HomeMy WebLinkAboutOrdinance 5867 12/01/1997
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ORDINANCE NO. 5867 (EMERGENCY)
AN ORDINANCE ELIMINATING PERMITTING REQUIREMENTS FOR HOME
OCCUPATIONS; REPLACING THE HEARINGS OFFICIAL WITH THE SPRINGFIELD
PLANNING COMMISSION FOR CERTAIN LAND USE HEARINGS IN THE URBAN
TRANSITION AREA; AND REDUCING THE RADIUS OF MAILED NOTICE OF LAND
USE APPLICATIONS FROM 300 FEET TO 100 FEET BY AMENDING THE SPRINGFIELD
DEVELOPMENT CODE ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE
DECISIONS PROCEDURES; ARTICLE 4 INTERPRETATIONS; ARTICLE 10
DISCRETIONARY USES ARTICLE 12 ZONING DISTRICT AND OVERLAY DISTRICT
CHANGES; ARTICLE 14 PUBLIC HEARINGS; ARTICLE 15 APPEALS; ARTICLE 16
RESIDENTIAL ZONING DISTRICTS; ARTICLE 29 UP-I0 URBANIZABLE FRINGE
OVERLAY DISTRICT; ARTICLE 30 HISTORIC OVERLAY DISTRICT; ARTICLE 32
PUBLIC AND PRIVATE IMPROVEMENTS; ARTICLE 36 MANUFACTURED DWELLING
STANDARDS; AND ARTICLE 37 MASTER PLANS, AND DECLARING AN
EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
1. The Springfield Development Code (SDC) was adopted by the Springfield City Council
on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance.
2. On November 4, 1997, the Springfield Planning Commission held a public hearing on
this SDC amendment request (Jo. No. 97-10-226). The Springfield Planning Commission voted 7
in favor, 0 opposed, to recommend approval of these amendments to the City Council.
3. Findings in support of these amendments to the SDC are set forth in the Staff Report
and the Recommendation to Council, Jo. No. 97-10-226, incorporated herein by reference.
4. Based on the above record findings, the City Council concludes that the SDC
amendments are consistent with the criteria of approval as set forth in the Staff Report and
Recommendation to the Council, Jo. No. 97-10-226, incorporated herein by reference.
Now therefore, based on the above findings,
THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: Section 3.080 is hereby amended by the addition of the following language and
the deletion of language designated as described below:
(2) The following applications shall also be reviewed under Type II Procedure:
DELETED> (a) Home Occupations.
(4) The Director shall provide notice of the submittal ofa Type II application by mail to
the property owners and occupants within 100 feet of the property being reviewed and
to the appropriate neighborhood association, if any. There will be a 14 day period,
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Ordinance 5867
beginning from the date of the notice, for those notified to provide written comments to
the Director.
Section 2: Section 3.100 is hereby amended by the addition of the following language as
described below:
(2) The purpose of the Type IV procedure is to provide for:
(b) The review of appeals of Type III decisions made by the Planning
Commission. Appeals of Type III decisions made by the Hearings Official are
filed with the Oregon Court of Appeals.
Section 3: Section 4.010 is hereby amended by the addition of the following language as
described below:
(1) For the purpose of Formal Interpretation as prescribed in 3.0900) of this Code, the
Planning Commission shall have the authority and responsibility to interpret all terms,
provisions and requirements of this Code. Appeals of such interpretation shall be
made to the City Council.
(2) Interpretations of provisions of this Code concerning engineering, transportation,
building, and fire and life safety issues will be made by the Public Works Director,
City Engineer, Building Official or Fire Chief, in consultation with the City Attorney,
as appropriate. Appeals of such interpretations shall be made to the Planning
Commission.
Section 4: Section 4.030 is hereby amended by the addition of the following language as
described below:
Use interpretations shall be reviewed based upon the following criteria:
(4) In situations where an existing or proposed land use has the characteristics of several
uses, but no one specifically listed use, the Planning Commission shall also consider
the following when determining whether a proposed use belongs in a particular district.
(c) In the event the Planning Commission cannot make affirmative findings under
this Subsection, the Planning Commission shall deny or refer the proposal to
the City Council for a final determination.
(5) The Planning Commission shall consider the following additional considerations in
determining zoning district boundaries:
Section 5: Section 10.010 is hereby amended by the addition of the following language as
described below:
(2) The purpose of the Discretionary Use process is to ensure the appropriateness and
compatibility of certain proposed uses listed in Articles 16-30 of this Code as well as
those uses not listed where the Director must require an interpretation from the
Planning Commission under Section 4.030 of this Code.
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Ordinance 5867
Section 6: Section 10.030 is hereby amended by the addition of the following language as
described below:
(1) Except for private/public elementary and middle schools and certain wireless
telecommunications systems facilities, a Discretionary Use may only be allowed if the
Planning Commission finds that the proposal conforms with the following criteria:
(5) If any of the applicable criteria or standards listed above are not found by the
Planning Commission to be fully satisfied, the request shall be denied. Refer to
Section 32. 120(3)(c)(3) for applicability and criteria of approval for certain wireless
telecommunications systems facilities.
(6) If any of the applicable criteria or standards listed above or elsewhere in this Code are
not found by the Planning Commission to be fully satisfied, the request shall be denied.
Section 7: Section 10.040 is hereby amended by the addition of the following language as
described below:
In addition to any Site Plan Review conditions, the Planning Commission may attach
conditions as may be reasonably necessary to minimize negative impacts in accordance
with this Code and the policies of the Metro Plan to ensure that proposed development
can fully meet the criteria of Section 10.030 of this Article, and may require guarantees
and evidence that such conditions will be complied with as a condition of use.
Section 8: Section 12.030 is hereby amended by the addition of the following language as
described below:
In reaching a decision on these actions, the Planning Commission shall adopt findings
which demonstrate that all of the following criteria have been addressed:
Section 9: Section 14.010 is hereby amended by the addition of the following language
and the deletion of language designated as described below:
The following procedures shall apply to all land use hearings and appeals before the
Planning Commission, the Hearings Official and the City Council.
(1) The Planning Commission shall hear:
(c) All quasi-judicial land use requests inside the City limits and Urban Growth
Boundary including the Historic Overlay District, or considered in conjunction
with City annexation requests.
(d) Appeals of decisions of the Director within the City limits and Urban Growth
Boundary except for expedited land division appeals.
(2) The Hearings Official shall hear:
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Ordinance 5867
DELETED> (a) Except for Metro Plan amendments, all quasi-judicial land use requests
outside the City limits but inside the Urban Growth Boundary not considered
in conjunction with annexation to the City.
DELETED> (b) Appeals of the decision of the Director outside of the City limits but inside the
Urban Growth Boundary.
Appeals of expedited land division decisions.
Section 10: Section 14.030 is hereby amended by the addition of the following language
as described below:
(1) Mailed Notice - Quasi-judicial land use decisions. Notice of the public hearing shall
be given by mail posted at least 20 days before the date of the hearing. If two public
hearings are required, notice may be sent 10 days before the first public hearing. The
mailed notice shall be sent to the applicant and the owners of record of the subject
property, all property owners and occupants within 100 feet of the subject property
and to the appropriate neighborhood association, if any. Information pertaining to
property ownership shall be obtained from the most recent property tax assessment
role.
Section 11: Section 15.020 is hereby amended by the addition of the following language
as described below:
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(5) The Planning Commission or Hearings Official may affirm, modify or reverse the
decision of the Director or Historical Commission and shall adopt findings in support
of their decision.
(b) Decisions by the Hearings Official regarding expedited land divisions shall be
final. Appeals of the Hearings Official decisions shall be to the Oregon Court
of Appeals in accordance with applicable statutes and regulations governing
such appeals.
Section 12: Section 16.100 is hereby amended by the addition of the following language
as described below:
(6) Home Occupations. A home occupation is a lawful activity carried on within a
dwelling or accessory structure by a member or members of the family who occupy
the dwelling. A home occupation is permitted provided that:
(c) Compliance with the following conditions shall occur at all times:
(12) The applicant shall sign an agreement with the City acknowledging
the conditions of Subsection 16.100(6)(c).
(e) Any home occupation in violation of the provisions of this Code is subject to
civil infraction citation process of the City of Springfield Municipal Code,
Article 5.15.1. Any proposed home occupation, or component thereof, not
specifically identified in the Springfield Development Code is prohibited
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Ordinance 5867
unless authorized by the Springfield Planning Commission as the result of an
application for Formal Interpretation.
Section 13: Section 29.040 is hereby amended by the addition of the following language
as described below:
(4) The Springfield Planning Commission shall hear all Type III land use requests, except
that a Hearings Official shall hear appeals of expedited land use decisions.
Section 14: Section 30.040 is hereby amended by the addition of the following language
as described below:
(1) The Historical Commission shall make recommendations of the following to the
Planning Commission or City Council:
Section 15: Section 30.050 is hereby amended by the addition of the following language
as described below:
(1) The following criteria shall be considered by the Historical Commission or Planning
Commission in establishing sites or structures on the Historic Landmark Inventory. In
each case the approval authority shall determine whether the Historic Landmark Site
or Structure is:
Section 16: Section 32.130 is hereby amended by the addition of the following language
as described below:
(4) The Planning Commission shall use the preceding criteria in place of the Discretionary
Use criteria in Section 10.030 of this Code to evaluate the proposal. The Planning
Commission shall not grant approval of the request unless each of these criteria have
been met.
Section 17: Section 36.135 is hereby amended by the addition of the following language
as described below:
The intent of this section is to allow temporary emergency quarters when certain medical
hardships arise. The following standards shall apply in these circumstances:
(10) Appeals of decisions approving or denying temporary emergency quarters shall be to
the Planning Commission.
Section 18: Section 37.010 is hereby amended by the addition of the following language
as described below:
(3) The planning Commission shall approve the Master Plan prior to City approval of a
related subdivision or site plan application; however the Master Plan may be reviewed
concurrently with a zone change application, discretionary use application, variance
application and any other application or approval sought by the applicant related to the
Master Plan.
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Section 19: Section 37.040 is hereby amended by the addition of the following language
as described below:
A Master Plan may be approved if the Planning Commission finds that the proposal
conforms with all of the following criteria. In the event of a conflict with criteria in this
subsection, the more specific requirements shall apply.
Section 20: Section 37.050 is hereby amended by the addition of the following language
as described below:
In addition to any applicable Discretionary Use conditions, the Planning Commission may
attach other conditions as may be reasonably necessary to minimize negative impacts in
accordance with this Code to ensure that the proposed development can fully meet the
criteria of Section 37.040 of this Article, and may require guarantees and evidence that
such conditions will be complied with as a condition of use. Additionally, the conditions of
approval may contain any conditions necessary to implement the provisions of Section
37.030 including a schedule offees and charges, a schedule of compliance review and the
extent to which the Master Plan is assignable.
Section 21: It is hereby determined that matters pertaining to Home Occupations, the
Hearings Official and Planning Commission, and mailed notice affect the public welfare of
the City of Springfield and that an emergency exists, and that this ordinance shall therefore
take effect immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of 5,; t for and
~ against this ~ day of December, 1997.
APPROVED by the Mayor of the City of Springfield this
ATTEST:
Manager Gino Grimaldi
ATTACHMENT 4-6