consider community design and construction practices that provide some level of noise mitigation. Recommended methods may be found in Appendix III of the Greater Bear Creek Valley Regional Plan.

(a) The provisions in this section apply to the development permit applications listed below where proposed urban development abuts land zoned EFU at the outer edge of the urban growth boundary and was part of the urban reserve established in the regional plan element. Refer to regional plan element of the Comprehensive Plan for a map of the urban reserve.

(b) A preapplication conference is required for all applications subject to the provisions of this section unless previously identified as part of an approved urbanization plan.

(c) Different degrees of mitigation are required of the applicant based on the following factors: the sensitivity of the proposed urban use to agricultural impacts; the impact being buffered; the intensity of uses on the adjacent EFU land; and whether the mitigation area is to be mid- or long-term.

(d) Mitigation elements established under this section shall not be removed or reduced unless the applicable adjacent EFU land changes to a non-agricultural zoning district.

(a) Map showing the zoning of land adjacent and within two hundred (200) feet of the property proposed for urban development.

(b) A description of the type and nature of agricultural uses and farming practices, if any, which presently occur on adjacent lands zoned EFU and sources of such information. The information thus required, if applicable, shall include:

(c) Detailed information obtained from the U.S. Natural Resources Conservation Service (NRCS) concerning soils which occur on the applicable adjacent lands zoned EFU, and whether the land has access to water for irrigation.

(d) Wind pattern information.

(e) A mitigation plan which includes a description of the measures proposed to comply with the requirements of this Section, a detailed landscaping and irrigation plan for the mitigation area, and a copy of the proposed deed declarations, maintenance covenants, and property owners’ association covenants, conditions and restrictions (CC&Rs).

(f) The persons who prepared said report and all persons, agencies, and organizations contacted during preparation of the report.

(g) All statements shall be documented, sources given as reference, and any other detailed information needed to substantiate conclusions should be provided in the AIAR appendices.

(h) If the applicant is requesting a deviation from the standards of this Section, the Agricultural Impact Assessment Report shall not be deemed to be complete unless accompanied by the Conflict Assessment and Mitigation Study described in Subsection 15 and the recommendation of Jackson County’s Agricultural Buffering Committee, or a letter from Jackson County indicating that no such recommendation is forthcoming.

(a) Using the definitions of the urban and agricultural classifications herein and the evidence of the AIAR, the approving authority shall determine:

(b) The approving authority shall approve, approve with conditions, or deny the application based on the AIAR and its proposals and conclusions.

(a) All mitigation elements will be sited on urban land unless arrangements have been made with the adjacent agricultural land owner to site some or all elements on agricultural land.

(b) When development results in the creation of new lots, all mitigation areas shall be located in a separate tract or tracts under common ownership, not divided among separate lots.

(c) Mitigation for Intensive Agriculture. To minimize or mitigate the potential adverse impacts associated with the proximity of urban and agricultural land uses, the following measures shall be required when the proposed urban development is adjacent to land which is in intensive agricultural use:

(d) Mitigation for Passive Agriculture. To minimize or mitigate the potential adverse impacts associated with the proximity of urban and agricultural land uses, the following measures shall be required when urban development is proposed adjacent to land in passive agricultural use:

(e) Existing elements that are consistent with the purpose of the buffer may be incorporated in the mitigation design, as described following:

(a) Figure 10.082-1 illustrates the tree buffer/setback combination options.

(b) Figure 10.802-1 does not depict screening shrubs; however, that element is required when a tree buffer is used and the tree species in the first row on the agricultural side will not provide sufficient foliage cover to ground level.

(c) Key to abbreviations used in the Figure:

(d) The letter pairs “I/H”, “I/L”, “P/H”, and “P/L” indicate the types of agricultural/urban adjacencies that determine the extent and make-up of the tree buffer and setback elements. The options shown under each adjacency type may be used at the discretion of the applicant.

(e) Where there is a mix of urban uses, the buffer design shall protect the most sensitive use among them.

(a) Three-Row Buffer (as required for I/H, option 1). Depending on the species used, the minimum allowable tree buffer width is 50 feet; the maximum required is 100 feet. The buffer shall be composed of at least two different conifer species.

(b) Two-Row Buffer (as required for I/L, option 1, and P/H, option 1). Depending on the species used, the minimum allowable tree buffer width is approximately 40 feet; the maximum required is approximately 65 feet. The buffer shall be composed of at least two different conifer species.

(c) Row Spacing and Offset. The purpose of the row-by-row offset is to mitigate the effect of individual tree mortality and to compensate for the individual differences between trees.

(d) Tree Spacing within Rows. Tree spacing within a row is based on the greatest foliar diameter of a given tree species when it reaches a height of 30 feet. Coniferous trees vary from narrow pyramidal forms (e.g., Atlas cedar) to broad pyramidal forms (e.g., Norway spruce), so the following table contains calculation methods for each.

D = Typical foliar diameter of a tree species when 30 feet tall. The diameter is measured at the widest extent of a pyramidal conifer.

S_T = Tree spacing within rows; calculated as a multiple of tree diameter.

Note: When planting more than two species in a row, use the two species with the widest diameters to calculate spacing.

(e) Minimum Tree Height at Planting: 5–6 feet, balled and burlapped.

(f) Permitted Tree Species.

(a) Screening shrubs are used only in conjunction with tree buffers.

(b) If the first row of trees on the agricultural side of the tree buffer does not have foliage down to ground level, install screening shrubs is to provide sufficient foliage cover to close the gap. If the first row of trees on the agricultural side of the buffer provides foliage down to ground level, then screening shrubs are not required.

(c) The mature height of the shrubs shall be 125 percent of the anticipated ground-to-foliage bare space of the average mature specimen of tree species.

(d) Permitted Screening Shrubs.

(a) Hedges and fences may be used separately or in combination to inhibit trespass onto agricultural land.

(b) Hedge Standards

(c) Fence Standards

(a) Mid-term mitigation area

(b) Irrigation. The establishment of an irrigation system is mandatory for vegetative buffers. Must be designed by a licensed professional, and be site and species specific, as appropriate. The operation and maintenance of the irrigation system must be part of the buffer’s overall maintenance plan contained in the maintenance covenant.

(c) Road Placement. It is always preferable to not bisect buffers with roads due to the wind-funneling effect they create. If a road is unavoidable, it should be as narrow as possible, not straight, and should not be oriented to the prevailing wind. It should be noted that even a road with an acceptable orientation and design will permit some degree of increased spray drift to pass through the buffer area, and will also pose a greater risk of trespass.

(a) A proposed mitigation area design that deviates from the provisions of this Section may be approved by the approving authority per the process in this Subsection.

(b) In order to propose a mitigation area design that deviates from the minimum standards in this Section, the applicant is responsible for the preparation of a Conflict Assessment and Mitigation Study (CAMS) and submittal of the CAMS for evaluation by an Agricultural Buffering Committee appointed by the Jackson County Board of Commissioners. The Committee may make a recommendation to the City’s approving authority regarding the acceptability of the deviation.

(c) Conflict Assessment and Mitigation Study (CAMS).

(d) The approving authority may accept the recommendation of the Agricultural Buffering Committee in whole or in part and make findings for its acceptance, partial acceptance, or rejection.

(e) Any approval of a deviation does not create a precedent for any subsequent requests for deviations from the standards of this Section.

(a) Strict compliance with the standard is not possible because of terrain or other physical conditions beyond the control of the applicant; or,

(b) Direct, convenient and safe access to transit is otherwise adequately provided for by other measures.

(1) All retail fuel pumps shall be located a minimum of 100 feet from the property line of any residential use or residentially zoned property.

(2) The dispensing area shall be covered with a permanent canopy or roof. To reduce the visual impact of the canopy structure and corresponding lighting, the maximum clearance height of the canopy (measured from ground level to the underside of the canopy) shall be 17 feet with a maximum canopy fascia width of 30 inches.

(1) Type B bufferyard outlined in Section 10.790.

(2) Require a bond or other form of security to ensure the establishment and replacement of vegetation for a specified time frame after certificate of occupancy of the final building on site.

(3) Prohibit accessory uses that may be incompatible with surrounding residential uses.

(4) Limit the number of car-oriented businesses on the property.

(1) Perimeter canopy lighting and illuminated canopy signage.

(2) Pole signage.

(3) Vertical propane storage tanks.

(a) Riding Academies and Public Stables. All riding academies and public stables shall adhere to the following:

(b) Kennels and Canine Daycares. All kennels and canine daycares (indoor and outdoor) shall adhere to the following:

(c) Indoor canine daycares shall be located entirely within an enclosed building and adhere to the following:

(d) A kennel or outdoor canine daycare may petition to reduce the setback requirement via the conditional use permit process in Section 10.184, but in no case shall the setback be reduced to less than 50 feet. Among the conditions allowed under Section 10.184(3)(b), the approving authority should particularly consider the manner and hours of operation, mitigation of noise and odor, and fencing.

(a) Stables, corrals, pastures, exercise areas, feed, and bedding shall be located fifty (50) feet from any property line or street and one hundred (100) feet from any adjacent residence or swimming pool, in order to minimize odor and nuisance problems.

(b) Manure shall not be stored or accumulated on land that is within one hundred (100) feet of a property line.

(c) Corrals, exercise areas, and manure piles are prohibited in areas with slopes greater than ten (10) percent.

(a) Registration with the Medford Planning Department is required in order to keep beehives within the city limits.

(b) Number of Hives Permitted.

(c) A beekeeper who owns five or more hives is required by the State to register them with the Oregon Department of Agriculture.

(d) Bees shall be kept in hives with removable frames or combs, which shall be kept in sound and usable condition.

(e) For each colony permitted to be maintained under this ordinance, one temporary nucleus colony in a hive structure not to exceed one standard 9-5/8-inch-depth, ten-frame hive body may also be maintained on the same property.

(f) Hives shall not be placed within a required front, side, rear, street side, or buffer yard.

(g) When a beehive is located less than 20 feet from a property line, a flyway barrier at least six feet in height shall be maintained parallel to the property line for a minimum of five feet in either direction of the hive. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the colony.

(h) A constant supply of fresh water shall be provided for the colonies on site within 15 feet of each hive.

(i) Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.

(j) If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily hive the swarm on their property for up to 30 days from the date acquired, at which time the hive limit requirements of Section (3)(b) apply once more.

(k) Products generated on site by bees, such as honey, shall be permitted to be sold on the property per applicable business license and/or home occupation regulations; however, no outdoor sales are permitted.

(l) A beekeeper shall not locate or maintain a hive on property owned by another person without first obtaining written permission from the property owner or person lawfully in possession of the property.

(m) A beekeeper shall immediately replace the queen in a hive that exhibits aggressive characteristics, including stinging or attempting to sting without provocation.

(n) Only docile common honey bees shall be permitted. African honey bees or any hybrid thereof are prohibited.

(o) A person may not keep a hive that causes a threat to human or animal health, or interferes with normal use and enjoyment of public or private property.

(p) Violation of Section 10.813(3) constitutes a violation. Every day in which the violation exists constitutes a separate violation.

(q) A violation of Section 10.813(3) is declared to be a public nuisance, and may be abated in the manner provided for in Section 5.520 of the Medford Code.

(a) A minimum twenty (20) foot setback to the paved parking and maneuvering area for the spaces shall be provided along all lot lines, including the front lot line, and sufficiently landscaped so as to avoid adverse impacts on adjacent properties.

(b) Each of the spaces may be provided full hookups for power, water, and sanitary sewer.

(a) All buildings shall be set back a minimum of thirty (30) feet from the side and rear property lines. All setbacks shall be landscaped as required to buffer adjacent properties.

(b) Located on a standard residential street, collector or arterial street.

(a) Lot Size and Dimensions. Cottage clusters shall have a minimum lot size of 7,000 square feet.

(b) Pad Lot Development. Pursuant to the provisions of Section 10.703, the lot may be subdivided for the creation of individual cottage unit lots within the common area.

(c) Density. There is no maximum density.

(d) Maximum Lot Coverage Factor. There are no lot or parcel coverage standards for cottage cluster developments.

(e) Number of Units. A cottage cluster development shall contain a minimum of four cottages.

(f) Cottage Unit Size. Cottage units shall not exceed a maximum building footprint of 900 square feet per dwelling unit and an overall maximum floor area of 1,200 square feet.

(g) Building Height. The maximum building height is 25 feet. Building height shall be calculated pursuant to Section 10.705.

(h) Minimum Setbacks. Building setbacks for a cottage cluster development are measured from the exterior property lines of the parent parcel. Cottage units and common buildings shall be set back a minimum of 10 feet from the front property line, and a minimum of five feet from side and rear property lines. Detached garage or carport structures shall be set back a minimum of four feet from side and rear property lines.

(i) Building Separation. Cottage units shall be separated by a minimum of six feet between eaves. Structures other than cottages shall meet minimum building code separation requirements.

(j) Parking. All parking for a cottage cluster development shall be located on-site and shall meet the following minimum standards:

(k) Required Common Open Space. Common open space is intended to be a shared amenity amongst all residents of a cottage cluster development. Common open space shall be provided as follows:

(l) Private Open Space. The provision of private open space adjacent to each cottage is encouraged, but not required.

(m) Common Buildings. Common buildings are intended as a shared amenity for the use of the cottage cluster development residents and to help promote a sense of community. They may include multi-purpose entertainment space, a small kitchen, library, guest suite, or other similar amenities. Community buildings shall not exceed 1,200 square feet of total floor area.

(n) Accessory Buildings. Accessory buildings for common usage (e.g., garden/tool sheds) are permitted in the common open space area(s) if clearly incidental in size and use. Other types of accessory buildings, except for garages and carports, are prohibited.

(o) Existing Dwellings. An existing single-family dwelling located on a cottage cluster development site may be incorporated into the development as a residence or community building, and may be nonconforming to standards; however, nonconformities may not be increased.

(p) Pedestrian Pathways. Pedestrian pathways shall connect all cottage units to a public street, shared amenities (e.g. common open space, community buildings), and parking areas.

(q) Fencing. Fence height is limited to 3 feet on interior areas adjacent to common open space(s). Fencing in front and side yards that abut a public street, and fencing on the perimeter of a cottage cluster development shall be subject to the standards of Sections 10.731-10.733.

(r) Utilities. Utilities shall be installed in accordance with the following:

(s) Ownership. Ownership may be held as a common lot, fees simple lots with a homeowner’s association holding common areas, or condominium ownership of the whole development.

(t) Covenants, Conditions and Restrictions. Subsequent to final plat approval, but prior to issuance of a building permit for any structure in a Cottage Cluster Development where the cottage units are to be held in fee simple ownership, a set of covenants, conditions and restrictions (CC&Rs) for the Cottage Cluster Development shall be reviewed and, if approved by the City, recorded with the County. The CC&Rs shall create an association of owners responsible for the permanent maintenance of all common areas. Although property owners are responsible for maintaining their properties and the associated common areas, the CC&Rs shall also authorize the City to enforce their provisions, and provide for lien rights and reimbursement to the City for any costs incurred thereby, including City liens against residences for actions the City must take to maintain the common areas.

(a) The proposed development is consistent with the overall purpose and intent of Section 10.818A(1); and

(b) The requested adjustment will allow the project to achieve an equivalent or higher quality design than would otherwise result through strict adherence to the standards. Factors that may be considered include, but are not limited to, such things as: enhanced architectural details, and enhanced common or private open spaces that contribute positively to the site, streetscape, or adjoining properties.

(a) Access Point: The main point of entry and exit for a shelter where users, visitors, and other persons must sign in and out to maintain security within a shelter.

(b) Client(s): Person or persons who receive services from an operator of a shelter which shall include overnight sleeping, and may include other related services.

(c) Operator: The organization in charge of daily operations of a shelter. The operator shall be a civic, non-profit, public, religious, membership based, or otherwise competent organization and shall be the applicant for the applicable land use review of a shelter.

(d) Operational Period: An operator’s established days of operations.

(e) Operations Plan: The guiding document for an operator to use in determining the standards clients must adhere to in a shelter.

(f) User(s): See 10.819A(2)(b) client(s).

(a) Land Use Applicability and Site Standards: