HomeMy WebLinkAboutOrdinance 6018 07/01/2002
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ORDINANCE NO. 6018
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AN ORDINANCE AMENDING ARTICLE 2 DEFINITIONS, SECTION 2.020
MEANING OF SPECIFIC WORDS AND TERMS; ARTICLE16 RESIDENTIAL ZONING
DISTRICTS, SECTION 16.100(3) CLUSTER DEVELOPMENT; 16.120, ACCESSORY
DWELLING UNIT STANDARDS; AND ARTICLE 35 SUBDIVISION STANDARDS,
SECTION 35.040 TENT A TIVE PLAN DRAFTING REQUIREMENTS, OF THE
SPRINGFIELD DEVELOPMENT CODE.
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 June 4th, 2002, the Springfield Planning Commission held a public hearing on the
SDC amendment request (Jo. No.2002-05-0133). The Springfield Planning Commission voted 6 to
o with 1 absent 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. 2002-05-0133) 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. 2002-05-0133) incorporated herein by reference.
Now therefore, based on the above findings,
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section I: Section 2.020 MEANING OF SPECIFIC WORDS AND TERMS is hereby amended as described
below:
"ACCESSORY DWELLING UNIT. A single-family accessory dwelling unit is a secondary, self-
contained dwelling that may be allowed only in conjunction with a detached single-family dwelling. An
Accessory dwelling unit is subordinate in size, location, and appearance to the primary detached single-
family dwelling. An accessory dwelling unit generally has its own outside entrance and always has a
separate kitchen, bathroom and sleeping area. An accessory dwelling may be located within, attached to or
detached from the primary single-family dwelling."
"CLUSTER SUBDIVISION. Cluster Development is a form of subdivision development that permits
flexibility in dimensional requirements by reducing lot size, setback, street width and other developmental
standards to allow more flexible design than is permissible under the conventional subdivision process.
Cluster Development preserves open space and creates innovative residential designs that emphasize
affordability and home ownership."
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Section 2: The section 16.120 ACCESSORY DWELLING UNIT STANDARDS is hereby amended as
follows:
"16.120 ACCESSORY DWELLING UNIT STANDARDS
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Accessory Dwelling Unit (ADU). A single-family accessory dwelling unit is a secondary, self-contained
dwelling that may be allowed only in conjunction with a detached single-family dwelling. An Accessory
dwelling unit is subordinate in size, location, and appearance to the primary detached single-family dwelling.
An accessory dwelling unit generally has its own outside entrance and always has a separate kitchen,
bathroom and sleeping area. An accessory dwelling may be located within, attached to or detached from the
primary single-family dwelling.
(1) Applicability. Accessory dwelling units are permitted on LDR properties with an existing primary
dwelling, within the City Limits.
EXCEPTION: Accessory dwelling Units are prohibited on lots within the Washburne Historic
District.
(2) Purpose. An accessory dwelling unit is intended to:
(a) Add affordable units to existing housing stock;
(b) Provide flexibility for changes in household size over the course of time;
(c) Protect neighborhood stability, property values, and the single-family residential appearance of
the neighborhood by ensuring that Accessory Dwelling Units are constructed under the
provisions of this Section.
(3) Categories. An accessory dwelling may be established by:
(a) Conversion of an attic, basement or garage or any other portion ofthe primary dwelling;
(b) Adding floor area to the primary dwelling, including a second story; or
(c) Construction ofa detached accessory dwelling unit on a lot with a primary single-family
dwelling.
(4) Review Procedure.
(a) An accessory dwelling unit shall be reviewed under Type I procedure.
(b) A complete application together with all required materials shall be accepted by the Director
prior to the review of the request as specified in Section 3.050, Application submittal.
(5) Plan Requirements. A plan drawn to scale showing the proposed accessory dwelling unit and its
relation to the primary dwelling; existing and proposed trees and landscaping, lot area and
dimensions, percent of lot coverage, building height, entrance locations, location of utilities and
meters, off-street parking area; a detailed floor plan of the accessory dwelling unit, drawn to scale
with labels on rooms indicating uses or proposed uses; and a separate written response demonstrating
how the required development standards listed in Subsection 6 of this Section can be met.
(6) Development Standards. Accessory dwelling units shall meet the following standards:
(a) The accessory dwelling unit shall meet all applicable standards in this Code including, but not
limited to; setbacks, height, lot coverage, solar access and building codes in effect at the time of
construction.
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(b) The minimum lot size to construct an accessory dwelling unit shall be as specified in Section
16.030 of this Article.
(c) The accessory dwelling unit shall contain a kitchen, bathroom, living, and sleeping area that are
completely independent from the primary dwelling.
(d) The square footage of the accessory dwelling unit shall not exceed 40 percent of the primary
dwelling exclusive of the garage. Within this standard, the minimum area shall not be less than
300 square feet. The maximum area shall not exceed 750 square feet.
EXCEPTION: The 40 percent requirement will not apply when the primary structure is less
than 750 square feet in size, in order to ensure a 300 square foot minimum accessory dwelling
unit. The minimum and maximum square footage shall be 300 square feet when the existing
primary structure is less than 750 square feet in size.
(e) When separate entrances to the accessory dwelling unit is proposed:
I. Only one (I) entrance may be located on the front or street side of each residence.
2. A hard surface walkway, a minimum of 3-feet in width, shall be required from the primary
entrance of the accessory dwelling unit to the street or walkway serving the primary
dwelling.
(t) Each dwelling shall have its own address.
(g) One, paved, off-street parking space 9'xI8' in size, in addition to that which is required by
Section 16.070 of this Article shall be required.
(h) The accessory dwelling unit may not be occupied prior to occupancy ofihe primary dwelling.
(i) Before final occupancy of the accessory dwelling unit, the property owner shall record a deed
restriction that states the property owner resides on the property and the accessory dwelling unit
shall not be sold separately from the primary dwelling unless lawfully partitioned.
(7) Design Standards. An accessory dwelling unit shall comply with the following standards, where
practicable:
(a) Exterior finish materials shall be the same or essentially the same in terms of type, size,
placement and finish as the primary dwelling.
(b) Roof pitch shall match the roof pitch of the primary dwelling.
(c) Trim shall be the same in type, location and finish as the primary dwelling.
(d) Windows shall match those of the primary dwelling in terms of proportion (height and width
ratio) and orientation (vertical vs. horizontal).
(e) Eaves shall project from the accessory dwelling unit addition the same distance as the eaves on
the primary dwelling.
(8) Prior Uses. The Director shaH approve any accessory dwelling unit existing at the time of the
adoption of this amendment if the following conditions can be met:
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(a) The accessory dwelling unit complies with the provisions of Subsections (3) through (7) of this
Section; and
(b) A building permit was issued when the accessory dwelling unit was constructed or remodeled.
The burden of proof shall be the responsibility of the property owner to show proof of building
permits.
(9) Non-conforming lot sizes. Accessory dwelling units shall not be permitted on lots that do not meet the
minimum lot size stated in Section 16.030 of this Article.
(10) Prohibited Use. Mobile homes, manufactured homes, Recreational Vehicles, motor vehicles, travel
trailers and all other forms of towable or manufactured structures shall not be used as an accessory
dwelling unit."
Section 3: Section 16.100 (3) (a) SPECIAL USE STANDARDS, CLUSTER DEVELOPMENT has been
amended as follows:
"(a) Applicability
Cluster Development is a form of subdivision development that permits flexibility in dimensional
requirements by reducing lot size, setback, street width and other developmental standards to allow
more flexible design than is permissible under the conventional subdivision process. Cluster
Development preserves open space and creates innovative residential designs that emphasize
affordability and home ownership. Cluster Development shall be permitted in all residential districts.
The minimum development area shall be at least I gross acre in size. Cluster Development shall not
exceed the maximum density of the applicable zoning district and the Metro Plan. Density shall be
calculated on the gross acreage."
Section 4: Section 16.100(3) (b) is amended as follows:
"(b) Purpose
The purpose of Cluster Development is to fully implement the goals and policies of the Metro Plan by:
I. Permitting developers to use innovative methods and approaches not available under conventional
subdivision methods to facilitate the construction of a variety of housing types;
2. Encouraging infill on larger properties.
3. Lowering development costs by the economic provision of public facilities;
4. Providing common open space for active and passive recreation use of residents of the development;
and
5. Preserving natural resources including, but not limited to wetlands, natural drainage ways,
constructed open storm water management areas, and wooded areas by clustering development on
those portions of a site that are suitable for development."
Section 5: Section 16.100(3) (c) is amended as follows:
"(c) Review Procedure
All Cluster Subdivisions shall be reviewed under the Subdivision review process.
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I. Subdivision Development in all residential districts shall be reviewed under the Subdivision process
specified in Article 35 and the Site Plan Review process specified in Article 31 of this Code; and,"
Section 6: Section 16.100(3) (d) is amended as follows:
"(d) Permitted Dwellings, Structures and Uses.
The following dwellings, structures and uses shall be permitted in all residential districts:
1. Attached single-family dwellings, row houses, town houses.
2. Detached single-family dwellings.
3. Duplexes.
4. Manufactured dwellings.
5. Multi-Family dwellings (in MDR and HDR zoning districts)
6. Accessory structures and uses permitted in the LDR district.
7. Common public and private open space."
Section 7: Section 16.100(3) (e) is amended as follows:
"(e) Adjustments to Dimensional Standards
. 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.
EXCEPTIONS:
1. The perimeter of the development shall meet the LDR setbacks specified in Section 16.050 ofthis
Code.
2. No increase in building height shall be permitted.
3. Solar protection for abutting LDR properties north of the proposed development shall be required.
4. The maximum lot coverage of the net development area shall meet the lot coverage standards of
Section 16.040 of this Code.
5. Where zero lot line construction is used, spacing between buildings or clusters of buildings shall be at
least I 0 feet."
Section 8: Section 16.100(3) (f) is amended as follows:
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"(I) Neighborhood Compatibility. New single-family detached, attached, and duplexes constructed within a
cluster development should be generally compatible with existing homes. The goal is to reduce the impact
of new development on established neighborhoods by incorporating elements of nearby, quality buildings,
such as building details, massing, proportions, and materials. To foster compatible residential development
at the higher densities sought by this Article; the following standards shall be followed.
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1. Front Yard Setbacks for Buildings in Established Residential Areas. When an existing single family
residence is located within 25 feet of the subject site and fronts on the same street as a proposed
building, a front yard setback similar to that of the nearest single family residence shall be used.
"Similar" means the setback is within 5 feet of the setback of the nearest single-family residence.
For example, if the existing single-family residence has a front yard setback of20 feet, then the new
building shall have a front yard setback between 15 and 25 feet. If there are two adjacent single-
family residences fronting on the same street, then an average measurement shall be taken using the
two adjacent residences. This standard shall not cause a front yard setback to exceed 25 feet.
2. Building Height Transition. Taller buildings shall step-down to provide a height transition to existing
single story buildings. This standard applies to new and vertically expanded buildings within 25 feet
(as measured horizontally) of an adjacent LDR property line with an existing single story building
that is less than 21 feet in height. The standard is met when the height of the taller building or
portion of the taller building does not exceed the height of the shorter building by more than 5 feet
within the 25-foot horizontal zone."
Section 9: Section 16.100(3) (g) is amended as follows:
"(g) Specific Development Standards for Single-Family Dwellings. The following design standards apply to
Single-family detached, Single-family attached (less than 3 attached units) and Duplexes:
(I) Building Orientation and Connectivity to the Fronting Street.
Dwelling units shall have a door opening directly to the fronting street. A minimum 3-foot wide
walkway shall connect the door to the street. The walkway shall be constructed of a permanent hard
surface (not gravel) and located directly between the street sidewalk and the front door. This walkway
shall not be part of the driveway area.
(2) Garage Doors. Garage door placement and design shall meet the following conditions:
(a) Garage door openings facing a fronting street shall not exceed 40% of the width of the house
facade.
(b) The garage facade shall be set back a minimum of 4 feet from the house facade. The minimum
setback of the garage facade is reduced to 0 feet if the house facade has a porch, 50 square feet or
more in size, encroaching into the setback.
(3) Windows. A minimum area of 15 percent windows and/or dwelling doors on facades facing
streets, sidewalks, and multi-use paths (including garage facades). Gabled areas do not need to be
included in the base wall calculation when determining the minimum 15 percent calculation for
windows/doors.
(4) Design Variety. Each home shall incorporate a minimum of three (3) of the following five (5)
building design features. Applicants shall indicate which options they are proposing on plans
submitted for building permits. While not all of the design features are expressly required, the
inclusion of as many as possible is strongly encouraged.
(a) Roof Pitch & Design. A minimum 4 to 12 roof pitch. Eaves.
(b) Eaves with a minimum 6-inch overhang.
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(c) Building Materials. At least two (2) different types of building materials (including, but not
limited to stucco and wood, brick and stone, etc) or a minimum of two different patterns of
the same building material (e.g. scalloped wood and lap siding, etc.) on facades facing
streets. These requirements are exclusive of foundations and roofs and pertain only to the
walls of a structure.
(d) Architectural Features. At least one architectural feature included on a dwelling facade(s)
that faces the street. For the purposes of this provision, architectural features are defined as
bay windows, covered porches greater than 60 square feet in size, second floor balconies,
dormers related to living space, or habitable cupolas, pillars or posts, recessed entries and off
sets in building face or roof. If a dwelling is oriented such that its front facade (facade with
the front door) is oriented to a sidewalk and no facades ofthe dwelling face a street, then the
architectural feature may be counted if it is located on the facade of the dwelling that faces
the sidewalk and contains the front door.
(e) Architectural Details. At least one architectural detail on a dwelling facade(s) that faces the
street. Architectural details used consistently throughout the construction of the dwelling
facades that face streets. For the purposes of this provision, architectural details are defined
as exposed rafter or beam ends, eave brackets, gridded windows or windows with divided
lites, or pergolas/trellis work integrated into building facades. If a dwelling is oriented such
that its front facade (facade with the front door) is oriented to a sidewalk and no facades of
the dwelling face a street, then the architectural details may be counted if they are located on
the facades of the dwelling that face the sidewalk."
. Section 10: Section 16.100(3) (h) is amended as follows:
"(h) Open Space.
At least 20% ofthe development site shall be designated common open space as either natural resource
protection or for use by residents. Open space shall be maintained around wetlands, steep slopes, and
natural waterways or wooded areas where those exits or create common open space with amenities for
community activities for residents such as playgrounds, picnic areas, gardens, or sports features. Setbacks
and buffer areas do not count towards common open space. The use of restrictive covenants, dedication
and homeowners' association maintenance shall be assured through a homeowners' association.
EXCEPTION:
(1) The open space requirements listed in Article 16.110 shall be used when a multi-family development is
proposed."
Section 11: Section 16.100(3) (i) is amended as follows:
"(i) Landscaping.
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Landscaping and/or natural vegetation shall occupy a minimum of 50 percent of required common open
space. On-site natural resources and historic features that are accessible to residents (e.g., by trials,
boardwalk, etc.) may be used to satisfy this requirement. For example, if25% of the site includes a
natural resource or historic feature then 25% of the landscaping requirement is satisfied."
Section 12: Section 16.1000) is amended as follows:
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Over and above any other condition of approval, when mitigating conflicts with adjacent properties raised
during the review of a Cluster Development, the Director may require landscaping in the perimeter
setbacks specified in Subsection (5)(a) of this Section in order to provide a buffer area to adjacent
properties. In this case, the setbacks shall be landscaped according to the screening standards listed in
section 31.160 or Section 16.110."
Section 13: Section 35.040 (15) SUBDNISION STANDARDS TENTATNE PLAN DRAFTING
REQUIREMENTS is amended as follows:
"(15) For Cluster Subdivision the following additional information shall be submitted with the tentative plan:
(a) Front Yard Setbacks for Buildings in Established Residential Areas.
(b) Building Height Transition.
(c) Building Orientation and Connectivity to the Fronting Street.
(d) Garage door placement and design.
(e) Percentage of windows and/or dwelling doors on facades of homes facing streets, sidewalks, and multi-
use paths (including garage facades).
(f) Design Variety. Each home shall incorporate a minimum of three (3) of the following six (6) building
design features. Applicants shall indicate which options they are proposing on plans:
(i) Roof Pitch & Design. A minimum 4 to 12 roof pitch.
(ii) Eaves with a minimum 6-inch overhang.
(iii) Architectural Features.
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(iv) Architectural Details. At least one architectural detail on a dwelling facade(s) that faces the street.
For the purposes of this provision, architectural details are defmed as exposed rafter or beam ends, eave
brackets, gridded windows or windows with divided lites, or pergolas/trellis work integrated into
building facades. If a dwelling is oriented such that its front facade (facade with the front door) is
oriented to a sidewalk and no facades of the dwelling face a street, then the architectural details may be
counted if they are located on the facades of the dwelling that face the sidewalk.
(g) Open Space location and percentage.
(h) Required landscaping and if required show landscaping for buffer area."
Section 14: If any section, subsection, sentence, clause, phrase, or portion ofthis Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such ruling shall not affect the validity of
the remaining portions hereof.
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ADOPTED by the Common Council of the City of Springfield by a vote of ~for and
~ against, this ~day of July, 2002.
APPROVED by the Mayor of the City of Springfield, this ~ day of July, 2002.
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ATTEST:
~\le, W ~QJ~)0
:ity Recorder
REVIEWED & APPROVED
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DATE '" J ~},~~""'"'
OFFICE OF CITY ATTORNEY
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Ordinance No. 6 0 18