HomeMy WebLinkAboutOrdinance 5804 12/18/1995
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ORDINANCE NO.
5804
(EMERGENCY)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 2
DEFINITIONS; ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION
PROCEDURES; ARTICLE 4 INTERPRETATION; ARTICLE 8 ADOPTION OR AMENDMENT OF
REFINEMENT PLAN TEXT, REFINEMENT PLAN DIAGRAMS AND DEVELOPMENT CODE
TEXT; ARTICLE 10 DISCRETIONARY USES; ARTICLE 11 VARIANCES AND MODIFICATIONS
OF PROVISIONS; ARTICLE 12 ZONING DISTRICT AND OVERLAY DISTRICT CHANGES;
ARTICLE 15 APPEALS; ARTICLE 16 RESIDENTIAL ZONING DISTRICTS; ARTICLE 18
COMMERCIAL ZONING DISTRICTS; ARTICLE 19 BKMU BOOTH-KELLY MIXED USE
DISTRICT; ARTICLE 20 LMI, HI AND SHI INDUSTRIAL ZONING DISTRICTS; ARTICLE 21 CI
CAMPUS INDUSTRIAL DISTRICT; ARTICLE 23 PLO PUBLIC LAND AND OPEN SPACE
DISTRICT; ARTICLE 25 WILLAMEITE GREENWAY OVERLAY DISTRICT; ARTICLE 26
HILLSIDE DEVELOPMENT OVERLAY DISTRICT; ARTICLE 29 UF-lO URBANIZABLE FRINGE
OVERLAY DISTRICT; ARTICLE 30 H HISTORIC OVERLAY DISTRICT; ARTICLE 31 SITE PLAN
REVIEW STANDARDS; ARTICLE 33 LOT LINE ADJUSTMENT STANDARDS; ARTICLE 34
PARTITION STANDARDS; ARTICLE 35 SUBDIVISION STANDARDS; AND ARTICLE 38 TREE
FELLING STANDARDS AND DECLARING AN EMERGENCY.
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TIlE 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 December 5, 1995, the Springfield Planning Commission held a public hearing on this
SDC amendment request (Jo. No. 95-07-132). The Springfield Planning Commission voted 5 in favor, 0
opposed, 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. 95-07-132) 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 in the Staff Report and
Recommendation to the Council (Jo. No. 95-07-132) incorporated herein by reference.
Now therefore, based on the above findings,
THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: Section 2.020 is hereby amended as described below: .
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 by the framework of the
primary structure is not considered an accessory structure. Agricultural structures, such as but not limited
to barns, silos, hay sheds, drying sheds and greenhouses, shall be exempt from the special use standards of
the underlying zoning district when located on land 2 acres or larger or on any lot or parcel of land with a
valid farm deferral tax classification from the Oregon State Department of Revenue. Notwithstanding this
Ordinance No. 5804 Page 1
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exemption, land use activities conducted on land with agricultural structures must otherwise conform with
the list of permitted uses within the underlying zoning district (see also PRIMARY STRUCTURE;
EXTENSION, ARCHITECTURAL; and INCIDENTAL EQUIPMENT).
AGRICULTURE - The cultivation and harvesting 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 Code, and on any lot or parcel with a valid farm deferral tax classification from the Oregon
State Department of Revenue.' Agricultural structures, as defined elsewhere in this Code, also shall be
defined as "Agriculture".
BUILDING ENVELOPE - The area of a lot or parcel proposed for building construction that is equal to or
less than the lot coverage standard of the zone.
D BH - The diameter of a tree 4 1/2 feet above the ground at the base of the tree.
DENSITY, GROSS - The number of dwelling units and auxiliary uses, i.e., right of way, designated open
space, other public facilities, per acre of land.
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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 on the land; drilling and site alteration such as
that due to land surface mining, dredging, paving, excavation or clearing of trees and vegetation.
Agricultural uses (including agricultural structures), when otherwise permitted by the underlying zoning
district, shall be exempt from this definition except when agricultural structures are placed within adopted
special flood hazard zones. As used in Article 27, FP Floodplain Overlay District, any human-made
change to improved or unimproved real estate, including, but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of
special flood hazard.
DEVELOPMENT REVIEW MEETING - This definition is hereby deleted.
DEVELOPMENT SERVICES DEPARTMENT - The Department responsible for the administration of
this Code and the implementation of the Metro Plan within the Springfield Urban Growth Boundary.
DISCRETIONARY USE - Any use which, because of its potentially incompatible characteristics, is not
permitted in a particular zoning district without first being reviewed by the Planning Commission or
Hearings Official to determine whether the proposed use should be permitted and if so, under what
conditions necessary to ensure compatibility.
FUTURE DEVELOPMENT PLAN - A line drawing (required for some land division proposals) that
include the following information: location offuture right-of-way dedications based on TransPlan, the
Local Street Plan or block length and lot size standards of the SDC; re-division plan at minimum urban
density based on the existing Metro Plan designation of the property for any lot that is large enough to
further divide; and the location of drainageways, jurisdictional wetlands and wooded areas showing how
future development will address preservation, protection or removal. '
MANUFACTURED DWELLING.
(1) Type I Manufactured Home
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multi-sectional configuration enclosing a minimum floor area of 1,000 square feet
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Ordinance No. 580Lpage 2
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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 (Modular Home).
PUBLIC UTILITY FACILITY - Structures, facilities and equipment necessary to serve development by a
government, public utility, utility cooperative, or private company.
Low Impact: Telephone and cable television lines, poles, junction boxes, exchanges and repeater
stations; electric power distribution lines (less than 69 KY) and poles; sanitary sewer pipe lines,
pumps or lift stations; storm sewer pipe lines, ditches and other stormwater management or water
quality ponds, wetland, or swales; gas distribution pipe lines; water pipe lines, valves, well fields,
pump stations and attendant facililties; water reservoirs and water storage tanks less than
300,000 gallons or 30 feet in height, and water treatqtent facilities, including filtration plants,
less than 2.5 million gallon capacity per day.
High Impact: Electric power transmission lines (greater than 69 KY), poles and substations;
telephone, radio or cable television transmission towers; 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.
USE, NON-CONFORMING - 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.
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WOODED LOT - A lot or parcel 10,000 square feet or larger, above 670 feet in elevation, which contains
more than 5 trees eight inches or greater dbh.
YARD - (for purposes of establishing building setback)
Front yard: The first ten feet of land paralleling street right-of-way used for address purposes.
Side yard: The first five feet or land paralleling property boundaries intersecting the front yard
property boundary.
Rear yard: The first ten feet of land paralleling the property boundary most distant from and
paralleling the front yard property boundary.
Through-lot rear yard: The first ten feet of land paralleling street right-of-way which is parallel
to and most distant from the front yard property boundary used for address purposes.
Street side yard: The first ten feet ofland paralleling street right-of-way which intersects the
front yard property boundary.
Section 2: Section 3.010 is hereby amended as described below:
(2) Development Approval - Type III and Type IV.
(a) All Type III and Type IV Land Use Decisions, both quasi-judicial and legislative
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Ordinance No.5804 Page 3
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(b) Any other application which is not a Land Use Decision.
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Section 3: Section 3.020 is hereby amended as described below:
The following activities and development do not require Development Approval, a Land Use Decision or
Limited Land Use Decision, but shall conform to all other applicable provisions of this Code or any other
applicable Code as determined by the Director.
(4) Agricultural uses and structures on any lot or parcel 2 acres or larger where the underlying
zoning allows such use and on any lot or parcel with a valid farm deferral tax classification from
the Oregon State Department of Revenue.
(7) Single family homes on lawfully created lots or parcels within the city limits.
(8) Single family homes on lawfully created lots or parcels in the urban transition area zoned
LDR, less than 5 acres or greater than 10 acres, or lots or parcels of any size and residential
zoning provided a Future Development Plan has been accepted by the City.
Section 4: Section 3.040 is hereby amended as described below:
(5) Within 10 working days of the Pre-Application Conference, the Director shall prepare a
written list of comments on the proposal to aid in the submittal of the formal application for the
prospective applicant. This list shall include procedures necessary to obtain Development
Approval, as well as applicable issues that shall be addressed in the application.
Section 5: Section 3.050 is hereby amended as described below:
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(2) An application shall consist of items required by this Code and the following:
(b) Evidence that the property affected by the application is in the exclusive ownership
or control of the applicant, or that the applicant has the consent of all owners of the affected
property to act on their behalf. For public utility projects, the utility providers must show
evidence that they are engaged in negotiating with the affected property owners for acquisition of
easements.
Section 6: Section 3.070 is hereby amended as described below:
(1) The following shall be reviewed under the Type I Procedure:
(c) The construction of accessory structures, including agricultural structures where not
exempted, in all districts.
(e) Future Development Plan.
(f) The following shall meet the Minimum Development Standards as specified in
Article 31 of this Code. Applicants who cannot or do not wish to comply with the
Minimum Development Standards shall have their application reviewed under the Type
II Site Plan Review.
(3) A change of use of a building or land, or the internal alteration of a
building for the purpose of a change in the use of that building or land.
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Ordinance No. 5804 Page 4
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(2) The purpose of the Type I procedure is to provide for Development Approval review based on
standards, as specified in this Code, which do not require interpretation or the exercise offactual,
policy or legal judgment. Compliance with Code requirements will insure rapid approval of the
application. In the event that the applicant disagrees with the application of the standards, the
applicant may request a Type III Formal Interpretation or a Type II Site Plan Review application.
(3) Type I applications shall be processed by the Director without need for a public hearing or
notification of surrounding property owners and occupants. The application shall be reviewed
based upon compliance with the provisions ofthis Code. No Building Permit shall be issued
until Development Approval has been obtained. Type I applications as identified in subsection
(1)(a-f and h-m) of this Article are exempt from the provisions ofORS 197.195, 197.763 and
227.173.
Section 7: Section 3.080 is hereby amended as described below:
(2) The following applications shall also be reviewed under Type II Procedure:
(e) Modification of Provisions.
Section 8: Section 4.010 is hereby amended as described below:
(1) For the purpose of Formal Interpretation as prescribed in 3.090(j) of this Code, the Planning
Commission (inside the city limits) and the Hearings Official (outside the city limits) shall have
the authority and responsibility to interpret all terms, provisions and requirements of this Code.
Appeals of such interpretations shall be made to the City Council of Springfield.
(2) Interpretations of provisions of this Code concerning engineering, transportation, building,
and fire and life safety issues will be made by the Public Works Director, City Engineer, Building
Official or Fire Chief, in consultation with the City Attorney, as appropriate. Appeals of such
interpretations shall be made to the Planning Commission or Hearings Official.
Section 9: Section 4.020 is hereby amended as described below:
(1) A request for a formal interpretation of this Code shall be reviewed under the Type III
procedure.
Section 10: Section 4.030 is hereby amended as described below:
(1) The purpose and intent of the particular Section of the Code in question and the applicable
zoning district, refinement plan or Metro Plan where no refinement plan exists;
(4) In situations where an existing or proposed land use has the characteristics of several uses,
but no one specifically listed use, the Planning Commission or Hearings Official shall also
consider the following when determing whether a proposed use belongs in a particular district:
(c) In the event the Planning Commission or Hearings Official cannot make affirmative
findings under this Subsection, the Planning Commission or Hearings Official shall
deny or refer the proposal to the City Council for a final determination.
(5) The Planning Commission or Hearings Official shall consider the following additional
considerations in determining zoning district boundaries: .
Ordinance No. 5804 Page 5
Section 11: Section 8.010 is hereby amended as described below:
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Adoption or amendment of Refinement Plan Text, Refinement Plan Diagrams and Development Code
Text may be initiated by the Director, the Planning Commission, the City Council or a resident of the City
of Springfield or their representative. Amendment initiated by the public shall be limited to twice a year.
Applications shall be submitted to the Development Services Department on or before Janual}' 5th of each
year or July 5th of each year.
Section 12: Section 10.010 is hereby amended as described below:
(1) Uses identified in this Code as requiring Discretional}' Use approval may be permitted,
enlarged or altered only in compliance with the provisions of this Code.
(2) The purpose of the Discretional}' Use process is to ensure the appropriateness and
compatibility of certain proposed uses listed in Article 16-30 of the Code as well as those uses not
listed where the Director must require an interpretation from the Planning Commission or
Hearings Official under Section 4.030 of this Code.
Section 13: Section 10.020 is hereby amended as described below:
(1) New or expanded Discretional}' Uses shall be reviewed under the Type III procedure.
Section 14: Section 10.030 is hereby amended as described below:
(1) Except for private/public elemental}' and middle schools, a Discretional}' Use may only be
allowed if the Planning Commission or Hearings Official finds that the proposal conforms with
the following criteria:
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(a) The proposed use shall conform with other permitted uses in terms of scale, lot
coverage, design, intensity of use and operating characteristics.
(c) The proposed use conforms with applicable Metro Plan policies and applicable
descriptions of Land Use Designations shown on the Metro Plan Diagram. Expansion
of an existing Discretional}' Use shall be exempt from conformance with Metro Plan
land use designation descriptions.
(4) Private/public elemental}' and middle schools. Schools are identified in the Metro Plan as
key urban services which must be provided in an efficient and logical manner to keep pace with
demand and reduce public subsidy. In this regard, it may be necessal}' to consider a variety of
sites, irrespective of zoning, as potentially suitable for school use. The following criteria are
intended to address the unique relationships that exist between schools and the communities they
serve.
(a) The proposed school shall provide safe and efficient access for pedestrians, vehicles,
bus traffic and emergency vehicles entering/exiting the site.
(b) Adequate buffering shall be provided from less intensive neighboring uses (Le.,
single family residential abutting a play area, parking lots or driveways serving the site).
(c) The proposed use shall conform with all applicable special use standards found in
this Code for schools in residential districts.
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. 5804
Ordmance No. _ Page 6
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(d) Natural resources, regulated wetlands, natural stormwater management/drainage
areas and wooded areas shall be adequately considered in the project design.
(e) The proposed site shall be large enough to provide adequate parking, assembly
space, athletic fields and play areas to serve the anticipated school population.
(f) School siting is geographically sensitive. Use of the proposed site for a school will
not reduce the supply of the applicable zoning district below the minimum 6 year
inventory as specified in the Metro plan unless appropriate alternative school sites are
not reasonably available or other land is reasonably available to add to the inventory.
(5) If any of the applicable criteria or standards listed above are not found by the Planning
Commission or Hearings Official to be fully satisfied, the request shall be denied.
Section 15: Section 11.030 is hereby amended as described below:
(1) Modification of Provisions. The Director may adjust any quantitative standard of this Code
involving up to a 20 percent reduction or increase not in conflict with other applicable standards
provided that:
(c) The following adverse effects on neighboring properties will not occur as a result of
this Modification of Provisions:
Section 16: Section 12.030 is hereby amended as described below:
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In reaching a decision on these actions, the Planning Commission or Hearings Official shall adopt ..
findings which demonstrate that all of the following criteria have been addressed:
(3) That the property can be served by the orderly and efficient extension of key urban facilities
and services as prescribed in the Metro Plan prior to or in conjunction with development.
Section 17: Section 15.010 is hereby amended as described below:
(1) A Type III procedure shall be used to process an Appeal of the decision of the Director or
Historical Commission made under a Type II procedure as specified in Section 15.020 of this
Article. A Type I decision, as identified in Section 3.070(1)(a-fand hem) of this Code, is exempt
from the provisions ofORS 197.195, 197.763 and 227.173 and therefore cannot be subjectto the
appeal provisions of this Article.
(3) An Appeals application together with all required materials shall be accepted by the Director
prior to the review of the request.
Section 18: Section 15.020 is hereby amended as described below:
(1) An Appeals application may be submitted by a party appealing the decision and shall be filed
with the Director within 10 calendar days of the decision ofthe Director or Historical
Commission.
Section 19: Section 15:030 is hereby amended as described below:
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Ordinance No. 580~age 7
(1) An Appeals application shall be filed by the party with the Director within 10 calendar days
of the decision of the Planning Commission.
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Section 20: Section 16.010 is hereby amended as described below:
'(1) LDR LOW DENSITY RESIDENTIAL DISTRICT. The LDR District is intended to fully
implement the Metro Plan low density residential designation, any applicable refinement plan
and establishes sites for Low Density Residential development where the minimum level of urban
services are provided. The maximum dwelling units per developable acre permitted is 10,
consistent with the provisions of this Code. Fractions wiII be rounded down to the next whole
number.
(2) MDR MEDIUM DENSITY RESIDENTIAL DISTRICT. The MDR District is intended to
fully implement the Metro Plan Medium Density Residential designation, any applicable
refinement plan and establishes sites for medium density residential development where the
minimum level of urban services are provided. Single family or multiple family dwellings are
permitted with a minimum density of more than 10 units per developable acre and a maximum
density of20 units per developable acre, consistent with the provisions of the Code. Fractions
wiII be rounded down to the next whole number.
(3) HDR mGH DENSITY RESIDENTIAL DISTRICT. The HDR District is intended to fully
implement the Metro Plan High Density Residential designation, any applicable refinement plan
and establishes sites for high density residential development where the minimum level of urban
services are provided. Single family or multiple family dwellings are permitted with a minimum
density of more th~n 20 units per developable acre and a maximum density of 30 units per
developable acre, consist~nt with the provisions of this Code Fractions wiII be rounded down to
the next whole number.
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Section 21: Section 16.020 is hereby amended as described below:
(2) Agricultural Uses
(c) Agricultural structures
P P P
(5) Dwellings
(b) Cluster Development (Section 16.100(3))
S* S* S*
(h) Prefabricated dwellings
P P p*
(6) Day care facifities
(e) Adult day care facilities up to 12 adults
P P P
(f) Adult day care facilities with more than 13 adults (abutting an arterial street)
S* S* S*
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Ordinance No. 5804Page 8
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(g) Adult day care facilities with more than 13 adults (abutting a collector or local
(street)
D* S* S*
(7) Educational facilities - Public/private elementary/middle schools (Section 16.100(9))
(b) 6 or more students (Section 10.030(4))
D* D* D*
Section 22: Section 16.030 is hereby amended as described below:
(3) Exceptions shall be as follows:
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(b) In the residential districts, panhandle lots created through the Subdivision and
Partition process shall have at least 6,000 square feet in the pan portion, exclusive of the
driveway (panhandle). In the case of one single family dwelling, a single panhandle
shall have a minimum of 20 feet of frontage if setback sidewalks are to be installed ,and
26 feet of frontage if curb side sidewalks are to be installed. In the case of one or
multiple duplexes, a single panhandle shall have a minimum of26 feet of frontage.
Except for panhandle driveways approved prior to June 1, 1994, triplexes, fourplexes
and other multi-family swellings shall not take access from panhandle driveways. In all
cases, multiple panhandles shall have a minimum of 26 feet offrontage(two panhandles
shall each have 13 feet offrontage per lot; three panhandles shall each have 8 2/3 feet
offrontage per lot and four panhandles shall each have 6 1/2 feet offrontage per lot).
The paving width for a single panhandle driveway in the case of one single family
swelling shall be 12 feet; the paving width for all other panhandle driveways shall be 18
feet. This latter standard takes precedence over the driveway width standard for
multiple family driveway width specified in Table 32-2 of this Code. No more than 4
lots or 8 dwelling units shall be permitted to take primary access from panhandle
driveways. Multiple panhandles shall be permitted only in cases where dedication of
public right of way is impractical. No variance shall be granted from these standards,
since they already are the minimum standards permitted.
(d) In the LDR District, duplexes may be located on corner lots which have at least
6,000 square feet, except as specified in Section 16.100(5) of this Article. Minimum
frontage shall be in accordance with Subsections (1) and (2) of this Section.
(e) Each lot ona cul-de-sac bulb shall have a minimum of35 feet offrontage and a
minimum lot area of 6,000 square feet.
(f) The Director may waive the requirement that buildable City lots have frontage on a
public street when all of the fo}lowing apply:
(1) The lot or lots have been approved as part of a Development Area Plan,
Site Plan, Subdivision or Partition application; and
(2) Access has been guaranteed via a private street or driveway by an
irrevocable joint use/access agreement.
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(3) Private streets shall not be permitted in lieu of public streets shown on the
City's adopted local street plan or TransPlan.
Ordinance No. 5804 Page 9
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Section 23: Section 16.040 is hereby amended as described below:
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(2) On hillsides above 670 feet elevation and/or 15 percent slope, the maximum impervious
surface of a lot inclusive of structures, patios and driveways, shall not exceed 35 percent, except
as specified in Article 26 HD Hillside Development Overlay District.
Section 24: Section 16.050 is hereby amended as described below:
(1) Front yard, street side yard, rear yard and perimeter yard setbacks in panhandle lots 10 feet
(2) Except for attached dwellings, interior side yard setbacks 5 feet
NOTE: Determination of all yard setbacks for duplexes on corner lots shall be based on the front
yard of each unit as established by the streets used for address purposes.
(b) Solar setback for panhandle lots shall be calculated on the north-south dimension of
the pan portion of the lot. The southern most lot with a north-south dimension less than
60 feet in the pan portion of the lot shall have a restricted building height of 21 feet.
Section 25: Section 16.060 is hereby amended as described below:
(1) In residential districts, the maximum building height shall be determined by solar access
considerations, in accordance with Section 16.050 of this Article. Except as specified elsewhere
in this Code, no building in the LDR or MDR District shall exceed 30 feet in height nor required.
to be less than 21 feet in height when set back from the northern lot line a minimum of one-half
of the north-south dimension. Where the HDR District abuts an LDR or MDR district, the
building height standard of the HDR District shall be one of the following:
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(a) When abutting an LDR or MDR District to the north, the maximum building height
for the HDR District shall be defined by the Maximum Shade Point Height requirement
of Section 16.050(5)(a)(2) up to 50 feet south of a northern lot line or on a plane
extending south with an angle of 23 degrees and originating from the top of a 16 foot
hypothetical fence located on the northern lot line.
Section 26: Section 16.070 is hereby amended as described below:
(8) PARKS, COMMUNITY OR REGIONAL
Traffic Impact Study required for determination of the number of parking spaces.
Section 27: Section 16.100 is hereby amended as described below:
(1) Accessory Structures. This subsection regulates structures that are incidental to allowed uses
to prevent them from becoming the predominant element of the site.
(a) Accessory Structure Groups. Accessory structures are divided into three groups
based on their characteristics. Accessory structures may be attached or separate from
primary structures.
(1) Group A. This group includes buildings and covered structures such as
garages, gazebos, carports, greenhouses, storage buildings, boat houses,
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Ordinance No. 5804Page 10
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covered decks and recreational structures. Agricultural structures as defined in
this Code shall be deemed Group A accessory structures if located on lots or
parcels less than 2 acres.
(c) Group A Standards
(5) Agricultural structures as defined in this Code shall be exempt from Group
A General Standard 2 and Group A Standards 1-3 preceding iflocated on lots
or parcels 2 acres or larger or on land with a valid farm deferral tax
classification from the Oregon State Department of Revenue.
(3) Cluster Development. In order to promote more economic subdivision layout, to encourage
ingenuity and originality in subdivision design, to improve the quality of residential development
and to accommodate incorporation or retention of wetlands, natural drainageways, constructed
open stormwater management areas, wooded areas, natural resources and other open space
amenities, cluster development allows reduced lot sizes and setback standards for individual lots,
without exceeding the maximum density provisions of the applicable zoning district and the
Metro Plan. However, open space may be included in the determination of the developable area.
Cluster development shall occur in accordance with the dwelling unit use categories listed in
Section 16.020 of this Article and the subdivision standards specified in Article 35 of this Code
Cluster development standards do not apply to manufactured homes.
(a) Cluster development shall be permitted in the LDR District on lots or parcels
abutting MDR, HDR, CC, MRC, GO, CI, LMI or PLO zoning districts, and on MDR
and HDR lots or parcels. Each lot or parcel, regardless of zoning classification, must
comply with the prescribed standards of this Article. Cluster development on all other
LDR lots or parcels complying with the prescribed standards of this Article requires
discretionary approval.
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(6) Home Occupations. A home occupation is a lawful activity carried on within a dwelling or
accessory structure by a member or members of the family who occupy the dwelling. A home
occupation may be approved provided that:
(d) The following uses shall be prohibited as a home occupation:
(8) Gun dealerships involving any storage of guns for sale or customers
visiting the residence.
(9) PublicIPrivate ElementarylMiddle Schools. A unique relationship exists between schools
and the community which requires special consideration when applying screening standards.
Maintaining clear sight lines for the security and safety of children is desirable and may be
achieved through the use of non-opaque fencing and/or landscaping. The standards in Article 31
shall be applied only when required to screen playground structures, spectator seating facilities,
parking, storage yards and trash receptacles or where significant conflicts are found.
(a) All new facilities and additions over 10,000 square feet or those additions exceeding
50% of the size of the existing building shall be approved in accordance with a Type III
review procedure (Discretionary Use).
(b) A maximum of 65% of the site may be covered in impervious surface. The
, remainder of the site shall comply with the planting standards in Article 31 of this Code.
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Ordinance No. 5804 Page 11
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(c) Schools shall have a planted front yard setback of 20 feet and planted side and rear
yards of 30 feet. Athletic spectator seating structures adjoining residential uses shall
meet a 75 foot minimum setback unless the Director determines that adequate buffering
can be provided with a reduced setback, but in no instance shall this setback (from
spectator facilities) be less than 30 feet. Parking areas shall maintain a landscaped
buffer of 15 feet when adjoining a residential use.
(d) Light shall be directed away from adjoining less intensive uses.
(e) Other uses permitted within school facilities include day care facilities, social
service offices or other after school program activities approved by the School District
and which otherwise do not require discretionary approval.
(f) All plants used for "landscaped buffering" shall be a minimum of 5 gallon size and
shall reach a height of at least 36 inches within one year of planting.
(g) Paved playground areas may be used as overflow parking for special events.
(h) Parking shall be limited to two spaces for each teaching station in the school plus
one parking space for each 100 square feet of public indoor assembly area. All parking
lots and driveways will be designed to separate bus and passenger vehicle traffic. A.ll
parking lots shall have sidewalks raised a minimum of 6 inches above grade where
pedestrians must cross parking lots to enter or leavethe school grounds.
(I) Any jointly shared recreational facilities, playgrounds or athletic fields shall require
ajoint use agreement that will provide for public use and continued maintenance. ,
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G) Elementary schools shall have a maximum building height of 35 feet; middle schools
shall have a maximum building height of 45 feet.
(k) A Traffic Impact Study and Parking Study, prepared by a Transportation Engineer,
shall be approved by the City Engineer.
Section 28: Section 18.020 is hereby amended as described below:
(6) Recreational facilities (Section 18,110(5))
(cc) Shooting range (Also subject to provisions of Springfield Code, Article 6, Chapter
VIII)
(7) Religious, social and public institutions:
(1) PrivateIPublic Elementary and Middle Schools (18.110(14))
D* D* - -
(14) Secondary uses serving or related to on site commercial uses. (Section 18.110(13)):
(a) manufacture or assembly of goods or products to be sold on premises
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Ordinance No. 5804 Page 12
Section 29: Section 18.110 is hereby amended as described below:
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(13) Secondary Uses. Manufacture or assembly of goods or products must occur indoors, must
not generate more noise, odor or other physical attributes than the permitted uses, must occupy
less than 50% of the floor area of the building, and the goods or products must be sold on
premises.
(14) Private/Public Elementary and Middle Schools. May be allowed through discretionary
approval if the proposed site abuts residentially zoned property and the special use standards of
Section 23.100(7) are satisfied.
Section 30: Section 19.010 is hereby amended as described below:
Revise the map to exclude properties at top of slope.
Section 31: Section 20.020 is hereby amended as described below:
(5) Other uses (20.100(5))
(d) PrivateIPublic Elementary and Middle Schools
D* - -
Section 32: Section 20.100 is hereby amended as described below:
(5) Other uses - High Impact Public Utility Facilities and PrivateIPublic Elementary and Middle
Schools.
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(c) PrivateIPublic Elementary and Middle Schools may be allowed through
discretionary approval if the site abuts residentially zoned property and the special use
standards of Section 23.100(7) are satisfied.
Section 33: Section 21.040 is hereby amended as described below:
(2) Day care facilities that meet Children's Services Division (CSD) regulations, cafeterias,
recreational facilities, low impact public utility facilities, and heliports and helistops serving and
constructed in conjunction with on-site development. PrivateIPublic Elementary and Middle
Schools may be allowed through discretionary approval if the site abuts residentially zoned
, property and the special use standards of Section 23.100(7) are satisfied.
Section 34: Section 23.010 is hereby amended as described below:
In order to implement the policies of the Metro Plan, regulate the use of land and buildings, and promote
the public health and safety, the Public Land and Open Space District is established in this Article. The
PLO District is intended to implement the Metro Plan Public and Semi-Public designation, which includes
Government, Education and Parks and Open Space designations, by providing a zoning designation for:
(1) public and private educational facilities, parks, cemeteries and golf courses, and
(2) Public offices, libraries, other government or publicly owned facilities and similar uses
located in areas designated Residential on the Metro Plan Diagram, regardless of size.
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Ordinance No. 5804 Page 13
Section 35: Section 23.020 is hereby amended as described below:
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(1) Education (23.100)
(c) PrivateIPublic Elementary and Middle Schools (23,.100(7))
S*
Section 36: Section 23.100 is hereby amended as described below:
(1) Primary access shall be on arterial or collector streets except as provided or exempted
elsewhere in this Article.
(3) Community and regional parks and public/private high schools and colleges shall be
designated on a Park or Public Facilities Plan adopted by the City, or be approved in accordance
with Type III review procedure (Discretionary Use). Private/public elementary and middle
schools are subject only to Type II review and the special use standards of Section 23.100(7) of
this Article when located on land zoned PLO.
(5) For R. V. parks and campgrounds within regional parks inside the city limits the following
criteria apply:
(6) For R. V. parks and campground within regional parks outside the city limits the following
criteria apply:
(7) PrivateIPublic Elementary and Middle Schools
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A unique relationship exists between schools and the community which requires special
consideration when applying screening standards. Maintaining clear sight lines for the security
and safety of children is desirable and may be achieved through the use of non-opaque fencing
and/or landscaping. The standards in Article 31 shall be applied only when required to screen
playground structures, spectator seating facilities, parking, storage yards and trash receptacles or
where significant conflicts are found.
(a) All new facilities and additions over 10,000 square feet or those additions exceeding
50% of the size of the existing building shall be approved in accordance with the
following standards:
(1) A maximum of 65% of the site may be covered in impervious surface. The
remainder of the site shall comply with the planting standards in Article 31.
(2) Schools shall have a planted front yard setback of 20 feet and planted side
and rear yards of 30 feet. Athletic spectator facilities adjoining residential uses
shall meet a 75 foot minimum setback unless the Director determines that
adequate buffering can be provide with a reduce setback, but in no instance
shall this setback (from spectator facilities) be less than 30 feet. Parking areas
shall maintain a landscaped buffer of 15 feet when adjoining a residential use.
(3) Light shall be directed away from adjoining less intensive uses.
Ordinance No. 5804 Page 14
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(4) Other uses permitted within school facilities include day care facilities,
social service offices and other after school program activities approved by the
School District and which otherwise do not require discretionary approval.
(5) All plants used for "landscaped buffering" shall be a minimum of 5 gallon
size and shall reach a height of at least 36 inches within one year of planting.
(6) paved playground areas may be used as overflow parking for special events.
(7) Parking shall be limited to two spaces for each teaching station in the
school plus one parking space for each 100 square feet of public indoor
assembly area. All parking lots and driveways will be designed to separate bus
and passenger vehicle traffic. All parking lots shall have sidewalks raised a
minimum of 6 inches above grade where pedestrians must cross parking lots to
enter or leave the school grounds.
(8) Any jointly shared recreational facilities, playgrounds or athletic fields
shall require a joint use agreement that will provide for public use and
continued maintenance.
(9) The maximum building height for elementary schools shall be 35 feet. The
maximum building height for middle schools shall be 45 feet.
(10) A Traffic Impact Study and Parking Study, prepared by a Transportation .
Engineer, shall be approved by the City Engineer.
Section 37: Section 25.040 is hereby amended as described below:
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(3) Notice shall be given to the Oregon Department of Parks and Recreation by immediately
forwarding a copy of the application by certified mail, return receipt requested. Notice offinal
City action shall also be provided to the Oregon Department of Parks and Recreation.
(4) Underground Low Impact public utility facilities shall be exempt from Discretionary Review
but shall be subject to the Type II Site Plan Review and shall comply with the standards of
Section 25.060(3-6 & 8) when constructing or maintaining facilities within the established
Greenway Setback.
Section 38: Section 25.060 is hereby amended as described below:
A Greenway Setback Line shall be established to protect, maintain, preserve and enhance the natural,
scenic, historic and recreational qualities of the WiIlamette Greenway. Only water-dependent or water-
related uses shall be permitted between the WiIlamette River and the Greenway Setback Line. The
Greenway Overlay District shall substitute temporarily as the Greenway Setback Line for all properties
within this Overlay District that do not have an established Setback Line. Establishment of this Setback
Line may occur with or without a request for development approval, but any request for development
approval on land without an established Setback Line must be accompanied by an application for
establishment of the Greenway Setback Line. The location of the Greenway Setback Line shall be
determined consistent with the following standards derived from Section C.3 of the WiIlametie river
Greenway Goal 15:
Section 39: Section 26.050 is hereby amended as described below:
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Ordinance No. 5804 Page 15
Table 26-1
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Average Slope
Minimum Lot Size
per Dwelling Unit
Minimum Frontage
per Lot
15% - 25%
25% - 35%
over 35%
10,000 square feet
20,000 square feet
40,000 square feet
90 feet
150 feet
200 feet
Section 40: Section 29.050 is hereby amended as described below:
(6) Partitions and lot line adjustments (29.070(5))
S
Section 41: Section 20.060 is hereby amended as described below:
(12) Partitions and Lot Line Adjustments (29.070(5))
S
Section 42: Section 29.070 is hereby amended as described below:
(1) General
(c) Future Development Plans, where required, shall comply with the following
standards:
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(1) location of future right-of-way dedications based on TransPlan, the adopted
Local Street Plan or block length and lot size standards of the SDC;
(2) redivision plan at minimum urban density for any lot that is large enough
to further divide or a plot plan showing building foot prints for MDR and HDR
minimum densities; and
(3) location of natural resources, regulated wetlands, natural
drainage/storm water management areas and wooded areas showing how future
development will address preservation, protection or removal.
(3) Siting of Residential Uses.
(a) Detached single family dwellings shall be sited so as to allow the future division
and/or more intensive use ofthe property consistent with the Metro Plan. Siting of
single family homes on any lot or parcel designated MDR or HDR, or any lot or parcel 5
acres to 10 acres and designated LDR, shall require approval of a Future Development
Plan prepared in compliance with Subsection (1)(c)(1-3) of this Section.
(b) The applicable on-site sewage disposal facility or Building Permit shall be
conditional, and made a part of such permit as necessary to achieve the standards of this
Overlay District. Additional development restrictions that limit the location of buildings
and on-site sewage disposal facilities shall be applied where necessary to reserve land
for future urban development. 804
Ordinance No. ~ Page 16
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(5) Partitions and Lot Line Adjustments. In addition to the standards specified in this
Subsection, proposed partitions in the urbanizable area shall meet the standards and criteria of
Articles 33 and 34 of this Code and the standards of Subsections (1)(a), (b), (c) (where
applicable) and (f) of this Section.
(b) Except in areas designated MDR/UF.I0, any proposed new parcel between 5 and 10
acres shall meet the following standards:
(1) The efficient and full urban use of the property, or neighboring properties
shall not be limited by the partition;
(2) A Future Development Plan for the urban development shall be required
where the property is redivisable into smaller parcels. The Future Development
Plan shall be in compliance with Subsection (1)(c)(1-3) of this Section, and
shall be required for partitions ofMDR and HDR property, and for LDR
property between 5 acres and 10 acres.
Section 43: Section 30.040 is hereby amended as described below:
(2) The following major alterations of Historic Landmark Sites or Structures shall be reviewed
under Type II procedures (see Section 30.100 of this Article):
(e) Special uses in the Washburne Historic Landmark District listed in Section
30.080(2) of this Article;
Section 44: Section 31.010 is hereby amended as described below:
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(2) The following improvements shall be completed in accordance with Article 32 of this Code
within two years of the date of Plot Plan approval, provided that security is provided in
accordance with Subsection 31.110(4):
Section 45: Section 31.140 is hereby amended as described below:
(2) Except in the LDR District (single family and duplex dwellings only) and as specified in
Subsection (3) of this Section, at least 65 percent of each required planting area shall be covered
with living plant materials within 5 years of the date of installation. The living plant materials
shall be distributed throughout the required planting area. The minimum planting acceptable per
1,000 square feet of required planting area shall be as follows:
(c) Lawn and/or groundcover may be substituted for trees or shrubbery, except where
required for screening, when there are adequate provisions for ongoing maintenance.
(4) Except where planted with native species or plant communities, all new required planting
areas on private property and public schools shall be provided with a permanent underground
irrigation system unless exempted by the Director.
Section 46: Section 31.170 is hereby amended as described below:
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(6) Parking spaces in a public right of way directly abutting the development area may be
counted as fulfilling a part of the parking requirements for a development as follows: For each
18 feet of available on-street parking, there will be a 1/2 space credit toward the required amount
of off-street parking spaces. The developer shall be responsible for marking anyon-street spaces.
Ordinance No. 5804 Page 17
Section 47: Section 33.060 is hereby amended as described below:
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(5) Construction of a sidewalk along the frontage of the property.
Section 48: Section 34.010 is hereby amended as described below:
(3) Solar Access Standards
(a) Applicability. The provisions of this Section shall apply to all land divisions in the
LDR and MDR Districts. Lots complying with this standard must be identified as such
on a separate recorded document.
(b) Design Standard. All partitions or land divisions shall be platted to provide solar
access to parcels or lots to ensure that at least 80 percent of the lots and/or housing units
in a development subject to this Section shall comply with one or more of the options
below:
(2) Solar Building Line Option. A lot complies with this Section if a solar
building line is used to protect solar access as follows:
a. A solar building line for the lot to the north is recorded with the
plat on a separate document; and
(3) Performance Option. A lot complies with this Section if:
c. The solar setback requirements for each lot is recorded ona
separate document.
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Section 49: Section 34.030 is hereby amended as described below:
(13) The following additional information shall be submitted with the Preliminary Plan:
(b) For common wall partitions with an existing structure, a copy of a housing
inspection obtained through the Community Services Division.
Section 50: Section 34.040 is hereby amended as described below:
When the parcels of a partition can be further divided, a Future Development Plan may be required as
specified elsewhere in this Code. If the Director determines that a property has been or is in the process of
being divided into 4 or more lots, full compliance with all subdivision regulations specified in this Code
may be required, except that the Director may allow redivision ofland as provided in Section 29.070(5)(d)
of this Code.
Section 51: Section 34.070 is hereby amended as described below:
(1) Additional Right of Way and Street Improvements.
(a) Whenever an existing street of inadequate width is abutting or within a site
requiring Development Approval, additional right of way shall be require. Whenever
street dedication results in right of way that does not connect with the City system, a
deed restriction shall be recorded with Lane County Deeds and Records.
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Ordinance No. 5804 Page 18
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This deed restriction shall state that the subject parcel shall not be built upon until a
fully improved street serving the property, and connecting with the City street system, is
constructed.
(4) The Director may waive the requirement that buildable City lots have frontage on a public
street when all the following apply:
(b) Access has been guaranteed via a private street to a public street or driveway by an
irrevocable joint use/access agreement.
(c) The private streets are in compliance with the standards of Section 16.030(3)(f) and
Section 32.030 of this Code.
Section 52: Section 34.090 is hereby amended as described below:
(3) The Partition Plat snaIl contain the following information:
(d) The name and address of the owner, applicant and surveyor.
(NOTE: All subsequent subsections of 34.090(3) must be re-alphabetized due to
deletion of (g))
(h) The location of those areas found to be unsuitable for building in the Soils and
Geology Report or based on natural resource inventories shall be recorded on a separate
document.
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(j) The width of the portion of streets being dedicated and the width of any existing
rights of way. For streets on a curvature which are being dedicated, curve data shall be
based on the street center line. In addition to center line dimensions, the radium, chord
distance, bearing and central angle shall be indicated. Any restriction on buildings
within future street locations shall be shown on the Partition Plat if deemed necessary by
the Director for the purpose offuture land division. If private streets are proposed, a
separate recorded document shall be included explaining how the construction and on-
going maintenance of local public improvements will be accomplished. The dedication
of public right of way will be required to be on a separate document provided by the
City.
(n) Special building setback lines and solar easements which are to be made part of the
partition's deed restriction shall be recorded on a separate document.
(p) On a separate recorded document, the solar factor for each lot and the classification
of each lot as a South Wall, South Roof or Exempt Lot as specified in Section 34.010 of
this Article. Individual solar setback tables shall be recorded with the Final Plat for
each lot platted under the performance approach as specified in Section 34.010(3)(b)(2)
of this Article.
(q) Accompanying Data:
(6) A title report.
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Ordinance No. -5BD..4Page 19
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Section 53: Section 34.100 is hereby amended as described below:
(2) If all applicable provisions have been met, and taxes, as well as public liens, assessments and
fees which respect to the land partitioned have been paid, the City Surveyor (if the land is within
the city limits) and the Director shall sign the Partition Plat. In the event all applicable criteria
have not been met, the Director will notify the partitioner in writing.
Section 54: Section 34.120 is hereby amended as described below:
The applicant shall deliver a reproducible copy of the recorded Partition Plat to the City Engineer. The
Director shall confirm that all conditions listed under Tentative Plan approval have been met prior to
Development Approval, i.e., before a Building Permit may be issued or property transferred.
Section 55: Section 35.010 is hereby amended as described below:
(3) Solar Access Standards
(a) Applicability. The provisions of this Section shall apply to all land divisions in the
LDR and MDR Districts. Lots complying with this standard must be identified as such
on a separate recorded document.
(b) Design Standard. All partitions or land divisions shall be platted to provide solar
access to parcels or lots to ensure that at least 80 percent of the lots and/or housing units
in a development subject to this Section shall comply with one or more of the options
below:
2. Solar Building Line Option. A lot complies with this Section if a solar
building line is used to protect solar access as follows:
a. A solar building line for the lot to the north is recorded on a
separate document with the plat; and
3. Performance Option, A lot complies with this Section if:
c. The solar setback requirements for each lot are recorded on a
separate document.
(e) Protection from Future Shade. On land located in the LDR and MDR Districts, an
applicant shall affix deed covenants and restrictions of title to the title of lots as are
required to protect adjacent solar access protected lots from non-solar friendly vegetation
shade. Solar access protection for adjacent lots shall be equivalent to the protection
afforded by solar setback standards set out in Section 4 for the applicable zoning district.
Section 56: Section 35.040 is hereby amended as described below:
(1) General.
(g) Topographic contour lines having the following minimum intervals:
1. 2 feet for slopes up to 10 percent
Ordinance No. 5804 Page 20
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2. 5 feet for slopes exceeding 10 percent
The base area shall be clearly indicated and shall be compatible with City
datum, if benchmarks are not adjacent. The elevation of all control points
which are used to determine the contours shall be noted.
Section 57: Section 35.060 is hereby amended as described below:
(2) The Director may waive the requirement that buildable City lots have frontage on a public
street when all of the following apply:
.(a) The lot or lots have been approved as part of a Subdivision application;
(b) Access has been guaranteed via a private street to a public street or driveway by an
irrevocable joint use/access agreement.
Section 58: Section 35.070 is hereby amended as described below:
Tentative Plan approval shall be effective for two years following the effective date of approval, within
which time the Subdivision Plat shall be submitted and shall incorporate any modification or condition
required by approval of the Tentative Plan. Othenvise, the entire procedure shall be repeated for
reconsideration.
Section 59: Section 35.080 is hereby amended as described below:
35.080 FINAL PLAT REVIEW is deleted.
Section 60: Section 35.090 is hereby amended as described below:
(1) The proposed Subdivision Plat shall contain the following information:
(d) The name and address of the surveyor and the name of the owner and the applicant.
(g) DELETE
NOTE: All subsequent Subsections of 35.090(1) must be re-alphabetized due to deletion
of (g).
(h) The location of those areas found to be unsuitable for building in the Soils and
Geology Report or based on Metro Plan natural resource inventories shall be recorded on
a separate document.
U) The width of the portion of streets being dedicated and the width of any existing
rights of way. For streets on a curvature which are being dedicated, curve data shall be
based on the street center line. In addition to center line dimensions the radius, chord
distance, bearing and central angel shall be indicated. Any restriction on buildings
within future street locations shall be shown on the plat if deemed necessary by the
Director for the purpose of future land division. If private streets are proposed, a
separate recorded document shall be included explaining how the construction and on-
going maintenance oflocal public improvements will be accomplished.
Ordinance No. 5804page 21
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(n) Special building setback lines and solar easements which are to be made part of the
subdivision's deed restrictions shall be recorded on a separate document.
(p) The solar factor for each lot and the classification of each lot as a South Wall, South
Roof or Exempt Lot as specified in Section 35.010 of this Article shall be recorded on a
separate document. '
Section 61: Section 35.100 is hereby amended as described below:
(1) The Director shall approve, approve with conditions or deny the request in consultation with
the City Surveyor and the City Engineer. The Subdivision Plat shall comply with the
requirements of this Code, conditions imposed by the Director and the following:
(c) On of the following:
(1) Improvements as required by this Code have been completed, and a
certificate of such fact has been filed with the Development Services
Department by the City Engineer;
(2) If all applicable criteria have been met, the City Surveyor (if within the city limits) and the
Director shall sign the Subdivision Plat. In the event all applicable criteria have not been met,
the Director will notify the subdivider in writing.
Section 62: SectionJ8.010 is hereby amended as described below:
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(2) Except as provided in Subsection (3) of this Section, no person may fell more than 5 trees
within a single calendar year from a lot or abutting lots of private or public property under
common ownership consisting of 10,000 square feet or more of total area without a permit
except lots within approved developments which have building envelopes and a Tree Protection
Plan.
(3) The provisions of this Article do not apply to:
(e) Any felling necessary to install or maintain improvements such as streets and sewers
within publicly owned and accepted rights of way or utility easements pursuant to
approved construction plans or encroachment permits.
(4) Delete
Section 63: Section 38.020 is hereby amended as described below:
(1) A Tree Felling Permit shall be reviewed under Type I procedure or in conjunction with a
related development plan.
Section 64: Section 38.030 is hereby amended as described below:
Application for a permit to fell a tree or trees shall include: ,
(3) The Director or the Public Works Director may require the applicant to provide the services
of a professional forester (approved by the City) , licensed hydrologist or licensed landscape
architect in order to address the standards in Section 38.040 of this Article for undeveloped
property greater than 10 acres in size of 15 percent slope or above elevation 670 feet.
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Ordinance No. 5804 Page 22
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Section 65: Section 38.040 is hereby amended as described below:
(2) Whether the proposed felling is consistent with State standards, Metro Plan policies and City
ordinances and provisions affecting the environmental quality of the area, including but limited
to the protection of nearby trees and windbreaks; wildlife; erosion, soil retention and stability;
volume of surface runoff and water quality of streams; scenic quality; and geological sites.-
(3) Whether it is necessary to remove trees in order to construct proposed improvements in
accordance with an approved development plan, grading permits and construction drawings.
(4) In the event that no Development Plan has been approved by the City, felling of trees shall be
permitted on a limited basis consistent with the preservation of the site's future development
potential as prescribed in the Metro Plan and City development regulations, and consistent with
the following criteria:
Section 66: It is hereby found and declared that matters pertaining to the amendment of the
Springfield Development 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.
ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~
against this 18thday of December, 1995. .
APPROVED by the Mayor of the City of Springfield this 18thday of December, 1995.
f3/7/1~
Ma~
City Recorder
ATIEST:
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Ordinance No. ,5804 Page 23
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Findings in support of Journal Number 95-07-132 Springfield Development Code
Amendments
Criteria of approval for amendments to the Springfield Development Code (SDC)
Amendments to the Springfield Development Code must be based on conformance to the following
criteria:
(1) The Metro Plan;
(2) Applicable State Statutes; and
(3) Applicable State-wide Planning Goals and Administrative Rules.
The amendments proposed in the attached Ordinance are intended to clarify vague or ambiguous language,
correct typographical or grammatical errors, and comply with legislative and judicial laws. In some instances the
proposed amendments may appear to be somewhat unrelated to the criteria of 8.030. This is particularly the case
with some of the grammatical changes. In an effort to reduce what would amount to a hugely redundant exercise,
all typographical changes, including changes in nomenclature, e.g., "parcel" to "lot", "land divider" to
"applicant", etc. will be identified as a single subset of amendments to which a single subset of findings will
apply.
The following amendments are based on needed changes to serve grammatical purposes or more accurate
terminology:
Section 2.020, Definition of Development Services Department; Sections 3.01O(2)(a)(b), 3.020,
3.070(1)(f), and 3.080(2)(e); Section 8.010; Section 10.030(5); Section 11.030(1)(c); Section 12.030(3);
Sections 15.010(3), 15.020(1) and 15.030(1); Sections 16.010(1-3), 16.030(3)(b),(d) & (f)(1), 16.040(2),
16.050(1) and 16.060(1) & (1)(a); Section 19.010; Sections 23.010 and 23.010(2); Section 25.040(3);
Section 26.050 Table 26-1; Section 30.040(2)(e); Sections 31.010(2) and 31.170(6); Sections
34.030(13)(b), 34.070(1)(a), 34.090(3), 34.090(3)(d), (j) &(n) and 34.120; Sections 35.010(3)(e),
35.040(1)(g)(2.), 35.060(2)(a), 35.080, 35.090(1) and 35.100(c)(1); and Section 38.040(2) & (4).
Criteria (1) Conformance with the Metro Plan;
The SDC is a primary tool to implement the Metro Plan. Each of these preceding amendments reflect
grammatical changes and updates to current terminology. This fine detail work is to highly specialized for
applicability to the generalized format of the Metro Plan. Nothing contained in these amendments alter existing
Metro Plan policy.
Criteria (2) Conformance with Applicable State statutes;
ORS 197.010 states that comprehensive plans shall be the basis for more specific rules and land use regulations
which implement the policies expressed through the comprehensive plans. 197.015(11) defines "land use
regulation" as any local government zoning ordinance, land qivision ordinance or similar general ordinance
establishing standards for implementing a comprehensive plan.
Findings for Jo. No. 95-07-132 Page 1
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ORS 227.215 states that a City may adopt an ordinance requiring that whatever land development is undertaken
in the city comply with the requirements of the ordinance and be undertaken only in compliance with the terms of
a development permit; the certain development is a right upon compliance with the ordinance; that certain
development requires discretionary approval; that certain development is exempt from the ordinance; and that the
ordinance may divide the city into districts and apply the ordinance to all or part of the city.
The grammatical changes and updates in terminology make the SDC correct in language, accurate with regard to
terminology and more definitive in implementation of the standards and provisions of the Code.
Criteria (3) Conformance with Applicable State-wide Planning Goals and Administrative Rules.
None of the proposed grammatical changes or changes in terminology affect the implementation of state-wide
goals. The purpose and intent of,the original Code language was to implement the Metro Plan which in turn
implements state-wide goals. The substance to these changes is merely to correct grammatical errors and errors in
terminology. No provision of the Code designed to respond specifically to a state-wide planning goal or
Administrative Rule have been altered in any way that would diminish or exempt conformance with this criteria.
The following amendments are based on replacing vague or ambiguous language and/or intent with clear
instructions, provisions and requirements intended to implement the SDC and through it, the Metro Plan and state
law:
Section 2.020 Definition of Accessory Structure; agriculture; building envelope; tree diameter at breast
height; gross density; development; future development plan; discretionary use; low and high impact
public utility facilities; non-conforming uses; wooded lots; front, side, rear, street side and through lot
rear yards; Sections 3.020(4),(7) & (8), 3.040(5) and 3.070(1)(c,e & f (3)); Sections 10.020(1), 10.030(1)
& (1)(c), (4) & (4)(a-f); Sections 16.020(7)(b), 16.030(3)(b), (d), (e) & (f)(3), 16.050(1), (2) & (2)(b),
16.070(8), and 16.100(1)(a)(1) & (1)(c)(5), (3) & (3)(a), (6), and (9)(a-k); Sections 18.020(6)(cc) &
(14)(a) & (7)(1), and 18.110(13) & (14); Section 19.010; Section 20.100(5) & (5)(c); Section 21.040(2);
Section 23.020(1)(c); Section 23.100(1), (3), (5) & (6) and (7) (a)(1-10); Section 25.040(4); Sections
29.050(6),29.060(12), and 29.070(1)(c)(1-3), (3)(a), (5) & (5)(b)(2); Sections 31.140(2)(c) & (4); and
31.190(8)(a); Section 33.060(5); Sections 34.040; 34.070(4)(b & c); and 34.100(2); Sections 35.060(2)(b)
and 35.070; Sections 38.010(2) & (3), 38.020(1), 38.030(3), and 38.040(3).
Criteria (1) Conformance with the Metro Plan;
Each of these proposed amendments clarify provisions or terms of this Code. The new definitions provide more
certainty for citizens and staff for processing development permits or land use applications. Defining agriculture
and agricultural structures for purposes of allowing interim uses in the urban transition area allows the City to
apply Metro Plan policies concerning limited urban development outside city limits and yet allow the continued
historical use of this land for agricultural purposes. This also eliminates the confusion of invoking the
agricultural provisions of Goal 3 or ORS 215 within an adopted UGB. The definition of gross density allows clear
and consistent implementation of the Metro Plan's residential density categories (pages II-E-2, II-E-3, and pages
III-A-1 through III-A-7). The definition offuture development plan provides for greater certainty that urban
expansion into the urban transition area will be accommodated efficiently and consistent with adopted long range
functional plans as provided in the Growth Management and Urban Service Area component of the Metro Plan
(pages II-B-1 through II-B-9). Definitions for low and high impact public utility facilities enables more certainty
in implementing and revising the Metro Plan Public Utilities, Services and Facilities element (pages III-G-I
through III-G-7), the Public Facilities Plan, water provision master planning, subdivision platting and capital
improvements planning. The definition for non-conforming use provides more clarity for the property owner and
city planning commission or hearings official in determining the application of discretionary use criteria to
expanded non-conforming uses. The definition of yards provides developers and the city with more certainty in
developing property, particularly residential property.
Findings for Jo. No. 95-07-132 Page 2
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Exempting single family dwellings from certain development approval processes is con~istent with Metro Plan
Residential land use policies for removing barriers to the provision of needed housing (<Chapter III, pages A-I
through A-7). Requiring future development plans for siting single family homes on larid outside the city limits is
consistent with Metro Plan policies regarding the logical and efficient urbanization of urban transition area land
(Chapter II, page B-1 through B-9). Requiring development approval for agricultural structures in flood hazard
areas or land not previously used enables the city to protect the health, safety and welfate of its citizens and to
ensure plan/zone conformance as prescribed in Chapter II of the Metro Plan. Creating ~pecific discretionary
criteria and development standards for the siting of schools is consistent with the Metro !Plan's fundamental
principles (page II-I) and with the efficient provision of services specified in Chapter II! pages B-3 through B-9,
and Chapter III, pages G-l through G-7. Prohibiting private streets where public streetS have been planned is
consistent with the orderly provision of public services in Chapter II and with the goals knd policies of the
Transportation element in Chapter III, pages F -1 through F-7. Establishing yard setbacks, minimum lot size and
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solar setbacks for panhandle lots is consistent with the Environmental Design Chapter of the Metro Plan, pages
III-E-l through III-E-4. Allowing more opportunities for cluster development, which is; intended to encourage
innovative use of land, and preserving wetlands and other natural resources, is consiste* with the Residential
Land element (pages III-A-l through III-A-7 and the Environmental Design element (p*ges III-E-l through III-
E-4). Allowing secondary assembly or manufacturing of goods sold on premises is consistent with the policies of
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the Economic element intended to diversify the economy and assist existing businesses (pages III-B-4 through III-
B-7). Exempting underground low impact public facilities from the discretionary use process is consistent with
Metro Plan policies regarding the efficient provision of public facilities (pages III-G-l tlirough III-G-7).
Requiring the placement of handicapped spaces and the installation of sidewalks along ~treet frontage is
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consistent with the policies in the Transportation element regarding alternative modes of transportation (pages III-
F-l through III-F-7). The changes to tree felling standards are consistent with the efficirnt provision of urban
services (III-G-l through III-G-7) and preservation of natural assets (III-E-l through IIIjE-4).
Criteria (2) Conformance with Applicable State statutes; I
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ORS 197.010 states that comprehensive plans shall be the basis for more specific rules a~d land use regulations
which implement the policies expressed through the comprehensive plans. 197.015(1 01 defines "land use
regulation" as any local government zoning ordinance, land division ordinance or simil~r general ordinance
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establishing standards for implementing a comprehensive plan. i
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ORS 227.215 states that a City may adopt an ordinance requiring that whatever land deJelopment is undertaken
in the city comply with the requirements of the ordinance and be undertaken only in compliance with the terms of
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a development permit; that certain development is a right upon compliance with the ordinance; that certain
development requires discretionary approval; that certain development is exempt from t~e ordinance; and that the
,ordinance may divide the city into districts and apply the ordinance to all or part of the Sity.
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Each of the preceding amendments are intended to clarify vague and ambiguous language. In so doing they also
are consistent with numerous policies of the Metro Plan and the preceding Oregon Revised Statutes.
Criteria (3) Conformance with Applicable Statewide Planning Goals and AdministratiJ Rules.
By far the predominant theme to this set of amendments is the clarification of language Lgarding development
approval for schools, certain residential developments, and natural resource protection. tn this regard, these
amendments provide more certainty that the purpose and intent of the following statewi~e goals will be considered
and implemented on a case by case basis: Goal 5 Open Spaces, Scenic and Historic Areas, and Natural
Resources; Goal 6 Air, Water and Land Resources Quality; Goal 7 Areas Subject to NatJral Disasters and
Hazards; Goal 10 Housing; Goal 11 Public Facilities and Services; Goal 12 Transportati6n; Goal 13 Energy
Conservation; Goal 14 Urbanization; and Goal 15 Willamette River Greenway. These a~endments also are
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Findings for Jo. No. 95-07-132 Page 3
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consistent with the provisions of Goal 2 Land Use Planning in that the proposed change~ were precipitated by the
need to "take into account changing public policies and circumstances" (page 2, Oregon Statewide Planning
Goals). Goal 1 Citizen Involvement was observed for all proposed amendments by proyiding a draft copy of these
proposals to affected service providers, recognized neighborhood associations, and the Ghamber of Commerce 45
days prior to the first public hearing. In addition, published advertisements and legal n9tice of public hearings
were provided for each of 4 work sessions conducted by the Planning Commission and €ity Council and 2 public
hearings held by the Planning Commission and City Council. I
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These amendments also are consistent with the following administrative rules: 660-08-015 regarding clear and
objective approval standards for needed housing; 660-16-005 regarding incorporation df stormwater and wetlands
management/mitigation in development proposals where such circumstances exist; and 660-20-025 regarding
development within the Willamette River Greenway and notice to the State Parks Department rather than the
Oregon Department of Transportation. I
The following amendments are based on requirements of state law ORS):
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Section 2.020 Definition of Discretionary Use and Prefabricated Dwelling; Sections 3.020, 3.050(2)(b),
3.070(2) & (3); Sections 4.010(1) & (2), 4.020(1), 4.030(1), (4) & (4)(c) and (5); Section 10.010(2);
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Section 11.030(1); Section 12.030; Section 15.010(1); Sections 16.020(5)(b) &, (h), (6)(e-g),
16.030(3)(b), and 16.100(6)(d)(8); Sections 25.040(3) & 25.060; Sections 34.0:1O(3)(a), 2.a. & 3.c.,
34.090(3)(h), (j), (n), (p) & (q); Sections 35.010 (3)(a), 2.a., 3.c., 35.090(1)(d),1 (g), (h), (j), (n) & (P),
and 35.100(2). I
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As with the first set of amendments, the SDC is a primary tool in the implementation br the Metro Plan.
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Outdated or improper code requirements will not carry out this objective. In fact, the opposite result will occur
in terms of review and evaluation of development proposals, processes and timelines, tertainty and
appropriateness of the decision, clear and objective standards, and sustainable actions bn appeal. Failure to make
the Code current with the law will put each decision at high risk of remand by LUBA 6r the courts.
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Criteria (1) Conformance with the Metro Plan;
Criteria (2) Conformance with Applicable State statutes; I
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Each of these amendments is recommended for compliance with Oregon Revised StatUtes or federal law. If these
amendments are not included, any action taken by the City to eqforce the current langJage of the cited pr6visions
would be overturned on appeal. The bulk of these amendments will result in the Planhing Commission or
Hearings Official making decisions on interpretations currently vested with staff (ORS 197.015, 197.195 &
197.763); exemption of certain permitted uses from the development approval process I(ORS 197.015); sidewalk
requirements (Americans with Disabilities Act), adult foster care (federal Fair Housin~ Act); and ORS 92
requiring specific information to be included on the plat or recorded separately. I
Criteria (3) Conformance with Applicable Statewide Planning Goals and Administrative Rules.
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These amendments will correct various sections of the Code that are not current with ~xisting law. These
changes are consistent with Goal 2 Land Use Planning, Goal 10 Housing and Goal 15 fillamette River
Greenway. Conformance with state law is consistent with Administrative Rules in as much as the OAR and
ORS must be consistent with each other.
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