10.173 Middle Housing Land Divisions.
(1) Purpose and Applicability. The purpose of this section is to remove barriers to land divisions for “middle” housing types, diversifying housing stock in the City of Medford and increasing opportunities for affordable homeownership. Qualifying middle housing projects shall be submitted on or after June 30, 2022, and meet the standards set forth in Ordinance 2022-60. All land divisions for middle housing are an expedited land review and subject to a Type II review. A middle housing land division includes both a tentative approval and a final plat and is not a land use decision or a limited land use decision under ORS 197.015.
(2) Submittal Requirements. An application for a middle housing land division shall include the following:
(a) Application for Middle Housing Land Division Tentative Plat. See Section 10.202(2).
(b) Form of Tentative Plat and Accompanying Data. See Section 10.202(3).
(c) Building Proposal. A proposal shall submit building plans and site plan for the development of middle housing in compliance with the building code for review.
(d) Approval Criteria. The tentative plan of a middle housing land division shall be approved if all of the following criteria are met, and the existing lot or parcel to be subdivided complies with local land use regulations, including standards such as lot area, lot width and depth, and lot frontage:
(i) The middle housing land division is for proposed middle housing development created after June 30, 2022; and
(ii) The existing or proposed middle housing development complies or is shown to comply with the Oregon Residential Specialty Code, applicable provisions of the Building Code including provisions to new property lines; and
(iii) Separate utilities are provided for each dwelling unit; and
(iv) All access and utility easements necessary to serve each dwelling unit are provided on the tentative plat for:
(A) Locating, accessing, replacing, and servicing all utilities;
(B) Pedestrian access from each dwelling unit to a private or public road;
(C) Any common use areas or shared building elements;
(D) Any dedicated driveways or parking; and
(E) Any dedicated common area; and
(v) A land division for middle housing shall result in exactly one middle housing dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas; and
(vi) Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building code provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code; and
(vii) Townhouse lots created shall have a minimum of 20 feet of frontage on a public or private street.
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Middle Housing Typologies |
Allowed Number of Parcels Created With Middle Housing Land Divisions: |
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Duplex |
Up to 4 new lots |
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Triplex |
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Quadplex |
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Townhouse |
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Cottage Cluster |
Up to 8 new lots |
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Note: New lots created through middle housing land divisions still need to meet setbacks and comply with applicable land use and building codes. |
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(e) Conditions of Approval. The conditions of approval for a middle housing development are limited to the following:
(i) Prohibit further division of the resulting parcels or lots through a deed restriction;
(ii) Require a notation on the final plat referencing approval of the land division was granted under middle housing land division provisions;
(iii) Prohibit the construction of an accessory dwelling unit on any of the resulting lots;
(iv) Require dedication of right-of-way when an existing street abutting the property does not conform to the public improvements standards in Article IV of this chapter, unless the parcel being divided through a middle housing land division has previously provided a right-of-way dedication;
(v) Street frontage improvements where a resulting lot or parcel abuts the street.
(f) Additional Provisions.
(i) An application for a middle housing land division may be submitted at the same time as the submission of an application for review of building permits for middle housing, though no building permits shall be issued before the final plat is recorded.
(ii) The tentative approval of a middle housing land division is void if a subdivision or partition final plat is not recorded within three years of the tentative approval.
(iii) The division of lots for middle housing are expressly allowed in a planned community; or the lot may be divided under ORS 94.776.
(g) Final plat process.
(i) The final plat shall comply with the middle housing land division conditions of approval and follow the applicable provisions in Section 10.162.