HomeMy WebLinkAbout2021 07 07 AIS for Code Update WSAGENDA ITEM SUMMARY Meeting Date: 7/7/2021
Meeting Type: Work Session
Staff Contact/Dept.: Mark Rust/DPW
Staff Phone No: 541-726-3654
Estimated Time: 60-90 minutes
S P R I N G F I E L D
PLANNING COMMISSION
Council Goals: Encourage Economic
Development and
Revitalization through
Community Partnerships
ITEM TITLE: DEVELOPMENT CODE UPDATE PROJECT – DRAFT CODE SECTIONS
ACTION
REQUESTED:
Staff is asking the Planning Commission to provide input and ask questions on the
draft code language for Phase 2 of the Development Code Update Project.
ISSUE
STATEMENT:
The Purpose of the Development Code Update Project is to change the Springfield
Development Code to support efficient, timely, and clear development review. The
updated Development Code will support Springfield’s economic development
priorities and will honor Springfield’s hometown feel now and in the future.
At this meeting staff will present draft code language. The code sections presented
are the public review drafts out for community review and comment. These code
sections will be revised and finalized to develop a public hearing draft based on the
community feedback received during the community engagement. This will be an
opportunity for the Planning Commission to provide input and ask questions.
ATTACHMENTS: Attachment 1: Draft of New Code 5.17.100 Site Plan Review
Attachment 2: Draft of New Code 5.15.100 Minimum Development Standards
Attachment 3: Draft of New Code 6.1.100 Definitions
Attachment 4: Draft of New Code 5.1.100 Procedures
Attachment 5: List of Significant Code Changes
DISCUSSION:
Background
Staff last presented to the Planning Commission in their capacity as the Committee
for Citizen Involvement on this project on June 15, 2021. Staff also presented to the
Planning Commission on May 18, 2021.
Discussion
Staff is releasing the public review draft sections of development code, together
with community engagement materials, for Phases 1 and 2 of the Development
Code Update Project. These draft code sections need to be revised and finalized
based on the community engagement prior to developing a public hearing draft later
this year. Staff will begin presenting the draft code sections to the Planning
Commission for discussion, input, and questions. There are areas of the code
sections that still have unresolved questions or options associated with them that
need input. Familiarizing the Planning Commission now with the draft code
sections will facilitate an easier transition to the public hearing drafts.
Next Steps
Staff is planning to launch into the community outreach phase of the project at the
end of June. Staff has tentatively scheduled regular work sessions for the Planning
Commission meeting through the summer to continue to discuss the multiple
sections of draft code.
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Section 5.17.100 Site Plan Review
Subsections:
5.17.105 Purpose
5.17.110 Applicability
5.17.115 Submittal Standards
5.17.120 Review
5.17.125 Approval Standards
5.17.130 Final Site Plan
5.17.135 Development in Accordance with Permit Approval
5.17.105 Purpose
(A) The purpose of Site Plan Review is to:
(1) Facilitate and enhance the value of development;
(2) Regulate the manner in which land is used and developed;
(3) Ensure the provision of public facilities and services;
(4) Maintain the integrity of the City’s watercourses by promoting bank stability, assisting
in flood protection and flow control, protecting riparian functions, minimizing erosion,
and preserving water quality and significant fish and wildlife areas;
(5) Provide for connectivity between different uses;
(6) Promote the use of a complete range of transportation modes including and walking,
bicycling, and transit facilities;
(7) Implement the Springfield Comprehensive Plan, applicable refinement plans, specific
area plans, and development plans;
(8) Minimize adverse effects on surrounding property owners and the general public
through specific approval conditions; and
(9) Protect the public health and safety.
5.17.110 Applicability
(A) The Site Plan Review process is used for:
(1) The following categories of multiple unit housing, commercial, public and semi-
public, and industrial development or uses, including construction of impervious
surfaces for parking lots and storage areas:
(a) New development on vacant sites and redevelopment, except where a
proposed development qualifies for a Minimum Development Standards review
in accordance with SDC 5.15;
(b) Additions or expansions that exceed either 50 percent of the existing building
gross floor area or 5,000 square feet or more of new building gross floor area
and/or impervious surface area, except where a proposed development
qualifies for a Minimum Development Standards review according to SDC 5.15;
(c) Additions, expansions, and changes of use, regardless of size or intervening
use, that:
Commented [MR1]: Clear and objective process required for
needed housing. Need to have “needed housing” clear and
objective approval standards (per references) in Section 5.17.125
like in 4.2.105(E) for transportation.
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(i) Contain or are within 150 feet of the top of bank (as measured from the
property line of the subject property) of any Water Quality Limited
Watercourses (WQLW) identified on the WQLW Map on file in the
Development Services Department;
(ii) Contain or are within 100 feet of the top of bank (as measured from the
property line of the subject property) of any direct tributaries of WQLW
identified on the WQLW Map on file in the Development Services
Department;
(iii) Are located within the City’s urbanizable area, outside of the city limits; or
(iv) Are located within 50 feet of property in a residential land use district or
residentially designated land (as measured from the property line of the
subject property);
(d) Discretionary Uses, except where a proposed development qualifies for a
Minimum Development Standards review in accordance with SDC 5.15; and
(e) Any uses listed in the applicable land use district, overlay, or plan district, which
specifically require Site Plan Review.
(B) Developed or partially developed industrial properties 5 acres or greater in size that have
never obtained Final Site Plan Review approval prior to the adoption of this Code may
obtain Final Site Plan Equivalent Map approval as specified in Section 5.17.135. This
approval is necessary to allow a property to complete a site plan modification process
specified in (C) below, or for future additions or expansions.
(C) Existing lawfully developed sites that do not conform to the current standards of this code
are only required to meet current standards on the portions of the site affected by the
proposed alteration or expansion. Any alterations to the site must meet current code
standards.
(D) A Site Plan Review application may be submitted concurrently with a complete Building
Permit application; the applicant assumes all liability and responsibility if concurrent
reviews necessitate the revision of either permit in response to review.
5.17.115 Submittal Standards
Application materials must be submitted as required below in addition to the requirements in
SDC 5.1.215, Application Requirements. Applications that do not include all the necessary
information may be deemed incomplete in accordance with SDC 5.1.220, Acceptance of
Application.
(A) General requirements. All plans submitted under this section must:
(1) Be prepared by an design professional, licensed in the state of Oregon, when
required by state law, such as:
Commented [RM2]: Keep? Even for change of use? See also
note in MDS. Is 50’ the correct number to use if kept?
Commented [MR3]: Old date? New date?
Commented [RM4]: Double check this. Still needed?
Commented [MR5]: This language is to partially replace the
language of existing section 5.17.145, together with the proposed
language below for modification of application and modification of
decision.
Commented [RM6]: Comment from Kristina Kraaz
This language shows up in many applications – consider moving it
to a generally-applicable section like 5.1-105 (where it currently
states that no building permit will be issued before development
approval).
Commented [MR7]: See also SDC 5.4.105
Commented [RM8R7]: 5.4 has been incorporated into the new
5.1
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(a) engineer;
(b) architect;
(c) landscape architect;
(d) land surveyor; or
(e) Other qualified professional as determined by the Director.
(2) Be drawn to scale with the scale indicated on the plans, and the scale sized
appropriately for the area involved and sufficient to show detail of the plan related to
the approval standards;
(3) Include a north arrow and date of preparation and/or revision;
(4) Provide the physical address of the subject property, if applicable, and the County
assessor’s tax map and lot number;
(5) Provide the names and addresses of all persons listed as owners on the most
recently recorded deed;
(6) Provide the name, address, email address, and telephone number of any person that
assisted in preparing the application materials or plans; and
(7) Show the size of the property and development area in acres or square feet.
(B) Existing Site Conditions Plan. The application must include an existing site conditions
plan that shows, for the entire property and the surrounding property to a distance of 150
feet from the subject property boundaries:
(1) The property boundaries, dimensions, and gross area;
(2) Topographic contour lines at one-foot intervals for slopes equal to or less than ten
percent and at two-foot intervals for slopes greater than ten percent;
(3) The location and width of all public and private streets, drives, sidewalks, pathways,
rights-of-way, and easements;
(4) Potential natural hazard areas, including areas mapped by the City, County, or State
as having a potential for geologic hazards;
(5) Soil types and water table information as mapped and specified in the Soils Survey
of Lane County;
(6) Resource areas, including wetlands on the City’s Local Wetlands Inventory, streams,
surface mines, and wildlife habitat identified by the City or any natural resource
regulatory agencies as requiring protection;
(7) The name, location, dimensions, direction of flow, and top of bank of all
watercourses that are shown on the Water Quality Limited Watercourse Map and
their riparian areas;
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(8) The 100-year floodplain and floodway boundaries on the site, as specified in the
latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map
Amendment or Letter of Map Revision;
(9) The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the
Wellhead Protection Areas Map on file in the Development Services Department;
(10) Features, including existing structures, pavement, large rock outcroppings, drainage
ways, canals and ditches;
(11) The location, size and species of trees and other vegetation having a caliper
(diameter) of six inches or greater at four feet above grade; and
(12) Locally or federally designated historic and cultural resources.
(C) Proposed Site Plan. The application must include a site plan that shows:
(1) The proposed development site, including boundaries, dimensions, and gross area;
(2) Existing site features, including trees, identified on the site analysis map, if any,
which are proposed to be retained, removed, or modified by the proposed
development;
(3) The location and dimensions of all existing and proposed structures, utilities,
pavement, and other improvements on the site and adjacent to the site for a distance
of 150 feet;
(4) Setback dimensions for all existing and proposed buildings;
(5) Loading and service areas for waste disposal, loading, and delivery; and
(6) Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture,
and similar improvements.
(D) Utility and Improvement Plan. The application must include a utility and improvement
plan that shows:
(1) The name and location of all existing and proposed public and private streets within
or on the boundary of the proposed development site including the right-of-way and
paving dimensions, and the ownership and maintenance status;
(2) Location of existing and required traffic control devices, fire hydrants, streetlights,
power poles, transformers, neighborhood mailbox units, and similar public facilities;
(3) The location, width, and construction material of all existing and proposed sidewalks,
sidewalk ramps, pedestrian access ways, and trails;
(4) The location and size of existing and proposed utilities on and adjacent to the site
including sanitary sewer mains, stormwater management systems, water mains,
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power, gas, telephone, and communications connections including cable, internet,
and television cable, etc.;
(5) The proposed connection points of the proposed utilities; and
(6) The location and size of existing and proposed easement and public dedications.
(E) Landscape Plan. The application must include a landscape plan that shows:
(1) Existing and proposed building and pavement outlines;
(2) The location and dimensions of existing and proposed terraces, retaining walls,
decks, patios, shelters, and play areas;
(3) Existing and proposed abutting street right-of-way landscaping;
(4) Screening as specified in SDC 4.4.110;
(5) Plantings, either existing or proposed, used in erosion control and stormwater
treatment facilities;
(6) Details of a permanent irrigation system, unless specifically exempted as specified in
SDC 4.4.100;
(7) Street trees as specified in SDC 4.2.140;
(8) A specifications list for all landscaping materials to be used;
(9) A planting schedule containing the location, size, and species of the existing and
proposed plant materials (at time of planting);
(10) The anticipated size of all proposed plants at two years, or at maturity, whichever is
first; and
(11) A description of planting methods as specified in SDC 4.4.100.
(F) Access, Circulation, Parking, and Lighting Plan. The application must include an
Access, Circulation, Parking, and Lighting that shows:
(1) The location, dimensions and number of typical, compact, and disabled parking
spaces; including aisles, landscaped areas, wheel bumpers, directional signs and
striping;
(2) The location and dimensions of all site circulation for vehicles, pedestrians, and
bicycles including entrances and exits to the site, and loading and service areas;
(3) Access to streets, alleys, and properties to be served, including the location and
dimensions of existing and proposed driveways and driveways proposed to be
closed;
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(4) On-site lighting including the location, orientation, and maximum height of all
proposed exterior light fixtures, both free standing and attached.
(5) For lighting, the type and extent of shielding, including cut-off angles and the type of
illumination, the wattage, luminous area, and a photometric test report for each light
source;
(6) The location, type, number, and dimensions of all bicycle parking spaces;
(7) The amount of gross floor area applicable to the parking requirement for the
proposed use;
(8) The location of off-street loading areas;
(9) Existing and proposed transit facilities;
(10) A copy of a Right-of-way Approach Permit application, where the property has
frontage on an Oregon Department of Transportation (ODOT) facility; and
(11) A Traffic Impact Study prepared by an Oregon Licensed Traffic Engineer when
required by and as specified in SDC 4.2.105(A)(4).
(G) Grading, Paving, and Stormwater Management Plan. The application must include a
grading, paving, and stormwater management plan that shows:
(1) The stormwater management system for the entire development area;
(2) The roof drainage patterns and discharge locations;
(3) The pervious and impervious area drainage patterns;
(4) The size and location of stormwater management systems components, including
but not limited to: drain lines, catch basins, dry wells and/or detention ponds;
stormwater quality measures; and natural drainage ways to be retained; and
(5) The existing and proposed elevations, site grades, and contours.
(H) Phased Development Plan. The application must include a Phased Development Plan if
phasing is proposed. The plan must indicate any proposed phases for development,
including the boundaries and sequencing of each phase as specified in SDC 5.17.115.
Phasing must progress in a sequence that promotes street connectivity between the
various phases and accommodates other required public improvements, including but not
limited to, sanitary sewer, stormwater management, water, and electricity.
(I) Narrative. The application must include a written letter, narrative, or report documenting
how the proposal is in compliance with the applicable approval criteria contained in SDC
5.17.125, Site Plan Review Approval Standards.
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(J) Deed Restrictions. The application must include submit copies of all existing and
proposed restrictions or covenants.
(K) Additional Information. The Director may require an applicant to submit additional
information at the time of Site Plan Review application submittal. At the applicant’s
expense, additional studies, reports, or exhibits prepared by qualified professionals may
be required to address specific site features or concerns to demonstrate compliance with
approval standards. Additional information may include, but is not limited to the following
items:
(1) Evidence that any required Federal or State permit has been applied for or approved;
(2) A Geotechnical Report prepared by an Oregon-licensed engineer, if the required Site
Assessment specified in SDC 5.17.120 indicates the proposed development area
has unstable soils and/or a high water table as specified in the Soils Survey of Lane
County.
(L) Septic Systems. If the properties are not served by the City sewer system in accordance
with SDC 4.3.105, the application must include documentation from the Department of
Environmental Quality or its agent that indicates that the proposed development will be in
compliance with all applicable requirements for sanitary septic systems when such
systems exist on the properties affected by the development.
5.17.120 Review
(A) Pre-Application Options. Although voluntary, prospective applicants are encouraged to
request a Development Initiation Meeting or Pre-Application Meeting as specified in SDC
5.1.210.
(B) Site Plan Review applications are reviewed under the Type 2 procedure in accordance
with SDC 5.1.400.
(C) Required public improvements and any additional required land use permits or approvals
will be reviewed in accordance with this Code.
5.17.125 Approval Standards
(A) The Director must approve, approve with conditions, or deny a proposed Site Plan Review
application based on the following standards:
(1) The proposed land use is a permitted use or is allowed as a discretionary use in the
land use district.
(2) If a use is allowed as a discretionary use, in addition to meeting the standards below,
a Discretionary Use application must be approved in conformance with the standards
in SDC 5.9.100.
(3) The proposal complies with the standards of the land use district of the subject
property;
Commented [MR9]: Keep this? Not ok for Site Plan approvals?
Use for Middle housing approvals.
Commented [RM10]: The SDC section cited below must all
have clear and objective paths for housing…
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(4) The proposal complies with any applicable approved master plan, master facilities
plan, refinement plan, and/or special planned district.
(5) The proposal complies with the applicable sections of SDC 4.2, Infrastructure
Standards-Transportation.
(6) The proposal complies with the applicable sections of SDC 4.3, Infrastructure
Standards-Utilities.
(7) The proposal complies with the applicable sections of SDC 4.4, Landscaping,
Screening, and Fence Standards.
(8) The proposal complies with the applicable sections of SDC 4.5, On-Site Lighting
Standards.
(9) The proposal complies with the applicable sections of SDC 4.6, Motor Vehicle
Parking, Loading, and Bicycle Parking Standards.
(10) The proposal complies with the applicable sections of SDC 4.7, Specific
Development Standards.
(11) The proposal complies with the applicable sections of SDC 4.8, Temporary Use
Standards.
5.17.130 Final Site Plan
(A) A Final Site Plan must be submitted to the Director within 90 days of the written decision
and expiration of any appeal period.
(B) The Final Site Plan must include the same information as required for the proposed site
plan however must depict the proposal as approved and must incorporate all conditions of
approval that the decision requires to be shown on the Final Site Plan. No building or
engineering permits will be issued until the Final Site Plan is approved.
(C) Submittal of a Final Site Plan must include the following material, where applicable:
(1) The original recorded copy of any required Improvement Agreement.
(2) Where applicable, any required ODOT Right-of-Way Approach Permit must be
submitted prior to construction of improvements with ODOT right-of-way.
(3) Where approved a copy of a recorded joint use access/parking agreement.
(4) A copy of any recorded private easement or other original easement.
(D) The Final Site Plan becomes null and void if after 3 years from the date of Final Site Plan
acceptance by the Director if construction has not begun.
Commented [RM11]: Comment from Kristina
For limited land use decisions, only standards that are specifically
incorporated into the land use regulations are directly applicable. I
can do more research into whether all type II decisions are limited
land use decisions if needed.
Commented [RM12R11]: Follow up on this. Not sure what to
do with this? Delete?
Commented [MR13]: See comment below, is it 2 years or 3
years?
Commented [MR14]: The term construction here is not clear.
Replace with the phrase “initiation of use” as defined below???
Commented [RM15R14]: Kristinas Comments
“Construction” is tied into state vested rights law. I can
research a better definition if needed. Initiation of the use
would not overlap vested rights so we would have some that
have expired per the code, but still have the right to continue
to be constructed under the doctrine of vested rights.
Commented [MR16]: Deal with the issue of expiration of
approval separately in the procedures section???
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5.17.135 Development in Accordance with Permit Approval
(A) Development must not commence until the applicant has received all the appropriate land
use and development approvals including but not limited to: Final Site Plan Review
approval, grading permits, and building permits. Construction of any public improvements
must not commence until the City has approved all required public improvement plans
(e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to
enter into an agreement (e.g., for phased developments and developments with required
public improvements), and may require bonding or other assurances for improvements, in
accordance with SDC 5.15.135, Bonding and Assurances for Development.
(B) If public improvements are required, the applicant may be required to submit to the City a
signed Development Agreement within 90 days of the Director’s Final Site Plan approval.
(C) A Building Permit may be issued by the Building Official only after the Development
Agreement, if one is required, has been signed by the property owner and submitted to the
City.
(D) Upon satisfactory completion of site development, as determined by a Final Site
Inspection (prior to the final building inspection), the City will authorize the provision of
public facilities and services and issue a Certificate of Occupancy or otherwise authorize
use of the site.
(E) All required improvements must be installed prior to the issuance of a Certificate of
Occupancy or Final Building Inspection for the development. Alternatively, the applicant
may apply for Type II application for a deferral/extension to request that the improvements
be deferred for good cause. In the case of a deferment to completion of improvements the
following requirements must be met:
(1) A Temporary Certificate of Occupancy may be issued prior to complete installation
and approval of improvements if security is filed with the City.
(2) Required security must equal 120 percent of the cost of the design, materials, and
labor, as determined by the Director. Required security must consist of cash, certified
check, time certificate or deposit, or lending agency certification to the City that funds
are being held until completion. When the final improvements are complete and
certified by the Director, any portion of the remaining security deposited with the City,
including any accrued interest, will be returned to the depositor.
(3) If the required improvements are not completed within the approved deferral or
extension period, or if the improvements are installed improperly and not remedied
within the approved deferral or extension period, the City may use the security to
complete the installation or correct the required improvement(s). This remedy is in
addition to, and not in lieu of, the City’s other enforcement authorities.
Commented [RM17]: Kristina’s comment.
Should this go in a section discussing phasing instead?
Commented [RM18R17]: Should the phasing section be here
in the Site Plan section of be somewhere else? Procedures?
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Section 5.15.100 Minimum Development Standards (MDS)
Subsections:
5.15.105 Purpose
5.15.110 Applicability
5.15.115 Submittal Standards
5.15.120 Review
5.15.125 Approval Standards
5.15.130 Development in Accordance with Permit Approval
5.15.105 Purpose
(A) The purpose of Minimum Development Standards (MDS) review is to:
(1) Minimize development review for minor development, additions, expansions, or
changes of use;
(2) Ensure compliance with applicable development standards; and
(3) Protect the public health, safety, and welfare.
5.15.110 Applicability
(A) The MDS review process applies to Commercial, Industrial, R2, R3, and Public Land and
Open Space land use districts.
If an application triggers the need to for a Traffic Impact Study (TIS) as specified in SDC
4.2.105(B), then the application does not qualify for an MDS and must be processed
through a Site Plan Review process.
A proposal for developments in commercial, industrial, R-2, or R-3 land use districts where
the development is within 150-feet of a locally significant wetland or riparian area is not
eligible for the MDS process. Site Plan Review is required according to SDC 4.3.117(D) in
these cases.
There are two types of Minimum Development Standards review procedures which are
applied subject to applicability and locational standards. The Director determines the
appropriate MDS process from the following list of MDS applicability standards:
(1) The MDS Minor process is used for:
(a) New construction on a vacant development site where the new construction
does not exceed 50,000 square feet of impervious area;
(b) Addition or expansion on a development site where the addition or expansion
does not exceed 50 percent of the existing building area or up to 50,000 square
feet of new impervious area or new gross floor area, whichever is less.
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(c) An outdoor use or parking area expansion of up to 50 percent of the existing
outdoor use area or parking area or up to 5,000 square feet of new outdoor use
area or parking area, whichever is less;
(d) A change in land use category or building occupancy of a structure or property
that requires new additional parking spaces; or
(e) Relocating or reconfiguring an existing driveway that does not increase a
nonconformity or create a nonconformity.
(B) MDS provisions only apply to properties located within Springfield’s land use jurisdiction.
Development proposals that do not conform to the MDS applicability standards require
Site Plan Review according to SDC 5.17.
(C) An MDS application may be submitted concurrently with a complete Building Permit
application; the applicant assumes all liability and responsibility if concurrent reviews
necessitate the revision of either permit in response to review.
(D) Where there is an MDS application for addition, expansion, or change of use category for
a building or property containing multiple uses, the entire property may be brought into
compliance with the standards specified in SDC 5.15.125, or the application may request
that required improvements be reviewed, approved, and installed in proportion to the
relative impacts of the businesses on the property.
5.15.115 Submittal Standards
Application materials must be submitted as required below in addition to the requirements in
SDC 5.4.105. Applications that do not include all the following requirements will be deemed
incomplete.
(A) The required plans that must be submitted with an MDS application as specified below
must be prepared by a design professional, licensed in the state of Oregon, when required
by state law, such as:
(1) engineer;
(2) architect;
(3) landscape architect;
(4) land surveyor; or
(5) Other qualified professional as determined by the Director.
(B) An MDS application must include the following information:
(1) Existing Conditions Plan. The applicant must submit an Existing Conditions Plan
that meets the following standards:
(a) The plan must provide the name, location, and dimensions of all existing site
features including, but not limited to, significant stands of trees, watercourses
shown on the Water Quality Limited Watercourse Map and their riparian areas,
wetlands, flood designations and slopes.
Commented [RM1]: Double check code ref.
Commented [RM2R1]: 5.4 has been incorporated into the new
5.1
Commented [RM3]: Not clear and objective for housing???
Not an approval criteria…Ok?
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(b) Be drawn to scale. Scale must be indicated and provided on the Plan.
(c) The Plan must show all the existing improvements.
(d) Show the entire property, including property lines, gross area, and dimensions.
(e) Include labels of all elements on the Plan. Include a legend or key.
(f) Show setbacks of all existing structures and dimensions.
(g) Show existing landscaped areas and dimensions.
(h) Show existing landscaping including irrigation and street trees.
(i) Show existing fencing.
(j) Show the waste storage location and enclosure, including dimensions and
connection to sanitary sewer as applicable.
(k) Show the bicycle parking spaces including the number and location with
dimensions and indicate the type of bicycle parking rack.
(l) Show the parking and vehicle circulation areas including the location,
dimensions, number of spaces, typical striping, compact and disabled spaces,
and aisles.
(m) Show the access to the public right of way including the dimensions of the
existing curb cuts and any curb cuts to be closed.
(n) Show pedestrian facilities including any existing sidewalks.
(o) Show any existing streetlight locations and type.
(p) Show connections to utilities including any existing easements, location and
size of connection points.
(2) Site Plan. The applicant must submit a Site Plan that meets the following standards:
(a) Be drawn to scale. Scale must be indicated and provided on the Plan.
(b) The Plan must show all the proposed improvements.
(c) Show the entire property, including property lines, gross area, and dimensions.
(d) Include labels of all elements on the Plan. Include a legend or key.
(e) Show setbacks of all proposed structures and dimensions.
(f) Show proposed landscaped areas and dimensions.
(g) Show proposed landscaping including irrigation and street trees.
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(h) Show proposed fencing.
(i) Show the waste storage location and enclosure, including dimensions and
connection to sanitary sewer as applicable.
(j) Show the bicycle parking spaces including the number and location with
dimensions and indicate the type of bicycle parking rack.
(k) Show the parking and vehicle circulation areas including the location,
dimensions, number of spaces, typical striping, compact and disabled spaces,
and aisles.
(l) Show the access to the public right of way including the dimensions of the
existing and proposed curb cuts and any curb cuts to be closed.
(m) Show pedestrian facilities including any proposed sidewalks.
(n) Show any existing and proposed streetlight locations and type.
(o) Show connections to utilities including any existing and proposed easements,
location, and size of connection points.
(3) Utilities Improvement Plan. The applicant must submit a Utilities Improvement Plan
meeting the following standards:
(a) Show the location and width of all existing and proposed easements.
(b) Show the location and dimensions of all existing and proposed rights-of-way.
(c) Show the location of existing or proposed utilities and infrastructure on or within
150 feet of the subject site including the following as applicable: stormwater
management systems, sanitary sewer mains, power, water mains, gas, and
communications connections including cable, internet, and television cable, etc.
(d) Show all stormwater drainage patterns and connection points, together with
supporting documentation indicating how the proposed stormwater system will
function.
5.15.120 Review
(A) An MDS application is reviewed under the Type I ministerial review process without notice
or an opportunity to appeal. The applicant may request that the application process
include public notice according to SDC 5.1.425. In this case the applicant is responsible
for paying the notice fee.
(B) The Director must approve, approve with conditions, or deny an application for Minimum
Development Standards review based upon the approval standards listed below.
Commented [RM4]: Is this the right distance
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(C) Required public improvements and any additional required land use permits or approvals
will be reviewed in accordance with this Code.
5.15.125 Approval Standards
(A) In order to grant MDS approval, the Director must verify compliance with all applicable
standards specified below.
(1) The proposed land use is a permitted use or is allowed as a discretionary use in the
land use district.
(2) If a use is allowed as a discretionary use, in addition to meeting the standards below,
a Discretionary Use application must be approved in conformance with the standards
in SDC 5.9.100.
(3) A five foot wide landscaped planter strip, including street trees, with approved
irrigation or approved drought resistant plants in conformance with SDC 4.4.100 and
4.2.140 must be installed between the sidewalk and parking areas or buildings with
the following exceptions:
(a) Where there is an unimproved street, a four-foot-wide landscaped area, in
conformance with the applicable standards of SDC 4.4.105, Landscaping, must
be provided along the frontage of the property. This landscape area is required
to be set back one foot from the property line;
(b) Where there is not a four foot wide area between existing improvements and
the front property line for a landscaped area as required in (3)(a) above, due to
existing buildings, street width, paved parking, changes of elevation, or location
of utilities including catch basins, one of the following must be provided:
(i) Fencing along the front property line located immediately behind the
property line in conformance with SDC 4.4.115, Fences. The fencing
must be either wrought iron or masonry and is subject to the fence height
standards of the applicable zoning district and the vision clearance
setbacks of SDC 4.2-130; or
(ii) Provide a landscaped area, in conformance with the applicable standards
of SDC 4.4.105, Landscaping, that is equivalent in square foot area to the
amount required in Subsection (a) above. This equivalent area must be
placed at the property corners or other areas of the property that are
visible from the street.
(4) Waste storage must be screened with a fence or wall. The fence or wall must be:
(a) Between 5 and 6 feet in height.
(b) Made of wood, metal, masonry, or other permanent materials that are 100
percent sight obscuring on all sides except for a gate access area.
(c) A gate access to the waste storage must have at least 50 percent site-
obscuring screening such as cyclone fencing with slats.
Commented [RM5]: For all trash receptacles, or over a certain
size? What if the development is using just plastic roll carts?
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(d) On all sides of the screening structure, up to 12 inches measured from grade
may be visually unobscured provided that the unobscured area is covered with
a material that contains the debris within the structure, such as cyclone fencing.
(5) The area under the waste storage, the “catchment area”, must be hydraulically
isolated and connected to the sanitary system.
(6) The waste storage area must be covered. The cover must be:
(a) A permanent canopy, roof, or awning that completely covers the waste storage
area.
(b) Constructed to cover the waste storage area so rainfall cannot come in contact
with the waste materials being stored.
(c) Sized relative to the perimeter of the hydraulically isolated activity area. Runoff
from the cover must be directed to a stormwater destination that meets all
applicable code requirements for stormwater discharge.
(7) Any new outdoor storage areas must be screened. The screening must meet the
standards of SDC 4.4.110.
(8) Bicycle parking must be provided or upgraded to meet the standards specified in
SDC 4.6-140, 4.6-145, 4.6-150, and 4.6-155.
(9) Any new or modified motor vehicle parking, loading, and vehicle circulation areas
must be provided, including paving, striping, and wheel stops as specified in SDC
4.6.110, 4.6.115, 4.6.120, 4.6.130, and 4.6.135.
(10) The submitted storm water plan and supporting documentation, as part of the Utility
Improvement Plan, must demonstrate that for any new paving and other new
impervious surface area a stormwater facility will function in conformance with the
stormwater management standards specified in SDC 4.3.110 and 4.3.115.
(11) Access to the public right of way must comply with SDC 4.2.120.
(12) Sidewalks must be installed or upgraded where the proposed development area
abuts a curb and gutter street as specified in SDC 4.2.135.
(13) Streetlights must be installed as specified in SDC 4.2.145.
(14) The development area must connect to public utilities as specified in SDC 4.3.105,
4.3.110, 4.3.120, 4.3.125 and 4.3.130 and comply with the Springfield Building
Safety Codes, where applicable.
5.15.130 Development in Accordance with Permit Approval
(A) Final approvals and/or occupancy is contingent upon the completion of all required site
improvements. Development must not commence until the applicant has received all the
appropriate land use and development approvals including but not limited to: Final
Commented [RM6]: To what standards? Ask Kyle. None in
EDSPM or Eugene stormwater manual.
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Minimum Development Standards review approval, grading permits, and building permits.
Construction of any public improvements must not commence until the City has approved
all required public improvement plans (e.g., utilities, streets, public land dedication, etc.).
The City may require the applicant to enter into an agreement (e.g., for phased
developments and developments with required public improvements), and may require
bonding or other assurances for improvements, in accordance with SDC 5.15.135,
Bonding and Assurances for Development.
(B) The applicant must comply with the Tentative MDS approval and any conditions of
approval within three years of the Tentative MDS Plan approval as follows:
(1) Submittal of a Final MDS Plan within 90 days of the Tentative MDS approval,
including the following additional material, where applicable:
(a) The original recorded copy of any required Improvement Agreement.
(b) Where applicable, any required ODOT Right-of-Way Approach Permit must be
submitted prior to construction of improvements with ODOT right-of-way.
(c) Where applicable, a copy of a recorded joint use access/parking agreement.
(d) A copy of any recorded private easement or other original easement.
(C) If public improvements are required, the applicant must submit to the City a signed
Development Agreement within 90 days of the Director’s Final MDS Plan approval.
(D) A Building Permit may be issued by the Building Official only after the Development
Agreement has been signed by the property owner and submitted to the City.
(E) No structure or site approved as part of the MDS approval can be occupied until all
improvements are made as specified in this Section, unless otherwise permitted below.
(F) The construction of the required improvements must begin within two years of the Final
MDS approval. If this time line cannot be met, the applicant may submit a written request
for a one year extension of the two year start of construction timeline specified above.
(G) If the timeline established for the start of construction in Subsection (F) above is not met
and the applicant has not requested an extension, then the approval decision is null and
void.
(H) Upon satisfactory completion of site development, as determined by a Final Site
Inspection (prior to the final building inspection), the City will authorize the provision of
public facilities and services and issue a Certificate of Occupancy or otherwise authorize
use of the site.
(I) All required improvements must be installed prior to the issuance of a Certificate of
Occupancy or Final Building Inspection for the development. Alternatively, the applicant
may apply for Type II application for a deferral/extension to request that the improvements
be deferred for good cause. In the case of a deferment to completion of improvements the
following requirements must be met:
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(1) A Temporary Certificate of Occupancy may be issued prior to complete installation
and approval of improvements if security is filed with the City.
(2) Required security must equal 120 percent of the cost of the design, materials and
labor, as determined by the Director. Required security must consist of cash, certified
check, time certificate or deposit, or lending agency certification to the City that funds
are being held until completion.
(3) If the installation of improvements is not completed within the period stipulated by the
Final Approval, or if the improvements have been improperly installed, the security
may be used by the City to complete the installation, or the security may be held by
the City and other enforcement powers employed to prevent final occupancy until the
improvements are completed. Upon completion of the improvements as certified by
the Director, any portion of the remaining security deposited with the City, including
any accrued interest, will be returned.
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Section 6.1.100 – Definitions
Subsections:
6.1.105 Meaning of Common Words
6.1.110 Meaning of Specific Words and Terms
6.1.105 Meaning of Common Words
(A) All words used in the present tense include the future tense.
(B) All words in the plural include the singular, and all words used in the singular include the
plural unless the context clearly indicates to the contrary.
(C) The word “shall” directly and clearly imposes a duty upon someone or something; the
subject of the sentence is obligated to do something. The term means “is required to” or
“has a duty to”. This term is mandatory.
(D) The word “must” is mandatory.
(E) The word “may” is permissive.
(F) Words defined in this Section may also be defined in Springfield Development Code
(SDC) 6.1.100.
(G) Where words are not defined in this Section, the following sources are consulted: the
Springfield Development Code, including specifically SDC 6.1.100; the Metro Plan; State
of Oregon Revised Statutes (ORS), State of Oregon Administrative Rules (OAR’s); and
any dictionary of common usage, all of which will be interpreted by context.
6.1.110 Meaning of Specific Words and Terms
A
AASHTO. American Association of State Highway and Transportation Officials.
Abutting (or Abut). Adjoining with a common boundary line. However, where two or
more lots or parcels adjoin only at a corner or corners, they are not be considered
abutting unless the common property line between the two lots or parcels measures
eight feet or more in a single direction.
Access. The approved means by which vehicles have ingress and/or egress to an
approved lot/parcel or development area.
Accessory Dwelling Units (ADU’s). A secondary, self-contained dwelling that may be
allowed only in conjunction with a detached single-unit dwelling. An accessory dwelling
unit is subordinate in size to the primary detached single-unit dwelling. An accessory
dwelling unit has its own outside entrance and a separate kitchen, bathroom, and
sleeping area. An accessory dwelling may be located within, attached to, or detached
from the primary single unit dwelling.
Accessory Structure. A structure of secondary importance or function on a site. In
general, the primary use of the site is not carried on in an accessory structure.
Accessory structures are generally detached from the primary structure. If accessory
structures are attached to the primary structure, their structural framework is
independent or semi-independent from the primary structure. For example, a porch,
deck, or stairs that have their own footings or foundation are accessory structures even
though they may be attached to the primary structure. A balcony that is supported totally
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by the framework of the primary structure is not considered an accessory structure.
Agricultural structures, including, but not limited to, barns, silos, hay sheds, drying
sheds, and greenhouses are exempt from the Specific Development Standards of the
underlying zoning district when located on land two acres or larger or on any lot/parcel
with a valid farm deferral tax classification from the Oregon State Department of
Revenue. Notwithstanding this exemption, land use activities conducted on land with
agricultural structures must otherwise conform to the list of permitted uses within the
underlying zoning district. (See also Primary Structure; Extension, Architectural; and
Incidental Equipment; in SDC 6.1.100)
Accessway. A dedicated easement or right-of-way intended to allow pedestrians and
bicyclists convenient linkages, where no public street access exists, to streets,
residential areas, neighborhood activity centers, industrial or commercial centers, transit
facilities, parks, schools, open space, or trails and paths.
Adaptive Reuse. A permitted use of a building that is different from its original or
previous use, often involving conversion work involving substantial modifications.
Adjacent. Abutting or located directly across a right-of-way.
Administrative Office. A building or portion of a building, in which persons are
employed in the day-to-day management or direction of a single business or division of
that business.
Agriculture. The cultivation of tree crops, plants, orchards, pasture, flower, berry and
bush crops or the keeping, raising or breeding of livestock or poultry where permitted by
the Springfield Municipal Code, 1997, and on any lot/parcel with a valid farm deferral tax
classification from the Oregon State Department of Revenue. Agricultural structures, as
defined elsewhere in this Code, also is defined as “Agriculture.”
Alley. A service way providing means of public access to abutting property and not
intended for general traffic circulation.
Alter, Alteration. A modification in use of a structure that may or may not involve
construction. As used in SDC 3.3.900, any construction, erection, remodeling,
restoration, reconstruction, removal or exterior painting affecting the appearance or
position of an Historic Landmark Site or Structure within or outside of a designated
Historic District.
Animal Clinic. A business establishment in which veterinary services are provided to
small domestic pets on an out-patient basis with no overnight boarding allowed.
Animal Hospital. A place where animals are given medical or surgical treatment and
the boarding of animals is limited to short-term care incidental to the hospital use.
Appeal. A request for a review of a final decision by the Director, Planning Commission,
or City Council in accordance with applicable procedures, based on the standards of this
Code.
Applicant. A person submitting an application; the owner of affected property, or the
owner's duly authorized representative. The City Attorney may require proof of the
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sufficiency of the representative's authorization by the owner to act as applicant on the
owner's behalf.
Approval Authority. The individual or public body which has jurisdiction for making a
decision on an application under the provisions of this Code.
Aquifer. A geologic formation, group of formations, or part of a formation that is capable
of storing and transmitting water in sufficient quantity to supply wells or springs.
Automobile-dependent. A use where automobiles and/or other motor vehicles are
served by the use and the use would not exist without them, such as vehicle repair, gas
station, car wash, or auto and truck sales. Automobile-dependent also includes a drive-
up or drive-through that does not have any indoor customer seating.
Automobile-oriented use. A use where automobiles and/or other motor vehicles are an
integral part of the use, such as drive-up, drive-in, and drive-through facilities.
Automobile-oriented drive-up and drive-throughs must have indoor seating. Without
indoor customer seating the use is classified as automobile-dependent as defined
above.
Automobile wrecking. The dismantling or disassembling of motor vehicles, including
large truck or heavy machinery, or trailers, or the storage, sale salvage, or dumping of
dismantled, partially dismantled, obsolete, or wrecked vehicles, or their parts. An
automobile wrecking use includes a wrecking yard. More than two dismantled, obsolete,
or inoperable motor vehicles or parts thereof on one lot constitutes a wrecking yard.
B
Backhaul Network. The land lines that connect a WTS provider’s radio signals to one or
more cellular telephone switching offices and/or local or long distance providers, or the
public switched telephone network.
Base Flow. The portion of a stream flow that is not run-off and results from seepage of
water from the ground into a channel. The primary source of running water in a stream
during dry weather.
Bed and Breakfast Facility. A structure designed for and occupied as a single-family
dwelling, in which travelers are lodged for sleeping purposes for two weeks or less and a
morning meal provided, and for which compensation is paid. A Bed and Breakfast
Facility is not a hotel, motel, boarding house or rooming house.
Berm. A mound of earth used to deflect sound or used as a buffer in landscaping
provisions to separate incompatible areas or to provide aesthetic enhancement in site
design.
Bicycle or Bike Lane. A portion of a street that has been designated, by striping,
signage and pavement markings, for the exclusive use of bicycles.
Bicycle Parking Space. A space for one standard bicycle within a lighted and secure
bicycle rack, placed in a paved area.
Commented [RM1]: Check procedures code section
Commented [RM2]: Check against procedures
Removed from procedures. What replaced? Hearings Authority???
Check the rest of the code for this term.
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Bikeway. Any street, path or way which in some manner is specifically designated for
bicycle travel, regardless of whether the facilities are designated for the exclusive use of
bicycles or are to be shared with other transportation modes.
Block. An area of land containing one or more lots/parcels surrounded by public or
private streets.
Block Length. The distance along a public or private street between the centerline of
two intersecting streets, including “T” intersections but excluding cul-de-sacs.
Block Perimeter. The sum of all block lengths for a given block, also measured as the
distance to travel once completely around the block, ending at the starting point as
measured from the centerline of the street.
Boarding House. A building where lodging and meals are provided for more than two
weeks for compensation. This definition excludes bed and breakfast facilities.
Bond, Performance or Security. Collateral security for the performance of a specific
action or duty imposed by the City.
Buildable Area of a Lot/Parcel. The area of a lot/parcel enclosed within the setback
boundaries, exclusive of easements.
Building. Any structure used or intended for sheltering any use or occupancy. As used
in SDC 3.3.400 Floodplain Overlay District, the terms “building” and “structure” are
synonymous, and are framed, erected, constructed or placed to stand temporarily or
permanently on a tract of land. This definition specifically includes a mobile home,
manufactured home and any accessories, and gas or liquid storage tanks principally
above ground.
Building Board of Appeals. A board appointed in accordance with Section 2.500 to
2.574 of the Springfield Municipal Code, 1997, to hear requests for alternate building
methods/materials.
Building Envelope. That portion of a lot/parcel that has no development restrictions
where the placement of driveways and structures can be established. The building
envelope does not include the area of any required setbacks, tree protection plans,
conservation zones or other protected areas as authorized by a limited land use
decision.
Building footprint. As applicable to Cottage Cluster Housing development specified in
SDC 4.7.325(E)(1), The horizontal area as seen in plan, measured from outside of all
exterior walls and supporting columns. It includes dwellings and any area of attached
garage that exceeds 200 square feet. It does not include detached garages or carports;
accessory structures; trellises; patios; areas of porch, deck, and balcony less than 30
inches from finished grade; cantilevered covers, porches or projections; or ramps and
stairways required for access.
Building Height. The vertical distance above a reference datum measured to the
highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the
average height of the gables of a pitched or hipped roof. The maximum height of a
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stepped or terraced building is the maximum height of all segments of that building. The
reference datum is, which either of the following of the 2 measurements that results in
the greater building height.
(1) The reference datum is the lowest grade when the highest ground surface within a 5-
foot horizontal distance of the exterior wall is not more than 10 feet above the lowest
grade.
(2) The reference datum is 10 feet higher than the lowest grade when the ground
surface described in A, above is 10 feet above the lowest grade.
Building Official. The person responsible for the administration and enforcement of the
Building Safety Codes; the duly authorized representative of the Director responsible, in
consultation with the City Engineer, for the interpretation of SDC 3.3.400 Floodplain
Overlay District.
Building Permit. Written permission issued by the Building Official that construction
may commence in accordance with this Code and the Building Safety Codes.
Building Safety Codes. A book of codes including the Springfield Building Code
Administrative Code, the Structural Specialty Code, the Mechanical Specialty Code, the
Electrical Specialty Safety Code and the Plumbing Specialty Code.
Build-To Line. A line parallel to the property line that prescribes a consistent plane of
building façades along a public street and in certain circumstances, alley frontages. The
build-to line provides predictable results in the urban form by requiring a set location for
the buildings as opposed to the range of possible locations that a minimum setback
allows. The build-to line can be adjusted by utilizing maximum building setbacks.
Burden of Proof. The duty of producing evidence or establishing a given proposition in
order to establish that the party seeking affirmative relief or action is entitled to relief or
action by the applicable ordinances and statutes.
Business Park. A development on one or more lots/parcels under common ownership
with 2 or more separate buildings to accommodate light industrial uses, including, but
not limited to, office research and development, manufacturing, assembly, warehousing
and distribution, large administrative headquarters, and other professional and
administrative uses. Light industrial uses permitted within the business park have no
significant potential for major pollution, adverse visual impacts, or nuisance or hazard
factors; and are planned, designed, constructed and managed on an integrated and
coordinated basis with special attention given to on-site vehicular circulation, off-street
parking, utility needs, building design and orientation and open space, landscaping,
noise control, outdoor storage and other site improvements as may be required by this
Code.
C
Calendar Day. Any day of the year, including official City holidays and weekends. If any
effective date or deadline falls on a weekend or holiday, the date or deadline will be
effective on the next City working day.
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Cannabinoid. Any of the chemical compounds that are the active constituents of
marijuana.
Cannabinoid Concentrate. A substance obtained by separating cannabinoids from
marijuana by:
(1) A mechanical extraction process; or
(2) A chemical extraction process using a nonhydrocarbon-based or other solvent, such
as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.
Cannabinoid Edible. Food or potable liquid into which a cannabinoid concentrate,
cannabinoid extract or dried marijuana leaves or flowers have been incorporated.
Cannabinoid Extract. A substance obtained by separating cannabinoids from
marijuana by:
(1) A chemical extraction process using a hydrocarbon-based solvent, such as butane,
hexane or propane;
(2) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide,
if the process uses heat or pressure; or
(3) Any other process identified by the commission, in consultation with the authority, by
rule.
Cannabinoid Product. A cannabinoid edible and any other product intended for human
consumption or use, including a product intended to be applied to the skin or hair that
contains cannabinoids or dried marijuana leaves or flowers.
Carport. A roofed accessory structure providing parking space which is open on two or
more sides.
Cell. A geographic area where a single radio transmission sending/receiving station (per
provider) and the equipment necessary to connect these radio calls to land lines or other
cells are located.
Certificate of Occupancy. A document issued by the Building Official allowing the
occupancy or use of a structure and demonstrating that the structure or use has been
constructed in compliance with all applicable City codes and ordinances.
Change of Use. A change from one existing permitted use to another permitted use in
the applicable zoning district. Change of use includes changes that require construction
or alteration to land or water outside of existing buildings, structures, or open storage
areas; and that substantially alters or affects land or water—also, as used in SDC
3.4.280C., making a different use of the land or water. Change of use does not include a
change of use of a building or other structure that does not substantially alter or affect
the land or water upon which it is located, the sale of property, or modifications of
existing structures, as may be permitted by this Section.
Commented [RM3]: Review this definition to make sure it
matches up with new use categories, site plan process, and MDS,
etc.
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Childcare Facility. Any facility that provides child care to children, including a day
nursery, nursery school, child care center, certified or registered family child care home,
or similar unit operating under any name. Also see ORS 329A.
For the purpose of a “Registered or Certified Child Care Facility” as allowed by ORS
239A.440, the following terms apply:
“Certified” means the certification that is issued under ORS 329A.280 by the Office of
Child Care to a family child care home, child care center, or other child care facility.
“Registered” means the registration that is issued under ORS 329A.330 by the Office of
Child Care to a family child care home where care is provided in the family living
quarters of the provider’s home.
ORS 329(A).250
(5)“Child care facility” means any facility that provides child care to children, including a
day nursery, nursery school, child care center, certified or registered family child care
home or similar unit operating under any name, but not including any:
(a) Preschool recorded program.
(b) Facility providing care for school-age children that is primarily a single
enrichment activity, for eight hours or less a week.
(c) Facility providing care that is primarily group athletic or social activities
sponsored by or under the supervision of an organized club or hobby group.
(d) Facility operated by:
(A) A school district as defined in ORS 332.002;
(B) A political subdivision of this state; or
(C) A governmental agency.
(e) Residential facility licensed under ORS 443.400 to 443.455.
(f) Babysitters.
(g) Facility operated as a parent cooperative for no more than four hours a day.
(h) Facility providing care while the child’s parent remains on the premises and is
engaged in an activity offered by the facility or in other nonwork activity.
(i) Facility operated as a school-age recorded program.
Church. See “Place of worship”.
City. The City of Springfield.
City Council. The Springfield Common Council.
City Engineer. An Oregon Registered Professional Engineer who is an officer of the
City and is charged with the supervision and construction of public improvements and
the enforcement of City ordinances as they relate to public improvements, or a duly
authorized representative.
City Recorder. The Springfield Finance Director, or a duly authorized representative.
City Surveyor. An Oregon Registered Professional Land Surveyor who is charged with
conducting surveys of City facilities and with the enforcement of certain City ordinances
and State statutes as they relate to subdivision and partitioning of land.
Commented [RM4]: Should we include all of the ORS def?
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Clean Water Act (CWA). A federal law established in 1972 to restore and maintain the
chemical, and physical and biological integrity of water, including lakes, river aquifers
and coastal areas.
Clinic. A facility consisting of single or multiple offices where a group of medical, allied
health professions and alternative caregivers provide diagnosis, care and treatment of
persons primarily on an outpatient basis.
Club. An association of persons (whether or not incorporated), religious or otherwise, for
a common purpose, but not including groups which are organized primarily to render a
service carried on as a business for profit.
Cluster Subdivision. A form of subdivision development that permits flexibility in
dimensional requirements by reducing lot/parcel size, setback, street width and other
developmental standards to allow a more flexible design than is permissible under the
conventional subdivision process. This form of subdivision preserves open space and
creates innovative residential designs that emphasize affordability and home ownership.
Commercial Use – the use of land involving buying or selling of goods and services as
the primary activity.
Common Courtyard. A common area for use by residents of a cottage cluster. A
common courtyard may function as a community yard. Hard and soft landscape features
may be included in a common courtyard, such as pedestrian paths, lawn, groundcover,
trees, shrubs, patios, benches, or gazebos.
Common Wall. A wall or set of walls in a single structure shared by two or more
dwelling units. The common wall must be shared for at least 25 percent of the length of
the side of the building of the dwelling units. The common wall may be any wall of the
building, including the walls of attached garages.
Community Park. A park, normally between 15 and 100 acres in size, which provides a
variety of moderate density use recreation and/or cultural opportunities and is centrally
located for citizens of the community and immediate outlying areas.
Conceptual Street Map. A map adopted into the Transportation System Plan depicting
existing and future multi-use path and arterial and collector street alignments.
Condominium. A form of ownership that is regulated in part by ORS 100.005 et seq.
that may be applied to any dwelling type. Existing and new dwellings may be converted
to condominium ownership; however, new dwellings must comply with the development
standards specified in this Code for the particular type of dwelling.
Congregate Care Facility. A building serving more than 15 elderly or infirm persons
where daily meals are provided outside of each individual dwelling unit, on-site nursing
facilities are available and the majority of residents do not own automobiles.
Construction Activity. Includes, but is not limited to, clearing, grading, excavation, and
other site preparation work related to the construction of buildings, and heavy
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construction (for example, highways, streets, bridges, tunnels, pipelines, transmission
lines and industrial non-building structures)
Convenience Store. A small grocery typically open extended hours.
Corporate Headquarters. A building or portion of a building in which persons are
employed in the management or direction of a business consisting of one or more
divisions or groups of companies. To be considered a corporate headquarters, the
business must meet the applicable employee threshold specified elsewhere in this Code.
Businesses that do not meet the applicable employee threshold are considered an
administrative office.
Cottage. An individual dwelling unit that is part of a cottage cluster.
Cottage Cluster. A grouping of no fewer than four dwelling units per gross acre, each
with a footprint of less than 900 square feet that includes a common courtyard. Cottage
Cluster units may be located on a single Lot or Parcel, or on individual Lots or Parcels.
Cottage cluster may also be known as “cluster housing,” “cottage housing,” “bungalow
court,” “cottage court,” or “pocket neighborhood”. See SDC 4.7.325 Cottage Cluster.
Cottage Cluster Project. A development area with one or more cottage clusters. Each
cottage cluster that is part of the cottage cluster project must have its own common
courtyard.
Courtyard. An open, unoccupied space other than a required exterior yard, which
usually provides amenities such as gardens, planters, seating, or art.
Courtyard housing. Detached “zero lot line” dwellings on individual lots subject to the
same standards as detached single unit dwellings, except that a three-foot minimum
side yard setback is required on one side of a typical lot. This type of housing allows
development on smaller (i.e., narrower) lots and provides usable outdoor living area in
side-oriented yards. See SDC 4.7.335, Courtyard Housing.
Deleted: site
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Figure 6.1-A. Courtyard housing
Cul-de-Sac. A short local street which has one end open to traffic and is terminated by a
vehicle turn around, the cul-de-sac bulb.
Cultivation or Cultivate. All phases of growth of marijuana from seed to harvest.
Curb. The raised concrete border along the edge of a street or paved area.
Curb Cut. The opening along the curb line at which point vehicles may enter and/or
leave the public street.
Cut. A portion of land surface from which earth is removed by excavation; the depth
below the original ground surface or excavated surface.
D
Dance Hall. Any place of business whose primary function is dancing.
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Dbh. The diameter of a tree measured 4-1/2 feet above the ground at the base of the
tree.
Dedication. The transfer of property interests from private to public ownership for a
public purpose.
Delineation. (From Oregon Health Department rules): The determination of the extent,
orientation, and boundaries of a wellhead protection area using factors, for example:
geology, aquifer characteristics, well pumping rates and time of travel.
Demolition. Razing, destroying, dismantling, defacing, or in any other manner causing
partial or total ruin of an Historic Landmark Site or Structure within or outside of a
designated Historic Landmark District.
De Novo. A hearing where new evidence may be provided, distinguished from a hearing
based solely on an existing record.
Density, net. The number of dwelling units for each acre of land in residential use,
excluding: dedicated streets; dedicated parks; dedicated sidewalks; and other public
facilities.
Density, gross. The number of dwelling units for each acre of land including, but not
limited to, areas devoted to streets, parks, sidewalks, and other public facilities.
Design Standard. A standard related to the arrangement, orientation, materials,
appearance, articulation, or aesthetic of features on a dwelling unit or accessory
elements on a site. Design standards include, but are not limited to, standards that
regulate entry and dwelling orientation, façade materials and appearance, window
coverage, driveways, parking configuration, pedestrian access, screening, landscaping,
and private, open, shared, community, or courtyard spaces.
Designated Beneficial Use. The purpose or benefit to be derived from a watercourse.
For the Willamette and McKenzie Rivers and all other streams and tributaries, the
following beneficial uses apply: Public domestic water supply, private domestic water
supply, industrial water supply, irrigation, live stock watering, anadromous fish passage,
salmonid fish rearing, salmonid fish spawning, resident fish and aquatic life, wildlife,
fishing, boating, water contact recreation aesthetic quality and hydro power (excluding
the Willamette River).
Developable Acre. 43,560 square feet of land that can be developed that includes
common open space or recreational facilities reserved for the use of residents in a
development, but excludes public property, including, but not limited to, parks and
dedicated streets. At the request of the developer, the Director may exclude portions of
the site that cannot be developed due to physical constraints, including, but not limited
to, natural resources that are listed within a local inventory.
Development. Any human-made change to improved or unimproved real estate,
including, but not limited to, a change in use; construction, installation or change of a
structure; subdivision and partition; establishment or termination of a right of access;
storage of materials, equipment or vehicles on the land; drilling and site alteration due to
land surface mining, filling, grading, dredging, paving, excavation or clearing of trees and
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vegetation. Agricultural uses (including agricultural structures), when otherwise permitted
by the base zoning district, are exempt from this definition unless agricultural structures
are placed within adopted special flood hazard zones. As used in SDC 3.3.400,
Floodplain Overlay District, any human-made change to improved or unimproved real
estate located within the area of special flood hazard, including, but not limited to,
buildings and other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations. As used in SDC 3.4.280(C), any activity within the Glenwood
Riverfront portion of the WG Overlay District that would alter the elevation of the land;
remove or destroy plant life; cause structures of any kind to be installed, erected, or
removed; or result in a measurable change of any kind.
Development and Public Works Department. The department responsible for the
administration of this Code and the implementation of the Metro Plan within Springfield’s
Urban Growth Boundary.
Development Approval. Approval granted by the Director for a development which is in
compliance with this Code and the Metro Plan and precedes the issuance of a Building
Permit.
Development Area. The area subject to any application required by this Code.
Development, Phased. A project that is developed incrementally, with each phase
capable of functioning independently of the others.
Development Review Committee. City staff, representing each affected division and
department of the City, and affected agencies and utility providers that meet on a regular
basis to review land use requests and development proposals.
Direct Tributary to a Water Quality Limited Watercourse. A direct tributary to a Water
Quality Limited Watercourse (WQLW) is one that flows directly into a WQLW, excluding
those watercourses that flow into the WQLW as a piped connection, where the pipe
system extends more than 200 feet upstream of the connection point or is one that is a
diversion from a WQLW and that discharges into either a WQLW or other direct tributary
to a WQLW and where the water quality if the diverted flow at the discharge point has
been degraded when compared with the water quality at the diversion point.
Director. The Development and Public Works Director or the duly authorized
representative who is responsible for the administration and interpretation of this Code.
Discretionary Use. Any use not permitted outright in a particular zoning district because
of its potentially incompatible characteristics requiring review by the Planning
Commission or Hearings Official to determine whether that use should be permitted, and
if so, adding any conditions of approval necessary to ensure compatibility with adjacent
uses.
DNAPL, Dense Non-Aqueous Phase Liquids. A group of hazardous materials that are
denser-than-water (specific gravity greater than one), have low solubility rate, and
degrade slowly to other compounds that are even more of a health hazard. For the
purpose of Springfield’s drinking water protection, DNAPL chemicals are defined as “all
chemicals displaying the characteristics of a DNAPL chemical or a material containing a
substance considered a DNAPL chemical.” A list of DNAPLs regulated within the
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Drinking Water Protection Overlay District must be as adopted by SUB on November 10,
1999.
Door area. The area of the portion of a door other than a garage door that moves and
does not include the frame.
Downtown Exception Area. An area defined by the Willamette River on the west, 8th
Street on the east, the alley between north B and north C Streets on the north, and a line
north of the Southern Pacific Railroad tracks on the south.
Downtown Planning Area. The area under the jurisdiction of the Springfield Downtown
Refinement Plan that includes Springfield’s traditional Downtown area and the Booth-
Kelly redevelopment area.
Drainage Way. A natural or constructed watercourse which has the specific function of
transmitting stream water or storm run-off water from a point of high elevation to a point
of low elevation which convey significant seasonal concentrations of water over the
surface of the land.
Dripline. A roughly circular land area measured beneath a tree. The approximate center
of the area is the trunk of the tree, and the radii are equal to the horizontal measures of
the longest branches.
Drive-Through Business. An establishment that sells products or provides services to
occupants in vehicles where payment is made and the product or service is picked up at
a drive-up window. This use includes, but is not limited to, the operation of drive-up or a
drive-through service at a restaurant, bank or financial institution, personal services, and
retail sales (e.g., pharmacy).
Driveway. A vehicular access that provides connection between a structure or parking
area on private property and the public street system. “Driveway” may include a private
easement to provide vehicular access to more than two or more properties.
Driveway approach. The edge of a driveway where the driveway abuts a public right of
way.
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Figure 6.1-B. Driveway approach
Driveway, Curb Return. A driveway defined on both sides by a full height curb.
Driveway, Joint Use. A driveway serving two or more properties.
Driveway, Standard Driveway. A driveway created by depression of the street curb at
its approach.
Drop-Off Space. A paved, clearly marked short-term (less than 20 minutes) parking
space, generally within 50 feet of a main building entrance, separated from required
parking for staff and long-term visitors.
DSL. The Oregon Department of State Lands.
Duplex. Two dwelling units on one lot or parcel in any configuration. Units may be
attached vertically or horizontally or detached.
Dwelling Unit (Dwelling or unit). A single unit providing complete independent living
facilities for one or more persons, including permanent provisions for living, sleeping,
eating cooking and sanitation.
E
Easement. An interest in property owned by another that entitles its holder to a specific
limited use or enjoyment of that property.
Elevation. The term is based on context and is either: a vertical distance above or below
a fixed reference level; or a particular side of a building.
Deleted: flat scale drawing of the front, rear or side
Commented [KK5]: As used in the middle housing code and
confirmed by dictionary definition, an "elevation" is the side of the
building, not a drawing of the side of the building. If the code
requires an "elevation plan" or "elevation drawing," for example, it
would be redundant to define "elevation" as the drawing. (I also
note that you have used "elevation" in place of the model code's
"facade" for the middle housing standards - I think that's a good
swap)
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Emergency Shelter. The use of a church, school, motel, hotel, or other structure for
housing the homeless on a short term basis due to a natural disaster or other reason.
Endangered Species Act (ESA). A Federal law established in 1973 that provides
significant protection for various species of fish, wildlife and plants facing extinction that
are listed as needing protection.
Engineer. A Registered Professional Engineer, licensed by the State of Oregon to
practice in a specific branch of engineering.
Engineering Design Standards and Procedures Manual (EDSPM). A document
containing design standards and procedures prepared by the Public Works Department
and adopted by resolution of the City Council. These standards and procedures are
applicable to public and private improvements and allow City staff to provide certainty to
developers and consultants to ensure safe, efficient, and cost effective transportation,
sanitary sewer, and stormwater management system projects within the City and its
Urban Growth Boundary.
Excavation. The mechanical removal of earth material.
Exempt Tree or Vegetation. The full height and breadth of vegetation that the Director
has identified as “solar friendly” as specified in this Code; and any vegetation listed on a
plat map, a document recorded with the plat, or a solar access guarantee as exempt.
Ex Parte, Communication. A communication made at the instance of, or for the benefit
of one party without notice to, contest by, or at least without an opportunity to be heard
being given to other parties who will be bound or directly affected by the communication.
Ex Parte, Proceeding. An action taken at the instance or benefit of one side only
without notice to, contest by, or without the opportunity to be heard by other parties who
will be bound or directly affected by the proceeding.
Extension, Floor Area. An increase in the amount of floor area within an existing
building.
Extension, Architectural. Architectural appendages, including, but not limited to,
cornices, eave overhangs, porches and balconies extending beyond an exterior wall of a
building. (See also Accessory Structure.)
Exterior. Any portion of the outside of an Historic Landmark Site or Structure or any
addition thereto which can be seen from a public place.
F
FCC. The Federal Communications Commission; the Federal agency that regulates
interstate and international communications by radio, television, wire, satellite and cable.
Fell. To remove or cut a tree or the intentional use of any procedure, the natural result of
which is to cause the death or substantial destruction of the tree. Fell does not include
normal trimming, pruning or topping of trees.
Deleted: Family. Two or more persons related by blood, legal adoption, guardianship or marriage living together; or unless modified by the Federal Fair Housing Law as it relates to people with disabilities, a group of not more than 5 persons who need not be related (as above) living together in a dwelling unit.
Commented [KK7R6]: We should get rid of this. HB 2583
prohibits occupancy limits based on relationships between related
or unrelated people - only limits based on factors like bedrooms,
square footage, etc., are allowed. HB 2583 goes into effect Jan. 1,
2022.
Deleted: ¶
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Fence. A structure which serves as an enclosure, barrier or screen that is not part of a
building.
Fence, Sight Obscuring. A fence which screens an area or object, including, but not
limited to, solid wood or metal fences or slatted cyclone fences.
Fill. Sand, gravel, earth or other approved materials of any composition placed or
deposited on the earth's surface by humans.
Final Map. The finished drawing of the survey of a property line adjustment containing
information necessary to comply with this Code and requirements resulting from review
of the Preliminary Plan.
Final Site Plan. The plan containing information necessary to comply with this Code and
requirements resulting from review of the Preliminary Site Plan to which all construction
improvements must conform.
Final Survey. The recorded survey of a property line adjustment containing information
necessary to comply with this Code and any conditions of approval resulting from review
of the Preliminary Survey.
Finance Department. The Springfield Finance Department.
Finding. A written statement of facts, reasoning in support of conclusions, and
determinations based on the evidence presented in relation to adopted criteria that are
accepted by the Approval Authority in support of a decision.
Flood/Flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters and/or the unusual
and rapid accumulation of run-off of surface waters from any source.
Flood, Base. The flood having a one percent chance of being equaled or exceeded in
any given year. Also referred to as the “100 year flood.” Designation on maps always
includes the letters A or V.
Flood Hazard, Area of Special. The land in the floodplain subject to a one percent or
greater chance of flooding in any given year. Designation on maps always includes the
letters A or V.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the applicable
risk premium zones.
Flood Insurance Study. The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the
water surface elevation of the base flood.
Flooding, Area of Shallow. A designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and intermediate; and,
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velocity flow may be evident. AO is characterized as sheet flow and AH indicates
ponding.
Floodway. The channel of a river or other watercourse and the adjacent land areas that
is reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floor Area. The enclosed area of each full floor area a building measured to the
external face of the external walls.
Floor Area Ratio (FAR). The amount of floor area of a building or structure in relation to
the amount of site area, expressed in square feet. For example, a floor area ratio of 0.7
to 1 means 0.7 square feet of floor area for every one square foot of site area. FAR is
calculated by dividing the total floor area of building by the total site area. See Figure
6.1-C
Figure 6.1-C. Floor Area Ratio
Foster Home. Any dwelling or facility maintained and operated for the boarding and
housing of more than 5 children who are not related by blood or marriage to the
owner/operator of the dwelling or facility.
Commented [KK8]: HB 2583 makes this regulation
inapplicable. We likely cannot regulate foster homes differently
than single dwellings.
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Fourplex. Four dwelling units on one lot or parcel. Units may be attached vertically or
horizontally or detached.
Fraternal Organization. A group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings, rituals and formal
written membership requirements.
Frequent Transit Corridor. Arterial and collector roadways forming a Frequent Transit
Network, as identified in the adopted Springfield Transportation System Plan,
representing the highest order of transit service along major thoroughfares within the
City. Characteristics of Frequent Transit Network corridors include, but are not limited to:
10-15 minute transit frequency during peak travel times, a well-connected street and
transit network providing circulation integrated with pedestrian and bicycle connections,
support and compatibility with urban design goals for development along the corridors,
geographically equitable coverage serving populations protected by Title VI of the 1964
Civil Rights Act, and high-quality transit station amenities.
Front Façade. The façade with the main entry door and front porch or recessed entry.
Frontage. That portion of a lot or parcel that abuts a dedicated public alley, street, or
highway or an approved private alley, street, or shared court private access drive.
Future Development Plan. A line drawing (required for some land division proposals, or
building permits in the City’s urbanizable area) that includes the following information:
the location of future right-of-way dedications based on the Springfield Transportation
System Plan (including the Conceptual Street Map); block length and lot/parcel size
standards of the SDC; a re-division plan at a minimum urban density established in this
Code based on the existing Metro Plan designation of the property for any lot/parcel that
is large enough to further divide; and the location of hillsides, riparian areas, drainage
ways, jurisdictional wetlands and wooded areas showing how future development will
address preservation, protection or removal.
G
Garage. A completely enclosed accessory building or portion of a main building intended
for the parking of motor vehicles.
Garage, Repair. A building used for the repair of motor vehicles, including body and
fender work, painting, or engine and transmission overhaul.
Grade. The degree of rise or descent of a sloping surface.
Grade, Average Finished. The average finished ground level at the midpoint of all walls
of a building. Where walls are parallel to and within five feet of a sidewalk, alley or public
way, the ground level is measured at the elevation of the sidewalk, alley or public way.
Grade, Finished. The elevation of the surface of excavation or fill placement.
Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in
its cut or filled condition.
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Gross Acre/Gross Acreage. A measurement of land that occurs before public streets
or other areas reserved for public use are deducted from that land.
Gross Density. See “Density, gross”.
Gross Floor Area. The total floor area of a building including areas used exclusively for
the service of a building; for example: mechanical equipment spaces and shafts;
elevators; stairways; escalators and ramps; public restrooms; and enclosed loading
docks or ramps.
Ground Cover. Grasses or nursery plants cultivated to keep soil from being blown or
washed away.
Group Care Home. Any dwelling or facility maintained and operated exclusively for the
care, boarding, housing and rehabilitation of more than 15 persons who are ill, physically
or mentally disabled, and/or elderly, the majority of whom generally do not drive an
automobile. This definition includes but is not limited to homes for the aged, nursing
homes and congregate care facilities.
H
Halfway House. Any dwelling or facility for the care, boarding and housing of more than
5 persons who have been released from institutional care or who are placed in lieu of
institutional care, i.e., work release programs.
Hazardous Materials. Those chemicals or substances which are physical or health
hazards as defined and classified in the most recently adopted or amended Fire Code by
the City, whether the materials are in usable or waste condition.
Hazardous Waste. Consistent with the Federal Resource Conservation and Recovery
Act, a waste or a combination of wastes, which because of its quantity, concentration, or
physical, chemical or infectious characteristics may cause or significantly contribute to
an increase in serious irreversible illness or pose a substantial present or potential
hazard to human health, safety, welfare or to the environment when improperly treated,
stored, transported, used or disposed of, or otherwise managed; however, not to include
solid or dissolved materials in irrigation return flows or industrial discharges which are
point sources subject to permits under the Federal Water Pollution Control Act of 1967
as amended, or source, special nuclear, or by product material as defined by the Atomic
Energy Act of 1954.
Hearings Authority. An individual or group designated to hear Type 3 applications for
land use decision.
Heliport. An area, either at ground level or elevated on a structure, licensed or approved
for the loading and takeoff of helicopters, and including auxiliary facilities, for example:
parking, waiting room, fueling and maintenance equipment.
Helistop. A heliport, but without auxiliary facilities, for example: parking, waiting room,
fueling and maintenance equipment.
High Impact Facility. A public or semi-public facility which serves development and
which requires pre-planning or discretionary approval and special design features to
Deleted: unrelated
Commented [KK9]: It appears that group care homes are
subject to HB 2583 so definition needs to remove "unrelated" or
"related" references and just stick to overall number of occupants.
Deleted: unrelated
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mitigate land use conflicts, including, but not limited to, visual, olfactory, or auditory
impacts.
Highway Ready. Reference to a recreational vehicle that is on wheels or a jacking
system, is attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions.
Hillside Area. Any area in which the average slope exceeds 15 percent.
Historical Commission. The Springfield Historical Commission.
Historic Site. A structure or place of historic and cultural significance and designated
accordingly by the City, State or Federal Government.
Historic Landmark District. A geographic area designated in accordance with this
Code which includes Historic Landmark Sites or Structures.
Historic Landmark Inventory. A list of sites or structures which have been designated
“Historic Landmark” in accordance with this Code.
Historic Landmark Site or Structure. A building, structure, object, site or geographic
area, within the city limits and the City’s urbanizable areas, within or outside of a
designated Historic Landmark District, which has been listed on the Historic Landmark
Inventory.
Homeowner’s Association. A non-profit association governed by a declaration of
protective restrictions, conditions, covenants, and charges made by the developer
through which each lot/parcel owner or other described land area owner of a
development is automatically subject. The purpose of the homeowner's association is to
provide reasonable rules and regulations to enforce the covenants and restrictions and
to keep, control, and maintain the common properties within the development. The
association also provides for the assessment procedure to assure necessary funds. If
the property is to be developed in phases, all phases must belong to the same
association. The City Attorney must review drafts of the declaration prior to Final Plat
approval.
Hospital. A facility consisting of one or more buildings where health practitioners, allied
health professions and alternative caregivers provide diagnosis, care and treatment of
persons including convalescence and care during and after pregnancy, or for any other
reason, where patients may be admitted for short-stay, day surgery, emergency service
or overnight stay, or for a longer period.
Hotel. A building in which lodging is provided to guests for compensation, consisting of a
lobby and individual sleeping quarters, typically without cooking facilities, with separate
entrances opening directly to an internal hallway. Parking may be on-site or in a
separate parking structure.
Hybrid Multi-Way Boulevard. A street design that accomplishes the fundamental goal
of vehicular through traffic movement including transit facilities and also creates a
pedestrian-friendly environment by providing slip lanes for local traffic, on-street parking,
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safe pedestrian and bicycle facilities, and by locating buildings closer to or at the right-of-
way line.
I
Impervious Surface. Any surface that either prevents or delays the infiltration of water
into the soil as it entered under natural conditions preexistent to development, and/or a
surface area that causes water to run off the surface in greater quantities or at an
increased rate of flow than prior to development. Common impervious surfaces include:
building roofs; traditional concrete or asphalt paving on walkways, driveways, parking
lots, gravel lots and roads; and heavily compacted earthen materials.
Improvement Agreement. A written agreement, executed by the property owner in
consideration for the City deferring the construction of public improvements required for
the development.
Incidental Equipment. Rooftop or pole mounted structures that cast insubstantial
shadows or have minimal visual impact, including, but not limited to: antennas,
chimneys, solar collectors, small satellite dishes and flagpoles, but excluding large
satellite dishes. (See also Accessory Structure.)
Increase in Impact/Increased Impact. This definition includes, but is not limited to,
additional traffic or noise generation, additional run-off or increase in impervious surface,
additional shadow casting or diminished views, additional air or water borne pollution,
additional hours of operation, or an increase in the risk of fire or structural hazard as the
result of development.
Incubator Development. Facilities that accommodate new business establishments
spun-off from the research, development, and testing laboratories of a major institution,
a related institution, or larger high- or bio-technology industry. If on-site manufacturing or
production capabilities are included within an incubator development, the establishment
will be classified as an industrial use.
Industrial Park. A development on one or more lots/parcels under common ownership
with two or more separate buildings that are designed, constructed and managed on an
integrated and coordinated basis. Industrial parks are intended to accommodate heavy
industrial uses as primary uses and office research and development, light
manufacturing, light assembly, warehousing and distribution, large administrative
headquarters, and other professional and administrative uses as secondary uses.
Infill. The development of vacant, bypassed lands located in an area that is mainly
developed.
Infill, residential:
(1) The development of up to four dwellings on land that is designated for residential
use where at least 75 percent of the abutting properties have a structure, but not
counting any abutting property that is large enough that it can be divided into five
or more lots, or is currently developed with multiple unit housing.
(2) A situation in which a single unit dwelling is removed to make way for up to four
new dwellings (e.g., a single unit dwelling, duplex, triplex, or fourplex).
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(3) “Residential infill” does not apply to land that is large enough that it can be divided
into five or more lots consistent with the minimum lot size of the zoning district.
Invasive Plants. Non-native plants that spread quickly, are highly competitive and
difficult to control or eliminate. Introduced intentionally or accidentally through human
actions and spread by seed, by birds, by wind, or vegetatively, these exotic plants can
destroy native plants, choke waterways, degrade recreational areas and necessitate
costly maintenance. The Invasive Plants List is a listing of plants that the City considers
undesirable for use in landscaping within its jurisdiction.
Inventoried Natural Resource. Any scenic areas, water areas, vegetation, wildlife and
wildlife habitat that appears in an adopted Metro Plan Inventory.
J
Joint Use Access Agreement. A legally binding agreement between two or more
property owners describing the rights and responsibilities of each owner regarding the
use of a shared access to a public street.
K
Kennel. Any premises on which three or more dogs over the age of 6 months are
housed, groomed, boarded, trained or sold for compensation.
L
Land and Drainage Alteration Permit (LDAP). A City permit for any fill, grading and
excavation that is required before any site preparation work can begin.
Landscape Architect. A person registered with the State of Oregon to practice
Landscape Architecture.
Landscaping. The term “landscaping” includes, but is not limited to, vegetative ground
cover, grass, shrubs, trees, flowers and garden areas, ornamental concrete or
stonework areas, permanent outdoor furniture and permanent irrigation. “Landscaping”
also includes retention or reintroduction of native vegetation.
Land Use Decision. A final decision or determination made by the Planning
Commission, Hearings Official or City Council that concerns the adoption, amendment or
application of the Statewide Planning Goals; a Metro Plan or refinement plan provision; a
land use regulation; or new land use regulation. This definition does not include a
decision which does not require interpretation or the exercise of factual, policy, or legal
judgment; approves, approves with conditions or denies a subdivision or partition; or
approves or denies a building permit.
LEED (Leadership in Energy and Environmental Design). A nationally accepted
benchmark for the design, construction and operation of high-performance, energy-
efficient buildings.
Light Industrial Manufacturing. The secondary processing of previously prepared
materials into components or the assembly of components into finished products. In the
Campus Industrial District this use is divided into categories as follows based upon the
number of employees at occupancy: large-scale means 50 or more employees; medium-
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scale means 20—49 employees; small-scale means fewer than 20 employees per
business. These thresholds are applicable at the time of new development. In the case
of redevelopment, the Director may reduce these thresholds if the applicant submits a
business plan stating that the threshold can be met by a date certain.
Linear Park. A public or private park that provides public access to trail-oriented
activities, which may include walking, running, biking, or skating, and preserves open
space. A linear park consists of a multi-use path, pedestrian trail, or bikeway, and related
facilities.
Listed Species. The Endangered Species Act provides for listing plant and animal
species into the following categories: Listed Endangered Species and Listed Threatened
Species. An endangered species is an animal or plant listed by regulation as being in
danger of extinction. A threatened species is any animal or plant that is likely to become
endangered within the foreseeable future.
Live/Work Unit. An integrated dwelling unit and working space that is occupied and
utilized by a single housekeeping unit in a structure that has been modified or designed
to accommodate joint residential occupancy and work activity. The live/work unit must
include complete kitchen and sanitary facilities in compliance with applicable building
standards. The working space must be reserved for and regularly used by one or more
occupants of the unit (e.g., professionals, entrepreneurs, and artists), in addition to any
other employees. The commercial/employment use must be allowed only as permitted
by the applicable zoning district.
Loading Space. An off-street space or berth serving a business for the temporary
parking of commercial vehicles while loading or unloading, while not block driveway
aisles and having an appropriate means of ingress and egress.
Lot. A portion of land shown as part of a recorded subdivision or any area of land
described by metes and bounds in a recorded deed, record of survey or other
appropriate document, recorded in the office of the County Recorder that complies with
the provisions of the State of Oregon and this Code. Unless specifically exempted, land
that is divided or reconfigured without having been approved in accordance with this
Code cannot be deemed a buildable lot.
Lot Coverage. The area of a lot, parcel, property, or development area covered with
structure.
Lot/Parcel, Corner. A lot/parcel abutting two or more streets at their intersection, in
which the interior angle formed by the extensions of the street lines is 135 degrees or
less. In the event that any street line is a curve at its point of intersection with a lot/parcel
line other than a street line, the tangent of the curve at the point is considered the
direction of the street line.
Lot/Parcel Depth. The distance from the midpoint of the front lot/parcel line to the
midpoint of the rear lot/parcel line.
Lot/Parcel Dimension, North-South. The length of a line beginning at the midpoint of
the northern lot/parcel line and extending in a southerly direction perpendicular to the
northern lot/parcel line until it reaches a property boundary.
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Lot/Parcel Frontage. That portion of a lot/parcel which abuts a street. For the purpose
of determining yard requirements, all sides of a lot/parcel abutting a street is considered
frontage.
Lot/Parcel, Interior. A lot/parcel other than a corner lot/parcel and having frontage on
only one street.
Lot/Parcel Line. A line of record bounding a lot/parcel which divides one lot/parcel from
another or from a public or private street or any other public space.
Lot/Parcel Line, Front. The lot/parcel line abutting a street right-of-way. Where more
than one lot/parcel line abuts street right-of-way, the property address determines the
front lot/parcel line. For purposes of the solar access standards, it is the lot/parcel line
abutting a street. For corner lots/parcels, the front lot/parcel line is that with the
narrowest frontage. When the lot/parcel line abutting a street is curved, the front
lot/parcel line is the chord or straight line connecting the ends of the curve. For a
panhandle lot/parcel, the front lot/parcel line is the lot/parcel line that is most parallel to
and closest to the street, excluding the handle portion of the lot/parcel.
Lot/Parcel Line, Northern. The lot/parcel line that is the smallest angle from a line
drawn true east-west and intersecting the northernmost point of the lot/parcel, excluding
the handle portion of a panhandle lot/parcel. If the north line adjoins an un-developable
area other than a required yard area, the northern lot/parcel line is at the north edge of
the un-developable area. If two lot/parcel lines have an identical angle relative to a line
drawn true east-west, then the northern lot/parcel line is a line 10 feet in length within the
lot/parcel parallel with and at a maximum distance from the front lot/parcel line.
Lot/Parcel Line, Rear. The lot/parcel line which is opposite and most distant from the
front lot/parcel line. For a triangular shaped lot/parcel, the “rear lot/parcel line” is a line
10 feet in length entirely within the lot/parcel, connecting the side lot/parcel lines, which
is parallel to the front lot/parcel line or parallel to the chord of a curved front lot/parcel
line.
Lot/Parcel Line, Side. Any lot/parcel line other than a front or rear lot/parcel line.
Lot/Parcel, Minimum Area of. The smallest lot/parcel area established by this Code on
which a use or structure may be located in a particular district.
Lot/Parcel, Panhandle. A lot/parcel which has access to a public right-of-way by means
of a narrow strip of land, commonly known as the “panhandle” or “handle.”
Lot/Parcel, Pan Portion. The portion of a panhandle lot/parcel, exclusive of the handle,
on which a structure may be placed.
Lot/Parcel, Through. A lot/parcel which fronts upon two streets which do not intersect
at the boundaries of the lot/parcel.
Lot/Parcel Width. The horizontal distance between the midpoints of the side lot/parcel
lines. The handle of a panhandle lot/parcel is not included when computing lot/parcel
width.
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Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that the enclosure is not built to render the structure in violation of
the applicable non-elevation design requirements.
Low Impact Facility. Any public or semi-public facility that has minimal olfactory, visual
or auditory impacts which is permitted subject to the design standards of this Code.
M
Maintain. To continue in existence; to preserve and care for a development area so that
it remains attractive and functional in accordance with the provisions of this Code.
Maintenance Inspection. A site inspection that identifies precisely what must be done
to a development previously approved by the City in order to comply with standards and
conditions in effect when the development was originally approved.
Major Electrical Transmission Line. An electrical transmission line which carries 115
KV or more of electricity.
Mall. A shopping center where stores front on both sides of a pedestrian way which may
be enclosed or open.
Manufactured Dwelling. A residential trailer, mobile home, or manufactured home.
(1) Residential Trailer. A structure constructed for movement on the public highways
that has sleeping, cooking, and plumbing facilities, that is intended for human
occupancy that is being used for residential purposes and was constructed before
January 1, 1962.
(2) Mobile Home. A structure constructed for movement on the public highways that
has sleeping, cooking, and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed
between January 1, 1962 and June 15, 1976, and met the construction
requirements of Oregon mobile home law in effect at the time of construction.
(3) Manufactured Home. A structure constructed for movement on the public
highways that has sleeping, cooking, and plumbing facilities, that is intended for
human occupancy, and was constructed on or after June 15, 1976 in accordance
with federal manufactured housing construction and safety standards in effect at
the time of construction.
Manufactured Dwelling Park. Any place where 4 or more manufactured dwellings are
located within 500 feet of one another on a lot/parcel or tract under the same ownership,
the primary purpose of which is to rent space to any person for a charge or fee paid or to
be paid for the rental use of facilities or to offer space free in connection with securing
the trade or patronage of the person. Manufactured dwelling park does not include a lot
located within an approved subdivision being rented or leased for occupancy by no more
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than one mobile home per lot if the subdivision was approved by local government unit
having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190.
Manufactured Dwelling Pad. A paved space in a manufactured dwelling park for the
placement of a manufactured dwelling that includes utility connections.
Manufactured Dwelling Space. Any portion of a manufactured dwelling park which is
designated or used for occupancy of one manufactured dwelling, including its accessory
structures and its outdoor living areas, but exclusive of space provided for the common
use of tenants for example, roadways and guest parking.
Manufactured Dwelling Space Line. A line within a manufactured dwelling park which
establishes setback distances from streets, accessory buildings or structures and other
manufactured dwellings.
Marijuana. The plant Cannabis family Cannabaceae, any part of the plant of the
Cannabis family Cannabaceae and the seeds of the plant Cannabis family
Cannabaceae. “Marijuana” does not include industrial hemp, as defined in ORS
571.300.
Marijuana Business. Any person or entity appropriately licensed by the Oregon Health
Authority or the Oregon Liquor Control Commission that sells, produces, cultivates,
grows, wholesales, processes, researches, develops or tests medical marijuana or
recreational adult use marijuana within the City of Springfield.
Marijuana Grow Sites. A specific location registered by the Oregon Health Authority
and used by the grower to produce marijuana for medical use by a specific patient.
Marijuana Items. Marijuana, cannabinoid products, cannabinoid concentrates and
cannabinoid extracts.
Marijuana Processing. The preparing, compounding, testing or conversion of marijuana
into cannabinoid products, cannabinoid concentrates, and cannabinoid extracts for
medical or recreational purposes.
Marijuana Production. The manufacture, planting, cultivation, growing, or harvesting of
marijuana as licensed by the Oregon Liquor Control Commission or Oregon Health
Authority.
Marijuana Retailer. A person or entity licensed by the Oregon Liquor Control
Commission or Oregon Health Authority to sell marijuana items to a consumer in this
state.
Marijuana Retail Outlet. A business location that sells marijuana items to a consumer
or patient.
Marijuana Testing Laboratory. A laboratory that tests marijuana items for producer,
processor, wholesaler or retail outlets.
Marijuana Wholesaler. A person or entity that purchases marijuana items in this state
for resale to a person other than a consumer.
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Market Area. The geographic area from which a particular use can reasonably expect to
attract customers.
Master Planned Community. Add the def. from OAR 660-046-0020(10)?
Medical Marijuana Dispensary. A medical marijuana facility or entity registered with the
Oregon Health Authority under ORS 475.300.
Metro Plan/Eugene-Springfield Metropolitan Area General Plan. The general land
use plan and policies for the Eugene/Springfield metropolitan area including any
subordinate refinement plan or functional plan. The controlling land use document for
urban, urbanizable and rural land under the jurisdiction of the Metro Plan.
Mid-Block Connector. A narrow street and/or a bicycle/pedestrian corridor not less than
20 feet in width that reduces larger blocks to more walkable dimensions (250 to 350 feet
maximum). A mid-block connector may be a public right-of-way or privately owned and
may include active use frontages with overlooking windows and pedestrian-level lighting.
Limited service or parking access to the interior of a block is encouraged. On-street
public parking may be provided, where feasible. Sidewalks may be located on each side
of a two-way street or on one side for a one-way street. A non-vehicular connector must
be designed as a “24-7” publicly accessible bicycle/pedestrian way.
Middle Housing. Duplexes, triplexes, fourplexes, cottage cluster housing, and
townhomes.
Minerals. Includes soil, coal, stone, crushed hard rock quarry products, metallic ore and
any other solid material or substance excavated for commercial, industrial or
construction use from natural deposits. “Minerals” do not include loam, sand, gravel or
other aggregate materials created and/or deposited by water movement.
Minimum Level of Key Urban Services. The minimum level of facilities and services
that are provided to an area in an orderly and efficient manner to allow urban
development to occur. They consist of sanitary sewers, solid waste management, water
service, fire protection, police protection, parks and recreation programs, electric service,
land use controls, communications facilities, public schools on a district-wide basis, and
paved streets with adequate provision for storm-water run-off and pedestrian travel.
Mining Spoils. All waste materials, solid, rock, mineral, liquid, vegetation and other
materials resulting from or displaced by quarry and mining extraction operations within
the operating permit area, including all waste materials deposited in or upon lands within
the operating permit area.
Mini-Warehouse. A building or group of buildings in a controlled-access and fenced
compound that contains varying sizes of individual, compartmentalized, and controlled-
access stalls or lockers for the storage of a customer's goods or wares. No sales,
service, or repair activities other than the rental of storage units are permitted on the
premises.
Mixed-Use Building or Development. A building or development characterized by
either a vertical or horizontal physical integration of uses. A mixed-use building is a
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structure at least two stories in height that includes a mix of uses such as retail and
office uses, residential and commercial uses, or commercial and light industrial uses. A
mixed-use development includes multiple buildings, usually of multiple stories, designed
to assure a diversity of compatible land uses that may include a mixture of residential,
office, retail, services, recreational, live/work units, flex space uses, and other
miscellaneous uses allowed in a zoning district.
Modification. A request submitted to change a final approval of any development
proposal or a modification as may be permitted to a Plan District development or building
standards.
Modification of application. The applicant’s submittal of new information after an
application has been deemed complete and prior to the close of the record on a pending
application that would modify a development proposal by changing one or more of the
following described components: proposed uses, operating characteristics, intensity,
scale, site layout (including but not limited to changes in setbacks, access points,
building design, size or orientation, parking, traffic or pedestrian circulation plans), or
landscaping in a manner that requires the application of new criteria to the proposal or
that would require the findings of fact to be changed. It does not mean an applicant’s
submission of new evidence that merely clarifies or supports the pending application.
Motel. A building or group of buildings in which lodging is provided to guests for
compensation, consisting of individual sleeping quarters, with or without cooking
facilities, with separate entrances opening directly on a parking area.
Multi-Use Path. A paved facility intended to be used by pedestrians, skaters (inline or
roller), and bicyclists that has no or minimal cross-flow by motor vehicles. The multi-use
path is generally designed for two-way travel. The multi-use path may be separated from
and aligned with the public right-of-way within an easement or located within the public
right-of-way.
Multiple Unit Housing. Five or more dwelling units on an individual lot or parcel, except
for Cottage Cluster housing, and not counting Accessory Dwelling Units (ADUs).
N
National Register of Historic Places. The official list, established by the National
Historic Preservation Act, of sites, districts, buildings, structures and objects significant in
the nation's history or whose artistic or architectural value is recognized.
Native Plants, Native Vegetation. Plant species that are indigenous to a local area and
adaptable to the local climate, soils and hydrology as distinguished from plant species
that have been deliberately or accidentally imported or introduced from other areas by
humans or human activities.
Natural Resources. These include, but are not limited to, water and geologic features,
significant natural vegetation, wildlife habitats and archaeological and scenic resources
as inventoried in the working papers of the Metro Plan.
Neighborhood Activity Center. Any public park or recreation facility, public or private
school, government service, commercially zoned property, or mixed-use zoned property.
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Neighborhood Park. A park, traditionally from 5 acres to 15 acres in size, which
provides easily accessible recreation areas serving neighborhood citizens and providing
high density active or passive use.
Neighboring. The area in the immediate vicinity of a proposed development that would
be materially affected by a proposal.
Net Density. See “Density, net”.
Noise Attenuating Barrier. A structural barrier designed and constructed with the
primary function of containing sound within a specific use area.
Noise Sensitive Property. Real property normally used for sleeping, or normally used
for schools, churches, hospitals or public libraries, excluding industrially related
residential uses, i.e., night watchman quarters.
Non-Commercial Agricultural Uses. The raising of crops, plants or farm animals on
property where allowed by this Code for the sole use of the owners or tenants of that
property and not for wholesale or retail sale.
Non-Exempt Tree or Vegetation. Vegetation that is not exempt from the solar access
regulations.
Notice. The announcement of a decision of the Director by mail to adjacent property
owners/occupants within 300 feet of the subject property indicating the nature of the
decision and the method of appeal; the announcement of a public hearing by mail to
property owners/occupants within 300 feet of the subject property and advertisement in
a newspaper of general circulation in the area, indicating the time, place and nature of
the public hearing in compliance with ORS 197.762.
NPDES. National Pollutant Discharge Elimination System.
O
OAR. Oregon Administrative Rule.
Official Zoning Maps. Maps delineating the boundaries of the various zoning districts
within the city limits and the City’s urbanizable area that are adopted by ordinance and
maintained by the Development Services Department.
Occupancy, Certificate of. A required certificate allowing occupancy of a structure or
development area after it has been determined that the requirements of this Code and
other applicable Codes have been met. No structure or development area may be
occupied without having first received a Certificate of Occupancy.
Open Space. Land or water essentially unimproved and set aside, dedicated, designed
or reserved for public use or enjoyment, or for the use and enjoyment of owners and
occupants of land abutting or neighboring the open space.
Open Space, Common. Land normally within or related to a development, not
individually owned or dedicated for public use, which is designed and intended for the
common use or enjoyment of the residents of the development and may include
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recreational and other accessory structures and improvements in accordance with this
Code.
Open Space, Private. Areas intended for the private use of an individual dwelling unit,
normally including patios and landscaped areas; not to include off-street parking,
maneuvering, loading or delivery areas, and designed for outdoor living and recreation.
Open Space, Public. Areas intended for public use, either privately owned and
maintained or dedicated to the City, normally including swimming pools, recreation
courts, patios, open landscaped areas, and greenbelts with pedestrian, equestrian, and
bicycle trails, not to include off-street parking or loading areas or driveways, and
designed for outdoor living and recreation or the retention of an area in its natural state.
ORS. Oregon Revised Statutes.
Outdoor Storage. The keeping in an unroofed area of any goods, junk, material,
merchandise or vehicles for more than 24 hours.
Outdoor Storage Area. A primary use that occurs on property for the purpose of
outdoor storage of vehicles, equipment or materials, including, but not limited to, vehicle,
equipment and boat sales or rental lots; commercial storage lots; mobile/manufactured
home, camper and RV sales lots; fleet parking lots; and lumber, gardening, fuel and
other similar building material yards.
Outdoor Storage Yard. A secondary use that occurs on any property for the purpose of
the outdoor storage of associated materials and equipment, other than wrecking yards.
Outfall. The point of discharge from a river, pipe, drain or other device to a receiving
watercourse.
Overburden. The soil, rock and similar materials that lie above natural deposits or
minerals.
Owner. An individual, firm, association, syndicate, partnership or corporation having
proprietary interest to seek development of land.
P
Parcel. This term includes a unit of land created by partitioning land as defined in ORS
92.010 that is in compliance with this Code and in the case of Property Line
Adjustments, properties created by deed or land sales contract, if there were no
applicable planning, zoning, or partitioning ordinances or regulations. A Parcel does not
include a unit of land created solely to establish a separate tax account.
Parking. The temporary storage of operational motor vehicles that are not for sale, lease
or rent and which are intended to be used for customers and employees of a business
and industry or residents and visitors in a residential development.
Parking Bay. An extension of the width of a street that allows for the parking of motor
vehicles, usually associated with hillside development.
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Parking Lot. An off-street area with a permanently maintained paved surface, for the
parking of motor vehicles.
Parking Space. A permanently maintained paved surface with proper access for one
standard size or compact automobile.
Parking Space, Disabled. A parking space that is reserved for use by disabled persons
who hold the appropriate permit issued by the Oregon Department of Motor Vehicles
and/or the Springfield Police Department.
Parking Space, Off-Street. An approved space for the parking of a motor vehicle which
is not located on a dedicated street right-of-way.
Partition Land. The division of land into two or three parcels within a calendar year, but
does not include:
(1) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract
for the sale of real property or the creation of cemetery lots;
(2) An adjustment of a property line by the relocation of boundaries where an additional
unit of land is not created and where the existing unit of land reduced in size by the
adjustment is not in conflict with any applicable Ordinance;
(3) A sale or grant by a person to a public agency or public body for State highway,
county road, city street or other right-of-way purposes provided that the road or right-
of-way complies with the applicable comprehensive plan and ORS 215.213(2)(q) to
(s) and 215.283(2)(q) to (s). However, any property divided by the sale or grant of
property for State highway, county road, city street or other right-of-way purposes
continue to be considered a single unit of land until the property is further subdivided
or partitioned;
(4) The division of land resulting from the recording of a subdivision or condominium
plat; or
(5) A sale or grant by a public agency or public body of excess property resulting from
the acquisition of land by the State, a political subdivision or special district for
highways, county roads, city streets or other right-of-way purposes when the sale or
grant is part of a property line adjustment incorporating the excess right-of-way into
adjacent property. The property line adjustment must be approved or disapproved by
the applicable local government. If the property line adjustment is approved, it must
be recorded in the deed records of the county where the property is located.
Partition Plat. A final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a partition.
Party. The following persons or entities are defined as parties:
(1) The applicant and all owners or contract purchasers of record, as shown in the files
in the Lane County Department of Assessment and Taxation, of the property which is
the subject of the application.
Commented [RM10]: Check procedures
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(2) Any person who makes an appearance and/or submits testimony to the Approval
Authority.
Pedestrian Trail. A surfaced path that is designed and reserved for the exclusive use of
pedestrian travel.
Pedestrian Way. A paved right-of-way through a block to facilitate pedestrian access to
adjacent streets and properties.
Permanent Irrigation System. An approved water piping system installed underground
for the purpose of irrigating all portions of landscaped areas.
Permit. Discretionary approval of a proposed development of land. “Permit” does not
include:
(1) A limited land use decision;
(2) A decision which determines the appropriate zoning classification for a particular use
by applying criteria or performance standards defining the uses permitted within the
zone, and the determination applies only to land within an urban growth boundary;
(3) A decision which determines final engineering design, construction, operation,
maintenance, repair, or preservation of a transportation facility which is otherwise
authorized by and consistent with the comprehensive plan and land use regulations;
or
(4) An expedited land division.
Person. An individual, corporation, governmental agency, business trust, estate,
partnership, association, or any other legal entity.
Petition for Improvement. A petition submitted for construction and improvements as
required by this Code.
Physical Features. These features include, but are not limited to, significant clusters of
trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map
and their riparian areas, wetlands and rock outcroppings.
Pipeline. A line of pipe with pumps, valves and control devices for conveying liquid,
gasses or finely divided solids.
Place of worship. A place for people to gather for religious activity. Examples include
church, synagogue, mosque, chapel, or meeting house. Includes associated uses as
described in SDC 4.7.370. (ORS 227.500)
Plan District. A planning tool that addresses concerns unique to an area when other
zoning tools cannot achieve the desired results. An area may be unique based on
natural, economic or historic attributes; be subject to problems from rapid transition in
land use; or contain public facilities that require specific land use regulations for their
efficient operation. Plan Districts provide a means to modify zoning regulations for
specific areas defined in special plans or studies. Each Plan District has its own
Commented [RM11]: From ORS 227.160(2)
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nontransferable regulations. This contrasts with base zone and overlay zone provisions,
which are intended to be applicable in more than one area. However, Plan Districts are
not intended for small areas or individual properties.
Planning Commission. The Springfield Planning Commission.
Planted. Landscaping with living plant materials consistent with SDC 4.4.100.
Plat. A map, containing all the descriptions, locations, specifications, dedications,
provisions or other information concerning a subdivision, partition or replat of either.
Plot Plan. A rough sketch map of a site plan or land division of sufficient accuracy to be
used for the purpose of the identification of issues and development impacts.
Prefabricated Dwelling. A building or structural unit that has been in whole or
substantial part manufactured at an off-site location to be wholly or partially assembled
on-site, but does not include a mobile home, trailer or recreational vehicle. Prefabricated
structures are regulated under the State of Oregon Structural Specialty Code.
Preliminary Approval. The approval prior to Final Approval, after specific elements of a
development or Site Plan have been approved by the Approval Authority and agreed to
by the applicant.
Preliminary Plan. A clearly legible drawing of the proposed lay out of the lots/parcels
involved in a property line adjustment which provides a basis for the Approval Authority
to approve or disapprove the application.
Primary Structure. A structure of chief importance or function on a site. In general, the
primary use is carried out in a primary structure. However, in the Low Density
Residential District (unless specified elsewhere in this Code), a site may have more than
one primary structure. The difference between primary and accessory structure is
determined by comparing the size, placement, similarity of design, use of common
building materials and the orientation of the structures on the site (See also Accessory
Structure and Accessory Dwelling Unit).
Private Elementary/Middle Schools. A facility operated by a person or private agency
offering education in kindergarten and/or grades 1-8 or any part thereof not as defined in
ORS 345.505 et. seq.
Private Park. A park available for public use owned by a non-public agency or private
individual.
Properly Functioning Condition. The state of the physical, chemical, and biological
aspects of watershed ecosystems that will sustain healthy salmonid populations.
Properly functioning condition generally defines a range of values for several
measurable criteria rather than specific, absolute values, including, but not limited to,
hydraulic run-off, transport, channel migration, native vegetation succession.
Property line. A line which divides one property from another or from a public or private
street or any other public space.
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Property Line Adjustment. The relocation of a common property line between two
abutting properties.
Public Facilities Plan. A Refinement Plan of the Metro Plan addressing sanitary and
storm sewers, water distribution systems and transportation. The transportation element
is addressed through the TransPlan.
Public Hearing. A meeting announced and advertised in advance that is open to the
public, with the public given an opportunity to provide testimony.
Public Utility Facility. Structures, facilities and equipment necessary to serve
development by a government, public utility, utility cooperative, or private company.
(1) Low Impact. Telephone and cable telephone lines, poles, junction boxes,
exchanges and repeater stations; electric power distribution lines (less than 69 KV)
and poles; sanitary sewer pipe lines, pumps or lift stations; storm sewer pipe lines,
ditches and other storm-water management or water quality ponds, wetland, or
swales; gas distribution pipe lines; water pipe lines, valves, well fields, pump stations
and attendant facilities; water reservoirs and water storage tanks less than 300,000
gallons or 30 feet in height, and water treatment facilities, including filtration plants,
less than 2.5 million gallon capacity per day.
(2) High Impact. Electric power transmission lines (greater than 69 KV), poles and
substations; gas pipe line valve stations; sanitary sewer treatment plants or effluent
ponds; water reservoirs and water storage tanks greater than 300,000 gallons or 30
feet in height; water treatment facilities, including filtration plants greater than 2.5
million gallon capacity per day; fire/ambulance stations.
Q
Quarry and Mining Extraction Operation. All or any part of the process of removing
mineral deposits exposed by any method, including open-pit mining operations, auger
mining operations, shaft mining, the construction of borrow pits, processing of extracted
minerals and exploration activities. Expansion of a quarry and mining extraction
operation is the enlargement of the operation requiring the modification of the
Reclamation Permit specified under ORS 517.790. Quarry mining and extraction
operation does not include normal road maintenance and stabilization of hillsides.
Quarry and Mining Operator. Any individual, public or private corporation, political
subdivision, agency, board or department of this State, any municipality, partnership,
association, firm, trust, estate or any other legal entity whatsoever that is engaged in
quarry and extraction operations.
Quarry and Mining Owner. The person possessing legal rights to the mineral deposit
being mined.
R
Reclamation. The employment of procedures in a quarry and mining extraction
operation designed to minimize as much as practicable the impact the operations have
on the environment, and to provide for the rehabilitation of land effected by the
operations. Reclamation includes the rehabilitation of plant cover, soil stabilization, water
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resource protection and other measures appropriate to the subsequent beneficial use of
the mined and reclaimed lands.
Reclamation Permit. Permission to operate a quarry and mining extraction operation (to
include a plan for reclamation) granted to an operator by the State Department of
Geology and Mineral Industries under the requirements of ORS 517.790, upon referral,
review and approval by the Director.
Recreation Center, Community. A public, indoor facility providing for a variety of
recreation/leisure-related activities, for example: swimming, meetings, court sports, arts
and crafts, dancing, banquets, parties, games, day-care, classes/instruction,
performances, fitness/exercise, and social referral services.
Recreational Marijuana. Any marijuana intended for recreational use which meets all
requirements for recreational marijuana contained in this Chapter, Oregon state law, and
any other applicable law.
Recreational Vehicle (RV). A vacation trailer or other unit, with or without motive power,
which is designed for human occupancy and to be used temporarily for recreational,
seasonal or emergency purposes and has a gross floor space of less than 400 square
feet. The term includes camping trailers, camping vehicles, motor homes, park trailers,
bus conversions, van conversions, tent trailers, travel trailers, truck campers and any
vehicle converted for use or partial use as a recreational vehicle. The unit must be
identified as a recreational vehicle by the manufacturer or converter.
Redevelopment. A project that entails construction activities, occurs on a previously
developed site and results in the addition or replacement of impervious surface.
Redevelopment does not include: Maintenance activities; Construction Activities
conducted to ameliorate a public health or safety emergency or natural disaster; and/or
Construction Activities within an existing footprint to repair or replace a site or a structure
damaged by a public health or safety emergency or natural disaster.
Refinement Plan Diagram. A map contained in a Refinement Plan showing plan
designations that are more specific than shown on the Metro Plan Diagram.
Regional Headquarters. A building or portion of a building in which persons are
employed in the regional management or direction of a business consisting of a number
of divisions or a regional subsidiary of a corporate headquarters. The divisions can be
either geographical or located within one building. To be considered a regional
headquarters, the business must meet the applicable employee threshold specified
elsewhere in this Code. Businesses that do not meet the applicable employee threshold
is considered an administrative office.
Regional Park. A large area of natural quality for outdoor recreation for example,
swimming, boating, camping and picnicking, and for wildlife habitat and natural resource
conservation. Generally comprising 100 acres or more, where 80 percent of the land is
reserved for natural open space and 20 percent is used for recreation development.
Registered or Certified Family Child Care Home. See Definition for Childcare Facility.
Also see ORS 329A.
Commented [RM12]: Def from MS4 permit.
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Registered Geologist. A person who is registered as a geologist by the State of
Oregon.
Replat, Major. The elimination and/or relocation of more than two exterior and/or interior
common boundary lines or property lines within a recorded Subdivision; or an increase
in the number of lots; or decrease of two or more lots within a recorded Subdivision.
Replat, Minor. The elimination and/or relocation of no more than two exterior and/or
interior common boundary lines or property lines within a recorded Subdivision or
Partition; or a decrease of one lot/parcel within a recorded Subdivision or Partition.
Relocation. A shift or rotation of a common boundary between two abutting lots or
parcels.
Research and Development. The study, testing, analysis, and development of
products, processes, or services, including the manufacturing of products. This use is
divided into categories as follows based upon the number of employees at occupancy:
large-scale means 50 or more employees; medium-scale means 20-49 employees;
small scale means fewer than 20 employees per business. These thresholds are
applicable at the time of new development. In the case of redevelopment, the Director
may reduce the at occupancy threshold if the applicant submits a business plan stating
that the threshold can be met by a date certain.
Reserve Strip. A strip of property, usually one foot wide, controlling access to a street.
Residential Care Facility. A facility licensed under ORS 443.400 to 443.455 that
provides residential care in one or more buildings on contiguous properties:
(1) For six or more socially dependent individuals or individuals with physical disabilities;
or
(2) For fewer than six socially dependent individuals or individuals with physical
disabilities if the purpose of the facility is to serve individuals with co-occurring
behavioral health needs who are more appropriately served in smaller settings.
Residential Home. A home licensed by or under the authority of the Department of
Human Resources under ORS 443.400 to 443.825 which provides residential care alone
or in conjunction with treatment or training or a combination thereof for five or fewer
individuals who need not be related. Staff persons required to meet Department of
Human Resources licensing requirements must not be counted in the number of facility
residents, and need not be related to each other or to any other resident of the
residential home. This definition includes residential treatment homes, residential
training homes and adult foster homes.
Residential infill. See “Infill, residential”.
Residential use. Of, relating to, or connected with a residence or residences.
Retail Sales. Establishments engaged in selling goods or services to the general public
for personal or household consumption. Retail trade may include wholesale trade, but
only as a secondary use.
Commented [KK13]: This can stay because no reference to
relationship of occupants.
Commented [KK14]: This language can stay under HB 2583
because we are not regulating based on related or unrelated status
- this "need not be related" language just clarifies no relationship is
considered.
Commented [MR15]: See new code section 3.2.235(D)(4).
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Retaining Wall. An engineered structure constructed to hold back or support an earthen
bank.
Review Authority. The Director, Planning Commission, Hearings Official, or City
Council of the City of Springfield.
Right-of-Way. Land acquired by purchase, reservation, dedication, forced dedication,
prescription or condemnation intended to be occupied by a street, crosswalk, railroad,
electric transmission lines, oil or gas pipeline, water line, sanitary/storm sewer and other
similar facilities.
Riparian Area. Riparian areas are vegetated areas (generally consisting of trees,
shrubs, and grasses) located along both sides of water bodies and are transitional
boundaries between land and water environments. Riparian zones act as buffers to
protect surface waters from contamination and are habitats for a large variety of animals
and birds.
Riparian Area Functions. These functions include, but are not limited to, maintaining
temperature; maintaining channel stability; providing flood storage; providing
groundwater recharge; removing sediments; reducing contaminants, for example,
excess nutrients, oils and grease, metals, and fecal coliform; moderating stormwater
flows; and providing fish and wildlife habitat. Degraded riparian function means that one
or more of the functions listed above are at risk.
Roadway. The portion of a street right-of-way used for vehicular traffic.
Rooming House. A building or portion thereof where lodging, but not meals, is provided
for more than two weeks for compensation. This definition excludes bed and breakfast
facilities.
Run-Off. Water that flows across the land surface rather than being absorbed.
S
Safe Drinking Water Act (SDWA). A federal law established in 1974, to protect drinking
water and its sources (rivers, lakes, reservoirs, springs, and ground water) and sets
standards for drinking water quality and oversees the states, localities, and water
suppliers who implement those standards.
School. A building where individuals gather to receive educational instruction, either
public or private, except as otherwise specifically defined in this Code. School does not
include a childcare facility as defined in this Chapter.
Screen. A visual barrier obscuring an abutting or neighboring structure or use by
fencing, walls, berms, or densely planted vegetation.
Service Station. An establishment selling fuel and oil for vehicles which may include the
following additional services: selling, servicing and installing tires, batteries, accessories
and related products; furnishing minor repair and service when conducted entirely within
an enclosed building, and at which incidental services are conducted. “Minor repair and
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service,” as used in this definition, is understood to exclude activities such as painting,
bodywork, steam cleaning, tire recapping, and engine overhaul.
Setback. An area where buildings and certain structures cannot be constructed,
measured from the property line. A setback may be referred to as “yard”, as defined in
this section, including “yard, front”, “yard, rear”, and “yard, side”. This definition does not
include solar setback.
Shade Point. The part of a building or non-exempt tree that casts the longest shadow
onto the adjacent northern lots/parcels when the sun is at an altitude of 22.6 degrees
and an azimuth ranging from 30 degrees east and west of true south; excluding a
shadow caused by a narrow object, including, but not limited to, a mast or whip antenna;
a dish antenna with a diameter of three feet or less; a chimney, utility pole, or wire. The
height of the shade point is measured from the shade point to either the average
elevation at the front lot/parcel line or the elevation at the midpoint of the front lot/parcel
line. If the shade point is located at the north end of the ridgeline of a building oriented
within 45 degrees of the true north-south line, the shade point computed according to the
previous sentence may be reduced by 3 feet. If a structure has a roof oriented within 45
degrees of the true east-west line with a pitch that is flatter than 5 feet (vertical) in 12
feet (horizontal), the shade point will be the eave of the roof. If a roof has a pitch that is 5
feet in 12 feet or steeper, the shade point will be the peak of the roof.
Shadow Pattern. A graphic representation of an area that would be shaded by the
shade point of a building or vegetation when the sun is at an altitude of 22.6 degrees
and an azimuth ranging between 30 degrees east and west of true south.
Shared Use Path. A bikeway physically separated from motorized vehicular traffic by an
open space or barrier and either within the highway right-of-way or within an
independent right-of-way. Shared use paths may also be used by pedestrians, skaters,
wheelchair users, joggers, and other non-motorized users.
Shelter Home. Any dwelling or facility maintained and operated for the boarding and
housing of more than five abused or battered persons who are not related by blood or
marriage to the owner/operator of the dwelling or facility.
Shopping Center. A group of commercial establishments planned, developed, and
managed as a unit with off-street parking and circulation provided on the property.
Sidewalk. The portion of a street or highway right-of-way designated for preferential or
exclusive use by pedestrians.
Single Dwelling, Attached. See Townhome
Single-unit Dwelling, Detached (SD-D). One dwelling unit on its own lot or parcel that
does not share a wall with any other dwelling unit, other than an accessory dwelling unit.
Single Room Occupancy (SRO’s). A building or buildings that provides living units that
have separate sleeping areas. The building may or may not have separate or shared
cooking facilities for the residents. For the purposes of determining residential density,
four SRO rooms equal one dwelling. Fractional dwellings will be rounded to the next
higher number, e.g., five SRO rooms equal two dwellings. SROs can be located in any
Commented [RM16]: Delete if removing solar setback
standards?
Commented [KK17]: This is a problem under HB 2583, likely
just need to regulate as a single dwelling unit.
Commented [RM18]: Move to special standards or leave here
in def’s?
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residential building [occupancy] including single unit homes, multiplexes, multi-unit
housing, etc.
Site Plan. The development plan for a development area that meets the standards of
this Code.
Siting Standard. A standard related to the position, bulk, scale, or form of a structure or
a standard that makes land suitable for development. Siting standards include, but are
not limited to, standards that regulate setbacks, dimensions, bulk, scale coverage,
minimum and maximum parking requirements, utilities, and public facilities.
Slope. An inclined ground surface, the inclination of which is expressed as percent of
horizontal distance to vertical distance.
Small Engine Repair. Maintenance and repair of household and non-automotive
engines less than 100 cubic centimeters (cc’s) in displacement.
Solar Access. Unobstructed exposure to direct sunlight, excluding limited obstruction as
expressly permitted by this Code.
Solar Access Height Limit. A series of contour lines establishing the maximum
permitted height for non-exempt vegetation on lots/parcels affected by a Solar Access
Guarantee.
Solar Access Guarantee. A document issued by the city that describes the maximum
height that non-exempt vegetation is allowed to grow on lots/parcels to which a solar
access permit applies.
Solar Feature. A device or combination of devices or elements that does or will use
direct sunlight as a source of energy for heating or cooling of a building, heating or
pumping of water, and generating electricity. Examples of a solar feature include a
window oriented to within 45 degrees east and west of true south, a solar greenhouse,
or a solar hot water heater. A solar feature may be used for purposes in addition to
collecting solar energy, including, but not limited to, serving as a structural member or
part of a roof, wall or window. A south-facing wall enclosing an unheated area, and
without windows and without other features that use solar energy is not a solar feature
for the purposes of this ordinance (for example, an unheated garage).
Solar Setback. The distance from the northern lot/parcel line to the shade point,
measured from the mid-point of the northern lot/parcel line and extending in a southerly
direction.
South or South-facing. True south or 20 degrees east of magnetic south.
Springfield Municipal Code. Springfield Municipal Code, 1997 and any amendment
thereto.
Standard. A measure of physical attributes and/or policy conformance which must be
satisfied in order to allow a proposed land use or development to be established or
modified.
Commented [RM19]: Needed if solar setback standard
removed?
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Standard Construction Specifications. Standards governing the construction of all
public improvements within the City, adopted by the Council, dated 1981, and as may be
amended.
Start of Construction. Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction of a
structure on a site, for example, the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, including clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footing, piers, or foundation, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, for example garages or sheds not
occupied as dwelling units or not part of the main structure.
State. The State of Oregon.
Stormwater. Water derived from a storm event or conveyed through a storm sewer
water management system.
Stormwater Best Management Practices (BMPs).
(1) Nonstructural. Strategies implemented to control stormwater run-off that focus on
pollution prevention, including, but not limited to, alternative site design, zoning and
ordinances, education, and good housekeeping measures.
(2) Structural. Engineered devices implemented to control, treat or prevent stormwater
run-off pollution.
Stormwater Management Plan. A policy document adopted and, as modified from time
to time, approved by resolution of the City Council setting forth the policies and
procedures to be used in reviewing development proposals that alter or affect the
natural, pre-development flow of stormwater. These policies and procedures are to be
applied to public and private improvements and allow City staff to provide certainty to
developers and consultants to permit them to design and submit for approval safe,
efficient, and cost effective stormwater management system projects within the City and
its Urban Growth Boundary.
Stormwater Management System. The structures, facilities, and practices utilized by
the City and/or a development to control and manage the quantity and quality of
groundwater discharges and surface water run-off, including stormwater run-off, non-
storm generated run-off and floodwaters.
Street. Any roadway and associated right-of-way that provides access to one or more
lots/parcels and that is a part of the city-wide street system.
Street, Improved. A street that includes a fully paved surface, curb, gutter, storm
drainage, sidewalk, street trees (where applicable) and street lighting, all constructed to
City standards.
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Street, Private. Any roadway and associated land that is functionally similar to a public
street, constructed to City standards, but not dedicated to the City.
Street, Unimproved. A street that lacks any of the features of an improved street.
Strip Commercial. Commercial development set in a linear pattern along one or both
sides of a street.
Structure. Anything constructed or built, any edifice or building or any kind or any piece
of work artificially built up or composed of parts joined together in some definite manner.
As used in SDC 3.3.400, Floodplain Overlay District, a walled or roofed building
including a gas or liquid storage tank that is principally above ground.
Structure, Parking. A parking garage located aboveground or underground consisting
of two or more levels.
Structure, Primary. A structure, or combination of structures, of chief importance or
function on a site. In general, the primary use is carried out in a primary structure. A site
may have more than one primary structure. The difference between primary and
accessory structure is determined by comparing the size, placement, similarity of design,
use of common building materials, and the orientation of the structures on the site. (See
also Accessory Structure and Accessory Dwelling Unit.)
Subdivide Land. To divide an area or tract of land into four or more lots when the area
or tract of land exists as a unit or contiguous units of land under single ownership at the
time of subdivision.
Subdivision. Either an act of subdividing land, or an area or tract of land subdivided as
defined in this Section.
Subdivision Plat. A final map and other writing containing all the descriptions, locations,
dedications, provisions and information concerning a subdivision.
Sufficient Infrastructure. The following level of public services to serve new Triplexes,
Fourplexes, Townhouses, or Cottage Cluster Housing development:
(1) Connection to a public sanitary sewer system capable of meeting established
service levels.
(2) Connection to a public water system capable of meeting established service levels.
(3) Access via public or private streets meeting adopted emergency vehicle access
standards to a city’s public street system.
(4) Storm drainage facilities capable of meeting established service levels for storm
drainage.
Sunchart. A photograph, or a scaled drawing prepared or certified by a licensed or
certified architect, landscape architect, engineer, planner or utility solar technician,
Commented [RM20]: Michael comment
Need to talk about matching code language with Section 4.2-120.
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June 24, 2021
showing the positions of the sun during different hours of the day and months of the
year, and the southern skyline. A sunchart uses as coordinates a grid of the sun's
altitudes in 10 degree increments and solar azimuths in 15 degree increments.
Survey. The location of the legal boundaries of an area and the division of that area into
lots or parcels, streets and other features with all necessary corners or dividing lines
marked or monumented, prepared by a surveyor in accordance with State law.
Surveyor. A registered professional land surveyor in the State of Oregon.
T
Tentative Plan. A clearly legible drawing of the lots or parcels and other elements of a
partition or subdivision which provides a basis for the approval authority to approve or
disapprove the general layout of the development.
Time of Travel Zone (TOTZ). The area mapped pursuant to Oregon Health Division
Delineation Certification #002R which identifies the time it takes groundwater to flow to a
given well or wellhead.
Top of Bank. For a given watercourse, the top of bank is the same as the “bankfull
stage.” The “bankfull stage” is defined as the stage or elevation at which water overflows
the natural banks of streams or other waters of the State and begins to inundate the
upland. The ground elevations on both sides of the watercourse are examined and the
lower grade break elevation; the elevation where water would leave the channel in a
particular reach is used. The elevation of the lower bank controls the bank full elevation
for a watercourse reach. The edge of the bankfull watercourse typically corresponds to
the start of the floodplain. The start of the floodplain is often characterized by:
(1) A berm or other break in slope from the watercourse bank to a flat valley bottom,
terrace or bench;
(2) A change in vegetation from bare surfaces or annual water-tolerant species to
perennial water-tolerant or upland species; and
(3) A change in the size distribution of surface sediments (e.g., gravel to fine sand)
(Figure 6.1-D).
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June 24, 2021
Figure 6.1-D.
Indicators for Determining Bankfull Width
In the absence of physical evidence, the 2-year recurrence interval flood elevation may
be used to approximate the bankfull stage.
Townhouse (Townhome). A dwelling unit constructed in a row of two or more attached
units, where each dwelling unit is located on an individual lot or parcel and shares at
least one common wall with an adjacent unit. A townhouse is also commonly called a
rowhouse, attached house, or common wall house.
Townhouse Project. One or more townhouse structures constructed, or proposed to be
constructed, together with the development area where the land has been divided, or is
proposed to be divided, to reflect the Townhouse property lines and any commonly
owned property.
Traffic Impact Study. An analysis of the effects of a proposed development on the
transportation system, and of traffic impacts on neighboring properties.
Traffic Study. A limited analysis of the operational aspects and traffic safety issues of a
particular development area, including, but not limited to, on-site traffic circulation and
access design and operation.
Triplex. Three dwelling units on one lot or parcel. Units may be attached vertically or
horizontally or detached.
U
Urban Growth Boundary. A site-specific line that separates urban or urbanizable land
from rural land and which appears on the Metro Plan Diagram.
Urban Land. Land which is located within an incorporated City.
Urbanizable Land. All land outside the city limits but inside the Urban Growth boundary.
Use. The purpose for which land and structures are arranged, designed, intended,
occupied or maintained. Any activity taking place on land or in or on structures.
Deleted: site
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Use, Accessory. A use or uses within a primary commercial, office and/or employment
building that is for the employees’ benefit and that does not generally serve the public,
including, but not limited to, building maintenance facilities, central mail rooms, child
care, conference rooms, employee restaurants and cafeterias, indoor recreation areas,
and indoor recycling collection centers. The accessory use is not considered a
secondary use and does not have to meet any percentage standard; however, the
accessory use must be part of a primary use building.
Use/Activity, Water-Dependent. A use or activity that requires access to the Willamette
River for water-borne transportation, recreation, energy production, or source of water.
Use/Activity, Water-Oriented. A use or activity whose attraction to the public is
enhanced by a view of or access to the Willamette River.
Use/Activity, Water-Related. A use or activity that is not directly dependent upon
access to the Willamette River, but which provides goods or services that are directly
associated with water-dependent land or waterway use, and which, if not located
adjacent to the river, would result in a public loss of quality in the goods or services
offered. Except as necessary for water-dependent or water-related uses or activities,
residences, parking lots, spoil and dump sites, roads and highways, restaurants,
businesses, factories, and mobile home parks are not generally considered dependent
on or related to water location needs.
Use Category. A grouping of land uses which have similar operating characteristics and
land use impacts.
Use, Nonconforming. The use of land or structures, or the size, height, location or
number of structure, formerly permitted or otherwise lawful, but which currently does not
comply with existing standards or provisions of this Code.
Use, Permitted. Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Use, Primary. An activity or combination of activities of chief importance on the site.
One of the main purposes for which the land or structures are intended, designed, or
ordinarily used. A site may have more than one primary use. The primary use usually
occupies more than 50 percent of the gross floor area of a building or more than 50
percent of a development area. Tree removal and timber harvesting are not primary
uses within the Urban Growth Boundary.
Use, Re-Use. Any change in use, tenancy or occupancy of a building.
Use, Secondary. Any approved use of land or a structure that is incidental and
subordinate to the primary use, and located in the same building or in the same
development area as the primary use. No secondary use can occupy more than 50
percent of the gross floor area of a building or more than 50 percent of a development
area occupied by the primary use. Secondary uses must not occur in the absence of
primary uses. Secondary uses are not accessory uses.
Use, Special. Any use of land or a structure which due to its operating characteristics or
land use impact is permitted under prescribed conditions in the applicable zoning district.
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Use, Temporary. A use established for a fixed period of time that does not involve the
construction or alteration of any permanent structure.
Use, Water Dependent. A use that requires access to the Willamette River for water-
borne transportation, recreation, energy production, or source of water.
Use, Water Related. A use that is not directly dependent upon access to the Willamette
River, but which clearly benefits from the access.
Utility Provider. Any agency or private company which provides the public with
electricity, gas, heat, steam, communications, rail transportation, water, sewage
collection, or other similar service.
V
Variance. An exception to a requirement of this Code. This definition does not include
use variances; a variance cannot be used in lieu of a zone change.
Vision Clearance Area. A portion of land established at street, alley, or driveway
intersections in which nothing may obstruct the sight distance of motorists entering or
leaving the intersection, unless specifically exempted by this Code.
W
Warehousing. The storage of finished and unfinished products and materials within an
entirely enclosed building. This use may include facilities for regional wholesale
distribution, if permitted by the applicable land use district.
Waste Storage. A place where waste containers, including compactors, dumpsters, and
garbage cans, are collectively stored. Waste storage includes, areas used to collect and
store refuse or recyclable materials. Exempt from this subsection are waste storage
areas for detached Single-unit Dwellings, middle housing types, and areas used for the
temporary storage of wood pallets or cardboard.
Watercourse. Rivers, streams, sloughs, drainages including intermittent stream and
seeps, ponds, lakes, aquifers, wetlands and other waters of the State. This definition
also includes any channel in which a flow of water occurs, either continuously or
intermittently, and if the latter with some degree of regularity. Watercourses may be
either natural or artificial. Specific watercourses that are protected by this Code are
those shown on the water quality Limited Watercourse Map.
Water Quality Limited Watercourses (WQLW). Those watercourses within the City
and its urbanizing area that are specified on the WQLW Map.
Waters of the State. These waters include lakes, bays, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific
Ocean within the territorial limits of the State of Oregon, and all other bodies of surface
or underground waters, natural or artificial, inland or coastal, fresh or salt, public or
private (excluding those private waters which do not combine or effect a junction with
natural surface or underground waters), which are wholly or potentially within or
bordering the State or within its jurisdiction.
Commented [RM21]: Existing definition in 6.1. Also see new
draft code section 3.2.415(E).
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Wellhead Protection. Implementation of strategies within a wellhead protection area to
minimize the potential impact of containment sources on the quality of groundwater used
as a drinking water source by a public water system.
Wellhead Protection Area. A Drinking Water Protection Area for a groundwater-
supplied drinking water source.
Wellness Center. A facility, owned by a public agency, operated by a public or non-
public agency or private individual or firm, offering wellness-related health services
and/or treatment to the public, including, but not limited to, diabetes and health
education classes, physical, speech and occupational therapy, and fitness and nutrition
services, but excluding alcohol and drug rehabilitation facilities other than prevention
education.
Wetlands. Areas inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances to support, a
prevalence of hydophitic vegetation typically adapted for life in saturated soil conditions.
Wetlands include swamps, marches, bogs, and similar areas excluding those
constructed as water quality or quantity control facilities.
Wheel Stop. A permanent and secured device in each parking stall which blocks the
front wheels of a vehicle.
Wholesale Trade. Establishments or places of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or professional business
users, or to other wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, the individuals or companies. Wholesale trade may
include retail trade as a secondary use when wholesale trade is the primary use.
Wholesale trade does not include storage and sale of bulk fuel oil, bulk fuel, explosives
or other hazardous material, or live animal sales other than small domestic pets when
the sales are made from the premises. Wholesale trade by brokerage only, with no
display or storage of merchandise on the premises, is considered a Business Office use.
Windthrow. Trees felled by wind.
Wireless Telecommunications Systems (WTS). The sending and receiving of radio
frequency transmissions and the connection and/or relaying of these signals to land lines
and other sending and receiving stations (cell sites), and including cellular
radiotelephone, personal communications services, enhanced/specialized mobile radio,
and commercial paging services. Terms and definitions associated with WTS facilities,
and the standards that regulate their siting and design are found in SDC 4.3.145(E).
Wooded Lot/Parcel. A lot/parcel or parcel 10,000 square feet or larger, above 670 feet
in elevation, which contains more than 5 trees 8 inches or greater dbh.
Working Day. Monday through Friday, exclusive of official City holidays.
Wrecking Yard/Salvage Yard. Any lot/parcel or structure used for the storage,
dismantling or sale of inoperable motor vehicles, trailers, machinery and/or building
materials or parts.
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Y
Yard. For the purpose of establishing setbacks, yard is an open space on a lot which is
unobstructed from the ground upward except as otherwise provided in this code.
Yard, front. An open space extending the full width of the lot between the front facade of
a building or the front of an unenclosed porch and the front lot line, unoccupied and
unobstructed from the ground upward except as specified elsewhere in this code.
Yard, rear. An open space extending the full width of the lot between the rear facade of
a building and the rear lot line, unoccupied and unobstructed from the ground upward
except as specified elsewhere in this code.
Yard, side. An open space extending from the front yard to the rear yard between the
side facade of a building and the nearest side lot line, unoccupied and unobstructed from
the ground upward except as specified elsewhere in this code.
Yard, through-Lot/Parcel Rear Yard: The first 10 feet of land paralleling street right-of-
way this is parallel to and most distant from the front yard property boundary used for
address purposes.
Yard, Street Side Yard: The first 10 feet of land paralleling street right-of-way, which
intersects the front yard property boundary.
Youth Hostel. Any building designed or intended to provide temporary accommodations
for traveling young people.
Z
Zoning District. A specifically delineated area or district within the Urban Growth
Boundary that implements the Metro Plan within which the use of land is regulated and
development standards are applied.
Attachment 3, Page 47 of 47
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Section 5.1 Development Review and Procedures
5.1.100 Purpose and Applicability
5.1.200 General Provisions
5.1.300 Type 1 Procedures
5.1.400 Type 2 and Type 3 Procedures
5.1.500 Quasi-Judicial Hearings
5.1.600 Type 4 Procedures
5.1.700 Reconsideration
5.1.800 Appeals
5.1.900 Proceedings on Remand
5.1.1000 Limitations on Approvals
5.1.1100 Declaratory Ruling
5.1.1200 Development Agreements
5.1.1300 Summary of Development Application Types
5.1.100 Purpose and Applicability
5.1.105 Purpose
5.1.110 Applicability
5.1.105 Purpose
(A) This section of the Springfield Development Code (SDC) provides uniform procedures for
the granting or denial of applications and determinations by the City of Springfield under
the applicable State of Oregon statutes and rules, Springfield Comprehensive Plan,
Springfield Development Code, and other ordinances which by their terms incorporate by
reference the procedures in this section.
(B) All applications required by this Code are reviewed using Type 1, 2, 3, and 4 procedures.
The procedure "type" assigned to each application governs the decision-making process
for that application. SDC 5.1.300, 5.1.400 and 5.1.600 describe the four review procedure
types. SDC 5.1.1200 lists the applications’ procedure types.
5.1.110 Applicability
(A) The provisions of this section do not apply to the issuance, suspension, or revocation of
any on-site sewage disposal, sign, building, electrical or plumbing permits, except as they
relate to consideration of permitted uses.
(B) For lands located inside the Springfield Urban Growth Boundary, but outside the City
limits, the applicability of this Code is set forth through intergovernmental agreements.
(C) The following developments and activities do not require Type 1, 2, 3, or 4 review
procedures, but must conform to all other applicable provisions of this Code or any other
applicable Code as determined by the Director.
(1) Normal maintenance, replacement, or enhancement of existing landscaping
consistent with approved plans.
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Development approval may be required for replacement or enhancement of
landscaping as specified in SDC 3.3.300, 3.3.500, 5.17.100, 4.1.100, 5.12.100 and
5.19.100.
(2) An emergency measure necessary for the safety or protection of life or property
when authorized by the Director. An emergency measure may be conditioned by the
requirement to obtain Development Approval at a later date.
(3) Special Events sponsored by non-profit organizations and public agencies that
conform to all applicable statutes, ordinances, or regulations necessary to protect the
public health and safety. A Special Event is an activity sponsored by a non-profit
organization or public agency that is 14 calendar days or less in duration and
includes, but is not limited to school carnivals, benefit dinners, concerts, bazaars,
festivals, neighborhood fairs, and revival meetings.
(4) Agricultural uses and structures on any lot or parcel two acres or larger where the
underlying land use district allows this use and on any size lot or parcel with a valid
farm deferral tax classification from the Oregon State Department of Revenue.
(5) The establishment, construction, or termination of certain public facilities authorized
by the City Engineer including streets, driveways, drainage ways, sewers, pump
stations, and traffic control devices, but not including substations, treatment facilities,
storage tanks, reservoirs, electrical transmission structures, and communications
towers, unless specified elsewhere in this Code. Underground public or private
facilities, including but not limited to, water lines, electrical power distribution lines,
gas distribution lines, or communication connections are also exempt. See SDC
4.3.145 for additional information concerning siting standards and the review process
for certain wireless telecommunications systems facilities.
(6) Excavation or filling of land as specified in Springfield Municipal Code except for any
excavation or filling of land within the Flood Plain Overlay District within the
Willamette Greenway Overlay District, or where an inventoried and locally-significant
Goal 5 resource is present, that is subject to the standards of this Code.
(7) A Single unit dwelling or a duplex within the city limits on a lawfully created lot or
parcel in the R-2 or R-3 land use district that does not require Site Plan Review as
determined in SDC 5.17.100.
(8) A Single unit dwelling in the City’s urbanizable area on a lawfully created lot or parcel
in the R-1 land use district that is less than 5 acres.
(D) The Building Official will not issue a Building Permit for which Development Approval is
required and has not been obtained.
5.1.200 General Provisions
5.1.205 Effect of Determinations Made Outside of Established Processes
5.1.210 Pre-Development Meetings
5.1.215 Submission of Materials
5.1.220 Application Submittal Standards
5.1.225 Acceptance of Application
Commented [RM1]: Check term used elsewhere in
draft/current code.
Commented [MM2]: Is this in the current Code?
Commented [RM3R2]: No I don’t think so, but I can
double check. Much of this section is all new.
Commented [KK4R2]: This is verbatim from the
current code. I have had questions previously about
whether this is actually consistent with the rest of the
code. For example, we DO require development approval for lots of utilities named in this section: substations, treatment facilities, reservoirs,
transmission lines. It would be good to discuss this
section with Jeff specifically.
Commented [RM5]: How does/should this apply to
SFD’s? If we are saying that SFD’s don’t go through
any review, even a type 1 review, the under the middle housing rules we can’t subject middle housing to any process. Technically isn’t the setback and height check we do at the front counter or as part of the building
permit review for SFD’s a Type 1 review? If so this
should be removed???
Commented [KK6R5]: Under the current process,
detached single dwellings do not require any Type 1
permit application or Type 1 approval. They are issued based on a building permit only. The header to this section, however, states that the standards still "apply" - but it is confusing because some of the exemptions in
the section obviously don't require compliance with all
development standards, such as emergency facilities
or special events.
One way to resolve this issue would be to have a list of the types of developments that require a "building permit only" where the standards are applied at the
building permit stage, and second list (this list) of things
that are not at all subject to the development code.
Attachment 4, Page 2 of 39
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June 24, 2021
5.1.230 Withdrawal of Application
5.1.235 Applicable Standards
5.1.240 Development Review Committee
5.1.245 Notice to Public Agencies
5.1.250 Conflicting Procedures
5.1.255 Time Computation
5.1.205 Effect of Determinations Made Outside of Established Processes
(A) Any informal interpretation or determination, or any statement made outside the
declaratory ruling process according to SDC 5.1.1100 or outside the process for approval
or denial of a Type 2 or 3 application in conformance with SDC 5.1.400 is considered to be
only a statement of opinion and not a final action. Such informal interpretations,
determinations, or statements are not deemed to constitute final City action affecting a
change in the status of a person’s property or conferring any rights, including any reliance
rights, on any person.
5.1.210 Pre-Development Meetings
(A) The City has established three pre-development meeting processes to assist prospective
applicants through the application review process.
(1) Development Initiation Meeting (DIM). The purpose of a Development Initiation
Meeting is to give a prospective applicant the opportunity to discuss a limited number
of development topics with City staff. The discussions can be general or specific
depending on the questions submitted with the application. The Development
Initiation Meeting is voluntary, unless specifically required elsewhere in this Code.
(2) Pre-Application Meeting. A pre-application meeting is highly recommended for
complex applications or for applicants who are unfamiliar with the land use process.
The purpose of the meeting is to acquaint the applicant with the substantive and
procedural standards of the Development Code and to identify issues likely to arise
in processing an application.
The Pre-Application Meeting is required for a Master Plan application as specified in
SDC 5.13.115.
(3) Application Completeness Check Meeting. The purpose of the Completeness
Check Meeting is to determine whether the proposed development application is
complete prior to acceptance of the application for processing by the City. A
complete application is required for the review process. The Completeness Check
Meeting will examine if the submittal standards of SDC 5.1.220 are met. A
Completeness Check Meeting is required for all Type 2, 3 and 4 land use
applications. The Pre-Submittal Meeting is required even if the meetings specified in
Subsections (1) and (2) have been utilized. An application will be reviewed for
completeness according to SDC 5.1.405.
Commented [RM7]: Where is it/should it be required?
Commented [MM8R7]: 3.4-215 (Glenwood). That
section should be amended to reflect the new name.
Commented [KK9R7]: A DIM is required for High and
Moderate visibility wireless telecom facilities (SDC 4.3-
145.H.1).
A DIM is not truly mandatory in Glenwood; the applicant can choose the Pre-Application Report
instead.
Commented [GK10]: How is this different from either a
DIM or Pre-Submittal?
Commented [RM11R10]: Good question. Do we still
need all three different types of meetings?
Commented [KK12R10]: I think you could combine the
two - it will require a change to the language in
Glenwood that provides an option between the two types of meetings, though.
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5.1.215 Submission of Materials
(A) General. The submission of any materials by any party including application materials,
supplemental information, written comments, testimony, evidence, exhibits, or other
documents that are entered into the record of any land use application must be submitted
either at the offices of the Director or at a public hearing, unless specified otherwise by the
hearing notice or Hearings Authority prior to the close of the record. Materials are
considered submitted when received, or in the case of materials submitted at a public
hearing, placed before the Hearings Authority.
(B) Electronic Materials
(1) When application or appeal materials are over 20 pages in length, an applicant or
appellant must provide an identical electronic version and hard copy of the submitted
materials. Any other party submitting materials into the record that are over 20 pages
is also encouraged to submit identical electronic and hard copies. Any electronic
materials must be in a portable document format (PDF). This provision should not be
interpreted to prohibit electronic submittals of materials less than 20 pages in length.
The Director will scan submitted materials upon request for a fee set by Resolution of
the Council.
(2) When electronic materials over 20 pages in length are submitted by any party for
inclusion in an application record, an identical hard copy of the materials must also
be submitted unless this requirement is waived by the Director.
(C) Deadline. Where any materials, including both hard and electronic copies, are required to
be submitted to the offices of the Director subject to a date-certain deadline, the materials
must be received by the Director by 5:00 PM on that date.
5.1.220 Application Submittal Standards
(A) Property Owner. For the purposes of this section, the term ‘property owner’ means the
owner of record and does not include a person or organization that holds a security
interest.
(B) Applications must:
(1) Be submitted by the property owner or a person who has written authorization from
the property owner as defined herein to make the application;
(2) Be submitted to the Director;
(3) Be completed on an application form prescribed by the Director;
(4) Contain all applicable information requested on the application form;
(5) Include supporting information required by this code ;
(6) Be accompanied by the appropriate filing fee or documentation of an approved fee
waiver as provided in this Code;
Commented [KK13]: Hearing Official implies a
singular person. Hearing Authority is more in line with
the use of "Review Authority"
Commented [KK14]: This section states that it applies
to application materials, but later sections state that
materials are not considered submitted when received.
Commented [KK15]: Are the hard copy materials not
considered "received" until the electronic copy is
provided? Are they considered "placed before the
decision-maker" if no electronic copy is provided?
Commented [KK16]: Flagging that we would need
Council to set this fee.
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(7) Provide proof of ownership in the form of a deed, or other recorded document; and
(8) Include concurrent applications where a proposal involves more than one application
for the same property.
(C) The following applications are not subject to the ownership requirement set forth in
subsection (B)(1) of this section:
(1) Applications submitted by or on behalf of a public entity or public utility having the
power of eminent domain with respect to the property subject to the application;
(2) Applications for development proposals sited on lands owned by the State or the
Federal government; or
(3) Applications for Development Initiation Meetings.
5.1.225 Acceptance of Application
(A) An application submitted to the Director will not be considered accepted for processing
solely because of having been received. Upon receipt of an application, the Director will
date stamp the application and verify that the appropriate application fee and materials
have been submitted before accepting the application for processing.
(B) Acceptance of an application for processing will not preclude a later determination that the
application is incomplete.
(C) An application will be reviewed for completeness according to SDC 5.1.405.
5.1.230 Withdrawal of Application
(A) An applicant may withdraw an application in writing at any time prior to the time a decision
becomes final. If the property owner is not the applicant, no consent to withdraw the
application is needed from the property owner.
5.1.235 Applicable Standards
(A) If an application was complete when first submitted, or the applicant submits additional
information according to SDC 5.1.410 within 180 days of the date the application was first
submitted, review of the application will be based upon the standards that were applicable
at the time the application was first submitted.
5.1.240 Development Review Committee
(A) The Development Review Committee (DRC) is chaired by the Director and composed of
representatives from City Departments and Divisions. When applicable, agencies
including, but not limited to, Springfield Utility Board, utilities, the Lane Transit District,
Lane Regional Air Pollution Authority, and the Oregon Department of Transportation may
also participate. The DRC reviews development applications and provides technical
assistance and input to the Review Authority regarding the standards and criteria of this
Code.
Commented [KK17]: This would be a change from recent practice - since the review of a plan
amendment/zone change looks at all permitted uses
and not the particular proposed use, it seems like
would create traps for the review process.
Current code (5.4-105) states: F. Where a proposal involves more than 1 application for the same property, the applicant may submit concurrent
applications.
Commented [RM18R17]: Since the same term “may”
is used, I am not sure what the difference is.
Commented [KK19]: This seems inconsistent with
5.1.215(A).
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5.1.245 Notice to Public Agencies
(A) In addition to any notice required by this Code, written notice must be provided to public
agencies as prescribed below.
(1) Department of Land Conservation and Development. The City must notify the
Department of Land Conservation and Development (DLCD) according to ORS
197.610 when any application proposes a change to an acknowledged
comprehensive plan or land use regulation. The City must provide this notice within
the time period designated by DLCD rule.
(2) Oregon Department of State Lands. The City must notify the Oregon Department
of State Lands (DSL) in writing of any development application that involves lands
that are wholly or partially within areas that are identified on the Statewide Wetlands
Inventory. Notice will be in writing using the DSL Wetland Land Use Notification
Form, and must be sent within five working days of acceptance of a complete
application. (See ORS 227.350)
(3) Department of Fish and Wildlife. The City will notify the Oregon Department of
Fish and Wildlife (ODFW) in writing of any development application that involves
lands that are wholly or partially within the riparian corridor. ODFW may make
recommendations to the Review Authority on strategies to avoid or replace habitat
that is damaged by the proposed development, consistent with the standards and
criteria of approval of this Code. (See OAR chapter 635, division 415)
(4) Parks and Recreation Department. The City will notify the Oregon Parks and
Recreation Department (OPRD) in writing of any development application that
involves lands that are wholly or partially within the Willamette River Greenway.
(5) Lane County. The City must notify Lane County in writing of any development
application or any appeal outside City limits but within the Springfield Urban Growth
Boundary, except for applications for annexation to the City. Lane County will
automatically be considered a party to such applications.
(6) Other Agencies. The City will notify other public agencies, as appropriate, that have
statutory or administrative rule authority to review or issue State permits associated
with local development applications.
5.1.250 Conflicting Procedures
(A) Notwithstanding the provisions of this section, where other provisions of the Springfield
Development Code, Springfield Municipal Code, or other City of Springfield ordinances
specify procedures that provide greater public notice and comment opportunities, the
procedures that provide the most public notice and/or comment opportunity will apply.
5.1.255 Time Computation
(A) Except when otherwise provided, the time within which an act is required to be done is
computed by excluding the first day and including the last day, unless the last day is a
Saturday, Sunday, legal holiday, or any day on which the City is not open for business
pursuant to a City ordinance, in which case it will also be excluded.
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(B) For the purposes of determining whether a person has complied with a time limitation in
this Code for filing any document with the Director, the time prescribed by this Code does
not include the day on which the specific period begins to run. The designated period also
does include the last day unless the last day is:
(1) A legal holiday or Saturday;
(2) A day in which the offices of the Director are closed for the purpose of filing
development applications and other documents;
(3) A day on which the offices of the Director are closed by order of the City
Manager, to the extent provided by the order; or
(4) A day on which the offices of the Director are closed before the end of the normal
hours during which development applications and other documents may be filed.
(C) If the last day of a designated period is excluded under the subsection (B) of this section,
the act must be performed on the next day that the offices of the Director are open for the
purpose of filing pleadings and other documents.
5.1.300 Type 1 Procedures
5.1.305 Type 1 Ministerial Application Procedures
5.1.310 Completeness Check
5.1.315 Decision
5.1.320 Appeal
5.1.305 Type 1 Procedures
(A) The Type 1 procedure involves the ministerial review of an application based on clear and
objective standards. In general, potential impacts of development allowed through a Type
1 application have been recognized through the adoption of standards. The Type 1
procedure does not require interpretation or exercise of policy or legal judgement when
evaluating development standards. A Type 1 determination is made by the Director
without public notice or a hearing.
(B) The Director may elevate a Type 1 application to a Type 2 application when there is a
need to interpret or exercise policy or legal judgment, or to apply discretionary land use
standards. The Director’s decision to elevate a Type 1 application to a Type 2 application
is not an appealable decision.
(C) The applicant may elevate a Type 1 application to a Type 2 application by submitting a
Type 2 application and paying the applicable fee associated with the Type 2 process.
(D) A Type 1 application is reviewed according to the following procedures.
5.1.310 Completeness Check
A. The Director must determine application completeness according to SDC 5.1.405.
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5.1.315 Decision
(A) The Director’s decision must address all of the applicable approval standards and/or
development standards. The Director may approve, approve with conditions, or deny the
application.
(B) The Director's decision for a Type 1 application is the final decision of the City. The
Director’s decision is effective on the day it is mailed or otherwise provided to the
applicant.
5.1.320 Appeal
(A) A Type 1 determination is not appealed at the City level except as otherwise provided in
the Springfield Development Code or if found to constitute a permit and authorized by the
Director.
5.1.400 Type 2 and Type 3 Procedures
5.1.405 Completeness Check
5.1.410 Timelines
5.1.415 Type 2 Application – Administrative Procedures
5.1.420 Type 3 Application – Quasi-Judicial Procedures
5.1.425 Mailed Notice of Application
5.1.430 Contents of Mailed Notice
5.1.435 Posted Notice of Application
5.1.440 Published Notice of Application
5.1.445 Type 2 and 3 Review and Decision
5.1.450 Modification of Application
5.1.455 Site Specific Plan Amendment and Zone Change
5.1.460 Expedited Land Division
5.1.405 Completeness Check
(A) Within 30 days of an application being received, the Director will evaluate the application
for completeness according to subsections (1) through (5) below.
(1) Applications must be submitted to the Director as provided in SDC 5.1.215, 5.1.220,
and 5.1.225.
(2) Applications will be evaluated for completeness with applicable application submittal
standards of SDC 5.1.220.
(3) Supplementation of Application within First 30 days of Submittal. An applicant
may not submit any supplemental information for an application within the first 30
days following acceptance of the application or until the application has been
deemed complete, whichever is first, except when requested according to (5) below,
or otherwise authorized by the Director. Any supplemental information submitted by
an applicant in violation of this section will not be considered in determining whether
the application is complete and will be returned to the applicant.
Commented [RM20]: Defined in definitions, based on
ORS 227.160(2)
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(4) Complete Application. An application will be deemed complete if the application
submittal standards have been fully satisfied upon initial filing or through the
procedures set forth in subsection (5)(a)-(c) below. When the Director deems the
application complete, the Director will notify the applicant in writing. If the Director
has not issued in writing a completeness determination within 30 days from the date
the application is received by the Director, the application is automatically deemed
complete on the 31st day after it was received.
(5) Incomplete Application. Except as otherwise provided for through a Completeness
Check Meeting, if a Type 2 or Type 3 application is incomplete, the City must notify
the applicant in writing of exactly what information is missing within 30 days of
receipt of the application and allow the applicant to submit the missing information.
The application will be deemed complete for the purpose of SDC 5.1.410(1) upon
receipt by the Director of:
(a) All of the missing information;
(b) Some of the missing information and written notice from the applicant that no
other information will be provided; or
(c) Written notice from the applicant that none of the missing information will be
provided.
5.1.410 Timelines
(A) 120-day Time Limit
(1) Except as provided in subsections (B) through (D) of this section, the City must take
final action on a Type 2 or Type 3 application , including resolution of all local
appeals, within 120 days after the application is deemed complete according to SDC
5.1.405.
(2) Applications for the following determinations or approvals are exempt from the 120-
day time limit established by this section:
(a) Type 2 or Type 3 applications submitted concurrently with a comprehensive
plan amendment;
(b) Revocation proceedings;
(c) Declaratory rulings;
(d) Consideration of remanded applications; and
(e) Adoption and modification of Master plans.
(B) 100-day Time Limit
(1) Except as provided in subsection (C) and (D) of this section, the City must take final
action on a qualifying application, including resolution of all local appeals, within 100
days after the application is deemed complete according to SDC 5.1.405.
(2) Definitions. For the purposes of this section only, the following definitions apply:
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(a) “Affordable housing” means housing that is affordable to households with
incomes equal to or less than 60 percent of the median family income for the
county in which the development is built or for the state, whichever is greater.
(b) “Multifamily residential building” means a building in which three or more
residential units each have space for eating, living and sleeping and permanent
provisions for cooking and sanitation.
(3) An application qualifies for a final action within 100 days under this subsection if:
(a) The application is for development of a multifamily residential building
containing five or more residential units within the urban growth boundary;
(b) At least 50 percent of the residential units included in the development will be
sold or rented as affordable housing; and
(c) The development is subject to a covenant appurtenant that restricts the owner
and each successive owner of the development or a residential unit within the
development from selling or renting any residential unit described in paragraph
(c) of this subsection as housing that is not affordable housing for a period of
60 years from the date of the certificate of occupancy.
(C) Void Application. On the 181st day after first being submitted, an incomplete application
is void if the applicant has been notified of missing information and the application has not
been deemed complete according to SDC 5.1.405(5)(a)-(c).
(D) Extension. The 120-day time limit in subsection (A) or the 100-day time limit in subsection
(B) may be extended for a specified period of time at the written request of the applicant.
The total of all extensions cannot exceed 245 days.
5.1.415 Type 2 Procedures
(A) Type 2 procedures involve the Director’s interpretation and exercise of discretion when
evaluating approval standards. Uses or development evaluated through this process are
uses that are conditionally permitted or allowed after Director review that may require the
imposition of conditions of approval to ensure compliance with development and approval
standards.
(B) A Type 2 decision is made by the Director after public notice, but without a public hearing,
unless appealed. A Type 2 application is reviewed according to the procedures below,
unless the Director determines that the application should be reviewed as a Type 3
decision. A Type 2 decision may be appealed according to SDC 5.1.800.
5.1.420 Type 3 Procedures
(A) Type 3 quasi-judicial decisions involve discretion but implement established policy. A
request will generally be considered a quasi-judicial decision if it involves the following
factors:
(1) The process is bound to result in a decision;
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(2) The decision is bound to apply preexisting criteria to concrete facts; and
(3) The action is customarily directed at a closely circumscribed factual situation or small
number of persons.
Although no factor is considered determinative and each must be weighed, the more
definitively these factors are answered affirmatively, the more it will be considered a quasi-
judicial decision.
(B) Type 3 decisions are made by the following Hearings Authority after a public hearing
following the quasi-judicial hearings procedures of SDC 5.1.500:
(1) Type 3 applications that do not require adoption of an ordinance and that involve
property entirely within City limits are made by the Planning Commission.
(2) Type 3 applications that involve property entirely or partially outside of City limits and
entirely within the Springfield Urban Growth Boundary are made by the Hearing
Officer.
(3) The City Council is the sole review authority for vacations and annexations.
(4) The City Council is the final decision maker in Type 3 development applications that
require the adoption of an ordinance and are within City limits, d including but not
limited to site-specific comprehensive plan or refinement plan amendments. Except
for vacations and annexations, the Planning Commission will conduct a quasi-judicial
public hearing and make a recommendation to the City Council to approve, approve
with conditions, or deny the application.
(5) The City Council and Lane County Board of Commissioners are the final decision-
makers in Type 3 development applications that require adoption of an ordinance
and are entirely or partially outside City limits but within the Springfield Urban Growth
Boundary, including but not limited to site-specific comprehensive plan or refinement
plan amendments, according to the procedures in SDC 5.14.130.
5.1.425 Mailed Notice of Application
(A) Notice of a Type 2 application must be mailed at least 14 days prior to the issuance of a
decision to persons listed below. Notice of a Type 3 application must be mailed at least 20
days before the hearing, or, if more than one hearing is provided, at least 10 days before
the first hearing. The applicant is responsible for the cost (i.e., mailing, etc.) of any notice.
The notice must include all the applicable information specified under SDC 5.1.430.
Written notice must be sent by mail to the following persons:
(1) The Applicant.
(2) Owners of record of property, as shown on the most recent property tax assessment
roll, located within 300 feet of the property that is the subject of the notice.
Commented [KK21]: By IGA with Lane Co, we must use a Hearing Official for applications outside City
limits.
In the past, when a property is partially annexed, both
the Planning Commission and Hearing Official heard these applications jointly. But, this creates a lot of procedural headaches and nothing prevents us from giving a Hearing Official some jurisdiction to make
decisions inside City limits. Using only the Hearing
Official for those decisions would greatly simplify
things, but it would be a policy change.
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(3) The designated land use chair(s) of a neighborhood association recognized by the
City of Springfield, where any property within the notice area specified in subsection
(A)(2) of this section is within the boundaries of a recognized neighborhood
association.
(B) The notice requirements of this section will be deemed met when the Director can provide
an affidavit or other certification that such notice was given.
(C) The Director may increase the minimum notice area up to 400 feet beyond what is
otherwise required under subsection (A)(2) of this section, at their sole discretion.
5.1.430 Contents of Mailed Notice
(A) All required mailed notices must contain the following:
(1) A map locating the subject property;
(2) Identification of the application by City case number;
(3) Identification of the subject property by reference to the Lane County assessment
map and tax lot number, and the property address/location;
(4) Identification of the property owner and applicant;
(5) An explanation of the nature of the application and the proposed use or uses that
could be authorized by the decision;
(6) The applicable approval criteria from this Code or from an applicable comprehensive
plan, functional plan, or refinement plan that applies to the decision;
(7) The name and phone number of the assigned planner;
(8) If the application proposes a change to a zoning map, refinement plan map, or
comprehensive plan map, a copy of the map that is to be altered;
(9) A statement that the application, all documents and evidence relied upon by the
applicant, and the applicable standards are available for inspection at no cost and
that copies will be provided at reasonable cost;
(10) The date, time, and location of any hearing or date by which written comments must
be received.
(11) A statement that any person may comment in writing and include a general
explanation of the requirements for submission of testimony and the procedures for
conduct of testimony including, but not limited to, a party’s right to request a
continuance or to have the record held open.;
(12) A statement briefly summarizing the local decision-making process for the particular
application;
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(13) For Type 2 applications, a statement that issues which may provide the basis for an
appeal must be raised in writing prior to the expiration of the comment period, and
that issues must be raised with sufficient information to enable the Review Authority
to respond to the issue; and
(14) For Type 3 applications, a statement that failure to raise an issue in a hearing, in
person or in writing, or failure to provide statements or evidence sufficient to afford
the Review Authority an opportunity to respond to the issue preclude appeal to the
Oregon Land Use Board of Appeals based on that issue.
5.1.435 Posted Notice of Application
(A) Notice of a Type 2 or Type 3 application must be posted on the subject property by the
applicant/property owner throughout the duration of the required public comment period.
The applicant must post one sign, approved by the Director, on the subject property that is
located within ten feet of any abutting public way. Failure of applicant/property owner to
maintain posting of the sign throughout the duration of the required public comment period
does not invalidate a land use approval.
(B) Notice of an application for a utility facility line must be posted along the proposed route at
intervals of not less than 500 feet. The notice must be posted as close as practicable to,
and be visible from, any public way in the vicinity of the proposed route.
5.1.440 Published Notice of Application
(A) Notice of a Type 3 application must be published in a newspaper of general circulation in
the city of Springfield at least 20 days before the hearing, or, if more than one hearing is
provided, at least 10 days before the first hearing.
(B) The published notice must include the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under consideration.
5.1.445 Type 2 and 3 Review and Decision
(A) Review and Decision. Upon determination of completeness required by SDC 5.1.405, a
Type 2 or 3 application will be reviewed according to the following procedures:
(1) Notice of application will be made if required or elected by the Director or applicant,
as provided in SDC 5.1.425, 5.1.435, and 5.1.440.
(2) Any person may comment in writing on an application within 14 days from the date
notice was mailed or a longer period as specified in the notice for a Type 2
application, or until the close of the public record for a Type 3 application.
(3) The Director must distribute the application to the Development Review Committee
and the Historic Commission for comments as applicable.
(4) At the conclusion of the comment period specified by the notice of application, or
upon determination of application completeness if notice of application is not
required or elected by the Director or applicant, the application and written comments
will be reviewed and a written decision prepared.
Commented [KK22]: Just flagging that this is a change to procedures in having the applicant make the posting - probably a good way to conserve staff resource. We'll
have to provide the notice to the applicant, though.
Commented [KK23]: What is the source for this notice
requirement? This doesn't seem to stem from the
current code.
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(5) Each decision must include a finding as to when the proposed Type 2 or 3
application was deemed complete and formally accepted as such by the Director.
(6) Each decision must include a finding that the property subject to the proposed land
use action is a lot of record as that term is defined in this Code.
(7) Approval or denial of a Type 2 or 3 application must be based upon and
accompanied by a written statement that explains the standards considered relevant
to the decision, states the facts relied upon in rendering the decision, and explains
the justification for the decision based upon the standards and facts set forth.
(8) Any portion of an application not addressed in a Review Authority’s decision is
deemed to have been denied.
(9) Notice of the Hearings Authority’s decision must be in writing and mailed to all
parties within two days of the date of the written decision. However, one person may
be designated by the Review Authority to be the recipient of the decision for a group,
organization, group of petitioners or similar collection of individual participants.
(10) If the decision changes an acknowledged comprehensive plan or land use
regulation, notice must be provided to the Department of Land Conservation &
Development according to ORS 197.615.
(11) A Type 2 or 3 decision may be appealed according to the procedures in SDC
5.1.800.
(B) Final Decision. A decision on a Type 2 or 3 application is not final until the Review
Authority issues a written decision, the decision or notice of the decision has been mailed,
and the appeal period to the next higher Review Authority within the City has expired.
(C) Appeal to the Oregon Land Use Board of Appeals (LUBA). Appeals of the final City
decision by the Hearings Officer or City Council may be appealed to the Land Use Board
of Appeals according to ORS 197.830, as further described at SDC 5.1.800.
(D) Unless a temporary use permit has been issued, no building permit will be issued until a
decision is final. Appeal of a final decision to LUBA does not affect the finality of a decision
for purposes of issuing building permits, unless stayed by LUBA or by court order. If an
applicant elects at their own discretion to proceed under a land use action with a pending
LUBA appeal, they must proceed only if:
(1) The applicant accepts each and every risk of loss and damage that may result if the
application is reversed or modified or denied upon remand, and further agrees in
writing to hold the City, its officers, agents, and employees harmless from such loss
and damage.
(2) The applicant agrees in writing to restore the site to its original condition if the
application for the land use approval is reversed or denied upon remand, or to modify
or restore any portions of the site as required by a decision that is modified upon
remand.
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(3) The applicant posts a bond or other form of security acceptable to the Review
Authority in an amount sufficient to cover the costs of restoration of the site to its pre-
approval condition.
5.1.450 Modification of Application
(A) An applicant may modify an application at any time during the approval process up until
the issuance of a Type 2decision, or the close of the record for a Type 3 decision, subject
to the provisions of SDC 5.1.405 and this section.
(B) The Review Authority must not consider any evidence submitted by or on behalf of an
applicant that would constitute modification of an application (as that term is defined in
SDC 6.1.100, Definitions), unless the applicant submits an application for a modification,
pays all required modification fees and agrees in writing to restart the 120-day time limit as
of the date the modification is submitted. The 120-day time limit for an application, as
modified, may be restarted as many times as there are modifications up to a total of 365
days from the day the application was accepted as complete.
(C) The Review Authority may require that the application be re-noticed and additional
hearings be held.
(D) Up until the issue of a Type 2 decision or the day a hearing is opened for receipt of oral
testimony for a Type 3 decision, the Director has the sole authority to determine whether
an applicant’s submittal constitutes a modification. After such time, the Hearings Authority
makes any modification determination. For both Type 2 and Type 3 decisions, the Review
Authority’s determination on whether a submittal constitutes a modification is appealable
only to LUBA and is appealable only after a final decision is entered by the City on an
application.
5.1.455 Site-Specific Plan Amendments and Zone Changes
(A) Any change initiated by an individual that includes a plan amendment and zone change for
specific real property may be accompanied by the appropriate applications for a specific
development proposal. Approval of such a plan amendment and zone change
accompanied by a specific development proposal may be conditioned upon initiation of the
development proposal within a specified time period, at the discretion of the Hearings
Authority, to ensure no greater intensity of use than that contemplated in the proceeding.
Approvals of site-specific plan amendments and zone changes that are not accompanied
by applications for a specific development proposal must be based on evaluation of the
highest impact uses authorized in the proposed zone.
5.1.460 Expedited Land Division
(A) An application for or any appeal of an expedited land division is subject to the process
provisions in ORS 197.360 through ORS 197.380; however, the applicable standards of
SDC 5.12.100 apply during application submittal and processing.
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5.1.500 Quasi-Judicial Hearings
5.1.505 Filing of Staff Report for Hearing
5.1.510 Burden of Proof
5.1.515 Nature of Evidence
5.1.520 Limitation on Oral Presentations
5.1.525 Standing
5.1.530 Record
5.1.535 Disclosure of Ex Parte Contacts
5.1.540 Disclosure of Personal Knowledge
5.1.545 Challenge for Bias, Prejudgment or Personal Interest
5.1.550 Hearings Procedure
5.1.555 Setting the Hearing
5.1.560 Close of the Record
5.1.565 Continuances or Record Extensions
5.1.570 Reopening the Record
5.1.505 Filing of Staff Report for Hearing
(A) The Director will set a hearing date at the time an application is deemed complete as
provided in SDC 5.1.560, if the application requires a hearing in the judgment of the
Director.
(B) A staff report must be completed seven days prior to the first hearing. If the report is not
completed by such time, the hearing must be held as scheduled, but at the hearing or in
writing prior to the hearing, any party may request a continuance of the hearing to a date
that is at least seven days after the date the initial staff report is complete. The Hearings
Authority has discretion whether to grant a continuance under these circumstances.
(C) A copy of the staff report must be mailed to the applicant, made available at a reasonable
cost to such other persons who request a copy, and filed with the Hearings Authority.
(D) Notwithstanding subsection (B) of this section, oral or written modifications and additions
to the staff report must be allowed prior to or at the hearing.
5.1.510 Burden of Proof
(A) Throughout all local land use proceedings the burden of proof rests on the applicant.
5.1.515 Nature of Evidence
(A) All relevant evidence must be received according to SDC 5.1.215.
5.1.520 Limitation on Oral Presentations
(A) The Hearings Authority may set reasonable time limits on oral testimony.
5.1.525 Standing.
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(A) Any interested person may appear and be heard in a Type 3 hearing, except that in
appeals heard on the record, a person must have participated in a previous proceeding on
the subject application.
(B) Any person appearing on the record at a hearing (including appeals) or presenting written
evidence in conjunction with an administrative action or hearing has standing and is a
party. A person whose participation consists only of signing a petition will not be
considered a party.
5.1.530 Record
(A) An electronic recording of the hearing must be made.
(B) All exhibits presented must be marked to show the identity of the person offering the
exhibit.
(C) Exhibits must be numbered in the order presented and must be dated.
(D) When exhibits are introduced, the exhibit number or letter must be read into the record.
(E) When a digital storage device is submitted into the record, a transcript of the contents
must also be submitted.
5.1.535 Disclosure of Ex Parte Contacts
(A) Prior to making a decision, the Hearings Authority or any member thereof must not
communicate directly or indirectly with any party or their representative in connection with
any issue involved in a pending hearing except upon notice and opportunity for all parties
to participate. Should such communication – whether written or oral – occur, the Hearings
Authority member must:
(1) Publicly announce for the record the substance of such communication; and
(2) Announce the parties’ right to rebut the substance of the ex parte communication
during the hearing.
(3) Communication between City staff and members of the Planning Commission or City
Council is not considered to be an ex parte contact.
5.1.540 Disclosure of Personal Knowledge
(A) If the Hearings Authority or any member thereof uses personal knowledge acquired
outside of the hearing process in rendering a decision, the Hearings Authority or member
thereof must state the substance of that knowledge on the record and allow all parties the
opportunity to rebut such statement on the record.
(B) For the purposes of this section, a site visit by the Hearings Authority or member thereof is
deemed to fall within this rule. After the site visit has concluded, the Hearing Authority or
member thereof must disclose its observations and conclusions gained from the site visit
on the record and allow all parties the opportunity to rebut such observations or
conclusions.
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5.1.545 Challenge for Bias, Prejudgment or Personal Interest
Prior to or at the commencement of a hearing, any party may challenge the qualification of the
Hearings Authority, or a member thereof, for bias or conflict of interest. The challenge must be
made on the record and be documented with specific reasons supported by facts. Should
qualifications be challenged, the Hearings Authority or the member must disqualify themself,
withdraw, or make a statement on the record of their capacity to hear the matter.
5.1.550 Hearings Procedure
(A) A hearing must be conducted as follows:
(1) The Hearings Authority must explain the purpose of the hearing and announce the
order of proceedings, including reasonable time limits on presentations by parties.
(2) A statement by the Hearings Authority must declare any ex parte contacts, bias, or
conflicts of interest.
(3) Any facts received, noticed, or recognized outside of the hearing must be stated for
the record.
(4) Challenges to the Hearing Authority’s or its member’s qualifications to hear the
matter must be stated and challenges entertained.
(5) At the commencement of a hearing in a quasi-judicial Type 3 decision, the Hearings
Authority or their designee must make a statement to those in attendance that:
(a) Lists the applicable substantive criteria;
(b) States that testimony, arguments, and evidence must be directed toward that
criteria or other criteria in the Comprehensive Plan or land use regulations
which the person believes to apply to the decision;
(c) States that failure to raise an issue accompanied by statements or evidence
sufficient to afford the Hearings Authority and the parties an opportunity to
respond to the issue precludes appeal to the Land Use Board of Appeals
based on that issue.
(6) At the commencement of the initial public hearing, the Hearings Authority or its
designee must make a statement to the applicant that the applicant’s failure to raise
constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow the Hearings Authority to respond to the issue precludes
an action for damages in circuit court. An applicant is not required to raise
constitutional or other issues relating to proposed conditions of approval unless the
conditions of approval are stated with sufficient specificity to enable the applicant to
respond to the conditions prior to the close of the final local hearing.
(7) An issue which may be the basis for an appeal to the Oregon Land Use Board of
Appeals must be raised not later than the close of the record at or following the final
hearing on the proposal before the local government. Such issues must be raised
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and accompanied by statements or evidence sufficient to afford the Hearings
Authority and the parties an adequate opportunity to respond to each issue.
(8) Order of Presentation.
(a) Explanation of procedural requirements.
(b) Open the hearing.
(c) Statement of ex parte contacts, bias, or conflicts of interest.
(d) Challenge for bias or conflicts of interest.
(e) Staff report.
(f) Applicant testimony.
(g) Testimony by those in favor of the application.
(h) Testimony by those neutral.
(i) Testimony by those opposed to the application.
(j) Applicant rebuttal.
(k) Staff comment.
(l) Questions from or to the chair may be entertained at any time at the Hearings
Authority’s discretion prior to close of hearing.
(m) Close the hearing.
(n) Close of the record.
(o) Deliberation.
(p) Decision.
(9) In appeal proceedings, the applicant is the party who initiated the application which is
under appeal. Those person(s) opposed to the application must testify under the
“Testimony by those opposed to the application” portion of the appeal proceeding.
Those persons in favor of the application must testify under the “Testimony by those
in favor of the application” portion of the appeal proceeding.
(10) The record must be available for public review at the hearing.
5.1.555 Setting the Hearing
(A) After an application is deemed accepted a hearing date must be set. A hearing date may
be changed by the City staff, or the Hearings Authority up until the time notice of the
hearing is mailed. After the notice of hearing is mailed, changes in the hearing date must
be processed as a continuance in accordance with SDC 5.1.570, unless a new notice of
hearing is provided at the City’s expense.
(B) If an applicant requests that a hearing date be changed before notice of hearing is mailed,
such request can be granted only if the applicant agrees that the extended time period for
the hearing will not count against the 120-day time limit set forth in ORS 227.178.
5.1.560 Close of the Record
(A) Except as set forth herein, the record must be closed to further testimony or submission of
further argument or evidence at the end of the presentations before the Hearings
Authority.
(B) If the hearing is continued or the record is held open under SDC 5.1.570, further evidence
or testimony must be taken only according to the provisions of that section.
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(C) Otherwise, further testimony or evidence will be allowed only if the record is reopened
under SDC 5.1.580, Reopening the Record.
(D) An applicant must be allowed, unless waived, to submit final written arguments in support
of its application after the written record has closed to other parties, within such time limits
as the Hearings Authority sets. The Hearings Authority must allow applicant at least seven
days to submit their argument, which time is not counted against the 120-day time limit.
5.1.565 Continuances or Record Extensions
(A) Grounds.
(1) Prior to or at the initial hearing, an applicant must receive a continuance upon any
request if accompanied by a corresponding extension of the 120-day time limit. If a
continuance request is made after the published or mailed notice has been provided
by the City, but at least seven days prior to the hearing, the hearing place must be
posted with notification of cancellation and a revised notice with the new hearing
date, place and time must be mailed to all persons who received the original
notification. The applicant is responsible for any costs for providing notice of the
continuance. If a continuance request is made less than seven days prior to the
hearing, the Hearings Official must take evidence at the scheduled hearing date from
any party wishing to testify at that time after notifying those present of the
continuance.
(2) Any party is entitled to a continuance of the initial evidentiary hearing or to have the
record left open in such a proceeding in the following instances: upon the party’s
request made prior to the close of the hearing for time to present additional evidence
or testimony.
(3) Any party is entitled to a continuance of the initial evidentiary hearing where
additional documents or evidence containing new facts or analysis are submitted by
any party less than seven days before the hearing, or upon a showing that denying a
continuance would prejudice the party’s substantial procedural rights.
(B) Except for continuance requests made under subsection (A)(1)-(3) of this section, the
choice between granting a continuance or leaving the record open is at the discretion of
the Hearings Authority. After a choice has been made between leaving the record open or
granting a continuance, the hearing is governed thereafter by the provisions that relate to
the path chosen.
(C) Hearing Continuances
(1) If the Hearings Authority grants a continuance, the hearing must be continued to a
date, time, and place certain at least seven days from the date of the initial hearing.
(2) An opportunity must be provided at the continued hearing for persons to rebut new
evidence and testimony received at the continued hearing.
(D) Leaving Record Open. If the Hearings Authority leaves the record open for additional
written evidence or testimony after the conclusion of the hearing, the Hearings Authority
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must allow for response to written evidence or testimony submitted during the period the
record is held open.
(E) A continuance or record extension granted under this section is subject to the 120-day
time limit unless the continuance or extension is requested or otherwise agreed to by the
applicant. When the record is left open or a continuance is granted after a request by an
applicant, the time during which the 120-day time limit is suspended includes the time
period made available to the applicant and any time period given to parties to respond to
the applicant’s submittal.
5.1.570 Reopening the Record
(A) The Hearings Authority may reopen the record at its discretion, either upon request or on
its own initiative. The Hearings Authority must not reopen the record at the request of an
applicant unless the applicant has agreed in writing to an extension or a waiver of the 120-
day time limit.
(B) Procedures.
(1) Except as otherwise provided for in this section, the manner of testimony (whether
oral or written) and time limits for testimony to be offered upon reopening of the
record is be at the discretion at the Hearings Authority.
(2) The Hearings Authority must give written notice to the parties that the record is being
reopened, stating the reason for reopening the record and how parties can respond.
The parties must be allowed to raise new issues that relate to the new evidence,
testimony, or criteria for decision-making that apply to the matter at issue.
5.1.600 Type 4 Procedures
5.1.605 Type 4 Application – Legislative Procedures
5.1.610 Hearing Required
5.1.615 Notice
5.1.620 Initiation of a Legislative Change
5.1.625 Review Authority
5.1.630 Final Decision
5.1.635 Corrections
5.1.605 Type 4 Legislative Applications
(A) A Type 4 process applies to a legislative matter involving the creation, revision, or large-
scale implementation of public policy including, but not limited to adoption of land use
regulations that apply to entire districts, the annexation of large areas initiated by the City,
and comprehensive plan, functional plan, or refinement plan amendments that are not
quasi-judicial in nature.
(B) A Type 4 Legislative decision is made after public notice, public hearings, and a
recommendation by the Planning Commission to the City Council, except the City Council
is the sole review authority for vacations and annexations.
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5.1.610 Hearing Required
(A) No legislative change can be adopted without review by the Planning Commission and a
final public hearing before the City Council, except the City Council is the sole review
authority for vacations and annexations. Public hearings are set at the discretion of the
Director, unless otherwise required by State law.
5.1.615 Notice
(A) Published Notice.
(1) Notice of a Type 4 legislative change must be published in a newspaper of general
circulation in the City at least 20 days prior to each public hearing.
(2) The published notice must state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
(B) Posted Notice. Notice must be posted at the discretion of the Director.
(C) Individual Notice. Notice must be mailed as provided in ORS 227.186 prior to the first
hearing on an ordinance to rezone property or the first hearing on an ordinance to adopt or
amend a comprehensive plan that would require property to be rezoned to comply with the
amended or new plan.
(D) Neighborhood Associations. Notice of Type 4 legislative changes must be mailed to the
designated land use chair of any neighborhood association recognized by the City of
Springfield, where the legislative change affects any land within the boundary of such
neighborhood association.
(E) The Director will distribute the application to the Development Review Committee or the
Historic Commission for comments, where applicable.
5.1.620 Initiation of a Legislative Change
(A) Requests for a plan map or text amendment of the Springfield Comprehensive Plan or its
implementing documents may be initiated by an individual, corporation, or public agency
upon submittal of an application, supporting documentation and payment of required fees.
The City Council, Planning Commission, or Director may also initiate legislative changes.
5.1.625 Review Authority
(A) A Type 4 legislative change entirely within City limits must be reviewed by the Planning
Commission prior to action being taken by the City Council, except the City Council is the
sole review authority for annexations and vacations.
(B) A Type 4 legislative change to a comprehensive plan that is entirely or partially outside
City limits and within the Springfield Urban Growth boundary must be reviewed jointly with
Lane County as provided in SDC 5.14-130.
Commented [KK24]: add the 10+10 language from
mailed notices?
Commented [KK25]: With change, we should no longer have site-specific Type 4 decisions. Changing
this to reflect BM 56 notice.
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(C) A Type 4 legislative change to land use regulations that apply entirely or partially outside
City limits must be reviewed by the Planning Commission, and Lane County Planning
Commission at Lane County’s discretion, prior to action being taken jointly by the City
Council and Lane County Board of Commissioners.
5.1.630 Final Decision
(A) All Type 4 legislative changes must be adopted by ordinance.
(B) The Planning Commission must make a recommendation to the City Council to approve,
approve with conditions, or deny the application. The Planning Commission's
recommendation must address all of the applicable approval standards and criteria and
any written or oral testimony.
(C) The City Council may approve, approve with conditions, or deny the application. The City
Council's decision must include findings that address all the applicable approval standards
and/or development standards and any written or oral testimony.
(D) The City Council’s decision is the City’s final decision. The decision becomes effective 30
days after the decision is made if there is no emergency clause in the adopting Ordinance,
unless provided otherwise on the face of the ordinance. Notwithstanding the effective date
of an ordinance as specified above, the effective date of annexations must be as
prescribed in ORS 222.040, 222.180, or 222.465. Notice of decision is mailed to the
applicant, property owner, those persons who submitted written or oral testimony, those
who requested notice, and as required by ORS 222 State law and SDC 5.7.150. Where
required, the notice of decision must also be mailed to the Department of Land
Conservation and Development as specified in ORS 197.615 and by DLCD rule.
(E) For Metro Plan amendments that require adoption by the City, Eugene and/or Lane
County, the City Council decision is final only upon concurrence of the Lane County
Commissioners and the City of Eugene City Council, as appropriate.
(F) The City Council's decision may be appealed within 21 calendar days to the Land Use
Board of Appeals as specified in ORS 197.830 and SDC 5.1.800.
5.1.635 Corrections
(A) The City Attorney may renumber sections and parts of sections of ordinances, change the
wording of titles, rearrange sections, change reference numbers to agree with renumbered
chapters, sections, or other parts, substitute the proper subsection, section, or chapter or
other division numbers, strike out figures or words that are merely repetitious, change
capitalization for the purpose of uniformity, and correct clerical or typographical errors. In
preparing revisions described herein, the City Attorney shall not alter the sense, meaning,
effect, or substance of any ordinance.
5.1.700 Reconsideration
5.1.705 Reconsideration
5.1.710 Procedure
5.1.715 Limitation on Reconsideration
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5.1.705 Reconsideration
(A) An applicant may request that the Review Authority’s decision be reconsidered as set forth
herein. A request for reconsideration must be accompanied by a fee established by the
City and by applicant’s written consent that the 120-day time limit will not run during the
period of the reconsideration and the resulting extended appeal period. The fee will be
waived when, in the opinion of the Director, the reconsideration is requested to correct a
clerical or technical error that is the City’s fault.
(B) Grounds for reconsideration of a Type 1 or Type 2 decision are limited to the following
instances:
(1) The applicant’s submission of additional documents or evidence, that merely clarifies
or supports the pending application, directed to one or more discreet aspects of the
decision. The new information must not constitute a modification of application as
defined herein.
(2) Correction of an error in a condition established by the Review Authority where the
condition is not supported by the record or is not supported by law.
(3) Correction of errors that are technical or clerical in nature.
(C) Grounds for reconsideration of the Hearing Authority’s decision are limited to the following
instances where an alleged error substantially affects the rights of the applicant:
(1) Correction of an error in a condition established by the Hearings Authority where the
condition is not supported by the record or is not supported by law;
(2) Correction of errors that are technical or clerical in nature.
5.1.710 Procedure
(A) A request for reconsideration must be filed with the Director within 12 days of the date the
decision was mailed. The request must identify the condition or issue to be considered and
must specify how the applicant would be adversely affected if the issue were to remain
uncorrected.
(B) Upon receipt of a request for reconsideration of a Type 1 or 2 decision, the Director must
determine whether the request for reconsideration has merit. No comment period or prior
notice is required for an administrative reconsideration.
(C) Upon receipt of a request for reconsideration of a Type 3 decision, the Director must notify
all parties to the proceeding of the request and allow for a ten-day comment period on the
request. In those instances, in which the only grounds for reconsideration of a Type 3
decision are technical or clerical in nature, at the end of the comment period, the Director
must determine whether the request for reconsideration has merit. In all other instances, at
the end of the comment period, the Hearings Authority must determine whether the
request for reconsideration has merit.
(D) The Review Authority must modify the decision upon a determination that the request has
merit and the issue substantially affects the applicant. Notice of the modification must be
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sent to all parties to the proceeding. If the Review Authority determines that no
modification is warranted, a denial must be issued and sent to all parties to the
proceeding.
(E) Filing a request for a reconsideration is not be a precondition for appealing a decision.
(F) Filing a request for reconsideration stays the deadline for any party to file an appeal of the
Review Authority’s decision. A new 12-day appeal period for all parties to the proceeding
commences upon mailing of a modification or upon mailing a determination that a
modification is not warranted. The new 12-day appeal period will not be calculated as part
of the 120-day time limit. If an opponent files an appeal and an applicant has requested
reconsideration, the opponent’s appeal must be stayed pending disposition of the request
for modification. If the decision is not modified, the appeal will be processed according to
the procedures set forth in SDC 5.1.800. If the decision is modified, the appellant must,
within 12 days of the mailing of the modified decision, file in writing a statement requesting
that its appeal be activated or the appeal will be automatically dismissed.
5.1.715 Limitation on Reconsideration
(A) No decision can be reconsidered more than once before the same Review Authority.
5.1.800 Appeals
5.1.805 Who May Appeal
5.1.810 Filing Appeals
5.1.815 Notice of Appeal
5.1.820 Determination of Jurisdictional Defects
5.1.825 Consolidation of Multiple Appeals
5.1.830 Scope of Review
5.1.835 Hearing on Appeal
5.1.840 Re-hearing
5.1.845 Remands
5.1.850 Withdrawal of an Appeal
5.1.805 Who May Appeal
(A) The following may file an appeal:
(1) A party; or
(2) A person entitled to notice and to whom no notice was mailed.
(B) A person to whom notice is mailed is deemed notified even if notice is not received.
5.1.810 Filing Appeals
(A) To file an appeal, an appellant must file a completed notice of appeal on a form prescribed
by the Director and pay an appeal fee.
(B) Unless a request for reconsideration has been filed, the notice of appeal and appeal fee
must be received by the Community Development Director no later than the close of the
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public counter on the twelfth day following mailing of the decision. If a decision has been
modified on reconsideration, an appeal must be filed no later than the twelfth day following
mailing of the decision as modified. Notices of appeals must not be received by facsimile
machine or e-mail.
(C) In the case of an appeal of a Type 2 decision to the Hearings Officer or to the Planning
Commission, the Hearings Authority’s decision on appeal is final 12 days after the decision
is mailed. Except that, within 12 days after the decision is mailed, the City Council may, on
its own motion and at its discretion, call up the a decision of the Planning Commission and
conduct an on the record review of the decision on the record and limited to issues
identified in the Council’s motion.
(D) In the case of an appeal of a Type 3 decision, the City Council’s decision whether to
grant review is discretionary. If the City Council declines review, the appellant may be
entitled to a partial refund according to the City’s adopted Fees Resolution.
(E) The Hearings Officer’s decision on a Type 3 decision or upon appeal of a Type 2
decision is the City’s final decision and is appealable only.
5.1.815 Notice of Appeal
(A) The Notice of Appeal must contain:
(1) A description of the decision which is being appealed, including the date of decision.
(2) A statement describing the interest the person who is appealing has in the decision.
Only persons who have proper standing as provided by the law, and who have
participated in the decision being appealed (if provision for such participation was
provided in the previous proceeding), may appeal the decision. The statement of
interest must demonstrate the person’s standing and participation.
(3) A description of the issues sought to be raised by the appeal; and a statement that
the issues were raised during the proceeding that produced the decision being
appealed. This description must include the specific criteria relied upon as the basis
for the appeal, and an explanation of why the decision has not complied with the
standards or requirements of the criteria. The issues raised by the appeal must be
stated with sufficient specificity to afford the reviewing authority an opportunity to
resolve each issue raised.
(4) In the case of a discretionary appeal request to the City Council, the Notice of Appeal
must include the following additional information to assist the City Council in deciding
whether to grant discretionary review of the decision being appealed:
(a) How the appeal presents issues that have significant public policy or
community-wide implications for the City, as opposed to more limited issues
which primarily involve the directly affected property or persons involved in the
land use decision being appealed.
(b) Why it is necessary or desirable for the City Council to review these issues; and
why the issues cannot be adequately and fairly reviewed by the Oregon Land
Use Board of Appeals.
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5.1.820 Determination of Jurisdictional Defects
(A) Any failure to conform to the requirements of SDC 5.1.810, Filing Appeals, and 5.1.815,
Notice of Appeal, will constitute a jurisdictional defect and the appeal will be dismissed.
(B) Determination of jurisdictional defects in an appeal must be made by the Review Authority
to which an appeal has been made.
5.1.825 Consolidation of Multiple Appeals
(A) If more than one party files a notice of appeal on a land use action decision, the appeals
must be consolidated and noticed and heard as one proceeding.
(B) In instances of multiple appeals where separate appellants have asked for a differing
scope of review, any grant of de novo review must control over a separate request for a
more limited review on appeal.
5.1.830 Scope of Review
(A) Before Hearings Official or Planning Commission. The review of a Type 2 decision on
appeal before the Hearings Officer or Planning Commission is de novo.
(B) Before the Council.
(1) Review of land use decisions by the City Council on appeal is discretionary. A
decision by the City Council to not grant discretionary review of the appeal is the final
determination of the City and will be considered to be an adoption by the Council of
the decision being appealed, including any interpretations of this code or of the plan
provisions included in the decision. The final decision may be appealed to the Land
Use Board of Appeals as provided by law. The City Council’s decision whether to
grant discretionary review will be made without testimony or argument from persons
interested in the appeal.
(2) The scope of review for appeals that are granted discretionary review by the City
Council must be:
(a) Restricted to the issues raised in the Notice of Appeal, or as prescribed by the
City Council; and
(b) Be conducted during an appeal hearing before the City Council on the record
made as part of the decision being appealed.
(3) The record for discretionary review by the City Council must include:
(a) The land use application or request which is the subject of the appeal, any staff
report, and all written comments, exhibits, or any other materials or information
considered by the decision-maker in the proceedings that produced the
decision being appealed.
Commented [KK26]: This is a change in policy, but not necessarily any "capital P" Policy in a comp plan or Goal 1 plan.
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(b) A written transcript of all proceedings before the decision-maker, or a stipulated
written summary of the proceedings submitted by all of the parties to the
appeal.
(c) Appellants must submit the transcript or stipulated written summary of the
proceedings to the Community Development Division no later than the close of
the day five days prior to the date set for receipt of written arguments.
(d) An appellant is excused from providing a transcript or stipulated written
summary of the proceedings if the appellant was prevented from complying by:
(i) The Director’s inability to supply the appellant with an audio recording of
the prior proceeding; or
(ii) Defects on the audio recording of the prior proceeding that make it not
reasonably possible for the appellant to supply a transcript. Appellants
must comply to the maximum extent reasonably and practicably possible.
(4) An appeal hearing before the City Council must be conducted according to such
procedures as the City Council prescribes, which may include an opportunity for
presentations by the parties to the appeal.
(5) Decisions reviewed by the City Council can be affirmed, remanded, reversed, or
modified in whole or in part by the City Council.
5.1.835 Hearing on Appeal
(A) The appellant and all other parties to the decision below must be mailed notice of the
hearing on appeal at least 20 days prior to any de novo hearing or deadline for submission
of written arguments.
(B) Except as otherwise provided in this section, the appeal must be heard as provided in
SDC 5.1.500, Quasi-Judicial Hearings. The applicant must proceed first in all appeals.
(C) The order of Review Authority must be as provided in SDC 5.1.510, Hearings Authority.
(D) The record of the proceeding from which appeal is taken must be a part of the record on
appeal.
(E) The record for a review on the record must consist of the following:
(1) Minutes and audio recordings of any prior hearing, if available;
(2) All written and graphic materials that were part of the record below;
(3) The Review Authority’s decision appealed from;
(4) Written arguments, based upon the record developed below, submitted by any party
to the decision;
(5) A staff report and staff comment based on the record; and
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(6) Other information deemed relevant by the Review Authority.
(F) The City Council must not consider any new factual information in an “on the record”
proceeding. Brief oral argument by the applicant and the appellant on the record may be
allowed by the City Council.
5.1.840 Re-hearing
(A) Re-hearings are not allowed.
5.1.845 Remands
(A) Applications must not be remanded to a lower level Review Authority after appeal, except
by City Council as provided in SDC 5.1.830(B)(5).
5.1.850 Withdrawal of an Appeal
(A) An appeal may be withdrawn in writing by an appellant at any time prior to the rendering of
a final decision. Subject to the existence of other appeals on the same application, in such
event the appeal proceedings must terminate as of the date the withdrawal is received. An
appeal may be withdrawn under this section regardless of whether other non-filing parties
have relied upon the appeal filed by the appellant.
5.1.900 Proceedings on Remand
5.1.905 Purpose
5.1.910 Hearings Official
5.1.915 Notice and Hearings Requirements
5.1.920 Scope of Proceeding
5.1.925 Effect of Reversal
5.1.905 Purpose
(A) This section governs the procedures to be followed where a decision of the City has been
remanded by the Land Use Board of Appeals (LUBA), the Department of Land
Conservation and Development (DLCD), the Land Conservation and Development
Commission (LCDC), or the Appellate Courts.
5.1.910 Review Authority
(A) The Review Authority for a remanded decision must be the last Review Authority from
which the appeal to LUBA or submittal to DLCD was taken, except that in voluntary or
stipulated remands, the City Council may decide that it will hear the case on remand.
5.1.915 Notice and Hearings Requirements
(A) The City must conduct a review on any remanded decision if requested by the applicant in
writing or initiated by the City for a City project. The remand procedure must be according
to the applicable provisions of this section and the decision by LUBA, DLCD, LCDC, or
Appellate Court, and applicable State law. Unless State law requires otherwise, only those
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persons who were parties to the proceedings before the City are entitled to notice and
entitled to participate in any hearing on remand.
(B) The review procedures must comply with State law and with the requirements of this Code
for either legislative or quasi-judicial procedures, whichever was employed for the initial
decision or as required by the remand.
5.1.920 Scope of Proceeding
(A) On remand, the Review Authority must review only those issues that LUBA, DLCD, LCDC,
or an appellate court required to be addressed. The Review Authority has the discretion to
reopen the record as it deems appropriate.
(B) If additional testimony is required to comply with the remand, parties may raise new,
unresolved issues that relate to new evidence directed toward the issue on remand. Other
issues that were resolved by LUBA, DLCD, LCDC, or the Appellate Court or that were not
appealed are deemed to be waived and may not be reopened.
(C) Notwithstanding subsections (A) and (B) above, for remands of City-initiated legislative
amendments or for any voluntary or stipulated remand reviewed by the City Council, the
City Council may allow the introduction and processing of new work tasks, issues,
evidence, and testimony if the Council determines that the information or task is necessary
and/or valuable.
5.1.925 Effect of Reversal
(A) A decision reversed by LUBA, DLCD, LCDC, or an appellate court that results in a final
appellate judgment or order of reversal cannot be further heard by the City in the absence
of an amended or a new application. Submission of a revised application is governed by
the time limit set forth in SDC 5.1.1030, Limitation on Refiling Applications.
5.1.1000 Limitations on Approvals
5.1.1005 Expiration of Approval
5.1.1010 Initiation of Use
5.1.1015 Modification of Approval
5.1.1020 Transfer of Approval
5.1.1025 Revocation of Approval
5.1.1030 Limitations on Refiling Applications
5.1.1005 Expiration of Approval
(A) Scope
(1) Except as otherwise provided herein, this section applies to and describes the
duration of all development approvals provided for under this code.
(2) This section does not apply to:
(a) Those determinations made by declaratory ruling, such as verifications of
nonconforming uses and lot of record determinations that involve a
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determination of the legal status of a property, rather than whether a particular
application for a specific land use meets the applicable standards of the code.
Such determinations are final unless appealed and are not subject to any time
limits;
(b) Temporary use permits of all kinds, which are governed by applicable
ordinance provisions specifying the duration of such permits;
(c) Quasi-judicial and legislative plan and map amendments;
(d) Master Plans, which are governed by SDC 5.13.100, Master Plans; or
(e) Annexations; or
(f) Vacations.
(B) Duration of Approvals
(1) A permit for a discretionary approval is void two years after the date of the final
decision if the use approved in the permit is not initiated within that time period,
unless otherwise specified in the approval, by other provisions of this Code, and or
unless the approval period is extended pursuant to subsection (C) below.
(2) Approval of tentative land division plats is void two years after the date of preliminary
approval, if the final plat has not been recorded with Lane County, unless otherwise
specified in the approval, by other provisions of this Code, and or unless the
approval period is extended pursuant to subsection (C) below.
A one-year extension may be approved by the Director if the applicant can
demonstrate sufficient progress to reasonably assure the plat will be recorded at the
end of the third year, and if:
(a) An applicant makes a written request for an extension of the development
approval period; and
(b) The request is submitted to the Director prior to the expiration of the approval
period.
(3) In the case of a development approval authorized under applicable approval
standards to be completed in phases, each phase must be consistent with the time
specified in the approval. In no case can the total time period for all phases be
greater than five years.
(C) Time Extensions
(1) Unless prohibited by the approval or other provisions of this Code, the Director may
grant one extension of up to one year for a development approval that contained a
two-year initial duration of approval, if:
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(a) An applicant makes a written request on the form provided by the Director for
an extension of the development approval period, accompanied by the required
fee; and
(b) The request for extension is submitted to the Director prior to the expiration of
the approval period, but not earlier than six months before the expiration date
of the permit.
(2) The Director may grant one or more additional extensions if authorized by a City
Council resolution which recognizes a City-wide need for an additional limited-
duration extension, not to exceed two years. The additional extension may be
granted if:
(a) The applicant has exhausted all other extension opportunities;
(b) The applicant makes a written request for an extension of the development
approval period; and
(c) The request is submitted to the Director prior to the expiration of the approval
period.
(3) In addition to, or in lieu of, the extensions provided under subsections (C)(1) and
(C)(2) above, the Director may grant an additional extension based upon good
cause, provided that:
(a) The request for an extension is made in writing prior to expiration of the
original approval;
(b) There are special or unusual circumstances that exist which warrant an
extension;
(c) No material changes of surrounding land uses or zoning has occurred; and
(d) No new land use regulations have been adopted that affect the applicant’s
proposed development.
(4) Approval of an extension granted under this section is an administrative decision and
is not a land use decision or a limited land use decision as described in ORS
197.015 or this code. An extension is not subject to appeal and will be processed as
a Type 1 application.
(D) Effect of Appeals. The time period set forth in subsection (B) of this section will be tolled
upon filing of an appeal to LUBA, until all appeals are resolved.
5.1.1010 Initiation of Use
(A) For the purposes of this Section, development undertaken under a development approval
described in SDC 5.1.1005, Expiration of Approval, has been “initiated” if it is determined
that:
(1) The proposed use has lawfully occurred;
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(2) Substantial construction toward completion of the development approval has taken
place; or
(3) Where construction is not required by the approval, the conditions of a permit or
approval have been substantially exercised and any failure to fully comply with the
conditions is not the fault of the applicant.
(B) For the purposes of this section, substantial construction has occurred when the holder
of an approval has physically altered the land or structure or changed the use thereof and
such alteration or change is directed toward the completion and is sufficient in terms of
time, labor or money spent to demonstrate a good faith effort to complete the
development.
(C) Initiation of use must not be granted in lieu of a phased approval.
(D) A determination of whether a land use has been initiated must be processed as a
declaratory ruling.
5.1.1015 Modification of Approval
(A) An approval may be modified at any time after a decision becomes final.
(B) Modification of Type 2 Approval Procedures
(1) A modification of a Type 2 approval that does not have significant additional impacts
on surrounding properties must be reviewed only under the standards applicable to
the aspect(s) of the proposal that are to be modified.
(2) A modification that has significant additional impacts on surrounding properties must
be reviewed under all standards applicable to the entire approval and may, at the
discretion of the Director, require the filing of a new application.
(3) A modification must not be considered to have significant additional impacts on
surrounding properties if the identified impacts could be addressed under the
applicable provisions of this code at the time of future development (e.g., a future site
plan review or conditional use permit application).
(4) A modification that is a new proposal must be filed as a new application.
(C) An application for a modification of a Type 1 approval must be processed as a Type 1
application. All other modifications must be processed as a Type 2 application unless
elevated to a Type 3 process by the Director.
(D) The original approval time limitation is governed by SDC 5.1.1005.
(E) Modifications of development approvals must meet the approval standards required in
subsection (B) of this section in the appropriate corresponding section of this code (e.g.,
modification of a site plan review approval is subject to SDC 5.17; modification of a
discretionary use permit is subject to SDC 5.9, modification of a master plan is subject to
the applicable sections in SDC 5.13).
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5.1.1020 Transfer of Approval
(A) Except as otherwise provided in this code, a development approval is deemed to run with
the land and be transferable to applicant’s successors in interest.
5.1.1025 Revocation of Approval
(A) Proceedings to revoke a development approval must be initiated by the Director by giving
notice of intent to revoke to the property owner.
(B) The Director may revoke a development approval for the following reasons:
(1) The conditions or terms of development approval are violated; or
(2) The project is not in substantial conformance with the approved plans or decision; or
(3) The applicant or the applicant’s representative made a material misstatement of fact
in the application or supporting documents and such misstatement was relied upon
by the Review Authority in making its decision whether to accept or approve the
application.
(C) Revocations must be processed as a declaratory ruling according to SDC 5.1.1100.
5.1.1030 Limitations on Refiling Applications
(A) An application for a property owner-initiated Plan Amendment, which a substantially
similar application relating to the same property or tract has been denied within the
previous year, will not be accepted. At the Director’s discretion, an earlier refiling may be
allowed if it can be demonstrated that the basis for the original denial has been eliminated.
5.1.1100 Declaratory Ruling
5.1.1105 Availability of Declaratory Ruling
5.1.1110 Who May Apply
5.1.1115 Procedures
5.1.1120 Effect of Declaratory Ruling
5.1.1125 Revocation of Approval
5.1.1130 Limitations on Refiling Applications
5.1.1105 Availability of Declaratory Ruling
(A) Subject to the other provisions of this section, the Declaratory Ruling process is available
for the City’s comprehensive plan and this Code for the following categories of rulings.
Such a determination or interpretation is known as a “declaratory ruling” and will be
processed according to this section. In all cases, as part of making a determination or
interpretation the Review Authority Director (where appropriate) or Hearings Official
(where appropriate) has the authority to declare the rights and obligations of persons
affected by the ruling.
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(1) Interpreting a provision of the Springfield Comprehensive Plan, Metro Plan,
functional plan, or refinement plan, or implementing ordinances (and other
documents incorporated by reference) in which there is doubt or a dispute as to its
meaning or application;
(2) Interpreting a provision or limitation of a development approval issued by the City in
which there is doubt or a dispute as to its meaning or application;
(3) Determining whether an approval has been initiated or considering the revocation of
a previously issued development approval;
(4) Determining the validity and scope of a nonconforming use; and
(5) Determining whether a lot is a lot of record.
(B) A declaratory ruling is available only in instances involving a fact-specific controversy and
to resolve and determine the particular rights and obligations of particular parties to the
controversy. Declaratory proceedings must not be used to grant an advisory opinion on a
specific quasi-judicial development application. Declaratory proceedings must not be used
as a substitute for seeking an amendment of general applicability to a legislative
enactment.
(C) Declaratory rulings must not be used as a substitute for an appeal of a decision or for a
modification of an approval. In the case of a ruling on a City development approval, a
declaratory ruling is not available until 60 days after a decision is final.
(D) The Director may refuse to accept, and the Hearings Authority may deny an application for
a declaratory ruling if:
(1) The Director or Hearings Authority determines that the question presented can be
decided in conjunction with approving or denying a pending application or if in the
Director or Hearings Official’s Authority’s judgment the requested determination
should be made as part of a decision on a development application not yet filed; or
(2) The Director or Hearings Authority determines that there is an enforcement case
pending in circuit court in which the same issue necessarily will be decided as to the
applicant and the applicant failed to file the request for a declaratory ruling within two
weeks after being cited or served with a complaint. The Director or Hearings
Authority’s determination to not accept or to deny an application under this section
will be the City’s final decision.
5.1.1110 Who May Apply
(A) The following may initiate a declaratory ruling under this section:
(1) The owner of a property requesting a declaratory ruling relating to the use of the
owner’s property;
(2) In cases where the request is to interpret a previously issued development approval,
the holder of the approval; or
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(3) In all cases arising under SDC 5.1.1105, Availability of Declaratory Ruling, the
Director.
No other person is entitle to initiate a declaratory ruling.
(B) A request for a declaratory ruling must be initiated by filing an application with the Director
and, except for applications initiated by the Director, must be accompanied by such fees
as have been set by the City Council. Each application for a declaratory ruling must
include the precise question on which a ruling is sought. The application must set forth
whatever facts are relevant and necessary for making the determination and such other
information as may be required by the Director.
5.1.1120 Procedures
(A) Declaratory rulings will be processed as either a Type 2 or Type 3 application.
5.1.1130 Effect of Declaratory Ruling
(A) A declaratory ruling will be conclusive on the subject of the ruling and bind the parties
thereto as to the determination made.
(B) SDC 5.1.1030 Limitations on Refiling Applications notwithstanding, and except as
specifically allowed therein, parties to a declaratory ruling are not entitled to reapply for a
declaratory ruling on the same question.
(C) Except when a declaratory ruling is made by the City Council, the ruling does not
constitute a final policy of the City of Springfield.
5.1.1200 Development Agreements
5.1.1205 Purpose
5.1.1210 Applicability
5.1.1215 Initiation
5.1.1220 Negotiations
5.1.1225 Adoption
5.1.1230 Hearings Official
5.1.1205 Purpose
(A) The purpose of this section is to clarify the authority and procedures for City Council
consideration of Development Agreements authorized by ORS Chapter 94 outside the
land use process.
5.1.1210 Applicability
(A) The City Council may establish a Development Agreement between the City and any
person having a legal or equitable interest in real property for the development of that
property. Development Agreements that do not include a development application are not
governed by the City’s Development Code and may be established in any manner deemed
appropriate by the Council, consistent with the Council’s authority under the City’s Charter.
Development Agreements that contain a development application are governed by this
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section. The following include but are not limited to situations that may require a
Development Agreement as described by this section:
(1) Multiple party or partnership situations;
(2) Large infrastructure requirements;
(3) Timing issues;
(4) Litigation;
(5) Urban renewal.
5.1.1215 Initiation
(A) Development Agreements governed by this section may be initiated by the Council on its
own motion or in response to a request by City staff, following consultation with any
person having a legal or equitable interest in the property that is the subject of the
proposed Development Agreement. Neither City staff nor the Council are required to
proceed with consideration of a request for a Development Agreement.
5.1.1220 Negotiation
(A) Negotiations between the parties to a Development Agreement must commence upon a
request by the City Council to identified City staff to establish a Memorandum of
Understanding (MOU) regarding the anticipated scope of the Development Agreement.
5.1.1225 Adoption
(A) The provisions of ORS 94.504 through 94.528 must be followed in the adoption of a
Development Agreement under this section. Once a preliminary agreement is reached
between the parties, the owner or owners of the property that is the subject of the
Development Agreement must submit an application to the Director for adoption of the
Development Agreement and for any development application requested in connection
with the Development Agreement.
5.1.1230 Hearings Authority
(A) Notwithstanding any other provision of this code to the contrary, the City Council is the
Hearings Authority for a Development Agreement. The Council may appoint the Planning
Commission to serve as the Hearings Authority for specific development applications
associated with a proposed Development Agreement, prior to the final decision on the
Development Agreement as a whole. In that event, the Council must establish a schedule
for such decisions, and must consider, but will not be bound by, such decisions.
5.1.1300 Summary of Development Application Types
There are four types of procedures: Type 1, 2, 3, and 4. Table 5.1.1300 lists the City’s
development applications and their required types of procedure(s).
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Type of Application Decision Type Applicable SDC
Sections
Accessory Dwelling Unit Type I 5.5-100
Amendment of Development Code Text Type IV 5.6-100
Amendment of Refinement Plan Text or Diagram Type IV 5.6-100
Annexation Type IV 5.7-100
Appeal of a Type II Director’s Decision Type III 5.3-100
Appeal of Type III Decision to City Council Type IV 5.3-100
Appeal of an Expedited Land Division Type III 5.3-125
Conceptual Development Plan Type III Applicable Section
Conceptual Development Plan Amendment Type III Applicable Section
Demolition of Historic Landmark Type III 3.3-900
Determination of Nonconforming Use Status Type I 5.8-100
Development Issues Meeting Type I 5.1-100
Discretionary Use Type III 5.9-100
Drinking Water Protection Overlay District
Development
Type I 3.3-200
Duplex and Attached Single-Family Dwelling
Design Standards
Type I 4.7-142
Emergency Medical Hardship Type II 5.10-100
Establishment of Historic Landmark Inventory Type III 3.3-900
Expansion/Modification of a Non-Conforming Use Type II 5.8-100
Expedited Land Division Type II 5.1-145
Extraterritorial Extension of Water or Sewer Service Type IV 3.3-825
Final Site Plan Equivalent Type I 5.17-100
Final Site Plan Review/Development Agreement Type I 5.17-100
Floodplain Development Type I 3.3-400
Hillside Development Overlay District Type II 3.3-500
Historic Commission Review—Major Alteration Type II 3.3-900
Historic Commission Review—Minor Alterations Type I 3.3-900
Home Occupations Type I 4.7-165
HS Hospital Support Overlay District Type II 3.3-1100
Interpretation involving policy Type IV 5.11-100
Interpretation not involving policy Type III/no
formal review 5.11-100/3.4-260
Land Use Compatibility Statement Type I 3.1-100
Major or Minor Replat Tentative Plan Type II 5.12-100
Major or Minor Replat Plat Type I 5.12-100
Major Variance Type III 5.21-100
Manufactured Dwelling Park Type II 3.2-235
Manufactured Dwelling Park Space Line Adjustment Type I 3.2-235
Manufactured Home—Temporary Residential Use Type I 3.2-235
Master Plan Type III 5.13-100
Master Plan Amendment Various 5.13-100
Metro Plan Amendment Type I (text) or Type II
(diagram)
Type IV 5.14-100
Minimum Development Standards Type I 5.15-100
Minor Variance Type II 5.21-100
Partition Tentative Plan Type II 5.12-100
Commented [RM27]: Need to go through this list and
verify each type etc. Double check section numbers.
Change Type numbers from roman to standard.
Attachment 4, Page 38 of 39
Page 39 of 39
June 24, 2021
Pre-Application Report Type I 5.1-100
Property Line Adjustment—Single Type I 5.16-100
Property Line Adjustment—Serial Type II 5.16-100
Site Plan Modification—Minor Type I 5.17-100
Site Plan Review Modification—Major Type II 5.17-100
Site Plan Review Type II 5.17-100
Solar Access Protection Type II 5.18-100
Subdivision Tentative Plan Type II 5.12-100
Tree Felling Permit Type II 5.19-100
Vacation of Plats, Public Right-of-Way, or Other
Public Property
Type IV 5.20-100
Vacation of Public Easements Type II 5.20-100
Willamette Greenway Overlay District Development Type III 3.3-300/3.4-280
Wireless Telecommunications Systems Facilities Type I, II, or III 4.3-145
Land Use District Map Amendment Type III 5.22-100
Deleted: Zoning
Attachment 4, Page 39 of 39
Page 1 of 3
June 24, 2021
Springfield Development Code Update Project
Significant Code Change Summary
Terminology Changes
Existing Proposed new
Number
format change
3.2-100.A.1.a 3.2.100(A)(1)(a)
Change in
code terms
Zoning Land Use District
Single-family detached
dwelling
Single unit dwelling-detached
Single-family attached
dwelling/zero lot line
Townhomes
Duplex Defined to include any two units on a lot
or parcel. Can be either attached or
detached.
Triplex Defined to include any three units on a lot
or parcel. Can be either attached or
detached.
Fourplex Defined to include any four units on a lot
or parcel. Can be either attached or
detached.
Middle Housing This is a new term that includes Duplex,
Triplex, Fourplex, Townhomes, and
Cottage Clusters. Added definitions for all
of these housing types based on new
state law for middle housing.
Multi-family dwelling Multiple unit housing
Low Density Residential
(LDR) district
R-1 land use district
Medium Density Residential
(MDR) district
R-2 land use district
Hight Density Residential
(HDR) district
R-3 land use district
Development Issues
Meeting
Development Initiation Meeting
Pre-application report Pre-application meeting
Attachment 5, Page 1 of 3
Page 2 of 3
June 24, 2021
General code changes
Standard Proposed Revision
Phase 1 -
Residential
changes
Middle Housing1 Allowed in LDR/R-1 district to be
consistent with new middle housing state
laws.
Lot size
Low Density Residential
(LDR)/R-1 land use district
Reduce minimum lot size from 4,500
square feet to 3,000 square feet to allow
for the full range of density allowed by
the Low Density Residential plan
designation.
Small Lot Residential (SLR)
district
With changes to allow middle housing in
the R-1 district, this zoning district (which
has not been applied anywhere) is no
longer needed, nor does it comply with
clear and objective standards for
housing.
Single unit dwellings,
detached (formally Single-
family homes (SFD’s)).
No longer allowed in MDR/R-2, or
HDR/R-3 land use districts. Changes in
response to middle housing requirements
and density standards.
Duplex dwellings No longer allowed in HDR/R-3 district.
Changes in response to middle housing
requirements and density standards.
Manufactured home parks Allowed in the R-2 district in addition to
the R-1 district. Standards minimized.
Solar setback standards
(existing code section 3.2-
225)
Proposed to be removed. Identified by
Housing Code Audit as a barrier to
development and recommended by the
Housing Technical Advisory Committee
to be removed.
Single room occupancy use Allowed in R-1, R-2, and R-3 districts
Clear and objective
standards, in conformance
with state law
Housing approval path provided through
clear and objective approval path, Type 1
approval process.
Specific Development
Standards (existing code
section 4.7-100)
Special Standards and Regulations for
Certain Uses in Residential Districts (new
code section 4.7.200-4.7.300). Updated
for clear and objective standards, to meet
state law, and to simplify code.
Phase 2 –
Employment
Uses allowed by zoning
district
Move away from specific list of uses to
broad categories of uses
1 See Middle Housing term in table above. Middle Housing includes duplex, triplex, fourplex, townhomes, and
cottage clusters.
Attachment 5, Page 2 of 3
Page 3 of 3
June 24, 2021
Lands
changes
Site Plan Review Clarify approval standards
Minimum Development
Standards (MDS)
Reduce from two types, minor and major,
to one type.
Minimum Development
Standards (MDS)
Make clear and objective, Type 1
process.
Phase 2 –
Development
Standards
changes
On-site lighting standards Require clear standards for full cut off
light fixtures to reduce light pollution.
Limit lighting types.
Landscape standards Provide clear and objective standards.
Parking standards On-site parking requirements reduced to
reflect middle housing and accessory
dwelling unit requirements.
Phase 2 –
Procedures
changes
Development Review
Process and Applications
(existing code sections 5.1-
100 - 5.4.100)
Development Review and Procedures
(new code section 5.1.100). Changed to
provide clarity and specificity. Updated to
conform with state law.
Type 1 review process Clarified clear and objective process.
Established Type 1 process for all
housing as required by state law.
Attachment 5, Page 3 of 3