10.110 Designation and Duties of Approving Authorities

(A) Approving Authorities.  This article designates the authority to act on land use reviews as follows:

1. The City Council

2. The Planning Commission

3. The Site Plan and Architectural Commission

4. The Landmarks and Historic Preservation Commission

5. The Planning Director

(B) Duties of the Approving Authorities. Under the provisions in Section 10.110, there is hereby designated to the approving authorities the power to:

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

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

(C)  City Council Authority.  The City Council is hereby designated as the approving authority for all the following land use reviews:

Land Use Review
Annexation
Appeals (See Section 10.140)
Comprehensive Plan Amendment (Major or Minor)
General Land Use Plan Map Amendment (Major or Minor)
Land Development Code Amendment
Transportation Facility Development
Urban Growth Boundary Amendment (Major or Minor)
Urbanization Plan
Vacation of Public Right-of-Way
Zoning Map Amendment (Major)

(D)  Planning Commission Authority.

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

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

Land Use Review
Appeals (See Section 10.140)
Conditional Use Permit
Exception
Park Development Review
Preliminary Planned Unit Development (PUD) Plan
Subdivision Tentative Plat
Zone Change (Minor)

(E)  Planning Commission, Other Duties
It shall further be the responsibility of the Planning Commission to:

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

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

(a) Analyze the extent to which development has occurred in the city as compared to the projected growth per the Comprehensive Plan.

(b)  Recommend any changes in the mapping of zoning districts as determined necessary to accommodate the expected 20-year growth as determined by the Comprehensive Plan.

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

(F) Planning Commission, Membership.

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

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

(3)  Position Appointments.

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

(a)  No more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members.

(b)  No more than two voting members of the commission may engage principally in the buying, selling, or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that engages principally in the buying, selling or developing of real estate for profit.

(c) No more than two members shall be engaged in the same kind of occupation, business, trade or profession.

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

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

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

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

(G) Planning Commission Meeting Procedures.
Except as otherwise provided by law or this Code, the Planning Commission shall conduct its meetings in accordance with Robertís Rules of Order, Newly Revised, unless other rules are adopted by the Commission.

(H) Site Plan and Architectural Commission Authority.
The Site Plan and Architectural Commission is hereby designated as the approving authority for the following land use reviews:

Land Use Review
Exception
Major Modification of Site Plan and Architectural Commission Review Approval
Site Plan and Architectural Commission Review

(I) Site Plan and Architectural Commission, Other Duties. The Site Plan and Architectural Commission shall have the power to adopt design guidelines.  Such guidelines may be general or specific in nature and shall be in the form of suggested approaches intended to aid applicants in preparation, presentation and implementation of development proposals in compliance with the City of Medford Comprehensive Plan and implementing ordinances.  Guidelines shall be advisory and shall not limit applicants to a single approach.    

(J)       Site Plan and Architectural Commission, Membership.

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

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

(3)  Position Appointments.

(a) One member shall be a Planning Commissioner nominated by the Planning Commission chairperson. 

(b)  One member shall be a licensed architect.

(c)  One member shall be a licensed professional engineer.

(d)  One member shall be a licensed landscaping professional.

(e)  One member shall be a licensed contractor. 

When selecting persons to fill the remaining four positions, preference should be given to applicants who have training or experience closely related to the licensed positions.  At the Mayor and City Councilís discretion, an appointment to any of the four professional/licensed positions may be an individual who, in lieu of having a valid license in the profession, possesses a comparable combination of skill, education, training and experience related to the respective professional licensing category.

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

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

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

(7)  Quorum. A quorum of the Site Plan and Architectural Commission shall consist of five or more members a majority of the current membership of the Commission.

(K)  Procedure of the Site Plan and Architectural Commission Meeting Procedures. Except as otherwise provided by law or this Code, the Site Plan and Architectural Commission shall conduct its meetings in accordance with Robertís Rules of Order, Newly Revised, unless other rules are adopted by the Commission.

(L)  The Landmarks and Historic Preservation Commission Authority.  The Landmarks and Historic Preservation Commission is hereby designated as the approving authority for the following land use reviews: 

Land Use Review
Appeals (See Section 10.140)
Exceptions
Historic Review

(M)  The Landmarks and Historic Preservation Commission, Other Duties

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

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

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

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

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

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

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

(N)      Historic Review.
For the purposes of this section, the definitions, rules, and procedures of Sections 10.401 through 10.408 shall apply.  Historic Review shall include:

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

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

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

(O) Landmarks and Historic Preservation Commission, Membership.

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

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

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

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

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

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

(P)  Landmarks and Historic Preservation Commission, Meeting Procedures.

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

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

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

(Q)      Planning Director Authority. The Planning Director is hereby designated as the approving authority for Type I and II land use reviews as well as issuance of the Development Permit. This includes the following land use reviews:

Land Use Review
De Minimis Revision(s) to Approved PUD Plan
Final PUD Plan
Final Plat, Partition/Subdivision
Major Modifications to Site Plan and Architectural Review
Minor Historic Review
Minor Modification to Conditional Use Permit
Minor Modification to a Park Development Review
Minor Modification to Site Plan and Architectural Review
Nonconformities
Pre-Application
Property Line Adjustment
Riparian Corridor Reduction or Deviation
Sign Permit
Tentative Plat, Partition
Wireless Communication Facilities in Public Right-of-Way

(R)  Planning Director, Other Duties. The Planning Director shall also be responsible for the administration and enforcement of this chapter
 

[Amd. Sec. 1, Ord. No. 6265, Dec. 15, 1988; Amd. Sec. 2, Ord. No. 2008-236, Nov. 20, 2008; Amd. Sec. 14, Ord. No. 2018-64, June 21, 2018, (effective July 23, 2018); Amd. Sec. 2, Ord. No. 2018-86, July 19, 2018; Amd. Sec. 2, Ord. No. 2018-106, Sept. 6, 2018; Amd. Sec. 4, Ord. No. 2018-130, Nov. 15, 2018; Amd. Sec. 2, Ord. No. 2019-77, Aug. 1, 2019; Amd. Sec. 3, Ord. No. 2020-23, Feb. 20, 2020.]