HomeMy WebLinkAboutOrdinance 5728 03/07/1994
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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
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(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
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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
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(c)
Drive up restaurants and espresso shops
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(d)
Taverns and brew pubs
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(13) Warehouse commercial retail and wholesale
sales (Section 18.110(11)):
(j) Mini-warehouses
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ORDINANCE 5728
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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.
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(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.
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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.
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ATTEST:
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ORDINANCE 5728
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