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HomeMy WebLinkAboutOrdinance 5636 05/18/1992 ~. .v . . . . .~ ORDINANCE NO. 5636 AN ORDINANCE AMENDING ARTICLE 1 GENERAL PROVISIONS; ARTICLE 2 DEFINITIONS; ARTICLE 11 VARIANCES; ARTICLE 12 ZONING DISTRICT AND OVERLAY DISTRICT CHANGES; AND, ARTICLE 18 COMMERCIAL ZONING DISTRICTS OF THE SPRINGFIELD DEVELOPMENT CODE TO PROVIDE FEE WAIVER FOR AFFORDABLE HOUSING; DEFINE TYPE 2 MANUFACTURED HOMES AS SINGLE WIDE DWELLINGS; PROVIDE LIST OF ADVERSE AFFECTS FOR MODIFICATION OF PROVISIONS; ADD FUNCTIONAL PLANS TO CRITERIA TEST AND DEFER CONFLICT RESOLUTION UNTIL PERMIT APPLICATION; AND, ALLOW THE CONTINUANCE OF USED CAR SALES LOTS IN THE DOWNTOWN EXCEPTION AREA, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: Section 1.070 is hereby amended as described below: 1.070 FEES. (1) The City Council shall establish fees by separate ordinance for the performance of the actions and reviews required by this Code. ill Payment of these fees shall be required at the time of application. No application shall be accepted without payment of the appropriate fee in full. (3) Upon denial of the applicant's request, and resubmission by the applicant, fees shall be required in full for the new application. For modifications or amendments to an approved application requiring Development Approval, an additional fee shall be required (see Appendix 1, Development Code Fees). (4) EXCEPTION: Applicable development fees required by this Code may be waived in order to encourage the construction of low-income housing (as defined at the time of submittal) if enters into a contractual agreement with the City for a five year period to assure compliance with the stated intent of the project and all of the criteria listed below are met: (a) The applicant shall demonstrate registered non-profit status; (b) The applicant shall be required to submit verification of occupancy to low-income individuals; and (c) Housing shall be provided within the City Limits of Springfield. ; "~. . . . . -f.! ORDINANCE NO. 5936 Page 2 Section 2: Section 2.020 is hereby amended as follows: 2.020 MEANING OF SPECIFIC WORDS AND TERMS. "MANUFACTURED DWELLING. (2) Type 2 Manufactured Home. A single wide unit of not less than 12 feet in width with an enclosed floor area of not less than 500 square feet, that has a nominal roof pitch of 2 feet in height for each 12 feet in width and that has no bare metal siding or roofing. Multi-sectional units placed on lots or parcels eligible for Type 2 units shall comply with all of the standards of a Type 1 Manufactured Home. Section 3: Section 11.030 is hereby amended as follows: 11. 030 CRITERIA (1) Modification of Provisions. The quantitative standard of this Code reduction or increase provided that: Director may adjust any involving up to a 20 percent (a) Locational or dimensional problems have been identified; and (b) The proposed adjustment is the minimum/maximum necessary to alleviate the identified dimensional or locational problem; and (c) The Modification of Provisions will not create any of the following: (1) demand for on-street parking; (2) increases in noise, odor or dust; (3) a vision clearance area hazard for pedestrians, bicyclists or motor driven vehicles; (4) encroachment on solar access; or (5) a hazardous fire prevention or fire suppression situation Section 4: Section 12.030 is hereby amended as follows: 12.030 CRITERIA. In reaching a decision on these actions, findings which demonstrate that all addressed. the Planning Commission shall adopt of the following criteria have been (1) Consistency with the Metro Plan Text and Diagraml .. '" ORDINANCE NO. 5636 Pa"ge 3 . (2) Consistency with applicable Refinement Plans, special area studies and functional plans; and (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 5: Section 18.110 is hereby amended as follows: 18.110 SPECIAL USE STANDARDS. (2) Automotive, Marine and Mobile/Manufactured Home Sales, Service, Storage, and Repair. . (a) Auto and truck dealers shall occupy an office/sales building of at least 1,000 square feet, with non-metallic siding and roofing, and located where possible on the front portion of the lot, prior to the sale of any vehicle from the lot. Used car and truck sales or car rentals shall be permitted only as secondary uses in the Downtown Exception Area, i.e., where a new car dealership is the primary use. Used cars may continue to be sold in the Downtown Exception Area on premises of former new car dealerships which have terminated business within the last 90 days. Such business shall be classified as a pre-existing non-conforming use. Such business shall install a decorative iron or masonry fence, raised planter or combination thereof that will prevent vehicles from encroaching on sidewalks. Under no circumstances shall such used car sales business be allowed to expand onto additional property not occupied by used car sales within the previous 90 days. All truck rental facilities shall have approved concrete wheel stops and a 4 foot high fence (except in the vision clearance area), preferably chain or cable, with bollards placed at 5 foot intervals and secured in the ground with concrete footings of appropriate size and depth to prevent trucks from driving on sidewalks or over curbs. These barriers shall be located between the sidewalk and the paved parking or travel area. Section 6: The recommendation of the Springfield Planning Commission, Orders No. 92-04-78 and 92-04-79, has been reviewed and is hereby adopted in support of the adoption of these amendments (See Attachment A attached hereto and incorporated herein by reference). . . ;. · 'I" bRDI NANCE NO. 5636' Page '4 . s ADOPTED by the Common Council of the for and ~ against this 18tb -day of City of Springfield Mi'lj , 1992. by a vote of APPROVED by the Mayor of the City of Springfield this 18th day of May , 1992. ATTEST: if;Jdl YA~jj Mayor ~k~~ Ci ty Recorder t . . R~ViEW~D 8. APPROVED AS ~'O FORM \ \ ~~~m~~ --J ~~~ Uf,TE: !j f\....L '=2.~ V1'12- OFFiCE OF CITV ATTORNEY CI'YV OF SPRINGFIELD .