HomeMy WebLinkAboutOrdinance 5551 02/04/1991
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ATTACHMENT A.
ORDINANcE NO. .'. S S S \
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(GENERAL)
AN ORDINANCE REVISING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING
PORTIONS OF ARTICLE 1 GENERAL PROVISIONS; ARTICLE 2 DEFINITIONS; ARTICLE 4
INTERPRETATIONS; ARTICLE 6 ANNEXATIONS; ARTICLE 8 ADOPTION OR AMENDMENT OF
REFINEMENT PLAN TEXT OR REFINEMENT PLAN DIAGRAMS AND DEVELOPMENT CODE TEXT;
ARTICLE 10 DISCRETIONARY USES; ARTICLE 11 VARIANCES; ARTICLE 12 ZONING DISTRICT
AND OVERLAY DISTRICT CHANGES; ARTICLE 13 DEVELOPMENT REVIEW MEETINGS; ARTICLE
14 PUBLIC HEARINGS; 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 DISTRICTS; ARTICLE 21
SLI SPECIAL LIGHT INDUSTRIAL DISTRICT; ARTICLE 23 PLO PUBLIC LAND AND OPEN
SPACE DISTRICT; ARTICLE 24 QMO QUARRY AND MINING OPERATIONS DISTRICT; ARTICLE
27 FP FLOODPLAIN OVERLAY DISTRICT; ARTICLE 29 UF-10 URBANIZABLE FRINGE OVERLAY
DISTRICT; ARTICLE 31 SITE PLAN REVIEW STANDARDS; ARTICLE 32 PUBLIC AND PRIVATE
IMPROVEMENTS; ARTICLE 33 LOT LINE ADJUSTMENT STANDARDS; ARTICLE 34 PARTITION
STANDARDS; ARTICLE 35 SUBDIVISION STANDARDS; ARTICLE 36 MOBILE HOME STANDARDS;
ARTICLE 39 THE SOLAR ACCESS GUARANTEE and APPENDIX 1 FEES, AND DECLARING AN
EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
1. The Springfield Development Code (SDC) was adopted by the
Springfield City Council on May 5, 1986, and amendments thereto were
subsequently adopted by Ordinance.
2. On December 12, 1990, the Springfield Planning Commission held a
public hearing on this SDC amendment request (Jo. No. 90-09-143). The
Springfield Planing Commission . voted 7 to 0 to recommend approval of these
amendments to the City Council.
3. Findings in support of adoption of these amendments to the SDC are
set forth in the Staff Report and the Recommendation to the Council (Jo. No.
90-09-143) 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.
90-09-143) incorporated herein by reference.
Now therefore, based on the above findings,
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: Section 1.020 is hereby amended as described below:
The regulations contained in this Code are intended to ensure that:
(1) Development is of the proper type, design and location and is
serviced by a proper range of public facilities and services.
(2) Development
Code.
is consistent with the applicable standards of this
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Section 2: Section 1.050 is hereby amended as described below:
Violation of any provisions of this Code shall be punishable as specified in
Sections 5~15-1 through 5-15-12 of the Springfield Code, 1965. In addition,
the Building Official may order any work stopped by notice in writing.
Section 3: Section 2.020 is hereby added to or 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
(See also PRIMARY STRUCTURE; EXTENSION, ARCHITECTUAL; and INCIDENTAL
EQUIPMENT) .
BOARDING HOUSE. A building where lodging and meals are provided for more than
2 weeks for compensation. This definition excludes bed and breakfast
facili ties.
CALENDAR DAY. Any day of the year, including official City holidays and
weekends. If any effective date or deadline falls on a weekend or holiday,
such date or deadline will be effective on the next City working day.
CHURCH. Any use of land or buildings, primarily intended for the conducting
of organized religious services, excluding bingo parlors, provided that, soup
kitchens and distribution centers, private schools and emergency shelters may
be approved as secondary uses by the Approval Authority.
CONGREGATE CARE FACILITY. A building serving more than 15 elderly or infirm
persons where daily meals are provided outside of each individual dwelling
unit, on-site nursing facilities are available and the majority of residents
do not own automobiles.
DIRECTOR. The Development Services Director or the duly authorized
representative who is responsible for the administration and interpretation of
this Code. The Planning Manager routinely serves as the representative of the
Director.
EMERGENCY SHELTER. The use of a church, school, motel, hotel, or other
approved structure for housing the homeless due to a natural disaster or other
reason on a short term basis.
EXTENSION, ARCHITECTUAL. Architectual appendages, including but not limited
to, cornices, eave overhangs, porches and balconies extending beyond an
exterior wall of a building (See also ACCESSORY STRUCTURE).
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FAMILY.
(1) Two or more persons related by blood, legal adoption, guardianship
or marriage living together, or
(2) Except as may be modified by the Federal Fair Housing Law as it
relates to handicapped persons, a group of not more than 5 persons
who need not be related (as above) living together in a dwelling
( uni t.
FINAL HAP. The finished drawing of the survey of a lot line adjustment which
will contain information necessary to comply with this Code and requirements
resulting from review of the Preliminary Plan.
FOSTER HOKE. Any dwelling or facility maintained and operated for the
boarding and housing of more than 5 children who are not related by blood or
marriage to the owner/operator of the dwelling or facility.
GROUP CARE HOKE. Any dwelling or facility maintained and operated exclusively
for the care, boarding, housing and rehabilitation of more than 15 unrelated
persons who are ill, physically or mentally disabled, and/or elderly, the
majority of whom generally do not drive an automobile. This definition
includes but is not limited to homes for the aged, nursing homes and
congregate care facilities.
HALFVAY HOUSE. Any dwelling or facility for the care, boarding and housing of
more than 5 unrelated persons who have been released from institutional care
or who are placed in lieu of institutional care, i.e., work release programs.
HIGHVAY READY. Reference to a recreational vehicle that is on wheels or a
jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
INCIDENTAL EQUIPMENT. Rooftop or pole mounted structures that cast
insubstantial shadows or have minimal visual impact, including but not limited
to antennas, chimneys and flagpoles, but excluding solar collectors and
satellite dishes (See also ACCESSORY STRUCTURE).
LAND USE DECISION. A final decision or determination made by the Planning
Commission, Hearings Official or City Council that concerns the adoption,
amendment or application of: the Statewide Planning Goals; a Metro Plan or
refinement plan provision; a land use regulation; or new land use regulation.
This definition does not include a decision which: does not require
interpretation or the exercise of factual, policy or legal judgment; approves,
approves with conditions or denies a subdivision or partition; or approves or
denies a building permit.
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MAJOR ELECTRICAL TRANSMISSION LINE.
An electrical transmission line which carries 115 KV or more of electricity.
MANUFACTURED HOKE. As used in Article 27, FP Floodplain Overlay District, a
structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain
management purposes, the term "Manufactured Home" does not include
recreational vehicles (See also (c) under "Mobile Home").
MANUFACTURED HOKE PARK OR SUBDIVISION, EXISTING. As used in Article 27, a
manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is
completed before January 1, 1991.
MANUFACTURED HOKE PARK OR SUBDIVISION, EXPANSION OF AN EXISTING. As used in
Article 27, the preparation of additional sites by the construction of
facilities for the servicing of the lots on which the manufactured homes are
to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads).
MANUFACTURED HOKE PARK OR SUBDIVISION, NEV. As used in Article 27, a
manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is
completed before January 1, 1991.
MANUFACTURED STRUCTURE. A structure that is designed or able to be
relocatable, including but not limited to mobile home and recreational
vehicles. The term does not apply to any building or structure regulated
under the State of Oregon Structural Specialty Code.
MOBILE HOKE.
(a)
A residential trailer, a structure constructed for movement on. the public
highways that has sleeping, cooking and plumbing facilities, that is
intended for human occupancy, is being used for residential purposes and
was constructed before January 1, 1962.
(b)
A mobile house, a structure constructed for movement on the public
highways that has sleeping, cooking and plumbing facilities, that is
intended for human occupancy, is being used for residential purposes and
was constructed between January 1, 1962 and June 15, 1976, and met the
construction requirements of Oregon mobile home law in effect at the time
of construction
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(c) A manufactured home, a structure constructed for movement on the public
highways that has sleeping, cooking and plumbing facilities, that is
intended for human occupancy, is being used for residential purposes and
was constructed in accordance with federal safety standards regulations
in effect at the time of construction.
MODIFICATION.
(1) A request to change a final approval of any development proposal.
(2) An adjustment to any quantitative standard of this Code involving
up to a 20 percent reduction or increase.
MODULAR HOKE. See Prefabricated Structure).
NOTICE. The announcement of a decision of the Director by mail to adjacent
property owners/occupants within 300 feet of the subject property indicating
the nature of the decision and the method of appeal; the announcement of a
public hearing by mail to property owners/occupants within 300 feet of the
subject property and advertisement in a newspaper of general circulation in
the area, indicating the time, place and nature of the public hearing in
compliance with ORS 197.762.
PARTITION LAND. The division of land into 2 or 3 parcels within a calendar
year, but does not include:
(a)
A division of land resulting from a lien
foreclosure of a recorded contract for the
property or the creation of cemetery lots;
foreclosure,
sale of real
(b) An adjustment of a property line (Lot Line Adjustment) by the
relocation of boundaries where an additional unit of land is
not created and where the existing unit of land reduced in
size by the adjustment is not in conflict with any applicable
ordinance; or
(c) A sale or grant by a person to a public agency or public body
for state highway, county road, city street or other right of
way purposes provided that such road or right of way complies
with the applicable comprehensive plan and ORS 215.213(2)(q)
to (s) and 215.283(2)(p) to (r).
PARTITION PLAT. A final map and other writing containing all the
descriptions, locations, specifications provisions and information concerning
a major or minor partition.
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PARTY. The following persons or entities are defined as parties:
(1) The applicant and all owners or contract purchasers of record, as
shown in the files in the Lane County Department of Assessment and
Taxation, of the property which is the subject of the application.
(2) Any person who makes an appearance and submits testimony before
the Approval Authority.
PLAT. A final subdivision plat, replat or partition plat.
PRELIMINARY PLAN. A clearly legible drawing of the proposed layout of the
lots involved in a lot line adjustment which sha~l furnish a basis for the
approval authority to approve or disapprove application.
PREFABRICATED STRUCTURE. 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).
PRIMARY STRUCTURE. A structure of chief importance or function on a site. In
general, the primary use is carried out in a primary structure. Except in the
Low Density Residential District (unless specified elsewhere in this Code), a
site may have more than one primary structure. The difference between primary
and accessory structure is determined by comparing the size, placement,
similarity of design, use of common building materials and the orientation of
the structures on the site (See also ACCESSORY STRUCTURE).
RECREATIONAL VEHICLE (RV). A vacation trailer or other unit, with or without
motive power, which is designed for human occupancy and to be used temporarily
for recreational, seasonal or emergency purposes and has a gross floor space
of less than 400 square feet. The term includes camping trailers, camping
vehicles, motor homes, park trailers, bus conversions, van conversions, tent
trailers, travel trailers truck campers and any vehicle converted for use or
partial use as a recreational vehicle. The unit shall be identified as a
recreational vehicle by the manufacturer or converter.
RESIDENTIAL FACILITY. A home licensed by or under the authority of the
Department of Human Resources under ORS 443.400 to 443.460 which provides
residential care alone or in conjunction with treatment or training or a
combination thereof for 6 to 15 individuals who need not be related. Staff
persons required to meet Department of Human Resources licensing requirements
shall not be counted in the number of facility residents, and need not be
related to each other or to any resident of the residential facility. This
definition includes the following: residential facilities, residential care
facilities, residential treatment facilities and residential training
facili ties.
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RESIDENTIAL HOKE. A home licensed by or under the authority of the Department
of Human Resources under ORS 443.400 to 443.825 which provides residential
care alone or in conjunction with treatment or training or a combination
thereof for 5 or fewer individuals who need not be related. Staff persons
required to meet Department of Human Resources licensing requirements shall
not be counted in the number of facility residents, and need not be related to
each other or to any other resident of the residential home. This definition
includes residential treatment homes, residential training homes and adult
foster homes.
ROOMING HOUSE. A building or portion thereof where lodging, but not meals, is
provided for more than 2 weeks for compensation. This definition excludes bed
and breakfast facilities.
SUBDIVISION
descriptions,
subdivision.
PLAT. A final map and other writing containing all the
locations, dedications, provisions and information concerning a
SUBSTANTIAL DAMAGE. Damage sustained by a structure or manufactured home
whereby the cost of restoring the structure or manufactured home to its
before-damaged condition would equal or exceed 50 percent of the market value
of the structure or manufactured home before the damage occurred.
TENTATIVE PLAN. A clearly legible drawing of the parcels or
elements of a partition or subdivision which shall furnish
approval authority to approve or disapprove the general
developmen t .
lots and other
a basis for the
layout of the
VATERS OF THE STATE. Natural waterways, the fill and removal of which are
regulated by the Division of State Lands under ORS 541.605. Applicable water
ways include: all tidal and nontidal bays, intermittent streams, constantly
flowing streams, lakes and other bodies of water in this State, navigable and
nonnavigable, including that portion of the Pacific Ocean which is in the
boundaries of this State.
VETLANDS. Areas inundated or saturated by surface or ground
frequency and duration sufficient to support, and that
circumstances do support a prevalence of hydrophitic vegetation.
water at a
under normal
These areas may be identified (beginning two weeks into the growing season,
starting March 1, and located within 18 inches of the soil surface) by the
presence of one or more of the following conditions:
(1) Hydric soils;
(2) Hydrologic conditions; and/or
(3) Hydric vegetation with 50 percent cover.
Alteration
protection
Engineers.
of these areas
ordinances, the
may be regulated by
Division of State Lands,
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local natural resource
and/or the Army Corps. of
Section 4: Section 2.020 - the following terms are hereby deleted:
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AFFECTED PARTY.
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FINAL PLAT.
Section 5: Section 4.010(3) and (4) are hereby deleted.
Section 6: Section 4.020(1) is hereby amended as described below:
(1) A request for a formal interpretation of this Code shall be
reviewed under Type II procedure. When the Director determines
that Metro Plan policies apply, Type III procedure shall apply.
Section 7: Section 4.030 is hereby amended as described below:
Use interpretations shall be reviewed based upon the following applicable
cri teria:
(1) The purpose and intent of the particular Section of the Code in
question and the applicable zoning district.
(2) The definitions contained in Article 2, of this Code.
(3) The opinion of the City Attorney.
(4) In situations where an existing or proposed land use has the
characteristics of several uses, the Director shall also consider
the following when determining whether a proposed use belongs in a
particular district:
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(a) Similarities to and differences from permitted or special
uses in the particular district; and
(b) The impact, including traffic generation, hours of operation
and facilities needs, of permitting the proposed use on
adjacent properties and use~.
(c) In the event the Director cannot make affirmative findings
under this subsection, the Director shall refer the proposal
to the Planning Commission as a Discretionary Use
application.
(5) The Director shall consider the following additional
considerations in determining zoning district boundaries:
(a) Street and alley lines, lot lines or topographic features,
and/or
(b) Where the boundary separates undivided property, the location
of the boundary shall be determined by the use of the scale
and dimension appearing on the City zoning map.
Section 8: The
ARTICLE 6
. ANNEXATIONS
6.010 GENERAL
6.020 REVIEW
6.030 CRITERIA
6.040 ZONING
Article 6 Title Page is hereby amended as described below:
6.050 LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION ACTION
6.060 WITHDRAWAL FROM SPECIAL SERVICE DISTRICTS
6.070 NOTIFICATION OF UTILITIES
Section 9: Section 6.050 is hereby amended as described below:
The Development Services Department shall forward City Council annexation
ordinances to the Lane County Local Government Boundary Commission. The Lane
County Local Government Boundary Commission has final authority to effect an
annexation under applicable State statute.
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Section 10: Section 6.070 is hereby added as described below:
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6.070 NOTIFICATION OF UTILITIES.
Within 10 working days after passage of an ordinance by the City Council under
ORS 199 or 222, the Director shall provide notice by registered mail to all
public utilities, electric cooperatives and telecommunications utilities
operating within the City. The notice shall contain each site address as
recorded on the Lane County assessment and tax rolls, a legal description, a
map of the boundary change and a copy of the ordinance approving the
annexation.
Section 11: Section 8.010 is hereby amended as described below:
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 Councilor a resident of the City of Springfield or their
representative. Amendments initiated by the public shall be limited to twice
a year. Applications shall be submitted to the Development Services
Department on or before the first Friday in January or the first Friday in
July.
Section 12: Section 10.010(1) and (2) are hereby amended as described below:
.
(1) Uses identified in this Code as requiring Discretionary Use
approval may be permitted, enlarged or altered in accordance with
the provisions of this Code.
(2) The purpose of the Discretionary Use process is to ensure the
appropriateness and compatibility of certain proposed uses listed
in Articles 16-30 of this Code as well as those uses not listed
where the Director cannot make affirmative findings under Section
4.030 of this Code.
Section 13: Section 10.030 is hereby amended as described below:
(1) A Discretionary Use may only be allowed if the Planning Commission
or Hearings Official finds that the proposal conforms with the following
criteria:
(a) The proposed use shall conform with existing uses in terms of
scale, lot coverage, design, intensity of use and operating
characteristics.
(b) The proposed use shall not generate more traffic on local
streets or more demand for public facilities than would
permitted uses in the same zoning district.
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(c) The proposed use conforms with applicable Metro Plan policies
and applicable descriptions of Land Use Designations shown on
the Metro Plan Diagram.
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(2) A Discretionary Use proposal may also be required to comply with
the following Site plan Review criteria of approval in accordance
with Section 31.060 of this Code:
(a) Compliance with the submittal requirements of Sections 3.050
and 31.050 of this Code.
(b) Proposed on-site and off-site public and private improvements
are sufficient to accommodate the proposed development as
specified in Articles 31, 32, the appropriate zoning and/or
zoning overlay district Article and any applicable refinement
plan.
(c) Inventoried natural (including regulated wetlands) and
historic features of the site have been adequately considered
in the project design.
(d) Parking areas and ingress-egress points have been designed so
as to facilitate traffic and pedestrian safety, to avoid
congestion and to minimize curb cuts on arterial and
collector streets as specified in Articles 31, 32, the
appropriate zoning and/or zoning overlay district Article and
any applicable refinement plan.
(3) Any applicable Special Use Standards shall be met.
(4) If any of the 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 14: The Article 11 Title Page is hereby amended as described below:
ARTICLE 11
VARIANCES AND MODIFICATIONS OF PROVISIONS
11.010 GENERAL
11.020 REVIEW
11. 030 CRITERIA
11.040 CONDITIONS OF APPROVAL
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Section 15: Section 11.010 is hereby amended as described below:
~ It is the intent of this Article that a Variance or a Modification of
Provisions may be granted when the strict application of certain provisions of
this Code create a hardship caused by unusual circumstances related to a
specific property or structure. However, it should be noted that a Variance
or a Modification of Provisions does not include use exceptions, i.e., a
Variance cannot be used in lieu of a Zone Change. In addition, a Variance or
a Modification of Provisions shall not be used in such a way as to allow
non-compliance with adopted Fire and Life Safety Codes. Interpretations of
construction standards or Fire and Life Safety standards shall be heard by the
Building Board of Appeals as specified in Chapter I of the Springfield Code.
Finally, the criteria in Section 11.030 of this Article make it clear that
financial limitations or s~lf imposed hardships shall not be used to justify a
Variance.
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Section 16: Section 11.020 is hereby amended as described below:
(1) A Type II procedure may be used to process a Modification of
Provisions request involving up to a 20 percent reduction or
increase of the numeric provIsIons of this Code. Examples of
Modifications of Provisions include but are not limited to
setbacks, building height and lot dimension standards. The
Director may request that a Modification of Provisions normally
processed under a Type II procedure be heard by the Planning
Commission, if it is determined that the proposed Modification has
significant neighborhood impact.
(2) A Type III procedure shall be used to process a Variance request.
All requests not considered a Modification of Provisions shall be
processed as a Variance.
(3) 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.
Section 17: Section 11.030 is hereby amended as described below:
(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
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(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) There are no adverse affects on neighboring properties.
(d) Public safety will not be compromised.
(2) A Variance may be granted only if the proposal is determined by
the Approval Authority to meet all of the following criteria.
(3) In lieu of the Variance criteria specified in Subsection (1) of
this Section, Variances from the standards of Article 27, FP
Floodplain Overlay District, shall meet the criteria listed in
Section 27.060 of this Code.
Section 18: Section 11.040 is hereby amended as described below:
The Approval Authority may attach conditions as may be reasonably necessary to
minimize negative impacts in accordance with this Code (Type II Review only)
and the policies of the Metro Plan and applicable refinement plans (Type III
Review only) to ensure that any proposed development can fully meet the
criteria of Section 11.030 of this Article.
4It Section 19: Section 12.050 is hereby amended as described below:
If an application would change the zone of property which includes all or part
of a mobile home park, the City shall give written notice to each existing
mailing address for tenants of the mobile home park as specified in Section
14.030 of this Code.
Section 20: The Article 13 Title.Page is hereby amended as described below:
ARTICLE 13 RESERVED FOR FUTURE USE
Section 21: Article 13 is hereby deleted.
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Section 22: Section 14.120(3) is hereby amended as described below:
(3) All actions or decisions of the Hearings Official shall be final.
Section 23: Section 15.020(5)(b) is hereby amended as described below:
(b) Decisions by the Hearings Official regarding the applications
within the urbanizable portion of the Springfield Urban
Growth Boundary shall be final. Appeals of the Hearings
Official decisions shall be to the Oregon Land Use Board of
Appeals in accordance with applicable statutes and
regulations governing such appeals. Lane County
automatically shall have party status during the proceedings
of these appeals.
Section 24: Section 15.030(7) is hereby amended as described below:
(7)
The City Council may affirm, modify or reverse
Planning Commission and shall adopt findings
decision. The City, Council decision
Section 16.010 is hereby amended as described
the decision of the
in support of their
shall be final.
below:
Section 25:
In order to fully implement the policies of the Metro Plan, regulate the use
of land, structures and buildings, and protect the public health, safety and
welfare, the following zoning districts are established in this Article:
(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 less than 10, consistent with the
provisions of this Code. Fractions will 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 10 units per developable acre and a maximum density of 20 units
per developable acre, consistent with the provisions of this Code.
Fractions will be rounded down to the next whole number.
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(3) HDR HIGH DENSITY RESIDENTIAL DISTRICT. T~e 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 20 units per developable acre and a maximum density of 30 units
per developable acre, consistent with the provisions of this Code.
Fractions will be rounded down to the next whole number.
Section 26: Section 16.020 is hereby amended as described below:
The following specific uses are permitted in the districts as indicated,
subject to the provisions, additional restrictions and exceptions set forth in
this Code:
"P" PERMITTED USE,
processed under Type I, II
this Code).
subject to the standards of this Code; may be
or III procedures (Please refer to Article 3 of
"S" SPECIAL USE, subject to special locational and siting standards to
be met prior to being deemed a permitted use; may be processed under Type I,
II or III procedures (Please refer to Article 3 of this Code).
"D" DISCRETIONARY USE, mayor may not be permitted, based upon the
application of general criteria; may be subject to special locational and
siting standards to be met prior to being deemed a permitted use; processed
under Type III procedures (Please refer to Articles 3 and 10 of this Code).
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NOT PERMITTED
*
SITE PLAN REVIEW REQUIRED
USE CATEGORIES/
USES
DISTRICTS
LDR MDR HDR
(1)
(2)
Accessory structures (Section 16.100(1))
S
S
S
Agricultural Uses
(a) Cultivation of undeveloped land
P
P
P
(b) Temporary sales/display of produce
(Section 16.100(13))
S
(3)
Churches (Section 16.100(2))
D* D* D*
(4) Commercial Uses
(a) Professional offices (Section 16.100(11))
S* S* S*
(b) Residential dwelling units as temporary sales
offices (Section 16.100(12))
Ordinance ~ S 'S \
Page 15
S S S
.
.;
.
USE CATEGORIES/
USES
(5) Dwellings
(a) Attached single family dwellings
(b) Cluster Development (Section 16.100(3))
(c) Condominiums
(d) Detached single family dwellings
(e) Duplexes (Section 16.100(5))
(f) Manufactured homes outside of manufactured
home parks and manufactured home subdivisions
(g) Manufactured homes as temporary
residential uses (Article 36)
(h) Multiple family dwellings including
triplexes, fourplexes, quads, quints,
and apartment complexes over 4 units
(i) RVs as a residential use
(6)
Day care facilities (Section 16.100(4))
(a) Day Care Home - 1 to 5 children
(b) Day Care Group Home - 6 to 12 children
(c) Day Care Center - 13 or more children
(abutting an arterial street)
(d) Day Care Center - 13 or more children
(abutting a collector or local street)
(7) Educational facilities - Public/private
elementary/middle schools (Section 16.100(9))
(a) 1 to 5 students in a private home
(in a 24 hour period)
(b) 6 or more students
(8)
Home occupations (Section 16.100(6))
Ordinance 'S S S \
Page 16
DISTRICTS
LDR MDR HDR
D* p* p*
D* D* D*
D* p* p*
P P P
S P P
S
S
S
p* p*
P
P
P
P
P
P
S*
S*
S*
D*
S*
S*
p* p* p*
D* D* D*
S
S
S
~.
.
.
USE CATEGORIES/
USES
(9) Group care facilities (Section 16.100(7))
(10)
(11)
(12)
(13)
(a) Foster homes for over 5 children
(b) Residential care facilities with more
than 15 persons include: Group care homes,
congregate care facilities,
nursing homes and retirement homes
(c) Halfway houses
(d) Residential Facility - 6 to 15 persons
(e) Residential Home - 5 or fewer persons
(f) Shelter homes for abused and battered
persons
Mobile home parks (Article 36)
Manufactured home subdivisions (Art. 31 & 36)
Parks - Neighborhood and private
(Section 16.100(8))
Public utility facilities (Section 16.100(10))
(a) High impact facilities
(b) Low impact facilities
(14) Transient accommodations (Section 16.100(14))
(15)
(a) Bed and Breakfast facilities
(b) Boarding and rooming houses
(c) Emergency shelter homes
(d) Youth hostels
Tree cutting and removal (Article 38)
Ordinance
Page 17
F=) es rs \
DISTRICTS
LDR MDR HDR
p* p* p*
D* S* S*
D* D*
P p* p*
p P P
p* p* p*
s*
S
D* D* D*
s* S* S*
P P P
s*
S*
S*
p*
p*
s*
S*
S*
D* D*
S
S
S
Section 27: Section 16.030(3)(b) is hereby amended as described below:
.
(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), A single panhandle shall have a minimum
of 15 feet of frontage; multiple panhandles shall have a
mInImum of 25 feet of frontage (two panhandles shall each
have 12 1/2 feet of frontage per lot; three panhandles shall
each have 8 1/3 feet of frontage per lot, and four panhandles
shall each have 6 1/4 feet of frontage per lot). Multiple
panhandles shall be permitted in cases where dedication of
public right of way is impractical.
Section 28: Section 16.030(3)(f) is hereby added as described below:
(f)
The Director may waive
lots have frontage on
following apply:
the requirement that buildable City
a public street when all of the
1.
The lot or lots have
Development Area Plan.
Partition application; and
been
Site
approved
Plan,
as part of a
Subdivision or
2. Access has been guaranteed via a private street or
driveway by an irrevocable joint use/access agreement.
~; Section 29: Section 16.050(3) is hereby amended as as described below:
(3) Except as specified in Article 30 H Historic Overlay District, any
garage or carport shall be setback at least 18 feet (on average)
measured from the property line abutting the street to the face of
the garage or carport. The garage or carport shall otherwise meet
the rear and side yard setback standards of the dwelling.
Section 30: Section 16.070 is hereby amended as described below:
Exception: In the Downtown Exception Area, all lots and uses shall be exempt
from the parking space requirements of this Article. However, any voluntarily
installed parking shall conform to the design standards of this Article.
The following off-street parking standards have
residential districts:
been established for
USE CATEGORIES
NUMBER OF SPACES
(1) ACCESSORY STRUCTURES
Accessory structures
and other structures not
occupied by humans
No parking requirements
.
Ordinance 5:) S \
Page 18
.
.
'.
(2)
1 for each 100 square feet of floor
area in the primary assembly area and
1 for each 200 square feet of gross
floor area for the remainder of the
building.
CHURCHES
(3) COMMERCIAL USES
(a) Professional offices
1 for each 300 square feet of gross
floor area, but in no case less than 4
spaces except that garages shall not
count as parking spaces.
(b) Residential dwelling'
units as temporary
sales offices
See applicable dwelling unit
(4)
1 drop-off space for each 700 square
feet of gross floor area, plus 1 long
term space for each 350 square feet of
gross floor area.
DAY CARE CENTERS
(5) DWELLINGS
(a) Attached single family
2 for each dwelling
(b) Cluster development
See applicable dwelling unit
(c) Condominiums
1.5 for each dwelling unit; each
enclosed parking space shall count as
1/2 space in determining the 1.5
spaces for each dwelling unit.
(d) Detached single family 2 for each dwelling
(e) Duplexes 2 for each dwelling unit
(f) Mobile/manufactured homes 2 for each dwelling unit
(g) Multiple family other
than quads or quints 1.5 for each dwelling unit
(h) Quads or quints .75 for each bedroom
(6) EDUCATION FACILITIES
Public/Private
elementary/middle school
6 or more students
2 for each classroom, plus 1 for each
100 square feet of public assembly
area.
Ordinance &S 'S ~ ~
Page 19
.
.
/.
USE CATEGORIES
NUMBER OF SPACES
(7) GROUP CARE FACILITIES
.25 for each bedroom ord~elling unit
plus one per full time employee on the
busiest shift.
(8) PARKS
(9) PUBLIC UTILITY FACILITIES
(10) TRANSIENT ACCOMMODATIONS
(a') Bed and breakfast
facHi ties
(b) Boarding and rooming
houses
(c) Emergency shelter homes '
-
(d) Youth hostels
Traffic impact study
1 plus one for each guest bedroom.
1 plus one for each guest bedroom.
None
.3 for each guest bedroom
Section 31: Section 16.080(2) is hereby amended as described below:
(2) Each day care center, subdivision, bed and breakfast facility,
residential care facility, multiple family dwelling complex or
mobile home park, shall be allowed one wall sign or free standing
sign of not more than 12 square feet for one face, or 24 feet for
two or more faces. The maximum height for free standing signs
shall be 5 feet above grade. The maximum height for wall signs
shall be 20 feet above grade, provided that in no case shall a
wall sign extend above the building wall.
Section 32: Section 16.100(1) 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
structures such as garages,
greenhouses, storage buildings,
decks and recreational structures.
buildings and covered
gazebos, carport~,
boat houses, covered
" ,(
Ordinance 555
Page 20
.
2. Group B. (Architectual extensions) This group includes
uncovered, generally horizontal structures such as decks,
stairways, in ground or above ground swimming pools,
tennis courts, and hot tubs.
3. Group C. (Incidental equipment) This group includes
generally vertical structures such as flag poles,
trellises and other garden structures, play structures,
radio antennas, satellite recelvlng dishes and lamp
posts. Fences are addressed in Section 16.090 of this
Article and signs are addressed in Section 16.080 of this
Article.
(b) General Standards.
1. Except as specified in Subsections (c), (d) and (e),
accessory structures may be located anywhere on a site if
they are not in a required building setback.
2. Accessory structures must be constructed in conjunction
with or after construction of the primary structure; they
may not be built in advance.
(c) Group A Standards.
.
1. Lot Coverage. The combined square footage of all Group A
accessory structures and the primary structure may not
exceed the 45 percent lot coverage standard.
2.
Relationship to primary structure. A
may not have more square footage
structure.
Group A structure
than the primary
,3. Height. Group A accessory structures may be as high as
the primary structure, provided that the solar access
standards of this Code are met.
4. Location. Group A accessory structures shall meet the
setbacks specified in Section 16.050 of this Article.
(d) Group B Standards.
1. Accessory structures, not including attached rails,
benches and planter boxes, which are less than 2 1/2 feet
in height (average finished grade) are allowed in
required building setbacks.
Ordinance :s "5 J:) {
4Ia Page 21
.
2. Accessory structures, not including attached. rails,
benches and planter boxes, .whichare between 2 1/2 .feet.
. and six feet in height (average finished grade)' are not..
allowed in required front yard building setbacks., They'
are allowed in required side and rear building setbacks;
but not within three feet of a lot line. . '
>-:.
3. Accessory structures which are over six feet in height.
(average finished grade) are not allowed in any 'required
building setbacks.
4. Swimming pools, tennis courts, and other accessory'
structures which require fences shall hot be located
within the front yard setback.
(e) Group C Standards. Group C accessory structures are only
allowed in required building setbacks if they are 'no more
than two feet in width, or diameter, and no taller than 8
feet.
Section 33: Section 16.100(6) is hereby amended as described below:
.
(6) Home Occupations. A home occupation is a lawful activity carried
on within a dwelling by a member or members of . the family who
occupy the dwelling. A home occupation may be approved provided
tha t :
(a) The primary use of the building is a dwelling;
(b) The occupation is a secondary use that does not significantly
affect the residential character of the dwelling or
neighborhood; and
(c) Compliance with the following conditions shall occur at all
times:
1. One sign shall permitted in accordance with Subsection
16.080(1) of this Article.
2. There shall be no display which would indicate from the
exterior that the building is being used for any purpose
other than a residential dwelling, excluaing 1., above.
3. There shall be no outside storage of materials visible
from public property or adjacent private property.
4. Mechanical equipment, except that' which is compatible
with residential purposes, shall be prohibited.
5.
There shall be no offensive noise, vibration, smoke,
dust, odors, heat or glare noticeable at or beyond the'
property line resulting from the home occupation.
Ordinance ~ 55 \
Page 22
.
.
.
The home occupation shall not create hazardous traffic
conditions or utilize on-street parking of nearby.
properties.
7. If the proposed home occupation . requires any
modification to the dwelling or accessory structure of a
nature that is not typically found in a residential.
district, the proposed home occupation shall be
considered inappropriate and prohibited.
6.
8. No merchandise, other than what is produced on-site
shall be sold to the public from premises.
9. The use or storage of heavy equipment. or heavy vehicles
shall. not be permitted. Heavy equipment and heavy
vehicles shall include, but not be limited to the use
of: semi-trucks, trucks' and tractors,. back hoes, bob
cats, refrigerator trucks, livestock trucks, commercial
buses, farm tractors, garbage trucks and log trucks;
10. Any home occupation which requires more than one vehicle
for its operation shall be prohibited. The one vehicle
permitted shall be limited to passenger vehicles,
passenger vans or pick-up trucks.
11. No residence shall be used as a headquarters or dispatch
center where employees or subcontractors report to the'
residence to be dispatched elsewhere.
12. The applicant shall sign an agreement with the City
acknowledging the conditions of Subsection 16.100(6)(c)
as well as additional conditions deemed necessary to
achieve compliance.
13. Customer' access to home occupations shall be limited to
the hours of 7 a.m. to 6 p.m.
(d) The following uses shall be prohibited as a home occupation:
.
1.
2.
Automobile repair, inc1uding but
tune-ups, alignments, body~fender
detailing and upholstering
Health salons, gyms, dance studios, aerobic exercise
studios, karate and judo instruction
Medical and dental offices
Mortician, hearse services
Tow truck services
Veterinary uses (including care, grooming and boarding)
Wholesale distribution taking up more than the
equivalent of 40 percent of the primary residence
Ordinance '5'55 ~
Page 23
not limited to.
work, painting,
3.
4.
5.
6.
7.
.
.
(e) Any home occupation which has been approved by staff shall be
subject to revocation by staff if the home occupation is
found to be in violation of the conditions under which the
home occupation permit was approved. The revocation decision
may be appealed to the Planning Commission in accordance with
the provisions of Article 15 of this Code.
Any home occupation which has been approved by the Planning
Commission shall be subject to revocation by the Planning
Commission if the home occupation is found to be in violation
of the conditions under which the home occupation permit was
approved. The revocation decision may be appealed to the
City Council in accordance with the provisions of Article 15
of this Code.
The revocation shall be sent to the applicant in writing.
The home occupation shall cease within 30 days of the receipt
of the revocation notice.
Section 34: Section 16.100(7) is hereby amended as described below:
(7) Group Care Facilities. Residential facilities with more than 15
people, Foster Homes for over 5 children, Shelter Homes for
battered and abused persons and Halfway Houses.
(a) These facilities shall have a front yard setback of 15 feet
and side and rear yard setbacks of 20 feet. The planted
setbacks for parking lots and driveways may be reduced to 5
feet when the Director determines that adequate buffering has
been provided.
(b) A mInImum of 25 percent of the lot shall be of planted
ma terial.
(c) No parking shall be permitted within the front yard setback.
Required parking shall be screened from public view.
(d) For structures on the Springfield Historic Inventory, any
external modification shall be fully compatible with the
original design.
(e) The maximum density in the Low Density Residential District
shall be 24 bedrooms per developable acre.
Ordinance 6'5 'S (
~ Page 24
.
.
.
Section 35: Section 16~100(9) is hereby amended as described below:
(9) Public/Private Elementary/Middle Schools. Schools shall have a
planted front yard setback of 15 feet and planted side and rear
yard setbacks of 20 feet. These setbacks shall also apply to
playgrounds, ballfields and accessory buildings. The planted
setbacks for parking lots and driveways may be reduced when the
Director determines that adequate buffering has been provided.
Section 36: Section 16.100(12) is hereby amended as described below:
(12) Residential Dwelling Units As Temporary Real Estate Sales Offices
for Subdivisions (e.g., model homes).
Section 37: Section 16.100(14) is hereby added as described below:
(14) Transient Accommodations.
Bed and Breakfast Facilities.
(a) Bed and Breakfast facilities shall be located in the
Washburne Historic District or on collector or arterial
streets. Bed and Breakfast facilities may be located on
local streets outside of the Washburne Historic District upon
Discretionary Use approval from the Approval Authority.
(b) The facility shall be owner-occupied.
(c) The number of guest bedrooms shall be limited to four.
(d)
No guest parking
setback. Required
public view.
shall be permitted within the front yard
guest parking shall be screened from
(e) For structures on the Springfield Historic Inventory, any
external modification shall be fully compatible with the
original design.
(f) A minimum of 25 percent of the lot shall be of planted
ma terial.
Ordinance ~ ~ ~ \
Page 25
4It Section 37a: Section 18.010 is hereby amended as described below:
.
4It
In order to fully implement the policies of the Metro Plan, regulate the use
of land, structures and buildings, and protect the public health, safety and
welfare, the following zoning districts are established in this Article:
(1) NC NEIGHBORHOOD COMMERCIAL DISTRICT. The NC District is intended
to fully implement Metro Plan Text addressing Neighborhood
Commercial facilities and any applicable refinement plan. This
district designates sites to provide day to day commercial needs
of the neighborhood and may include individual convenience stores.
Neighborhood commercial centers typically include a convenience
store or market and several personal service establishments. This
district shall be no more than 5 acres in size.
(2) CC COMMUNITY COMMERCIAL DISTRICT. The CC District is intended to
fully implement the Metro Plan Community Commercial Center
designation and any applicable refinement plan. This district
designates sites t~ provide for a wide range of retail sales,
service and professional office use. This district also includes
all existing strip commercial areas.
(3) HRC MAJOR RETAIL COMMERCIAL DISTRICT. The MRC District is
intended to fully implement the Metro Plan Major Retail Center
designation and any applicable refinement plan. This district may
also be applied to large, vacant tracts of CC Community Commercial
land that are suitable for the siting of new shopping centers, in
which case the minimum development area shall be 20 acres.
(4) GO GENERAL OFFICE DISTRICT. The GO district is intended to
encourage appropriate office development and to implement
neighborhood refinement plans. This district is designed to be a
transition zone, providing a buffer between residential and more
intensive commercial development at the boundaries of a Community
Commercial or Major Retail Commercial designation. A development
area of at least one acre shall be required.
In addition to meeting the standards of this Code, at the time of
Zone Change approval, the Planning Commission may attach specific
conditions to mitigate identified neighborhood impacts including
but not limited to building height, appearance, bulk and setbacks.
~C~\
Ordinance J~
Page 25a
.
.
Section 38: Section 18.020 is hereby amended as described below:
The following uses are permitted in the districts as indicated subject to the
provisions, additional restrictions and exceptions set forth in this Code.
"P" PERMITTED USE,
processed under Type I, II
this Code).
subject to the standards of this Code; may be
or III procedures (Please refer to Article 3 of
liS" SPECIAL USE, subject to special locational and siting standards
to be met prior to being deemed a permitted use; may be processed under Type
I, II or III procedures (Please refer to Article 3 of this Code).
"D" = DISCRETIONARY USE, mayor may not be permitted, based upon the
application of general criteria; may be subject to special locational and
siting standards to be met prior to being deemed a permitted use; processed
under Type III procedures (Please refer to Articles 3 and 10 of this Code).
NOT PERMITTED
SITE PLAN REVIEV SHALL BE REQUIRED unless specifically exempted elsewhere in
this Code.
Ordinance ~ ~< ~
Page 26
.
.
.
CATEGORIES/
USES
(b) Auto and truck dealers, used
(c) Boat sales and accessories
(d) Car washes
(e) Garage, repair
(f) Mobile home and RV sales including campers,
canopies and other accessories
(g) Motorcycle sales and repair
(h) Private parking lots and garages
(i) Rental, automotive and truck
(j) Service stations
(k) Tires, batteries and accessories
(3) Business and professional offices and
personal services (Section 18.110(3):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Accountants, bookkeepers and auditors
Advertising/marketing agencies
Architects, landscape architects and
designers
Art studios, fine
Art restoration
Attorneys
Audio/video production studio
Authors/composers
Banks, credit unions and savings and loans
Barber and beauty shops
Business schools
Ordinance tJ ~ '5 t
Page 27
DISTRICTS
NC CC HRC GO
S
P
P
P
P
p
P
p
p
P
p
S
S
P
S
S
p
P
S
p
P
P
P
P
P
P
P
P
P
P
p
P
S
D
S
P
S
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
p
P
CATEGORIES/ DISTRICTS
. USES NC CC HRC GO
(l) Catering services P P
(m) Clinics and research/processing laboratories - P P P
(n) Collection agencies P P P P
(0) Commodity contract brokers and dealers P P P P
(p) Computer and information services P P P P
(q) Day care facilities S S S S
(r) Dentists P P P P
(s) Detective and protective agencies P P P P
(t) Diaper service P P
(u) Doctors P P P P
(v) Drafting, graphic and copy services P P P P
. (w) Employment agencies and services P P P
(x) Engineers and surveyors P P P P
(y) Financial planning, investment services P P P P
(z) Funeral services P P
(aa) Graphic art services P P P P
(bb) Gymnastics instruction P P P P
(cc) House cleaning services P P P
(dd) Insurance carriers, agents, brokers
and services P P P P
(ee) Interior decorator and designers P P P P
(ff) Laundry, dry cleaners, including self
service, and ironing services P P P
Ordinance 5~5\
. Page 28
.
.
.
CATEGORIES/
USES
(gg)
(hh)
(ii )
(jj)
(kk)
(11)
(mm)
(nn)
(00)
(pp)
(qq)
(rr)
(ss)
( tt)
(uu)
(vv)
(ww)
(xx)
(yy)
(zz)
(aaa)
(bbb)
(ccc)
Loan companies, other than banks
Locksmiths
DISTRICTS
NC CC HRC GO
Lumber brokers P
Mailing services/mail order sales P
Management and planning consultants P
Mobile home as a temporary construction or
general office (36.160(1) and (3) S
Mobile home as a mobile home sales office
(36.160(2))
Motion picture studio/distribution
Non-profit organizations
Opticians
Performing arts instruction
Photocopying
Photography studios
Planners, land use
Printing/publishing
Private investigator
Psychologists and counselors
Real estate sales and management
Scientific and educational research
Security systems services
Self-defense studio
Shoe repair
Stenographers and secretarial services
Ordinance ~ ~ '5 \
Page 29
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
S
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CATEGORIES/ DISTRICTS
. USES NC CC HRC GO
(ddd) Stockbrokers P P P P
(eee) Swimming pool cleaning P P P
(fff) Tailors P P P
(ggg) Tanning salons ) p P P P
(hhh) Title companies P P P P
(iii) Telephone answering services P P P P
(jjj) Travel agencies P P P P
(kkk) TV and radio broadcasting studios P P P
(111) Typing services P P P P
(mmm) Communications towers, including antennas
and relay equipment D D
(nnn) Window cleaning p P
. (4) Eating and drinking establishments (Section
18.110(12)):
(a) Cocktail lounges P P
(b) Delicatessens and sit down restaurants p p P S
(c) Drive up restaurants P P
(d) Taverns D P P
(5) Public utili ty facilities (Section 18.110(4)):
(a) High impact facilities S S S
(b) Low impact facilities P P P P
(6) Recreational facilities (Section 18.110(5)):
(a) Amusement park P p
(b) Arcades p P P
(c) Art studios, performing P P
Ordinance S 55\
. Page 30
CATEGORIES/ DISTRICTS
. USES NC CC HRC GO
(d) Athletic field P P
(e) Auditoriums S P
(f) Batting cages S S
(g) Bingo parlors S S
(h) Bowling alleys P P
(i) Dance halls S S
(j) Exercise studios P P S
(k) Exliibition hall P P
(1) Golf driving range p p
(m) Gyms and athletic clubs P P
(n) Hot tub establishments P P P
(0) Hydrotubes S S
. (p) Miniature auto race track P P
(q) Miniature golf ' P P
(r) Movie theatres, indoor P P
(s) Movie theatres, drive-in D
(t) Non Alcoholic Night Club S S
(u) Off-track betting facility P P
(v) Parks, private and public P P P
(w) Playground P P P
(x) Play/tot lot P P P P
(y) Pool halls P P P
(z) Recreation center P P
(aa) Riding stable P P
(bb) Rodeos Ordinance '5 5 ~ \ P
.
Page 31
CATEGORIES/ DISTRICTS
. USES NC CC HRC GO
(cc) Shooting range S S
(dd) Skating rinks S S
(ee) Stadiums P P
(ff) Swimming pools P P
(gg) Tennis, racquetball and handball courts P P
(hh) Theatre, legitimate p P
(ii) Velodromes P P
(7) Religious, social and public institutions:
(a) Branch educational facilities P P
(b) Charitable services P P
(c) Churches, temples and weekly religious
schools P P P
. (d) Community and senior centers P P
(e) Fraternal and civic organizations P P
(f) Hospitals P P
(g) Labor unions P P
(h) Public offices P P P
(8) Residential uses in areas designated mixed use in
the Metro Plan or Refinement Plans
(Section 18.110(6)) S S S
(9) Retail sales (Section 18.110(7)):
(a) Antiques P P P S
(b) Apparel P P P S
(c) Art galleries and museums p P P S
(d) Art supplies P P P
(e) Auction/flea markets S
. .. Ordinance tS ~ 'S ,
Page 32
.
.
.
CATEGORIESI
USES
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
(n)
(0)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
Bakeries
Bicycles
Books
Cameras and photographic supplies
Candies, nuts and confectioneries
China, glassware and metalware
Cigars and cigarettes
Computers, calculators and other office
machines
Convenience stores
Dairy products
Department stores
Drapery, curtains and upholstery
Dry Goods and general merchandise
Electrical supplies
Equipment rental and leasing
Fabrics and accessories
Farm Equipment
Feed, grain and hay
Film drop off and pick up
Fish
Floor coverings
Florists
Fruits and vegetables
Furniture
Ordinance 5 55 {
Page 33
DISTRICTS
NC CC
p P
P
P
P
P
P
P
p
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
p
p
P
P
P
P
P
P
P
P
P
P
P
P
P
HRC GO
P
P
P
s
P
s
P
s
P
P
P
P
s
P
s
P
P
P
P
P
P
P
P
P
P
s
p
p
CATEGORIES/ DISTRICTS
. USES NC CC HRC GO
(dd) Furriers P P
(ee) Groceries P P P
(ff) Hardware p P P
(gg) Hobby supplies P P P S
(hh) Household appliances P P
(ii) Jewelry P P P S
(jj) Liquidation outlets P P P
(kk) Liquor outlets (State) P P
(11) Luggage and leather P P P S
(mm) Magazines and newspapers P P P P
(nn) Mail order houses P P
(00) Meats P p P
. (pp) Medical and dental supplies P P S
(qq) Musical instruments and supplies P P P S
(rr) Novelties and gifts P P P S
(ss) Office equipment P P P S
(tt) Pain t , glass and wallpaper P P P
(uu) Pharmacies P P P S
(vv) Pottery P P P S
(ww) Radios, televisions and stereos P P P
(xx) Second hand and pawn shops S S
(yy) Sewing machines P P P
(zz) Shoes P P P
(aaa) Small electrical appliances P p P
Ordinance S55\
. Page 34
CATEGORIES/ DISTRICTS
. USES NC CC HRC GO
S
(bbb) Sporting goods P P P
(ccc) Stationary P P P
(ddd) Supermarkets p P P
(eee) Toys P P P S
( fff) Transient merchants S S
(ggg) Weapons dealers P P
(10) Small scale repair and maintenance services
(Section 18.110(8)):
(a) Business machine repair S P
(b) Disinfecting and extermination service P
(c) Electrical appliance repair S P
(d) Furniture repair S P
. (e) Janitorial services P
(e) Small engine repair S P
(f) Watch repair P P P
(11) Transient accommodations (Section 18.110(9)):
(a) Bed and breakfast facili ties S P
(b) Emergency shelter facilities P
(c) Hotels P P
(d) Motels P P
(e) Youth hostels p P
(f) RV Parks S
(12) Transportation facilities (Section 18.110(10)):
(a) Bus terminals S S
Ordinance ~55\
. Page 35
.
Ordinance 5 z;:~ ~ \
Page 36
.
.
.
Section 39: Section 18.030(3) is hereby added as described below:
(3) The Director may waive the requirement that buildable City lots
have frontage on a public street when all of the following apply:
(a)
lot or lots have been approved
Plan, Site Plan, Subdivision
as part of a Development
or Partition application,
The
Area
and
(b) Access has been guaranteed via a private street or driveway
by an irrevocable joint use/access agreement.
Section 40: Section 18.070 is hereby amended as described below:
The Downtown Exception Area shall be exempt from the parking space
requirements of this Article. Except, any voluntarily installed parking shall
conform to the design standards of this Code.
Parking lots shall be used exclusively for the parking of vehicles and shall
not be used for the sales or storage of goods or services except when
authorized by the City Council as a Special Event. The following off-street
parking standards have been established for commercial districts. IN ANY CASE,
NOT LESS THAN 4 OFF-STREET PARKING PLACES SHALL BE REQUIRED.
USE CATEGORIES
NUMBER OF SPACES
(1)
(2)
(3)
(4)
(6)
Accessory structures
and other structures not
occupied by humans
No parking requirements
Agricultural and animal
service
1 for each 300 square sales and
feet of gross floor area.
Automotive, marine and
mobile home storage and
minor repair
1 for each 300 square sales, service
feet of gross floor area.
Business and professional
offices and personal
services
1 for each 300 square feet of gross
floor area.
(5)
Eating and drinking
establishments
1 for each 100 square feet of gross
floor area.
Public utility facilities
not containing employees
unless
associa ted
other
with
None,
uses.
(7)
Recreational facilities 1 for each 100 square feet of floor
area in the primary assembly area and
1 for each 200 square feet of gross
floor area for the remainder of the
building.
Ordinance Ss "5 ~
Page 37
.
.
.
(8)
Religious, social and
public institutions
1 for each 100 square feet of floor
area in the primary assembly area and
1 for each 200 square feet of gross
floor area for the remainder of the
building.
(9) Residential uses in areas 1.5 spaces per dwelling uni t.
designated mixed use in
the Metro Plan or
refinement plans
(10) Retail Sales 1 for each 300 square feet of gross
floor area.
(11) Small scale repair and 1 for each 300 square feet of gross
maintenance floor area.
(12) Transient accommodations 1 for each guest room.
(13) Transportation facilities 1 for each 300 square of gross floor
area not including vehicle storage
areas.
(14) Warehouse commercial
sales
1 for each 600 square feet of gross
floor area.
(15) Shopping centers or malls 1 for each 250 square feet of gross
floor area, exclusive of covered
pedestrian walkways. Once a shopping
center or mall has been approved, no
additional parking shall be required),
unless there is new construction.
Section 41: Section 19.050(1) is hereby amended as described. below:
(1) The minimum lot size in the BKMU District shall be 6,000 square
feet for residential and commercial uses and 10,000 square feet
for industrial uses. No land division shall be permitted prior to
approval of a Conceptual Development Plan for the BKMU District.
The Director may waive the requirement that buildable City lots
have frontage on a public street when all of the following apply:
Ordinance 5~~ I
Page 38
.
.
.
(a) The lot or lots have been approved as part of a Development
Area Plan, Site Plan, Subdivision or Partition; and
(b) Access has been guaranteed via a private street or driveway by
an irrevocable joint use/access agreement.
Section 42: Section 19.060 is hereby amended as described below:
(1) The following uses are permitted subject to Site Plan Review
approval, unless specifically exempted elsewhere in this Article.
It is expected that interim uses of buildings existing prior to the
adoption of this Article will take place until redevelopment of the
entire BKMU District occurs under an approved Conceptual
Development Plan.
(2) The development standards of this Article and any additional
provisions, restrictions or exceptions set forth in this Code shall
apply to all development in the BKMU District. USES SIMILAR TO
THOSE SPECIFICALLY LISTED MAY BE PERMITTED AT THE DISCRETION OF THE
DIRECTOR IN ACCORDANCE VITH SECTION 4.010, INTERPRETATION.
"P" = PERMITTED USE, subject to the standards of this Code; may be
processed under Type I, II or III procedures (Please refer to
Article 3 of this Code).
liS" = SPECIAL USE, subject to special locational and siting
standards to be met prior to being deemed a permitted use; may be
processed under Type I, II or III procedures (Please refer to
Article 3 of this Code).
liD" = DISCRETIONARY USE, mayor may not be permitted, based upon
the application of general criteria; may be subject to special
locational and siting standards to be met prior to being deemed a
permitted use; processed under Type III procedures (Please refer
to Articles 3 and 10 of this Code).
"_" = NOT PERMITTED
CATEGORIES/USES
(1) Residential uses (Section 19.110(1)):
(a) Cluster Development
S
(b) Condominiums
S
(c) Multiple family dwellings
S
Ordinance ~ 5~ ~
Page 39
.
.
.
CATEGORIES/USES
(2) Business and professional offices and personal services
(Section 19.110(2)~
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
(p)
(q)
(r)
(s)
(t)
(u)
Accountants, bookkeepers and auditors
p
Advertising/marketing agencies
P
Architects, landscape architects and designers
P
Art studios, fine and performing
P
Art restoration
P
Attorneys
P
Audio/video production studio
P
Authors/composers
P
Banks, credit unions and savings and loans
P
Barber and beauty shops
P
Business schools
P
Catering services
P
Clinics and research/processing laboratories
P
Collection agencies
P
Commodity contract brokers and dealers
P
Computer and information services
P
Day care facilities
S
Dentists
P
Detective and protective agencies
P
Diaper service
P
Doctors
P
Ordinance 15 5"5 (
Page 40
.
.
.'
CATEGORIES/USES
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii )
(jj)
(kk)
(11)
(mm)
(nn)
(00)
(pp)
(qq)
Drafting, graphics and copy services
P
Employment agencies
P
Engineers and surveyors
P
Financial planning, investment services
P
Funeral services
P
Graphic art services
P
Gymnastics instruction
P
House cleaning services
P
Insurance carriers, agents, brokers and services
P
Interior decorator and designers
p
Laundry, dry cleaners, including self service,
and ironing services
P
Loan companies, other than banks
P
Locksmiths
P
Lumber brokers
P
Mailing services/mail order sales
P
Management and planning consultants
P
Mobile home as a temporary construction or
general office or sales office
P
Motion picture studio/distribution
p
Newspaper office and production
P
Non-profit organizations
P
Opticians
P
Performing arts instruction
P
Ordinance b'5" S- \
Page 41
.
(
.
~
.
CATEGORIES/USES
(rr)
(ss)
( tt)
(uu)
(vv)
(ww)
(xx)
(yy)
(zz)
(aaa)
(bbb)
(ccc)
Photocopying
P
Photography studios
P
Planners, land use
P
Printing/publishing
P
Private investigator
P
Psychologists and counselors
P
Real estate sales and management
P
Scientific and educational research
P
Security systems services
P
Self-defense studio
P
Shoe repair
P
Stenographers and secretarial services
P
p
(ddd) Stockbrokers
P
(eee) Swimming pool cleaning
P
(fff) Tailors
P
(ggg) Tanning salons
P
(hhh) Telephone answering services
P
(iii) Title companies
P
(jjj) Travel agencies
P
(kkk) TV and radio broadcasting studios
P
(Ill) Typing services
P
(mmm) Window cleaning
(3) Eating and drinking establishments:
Ordinance S55\
Page 42
(a) Cocktail lounges P
. (b) Delicatessens P
(d) Sit down restaurants P
(e) Taverns p
(4) Recreational facilities (Section 19.110(3):
(a) Amusement park P
(b) Arcades P
(c) Art studios, performing P
(d) Athletic field P
(e) Audi toriums S
(f) Batting cages S
(g) Bingo parlors P
(h) Bowling alleys P
. (i) Dance halls S
(j) Exercise studios P
(k) Exhibition hall P
(1) Golf driving range P
(m) Gyms and athletic clubs P
(n) Hot tub establishments P
(0) Hydrotubes S
(p) Miniature auto race track P
(q) Miniature golf P
(r) Movie theatres, indoor P
(s) Movie theaters, drive-in S
Ordinance 5'5~1
Page 43
.
.
.
.
CATEGORIES/USES
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
P
Non-alcoholic nightclubs
Off-track betting facility
P
Parks, private and public
P
Play/tot lot
P
Playground
P
Pool halls
P
Recreation center
p
Riding stable
P
Shooting range
S
Skating rinks
S
Stadiums
S
Swimming pools
p
Tennis, racquetball and handball courts
P
Theatre, legitimate
P
Velodromes
S
Water skiing facilities
P
(5) Retail sales, (Section 19.110(4)):
(a)
(b)
(c)
(d)
(e)
Antiques
P
Apparel
p
Art galleries and museums
P
Art supplies
P
Auction/flea markets
P
(f) Automobiles
(g)
Bakeries
P
Ordinance 5~~ \
Page 44
.
.
.
CATEGORIES/USES
(h)
(i)
(j)
(k)
P
Bicycles
Boats
.p
Books
P
Camera and photographic supplies
P
(1) Campers
(m)
(n)
(0)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
P
Candy, nut and confectionery
China, glassware and metalware stores
P
Cigars and cigarettes
P
Computers, calculators and other office machines
P
Convenience stores
P
Dairy products
P
Department stores
P
Drapery, curtains and upholstery
P
Dry Goods, and general merchandise
P
Electrical supplies
P
Equipment rental and leasing
P
Fabrics and accessories
P
Factory outlet stores
P
Farm equipment
P
Feed, grain and hay stores
P
Film drop off and pick up
P
Fish
P
Floor coverings
P
Ordinance S '55 (
Page 45
.
.
.
CATEGORIES/USES
(ee)
(ff)
(gg)
(hh)
(ii)
(jj)
(kk)
(11)
(mm)
(nn)
(00)
(pp)
(qq)
(rr)
(ss)
( tt)
(uu)
(vv)
(ww)
(xx)
(yy)
(zz)
(aaa)
(bbb)
Florists
P
Fruits and vegetables
P
Furniture
p
Furriers
P
Groceries
P
Hardware
P
Hobby supplies
P
Household appliances
P
Jewelry
P
Liquidation outlets
P
Luggage and leather
P
Magazines and newspapers
P
Mail order houses
P
Manufactured (mobile)/modular homes
P
Meats
P
Medical and dental supplies
P
Musical instruments and supplies
P
Novelties and gifts
P
Office equipment
p
Paint; glass and wallpaper
P
Pharmacies
P
Pottery
P
Radios, televisions and stereos
P
RVs, fifth wheelers and trailers
P
Ordinance t) 55 ,
Page 46
.
.
.
CATEGORIES/USES
(ccc)
Sewing machines
P
P
(ddd) Shoes
P
(eee) Small electrical appliances
P
(fff) Sporting goods
P
(ggg) Stationary stores
p
(hhh) Supermarkets
P
(iii) Toys
S
(jjj) Transient merchants
P
(kkk) Weapons dealers
(6) Social and public institutions:
(a)
(b)
(c)
(d)
(e)
(f)
P
Charitable services
Community and senior centers
P
Educational branch facilities
P
Fraternal and civic organizations
P
Labor unions
P
Public offices
P
(7) Transient accommodations:
(a)
(b)
(c)
(d)
(e)
(f)
P
Bed and breakfasts
Emergency shelter facilities
P
Hotels
P
Motels
P
RV parks
P
Youth hostels
P
(8)
Transportation facilities, (Section 19.110(5):
Ordinance S S S \
Page 47
.
.
.
CATEGORIES/USES
(a)
(b)
(c)
(d)
Bus terminals
D
Docks and marinas
D
Heliports
s
Helistops
s
(9) Warehouse commercial retail and wholesale sales,
(Section 19.110(6)):
(a) Cold storage lockers
D
(b) Electrical supplies
P
(c) Floor covering sales
P
(d) Large electrical appliance sales
P
(e) Lumber yards and building materials
D
(f) Merchandise vending machine operators
P
(g) Mini warehouses, other inside storage
~
(h) Outdoor storage areas/yards
s
(i) Plumbing and heating supplies and contractors
s
(j) Unfinished furniture
P
(k) Warehouse/commercial uses engaged primarily
in the wholesaling of materials to the
construction industry
s
(1) Wholesale trade, warehousing, distribution and
storage
P
Ordinance 6'55 {
Page 48
CATEGORIES/USES
~ (10) Manufacture and/or assembly of:
(a) Appliances
P
(c) Apparel and other finished products made from
canvas, cloth, fabrics, feathers, felt,
leather, textiles, wool, yarn and similar
materials
P
(d) Chemical and chemical products
p
(e) Communication equipment, including radio
and television equipment
P
(f) Compounding, or treatment of the following
previously prepared materials: bone, cellophane,
clay, cork, Fiberglas, glass, hair, horns, metal,
paper, plastic, shells, stones, synthetic resins,
textiles, tobacco, wool, and yarns
p
(g) Concrete blocks, cinder blocks and septic tanks
p
(h) Costume jewelry, novelties, buttons and misc.
notions
p
.
(i) Cutlery, hand tools and hardware
P
(j) Dairy products, including butter, cream,
cheese,milk, yogurt
p
(k) Electronic components and accessories
p
(I) Electronic transmission and distribution
equipment
p
(m) Engineering, laboratory, scientific, and
research instruments
p
(0) Finished wood manufacturing and assembly,
including cabinets, door frames and picture frames
p
(p) Food processing and packaging to include
beverages, candy and other confectionery
products, vegetables, meat, poultry, and seafood
p
(r) Furniture, including restoration
P
.
Ordinance 555 (
Page 49
.
.
.
CATEGORIES/USES
(s) Greeting cards, business forms and
other business related printing
P
(t) Industrial machinery P
(u) Lumber, wood and paper products P
(v) Manufactured/modular housing and allied components P
(w) Measuring, analyzing, and controlling instruments P
(x) Medical, dental, and surgical equipment and supplies P
(y) Medicinal chemicals and pharmaceutical products P
(z) Metal and metal alloy products P
(aa) Metal fabrication machine shops
P
(bb) Musical instruments
P
(cc) Paints, varnishes, lacquers, enamels and
and allied products
P
(dd) Prosthetic and orthopedic devices
P
(ee) Office computing and accounting equipment
P
(ff) Optical instruments, including lenses
P
(gg) Perfumes and toiletries
P
(hh) Photographic equipment and supplies
P
(ii) Signs and advertising display
P
(jj) Toys, sporting and athletic goods
P
(kk) Transportation equipment including airplanes,
autos, boats, buses, helicopters, motorcycles,
railroad cars RVs, trailers and trucks
P
(11) Watches, clocks, and related components
P
(11) Other primary industrial uses (Section 19.110(7):
(a) Business, labor, scientific and professional organizations P
r;::; h (
Ordinance :::)'5 J
Page 50
.
.
.
CATEGORIES/USES
(b) Cleaning and dyeing plants
P
(c) Ice and cold storage plants P
(d) Lubricating oils and greases P
(e) Media productions, including TV and radio
broadcasting, motion picture production and
newspaper/book/periodical publishing P
(f) Plating, and coating works P
(g) Regional distribution headquarters P
(h) Research development and testing laboratories
and facili ties P
(i) Recycling facilities P
(j) Warehouse/commercial uses engage primarily in the
wholesaling of materials to the construction industry P
(12) Transportation related, non-manufacturing
(a) Automotive and heavy equipment repair and
service including the recapping and
retreading of tires
P
(b) Maintenance facilities for passenger bus
vehicles or motor freight vehicles
P
(13) Education, (Section 19.110(8)):
(a) College level educational facilities
S
(b) Trade schools
S
(16) Public and private parks, (Section 19.110(9)):
(a) Pocket/Neighborhood Parks
P
(b) Community Parks
P
Ordinance 5 t; c; \
Page 51
.
.
.
CATEGORIES/USES
(17) Public utility facilities, (Section 19.110(10)):
(a) Communications towers, transmitters and relays
D
(b) High impact facilities
S
(c) Low impact facilities
P
(d) Fish hatcheries
P
Section 43: Section 20.010 is hereby amended as described below:
This Article does not include the SLI Special Light Industrial District, which
is to provide opportunities for the diversification of the local economy
through siting of light industrial firms in a campus-like setting.
Developments that do not require characteristics of Special Light Industrial
sites are encouraged to locate in an appropriate industrial zoning district
located below. The development standards and permitted uses of the SLI
District are listed separately in Article 21 of this Code. In order to
fully implement the policies of the Metro Plan, regulate the use of land and
buildings and protect the public health, safety and welfare, the following
zoning districts are established in this Article.
(1) LHI LIGBT-KEDIUM INDUSTRIAL DISTRICT. The LMI District is
intended to fully implement the Metro Plan Light-Medium Industrial
designation and any applicable refinement plans. Light and medium
industries are generally involved in the secondary processing of
materials into components, the assembly of components into
finished products, . transportation, communication and utilities,
wholesaling, and warehousing. The external impact from these uses
is generally less thc;m Heavy Industrial, and transportation needs
are often met by truck. Activities are generally located indoors,
although there may be some outdoor storage. This designation also
can accommodate supporting offices and light industrial uses.
(2)
HI HEAVY INDUSTRIAL DISTRICT. The HI District is intended to
fully implement the Metro Plan Heavy Industrial designation and
any applicable refinement plans. These industries are generally
involved in the processing of large volumes of raw materials into
refined materials and/or that have significant external impacts.
Heavy Industrial transportation needs often include rail and
truck. Examples of such uses are: lumber and wood products;
paper; chemicals and primary metal manufacturing; large-scale
storage of hazardous materials; power plants; and railroad yards.
Less intensive industrial uses that are permitted in the LMI
District are permitted in this district.
Ordinance tf:> ~ I)' \
Page 52
.
.
.
(3) SHI SPECIAL HEAVY INDUSTRIAL DISTRICTS. The SHI District is
intended to fully implement the Metro Plan Special Heavy
Industrial designation and any applicable refinement plans. These
areas are designated to accommodate industrial developments that
need large parcels, particularly those with rail access. Although
a primary purpose of this district is to provide sites for heavy
industries, any industry which meets the following siting criteria
may be permitted:
(a) Since sanitary sewer is not available to the Natron site in
the short-term, industrial firms may be allowed to provide
self-contained sewage disposal facilities subject to City,
Lane County, State and Federal environmental standards.
(b) Annexation to the City shall be required as a condition of
development approval.
(c) Land divisions in this area shall be a mInImum of 40 acres
until annexation to the City has been assured.
(d) While industrial park development will be encouraged,
opportunity for the siting of industries that require large
lots, such as 20 acres or more, will be reserved through the
Conceptual Development Plan and Site Plan Review processes.
Section 44: Section 20.020 is hereby amended as described below:
The following uses are permitted in the districts as indicated
provisions, additional restrictions and exceptions set forth
Uses similar to those specifically listed may be permitted at
of the Director in accordance with Article 4, Interpretation.
subj ec t to the
in this Code.
the discretion
tIP" PERMITTED USE,
processed under Type I, II
this Code).
subject to the standards of this Code; may be
or III procedures (Please refer to Article 3 of
"S" SPECIAL USE, subject to special locational and siting standards to
be met prior to being deemed a permitted use; may be processed under Type I,
II or III procedures (Please refer to Article 3 of this Code).
"D" DISCRETIONARY USE, mayor may not be permitted, based upon the
application of general criteria; may be subject to special locational and
siting standards to be met prior to being deemed a permitted use; processed
under Type III procedures (Please refer to Articles 3 and 10 of this Code).
= NOT PERMITTED
SITE PLAN REVIEV SHALL BE REQUIRED unless specifically exempted elsewhere in
this Code.
Ordinance 5s ~ \
Page 53
.
.
.
USE CATEGORIES/
USES
(1) Manufacture and/or assembly of (20.100(2) and (3)):
(a) Appliances
\
(b) Apparel and other finished products made from
canvas, cloth, fabrics, feathers, felt,
leather, textiles, wool, yarn and similar
materials
(c) Chemical and chemical products,
(d) Communication equipment, including radio
and television equipment
(e) Compounding, or treatment of the
following previously prepared materials: bone,
cellophane, clay, cork, Fiberglas, glass, hair,
horns, metal, paper, plastic, shells, stones,
synthetic resins, textiles, tobacco, wool,
and yarns
(f) Concrete blocks, cinder blocks and septic
tanks
Ordinance ~5~ ~
Page 54
DISTRICTS
LMI HI SHI
p
P
P
P
s
P
s
p
s
P
s
P
s
p
s
.
.
.
USE CATEGORIES/
USES
(g) Costume jewelry, novelties, buttons
and misc. notions
(h) Cutlery, hand tools and hardware
(i) Dairy products, including butter, cream,
cheese,milk, yogurt
(j) Electronic components and accessories
(k) Electronic transmission and distribution
equipment
(1) Engineering, laboratory, scientific, and
research instruments
(m) Explosives, manufacturing and distribution
(n) Finished wood manufacturing and assembly,
including cabinets and door frames
(0) Food processing and packaging to include
beverages, candy and other confectionery
products, vegetables, meat, poultry, and
seafood
(p) Fireworks
(q) Furniture, including restoration
(r) Greeting cards, business forms and
other business related printing
(s) Industrial machinery
(t) Lumber, wood and paper products
(u) Manufactured/modular housing and allied
components
(v) Measuring, analyzing, and controlling
instruments
(w) Medical, dental, and surgical equipment
and supplies
(x) Medicinal chemicals and pharmaceutical
products
Ord i nance SS '5 '5 t
Page 55
DISTRICTS
LHI HI
P P
p
P
P
P
P
P
P
P
P
P
P
P
P
SHI
s
p
s
P
s
P
s
P
s
P
s
D
D
P
s
P
s
D
D
P
s
P
s
P
s
P
s
P
s
P
s
P
s
P
s
.
.
.
USE CATEGORIES/
USES
(y) Metal and metal alloy products
(z) Metal fabrication and machine shops
(aa) Musical instruments
(bb) Paints, varnishes, lacquers, enamels and
and allied products
(cc) Prosthetic and orthopedic devices
(dd) Office computing and accounting equipment
(ee) Optical instruments, including lenses
(ff) Perfumes and toiletries
(gg) Photographic equipment and supplies
(hh) Signs and advertising display
(ii) Toys, sporting and athletic goods
(jj) Transportation equipment including airplanes,
autos, boats, buses, helicopters,
motorcycles, RVs, trailers and trucks
(kk) Watches, clocks, and related components
(2) Other primary industrial uses (20.100(1), (2) and (3)):
(a) Batch plant: asphaltic and Portland cement
concrete
(b) Bulk plant: Refined flammable liquids
delivered by tank car, pipe line, etc.
(c) Cleaning and dyeing plants
(d) Foundry and stamping plants
(e) Gas storage tanks and distribution facilities
Ordinance 55~ l
Page 56
DISTRICTS
LMI HI SHI
p
P
p
P
P
p
P
P
P
P
P
,D
P
S
P
S
P
S
P
S
P
S
P
S
P
S
p
S
P
S
P
S
P
S
P
S
P
S
D
D
,D
D
p
S
D
D
D
.
.
.
USE CATEGORIES/
USES
(f) Ice and cold storage plants
(g) Incineration or reduction of garbage, dead
animals, offal and refuse
(h) Industrial Parks (subdivisions)
(i) Leather tanning and finishing
(j) Lubricating oil and grease processing
and storage
(k) Media productions, including TV and radio
broadcasting, motion picture production and
newspaper/book/periodical publishing
(1) Plating, and coating works
(m) Recycling facilities
(n) Regional distribution headquarters, including
indoor storage
(0) Research development and testing laboratories
and facili ties
(p) Slaughter houses
(q) Warehouse/commercial uses engaged primarily
in the wholesaling of materials to the
construction industry
(r) Wholesale trade, warehousing,
distribution and storage (to include
mini-storage
(3) Transportation related, non-manufacturing
(a) Automotive and heavy equipment repair and
service including the recapping and
retreading of tires
(b) Auto wrecking, storage and towing services
(c) Maintenance facilities for passenger bus
vehicles or motor freight vehicles
Ordinance S 5 S (
Page 57
DISTRICTS
LHI HI SHI
S
P
P
P
S
P
P
P
P S
D
D
P
S
D
D
P
S
P
S
P
S
P
S
P
S
P
S
D
S
S
P
S
P
S
D
P
S
.
.
.
USE CATEGORIES/
USES
(4) Secondary uses serving or related to on site
industrial uses (20.100(4)):
(a) Accessory structures
(b) Administrative professional or business
offices
(c) Blue printing, photostating, and photo
developing
(d) Cafeteria (serving employees only)
(e) Day care facilities (primarily serving
employees)
(f) Developed recreation area (serving the
development area)
(g) Financial institutions
(h) Heliports and helistops
(i) Mobile home used as a permanent office
(Article 36)
(j) Mobile home used as a nightwatchperson's
quarters (Article 36)
(k) Outdoor storage of materials directly
related to a permitted use
(5) Other uses (20.100(5)):
(a) Agricultural cultivation of undeveloped land
(b) Business, labor, scientific and professional
organizations and headquarters
(c) Public utility facilities
1.
High impact facilities
2.
Low impact facilities
Ordinance ~ 5" S- \
Page 58
DISTRICTS
LHI HI SHI
p
P
p
P
P
p
P
P
p
P
S
p
P
S
P
P
s
P
S
P
S
P
S
P
S
P
S
P
S
P
S
P
S
P
S
S
S
P
P
P
S
S
S
P
S
.
,
'-
e,
Section 45: Section 20.030(2)(d) is hereby added as described below:
(d)
The Director may waive
lots have frontage on
following apply:
the requirement that buildable City
a public street when all of the
1.
been
Site
approved
Plan,
as part of a
Subdivision or
The lot or lots have
Development Area Plan,
Partition application; and
2. Access has been guaranteed via a private street or
driveway by an irrevocable joint use/access agreement.
Section 46: Section 20.070 is hereby amended as described below:
The following off-street parking standards have
Industrial Districts:
been established for
USE CATEGORIES
NUMBER OF SPACES
(i) Accessory structures
and other structures
not occupied by humans
No parking requirements
(2) Manufacture and assembly
1 for each 500 square feet industrial
of gross floor area
(manufacture and assembly) 1 for each
1000 square feet of gross floor area
(warehousing).
(3) Other primary industrial
uses, except accessory
structures
1 for each 500 square feet industrial
of gross floor area
(manufacture and assembly) 1 for each
1000 square feet of gross floor area
(warehousing).
(4) Transportation related,
non-manufacturing
1 for each 300 square feet of gross
floor area, where applicable.
(5) Secondary uses serving
Shall be determined by p~rking
standards for similar uses in other
districts.
(6) Other uses
1 for each 300 square feet of gross
floor area, where applicable.
(7)
Exception: Parking spaces may be reduced on a one for one basis
when the number of spaces required is more than the number of
employees working on the busiest shift, provided that a landscaped
area equal to the total number of spaces reduced shall be held in
,reserve for future use.
Ordinance ~5 \
Page 59
.
.
Section 47: Section 21.010 is hereby amended as described below:
(1) SLI SPECIAL LIGHT INDUSTRIAL DISTRICT. In order to fully
implement the policies of the Metro Plan, regulate the use of
land, structures and buildings, and protect the public health,
safety and welfare, the following zoning district is established
in this Article:
Section 48:
The SLI District is intended to fully implement the Metro Plan
Special Light Industrial Designation and any applicable refinement
plans. This district provides opportunities for diversification
of the local economy through siting of light industrial firms in a
campus-like setting. The activities of such firms are enclosed
within attractive exteriors and have minimal environmental
impacts, such as noise, pollution and vibration, on other users
and surrounding areas. Large~scale light industrial uses,
including regional distribution centers and research and
development complexes, are the primary focus of this designation.
Provision is also made for small- and medium-scale industrial uses
within the context of industrial and business parks which will
maintain the campus-like setting with minimal environmental
impacts. Complementary uses such as corporate office headquarters
and supporting commercial establishments serving primary uses may
also be sited on a limited basis. Conceptual development
planning, industrial park standards and site review processes
shall be applied to ensure adequate circulation, compatibility of
uses and availability of large sites for light industrial firms.
A 50 acre minimum lot size shall be applied to protect undeveloped
sites from piecemeal development until a Conceptual Development
Plan has been approved by the City.
Section 21.070(1) is hereby amended as described below:
(1)
The mInImum lot size in
feet, with 75 feet
prohibited.
the SLI District shall
of frontage. Panhandle
be 10,000 square
lots shall be
EXCEPTION: 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 Development
Area plan, Site Plan, Suodivision or Partition; and
(b) Access has been guaranteed via a private street or driveway
by an irrevocable joint use/access agreement.
Ordinance :> I)FS l
~ Page 60
~ Section 49: Section 23.020(2) is hereby amended as described below:
USE CATEGORIES/USES PLO DISTRICT
(a) Libraries D
(b) Public office buildings D
(c) Senior centers D
-(d) Sports Complexes/stadiums D
Section 50: Section 24.040(10) is hereby added as described below:
(10) Night watchman's quarters.
Section 51: Section 27.040(2) is hereby amended as described below:
(2) Specific Standards. In all areas of special flood hazard within
the City and its urbanizable area where base flood elevation data
has been provided as specified in Sections 27.010(1) and (2) or
27.030(1)(a)4., the following provisions are required~
(c) Manufactured Homes.
.
1.
All manufactured homes that are placed or substantially
improved within Zones A1-30, AH and AE
a.
on sites outside of a manufactured home park or
subdivision,
on sites in a new manufactured home park or
subdivision,
b.
c.
on sites in an expansion to an
manufactured home park or subdivision,
existing
d. on sites within an existing manufactured home park
or subdivision and upon which manufactured homes
have incurred substantial damage as the result of
flood,
shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated to
a height of one foot above the base flood elevation.
2.
All manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park
or subdivision within Zones A1-30, AH or AE that are not
subject to the provisions of Subsection 1. above shall
be elevated so that
Ordinance 555'
Page 61
.
.
.
.
Section 52:
a.
the lowest floor of the manufactured home is at or
above the base flood elevation, or
b. the manufactured home chassis
reinforced piers or other foundation
least equivalent strength that are
inches in height above grade.
is supported by
elements of at
no less than 36
3. Recreational vehicles placed on site within Zones A1-30,
AH or AE shall
a. be on the site for fewer than 180 consecutive days
and be fully licensed and ready for highway use, or
b. satisfy the review procedure of Section 27.030 of
this Article.
(d) Foundations. Foundations for all new construction,
substantial improvements and manufactured homes subject to 18
inches or less of flood water during a 100 year flood shall
be as specified in the Springfield Building Safety Codes.
Foundations for all new construction, substantial
improvements and manufactured homes not in a Mobile Home Park
or Subdivision subject to 18 inches or more of flood water
during a 100 year flood or located within a designated
floodway shall be certified by an engineer to meet the
following foundation requirements:
1. Concrete footings sized for 1000 psf soil pressure
unless data to substantiate the use of higher values are
submi tted.
2. Footings shall extend not less than 18 inches below the
undisturbed natural grade or engineered fill and in no
case less than the frost line depth.
3.
Reinforced concrete, reinforced masonry, or
suitably designed supporting systems to resist
vertical and lateral loads which may reasonably
independently or combined.
other
all
occur
Section 29.040(5) is hereby amended as described below:
(4)
Under Type III procedure, a City appointed Hearings Official shall
take the place of the Springfield Planning Commission. The
Hearings Official's decision shall be final.
Ordinance CS 5 S ,
Page 62
Section 53: The Chapter III Title Page and the Article 31 Title Page have
. been amended as described below:
CHAPTER III DEVELOPMENT STANDARDS
ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS
ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS
ARTICLE 33 LOT LINE ADJUSTMENT STANDARDS
ARTICLE 34 PARTITION STANDARDS
ARTICLE 35 SUBDIVISION STANDARDS
ARTICLE 36 MOBILE HOME STANDARDS
ARTICLE 37 SIGN STANDARDS
ARTICLE 38 TREE FELLING STANDARDS
ARTICLE 39 THE SOLAR ACCESS GUARANTEE
ARTICLE 40 RESERVED FOR FUTURE USE
. ARTICLE 31
MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS
31.010 MINIMUM DEVELOPMENT STANDARDS
31.020 SITE PLAN REVIEW - DESCRIPTION AND APPLICABILITY
31.030 SITE PLAN REVIEW - REVIEW PROCESS
31.040 RESERVED FOR FUTURE USE
31.050 SITE PLAN REVIEW - INFORMATION REQUIREMENTS
31.060 SITE PLAN REVIEW - CRITERIA
31.070 SITE PLAN REVIEW - CONDITIONS OF APPROVAL
31.080 SITE PLAN REVIEW - FINAL SITE PLAN
31.090 SITE PLAN REVIEW - DEVELOPMENT AGREEMENT
31.100 SITE PLAN'REVIEW - MODIFICATIONS
Ordinance 55 S \
Page 63
.
31.110 SITE PLAN REVIEW - SECURITY AND ASSURANCES
. 31.120 SITE PLAN REVIEW - MAINTAINING THE USE
31.130 SITE PLAN REVIEW - LANDSCAPING STANDARDS
31.140 SITE PLAN REVIEW - PLANTING STANDARDS
31.150 SITE PLAN REVIEW - PLANTING INSTALLATION STANDARDS
31.160 SITE PLAN REVIEW - SCREENING AND LIGHTING STANDARDS
31.170 SITE PLAN REVIEW - PARKING STANDARDS
31.180 SITE PLAN REVIEW - PARKING LOT DESIGN STANDARDS
31.190 SITE PLAN REVIEW - PARKING AREA IMPROVEMENT STANDARDS
31.200 SITE PLAN REVIEW - OFF-STREET LOADING STANDARDS
Section 54: Section 31.010 has been amended as described below:
31.010 MINIMUM DEVELOPMENT STANDARDS
.
Minimum Development Standards (MDS) are tied to City Council Target Issues
relating to beautifying the City, improving City streets and the transportation
system, and supporting economic development. MDS are intended to make it
easier for businesses to move in or to expand existing structures. MDS shall
be applied in lieu of full development standards to ensure minimal compliance
with appearance and safety standards specified in this Code and to reduce
processing time for Development Approval. MDS shall be applied during the
Building Permit review process, or when there is a change of use, including an
internal alteration of a building, which does not require a Building Permit.
(1) The following standards shall be met within 90 days of approval by
the Director of the required Plot Plan.
(a) The development shall connect to public utilities and comply
with the Springfield Building Safety Codes.
(b)
Parking and circulation areas shall be
(refer also to Subsection (2)(a) and (3)(b)
Access points (i.e., curb cuts) determined
be blocked in the manner prescribed by
Director.
graveled or paved
below) .
to be unsafe shall
the Public Works
(c)
Trash receptacles and outdoor storage areas shall be screened
by a structure or enclosure permanently affixed to the ground.
Ordinance 555' \
Page 64
.
.
(d) Required Plot Plans, easements, dedication of rights of way,
and improvement agreements shall be signed by the property
owner those documents requiring recordation shall be recorded
at the applicant's expense.
(2) The following improvements shall be completed in accordance with
Article 32 (Public and Private Improvement Specifications) within
two years of the date of Plot Plan approval, provided that security
is provided in accordance with Subsection 31.040(2)(d):
(a) Parking and circulation areas shall be paved and striped,
wheel stops installed and non-conforming curb cuts closed. Closed
curb cuts shall be replaced with curb, gutter and sidewalk.
(b) Concrete sidewalks shall be installed where the site abuts a
curb and gutter.
.
(c) A five foot-wide landscaped planter strip with approved
irrigation or approved drought resistant plants shall be installed
between the required sidewalk and parking areas or structures.
Where there is an unimproved street a four foot wide landscaped
planter strip shall be required to be set back one foot from the
property line. Where there is no room for a landscaped strip due
to existing structures, paved parking, changes of elevation or
location of utilities including catch basins, decorative fencing
(e.g., wrought iron or masonry) subject to the height and vision
clearance setbacks of Section 18.100 of this Code located directly
behind the property line may be approved in lieu of the landscape
strip or landscaping equivalent to the ,amount required may be
placed at the property corners or other areas which are visible
from the street as agreed to by the City and applicant.
(d) Street trees (unless the applicant can demonstrate that the
required trees will interfere with existing underground utilities)
and street lights shall be installed. Where there are overhead
utilities, required trees can be selected from the approved tree
list as specified in Section 32.050 of this Code.
(3) Exceptions.
(a)
Where well maintained asphalt paving exists, the installation
of sidewalks shall occur within five years from the date of Plot
Plan approval.
Ordinance 55"5 l
Page 65
.
.
(b) Where the costs of improvements specified in Subsection (2)
above will exceed $10,000.00 (as demonstrated by the applicant to
the satisfaction of the Director), the installation of such
improvements shall occur within three years from the date of Plot
Plan approval.
(4) All required improvements, including timetables, and improvement
agreements shall be specified in the Plot Plan required to be submitted
as part of the Building Permit approval process. Where there is a
change of use which does not require a Building Permit, a separate Plot
Plan will be required. This Plot Plan will become a permanent record.
To assure that improvements are installed when specified in the
Plot Plan, security approved by the Director in the form of bonds,
letters of credit or similar financial mechanisms may be required.
Section 55: Section 31.020 is hereby amended as described below:
31.020 SITE PLAN REVIEV - DESCRIPTION AND APPLICABILITY
The purpose of Site Plan Review is to ensure that the development specified
below complies with all of the applicable standards of this Code. Site Plan
Review mitigates potential land use conflicts resulting from proposed
development through specific conditions attached by the Approval Authority.
Site Plan Review is further intended to improve the appearance and safety of
development within the City and its urbanizable area.
. Site Plan Review shall apply to:
(1) All new construction involving multi-family residential,
commercial, public and semi-public and industrial uses including
parking lots and storage areas.
(2) An expansion or addition, exceeding either 50 percent of the
existing structure or more than 10,000 square feet involving
multi-family residential, commercial, public and semi-public and
industrial buildings and/or structures (not including accessory
structures), and including parking lots and storage areas). Those
additions or expansions less than the standards specified above
which are less than 50 feet from residentially zoned or designated
land shall also require Site Plan Review.
(3) All Discretionary Uses, where applicable.
(4) Development within the area of adopted Development Area Plans and
Conceptual Development Plans.
(5) Any uses listed in Articles 16 through 30 which specifically
require Site Plan Review.
Ordinance S ~ ~ \
Page 66
.
Section 56: Section 31.030 is hereby amended as described below:
.
31.030 SITE PLAN REVIEV - REVIEV PROCESS
(1) The Pre-Application Conference. Although optional, prospective
applicants are generally encouraged to participate in a
Pre-Application Conference in order to determine requirements for
the submittal of the actual Site Plan application and to avoid
unanticipated costs and delay in the review process. The
Pre-Application Conference allows the prospective applicant to
meet with City staff to make the developer aware of the
substantive and procedural requirements of this Code and
applicable Refinement Plans and to otherwise identify policies and
regulations that create opportunities or pose significant
constraints for the proposed development.
(2) Review. Unless specified elsewhere in this Code, Site Plans shall
be reviewed under Type II procedure.
Section 57: Section 31.040 is hereby amended as described below:
31.040 RESERVED FOR FUTURE USE.
Section 58: Section 31.050 is hereby amended as described below:
. 31.050 SITE PLAN REVIEV - INFORMATION REQUIREMENTS.
A Site Plan shall contain all the' elements necessary to demonstrate that
requirements of this Code are being fulfilled and shall include but not be limited
to the following:
(1) A Site Plan shall be drawn in ink on quality paper no smaller than 8
1/2" x 14" and shall contain the following information:
(a) The scale (appropriate to the area involved and sufficient to show
detail of the plan and related data, such as 1" = 30', 1" = 50' or
1" = 100'), north arrow, and date of preparation.
(b) The street address and assessor's map and tax lot number.
(c) The dimensions (in feet) and size (either square feet or
acres) of the development area.
(d) Proposed and existing buildings: location, dimensions, size
(gross floor area), conceptual floor plan, setbacks from
property lines, distance between buildings, and height.
(e) The location and height of proposed or existing fences, walls,
outdoor equipment and storage, trash receptacles, and signs.
.
(f) If the proposal is a phased development, the location and
timing of each proposed phase.
K<S'(
Ordinance V V
Page 67
(g) Proposed number of employees and future expansion plans.
.
(h) Existing contour lines at one foot intervals or greater, as
determined by the Director, and percent of slope.
(i) Location of all existing natural features including but not
limited to: trees 8 inches in diameter or greater (when
measured 4 1/2 feet above the ground), significant clusters
of trees and shrubs, natural drainageways or creeks and rock
outcroppings. Proposed modifications to natural features
shall be clearly indicated, as well as any major site
modifications that have occurred within one year prior to the
date of application.
(j) Area and percentage of the site proposed for buildings,
structures, driveways, sidewalks, patios and other impervious
surfaces.
(k) Observance of solar access requirements as specified in the
appropriate zoning district.
(1) Exterior elevations and gross floor area of all buildings and
structures proposed for the development site.
(m)
Area and dimensions of all property to be conveyed,
or reserved for common open spaces, recreational
other similar public and semi-public uses.
dedicated
areas and
.
(n)
A Parking Plan demonstrating compliance with the standards of
this Code.
1. Location, dimensions and number of typical, compact and
disabled parking spaces; including aisles, landscaped
areas, wheel bumpers, directional signs and striping.
2. On-site vehicular and pedestrian circulation.
3. Access to streets, alleys and properties to be served,
including the location and dimensions of existing and
proposed curb cuts.
Ordinance ~ '5"5 l
Page 68
.
4. Grading, drainage, surfacing and subgrading details.
.
5.
Exterior lighting: including the type, height and area
of illumination.
6. Location and number of bicycle racks.
7. Amount of gross floor area applicable to the parking
requirement for the proposed use.
8. Location of off-street loading areas.
(0) A Landscape Plan, drawn by a landscape architect or other
professional approved by the Director, demonstrating compliance
with the standards of this Code.
1. Screening in accordance with Section 31.160 of this
Article.
2. Use of plantings in erosion control, if any.
3.
Permanent
exempted
Article.
irrigation system, unless
in accordance with Section 31.140
specifically
(4) of this
4. Street trees in accordance with Section 32.050 of this Code.
.
5.
A specifications list for all materials to be used shall
accompany the Planting Plan. Plant sizes shall be
listed at the time of installation, and shown on the
Planting Plan at mature size.
6. Description of planting methods in accordance with
Section 31.150 of this Article.
(p) An Improvements Plan demonstrating compliance with the
standards of Article 32 of this Code.
1.
Name and location of all existing and
and private streets within or on the
proposed development site including the
paving dimensions, and the ownership
status, if applicable.
proposed public
boundary of the
right of way and
and maintenance
Ordinance SS- 5' \
Page 69
.
.
.
2.
Location of existing and required traffic control
devices, fire hydrants, street lights, power poles,
transformers, neighborhood mailbox units and similar
public facilities.
3.
Location, width and construction
existing and proposed sidewalks,
pedestrian access ways and trails.
ma terial
sidewalk
of all
ramps,
4. Location and size of existing and proposed utilities and
necessary easements and dedications on and adjacent to
the site including sanitary sewer mains, storm sewer
drains and ditches, water mains, power, gas, telephone,
and cable TV. Indicate the proposed connection points.
5.
On-site drainage collection
showing roof drainage, the
lines and catch basins, and
retained.
system and flow patterns,
size and location of drain
natural drainageways to be
6. Existing and proposed transit facilities.
Section 59: Section 31.060 is hereby amended as described below:
31.060 SITE PLAN REVIEV - CRITERIA
The Director shall approve or approve with conditions: a Type II Site Plan
application upon determining that criteria (1) through (4) of this Section
have been satisfied. If conditions cannot reasonably be attached to satisfy
the criteria, the Director shall deny the application.
(1) Compliance with the submittal requirements of Sections 3.050 and
31.050 of this Code.
(2) Proposed on-site and off-site public and private improvements are
sufficient to accommodate the proposed development as specified in
Articles 31, 32, the appropriate zoning and/or zoning overlay
district Article and any applicable refinement plan.
(3) Inventoried natural (including regulated wetlands) and historic
features of the site have been adequately considered in the
project design.
(4) Parking areas and ingress-egress points have been designed so as
to facilitate traffic and pedestrian safety, to avoid congestion
and to minimize curb cuts on arterial and collector streets as
specified in Articles 31, 32, the appropriate zoning and/or
zoning overlay district Article and any applicable refinement
plan.
Ordinance S-55 \
~ Page 70
.
.
.
Section 60: Section 31.080 is proposed to be amended as described below:
31.080 SITE PLAN REVIEV - FINAL SITE PLAN
Within 90 days of the affirmative decision by the Approval Authority, a Final
Site Plan shall be prepared and filed with the Director. This plan shall
include all required modifications and applicable conditions. The Final Site
Plan shall become null and void if construction has not begun within two years
of Final Site Plan approval, i.e., the signing of a Development Agreement. A
single one year extension may be granted by the Director upon receipt of a
written request by the applicant including an explanation of the delay. Work
under progress shall not be subject to Development Approval expiration.
Section 61: Section 31.110(1) and (2) are hereby amended as described below:
31.110 SITE PLAN REVIEV - SECURITY AND ASSURANCES
(1) All required improvements shall be installed prior to the issuance
of a Certificate of Occupancy or Final Building Inspection for the
development, except as specified in Section 31.010 of this Code or
improvements may be deferred for good cause by the Director if
security in accordance with Subsection (3) of this Section is
approved to the satisfaction of the City Attorney.
(2) A Temporary Certificate of Occupancy may be issued prior to
complete installation and approval of improvements if security is
filed with the City.
Section 62: Section 31.130(1) and (3) are hereby amended as described below:
31.130 SITE PLAN REVIEV - LANDSCAPING STANDARDS
(1)
The purpose of these Sections is to ensure that new development
complies with the landscaping standards of Articles 31, 32, the
,appropriate zoning and/or zoning overlay district Article and any
applicable refinement plan; is adequately screened from less
intensive development; considers the effects of vegetation on
public facilities; retains significant clusters of natural trees
and shrubs wherever possible; minimizes run-off; facilitates
energy conservation and crime prevention; and improves the
appearance of the City to create a desirable place to live and
work.
(3)
Materials and installation costs of planting and irrigation other
than what is required by the Minimum Development Standards
(Section 31.010 of this Article) shall not be required to exceed
10 percent of the value of the new development, including parking
facilities. The Director shall determine the location, quantity
and quality of required landscaping in accordance with this Code.
Ordinance 555 \
Page 71
Section 63: Section 31.140(2) is hereby amended as described below:
.
31.140 SITE PLAN REVIEV - PLANTING STANDARDS
(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 mlnlmum planting acceptable per 1000
square feet of required planting area shall be as follows:
31.160 SITE PLAN REVIEV - SCREENING AND LIGHTING STANDARDS
Section 64: Section 31.160(1) is hereby amended as described below:
(1) Unless otherwise specified in this Code, screening shall be
required:
(a) Where commercial and industrial districts abut residential
districts and no approved screening exists.
(b) For outdoor mechanical devices and minor and major public
facili ties.
. (c) For outdoor storage yards and areas.
(d) For trash receptacles.
31.170 SITE PLAN REVIEV - PARKING STANDARDS
Section 65: Section 31.170(4) is hereby amended as described below:
(4) Except as specified in Subsection (5) of this Section, the total
requirements for off-street parking space shall be the sum of the
requirements for all uses. If the total number of required
parking spaces results in a fraction, the fraction shall be
rounded up to the next whole number. Off-street parking
facilities for one use shall not be considered as providing
parking facilities for any other use, except as specified in
Subsection (6) of this Section.
31.180 SITE PLAN REVIEV - PARKING STANDARDS
Section 66: Section 31.180 is hereby amended as described below:
.
The following diagrams illustrate appropriate parking lot design in the City.
More detailed diagrams showing parking lot dimensions maintained by the Public
Works Director will be provided upon request.
Ordinance 5~ '5 (
Page 72
.
900 EXAMPLE: compact space (c)
standard space
handicapped space
8' x 16'
9' x 18'
9' x 18' with a 6' aisle*
* two adjacent spaces may share an aisle; the aisle
shall be part of the accessible route to the building
or facili ty
450 EXAMPLE: compact space (c)
standard space
handicapped space
8' x 16'
9' x 18'
9' x 18' with a 6' aisle*
* two adjacent spaces may share an aisle; the aisle
shall be part of the accessible route to the building
or facility
31.190 SITE PLAN REVIEV - PARKING AREA IMPROVEKENT STANDARDS
Section 67: Section 31.190(8)(a), (b) and (c) are hereby amended as described
below:
(8) Parking Spaces for disabled persons.
.
(a) Parking spaces for disabled people and accessible passenger
loading zones that serve a particular building shall be
located on the shortest possible accessible circulation route
to an accessible entrance of the building.
(b) Number.
1. One disabled person parking space if 6 to 25 parking
spaces are provided;
2. Two disabled person parking spaces if 26 to 50 parking
spaces are provided;
3.
One additional disabled person parking space for
additional 100 spaces or fraction thereof that
provided.
each
are
(c) Parking spaces for disabled people shall be at least 9 feet
wide and shall have an abutting access aisle at least 6 feet
wide. Parking access aisles shall be part of the accessible
route to the building or facility entrance. Two accessible
parking spaces may share a common access aisle. Parked
vehicle overhangs shall not reduce the clear width of an
accessible circulation route.
Ordinance :) <5 5 ,
. Page 73
.
.
.
Section 68: Table 32-1 is hereby amended as described below:
TABLE 32-1 (See Diagram 32-A)
STREET RIGHT OF VAY AND CURB TO CURB VIDTH SPECIFICATIONS
TYPE OF STREET
MINIMUM RIGHT OF YAY MINIMUM CURB TO CURB
Major Arterial
Minor Arterial
Collector
Local: <15% slope *
>15% slope *
<1200' length & <1000
vehicle trips per day
Cul-de-sac bulb
100'
60'
55'
50'
40'
76'
36'
36'
36'
28'**
40'
83'
28'
70'
* i.e., the average slope of the development area.
** 20' streets are allowed with approved parking bays of 8'x 24' per
vehicle.
Section 69: Section 32.020(4) and (7) are hereby amended as described below:
(4) Functional Classification of Streets.
(b) MINOR ARTERIALS.
10. Olympic Street - Mohawk to 42nd
(c) COLLECTOR STREETS.
29. 31st Street - Marcola Road to Hayden Bridge Road
30. 35th Street - Olympic to Industrial
31. 36th Street - Main Street to Commercial
32. 48th Street - Main to "G" Street
33. 52nd Street - "G" St. to Eugene-Springfield Hwy.
34. 58th Street - Main Street to Thurston Road
35. 66th Street - Main Street to Thurston Road
36. 67th Street - Main Street to Ivy Street
37. 69th Street - Main Street to Thurston Road
38. S. 70th Street - Main Street to Ivy Street
(7) Centerline radii of mid-block curves generally shall not be less
than 500 feet on major arterials, 250 feet on minor arterials or
100 feet on other streets. Exceptions may be granted when
approved in accordance with Article 26, Hillside Development
Standards.
Section 70: Section 32.020(10) is hereby amended as described below:
Ordinance 555 \
Page 74
(10) Additional Right of Way and Street Improvements.
.
(a) Whenever an existing street of inadequate width is abutting
or within a development area requiring Development Approval,
additional right of way shall be required. Whenever street
dedication results in right of way that does not connect with
the City street system, a deed restriction shall be recorded
with the Lane County Recording Officer. This deed
restriction shall state that the property shall not be built
upon until a fully improved street serving the property, and
connecting with the City street system, is constructed.
(b) Whenever a proposed land division or development will
increase traffic on the City street system and that
development has any unimproved street frontage abutting a
fully improved street, that street frontage shall be fully
improved to City specifications in the following instances:
1. When a fully improved street abuts the property line of
the subject property, the unimproved street fronting
that property shall be improved.
2. When there is a fully improved partial street opposite
the frontage of the subject property, the unimproved
street fronting that property shall be improved.
.
3.
In the case of multi-family residential, commercial or
industrial development at the intersection of a fully
improved street and an unimproved street, if access is
taken from the unimproved street, the unimproved street
fronting that property shall be improved.
4. Exceptions.
a. In all other cases of unimproved streets, an
Improvement Agreement shall be required as a
condition of Development Approval postponing
improvements until such time that a City street
improvement project is initiated.
b. Siting accessory structures, and other structures
not occupied by humans and changes of use which do
not increase parking requirements shall not be
considered development which increases traffic on
the City street system; full street improvement or
an Improvement Agreement shall not be required in
these cases.
Ordinance 555' \
Page 75
.
Section 71: Section 32.030 is hereby amended as described below:
4It Private streets are permitted within Mobile Home Parks and singularly owned
developments of sufficient size to permit interior circulation. Construction
specifications for private streets shall be the same as for public streets,
unless otherwise approved through the Site Plan Review, Partition or
Subdivision processes. The Approval Authority shall require a Homeowner's
Agreement or other legal assurances acceptable to the City Attorney for the
continued maintenance of private streets.
Section 72: Section 32.040(3) is hereby amended as described below:
(3) Sidewalk Widths - Major Arterials.
(a) 13' wide with flares along Main Street in the Downtown
Exception Area or as specified in the Downtown Planning Area.
(b) 10' along South A Street in the Downtown Exception Area or as
specified in the Downtown Planning Area.
(c) 7' wide along Main Street east of 10th Street.
(d) Sidewalks are not required on the Eugene-Springfield Highway
(Oregon 126) or any other major arterial classified as a
freeway since pedestrian traffic is to be discouraged.
4It
Section 73: Section 32.050(1), (10), (11), (12) and (13) are hereby amended
as described below:
(1) Refer to Subsections (10), (11), (12) and (13) of this Section to
determine which species are permitted or prohibited as street
trees.
(10) RECOHHENDED SPECIES FOR STREET TREES
SPECIES NAME
COMMON NAME
Acer platanoides
Acer platanoides "Crimson King"
Acer platanoides "Faassen's Black"
Acer platanoides "Schwedler"
Acer rubrum "Armstrong"
Acer rub rum "Columnare"
Acer rub rum "Scanlon Red"
Celtis occidentalis
Cladrastis lutea
Elaeagnus angustifolia
Fraxinus angustifolia "Doctor Prione"
Fraxinus oxycarpa "Flame"
Ginko biloba (males only)
Lauris nobilis
Norway Maple
Crimson King maple
Faassen's Black maple
Schwedler Norway maple
Armstrong red maple
Columnar red maple
Scanlon red maple
Common hackberry
Yellowwood
Russian olive
Doctor Prione ash
Flame ash
Ginko
Sweet bay
4It
Ordinance 555 \
Page 76
SPECIES NAME
.
Ligustrum japonicum (or texanum)
Liquidambar styraciflua
Liriodendron tulipifera
Maackia amurensis
Oxydendrum arboreum
Pistacia chinensis
Quercus coccinea
Quercus ilex
Quercus robur
Quercus rubra
Sophora japonica
Tilia cordata
(11) ACCEPTABLE SPECIES FOR STREET TREES
SPECIES NAME
.
Acer platanoides "Almira"
Acer platanoides "Columnare"
Acer platanoides "Summer Shade"
Acer rub rum "Derie"
Acer saccharum columnare
Acer saccharum monumentale
Carpinus betulus
Carpinus betulus "Fastigiata"
Carpinus betulus purpurea
Carpinus caroliniana
Celtis sinensis
Cercidiphyllum japonicum
Davidia involucrata
Fagus sylvatica cuprea
Fagus sylvatica "Heterophylla"
Fagus sylvatica "Atropunicea" or
Fagus sylvatica "Purpurea"
Fraxinus holotricha "Moraine"
Fraxinus pennsylvanica "Marshall"
Halesia monticola
Liquidamber orientali
Magnolia grandiflora
Magnolia kobus
Magnolia loebneri "Merrill"
Magnolia virginiana
Phellodedron amurense
Pterocarya caucasica
Quercus phellos
Quercus suber
Sassifras albidum
Stewartia psedocamellia
Syringa amurensis japonica or
Syringa reticulata
Tilia cordata "Rancho"
Tilia cordata "Salem"
Zelkova serrata
.
Ordinance S 5''S \
Page 77
COHHON NAME
Wax leaf privet
American sweetgum
Tulip tree
Amur maackia
Sourwood
Chinese pistache
Scarlet oak
Holly oak
English oak
Red oak
Japanese pagoda tree
Little-leaf linden
COHHON NAME
Almira Norway maple
Columnar Norway maple
Summer shade Norway maple
Derie red maple
Newton sentry sugar maple
Temple's upright sugar maple
European hornbeam
Pyramaidal European hornbeam
Purple European hornbeam
American hornbeam
Chinese hackberry
Katsura tree
Dove tree
European beech
European beech
Purple beech
Moraine ash
Marshall's seedless ash
Mountain silverbell
Oriental sweet gum
Southern magnolia
Kobus magnolia
Dr. Merrill magnolia
Sweet bay
Amur cork tree
Caucasian wingnut
Willow oak
Cork oak
Sassafras
Japanese stewartia
Japanese lilac tree
Rancho linden
Salem linden
Japanese zelkova
.
.
(12) SELECTED TREES FOR UNDER POYER LINES
SPECIES NAME
COHHON NAME
Acer davidii
Acer ginnala
Acer griseum
Acer platanoides 'Globosum'
Cercis canadensis
Cornus florida
Cornus kousa
Koelreutaiia paniculata
Prunus cerasifera
Prunus serula
Pyrus calleryana
Styrax japonicus
David's maple
Amur maple*
Paper bark maple
Globe Norway maple
Eastern redbud
Flowering dogwood
Korean dogwood*
Goldenrain tree
Thundercloud plum**
Birch bark cherry
Chanticlear pear
Japanese snowball***
* Train to single trunk
** Specify hardy plum rootstock
*** Slow growing
(13) PROHIBITED SPECIES FOR STREET TREES
SPECIES NAME
COHHON NAME
Acer negundo
Acer macrophyllum
Acer saccharinum
Ailanthus altissima
Albizza julibrissin
Alnus rubra
any species
any species
any species
Betula alba
Betula papyrifera
Betula spp.
Catalpa spp.
Crataegus spp.
Ginko bilboa (females only)
Ilex spp.
Laburnum watereri
Platanus acerifolia
Platanus spp.
Populus spp.
Robinia spp.
Salix spp.
Sorbus aucuparia
Sorbus aucuparia "Wilson"
Sorbus spp.
Ulmus spp.
Box elder
Big leaf maple
Silver maple
Tree of heaven
Silk tree
Red alder
coniferous trees,
fruit trees*
nut trees
European white birch
Paper birch
Birches
Catalpa
Hawthorne
Ginko
Holly
Goldenchain tree
London plane tree
Sycamore
Cottonwood/Poplar
Locust
Willow
Mountain ash
Wilson columnar ash
Ash
Elm
* Other than ornamental flowering fruit trees
. Ordinance '5 '5S ,
Page 78
Section 74: Table 32-2 is hereby amended as described below:
. TABLE 32-2
See Diagram 32-C
DRIVEVAY DESIGN SPECIFICATIONS
DRIVEVAY
VIDTH 1-VAY
DRIVEVAY
VIDTH 2-VAY
MIN. MAX.
TRANSITION
VIDTH
MIN. MAX.
DRIVEVAY
THROAT DEPTH
MINIMUM
LAND
USE
Single Family
and Duplexes*** n/a
12'
24'*
3'
3'
n/a
Mul ti-family
Residential 16'
24'
35'*
5'
8'
18'**
Commercial/
Public Land
16'
24'
35'*
8'
18'**
.
Industrial
16'
24'
35'*
8'
18;**
* Driveway widths and throat depths may be varied if no other reasonable
alternative exists to accommodate on-site development needs and traffic safety
is not impaired.
** Measured from the curb line to the first stall.
***Single driveways serving single family and duplex dwellings shall be paved
for the first 18 feet when abutting a curb and gutter street; these driveways
may be graveled for the remainder of their length. Driveways abutting
unimproved streets shall be graveled.
Ordinance S5S'
Page 79
.
Section 75: The Article 33 Title Page is hereby amended as described below:
. ARTICLE 33
LOT LINE ADJUSTMENT STANDARDS
33.010 REVIEW
33.020 PLAN DRAFTING REQUIREMENTS
33.030 CRITERIA FOR APPROVAL
33.040 PRELIMINARY APPROVAL
33.050 FINAL MAP APPROVAL
33.060 CONDITIONS OF APPROVAL.
Section 76: Section 33.020(1) is hereby amended as described below:
The format of the Preliminary Plan and the data to be shown shall be as
follows:
(1) The Map.
(a)
The plan shall be drawn on quality paper 8-1/2" x
size.
14" in
.
(b)
The scale of the Preliminary Plan shall be appropriate to the
area involved and the amount of detail and data, normally 1"
20', 1" = 50' or 1" = 100'.
(c) A north arrow and date the Preliminary Plan was prepared.
(d) The name and address of the owner, applicant if different,
and the surveyor.
(e) A drawing of the boundaries of the lots involved to include
dimensions and square footage calculations.
(f) The location and outline to scale of all existing structures
to include their required setbacks from the proposed new
property lines.
(g) The locations, widths and names of all existing easements and
streets, alleys, or other rights of way within or adjacent to
the lots involved in the proposed lot line adjustment.
Ordinance ~~ ~ \
Page 80
.
.
(h) For lots within an existing subdivision, the following
language shall be used:
"PRELIMINARY PLAN"
"This Lot Line Adjustment modifies lots --- and --- of ---
Plat/Subdivision as platted and recorded in File --, Slide
, Lane County Plat Records, Lane County, Oregon".
(i) For tracts of land outside of an approved subdivision, the
following language shall be used:
"PRELIMINARY PLAN"
"This Lot Line Adjustment modifies Tax Lots -- and --, Lane
County Assessor's Map# ---.
Section 77: Subsection 33.030 is hereby amended as described below:
The Director shall approve, approve with conditions or deny the request based
on the following criteria; the proposed lot line adjustment shall not:
(1) Create a new lot or a land-locked parcel;
.
(2) Reduce an existing lot below the minimum dimensions established by
the applicable zoning district or otherwise violate standards of
this Code, or Structural Specialty and Fire and Life Safety Code
standards;
(3)
(4)
Impede the implementation of adopted
facilities plans or approved Conceptual
Violate any previous requirements or
Authority may have imposed at a prior
and
tra~sportation or public
Development Plans;
conditions the Approval
public hearing or meeting;
(5)
Redesign or reconfigure lots within a subdivision
Lot Line Adjustments. Lot Line Adjustments which
from three lots shall not be considered
reconfiguration of lots.
by a series of
create two lots
a redesign or
Section 78: Section 33.040 is hereby amended as specified below:
33.040 PRELIMINARY APPROVAL.
(1) If the Director determines that the Preliminary Plan satisfies the
requirements of this Code, or that conditions are necessary to
satisfy the requirements of this Code, then the applicant shall be
notified in writing and may proceed with the preparation of the
required Final Map.
~ Ordinance ~~\
Page 81
.
.
.
(2) If the Director determines that the Preliminary Plan does not
comply with the provisions of this Code, then the application
shall be denied and the applicant so notified in writing.
Section 79: Subsection 33.050 is hereby amended as described below:
33.050 FINAL HAP APPROVAL.
(1)
A Final Map shall be prepared which meets
Surveyor's standards for a land survey. This
include the following language, either:
the Lane County
Final Map shall
(a) For lots within an existing subdivision:
"FINAL MAP"
"This Lot Line Adjustment modifies lots --- and --- of ---
Plat/Subdivision as platted and recorded in File --, Slide
--, Lane County Plat Records, Lane County, Oregon".
(i) For tracts of land outside of an approved subdivision:
"FINAL MAP"
"This Lot Line Adjustment modifies Tax Lots -- and --, Lane
County Assessor's Map# ---.
The Final Map shall be filed in the Lane County Surveyor's Office.
A copy of the recorded Final Map shall be delivered to the
Development Services Department together with any documents
required as a condition of approval.
If all conditions of approval have been met, the Director mail
"Final Approval Notice" to the applicant within five working days
of receiving the Final Map.
If the applicant has not completed the above within 90 days of the
date of Preliminary Plan approval, that approval shall become null
and void and resubmittal of the request shall be required.
Ordinance -5 '5'5 (
Page 82
\
Section 80: Section 33.060 is hereby amended as described below:
.
33.060 CONDITIONS OF APPROVAL.
The following conditions of approval may be required:
(1) The dedication of right-of-way.
(2) The signing of an Improvement Agreement.
(3) A public or private utility easement.
(4) A joint use/access and/or parking agreement.
Section 81: The Article 34 Title Page is hereby amended as described below:
ARTICLE 34
PARTITION STANDARDS
34.010 GENERAL
34.020 TENTATIVE PLAN REVIEW
34.030 TENTATIVE PLAN DRAFTING REQUIREMENTS
. 34.040 SUBDIVISION DETERMINATION
34.050 TENTATIVE PLAN CRITERIA FOR APPROVAL
34.060 TENTATIVE PLAN APPROVAL
34.070 TENTATIVE PLAN - DEVELOPMENT STANDARDS AND CONDITIONS OF APPROVAL
34.080 PARTITION PLAT REVIEW
34.090 PARTITION PLAT REQUIREMENTS
34.100 PARTITION PLAT CRITERIA FOR CITY APPROVAL
34.110 PARTITION PLAT LANE COUNTY RECORDATION
34.120 PARTITION PLAT CITY APPROVAL AND DEVELOPMENT APPROVAL
.
Ordinance '5 :5"5 \
Page 83
.
.
.
Section 82: Section 34.010 is hereby amended as described below:
(1) A Partition is the division of land into 2 or 3 parcels within a
calendar year, but does not include:
(a)
A division of land resulting from a lien
foreclosure of a recorded contract for the
property or the creation of cemetery lots;
foreclosure,
sale of real
(b) An adjustment of a property line (Lot Line Adjustment) by the
relocation of a common boundary where an additional unit of
land is not created and where the existing unit of land
reduced in size by the adjustment is not in conflict with any
applicable ordinance; or
(c) A sale or grant by a person to a public agency or public body
for state highway, county road, city street or other right of
way purposes provided that such road or right of way complies
with the applicable comprehensive plan and ORS 215.213(2)(q)
to (s) and 215.283(2)(p) to (r).
(2) Partition applications are processed by approving a Tentative Plan
prior to approval of the Partition Plat. No parcel may be created
without being partitioned in accordance with the standards of this
Code. No parcels shall be created which are impractical for
improvement or use due to steepness or configuration of terrain,
inadequate size for building, inadequate frontage or access,
critically expansive soils, or other physical condition, unless
they are approved as exceptions on the Tentative Plan, including
provisions for their maintenance.
(3) Solar Access Standards.
(a)
Applicability. The provISIons of this Subsection shall apply
to all land divisions in the LDR and MDR Districts.
(b)
Solar Access Platting Standard. All partitions shall be
mapped to provide solar access to parcels in accordance with
Section 16.050, Setback Standards. The applicant shall use
one of the approaches listed below in Subsections 1. and 2.
The Development Services Department shall provide guidelines
describing the appropriate procedure for meeting the solar
design standard.
Ordinance 'S 5' 5 (
Page 84
1. Prescriptive Approach.
.
a.
South Wall Standard. Each lot shall be designed to
have a solar factor of 75 feet or more except as
provided in Subsection b. below. The lots shall be
classified as South Wall Lots.
b. South Roof Standard. The Director may approve lots
with a solar factor equal to or greater than 60
feet and less than 75 feet to the extent necessary
to meet street design standards in accordance with
Section 32.020 of this Code, or to obtain the
density permitted under the applicable zoning
district. Such lots will be classified as South
Roof Lots.
2. Performance Approach. The applicant may use any
alternative platting method that ensures a level of
solar access protection equivalent to the South Wall
standard as specified in Section 16.050 (5)(a)1. of this
Code. Individual solar setback tables shall be recorded
with the Partition Plat for each parcel platted under
this approach.
.
(c) Exempt Lots. A proposed lot is exempt from the requirements
of Subsection (3)(b)1. and 2. of this Article if any of the
conditions listed below are met. The applicant shall provide
written justification for the exemption tequest. Lots
exempted under this Subsection shall be classified as Exempt
Lots.
1. The north-south slope of the lot is greater than 15
percen t .
2. The property to the north is not located within a LDR or
MDR district or is a public right of way with a minimum
width of 50 feet.
\
3. Greater than 60 percent of the buildable area of the lot
is shaded by an existing structure or topographic
feature.
4.
A lot with a solar factor of
necessary to meet street design
in Section 32.020 of this Code.
less than 60 feet is
standards as specified
.
Ordinance S S 5 ,
Page 85
.
.
.
Section 83: Section 34.020 is hereby amended as described below:
34.020 TENTATIVE PLAN REVIEV.
(1) Partitions shall be reviewed under Type II procedure.
(2) 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.
Section 84: Section 34.030 is hereby amended as described below:
34.030 TENTATIVE PLAN DRAFTING REQUIREMENTS.
The format of the plan and the data to be shown shall be as follows:
(1) General.
(a) The Tentative Plan, including any required Future Development
Plan, shall be prepared by a surveyor on a map 18" x 24" in
size.
(b) The scale of the Tentative Plan shall be appropriate to the
area involved and the amount of detail and data, normally 1"
= 20', 1" = 50' or 1" = 100'.
(c) A north arrow and date the Tentative Plan was prepared.
(d) The name and address of the owner, applicant if different,
and the surveyor.
(e) A drawing of the boundaries of the entire area owned by the
partitioner of which the proposed partition is a part.
(f) Topographic
intervals:
contour lines having the following minimum
1. 2 feet for slopes up to 10 percent.
2. 5 feet for slopes exceeding 10 percent.
The base area shall be clearly indicated and shall be
compatible with to City datum, if benchmarks are not
adjacent. The elevations of all control points which are
used to determine the contours shall be noted.
(g)
City boundaries, the Urban Growth Boundary and
service district boundaries or railroad rights
cross or abut the proposed partition.
Ordinance ~ 5 ~ \
Page 86
any special
of way which
.
(h) The applicable zoning district and the Metro Plan designation
of the proposed partition and of properties within 100 feet
of the boundary of the subject property.
(2) The location and direction of flow of drainageways; natural
vegetation, including, where applicable, the approximate location
of trees 8 inches in diameter or larger in buildable areas,
measured 4 1/2 feet from the ground, or clusters of trees
parcels over one acre shall not require the location of every
tree; and rock outcroppings. Any tree cutting shall be in
accordance with Article 38 of this Code.
(3) The proposed plan for drainage including handling storm water
overflow for each individual parcel and sheet flow from adjacent
properties.
(4) The location and elevation of the 100 year Floodway and Floodway
Fringe, in accordance with Article 27 of this Code. The location
of all other areas subject to seasonal ponding.
(5) The locations, widths and names of all existing streets, alleys,
or other rights of way (to include the approximate radius of
curves and grades) within or adjacent to the proposed partition.
The relationship of all proposed streets to any projected streets
as shown on the Metro Plan, including the TransPlan and any
approved Conceptual Development Plan.
.
(6)
The locations and widths of all
including the location, size and
trees in any required planter
bicycle paths.
existing and proposed sidewalks,
type of plantings and street
strip; pedestrian trails; and
(7) The location and size of all existing and proposed utilities
including but not limited to, sanitary sewer mains, storm drains,
water lines, electric, telephone, tv cable, and gas lines.
(8) The locations widths and purpose of all existing or proposed
easements on and abutting the proposed partition; the location of
any existing or proposed reserve strips.
(9) The locations of all areas to be dedicated'or reserved for public
use, with the purpose, condition or limitations of the
reservations clearly indicated.
(10) The dimensions of the proposed parcels to include square footage
calculations.
.
(11) The location and outline to
remain on the property and
proposed new property lines.
Ordinance 'S -5 S \
Page 87
scale of all existing structures to
their required setbacks from the
.
.
.
(12) The solar factor for each lot as a South wall, South Roof or
Exempt Lot in accordance with Section 34.010 (3) of this Article.
(13) The following additional information shall be submitted with the
Preliminary Plan:
(a) A brief narrative explaining the purpose of the proposed
partition and the existing use of the property.
(b) For duplex partitions with an existing structure, a copy of a
housing inspection obtained through the Building Division.
(c) A draft of proposed restrictions and covenants affecting the
partition.
(d) If the applicant is not the property owner, written
permission from the property owner shall be required.
Section 85: Section 34.040 is hereby amended as described below:
34.040 TENTATIVE PLAN SUBDIVISION DETERMINATION.
When the parcels of a partition can be further divided, a Future Development
Plan prepared by a Surveyor showing future proposed land division shall be
required. 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.
Section 86: Section 34.050 is hereby amended as described below:
34.050 TENTATIVE PLAN CRITERIA FOR APPROVAL.
The Director shall approve, approve with conditions or deny the request based
upon the following criteria:
(1) The request as conditioned fully conforms with the requirements of
this Code pertaining to: lot size and dimensions, the efficient
provision of public facilities and services, street improvements
and consideration of natural features.
(2) The zoning is consistent with the Metro Plan diagram and/or
applicable refinement plan diagrams.
(3) Development of any remainder of the property under the same
ownership can be accomplished in accordance with the provisions of
this Code.
(4)
Adjacent land can be developed or is provided access that
allow its development in accordance with the provisions of
Code.
will
this
r::...j::-~ (
Ordinance ...) J J
Page 88
.
.
.
Section 87: Section 34.060 is hereby amended as described below:
34.060 TENTATIVE PLAN APPROVAL.
(1) If the Director determines that the Tentative Plan satisfies the
requirements of this Code or that conditions are necessary to
satisfy the requirements of this Code, then the applicant shall be
so notified in writing and may proceed with preparation of the
Partition Plat.
(2) If the Director determines that the Tentative Plan cannot be
conditioned so as to be consistent with the provisions of this
Code, then the partition shall be denied and the applicant so
notified in writing.
Section 88: Section 34.070 is hereby amended as described below:
34.070 TENTATIVE PLAN DEVELOPMENT STANDARDS AND CONDITIONS OF APPROVAL.
All proposed partitions shall meet the public and private improvement
standards of Article 32, Public and Private Improvements.
Ordinance ~S \
Page 89
(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 required. Whenever street dedication
results in right of way tha~ does not connect with the City
system, a deed restriction shall be recorded with the Lane
County Recording Officer. 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.
(b)
Whenever a proposed partition will,increase traffic
City street system and that partition has unimproved
frontage abutting a fully improved public street, that
frontage shall be fully improved to City standards.
on the
street
street
(c) Except as specified in Subsection (l)(b) of this Section,
whenever a proposed partition will increase traffic on the
City street system, an Improvement Agreement shall be
required as a condition of Development Approval in all cases
where unimproved street frontage exists.
.
(2) The dedication of land for public or private utility easements and
Joint Use/Maintenance Agreements shall be required when necessary
to satisfy the standards of Article 32, Public and Private
Improvements.
(3) The construction of sidewalks, the paving of driveways, connecting
to utilities, fences and landscaping shall be required when
necessary to satisfy the standards of Articles 31, 32 and the
appropriate zoning district.
(4) The Director may waive the requirement that buildable City lots
have frontage ,on a public street when all of the following apply:
(a) The parcel or parcels have been approved as part of a
Partition application;
(b) Access has been guaranteed via a private street to a public
street by an irrevocable joint use/access agreement.
(5)
Attached conditions of approval shall be either immediate or
delayed. Immediate conditions shall be completed at the time the
Partition Plat is submitted, prior to Final Approval. Delayed
conditions may be met after Final Approval has been granted during
the building permit process. All delayed conditions shall be met
prior to the issuance of a Certificate of Occupancy or the Final
Building Inspection.
Ordinance 555l
Page 90
.
(1) Partition Plats shall be reviewed under Type I procedure.
Exception: Until the Intergovernmental Agreement with Lane County
regulating planning outside of the City Limits, but within
Springfield's Urban Growth Boundary (UGB) is amended, Partition
Plats for partitions within Springfield's UGB shall be reviewed
and approved by the Lane County Surveyor.
(2) 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.
Section 90: Section 34.090 is hereby added as described below:
34.090 PARTITION PLAT REQUIREMENTS.
.
(1) Within 12 months of the date of Tentative Plan approval, a
Partition Plat shall be drawn by a surveyor with black India Ink
or silver halide permanent photocopy, 18" by 24" in size. The
Partition Plat shall conform with the Lane County Surveyor's
specifications and requirements pertaining to material that has
characteristics of adequate strength and permanency as well as
suitability for binding and copying. The Partition Plat shall be
in clear and legible form and may be placed on as many sheets as
necessary, but a fact sheet and an index page shall be included
for all plats placed on more than two sheets. Scale requirements
shall be the same as specified for Tentative Plans. Lettering and
the dedication and affidavit of the surveyor shall be be clearly
legible, and no part of the plat shall come nearer than one inch
to any edge of any sheet.
Two copies of this Partition Plat incorporating any conditions of
the Tentative Plan approval shall be submitted to the Development
Services Department along with any other required legal documents.
If the applicant has not completed the above within the 12 month
period, Tentative Plan approval shall become null and void and
resubmittal of the request shall be required.
(2) The Director in consultation with the City Surveyor, shall certify
that all conditions listed under Tentative Plan approval have been
met prior to Partition Plat approval and Development Approval,
i.e., before a Building Permit may be issued or property
transferred.
Ordinance "SS 5 \
Page 91
.
(3) The Partition Plat, shall contain the following information:
.
(a) The date, north point and scale.
(b) A legal description of the tract boundaries.
(d) The name and address of the owner, subdivider and surveyor.
(e) Reference points of existing surveys identified, related to
the plat by distances and bearings, and referenced to a field
book or map as follows:
1. The Partition Plat shall conform to ORS 92.050.
2. Monuments established shall conform to ORS 92.060,
92.065 and 92.070 and ORS 209.250.
(f) The location and width of streets and easements intercepting
the boundaries of the tract.
(g) The location of the Floodway or Floodway Fringe in accordance
with Article 27 of this Code.
(h) The location of all areas covered by water, and the location,
width, and direction of flow of all drainageways.
.
(i) The location of those areas found to be unsuitable for
building in the Soils and Geology Report or based on natural
resource inventories.
(j) The survey for the Partition Plat shall be of such accuracy
that the linear error of closure shall not exceed one foot in
10,000 feet.
.
(k) 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
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 of future land division. Typical cross-sections of
proposed streets showing all utility improvements proposed
within the street right of way and adjacent easements at a
scale to clearly show the detail. If private streets are
proposed, a statement shall be made as to how the
construction of necessary local improvements and their
continued maintenance shall be accomplished. The dedication
of public right-of-way will be required to be on a separate
document provided by the City.
Ordinance 5S~ ~
Page 92
.'
(1) Existing easements shall be clearly identified with their
recorded reference. New easements and reserve strips shall
be referenced in the owner's certificates of dedication. The
purposes of easements shall also be identified.
(m) Parcels in partitions shall be numbered consecutively.
(n) Identification of land to be dedicated for any purpose,
public or private, to distinguish it from parcels intended
for sale.
(0) Special building setback lines and solar easements which are
to be made part of the subdivision's deed restrictions.
(p) An affidavit from the surveyor who surveyed the subdivision,
conforming to the requirements of the ORS 92;070.
(q) 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. 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.
(r) Accompanying Data:
.
1.
A copy of any deed restrictions.
2.
A copy of any dedication requiring separate documents.
3. Boundary and lot closure computations and the total area
of each lot and any open space dedication in square feet
or acres.
4. A statement of water rights.
5. A copy of any document required as a condition of
Partition approval.
Ordinance is S S ~
Page 93
.
.
.
.
Section 91: Section 34.100 is hereby added as described below:
34.100 PARTITION PLAT CRITERIA FOR CITY APPROVAL.
(1) Except as specified in Section 34.080(1) of this Code the Director
shall approve, approve with conditions or deny the request in
consultation with the City Surveyor and the City Engineer. The
Final Plat shall comply with the requirements of this Code and
conditions imposed by the Director and shall be in substantial
conformity with the provisions of the approved Tentative Plan for
the Partition.
(2) If all applicable provisions have been met, the City Surveyor, the
Director and the Chairperson of the Planning Commission shall sign
the Partition Plat. In the event all applicable criteria have not
been met, the Director will notify the partitioner in writing.
Section 92: Section 34.110 is hereby added as described below:
34.110 PARTITION PLAT LANE COUNTY RECORDATION.
After the Partition Plat has been signed by the City, the partitioner shall
deliver the plat to the Lane County Surveyor for recording.
Section 93: Section 34.120 is hereby added as described below:
34.120 PARTITION PLAT CITY APPROVAL AND DEVELOPKENT APPROVAL.
The subdivider 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 94: The Article 35 Title Page is hereby amended as described below:
ARTICLE 35
SUBDIVISION STANDARDS
35.010 GENERAL
35.020 TENTATIVE PLAN REVIEW
35.030 TENTATIVE PLAN - GENERAL
Ordinance 555 (
Page 94
35.040 TENTATIVE PLAN DRAFTING REQUIREMENTS
~, 35.050 TENTATIVE PLAN CRITERIA FOR APPROVAL
35.060 TENTATIVE PLAN - CONDITIONS OF APPROVAL
35.070 TENTATIVE PLAN - EXPIRATION DATE
35.080 SUBDIVISION PLAT REVIEW
35.090 SUBDIVISION PLAT DRAFTING REQUIREMENTS
35.100 SUBDIVISION PLAT CRITERIA FOR CITY APPROVAL
35.110 SUBDIVISION PLAT LANE COUNTY APPROVAL
35.120 SUBDIVISION PLAT CITY APPROVAL AND DEVELOPMENT APPROVAL
35.130 SUBDIVISION PLAT - EXPIRATION OF CITY APPROVAL
Section 95: Section 35.010 is hereby amended as described below:
35.010 GENERAL.
.
(1) A subdivision is the division of an area or tract of land into 4
or more lots within a calendar year.
(2) Subdivision applications are processed by approving a Tentative
Plan prior to approval of the Subdivision Plat. No lots may be
created without being subdivided in accordance with the standards
of this Code. No lots shall be created which are impractical for
improvement or use due to steepness or configuration of terrain,
inadequate size for building, inadequate frontage or access,
critically expansive soils, or other physical condition, unless
they are approved as exceptions on the Tentative Plan, including
provisions for their maintenance.
(3) Solar Access Standards.
(a) Applicability. The prOV1Slons of this Subsection shall apply
to all land divisions in the LDR and MDR Districts.
.
(b) Solar Access Platting Standard. All land divisions shall be
platted to provide solar access to lots as specified in
Section 16.050(5), Setback Standards. The applicant shall
use one of the approaches listed below in Subsections 1. and
2. The Planning and Development Department shall provide
guidelines describing the appropriate procedure for meeting
the solar design standard.
Ordinance '5 5 5 (
Page 95
1. Prescriptive Approach.
.
a.
South Wall Standard. Each lot shall be designed to
have a solar factor of 75 feet or more except as
provided in Subsection b. below. Such lots shall
be classified as South Wall Lots.
b. South Roof Standard. The Director may approve lots
with a solar factor equal to or greater than 60
feet and less than 75 feet to the extent necessary
to meet street design standards as specified in
Section 32.020 of this Code, or to obtain the
density permitted under the applicable zoning
district. Such lots will be classified as South
Roof Lots.
2. Performance Approach. The applicant may use any
alternative platting method that ensures a level of
solar access protection equivalent to the South Wall
standard as specified in Section 16.050(5), Setback
Standards. Individual solar setback tables shall be
recorded with the Subdivision Plat for each lot platted
under this approach.
.
(c) Exempt Lots. A proposed lot is exempt from the requirements
of Subsection (3)(b)1. and 2. of this Code if any of the
conditions listed below are met. The applicant shall provide
written justification for the exemption request. Lots
exempted under this Subsection shall be classified as Exempt
Lots.
1. The north-south slope of the lot is greater than 15
percen t .
2. The property to the north is not located within a LDR or
MDR district or is a public right of way with a minimum
width of 50 feet.
3. Greater than 60 percent of the buildable area of the lot
is shaded by an existing structure or topographic
feature.
4.
A lot with a solar factor of
necessary to meet street design
in Section 32.020 of this Code.
less than 60 feet is
standards as specified
Ordinance 5'5CS ~
Page 96
.
.
.
.
Section 96: Section 35.030 is hereby amended as pescribed below:
In any residential land division, lots and blocks shall conform to the
following standards:
(1) The lot dimensions shall conform to the mInImum standards of this
Code. When lots are more than double the minimum area designated
by the district, the Director shall require that such lots be
arranged:
(a) to allow further subdivision; and
(b) to allow for the opening of future streets where it would be
necessary to serve such potential lots.
(c) Placement of structures on such lots shall be subject to
approval by the Director.
(2)
Double frontage lots
prevent access to
arterial streets
disadvantages.
shall be avoided except where necessary to
residential development from collector and
or to overcome specific topographic
(3) Panh~ndle Lots.
(a)
Panhandle lots shall be permitted
provide adequate access to buildable
access to a public street cannot
during the planning period.
only when necessary to
sites, and when direct
reasonably be provided
(b) The panhandle shall not encroach upon or cross a live stream,
ravine, irrigation ditch, or other topographic feature except
as approved by the Director. Any bridge or culvert shall be
approved by the City Engineer.
(c) A solid screen, in accordance with Section 31.160 of this
Code, shall be provided along the property line of a lot of
record where the paved accessway is to be located.
(4)
Blocks shall not
800 feet without
arterial streets.
feet.
exceed 1200 feet in length and shall not exceed
improved pedestrian ways, except blocks abutting
Minimum block length shall not be less than 100
Ordinance s-r S- ~
Page 97
.
.
.
Section 97: Section 35.050 is hereby amended as described below:
The Director shall approve, approve with conditions or deny the request, based
upon the following criteria:
(1) The zoning is consistent with the Metro Plan diagram and/or
applicable refinement plan diagrams.
(2) Development of any remainder of the property under the same
ownership can be accomplished in accordance with the provisions of
this Code.
(3)
Adjacent land can be developed or is provided access that
allow its development in accordance with the provisions of
Code.
will
this
(4) The request as conditioned fully conforms with the requirements of
this Code pertaining to: lot size and dimensions, the efficient
provision of public facilities and services, safe and efficient
vehicle and pedestrian movement, and consideration of natural
features.
Section 98: Section 35.060 is hereby amended as described below:
(1) Conditions of approval shall be attached to the Tentative Plan by
the Director as required to comply with the provisions of this
Code. All conditions shall be satisfied prior to Subdivision Plat
approval.
(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 parcel or parcels have been approved as part of a
Subdivision application;
(b) Access has been guaranteed via a private street to a public
street by an irrevocable joint use/access agreement.
Section 99: Section 35.070 is hereby amended as described below:
Tentative Plan approval shall be effective for one year 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. Otherwise, the entire procedure shall be
repeated for reconsideration.
Ordinance SS ~~ (
Page 98
.
.
.
Section 100: Section 35.080 is hereby amended as described below:
35.080 SUBDIVISION PLAT REVIEV.
(1) Subdivision Plats shall be reviewed under Type I procedure.
(2) 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.
Section 101: Section 35.090(1) is hereby amended as described below:
35.090 SUBDIVISION PLAT DRAFTING REQUIREMENTS.
One original drawn by a surveyor with black India Ink or silver halide
permanent photocopy, 18" by 24" in size. The Subdivision Plat shall conform
with the Lane County Surveyor's specifications and requirements pertaining to
material that has characteristics of adequate strength and permanency as well
as suitability for binding and copying. The Subdivision Plat shall be in
clear and legible form and may be placed on as many sheets as necessary, but a
fact sheet and an index page shall be included for all plats placed on more
than two sheets. Scale requirements shall be the same as specified for
Tentative Plans. Lettering and the dedication and affidavit of the surveyor
shall be be clearly legible, and no part of the plat shall come nearer than
one inch to any edge of any sheet.
(1) The proposed Subdivision Plat, shall contain the following
information:
(a) The date, north point and scale.
(b) A legal description of the tract boundaries.
(c) The name of the subdivision.
(d) The name and address of the owner, subdivider and surveyor.
(e) Reference points of existing surveys identified, related to
the plat by distances and bearings, and referenced to a field
book or map as follows:
1. The survey and plat shall conform to ORS 92.050.
2. Abutting corners of abutting subdivisions.
3. Monuments established shall conform to ORS 92.060 and
ORS 209.250.
(f) The location and width of streets and easements intercepting
the boundaries of the tract.
Ordinance "5 :)S \
Page 99
.-
.
.
(g) The location of the Floodway or Floodway Fringe in accordance
with Article 27 of this Code.
(h) The location of all areas covered by water, and the location,
width, and direction of flow of all drainageways.
(i) 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.
(j) Tract and lot boundary lines and street right of way and
center lines with dimensions, bearings or deflection angles,
radii, arcs, points of curvature and tangent bearings to be
shown to the nearest 10 seconds with basis of bearings. All
distances shall be shown to the nearest one hundreth of a
foot.
(k) 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
angle 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. Typical cross-sections of proposed streets
showing all utility improvements proposed within the street
right of way and adjacent easements at a scale to clearly
show the detail. If private streets are proposed, a
statement shall be made as to how the construction of
necessary local improvements and their continued maintenance
shall be accomplished.
(I)
Existing easements shall be clearly identified with their
recorded reference. New easements and reserve strips shall
be referenced in the owner's certificates of dedication. The
purposes of easements shall also be identified.
(m)
(n)
Lots in subdivisions shall be numbered consecutively.
Identification of land to be dedicated for any purpose,
public or private, to distinguish it from lots intended for
sale.
(0)
Special building setback lines and solar easements which are
to be made part of the subdivision's deed restrictions.
(p)
An affidavit" from the surveyor who surveyed the subdivision,
conforming to the requirements of the Oregon Revised
Statutes.
Ordinance 5 '5 S l
Page 100
..
-
.
.
(q) 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. Individual solar setback
tables shall be recorded with the Subdivision Plat for each
lot platted under the performance approach as specified in
Section 35.010(3)(b)2. of this Article.
Section 102: Section 35.100 is hereby amended as described below:
35.100 SUBDIVISION PLAT CRITERIA FOR CITY APPROVAL.
(1)
with conditions or deny the
City Surveyor and the City
comply with the requirements
by the Director and the
The Director shall approve, approve
request in consultation with the
Engineer. The Subdivision Plat shall
of this Code, conditions imposed
following:
(a)
The Subdivision Plat is in substantial conformity
provisions of the approved Tentative Plan
subdivision.
with the
for the
(b) Streets and roads for public use as indicated on the approved
Tentative Plan for the subdivision have been approved by the
City and have been dedicated without any reservations or
restrictions other than reversionary rights upon vacation of
any such street or road and easements for public utilities.
(c) One of the following:
1. Improvements as required by this Code have been
completed, and a certificate of such fact has been filed
with the Planning and Development Department by the City
Engineer;
2. A petition for improvements has been properly executed
by the subdivider in accordance with Chapter II of the
Springfield Code; or
3. A performance agreement (bond), or suitable substitute,
approved by the City, has been filed with the Finance
Department in sufficient amount to ensure the completion
of all required improvements in accordance with Article
32 of this Code.
(d) Taxes, as well as public liens, assessments and fees with
respect to the subdivision area have been paid.
(2) If all applicable criteria have been met, the City Surveyor, the
Director and the Chairperson of the Planning Commission shall sign
the Subdivision Plat. In the event all applicable criteria have
not been met, the Director will notify the subdivider in writing.
Ordinance ~~~ (
Page 101
.
.
.
Section 103: Section 35.110 is hereby amended as described below:
35.110 SUBDIVISION PLAT LANE COUNTY APPROVAL.
After the Subdivision Plat has been signed by
deliver the plat to the Lane County Surveyor.
be on the Subdivision Plat prior to recording:
the City, the subdivider shall
Th~ following signatures shall
(1) The Lane County Assessor whose signature shall certify that all
taxes on the property have been paid.
(2) A majority of the Lane County Board of Commissioners whose
signatures shall certify that the plat is approved by them.
The subdivider, accompanied by the Lane County Surveyor, shall
then deliver the Subdivision Plat to the office of the Lane County
Recording Officer. A true and exact copy shall be provided to the
Lane County Surveyor's office.
Section 104: Section 35.120 is hereby amended as described below:
35.120 SUBDIVISION PLAT CITY APPROVAL AND DEVELOPMENT APPROVAL.
The subdivider shall deliver a reproducible copy of the recorded Subdivision
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 105: Section 35.130 is hereby amended as described below:
35.130 SUBDIVISION PLAT EXPIRATION OF CITY APPROVAL.
If the conditions set at the time of Tentative Plan approval are not fulfilled
and the Subdivision Plat is not offered for recording by the subdivider in the
office of the Lane County Recording Officer within 2. years, subdivision
approval shall be null and void and a new application for Subdivision Plat
approval shall be submitted if the subdivider desires reconsideration. If, in
the opinion of the Director, conditions have changed following expiration to a
sufficient degree to warrant reconsideration of the Tentative. Plan, an
application for Tentative Plan approval shall be resubmitted and approved
prior to Subdivision Plat application submittal and reconsideration.
Section 106: Section 36.120 is hereby amended as described below:
Mobile homes as a temporary use in residential districts shall be reviewed
under Type I procedure.
Ordinance S '55 (
Page 102
.
.
.
Section 107: Section 36.150 is hereby amended as described below:
Mobile homes in commercial districts shall be reviewed under Type I procedure.
Section 108: Section 36.180 is hereby amended as described below:
Mobile homes in industrial districts shall be reviewed under Type I procedure.
Section 109: Section 36.190 is hereby amended as described below:
(1) A mobile home, provided it meets City and State standards for
safety and construction of units for commercial purposes, may be
used as a permanent office building in the LMI and HI Districts
provided the following conditions are met prior to occupancy:
(a) A permanent foundation shall be provided for the mobile home.
(b) Siding shall be compatible with adjacent structures; the roof
shall have a minimum 16 percent pitch.
(c) Foundation covers-skirting, landscaping, backfill, shall be
required.
(d) The mobile home shall be a Class A unit.
(e) Compliance with these regulations shall be a condition of
continued use of the mobile home on the property.
(2) A mobile home, provided it meets City and State standards for
safety and construction for mobile homes, may be used as a
permanent residence for employees of businesses in the LMI and HI
Districts when their presence is required for security purposes by
the employer 24 hours a day; provided the following conditions are
implemented:
(a) A permanent foundation shall be provided for the mobile home
unless the mobile home will be used for less than 120 days.
(b) The mobile home shall be removed from the premises within 30
days if the business requiring security personnel closes.
(c) Foundation cover-skirting, landscaping, backfill, shall be
required.
(d) The mobile home shall be either a Class A or Class B.
(3)
A mobile home, provided it meets City and State standards for
safety and construction of units for commercial purposes, may be
used as a temporary office building in the LMI and HI Districts
for a period of not more than 12 consecutive months provided:
Ordinance &55"5 t
Page 103
.
,Ii , ~
(a) The applicant shall submit a Plot Plan showing where the
mooile home will be placed and where the permanent buildings
will be placed.
(b) A Building Permit application for a permanent structure
shall be submitted simultaneously.
(c) The Development Services Department shall conduct a
work-in-progress inspection 3 months after Plot Plan
approval. If reasonable progress on construction of the
permanent building has been made, an extension of not more
than 9 months shall be granted for the use of the mobile
home. If reasonable progress on construction has not been
made, approval for use of the mobile home shall be revoked,
and the mobile home shall be removed from the property within
30 days.
Section 110: Section 39.020 is hereby amended-as described below:
(1) The Solar Access Guarantee shall be reviewed under Type II
procedure as modified by the provisions of this Article.
(2) 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.
.
Section 111: Appendix 1 Development Code Fees is hereby amended as
described below:
TYPE I REVIEV
ITEM
REVIEWED
PROPOSED
FEE
CODE
REFERENCE
Partition - Plat
50
34.080
Subdivision - Plat
100+5/lot
35.080
Section 112: If any section or provision of this Ordinance is found to be
invalid, improperly adopted or adopted without supporting findings and
evidence, such findings of invalidity shall not invalidate or otherwise affect
the remaining portions of this Ordinance. ~
ADOPTED by the Common Counci 1 of the Ci ty of Spri ngfi e~'d by a vote-'of .....)
in favor and ~ against this ~day of F~uar>>~ggl. ~
APPROVEP-py the Mayor of the City of Springfie~~)(v\)7r~~
this 41 ~\ day of February, 1991. MAYOR ,
A~
City Record r
REVIEWED & APPROVED
. A~ TO FORM
, ~ \:)'> t=./' v-\. j L.rA ~i
DATE: J P\ ~ \ \ I \ '1 '\ ~
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFIELD
Ordinance CS '5 "5 (
Page 104
~ ,.