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Home My WebLink AboutOrdinance 5728 03/07/1994 . . . ,~ ~'" ORDINANCE NO. 5728 (GENERAL) AN ORDINANCE REVISING THE SPRINGFIELD DEVELOPMENT, CODE BY AMENDING PORTIONS OF ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES; ARTICLE 14 PUBLIC HEARINGS; ARTICLE 16 RESIDENTIAL ZONING DISTRICTS; ARTICLE 18 COMMERCIAL ZONING DISTRICTS; and ARTICLE 36 MANUFACTURED D~ELLING STANDARDS AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: 1. The Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance, 2. On February 16, 1994, the Springfield Planning Commission held a public hearing on this SDC amendment request (Jo, No, 94-01-19). The Springfield Planing Commission voted 5 to 0 to recommend approval of these amendments to the City Council. 3. Findings in support of adoption of these amendments to the SDC are set forth in the Staff Report and the Recommendation to the Council (Jo. No. 94-01-19) incorporated herein by reference. 4. Based on the above record and findings, the City Council concludes that the SDC amendments are consistent with the criteria of approval as set forth the Staff Report and the Recommendation to the Council (Jo. No. 94-01-19) incorporated herein by reference. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLO~S: Section 1: Section 3.070 is hereby amended as described below: (1) The following shall be reviewed under Type I Procedure: (1) Reserved for Future Use. Section 2: Section 3.080 is hereby amended as described below: Type II procedure is a ministerial decision which allows for public notice and comment. Development Approval shall be required for all Type II applications within the City and its urbanizable area. (1) The following applications (Limi ted Land Use Decisions) shall be reviewed under Type II Procedure: (a) Partition Tentative Plan, including Hillside Development Overlay District Development Standards, where applicable. (b) (c) Site Plan Review, including any modifications. Subdivision Tentative Plan, including Hillside Development Overlay District Development Standards, where applicable. ORDINANCE PAGE 1 . . . .' .. (2) The following applications shall also be reviewed under Type II Procedure (a) Home Occupations, (b) Major Alterations of Historic Landmark Sites or Structures. (c) Manufactured Dwelling Park. (d) Manufactured Dwelling Hardship. (e) Modification of Procedures. (f) Solar Access Guarantee. (g) Tree Felling. (3) Upon verification that all requirements of Section 3,050, Applica tion Submi t tal have been met, the Director shall begin processing the Type II application. Unless a determination is made by the Director to have the Type II application reviewed by a quasi-judicial public hearing, the application shall be reviewed as described below. (4) The Director shall provide notice of the submittal of a Type II application by mail to the property owners and occupants wi thin 300 feet of the property being reviewed and to the appropriate neighborhood association, if any. There will be a 14 day period, beginning from the date of the notice, for those notified to provide written comments to the Director. (5) The Type II application shall be distributed to the Development Review Committee or the Histroical Commission for comments. (6) The decision of the Director under Type II procedure shall be based upon compliance wi th applicable cri teria of approval, as specified in this Code and, taking into account any written comments as specified in Subsection (4) of this Section. The Director may condition any approval when such conditions are required to comply with the applicable provisions of this Code. (7) Notification of the Director's decision shall be mailed to the applicant, property owner, if different from the applicant and those persons or neighborhood associations who submi tted wri tten comments as specified in Section (4) of this Section, (8) The decision of the Director under the Type II procedure may be appealed wi thin 10 calendar days in accordance wi th Art i cle 15, Appeals. In the event of approval, action taken by the applicant prior to Development Approval before the 10 day appeal period has elapsed shall be solely at the applicant's risk and expense. In the event of filing an appeal, the Ci ty assumes no liabili ty or expense if the development is ultimately terminated. ORDINANCE 5728 PAGE 2 . . . Ii . Section 3: Section 3.090 is hereby amended as described below: (1) The following shall be reviewed under Type III Procedure: (j) Formal Interpretation of the Springfield Development Code. Section 4: Section 14.030 is hereby amended as described below: (1) Mailed Notice - Quasi-judicial land use decisions. Notice of ~ public hearings shall be given by mail posted at least 20 days before the date of the hearing. If two public hearings are required, notice maybe sent 10 days before the first public hearing, The mailed notice shall be sent to the applicant and the owners of record of the subject property, all property owners and occupan ts wi thin 300 feet of the subj ec t property and to the appropriate neighborhood association, if any. Information pertaining to property ownership shall be obtained from the most recent property tax assessment role. The notice shall contain the following: Section 5: Section 16.100, Subsection (5), is hereby amended as described below: (c) Duplexes on interior lots zoned Low Density Residential, approved prior to the adoption of this Code on property previously zoned RG Garden Apartments shall not be considered to be a non-conforming use. (d) Duplexes on interior lots zoned Low Density Residential, which meet the density requirements of this zoning district, shall not be considered a non-conforming use. Section 6: Section 18.020 is hereby amended as described below: (4) Eating and drinking establishments (Section 18.110(12)): (b) Delicatessens and sit down restaurants including espresso shops S P p P (c) Drive up restaurants and espresso shops P P p (d) Taverns and brew pubs D p P (13) Warehouse commercial retail and wholesale sales (Section 18.110(11)): (j) Mini-warehouses S ORDINANCE 5728 PAGE 3 <II . Section 7: Section 18.110, Subsections (2) and (11), are hereby amended as described below: (a) Auto and truck dealers shall occupy an office/sales building (new construction) or any existing structure of at least 1000 square feet, wi th non-metallic siding and roofing, and located where possible on the front portion of the lot, prior to the sale of any vehicle from the lot. (11) Warehouse Commercial Retail and Wholesale, (e) For mini-storage facilities, an on-site manager's living quarters shall be permitted when such living quarters are constructed as part of and attached to a new or existing mini-storage facility. Section 8: Section 36.135 is hereby amended as described below: The intent of this Section is to allow temporary emergency quarters when certain medical hardships arise. The following standards shall apply in these circumstances: (2) The temporary emergency quarters must be occupied by a person who is terminally ill, by a person who is severely incapacitated from illness or injury, by a person who is recuperating from an illness or inj ury, or by a person who is providing care for one of the preceding, Maximum stay for any of the preceding is 12 months, However, the stay may be renewed annually, Under no circumstances may emergency quarters be used as a rental unit. . (3) Timely and accurate verification of a person's condition and need for care must be provided by a licensed medical doctor. Prior to renewal, a new verification of condition will be required. (11) A request for a renewal beyond the 12 month maximum stay will not require a new Type II application, Section 9: It is hereby found and declared that matters pertaining to the amendment of the Springfield Developpment Code are matters affecting the public health, safety and welfare of the City of Springfield and that this Ordinance shall, therefore, take effect immediately upon its passage by the Council and approval by the Mayor. 5 ADOPTED by the Common Council of the City of Springfield by a vote of for and 0 against this /"fh day of March, 1994. APPROVED by the Mayor of the City of Springfield this 7th day of March, 1994. MaYOr3dP ~~l/4 '~J~ City Recorder ~ ATTEST: [': . ":,.:".-:. t, !\:';-.J; ;'__;'::-~:J -,.r'\." ~.";".',~ . :~~_~~;~c'-J ~ \~. b./:!'L:: ~t:::~_"f\~(t'\ '\ \ \ '\ ~ '1 OH:tC~ OF CiTY ATTORNEY t;tTV c; L:~:l;;m~GF!ELD ORDINANCE 5728 PAGE 4