(1)

Enforcement authority. The department of building development services of the City of Springfield shall administer this article. The director of building development services shall be authorized to expend such duly appropriated funds as may be necessary to employ deputies and clerical assistants and to carry out the duties required under this article and such other duties as shall be approved from time to time by the city council.

(2)

Duties of the director of building development services. In furtherance of this authority and in addition to the duties delegated to him under this article and other ordinances of the city, the director of building development services or his duly designated and authorized representative shall:

(a)

Receive applications for zoning certificates; receive applications for permits for the construction, erection, structural alteration, enlargement and removal of buildings, structures and signs; receive applications for permits for the use of any premises for an open sales lot, or other purposes where a building permit is not required; notify applicants of all city ordinances pertaining to said applications; issue as soon as practicable certificates required by this article when the plans are found to comply with the provisions of this article and all other city laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this article.

(b)

Receive applications for certificates of occupancy for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, structurally altered, enlarged or moved in accordance with such permits and are ready for use and occupancy, receive applications for certificates of occupancy for any premises developed or improved as an open sales lot or other purposes where a building permit is not required; notify applicants of city ordinances pertaining to said applications; issue certificates of occupancy applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this article.

(c)

Provide such technical assistance to the city council, planning and zoning commission, board of adjustment and landmarks board as they may require in the performance of their duties under this article.

(d)

Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this article.

(e)

Conduct inspections of buildings, structures, signs, and uses of any premises to determine compliance with the terms of any application, permit, or certificates issued by this office.

(f)

Maintain permanent and current records of official actions on all zoning certificates, certificates of occupancy and applications therefor and all functions of the department of building development services related to the administration of this article.

(3)

Inspection and right of entry. The director of building development services, and his duly authorized representatives, are hereby authorized to make inspections of all buildings, structures, and premises located within the city to determine their compliance with the provisions of this article. For the purpose of making such inspection, the director of building development services, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures, and premises within the city, subject to the following standards and conditions.

(a)

Such inspections may take place if a complaint regarding said premises has been received by the director of building development services and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a systematic inspection program, by direction of the director of building development services or the city manager.

(b)

Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the city and to determine the purpose of said inspection.

(4)

Administrative search and seizure warrants. If the director of building development services has been refused access to a building, structure or premises or any part thereof, and if he has probable cause to believe that a violation of this article exists on the premises, then upon application by the city attorney to the municipal court judge and a showing of the above, the municipal court judge of the City of Springfield may issue an administrative search and seizure warrant, describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours and only by an official of the department in the company of a uniformed police officer of the City of Springfield.

(5)

Administrative rulings. The director of building development services, and his duly authorized representatives, are hereby authorized to make administrative rulings where the application of this article is generally unclear. Such administrative rulings shall be considered binding on all similar future applications of this article until this article is amended to address the application or a new administrative ruling is made. Such administrative rulings shall be made in writing and be made available for public distribution with this article.

(6)

Duties of the director of planning and development. In addition to the duties delegated to him under this article and other ordinances of the city, the director of planning and development or his duly designated and authorized representative shall:

(a)

Receive applications for zoning ordinance map and text amendments pursuant to section 36-367, amendments, of this article, variances pursuant to section 36-365, variances, of this article, special exceptions pursuant to section 36-366, special exceptions, of this article, and conditional uses pursuant to section 36-363, conditional use permits, of this article; and

(b)

Prepare and have available in book, pamphlet, or map form, on or before March 1 of each year:

1.

The compiled text of the zoning ordinance and amendments thereto, including all amendments adopted through the preceding December 31, and

2.

A zoning map or maps, showing the zoning districts and classifications in effect on the preceding December 31; and

(c)

Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning ordinance, and the rules of the board of adjustment, planning and zoning commission and landmarks board. A reasonable fee for each copy shall be charged to defray the cost of printing; and

(d)

Provide technical and expert assistance to the city council, planning and zoning commission, board of adjustment and landmarks board; and

(e)

Make recommendations with respect to city planning, zoning, land use and development to the city council, planning and zoning commission, city manager and other departments and agencies of the city; and

(f)

Maintain permanent and current records of official actions on all variances, special exceptions, appeals, zoning applications and other activities of the planning and zoning commission, board of adjustment and landmarks board and all functions of the department of planning and development related to the administration of this article.

(Zoning Ord., § 3-1000)

(1)

Building permits. It shall be unlawful to start the construction of a new building, structure, parking lot or sign, or the enlargement or structural alteration of a building, structure, parking lot, or sign, without first filing a written application for, and obtaining, a zoning certificate from the director of building development services. No building permit shall be issued unless the director of building development services has examined the plot plan or the site plan, if one is required, and construction plans and has certified that such plans show compliance with all provisions of this article.

(2)

Plats. No building permit shall be issued nor shall any construction be undertaken on any lot or parcel of land within the city unless such lot or parcel, in its entirety, meets the requirements of chapter 36, article II, subdivision regulations, Springfield City Code.

(3)

Plot plans. Unless submission of a site plan is required by section 36-360, site plan review, all applications for zoning certificates or certificates of occupancy shall be accompanied by the plot plan, drawn to scale, showing the actual dimensions of the parcel of land to be built upon, or utilized, the size of the building or structure to be erected and its position on the lot, and such other information as may be necessary to demonstrate compliance with the provisions of this article.

(Zoning Ord., § 3-1100)

(1)

Authority. The director of planning and development, or his duly authorized representative, shall have the authority to issue zoning certificates in accordance with the provisions of this section.

(2)

Purpose. The zoning certificate is intended to provide official certification of the zoning of a particular property on the date the zoning certificate is issued. The zoning certificate also provides notice of any rezoning applications on file for the property in planning and development department office.

(3)

Procedure.

(a)

Application. Applications for zoning certificates shall be submitted to the director of planning and development and shall be in such form and contain such information and documentation as shall be prescribed from time to time by the director.

(b)

Action on application. Following receipt of a completed application for a zoning certificate, the director of planning and development shall cause the application to be reviewed and shall issue a zoning certificate within five working days which shall state on its face the current zoning of the property, any pending rezoning applications and, in bold type, that:

"THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL NOR SUBDIVISION REVIEW OR APPROVAL AND IS NOT AN AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED.

BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. SEE SECTION 36-333 OF ZONING ORDINANCE."

(c)

Disposition of copies. The director of planning and development shall stamp each copy of the application and shall return one copy to the applicant and shall retain one copy in his records for such period as he shall deem necessary.

(4)

Effect of issuance of zoning certificate. The issuance of a zoning certificate shall not authorize the establishment or extension of any use nor the development, construction, relocation, enlargement, structural alteration or moving of any building or structure, but shall merely provide information necessary to the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes or ordinances of the city, including, but not limited to, a building permit, business license, or a certificate of occupancy.

(Zoning Ord., § 3-1200; G.O. 6069, 8-12-13)

(1)

Authority. The director of building development services, or his duly authorized representative, shall have authority to issue certificates of occupancy in accordance with the provisions of this section.

(2)

Purpose. The certificate of occupancy requirement provides a procedure for the inspection of completed premises to ensure their compliance with this article and any plans that were approved prior to commencement of the use or occupancy and to ensure that the proposed use is permitted by the zoning district in which the property is located.

(3)

Certificate required. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this article:

(a)

No building or structure, or addition thereto, constructed, reconstructed, enlarged, structurally altered, or moved shall thereafter be occupied or used for any purpose;

(b)

No vacant land shall be used or occupied for any purpose;

(c)

No use of any land or structure shall be changed to any other use, whether or not construction, reconstruction, enlargement, structural alteration or moving is involved; and

(d)

No home occupation shall be established.

(4)

Procedure.

(a)

Application. Applications for certificates of occupancy shall be submitted to the director of building development services and shall be in such form and contain such information and documentation as shall be prescribed from time to time by him. Applications for business licenses include applications for certificates of occupancy and shall be submitted to the director of finance who shall transmit all applications to the director of building development services for review and approval.

In any case where the structure or use involved has been constructed or established pursuant to any special approval or relief required under this article, the application shall be accompanied by "as built" plans certified by a surveyor, engineer, architect, planner or owner-designer, as may be appropriate, to accurately depict the structure or use as built and certified to be in conformity in all respects to the special approval or relief granted.

(b)

Action on application. Following the receipt of a completed application or from when the owner has completed all work required by the building permit, the director of building development services shall cause the subject structure or premises to be inspected, if necessary, and shall take one of the following actions based on such inspection:

1.

If all work has been completed and the structure or premises is certified by the inspecting officer to be in full and complete compliance with all the applicable provisions of this article and other relevant codes and ordinances of the city, and with the applicant's plans as approved and with respect to such structure or premises, the director of building development services shall issue a certificate of occupancy.

2.

Otherwise, he shall inform the applicant in writing of the specific reasons why such certificate cannot be issued, citing the particular provisions of the codes and ordinances of the city, the particular items in the applicant's plans or the applicable special approval or relief conditions with respect to which compliance is lacking.

(c)

Contents of certificate. Each certificate issued pursuant to this section shall state any conditions imposed by any special approval or relief granted pursuant to this article.

(d)

Temporary certificate of occupancy. Notwithstanding the provisions of subsection (4)(b) above, where construction, reconstruction, enlargement or structural alteration of a structure does not require the vacating of the structure, or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, enlargement or structural alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this article, other relevant codes and ordinances of the city, the applicant's plans as approved and the conditions of any special approvals issued with respect to such structure or premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date. Such temporary certificate shall bear on its face, in bold type, a statement of its temporary nature.

(e)

Certificate of occupancy for existing uses. The director of building development services may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or property in accordance with this section with respect to new structures and uses. Such certificate shall be prima facie evidence of the facts contained in it with respect to any structure or use.

(f)

Filing of certificates. Every certificate issued pursuant to this section shall be kept on file in the office of the director of building development services and shall be a public record open to inspection by interested parties at reasonable times and upon reasonable notice.

(Zoning Ord., § 3-1300)

(1)

Fee required. A fee shall be paid in connection with any appeal, application for amendment, permit, and approval pursuant to this article to defray the cost and expense of publication and expenses incurred in connection with review of any plans, drawings, and specifications submitted by the applicant. An application shall not be deemed complete unless accompanied by the fee, if required. A fee schedule shall be adopted by the city council.

(2)

Waiver of fee for zoning map appeal process. For a period of one year from and after the adoption of the official zoning map, the fees for a zoning application shall be waived and the city shall pay the costs of advertising and providing the names and addresses of all owners of property within 185 feet of the subject property, under the following circumstances:

(a)

The director of planning and development, or his duly designated and authorized representative, determines that the applicant's property was zoned inconsistently with the principles that guided adoption of the official zoning map; or

(b)

The city council approves the zoning application and determines as follows:

1.

The zoning district was not translated to the zoning district with the most similar characteristics.

2.

Existing land use was not considered, to minimize the number of nonconforming uses.

3.

Adopted components of the city's master plan were not considered.

All applications alleging facts sufficient to support a waiver of fees shall be processed without prepayment, but the applicant's liability for the fees shall be waived only if the zoning application is granted and the above findings are made.

(Zoning Ord., § 3-1400)

(1)

Notice of violation. Whenever the director of building development services, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this article exists on any parcel of land within the city, he shall give notice of such alleged violation to the owner or agent of said parcel as hereinafter provided. Such notice shall:

(a)

Be in writing and include a statement of any alleged violations;

(b)

State not only the remedial action required to be taken, but shall also state that if such action is not taken within the time limit set forth in this Code, the remedial action may be taken by the city and the cost of correcting the violation may be assessed against the property on which the violation occurred, together with the inspection, collection and incidental costs, attorney's fees and court costs.

(c)

Allow a reasonable time for the correction of any violation or the performance of any other required act; and

(d)

Be served upon the owner or his agent; provided, that such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof:

1.

Is served upon him personally; or

2.

Is sent by registered mail to his last known address; or

3.

Is posted in a conspicuous place in or about the building, structure or premises affected by the action.

(2)

Revocation of permits, utilities, and city license. Whenever the director of building development services has ordered a person to correct a violation and when such violation has not been corrected within the time specified by such order, thereafter the director may institute an administrative action to revoke any and all permits issued by the city under which the activity is conducted, occupancy permits and the right to receive utilities for the activity of the building or structure wherein the activity is conducted by filing a notice of institution of a contested case before the administrative hearing officer in accordance with article X, chapter 36, Springfield City Code.

(3)

Abatement of violation. If a person violates this article or if a notice of a violation is not complied with within the time specified by the director of building development services, the director may cause a municipal court summons to be issued, and he may also request the city attorney to institute the appropriate legal proceedings to obtain an injunction to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this Code or of any order or direction made pursuant thereto.

(4)

Fines and penalties. Any person violating any of the provisions of this article, or failing to comply with any order issued pursuant to any section thereof, shall be guilty of a violation of a municipal ordinance and upon conviction thereof shall be punished as provided in section 1-7, Springfield City Code, except, the court shall hear evidence concerning the economic value of continuing the violation, and shall assess a fine sufficient in the court's judgment to deter a continuation of the violation. Each day that a violation continues, after service of notice as provided for in this article, and filing of charges in municipal court, shall be deemed a separate offense. Notice as set forth in this section shall not be required in order to prosecute a person for a violation of any provision of this article, except such notice shall be required to prosecute a person for failure to comply with an order. However, the city shall attempt to give notice when the violation does not pose an imminent danger and the owner has not previously been notified either orally or in writing regarding a violation of the same section of this article.

(5)

Abatement of nuisance. If, upon a hearing for the violation of this article, the hearing officer finds that a violation exists and that proper notice has been given as provided for in this article, and that there has been a failure to abate the nuisance, the hearing officer shall make an order directing the chief of police, the director of public health and welfare, the director of building development services or the director of public works to abate such nuisance forthwith. All of the cost of such abatement, including, but not limited to, costs of notices, inspections and abatement proceedings, shall be reported to the hearing officer who shall certify the amount thereof to the director of finance. The person causing, maintaining or permitting the violation shall be personally liable to the city for the cost of such abatement, and there shall also be from the time of such certification, a lien upon the land where such nuisance was abated, the same to run with the land for the full cost to the city for such abatement and in favor of the city upon which the city may take appropriate action in accordance with law.

(6)

Legal action. The imposition of the fines herein prescribed shall not prevent the city attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of building or structure in or about any premises, in violation of this article.

(7)

Discontinuance of illegal use or occupancy. Whenever any building, site, or portion thereof is being used or occupied contrary to the provisions of this article, the director of building development services shall order such use or occupancy discontinued by notice served on any persons using or causing such use or occupancy to be continued. Such person shall discontinue use or occupancy or make the building, site, or portion thereof comply with the requirements of this article within the time period set forth in the notice. The time period may under appropriate circumstances be immediate but shall not exceed ten days after receipt of such notice.

(Zoning Ord., § 3-1500)

(1)

Purpose and scope. This section implements the policy of the City of Springfield, Missouri on requests for reasonable accommodation in its rules, policies and procedures for persons with disabilities. Any person with a disability may request a reasonable accommodation with respect to the land use or zoning laws, rules, policies, practices or procedures of the city pursuant to this section. Nothing in this section requires persons with disabilities or operators of group homes for persons with disabilities which are operating in accordance with applicable zoning, licensing, and land use laws, to seek reasonable accommodation under this section.

(2)

Definitions. For the purposes of this section the following definitions shall apply, unless specifically defined in this section all terms have the same meaning as contained in 36-321:

(a)

Applicant. An individual, group or entity making a request for reasonable accommodation pursuant to this section. This definition shall also include the disabled person making said request or a person acting on behalf of, and at the request of said disabled person.

(b)

City. The City of Springfield, Missouri.

(c)

Department. The department of building development services of the city.

(d)

Disabled person. Any individual:

1.

With a physical or mental impairment that substantially limits one or more major life activities;

2.

Individuals who are regarded as having such an impairment; and

3.

Individuals with a record of such an impairment.

(e)

Major life activity. Those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking. This list of major life activities is not exhaustive.

(f)

Physical or mental impairment. Includes, but is not limited to, orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism.

(g)

Reasonable accommodation. Means a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling.

(h)

Substantially limits. Means that an individual's limitation is "significant" or to a "large degree".

(i)

Zoning ordinance. The City of Springfield, Missouri Zoning Ordinance, as defined in [section] 36-300.

(3)

Requesting reasonable accommodations.

(a)

In order to make a dwelling available to one or more individuals with disabilities, an applicant may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices or procedures of the city applicable to such housing.

1.

A request by an applicant for reasonable accommodation made pursuant to this section shall be made in writing or orally to the director of the department.

2.

When making a request for a reasonable accommodation pursuant to this section, an applicant shall provide:

a.

The name and address of the owner of the property, if other than the applicant; and

b.

Explain the type of accommodation requested; and

c.

Explain the relationship between the requested accommodation and the disability, if the need for the accommodation is not readily apparent.

(b)

All requests for reasonable accommodation made pursuant to this section shall be made in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability.

(c)

The department shall provide reasonable assistance necessary to an applicant in making a request for reasonable accommodation throughout the process.

(4)

Procedure.

(a)

The director of the department shall make an initial review of the request for reasonable accommodation upon receipt of such a request. The director may approve a request for reasonable accommodation upon the information provided in the application, if all the requirements needed to grant a request for reasonable accommodation are met by the application. The director may make such investigation or request such information from the applicant, as provided herein, to determine the disposition of the application.

1.

The request for reasonable accommodation shall be forwarded to the administrative review committee (ARC) when:

a.

The director does not have the authority to grant the request for reasonable accommodation, or

b.

The director fails to grant the request for reasonable accommodation within 30 days of the receipt of the request.

2.

Nothing in this section shall prohibit the director from consulting with the ARC regarding requests for reasonable accommodation or from consulting with the applicant to supplement their application, if possible.

(b)

The ARC, as established in section 36-352, shall have the authority to consider and act on requests for reasonable accommodation. The ARC shall issue a written determination within 30 after receiving the request for reasonable accommodation from the director of the department, and may: (1) grant the accommodation request; or, (2) deny the request.

1.

ARC may approve a request for reasonable accommodation upon the information provided in the application, if all the requirements of the request for a reasonable accommodation are met by the application, without meeting with the applicant.

2.

In no event shall the ARC deny a request for reasonable accommodation without the applicant being afforded an opportunity to meet with the ARC.

(c)

If reasonably necessary to reach a determination on the request for reasonable accommodation, the ARC may, prior to the end of said 30-day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide such information. In the event a request for additional information is made, the 30-day period to issue a written determination shall be stayed. The ARC shall issue a written determination within 30 days after receipt of the additional information. If the applicant fails to provide the requested additional information within said 15-day period, the ARC shall issue a written determination within 30 days after expiration of said 15-day period.

(d)

The ARC is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability.

1.

If an applicant's disability is obvious, or otherwise known to the ARC, and if the need for the requested accommodation is also readily apparent or known, then the ARC shall not request any additional information about the applicant's disability or the disability-related need for accommodation.

2.

If the applicant's disability is known or readily apparent to the ARC, but the need for the accommodation is not readily apparent or known, the ARC may request only information that is necessary to evaluate the disability-related need for the accommodation.

3.

If the applicant's disability is not obvious, the ARC may request reliable disability-related information that:

a.

Is necessary to verify that the person meets the definition of disability,

b.

Describes the needed accommodation, and

c.

Shows the relationship between the person's disability and the need for the requested accommodation.

(e)

Information provided to ARC for a request for accommodation under this section, shall be kept confidential, as permitted by law. The department shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application process, of any request received by the department for disclosure of any information or documentation which the applicant submitted in applying for a reasonable accommodation pursuant to this section. The department will provide reasonable cooperation with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such information or documentation.

(5)

Findings for reasonable accommodation.

(a)

The following findings, while not exhaustive of all considerations and findings that may be relevant, shall be made before any action is taken to approve or deny a request for reasonable accommodation and shall be incorporated into the record relating to such approval or denial:

1.

Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling:

a.

To show that a requested accommodation is necessary; there must be an identifiable relationship, or nexus, between the requested accommodation and the applicant's disability.

2.

Whether the requested accommodation would impose undue financial or administrative burdens on the city.

(b)

A request for reasonable accommodation, made pursuant to this section, shall be denied if it is found that:

1.

The request for reasonable accommodation was not made by or on behalf of a person with a disability, or

2.

There is no disability-related need for the accommodation, or

3.

The requested reasonable accommodation is not reasonable.

a.

A request for reasonable accommodation is not reasonable if:

i.

The requested reasonable accommodation would impose an undue financial or administrative burden on the city, or

ii.

The requested reasonable accommodation would require a fundamental alteration to the city's zoning regulations.

(c)

When a request for reasonable accommodation is denied, reasonable efforts shall be made to cooperate with the applicant to provide an alternative reasonable accommodation that will address the applicant's disability-related needs without resulting in a fundamental alteration to the city's zoning regulations or the imposition of an undue financial and administrative burden on the city.

1.

If, after reasonable efforts, an alternative reasonable accommodation is not approved, the applicant's request for a reasonable accommodation shall be denied.

(d)

Findings made, whether approving or denying the request for reasonable accommodation, shall be in writing and shall state the grounds thereof. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the applicant by certified mail, return receipt requested and by regular mail.

(6)

Appeals.

(a)

Within 30 days after the date the ARC mails a written adverse determination to the applicant, the applicant may appeal the adverse determination.

(b)

Appeals shall be to the board of adjustment pursuant to section 36-364. All determinations on appeal shall address and review the findings made by the ARC pursuant to this section.

(c)

The department shall provide reasonable assistance necessary to an applicant wishing to appeal a denial of a request for reasonable accommodation to the board of adjustment. The applicant is entitled to be represented at all stages of the proceedings identified in this section by a person designated by the applicant.

(7)

Fees. The city shall not impose any fees or costs in connection with a request for reasonable accommodation under the provisions of this section or an appeal of a denial of such request by the ARC. Nothing in this section obligates the city to pay an applicant's attorney fees or costs.

(8)

Stay of enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending, the city will not enforce the zoning ordinance against the applicant.

(9)

Record-keeping. The city shall maintain records of all oral and written requests submitted under the provisions of this section, and the city's responses thereto, as required by state law.

(G.O. 6271, § 1, 4-4-16)

(1)

Composition of commission. The planning and zoning commission shall be constituted in accordance with the Springfield City Charter. Members shall hold office for a term of four years, as set forth in RSMo 89.320. Members may be reappointed; however, no person shall be appointed for more than two consecutive four-year terms.

(2)

Procedure. All meetings of the commission shall be open to the public except as otherwise provided by law. The commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every recommendation or decision of the commission shall be in writing and shall contain the findings of the commission in each case, which shall be immediately filed in the office of the commission and shall be a public record.

(3)

Conduct of hearings by planning and zoning commission. Public hearings conducted by the planning and zoning commission on any matter over which it has jurisdiction shall be subject to the following procedural rules and the commission's adopted rules of procedure:

(a)

Parties in interest, neighborhood and civic organizations, and members of the public shall be afforded an opportunity to appear and be heard at the public hearing, subject to the limitations set forth in the commission's rules of procedure.

(b)

Members of the commission shall base their consideration of matters on which the commission conducts a public hearing upon the following:

1.

Information and comments presented at the hearing, and not upon direct or indirect communication with any party or representative of such party made outside of the hearing;

2.

Reports, memoranda and other materials prepared by the director of planning and development, director of building development services, director of public works, other employees of the City of Springfield or consultants in connection with the application and made a part of the record at the time of hearing;

3.

Inspections of the site;

4.

The Springfield Comprehensive Plan and adopted goals, objectives and policies related to community development; and

5.

The knowledge of matters of fact held by members of the commission, provided any such factual matters shall be made a part of the record at the time of the hearing; and any party to the hearing.

(c)

The commission shall adopt, and may from time to time amend, such additional procedural rules as it may deem necessary or desirable for the efficient and orderly conduct of its business. Copies of such rules shall be available in the office of the director of planning and development.

(Zoning Ord., § 3-2000; G.O. 6235, § 1(exh. A), 10-12-15; G.O. 6272, § 1, 4-4-16; G.O. 6820, § 1, 11-6-23)

(1)

Composition of board. The board of adjustment shall consist of five members and up to three alternates to be nominated by the city manager and appointed by the city council. Members shall serve without compensation. The alternate members may serve on the board of adjustment in the absence of or upon the disqualification of any regular member, in the same capacity and with the same authority as the absent or disqualified regular member. Members and alternates shall hold office for a term of five years. The director of planning and development shall be an ex officio member without power of vote and as an ex officio member of the board shall act as secretary and shall set up and maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, and further keep a record of all notices published as required herein.

(2)

Procedure. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public except as provided by law. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every decision of the board shall be in writing and shall contain a full record of the findings of the board in each case, all of which shall be immediately filed in the office of the board and shall be a public record. The secretary of the board of adjustment shall notify in writing the city council, the planning and zoning commission, landmarks board and the department of building development services, as appropriate, of each decision, interpretation, appeal, special exception, and variance considered under the provisions of this article.

(3)

Powers. The board of adjustment shall have the following powers:

(a)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article in accordance with section 36-364, appeals, of this article;

(b)

To decide any questions involving the determination of the location of any district boundary, if there is uncertainty with respect thereto in accordance with section 36-306, official zoning map and rules for interpretation, of this article;

(c)

To grant variances from the strict application of the terms of this article in accordance with section 36-365, variances, of this article; and

(d)

To allow special exceptions in accordance with section 36-366, special exceptions, of this article.

In considering and deciding appeals and applications for variances and special exceptions, the board acts in a quasi-judicial capacity.

(4)

Conduct of hearings by board of adjustment. Public hearings conducted by the board of adjustment on any matter over which it has jurisdiction shall be subject to the following rules.

(a)

Any person, or his agent, who has an interest in the subject matter of the hearing shall be afforded an opportunity to present evidence, exhibits and argument, and to question, through the chairman of the board of adjustment, witnesses on all relevant issues, subject to the chairman's imposition of reasonable limitations on the number of witnesses, and the nature and length of testimony and questioning.

(b)

All testimony at the hearing shall be under oath, or by affirmation, administered by the chairman.

(c)

The board of adjustment shall have a written record of each public hearing and the deliberations of the board kept.

(d)

Members of the board of adjustment shall base their consideration of matters on which the board conducts a public hearing upon the following information and evidence:

1.

Testimony, exhibits, and argument presented at the hearing, and not upon direct or indirect communication with any party or representative of such party made outside of the hearing;

2.

Reports, memoranda and other materials prepared by the director of planning and development, director of building development services, director of public works, other employees of the City of Springfield or consultants in connection with the application and made a part of the record at the time of hearing; and

3.

Inspections of the site when all interested parties or their representatives have the opportunity to be present, or when no such parties or their representatives are present.

(e)

The board of adjustment shall adopt, and may from time to time amend, such additional procedural rules as it may deem necessary or desirable for the efficient and orderly conduct of its business. Copies of such rules shall be available in the office of the director of building development services.

(5)

Required vote. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official of the city, or to decide in favor of the applicant on any matter upon which it is required to act under this article, such as granting a variance or allowing a special exception.

(6)

Limitation on refiling. No appeal, request, or application to the board of adjustment shall be allowed with respect to the same parcel of land, building, or structure prior to the expiration of six months from the date of the ruling of the board unless a substantial change of circumstances or conditions can be demonstrated by the applicant.

(7)

Recordation of orders of the board. Whenever the board of adjustment shall have acted upon an appeal, application for special exception, or variance the board shall cause its order granting or denying said appeal or application to be recorded in the land records of the county recorder of deeds, however, no order shall be recorded until the order has become final by the passage of 30 days from the date said order is filed in the department of planning and development without an action being filed in a court of competent jurisdiction challenging the issuance of said order or until a court of competent jurisdiction upholds said order if it is challenged within said 30-day period.

(Zoning Ord. § 3-2100)

(1)

Establishment. There is hereby established an administrative review committee.

(2)

Intent. It is the intent of this section to establish a method and procedure for administrative application and enforcement of chapter 36, land development code, Springfield City Code. It is further intended to permit a degree of administrative discretion on questions of a technical and administrative nature and where the application and operation of the land development code is unclear.

(3)

Membership. The administrative review committee shall consist of the following department heads or their authorized representatives:

(a)

The director of building development services;

(b)

The director of public works; and

(c)

The director of planning and development.

(4)

Authority. The administrative review committee may exercise the following authority.

(a)

In those instances where:

1.

The application and/or operation of the land development code is generally unclear; or

2.

The application and/or operation of provisions of chapter 36, Springfield City Code, with regard to a particular situation is not clear; or

3.

The application and/or operation of the regulations will produce results contrary to the intent of the land development code and to commonly accepted land development practice, the committee may make appropriate administrative rulings. In the exercise of this authority, the committee may conduct informal hearings for the purpose of obtaining factual information and expert opinion. All determinations shall be documented in writing and included in the project or permit file. Further, in the exercise of this authority, the committee may impose those restrictions and conditions necessary to achieve the intent of these regulations and may attach such plans and other documents as appropriate to the project or permit.

(b)

Exercise authority expressly granted to the committee by ordinance.

(c)

Conduct factual investigations, as appropriate, regarding matters relating to the land development regulations.

(d)

Act in an advisory capacity to the city manager, city council, and the city's boards and commissions on matters relating to the land development code.

(5)

Committee not to supplant authority of administrative official. Nothing in this section 36-352, administrative review committee, shall be construed to supplant, modify, or limit authority expressly granted to administrative officials. Neither shall the committee serve in any appeal capacity.

(6)

Unanimous consent required. All rulings regarding application and operation of the land development regulations shall require unanimous agreement by the committee. Advisory recommendations do not require unanimous consent, but all dissenting opinions shall be documented.

(7)

Procedures. The administrative review committee shall establish procedures for the exercise of the authority conferred upon it.

(8)

Solicitation of information and comment. The committee may in the course of its deliberation and at its discretion request information and assistance from city officials, departments, agencies, boards and commissions.

(9)

Hearings. The committee may in the course of its deliberation and at its discretion, conduct hearings for the purpose of obtaining factual information and expert opinions. The committee may notify individuals, officials, and organizations which, in the committee's judgment, can provide information pertinent to its proceedings, of the time and place of such hearing.

(10)

Documentation of rulings and findings of fact. The committee shall document in writing all decisions. All such documentation shall be a public record.

(11)

Conditions. The committee, to assure that the intent of the land development code is satisfied and to further the public interest, may impose reasonable conditions on any approval given or permits issued in the exercise of its authority.

(12)

Appeals. Administrative decisions rendered by the committee may be appealed pursuant to applicable provisions of that portion of the land development code pertaining to appeal of administrative decisions, except for decisions regarding cooperative parking plans where it is stated that the officials are exercising their discretion as to a matter where the applicant does not have a right. Then the decision of the administrative officials regarding a cooperative parking plan shall be final and not subject to the jurisdiction of the board of adjustment.

(Zoning Ord., § 3-2200)

(1)

Creation. There is hereby created a landmarks board of Springfield. The landmarks board is the successor to the historical site board and historic district review board.

(2)

Membership. The landmarks board shall consist of nine members. Membership shall include at least one architect with a professional degree in architecture plus at least two years of full-time experience in architecture, or a state license to practice architecture, one licensed real estate agent, one historian or architectural historian, one representative from the mid-town historic district, one representative from the Walnut Street historic district, and one representative from the Commercial Street historic district. For each historic district each member shall be a resident, merchant, property owner, or employed full-time as an architect, real estate agent, or historian/architectural historian, within said historic district. A member from one of the historic districts may also serve as the architect, real estate agent or historian/architectural historian representative. In the event more than three historic districts are established by city council, one member for each additional district, shall be added to the original nine members. All members shall have an interest, competence, or knowledge in historic preservation. Members shall be appointed by city council and shall serve without compensation.

(3)

Terms of membership. Each board member shall serve a three-year term. Members may be reappointed; however, no person shall be appointed for more than two consecutive three-year terms. Members may also be appointed to fill the remainder of vacant terms.

(4)

Powers, duties, and responsibilities. The landmarks board shall have the following powers, duties, and responsibilities:

(a)

To adopt its own rules of procedure;

(b)

To establish advisory committees as it deems necessary, from both within and outside its membership;

(c)

To survey and identify historically and architecturally significant properties as described in subsection 36-404(2);

(d)

To recommend plans and policies with regard to historic preservation;

(e)

To prepare written recommendations to the council regarding designation of historical or architectural resources;

(f)

To recommend to the council the adoption of ordinances designating historic landmarks and historic districts;

(g)

To keep a register of all properties and structures which have been designated as historic sites, historic landmarks or historic districts, including all information required for each designation. This register shall be known as the Springfield Historic Register;

(h)

To prepare, keep current and publish a map or maps showing the locations and exact boundaries of both proposed and designated historic sites, historic landmarks and historic districts except that the board shall have the authority to exclude from the map or maps the location of archaeological sites or other prehistoric, historic, or natural features considered to be susceptible to damage, defacement or destruction;

(i)

To conduct a periodic review of the status of designated historic sites, historic landmarks and historic districts and provide periodic reports on the findings of such review, along with any resolutions or ordinances for action, as considered appropriate, to council;

(j)

To recommend the promulgation of standards for architectural review in addition to those cited in subsection 36-404(3)(d);

(k)

To consider applications for and to approve or disapprove certificates of appropriateness pursuant to subsection 36-404(3) and to prepare written reasons pursuant to that action;

(l)

To consider applications for and issue or deny certificates of economic hardship pursuant to subsection 36-404(4) and to prepare written reasons pursuant to that action;

(m)

To increase public awareness of the value of historical and architectural resources by developing and participating in public information programs and further, by placing monuments and markers at historic sites, historic landmarks and historic districts designated under this article;

(n)

To advise and assist owners of historic sites, historic landmarks and properties or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion on the National Register of Historic Places;

(o)

To review, evaluate and comment on proposed zoning amendments, applications for special use permits or applications for zoning variances that affect proposed or designated historic landmarks and historic districts. The director of planning and development shall send such applications for use permits, rezonings or zoning variances to the landmarks board for comment prior to the date of hearing by the planning and zoning commission or board of adjustment;

(p)

To evaluate, comment and make recommendations concerning actions undertaken by other non-city public agencies with respect to the effect of such actions upon historical and architectural resources, including, but not limited to, reviewing applications for demolition permits for structures 50 years or older, or having historic significance as determined by the landmarks board;

(q)

To evaluate, comment, and make recommendations concerning actions undertaken by other city agencies with respect to the effect of such actions upon historical and architectural resources, including, but not limited to, reviewing applications for demolition permits (prior to issuance) for structures 50 years or older, or having historic significance as determined by the landmarks board;

(r)

To make recommendations to the council concerning grants from federal and state agencies, private groups and individuals and the utilization of budget appropriations to promote the preservation of historic and architectural resources;

(s)

To make recommendations to the council concerning the acquisition by gift, purchase, grant, bequest, devise, lease or otherwise the fee, any lesser interest, development right, easement, including scenic easement, covenant or other contractual right, including conveyance on conditions or with limitations or revisions, in any property in the city;

(t)

To investigate complaints, conduct hearings and recommend the commencement of actions to enforce the provisions of this article; and

(u)

To carry out any other action or activity necessary or appropriate to the implementation of this article or which may be specified by council.

(Zoning Ord., § 3-2300; G.O. 4666, 11-12-96; G.O. 5886, 8-9-10; G.O. 6273, § 1, 4-4-16; G.O. 6583, § 1(Exh. A), 4-6-20; G.O. 6811, § 1, 9-18-23)

(1)

Applicability. Site plans, prepared and approved in accordance with the provisions of this section, shall be required to assist city administrative officials in the review of applications for building permits and to assure compliance with all applicable requirements and standards of this article in such instances as may be required by the terms of this article. Site plans, when required, shall be submitted with applications for building permits. Whenever a site plan is required by this section, or any other provision of this article, the city shall not issue any building permit until a site plan, which is in compliance with the applicable zoning district regulations, is approved.

(2)

Authority.

(a)

The department of building development services, in consultation with the department of planning and development, department of public works and other appropriate city departments, shall, subject to the procedures, standards and limitations hereinafter set forth, review, and approve site plans for those uses listed under subsection (3).

(b)

Any site plan that is required by subsection (3) of this article shall not be approved until all appropriate city departments have reviewed the site plan and made a determination with respect to whether the plan complies with all codes and ordinances of the city.

(c)

Any applicant, owner of property within 185 feet of the subject site or other person, who is aggrieved by a decision of the department of building development services with respect to a site plan may, within 15 days of such decision, appeal to and have a determination made on the matters in dispute by the planning and zoning commission by submitting to the director of building development services a written statement setting forth the statute, ordinance, standard or other requirement alleged to have been violated or improperly applied by the decision of the director of building development services.

(d)

During the period of appeal, no building permit shall be issued.

(3)

Developments and uses requiring a site plan. Site plan review and approval shall be required for any permitted, accessory, or conditional use in any zoning district or for any development for which a development plan has been approved pursuant to section 36-405, planned development district, in accordance with the provisions of this section, unless exempted by subsection (4).

(4)

Exempt development. Notwithstanding any other provision of this article, the following activities and uses shall not require compliance with this section.

(a)

Construction of or additions to a single-family-detached or duplex dwelling on a lot of record.

(b)

Construction of or addition to any permitted accessory use to a single-family-detached or duplex dwelling on a lot of record.

(c)

Deposit and contouring of fill on land, provided all other regulations of the City of Springfield are met.

(d)

Remodeling of a building or structure if no enlargement or expansion is involved.

(e)

Any temporary use permitted by this article.

(5)

Contents of site plan application. Whenever a site plan is required under subsection (3) above, the application for site plan approval shall include the following information and material:

(a)

The applicant's name and address and his legal interest in the subject property.

(b)

The owner's name and address, including trustees, and, if different than the applicant, the owner's signed consent to the filing of the application and authorization for the applicant to act on his behalf.

(c)

The street address (or common description) of the property.

(d)

A legal description and a survey, certified by a registered land surveyor, showing property boundary lines and dimensions; and all easements, roadways, rail lines and public rights-of-way, any part of which, cross or are adjacent to, and affect, the subject property; and that all necessary easements can be obtained.

(e)

A location sketch showing sufficient area and detail to locate the property within the city.

(f)

The zoning classification and present use of the subject property.

(g)

The proposed use or uses and a general description of the proposed development.

(h)

Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at least, water courses, marshes, rock outcroppings and existing contours in excess of two feet in 100 feet.

(i)

Location, size, use and arrangement of all proposed buildings and computations showing height in stories and feet, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and number and size of dwelling units and number of bedrooms, in residential uses, and building separations.

(j)

The minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure.

(k)

The location, dimensions and number of all vehicular and pedestrian circulation elements, including streets, and roadways, driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including slope and gradient of vehicular elements; refuse storage locations; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways.

(l)

The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations.

(m)

All existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention areas, showing size and dimensions of flow.

(n)

The location, size, and arrangement of all proposed outdoor signs.

(o)

The location, height and elevation drawings of proposed fences or screen or buffer plantings and the type or kind of building materials or plantings to be used for fencing or screening.

(p)

The location, designation, and total area of all usable open space.

(q)

A landscaping plan in accordance with section 36-482, landscaping and bufferyards.

(r)

An existing trees protection plan in accordance with section 36-483, landscaping and bufferyards.

(s)

A soil erosion control plan for the period during which construction will be taking place and after construction is complete.

(t)

An exterior lighting plan in accordance with section 36-484, lighting standards.

(u)

In the case of any use for which a conditional use permit has been granted, any information necessary to demonstrate compliance with all conditions imposed by the conditional use permit.

(v)

Any other information that may be required by the director of building development services to determine that the application is in compliance with the codes and ordinances of the city and which the director deems to be necessary or appropriate to a full and proper consideration and disposition of the particular application.

(6)

Procedures for processing site plans. The following procedures shall govern the processing and approval of site plan applications:

(a)

Pre-application conference. Prior to filing a formal site plan application, the applicant may request an informal and non-binding pre-application conference with the director of building development services or his designee. The purpose of the pre-application conference shall be to assist the applicant in bringing the site plan into conformity with these and other regulations applying to the subject property and to define the specific submission requirements for site plan application.

(b)

Application. Applications for site plan approval shall be submitted to the director of building development services in five copies. All maps and graphics, submitted as part of the final site plan application, shall be to a scale deemed appropriate by the director of building development services. A nonrefundable application fee included in the building permit fee, as established from time to time by the city council to help defray administrative costs, shall accompany each application. If the director finds the application to be incomplete, he shall notify the applicant in writing, specifying those elements of standards needed to complete the application. The director of building development services shall not process any site plan application until said application is certified as complete.

(c)

Action by the director of building development services. Within 45 days following the certification of an application, or such longer time as may be agreed to by the applicant, the director of building development services shall review the application and the attached site plan, in terms of the standards established by subsection (8) below. The director shall then either:

1.

Approve the application; or

2.

Approve it subject to the applicant obtaining further specified approvals pursuant to the provisions of this article; or

3.

On the basis of written findings in accordance with subsection (8) below, approve it subject to specific modifications; or

4.

On the basis of such findings, decline to approve the application.

Immediately upon the conclusion of the review by the appropriate city departments, the director of building development services shall return one copy of the applicant's plans to him marked to show either approval, or approval subject to modification, which modifications shall be made and permanently marked on such plans. If modifications are required, the director of building development services shall provide written comments to the applicant regarding such modifications. The failure of the director of building development services to act within said 45 days on any complete application, or such longer time as may be agreed to by the applicant, shall be deemed to be approval of the application.

(d)

Conferences and modifications during review. While reviewing such application, the director of building development services may, or at the request of the applicant shall, meet with the applicant for such conferences concerning the proposed site plan as may be appropriate and may accept amended plans in substitution of those originally submitted. Submission of amended site plans shall constitute a new complete application, and the director of building development services shall have 45 days to review the application from the date of submission of the amended site plan.

(e)

Action by planning and zoning commission. If the director of building development services declines to approve the application, or approves it subject to modifications which are not acceptable to the applicant, such action shall not be deemed final administrative action but shall entitle the applicant to have his application referred to the planning and zoning commission for review and decision of such matters as remained unresolved between the director of building development services and applicant. Such review may be secured by the applicant by filing a written request therefor with the director of building development services within 15 days of the decision by the director of building development services. Upon receipt of such request, the director shall refer, within 15 days, the application and the director of building development services' report thereon to the planning and zoning commission, which shall review and act upon the application in the same manner and subject to the same standards and limitations as those made applicable to the director of building development services, except that the commission shall have 65 days from the date of such referral within which to act. The decision of the planning and zoning commission shall be final.

(7)

Standards for site plan review.

(a)

Standards. The director of building development services shall not deny, and the planning and zoning commission shall not deny, site plans submitted pursuant to this section except on the basis of specific written findings dealing with the following standards:

1.

The application contains or reveals violations of this article or other ordinances of the city which the applicant has after written request, failed or refused to supply or correct.

2.

In the case of a site plan submitted in conjunction with an approved development plan, a conditional use permit, or any other regulations in this article that contain specific development standards, such as the UC, PD or L districts, the site plan does not adequately meet specified standards required by this article with respect to such development, or conditional use or district.

3.

The proposed site plan will result in an unauthorized encroachment or interference with an easement, roadways, rail lines, utilities and public or private rights-of-way.

4.

The proposed site plan does, or will, unnecessarily, and in specified particulars, destroy, damage, detrimentally modify, or interfere with significant natural, topographic, or physical features of the site including, but not limited to, sinkholes, natural springs, and drainage ways.

5.

The circulation elements of the proposed site plan unnecessarily, and in specified particulars, create, or will create: hazards to safety on or off the site; uncoordinated pedestrian or vehicular circulation paths on or off the site; or undue interference with or inconvenience to vehicular or pedestrian travel.

6.

The screening and buffer area landscaping of the site does not, or will not, as required in section 36-480, screening and fencing, and section 36-482, landscaping and bufferyards, provide adequate shielding from or for nearby uses with which the proposed use may be incompatible.

7.

The proposed site plan does, or will, and in specified particulars, creates drainage or erosion problems.

8.

In the case of site plans for approved development plans, the proposed site plan fails, in specified particulars, to conform to the approved planned development district.

(b)

Alternative approaches. In citing any of the foregoing standards, other than those of subsection (7)(a)1, as the basis for declining to approve or for disapproving a site plan, the director of building development services may suggest alternate site plan approaches which could be utilized to avoid the specified deficiency and may state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.

(8)

Effect of site plan approval. If the director of building development services or the planning and zoning commission approves the application or approves it subject to further specified approvals or to modifications which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, enlargement or moving of any building or structure, but shall authorize only the continued processing of applications for any further permits or approvals which may be required by the codes and ordinances of the city, including approvals such as a building permit, a certificate of occupancy or subdivision plat approval.

(9)

Limitations on site plan approval. No site plan approval shall be valid for a period longer than 18 months from the date such approval is issued unless a building permit is issued and construction is begun within that period.

(10)

Amendment. An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this section for original site plan approval.

(Zoning Ord., § 3-3000; G.O. 6467, § 1(Exh. A), 7-16-18)

(1)

Purpose. The purpose of cluster development is to permit a procedure for development which will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will encourage ingenuity and originality in total subdivision and individual site design; and which can preserve open space to serve recreational, scenic and public service purposes and other purposes related thereto, within the densities established for the cluster net tract area. To achieve these goals:

(a)

Variations in lot areas and lot widths are permitted;

(b)

Flexibility in forms of property ownership is permitted;

(c)

A greater variety of building types is permitted in residential zones;

(d)

Procedures are established to assure adequate maintenance and restricted use of open space areas for the benefit of the inhabitants of the subdivisions or for dedication to public use; and

(e)

Procedures are established to assure adequate protection of existing and potential developments adjoining the proposed cluster development.

(2)

Cluster housing development: dwelling types and size.

(a)

Only uses specified in the particular zoning district are permitted.

(b)

Cluster developments shall consist of at least ten dwelling units except that cluster developments that are found by the planning and zoning commission to be a logical extension of an existing or approved cluster development may contain fewer dwelling units.

(3)

Cluster housing development: standards.

(a)

Modification of yard and lot requirements. Modification of yard and lot requirements including minimum lot widths may be permitted. Such modifications and variations must be shown on the cluster preliminary subdivision plat.

(b)

Minimum lot size. The minimum size of a lot of record within a residential cluster development shall be:

1.

Three thousand square feet in the R-SF and R-MHC districts.

2.

Two thousand square feet in the R-TH and R-LD districts.

3.

One thousand square feet in the R-MD and R-HD districts.

(c)

Public sewer and water required. All dwellings and other buildings shall be served with public sewer and water facilities.

(4)

Cluster open space requirements: ownership.

(a)

[Minimum lot size.] In each zone allowing cluster housing development, the lot size may be reduced from the minimum lot area prescribed for that zone to the minimum lot size for cluster development specified in subsection (3)(b). All such lot reductions shall be compensated for by an equivalent amount of land in open space or common area to be preserved and maintained for its scenic or historic value, for recreation or conservation purposes, or for schools, community buildings, historic buildings or sites, or related uses. Cluster open space or common area shall not include areas devoted to public or private vehicular streets or any land which has been, or is to be, conveyed to a public agency via a purchase agreement.

(b)

Public ownership. Open space or common area within cluster housing developments may be offered for dedication to the public at the time of application. The planning and zoning commission and city council or other appropriate public body may accept such dedication upon a finding that the size, location, type of development or cost of development or maintenance of such open space or common area or the availability of public open space would make public use desirable or necessary.

(c)

Private ownership. Cluster open space not dedicated to public use shall be protected by legal arrangements, satisfactory to the planning and zoning commission, sufficient to assure its maintenance and preservation for whatever purpose it is intended and in accordance with section 36-463, requirements for common open space and common improvements. Covenants or other legal arrangements shall specify ownership of the cluster open space; method of maintenance, responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the planning and zoning commission and city council and any other specifications deemed necessary by the planning and zoning commission and city council.

(5)

Cluster developments: approval.

(a)

No cluster development may be constructed except in accordance with a preliminary subdivision plat approved by the planning and zoning commission under chapter 36, article II, subdivision regulations.

(b)

An approved preliminary subdivision plat for a cluster development shall provide for a total environment better than that which can be achieved under standard regulations. If, in the opinion of the planning and zoning commission, the proposed plan could be improved, with respect to the criteria listed below, by the reasonable modifications of the location of cluster open space or buildings or configurations of lots, streets and parking areas, the proposed plan shall be so modified or denied.

(c)

A permit for a cluster development shall be granted only if evidence is presented which establishes that:

1.

The proposed development will be in harmony with the general purposes, goals, objectives and standards of the Springfield Comprehensive Plan, this article and the subdivision regulations;

2.

The proposed building or use complies with all applicable regulations of this article except as modified pursuant to the authority of this section;

3.

The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;

4.

The proposed cluster development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property, in accordance with the applicable district regulations;

5.

The proposed cluster development will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;

6.

The proposed cluster development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;

7.

Individual lots, buildings, streets, and parking areas are designed and situated to minimize alteration of the natural site features to be preserved;

8.

The usability of cluster open space intended for recreation or public use is determined by size, shape, topographic and location requirements of the particular purpose proposed for the site;

9.

Cluster open space shall include irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of a significant size, and rock outcroppings);

10.

Cluster open space intended for a recreation or public use is easily accessible to pedestrians, which accessibility shall meet the needs of the handicapped and elderly;

11.

Diversity and originality in lot layout and individual building design is encouraged to achieve the best possible relationship between development and the land; and

12.

Individual lots, buildings, and units are arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen the land area devoted to motor vehicle access.

(Zoning Ord., § 3-3100; G.O. 6467, § 1(Exh. A), 7-16-18)

(1)

Purpose. The purpose of zero-lot-line construction is to permit a procedure for development which will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will encourage ingenuity and originality in total subdivision and individual site design; and which can preserve open space to serve recreational, scenic and public service purposes and other purposes related thereto, within the densities established by the zoning district in which zero-lot-line construction is permitted.

(2)

Zero side yard. The side yard setback in any residential district may be zero on one side of the lot provided that:

(a)

The lot adjacent to that side yard is also owned by the applicant or proof of consent is provided from the adjacent lot owner at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten feet;

(b)

The adjacent side yard setback is perpetually maintained free and clear of any obstructions other than a three-foot eave encroachment, normal landscaping, patios, garden walls or fences unless it is a zero side yard;

(c)

The wall located at the zero side yard setback is constructed with easily maintained, solid material without windows;

(d)

No portion of the dwelling or architectural features project over any property lines; and

(e)

The zero side yard is not adjacent to a public or private street or alley right-of-way.

(3)

Zero rear yard. The rear yard setback in any residential district may be zero provided that:

(a)

The lot adjacent to that rear yard is also owned by the applicant or proof of consent is provided from the adjacent lot owner at the time of initial construction and the minimum rear yard setback satisfies the rear yard setback requirements of the zoning district, however in no case shall the minimum rear yard be less than ten feet unless it is zero;

(b)

The adjacent rear yard setback is perpetually maintained free and clear of any obstructions other than a three-foot eave encroachment, swimming pools, normal landscaping, patios, garden walls or fences unless it is a zero rear yard;

(c)

The wall located at the zero rear yard setback is constructed with easily maintained, solid material without windows;

(d)

No portion of the dwelling or architectural features project over any property lines; and

(e)

The zero rear yard is not adjacent to a public or private street or alley right-of-way.

(4)

Location of zero yards.

(a)

In the R-SF, R-TH, R-MHC, and R-LD residential districts, no lot may have both a zero side yard and a zero rear yard.

(b)

In the R-MD and R-HD residential districts, a lot may have both a zero side yard and a zero rear yard.

(5)

Recording maintenance and use easements. Appropriate maintenance and use easements shall be included on the final plat for all affected properties.

(6)

Placement of zero yard wall. The zero side or rear yard wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot.

(7)

Application and review. Before construction of a zero-lot-line dwelling commences, a major subdivision shall be submitted and approved per the subdivision regulations.

(Zoning Ord., § 3-3200; G.O. 6404, § 1, 11-13-17)

(1)

Purpose. The conditional use permit procedure is designed to provide the planning and zoning commission and the city council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable in a zoning district, but which may also have the potential for a deleterious impact upon the health, safety and welfare of the public. The purpose of the review is to determine whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to avoid, minimize, or mitigate any potentially adverse effects upon the community or other properties in its vicinity. The discretionary conditional use permit procedure is designed to enable the planning and zoning commission and the city council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a conditional use permit when it is apparent that a proposed use or structure will or may cause harm to the community or injury to the value, lawful use and reasonable enjoyment of other properties in the vicinity of the proposed use or structure.

(2)

Authorized conditional uses. The planning and zoning commission may recommend, and the city council may authorize, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts. No conditional use shall be authorized unless this article specifically authorizes such conditional use to be granted and unless such grant complies with all of the applicable provisions of this article.

(3)

Contents of application. An application for a conditional use permit shall be filed with the department of planning and development. The application shall contain the following information as well as such additional information as may be prescribed by rule of the planning and zoning commission or the director of planning and development.

(a)

The applicant's name and address and his legal interest in the subject property.

(b)

The owner's name and address, including trustees, and, if different than the applicant, the owner's signed consent to the filing of the application and authorization for the applicant to act in his behalf.

(c)

The street address (or common description) and a copy of the deed of record or legal description of the property as prepared by and certified by a land surveyor or attorney.

(d)

The zoning classification and present use of the subject property.

(e)

A description of the proposed conditional use.

(f)

The names and addresses of all owners of real property, as shown on the records of the county assessor, adjacent to, or within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company, title company, county assessor's office, City of Springfield, or attorney at law.

(g)

A site plan, pursuant to section 36-360, site plan review, of this article.

(h)

A statement as to why the proposed conditional use will comply with the applicable standards in subsection (10) [of this section].

(i)

A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected.

(j)

An identification of any potentially adverse effects that may be associated with the proposed conditional use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects.

(4)

Hearing on conditional use permit application. A public hearing on an application for a conditional use permit shall be held and notice thereof given in the manner and form required by section 36-368, publication and posting of notices, of this article. No public hearing on a conditional use permit application shall be held unless the director of planning and development, or his duly designated delegate, has certified to the planning and zoning commission that the application is complete and does not contain or reveal violations of this article or other applicable regulations.

(5)

Conditions and restrictions. In granting a conditional use, the planning and zoning commission may recommend, and the city council may impose such conditions, safeguards and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set out in subsection (10) of this article [section] to avoid, or minimize, or mitigate any potentially adverse or injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this article. Such conditions shall be set out in the ordinance approving the conditional use permit.

(6)

Decisions and records. The planning and zoning commission shall, after the public hearing is concluded, transmit to the city council its recommendation containing specific findings of fact on the proposed conditional use without unreasonable delay and in all cases, within 30 days from the close of the hearing. The secretary of the planning and zoning commission shall maintain complete records of all actions of the commission and the city council with respect to applications for conditional use permits.

(7)

Effect of issuance of a permit for a conditional use. The issuance of a conditional use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, structural alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals, which may be required by the codes and ordinances of the city, including, but not limited to, a building permit, a certificate of occupancy or subdivision approval.

(8)

Period of validity.

(a)

No conditional use permit shall be valid for a period longer than 18 months from the date on which the city council grants the conditional use permit, unless within such 18 months period:

1.

A building permit is obtained and the erection or alteration of a structure is started; or

2.

An occupancy permit is obtained and the conditional use commenced.

The city council may grant one additional extension not exceeding 18 months, upon written application, without notice or hearing provided such grant is approved by city council prior to the expiration of the original 18-month period. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a conditional use permit. This additional extension shall be considered to have begun on the date of expiration of the original conditional use permit regardless of when this additional extension is granted by city council.

(b)

When a conditional use is discontinued or abandoned for a period of 12 consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed unless a new conditional use permit is granted by city council consistent with this section. The burden of proof shall be on the property owner to show that the conditional use has not been discontinued or abandoned for a period of 12 consecutive months or longer.

(9)

Amendments. Amendments or changes as to the use authorized by the conditional use process must follow the same process as the original conditional use application. Expansions or additions to structures associated with conditional uses may be approved by the director of planning and development without further conditional use authorization under the following circumstances:

(a)

Said proposed expansion is limited to a structural addition to an existing building not to exceed ten percent of the gross building floor area within the existing structure to be expanded.

(b)

Said proposed expansion is limited to one time subsequent to the original conditional use authorization.

(c)

Said proposed expansion is reviewed and approved by the director of planning and development with the determination that such expansion does not violate any of the conditions set forth in the original conditional use authorization, does not require further imposition of new conditions and does not adversely impact surrounding properties.

(10)

Standards. An application for a conditional use permit shall be granted only if evidence is presented at the public hearing which establishes the following:

(a)

With respect to all proposed conditional uses, to the extent applicable:

1.

The proposed conditional use will be consistent with the adopted policies in the Springfield Comprehensive Plan;

2.

The proposed conditional use will not adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;

3.

The proposed conditional use will adequately provide for safety from fire hazards, and have effective measures of fire control;

4.

The proposed conditional use will not increase the hazard to adjacent property from flood or water damage;

5.

The proposed conditional use will not have noise characteristics that exceed the sound levels that are typical of uses permitted as a matter of right in the district;

6.

The glare of vehicular and stationary lights will not affect the established character of the neighborhood, and to the extent such lights will be visible from any residential district, measures to shield or direct such lights so as to eliminate or mitigate such glare are proposed;

7.

The location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site;

8.

Such signs will not have an adverse effect on any adjacent properties;

9.

The street right-of-way and pavement width in the vicinity is or will be adequate for traffic reasonably expected to be generated by the proposed use;

10.

The proposed conditional use will not have any substantial or undue adverse effect upon, or will lack amenity or will be incompatible with, the use or enjoyment of adjacent and surrounding property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;

11.

The proposed conditional use will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration shall be given to:

a.

The location, nature and height of buildings, structures, walls and fences on the site; and

b.

The nature and extent of landscaping and screening on the site.

12.

The proposed conditional use, as shown by the application, will not destroy, damage, detrimentally modify or interfere with the enjoyment and function of any significant natural topographic or physical features of the site;

13.

The proposed conditional use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;

14.

The proposed conditional use otherwise complies with all applicable regulations of this article, including lot size requirements, bulk regulations, use limitations and performance standards;

15.

The proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public;

16.

Off-street parking and loading areas will be provided in accordance with the standards set out in sections 36-455, 36-456, and 36-483 of this article, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect;

17.

Adequate access roads or entrance or exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys;

18.

The vehicular circulation elements of the proposed application will not create hazards to the safety of vehicular or pedestrian traffic on or off the site, disjointed vehicular or pedestrian circulation paths on or off the site, or undue interference and inconvenience to vehicular and pedestrian travel;

19.

The proposed use, as shown by the application, will not interfere with any easements, roadways, rail lines, utilities and public or private rights-of-way;

20.

In the case of existing structures proposed to be converted to uses requiring a conditional use permit, the structures meet all fire, health, building, plumbing and electrical requirements of the City of Springfield;

21.

The proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

(b)

With respect to conditional use permit applications for the uses listed below, the proposed conditional use will, in addition, comply with the restrictions following each use.

1.

Towers exceeding 100 feet in height.

a.

Purpose. The purpose of these restrictions is to:

(i)

Minimize the adverse effects of towers on aesthetic and property values through careful design, siting and vegetative screening;

(ii)

Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures;

(iii)

Lessen traffic impacts on local streets;

(iv)

Maximize use of existing towers to reduce the number of towers needed; and

(v)

Allow new towers in the center city area, as defined herein, only if a comparable site is not available outside the center city area.

b.

Applicability. In all districts where towers are permitted a principal or accessory uses, a conditional use permit shall be required where:

(i)

The tower exceeds 100 feet in height; or

(ii)

the tower is on a building, exceeds 20 feet in height, as measured from the top of the building, and the combined height of the building and tower exceeds 100 feet.

c.

Exemptions. An antenna and tower for the following uses are exempt from these requirements and are permitted uses in any district if accessory to a permitted use and if they comply with the applicable regulations of the district in which situated:

(i)

Ham radios; and

(ii)

Citizen band radios.

d.

Approval standards. All applications for a conditional use permit for a tower shall comply with the following requirements. Site includes all property described by the legal description submitted with the conditional use permit application and may be only part of a larger parcel.

(i)

Structures shall be set back from adjoining residential-zoned property, public property, or streets sufficient to:

A.

Contain on-site substantially all ice-fall or debris from tower failure;

B.

Preserve the privacy of adjoining residential-zoned property. The site is of sufficient size to comply with this standard if:

i.

Accessory structures comply with the setback standards in the zoning district;

ii.

The tower base is set back from adjoining residential-zoned property, public property or a street by a distance equal to 50 percent of the height of the tower up to 100 feet, plus one foot for each foot over 100 feet in height, unless the tower is designed for collocation of at least two additional carriers in which case the setbacks for structures in the zoning district where the tower is located shall be complied with, or the distance between the tower base and guy wire anchors, whichever is greater;

iii.

The tower is set back from adjoining land in other districts by the rear yard setback required in the adjoining district;

iv.

Guy wire anchors are set back at least 25 feet from an adjoining residential-zoned property, public property or a street; and

v.

Guy wire anchors are set back at least the rear yard setback from adjoining land in other districts.

C.

Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located.

(ii)

The tower shall be set back from other on- and off-site towers and supporting structures far enough so one tower will not strike another tower or support structure if a tower or support structure fails.

(iii)

The tower shall have the least practicable adverse visual effect on the environment. A tower complies with this standard if it has a galvanized finish, is painted silver, or, if constructed of aluminum remains unfinished and is not artificially lighted, unless state or federal regulations require certain painting or lighting standards. If there is an existing building or proposed building on the site of the proposed tower, every attempt shall be made to place the tower so that the building is located between the tower and the adjoining street or to incorporate the tower in the design of the building to reduce the visual impact of the tower. If more than one street adjoins the proposed site, the building should be sited between the tower and the street with the highest functional street classification as designated by the major thoroughfare plan. If two or more streets have the same functional street classification, the building should be sited between the tower and the street with the highest current traffic volumes.

(iv)

Existing on-site trees and shrubs shall be preserved to the maximum extent practicable.

(v)

Where the tower base or related facilities are located within 300 feet of residential-zoned property, public property or a street without an intervening building, the tower base and related facilities shall be landscaped as follows:

A.

For all towers:

i.

At least one row of evergreen shrubs spaced not more than five feet apart and capable of forming a continuous hedge at least five feet in height within two years of planting shall be located within 20 feet of the tower base and related facilities to provide a screen from residential-zoned property, public property or a street.

ii.

At least one row of evergreen trees or shrubs, at least four feet high when planted and spaced not more than 15 feet apart shall be located within at least 50 feet of the tower base and related facilities.

B.

For a tower greater than 200 feet tall, at least one row of deciduous trees, not less than one and one-half inches diameter measured three feet above grade, and spaced not more than 20 feet apart and located within 75 feet of the tower base and related facilities.

C.

Vegetation, topography, walls, fences and features other than those required above may be used or the plantings required above may be located elsewhere on the site or the larger parcel of which the site is a part if the city council finds they:

i.

Achieve about the same degree of or greater screening as the plantings required above;

ii.

Affect the stability, security, or maintenance of guy wires;

iii.

Are needed for surveillance and security of structures; or

iv.

Are used for continued operation of a forest or agricultural uses.

D.

If city council finds the planting requirement specified above would serve no useful purpose, the requirement may be waived provided the applicant pays a fee-in-lieu equal to the developer's cost for purchasing and installing similar plantings. Such fee shall be paid in cash or cashier's check and shall be used to purchase and install plantings in public rights-of-way, parks, and schools as identified in the city's capital improvement program.

E.

All plant material shall be tended and maintained in a healthy growing condition and replaced when diseased, irreparably damaged, or dead. The buffer yard required above shall be planted in lawn unless ground cover is already established and shall be kept neat, clean and free from litter, debris, and noxious weeds.

(vi)

Traffic associated with the facility shall not adversely affect adjoining streets. Vehicular access shall be limited to a major street if the site adjoins both a major and local street.

(vii)

At least two off-street parking spaces and one additional space for each two on-site personnel shall be provided unless more than 30 spaces already exist on the same premises and use of such spaces for tower personnel is available and authorized by the owner of the premises. Parking shall be screened in accordance with section 36-480, screening and fencing.

(viii)

A tower shall be sited outside of Central Springfield unless it is demonstrated:

Sites outside the center city will not accommodate the proposed tower, considering size, topography and physical features; or

The proposed equipment or its equivalent on a tower outside the center city cannot function effectively or at least in parity with other similar equipment in place or approved by the Springfield City Council.

For the purposes of these restrictions, the Central Springfield is defined as the area of Springfield containing the central business district and most of the historically and architecturally significant resources of the city, specifically defined by the south boundary of the railroad right-of-way north of Commercial Street on the north, Glenstone Avenue on the east, Grand Street on the south and Kansas Expressway on the west.

Planned equipment will cause RF interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost.

e.

Application contents. An application for approval of a new transmission tower shall include:

(i)

A site plan drawn to scale and identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed, or replaced; and uses, structures, and land-use designations on the site and adjoining parcels;

(ii)

A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features; and

(iii)

Evidence that the planned transmission facilities cannot be accommodated on an existing or approved tower and that the planned tower cannot be accommodated on an existing or approved tower site. The city council may consider expert testimony to determine whether other towers or sites could accommodate the planned facilities and whether fees and costs associated with the use of an existing or planned tower or site are reasonable.

f.

Conflict with FCC or FAA regulations. In the event there is a conflict between these regulations and Federal Communications Commission (FCC) or Federal Aviation Administration (FAA) regulations, the FCC or FAA regulations shall govern.

2.

Bed and breakfasts.

a.

Purpose. The purpose of these requirements is to minimize any possible adverse effects of a bed and breakfast on the surrounding neighborhood while providing opportunities to make better use of existing housing, particularly larger, older houses located on major streets.

b.

Approval standards. All applications for a conditional use permit for bed and breakfasts shall comply with the following requirements.

(i)

The use shall front on a primary arterial street, if the property is zoned R-SF, or on a collector street, if the property is zoned another zoning district, or a street with a higher functional classification as designated by the major thoroughfare plan.

(ii)

There shall be a maximum of five guest rooms in the bed and breakfast.

(iii)

The bed and breakfast shall be located in an existing structure, i.e. additions shall not be built to provide bed and breakfast rooms nor shall a new structure be built expressly for a bed and breakfast.

(iv)

No exterior alterations that would change the single-family character of the bed and breakfast, other than those necessary to ensure the safety of the structure, shall be made.

(v)

No residential structure shall be removed for parking or to expand the bed and breakfast.

(vi)

Only short-term lodging shall be permitted, no monthly rentals.

(vii)

There shall be no individual cooking facilities.

(viii)

The facilities shall not be rented for receptions, parties, weddings or similar activities unless potential negative impacts, including, but not limited to, traffic, parking, and noise, have been addressed and the activity is specifically permitted in the use permit.

(ix)

One additional paved parking space per guest room shall be provided in the rear yard. Parking shall be screened in accordance with section 36-480, screening and fencing.

(x)

The operator shall live at the bed and breakfast.

(xi)

Only resident guests shall be served meals.

(xii)

Only one non-illuminated sign no larger than 25 square feet shall be permitted.

(xiii)

A business license shall be obtained annually and the owner shall verify that the conditions of the conditional use permit are still being met.

(xiv)

No bed and breakfast shall be located within 500 feet of another bed and breakfast as measured along continuous public street rights-of-way from all streets abutting the bed and breakfast property, nor shall a bed and breakfast be located on property that abuts property on which another bed and breakfast is located.

3.

Jails, prisons, and detention facilities.

a.

Purpose. The purpose of these regulations is to:

(i)

Disperse such facilities in order to avoid concentration of uses that can have a negative effect on adjoining property values;

(ii)

Avoid locating such facilities in close proximity to incompatible land uses; and

(iii)

Ensure that such facilities are operated in a responsible manner.

b.

Approval standards. All applications for a conditional use permit for a jail, prison or detention facility shall comply with the following requirements.

(i)

The facility shall not be located within a 2,000-foot radius, as measured from property lines, of another jail, prison or detention facility, or community corrections facility. However, a jail and a community corrections facility may locate within 2,000 feet of each other if they are located on the same property as each other, and owned and operated by the same person or entity.

(ii)

The facility shall not be located within 750 feet, as measured from property lines, of an elementary or secondary school, park or residential district.

(iii)

The facility shall be approved by the State of Missouri or other appropriate governmental agency.

4.

Adaptive use of nonresidential structures in residential districts.

a.

Purpose. The purpose of these regulations is to allow for the use of structures, originally constructed for nonresidential uses and currently located in residential districts, for selected nonresidential, multiple unit residential and mixed nonresidential and residential uses provided the review by the planning and zoning commission and city council determines the proposed use would not have significant adverse impacts on the surrounding neighborhood. The regulations provide opportunities to make productive use of nonresidential structures that could otherwise be a blight on the neighborhood if left vacant and are not maintained.

b.

Permitted uses. The following uses may be permitted by a conditional use permit; however, a conditional use permit shall only be approved for the specific use requested in the application. A change to a use not specifically listed in the conditional use permit shall require a new application and review.

(i)

Beauty parlors and barber shops.

(ii)

Day care centers, in accordance with chapter 36, article XI, Springfield City Code.

(iii)

Dry cleaning and laundry pick-ups.

(iv)

Elementary and secondary schools and schools or development centers for persons with handicaps or development disabilities.

(v)

Hearing aid and eye glass shops.

(vi)

Museums, art galleries and libraries.

(vii)

Pet grooming with sales of pet grooming products allowed as an accessory use (the following are not accessory to this use and are prohibited: overnight pet stays, the sale of breeding of pets, kennels, veterinarian services and outside activities).

(viii)

Professional and business offices.

(ix)

Residential uses including multiple units, as part of a mixed use development or as a stand-alone use.

(x)

Retail establishments for the following uses: bakery, books, candy, flowers, gifts, and hobby materials.

(xi)

Schools and studios for art, dancing, drama, music, photography, interior decorating, or similar courses of study.

(xii)

Shoe repair.

c.

Approval standards. All applications for a use permit for the uses listed above shall comply with the following requirements:

(i)

Hours during which the establishment is open to the public shall be limited to a daily period extending from 7:00 a.m. to 6:00 p.m. unless specifically modified by the conditional use permit. The applicant shall demonstrate that additional hours are necessary and will not have an adverse impact on adjoining properties.

(ii)

Signage shall be limited to one free-standing sign with a maximum sign area of 20 square feet and wall signs with a maximum sign area of ten percent of the facade. Wall signs shall only be located on facades with street frontage. Signs shall not be internally lit or externally illuminated by any means unless specifically modified by the conditional use permit. The applicant shall demonstrate that lighting of signs is necessary and will not have an adverse impact on adjoining properties or those using the public rights-of-way.

(iii)

Expansions not to exceed 20 percent of the existing floor area of the structure or 1,000 square feet, whichever is less, may be approved at the time the conditional use permit is granted.

(iv)

The proposed conditional use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed use will dominate the immediate neighborhood, consideration shall be given to:

A.

The functional classification of the street on which the site is located;

B.

The surrounding residential densities;

C.

The location, nature, and height of buildings, structures, walls and fences on site;

D.

The amount of parking needed for the proposed use and the amount of parking provided on site; and

E.

The nature and extent of landscaping and screening on the site.

d.

Damage or destruction. In the event that the principal building or structure on the property is damaged or destroyed, by any means, to the extent of more than 75 percent of the replacement cost of the building or structure at the time such damage occurred, such building or structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located and the property shall not continue to be used for the uses permitted by the provisions of this section.

5.

Overnight and transitional service shelters and soup kitchens.

a.

Purpose. The purpose of these regulations is to:

(i)

Provide opportunities for operation of overnight and transitional service shelters and soup kitchens while dispersing such facilities in order to avoid concentration of uses that can have a negative effect on adjoining property values and uses and to avoid stigma to the clients of such facilities based on a perception of any particular location of the city;

(ii)

Avoid locating such facilities in close proximity to incompatible or hazardous land uses; and

(iii)

Ensure that such facilities are operated in a responsible manner for the needs of the clients and surrounding land uses by minimizing any possible adverse effects on the surrounding neighborhood.

b.

Approval standards. All applications for a conditional use permit for overnight and transitional service shelters and soup kitchens shall describe the type of service intended to be delivered at that location and comply with the following requirements.

(i)

The use shall front on a primary or secondary arterial street, if the property is zoned restricted industrial (RI), light industrial (LI), general manufacturing (GM), or heavy manufacturing (HM), or on a collector street or a street with a higher functional classification as designated by the major thoroughfare plan in any other district where permitted.

(ii)

There shall be a maximum occupancy of 50 beds for overnight shelters in all districts.

(iii)

Only residents of the shelter shall be served meals unless a soup kitchen is specifically approved as an activity at the time of the application for a use permit.

(iv)

A business license shall be obtained annually and the owner shall verify that the conditions of the conditional use permit are still being met.

(v)

No overnight shelter or soup kitchen shall be located within 2,000 feet of another overnight shelter, soup kitchen, substance abuse treatment facility, or community corrections facility, or 2,000 feet from any transitional service shelter as measured from property lines.

(vi)

No transitional service shelter shall be located within 2,000 feet of transitional service shelters, overnight shelters, or soup kitchens, substance abuse treatment facilities, or community corrections facilities as measured from property lines.

(vii)

The proposed conditional use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed use will dominate the immediate neighborhood, consideration shall be given to:

A.

The functional classification of the street on which the site is located; and

B.

The surrounding residential districts; and

C.

The location, nature and height of buildings, structures, walls and fences on site; and

D.

The amount of parking needed for the proposed use and the amount of parking provided on site; and

E.

The nature and extent of landscaping and screening on the site; and

F.

The number of visitor trips anticipated each day to the site for services other than lodging, or lodging and meals for clients of the shelter; and

G.

The number of meals that will be served at a soup kitchen.

(viii)

At least one off-street parking space for every three beds a shelter is to be licensed or approved for or for every three seats a soup kitchen is authorized for the serving of meals except in those districts where there is no parking requirement.

(ix)

That adjacent uses do not involve the manufacture, storage, or use of explosive compounds or combustibles which will pose a threat of bodily harm to the clients and visitors of the shelter or soup kitchen.

(x)

Any structure is set back from adjoining land in other districts by the rear yard setback required in the adjoining district.

(xi)

Existing on-site trees and shrubs shall be preserved to the maximum extent possible.

(xii)

There will be no outside storage of equipment or materials or outdoor operations except as specifically authorized by the conditional use permit.

(xiii)

In no event shall a certificate of occupancy be issued for an overnight shelter, transitional service shelter or soup kitchen herein if it is less than 1,000 feet from an elementary or secondary school as measured from property lines.

6.

Community corrections facilities.

a.

Purpose. The purpose of these regulations is to:

(i)

Provide opportunities for the operation of community corrections facilities while dispersing such facilities in order to avoid concentration of uses that can have a negative effect on adjoining property values and uses;

(ii)

Avoid locating such facilities in close proximity to residential, school, museum and library uses;

(iii)

Ensure that such facilities are operated in a responsible manner for the needs of the clients and surrounding land uses by minimizing any possible adverse effects on the surrounding neighborhood.

b.

Approval standards. All applications for a conditional use permit for community corrections facilities shall describe the type of service intended to be delivered at that location and comply with the following requirements:

(i)

There shall be a maximum occupancy of 65 beds for all corrections facilities.

(ii)

A business license shall be obtained annually and the owner shall verify that the conditions of the conditional use permit are still being met.

(iii)

No community corrections facility shall be located within 2,000 feet of any other community corrections facility or any jails, prisons or detention facilities, emergency shelters, soup kitchens or substance abuse treatment facility as measured from property lines. However, a jail and a community corrections facility may locate within 2,000 feet of each other if they are located on the same property as each other, and owned and operated by the same person or entity.

(iv)

No community corrections facility may be located in such close proximity to a legal residential use so as to adversely impact the residential use taking place. As a condition of the use permit, city council may require a buffer yard and/or screening to minimize the impact.

(v)

No community corrections facility may be located within 750 feet of any elementary or secondary school, library, museum, or any residential zoning district.

(vi)

The proposed conditional use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed use will dominate the immediate neighborhood, consideration shall be given to:

A.

The functional classification of the street on which the site is located; and

B.

The surrounding residential districts and uses; and

C.

The location, nature and height of buildings, structures, walls and fences on site; and

D.

The amount of parking needed for the proposed use and the amount of parking provided on site; and

E.

The nature and extent of landscaping and screening on the site; and

F.

The number of visitor trips anticipated each day to the site by visitors, staff and residents; and

(vii)

Any structure shall be set back from adjoining land in other districts by the rear yard setback required in the adjoining district.

(viii)

Existing on-site trees and shrubs shall be preserved to the maximum extent possible.

(ix)

There will be no outside storage of equipment or materials or outdoor operations except as specifically authorized by the conditional use permit.

7.

Marijuana and medical marijuana facilities.

a.

Purpose. The purpose of these regulations is to:

(i)

Permit legal sale of marijuana as set forth therein and provide detailed obligations for establishing rules and regulations for the manufacture, processing, infusing and sale, including tracking, testing, security and background checks;

(ii)

Avoid locating such facilities in close proximity to elementary and secondary schools, churches and child day care center uses;

(iii)

Ensure that such facilities are operated in a responsible manner for the needs of the clients and surrounding land uses by minimizing any possible adverse effects on the surrounding neighborhood.

b.

Approval standards. All applications for a conditional use permit for marijuana or medical marijuana facilities shall describe the type of service intended to be delivered at that location and comply with the following requirements:

(i)

Unless otherwise permitted, no new marijuana or medical marijuana facility shall be sited, at the time of application for zoning approval, within 1,000 feet of any then-existing elementary or secondary school, child day care center, or church.

A.

In the case of a freestanding facility, the distance between the facility and the school, child day care center, or church shall be measured from the external wall of the facility structure closest in proximity to the school, child day care center, or church to the closest point of the property line of the school, child day care center, or church.

B.

If the school, child day care center, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, child day care center, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, child day care center, or church shall be measured from the property line of the school, child day care center, or church to the facility's entrance or exit closest in proximity to the school, child day care center, or church. If the school, child day care center, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, child day care center, or church closest in proximity to the facility.

C.

Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.

D.

For purposes of this subsection, a "child day care center" means a child-care facility, as defined by Section 210.201 RSMo., or its successor provisions, that is licensed by the State of Missouri.

E.

For purposes of this subsection, a "church" means a permanent building primarily and regularly used as a place or religious worship.

F.

For purposes of this subsection, an "elementary or secondary school" means any public school, as defined in Section 160.011 RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, but does not include any private school in which education is primarily conducted in private homes.

(ii)

A business license shall be obtained annually, and the owner shall verify that the conditions of the conditional use permit are still being met.

(iii)

The marijuana or medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.

(iv)

No marijuana or medical marijuana facilities shall be located in a building that contains a residence.

(v)

Facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices including, but not limited to, engineering controls, such as system design and operational processes, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources. No use shall emit an odor that creates a nuisance in violation of the City Code.

(vi)

The proposed conditional use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed use will dominate the immediate neighborhood, consideration shall be given to:

A.

The functional classification of the street on which the site is located; and

B.

The surrounding residential districts and uses; and

C.

The location, nature and height of buildings, structures, walls and fences on site; and

D.

The amount of parking needed for the proposed use and the amount of parking provided on site; and

E.

The nature and extent of landscaping and screening on the site; and

F.

The number of trips anticipated each day to the site.

(vii)

No marijuana may be smoked, ingested, or otherwise consumer on the premises of a marijuana or medical marijuana facility.

(viii)

All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

(ix)

If multiple licenses are issued for one location, then restrictions for the highest intensity use shall apply.

(x)

All marijuana and medical marijuana facilities shall be closed to the public between the hours of 10:00 p.m. and 6:00 a.m., no person not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises during that time.

(Zoning Ord., § 3-3300; G.O. 4759, 11-10-97; G.O. 4763, 12-15-97; G.O. 4792, 4-13-98; G.O. 4829, 9-8-98; G.O. 5094, 7-9-01; G.O. 5127, 10-29-01; G.O. 5343, 1-12-04; G.O. 5425, 11-15-04; G.O. 5813, 4-6-09; G.O. 5865, 3-8-10; G.O. 6058, 6-17-13; G.O. 6283, 6-13-16; G.O. 6528, § 1, 5-20-19; G.O. 6775, § 1, 1-31-23)

(1)

(a)

Appeals from administrative ruling. The board of adjustment shall be empowered to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article. In this capacity, the board exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine what the article means and how the article applies to a particular fact situation.

(b)

Application for appeal. The application shall contain the following information and such additional information as the board of adjustment may, by rule, require:

1.

The order, requirement, decision, or determination from the administrative official which is allegedly in error.

2.

The name of the administrative official making the order, requirement, decision, or determination being appealed, and the date the order, requirement, decision, or determination was made.

3.

A description of why the order, requirement, decision, or determination made by the administrative official is in error.

4.

The names and addresses of all owners of real property, as shown on the records of the county assessor, adjacent to, or within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company, title company, county assessor's office, City of Springfield or attorney at law.

(2)

Extent of the board's appeal powers. In exercising the authority herein granted, the board may, in conformity with the provisions of this article, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as the board deems appropriate and to that end shall have all powers of the administrative official from whom the appeal is taken.

(3)

When appeals may be taken. Appeals to the board of adjustment may be taken by any person aggrieved or by an officer, department, board, or agency of the City of Springfield affected by a decision of an administrative officer. Appeals shall be taken within 30 days after the decision has been rendered by an administrative officer, by filing with the officer from whom the appeal is taken and with the secretary of the board of adjustment a notice of appeal specifying the grounds of the appeal. The officer from whom the appeal is taken shall forthwith forward to the secretary of the board all the papers constituting the record upon which the action appealed from was taken.

(4)

Burden on applicant. The applicant for an appeal shall bear the burden of producing evidence establishing the grounds of the appeal.

(5)

When appeals to stay proceedings. A notice of appeal properly filed as herein provided shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a proper court order.

(6)

Hearing on appeals. Notice of appeals shall be submitted not less than 28 days prior to a regularly scheduled board meeting. The appellant shall be notified in writing by registered mail of the date, time, and place of the hearing.

(7)

Decision on appeal. Within 30 days after the hearing on an appeal, the board of adjustment shall file with the director of planning and development its findings of fact and conclusions with respect to the appeal. The director of planning and development shall send by first-class mail a copy of the decision to the appellant and upon each other person who requests in writing to be notified. Where the board has determined there was an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article, the director of planning and development shall also refund the appeal application fee to the appellant.

(8)

Appeal from decision of board of adjustment. Appeals from decisions of the board of adjustment may be taken in the manner provided by statute.

(Zoning Ord., § 3-3400; G.O. 5127, 10-29-01; G.O. 5813, 4-6-09)

(1)

Jurisdiction and authority. The board of adjustment shall exercise the jurisdiction and authority to vary the strict or literal terms of this article in accordance with the procedures, standards, and limitations contained in this section and section 36-351, board of adjustment. A variance is the remedy created by this power and is part of the board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of the provisions of this article would, due to special conditions peculiar to a particular property, result in unusual difficulty or hardship.

(2)

Authorized variance. Variances from the regulations and restrictions contained in this article may be granted by the board of adjustment in the following instances.

(a)

A variance of the applicable bulk regulations for buildings and structures, including maximum height, required yard areas, and other required open space.

(b)

A variance of the applicable minimum requirements for lot size, width and depth and setbacks from lot lines.

(c)

A variance of the applicable off-street parking and off-street loading requirements and ratios.

(d)

A variance of the applicable spacing and open space requirements.

(e)

A variance of the design requirements of this article.

(f)

A variance of the buffer area requirements.

(g)

A variance to permit the reconstruction of a nonconforming building which has been destroyed or damaged by fire or other casualty, or act of God or the public enemy, to the extent that the cost of restoration of the building to its condition prior to the destruction or damage does not exceed 75 percent of completely reconstructing the building.

(3)

Standards for variances. The board of adjustment shall not vary the regulations of this article as authorized above unless and until it shall make written findings based upon the particular evidence presented to it in each specific case that:

(a)

The particular physical surroundings, shape, or topographical condition of the specific property involved would result in an unnecessary hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out; and

(b)

The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same zoning classification; and

(c)

The purpose of the variance is not based exclusively upon a desire to enhance the value of the property, or increase the return or income therefrom; and

(d)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located; and

(e)

The alleged hardship has not been created by any person presently having an interest in the property; and

(f)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, or diminish or impair the values thereof; and

(g)

The proposed variance will not impair an adequate supply of light and air to adjacent property, or cause or substantially increase congestion in the public streets, or increase the danger of fire or the spread of fire, or endanger the public safety; and

(h)

The variance, if granted, will not alter the essential character of the neighborhood; and

(i)

The variance requested is consistent with the purposes and intent of this article and the Springfield Comprehensive Plan.

(4)

Use variances not authorized. The board of adjustment shall not be empowered to vary any of the provisions of this article relating to the use of land, buildings, or structures.

(5)

Burden on applicant. The applicant for a variance shall bear the burden of producing evidence establishing that the requested variance satisfies the standards set out in subsection (3).

(6)

Application for variance. An application for a variance may be filed by the owner, including a trustee, of the subject property or by a person having a contractual or possessory interest in the property. Any application filed by a person who is not the owner of the property for which the variance is sought shall be accompanied by evidence of the consent of and authority to act for the owner. The application shall contain the following information and such additional information as the board of adjustment may, by rule, require.

(a)

The particular provisions or requirements of this article which prevent the proposed construction on, or use of, the property.

(b)

The existing district classification of the property.

(c)

The special conditions, circumstances, or characteristics of the land, building, or structure that prevent compliance with the requirements of this article.

(d)

The particular hardship which would result if the specified provisions or requirements were to be applied to the subject property.

(e)

The extent to which it would be necessary to vary the requirements of this article in order to permit the proposed construction on, or use of, the property.

(f)

An explanation of how the requested variance conforms to each of the standards set out in subsection (3).

(g)

The names and addresses of all owners of real property, as shown on the records of the county assessor, adjacent to, or within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company, title company, county assessor's office, City of Springfield or attorney at law.

(h)

A site plan conforming to the requirements of section 36-360, site plan review, of this article.

(7)

Notice of hearing on variance application. Variance applications shall be submitted not less than 28 days prior to a regularly scheduled board meeting. Upon certification by the director of planning and development that an application for a variance is complete, the director of planning and development shall notify the board of adjustment which shall hold a public hearing thereon at their next regularly scheduled meeting, after giving the notice required by section 36-368, publication and posting of notices.

(8)

Extent of variance limited. The board, in exercising its authority to grant variances from this article, shall be empowered to vary the provisions of this article only to the extent necessary to relieve or alleviate the demonstrated hardship.

(9)

Conditions and restrictions. The board of adjustment may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set out in this article to reduce, minimize, or mitigate the effect of such variance upon other property in the neighborhood, and better to carry out the general intent of the article. Failure to comply with any such conditions and restrictions shall constitute a violation of this article.

(10)

Decision on variance. Within 30 days after the public hearing on a request for a variance, the board of adjustment shall file its written decision on the requested variance, supported by findings of fact and conclusions and list of sections varied with respect to the standards in subsection (3), with the director of planning and development. The director of planning and development shall mail, by first-class mail, a copy of the decision to the applicant and upon each other person who requests in writing to be notified, and he shall also record the board's order in the land records of the county recorder of deeds.

(11)

Duration of variance.

(a)

No order of the board of adjustment granting a variance shall be valid for a period of longer than one year from the date of such order unless the action that precipitated the request for the variance (subdivision of land, construction, change in use, etc.) is commenced within such period and pursued to completion without unnecessary delay on the part of the person holding the title or beneficial interest in the property for which the variance was granted.

(b)

After conducting a public hearing with the notice required by section 36-368, publication and posting of notices, the board of adjustment may vacate a previous order of the board granting a variance to be null and void if the board finds the conditions that created the need for a variance cease to exist and any actions permitted by the granting of the variance have not commenced.

(Zoning Ord., § 3-3500; G.O. 5127, 10-29-01; G.O. 5813, 4-6-09; G.O. 6467, § 1(Exh. A), 7-16-18)

(1)

Jurisdiction and authority. The board of adjustment shall have jurisdiction and authority to grant special exceptions from the terms of this article in the following instances:

(a)

Off-street parking. The board of adjustment may grant a special exception from the minimum off-street parking requirements if it can be shown that, due to unique circumstances, a particular activity would not reasonably be expected to generate parking demand sufficient to justify the parking requirement. Any special exception granted by the board of adjustment shall not allow a greater building area than would have been possible had the original parking requirement been enforced. The board of adjustment may place conditions upon the granting of a special exception, and may require that the parking area not required upon the granting of the special exception be landscaped.

(b)

Off-street church parking not located with church building. The board of adjustment may grant a special exception to allow the use of property in any district for off-street parking of passenger cars for a church, provided the following conditions are met.

1.

The property is owned by the church for which the parking is to be provided.

2.

The setback requirements of the district shall be met.

3.

The parking area shall not extend a distance greater than 500 feet from the lot upon which the church is located.

4.

Lighting shall be designed to reflect away from any adjacent residential areas and in accordance with section 36-484, lighting standards.

5.

The parking lot layout and drainage has been approved by the public works department.

6.

The parking area is to be paved with asphaltic or cement concrete and to be provided with a six-inch high curb to prevent vehicular encroachment into required yard areas.

7.

The parking area meets the requirements for bufferyards and landscaping in section 36-482, landscaping and bufferyards.

(c)

Fences, walls and hedges in front yards. In any multifamily or nonresidential zoning district, the board of adjustment may grant a special exception to permit a fence, wall, or hedge in a required front yard in excess of the height prescribed in subsection 36-453(6)(a)2 provided the following conditions are met:

1.

The proposed fence, wall, or hedge, in no event, exceeds a height of seven feet.

2.

The proposed fence, wall or hedge either satisfies the requirements in subsection 36-453(6)(a)2 regarding open voids; or that the proposed fence, wall or hedge complies with the following:

a.

It screens a parking lot.

b.

The open voids are not needed for safety.

c.

If the fence adjoins an R-SF, R-TH or R-MHC tract, then no part of the fence would be placed within a triangular area determined by measuring 25 feet from the right-of-way line down the side property line of the two tracts, and 100 feet along the right-of-way line of the subject tract, and by a diagonal connecting the outermost points of the two lines.

3.

The proposed fence, wall or hedge otherwise satisfies the requirements of subsection 36-453(6)(b) regarding sight triangles at intersecting streets and driveways intersecting public streets. In particular, no fence, structure, or plant shall be erected or allowed to grow above a point two feet above the lowest grade of two or more intersecting streets and/or driveways shall be permitted within the area of a triangle measuring 30 feet along the pavement edge of the intersecting streets or driveways.

4.

The proposed fence, wall, or hedge shall not be located in the required right-of-way of the adjoining street based on the classification of the street (subsection 36-303(17)).

5.

The proposed fence is compatible with the general area and with adjoining properties. In particular, the fence shall not unduly obstruct views along the street to the detriment of the overall streetscape and shall not deviate substantially from the front yard treatment common to the street and for similar properties in the vicinity.

(d)

Nonconforming use change.

1.

The board of adjustment may grant a special exception to allow a nonconforming use to be changed to any other use permitted in the zoning district in which the nonconforming use is allowed provided the proposed use is not more intense than the existing use in terms of activity, traffic generation, and other impacts on surrounding property.

2.

When a nonconforming use has been changed to any conforming use allowed by the district in which the property is located, it shall not thereafter be changed back to a nonconforming use.

(e)

Height of accessory structures. The board of adjustment may grant a special exception to allow an accessory structure in any district to exceed the height requirements for accessory structures provided all of the following conditions are met:

1.

The proposed accessory structure shall not be within the front yard.

2.

The proposed accessory structure shall be setback as required by subsection 36-450(5), unless a greater setback is required by subsection 36-482(11). The board of adjustment may establish a greater setback to reduce any potential impacts on adjoining properties.

3.

The height and design of the proposed accessory structure shall be consistent with the height and design of the primary structure on the lot.

4.

The height and design of the proposed accessory structure shall be consistent with the character of the neighborhood.

5.

The proposed accessory structure otherwise conforms to all other applicable requirements of this article including section 36-450, accessory uses and structures.

The board of adjustment may place conditions upon the granting of a special exception, and may require that a bufferyard be provided adjacent to any adjoining properties zoned residential.

(f)

Setback of accessory structures. The board of adjustment may grant a special exception to allow an accessory structure in any district to encroach on the setback requirements in either paragraph 1 or 2 as follows:

1.

The proposed accessory structure shall replace an existing accessory structure that encroaches on the setback requirements provided that the proposed structure shall not be located closer to the property line than the existing accessory structure that it is intended to replace. For purposes of this paragraph (f), an existing foundation shall not be considered an existing building or structure.

2.

In residential districts, accessory structures are permitted on the property line without an accessory structure on the abutting property located on the common property line, as permitted by subsection 36-450(5)(a)1., provided the owner of the property abutting the zero-lot line accessory structure dedicates a three-foot wide perpetual maintenance easement with that easement on the adjacent yard maintained free and clear of any obstructions.

The proposed accessory structure shall meet all other requirements of the applicable zoning district and a special exception shall not be approved pursuant to paragraph (e), above.

The board of adjustment may place conditions upon the granting of a special exception, and may require that a bufferyard be provided adjacent to any adjoining properties zoned residential.

(2)

Application for special exception. An application for a special exception may be filed by the owner of the subject property. Any special exception filed by a person who is not the owner of the property for which the special exception is sought shall be accompanied by evidence of the consent of and authority to act for the owner. The application shall contain the following information and such additional information as the board of adjustment may, by rule, require.

(a)

The particular provisions or requirements of this article under which the special exception is being requested.

(b)

The existing district classification of the property.

(c)

The names and addresses of all owners of real property, as shown on the records of the county assessor, adjacent to, or within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company, title company, county assessor's office, City of Springfield or attorney at law.

(d)

A site plan conforming to the requirements of section 36-360, site plan review, of this article.

(3)

Burden on applicant. The applicant for a special exception shall bear the burden of producing evidence establishing that the special exception satisfies the specific standards.

(4)

Notice of hearing on special exception. Special exception applications shall be submitted not less than 28 days prior to a regularly scheduled board meeting. Upon certification by the director of planning and development that an application for a special exception is complete, the director of planning and development shall notify the board of adjustment which shall hold a public hearing thereon at their next regularly scheduled meeting, after giving the notice required by section 36-368, publication and posting of notices.

(5)

Conditions and restrictions. The board of adjustment may impose such conditions and restrictions upon the premises benefitted by a special exception as may be necessary to comply with the standards set out in this article to reduce, minimize, or mitigate the effect of such special exception upon other property in the neighborhood, and better to carry out the general intent of the article. Failure to comply with any such conditions and restrictions shall constitute a violation of this article.

(6)

Decision on special exception. Within 30 days after the public hearing on a request for a special exception, the board of adjustment shall file its written decision on the requested special exception, supported by findings of fact and conclusions with respect to the standards in section 36-366, special exceptions, with the director of planning and development. The director of planning and development shall mail, by first-class mail, a copy of the decision to the applicant and upon each other person who requests in writing to be notified, and he shall also record the board's order in the land records of the county recorder of deeds.

(7)

Duration of special exception. No order of the board of adjustment granting a special exception shall be valid for a period of longer than one year from the date of such order unless special exception construction, change in use, etc. is commenced within such period and pursued to completion without unnecessary delay on the part of the person holding the title or beneficial interest in the property for which the special exception was granted.

(Zoning Ord., § 3-3600; G.O. 5127, 10-29-01; G.O. 5533, 4-6-06; G.O. 5813, 4-6-09; G.O. 5842, 11-9-09)

(1)

Authority. The city council may from time to time by ordinance amend, supplement, change, modify or repeal the boundaries of the districts or regulations herein or subsequently established. The planning and zoning commission's role with respect to rezoning applications is advisory. Any report or recommendation made by the planning and zoning commission shall not be binding on the city council, nor shall such recommendation or report limit the city council's legislative authority.

Before an amendment shall be approved by ordinance, the planning and zoning commission shall have first had a public hearing regarding the proposed amendment and made an official report to the city council regarding the planning and zoning commission's recommendation regarding said amendment. Once the planning and zoning commission has made its official report, any further review by the planning and zoning commission shall not be required unless the city council elects to refer a matter back to the planning and zoning commission for further review.

(2)

Initiation of amendment. Amendments may be proposed by the council, the planning and zoning commission, or by a person owning or having an interest in property in the City of Springfield. If the council initiates an amendment, its proposal shall be transmitted to the planning and zoning commission for the commission's report and recommendation.

(3)

Application for amendment. Any person owning or having an interest in property or the planning and zoning commission may file an application for a text amendment or a change in zoning district classification with the secretary of the planning and zoning commission upon such forms as the commission may specify by rule. The application for amendment shall contain the following information depending on the type of application:

(a)

For changes in the zoning district classification (rezoning):

1.

Applicant's name and address and his interest in the subject property.

2.

The owner's name and address, including trustees, and, if different than the applicant, the owner's signed consent to the filing of the application and authorization for the applicant to act in his behalf.

3.

The street address (or common description).

4.

Boundary description of the property to be rezoned, and supporting documents as follows:

a.

If rezoning a complete existing lot(s) in a recorded subdivision, provide a copy of the platted subdivision indicating the lot(s) to be rezoned; or

b.

In all other cases, a sketch created or approved by a professional land surveyor shall be submitted. The sketch need not be a boundary survey and may include a note to the surveyor's satisfaction stating that it: Is not to be considered a boundary survey; is intentionally not in compliance with Missouri Standards; and should not be used to determine land boundaries on the ground. The sketch should graphically represent the boundary in relation to the criteria described below:

(i)

If in a subdivsions, the sketch shall show, at a minimum, the name of the subdivision, the lots and portions of lots involved, the book and plage of the current deed of record, the description of the area to be rezoned, the name of adjacent streets and alleys, north arrow, and proposed zoning change.

(ii)

If the property is unplatted, it shall show, at a minimum, the smallest aliquot part encompassing the parcel (typically, quarter section or quarter-quarter section or smaller), section Township and Range, the book and page of the current deed of record, the description of the area to be rezoned, the name(s) of adjacent streets and alleys, north arrow, and proposed zoning change.

c.

When providing sketches as specified in subsection 4.b(i) and (ii), above, the professional land surveyor shall also submit a letter stating the following:

"I have reviwed the attached description and sketch provided for rezoning. In my professional opinion, the description property represents the boundary of the area to be rezoned and the sketch substantially conforms to the description."

5.

The zoning classification and present use of the subject property.

6.

A description of the proposed use if any.

7.

The names and addresses, provided on legal-size envelopes and on a list, for all owners of real property, as shown on the records of the county assessor, adjacent or, or within 185 feet of the subject property. (The names and addresses shall be compiled by an abstract company, title company, county assessor's office, City of Springfield or attorney at law). These names shall be used for a letter as well as other mailings.

8.

A traffic impact analysis, prepared to standards as established by the director of public works.

9.

Such additional other information as the commission may, by rule, require.

(b)

For text amendments:

1.

The name and address of the applicant.

2.

The section of the text of the ordinance proposed to be amended.

3.

The wording of the proposed amendment.

4.

An identification of any property owned, controlled, or occupied by the applicant that would be benefitted by the proposed amendment.

5.

An explanation of the extent to which other properties in the city that are subject to the regulations proposed to be amended would be affected by the proposed amendment.

(4)

Procedure. Applications for any change of district boundaries or classifications of property as shown on the zoning map, and for amendments to the text of this article, shall be submitted to the secretary of the planning and zoning commission. Each such application shall be verified by the applicant attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments initiated by the planning and zoning commission or city council shall be accompanied by a resolution of record of either body pertaining to such proposed amendment. All applications, except those initiated by the planning and zoning commission or city council, shall be filed at least 38 days prior to the public hearing to be held by the planning and zoning commission.

(5)

Publication of notices. The planning and zoning commission shall hold a public hearing on all proposed changes in zoning district classifications or the text of this article. Notice of the public hearing shall be given in the manner prescribed in section 36-368, publication and posting of notices.

(6)

Recommendations. Within 30 days after the public hearing, except when the applicant requests the amendment be tabled or there is a tie vote by the commission, the planning and zoning commission shall make one of the following recommendations in connection with each proposed change in zoning district classification or the text of this article:

(a)

Recommend against the proposed change in the zoning district classification or the text of this article.

(b)

Recommend a change in the zoning district classification or the text of this article.

(c)

Recommend a change in the zoning district classification together with recommendations which, in the judgment of the planning and zoning commission, will protect adjacent property and ensure that the proposed amendment is consistent with the purpose and intent of this article.

(7)

Findings by the commission.

(a)

Text amendments. If the request is for an amendment of the text of this article, the recommendation of the planning and zoning commission may consider:

1.

Whether the proposed text amendment is consistent with the Springfield Comprehensive Plan;

2.

Whether the proposed text amendment is consistent with the intent and purpose of this article;

3.

The areas of the city that are most likely to be affected by the proposed text amendment and the manner in which those areas will be affected;

4.

Whether the proposed text amendment is necessitated by a change in conditions in the zoning districts affected and the nature of such changed conditions;

5.

Information submitted at the public hearing.

(b)

Rezonings. If the application is for a reclassification of property to a different zoning district classification on the zoning map, the report of the planning and zoning commission may consider:

1.

Whether the proposed zoning district classification is consistent with the Springfield Comprehensive Plan;

2.

Whether there are any changed or changing conditions in the area affected that make the proposed rezoning necessary;

3.

Whether the range of uses in the proposed zoning district classification are compatible with the uses permitted on other property in the immediate vicinity;

4.

Whether adequate utility and sewer and water facilities exist or can be provided to serve the uses that would be permitted on the property if it were rezoned;

5.

The impact the uses, which would be permitted if the property were rezoned, will have upon the volume of vehicular and pedestrian traffic and traffic safety in the vicinity;

6.

Whether the proposed rezoning would correct an error in the application of this article as applied to the subject property;

7.

Whether a reasonably viable economic use of the subject property will be precluded if the proposed rezoning is denied; and

8.

Information submitted at the public hearing.

(8)

Report of action taken.

(a)

Each such recommendation made by the planning and zoning commission shall be reported by the secretary of such commission to the city council and the applicant shall be notified of the action of the planning and zoning commission. The secretary of the planning and zoning commission shall set up and maintain a separate file for each application received, and all records and files herein provided shall be permanent and official files of the City of Springfield.

(b)

The secretary of the commission shall not forward the recommendation or recommendations of the commission to the council as required by paragraph (a), above, when at the hearing before the commission the applicant or his representative did not appear and present evidence in regard to the applicant's request for a change in zoning classification or district boundaries from that shown on the zoning map.

(9)

Notice of hearing before city council. A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change at which parties in interest and citizens shall have an opportunity to be heard. Notice of such hearing shall be given in the manner prescribed by section 36-368, publication and posting of notices.

(10)

Evidentiary matters before council.

(a)

No person shall present testimony to council which is substantially and materially different from that presented to the commission at its hearing on the matter, and no exhibit will be accepted by council that has not been presented to the commission at its hearing on the matter. However, this subsection is not intended to prevent the introduction of new testimony, new exhibits, or other new evidence when there is a clear showing, as determined by a majority of council, that the introduction of such evidence before the commission was not in good faith reasonably possible.

(b)

Should a person present testimony that is substantially or materially different from that presented to the commission at its hearing on the matter or should an exhibit be offered that has not been presented to the commission at its hearing on the matter, subject to the exception contained in subsection 36-367(10)(a), any person on the opposing side of the matter before council may claim prejudice from such presentation or offering, and council shall upon such a claim have sole discretion to determine whether the person claiming prejudice has in fact been prejudiced from such presentation or offering. Upon a determination that prejudice exists, council shall refer the matter back to the commission for a new notice and hearing.

(11)

Action of city council.

(a)

When the planning and zoning commission has recommended a change in the zoning district classification or the text of this article together with recommendations for additional requirements pursuant to subsection 36-367(6)(c), the city council shall have discretion to either accept, reject, or make other or additional requirements. Any such requirements shall become a part of the ordinance changing the zoning classification of such property. Such requirements shall be considered as an amendment to this article insofar as it is applicable to such property. Such requirements shall not be considered conditions precedent to granting of the change in zoning or the granting of building permits on such property, but shall be construed as conditions precedent to the granting of a certificate of occupancy, and there shall be compliance with such requirements before a certificate of occupancy may be issued by the director of building development services for the use or occupancy of the building, land, or structure on such property.

(b)

The city council shall not consider any zoning district classification other than the one requested by the applicant or the one which the report of the planning and zoning commission shows was considered by the commission. If an applicant files a written request with the city clerk, prior to final action by council on his original application, requesting leave to amend his application so as to request a different zoning district classification, such leave shall be granted, but the application shall then be returned to the planning and zoning commission for a new notice and public hearing, report, findings and conclusions by the commission. Thereafter, the city council shall hold a new hearing on the amended application after giving the notice required by section 36-368, publication and posting of notices. No such amended application shall be considered by the commission until the applicant has paid the fees for an amended application set out in section 36-334, fees.

(12)

Two-thirds majority necessary when protest. In case of a protest against such change, duly signed and acknowledged by the owners of 30 percent or more, either of the area of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by line drawn parallel to and 185 feet distance from the boundaries of the district proposed to be changed, such amendments shall not become effective except by the favorable vote of two-thirds of all the members of city council. The provisions of this subsection apply to the adoption of, additions to, changes or modifications of the official zoning map, whether such changes are initiated by the city council, the planning and zoning commission, or by petition.

(13)

Limitation on applications for rezoning. No application for rezoning of any tract, lot or parcel of land within the City of Springfield other than an application initiated by the city council or the planning and zoning commission as set forth in subsection 36-367(2), shall be filed or allowed prior to the expiration of six months from the time that the city council shall have finally acted on any application for rezoning of all or any part of the same lot, tract or parcel of ground, unless the application previously acted upon was initiated by the city council or the planning and zoning commission, or, during said six months interval, property adjoining or abutting the lot, tract or parcel of land or within 185 feet of the lot, tract or parcel of land shall have been rezoned by the city council.

(Zoning Ord., § 3-3700; G.O. 5127, 10-29-01; G.O. 5813, 4-6-09; G.O. 4570, 11-25-95; G.O. 5812, 4-6-09; G.O. 6450, § 1, 5-21-18; G.O. 6522, § 1, 4-22-19)

(1)

Board of adjustment. Prior to holding a public hearing on any appeal or application for a variance or a special exception, the board shall cause notice of the hearing by the following means:

(a)

Notice of the hearing shall be posted by the applicant at least ten days prior to the hearing in conspicuous places on or in the immediate vicinity of the property which is the subject of the application. One sign shall be posted for each 150 feet of street frontage, or part thereof up to a maximum of three signs, provided at least one sign is posted on each frontage of the subject property. Further provided, for applications involving more than one block, one sign is required for each street bounding or contained within the area. The applicant must comply with standards and procedures provided and approved by the director of the planning and development department and on file in the city clerk's office, regarding compliance with this section. Additional signs or alternate posting locations may be required at the discretion of the director of the planning and development department; and

(b)

Notices of the hearing shall be sent by first-class mail at least ten days prior to the hearing, to the owners of all real property, as shown on the records of the county assessor, adjacent to, or within 185 feet of the subject property.

(2)

Planning and zoning commission.

(a)

Rezonings and conditional uses. Written notice of any public hearing before the planning and zoning commission with respect to rezoning or issuance of a conditional use permit, shall be given by the following means:

1.

Notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Springfield at least 15 days prior to the hearing.

2.

Notice of the hearing shall be posted by the applicant at least ten days prior to the hearing in conspicuous places on or in the immediate vicinity of the property which is the subject of the application. One sign shall be posted for each 150 feet of street frontage, or part thereof, up to a maximum of three signs, provided at least one sign is posted on each frontage of the subject property. Further provided, for rezoning applications involving more than one block, one sign is required for each street bounding or contained within the area to be rezoned. The applicant must comply with standards and procedures provided and approved by the director of the planning and development department and on file in the city clerk's office, regarding compliance with this section. Additional signs or alternate posting locations may be required at the discretion of the director of the planning and development department.

3.

Notices of the hearing shall be sent by first-class mail, at least ten days prior to the hearing, to the owners of all real property, as shown on the records of the county assessor, adjacent to or within 185 feet of the subject property.

(b)

Amendments to the text of the article. Prior to holding a public hearing on any proposed amendment to the text of the zoning ordinance, the secretary of the commission shall give written notice of the public hearing by publishing a notice thereof in an official newspaper or a newspaper of general circulation in the City of Springfield at least 15 days prior to the public hearing.

(3)

City council. Prior to holding a public hearing on any rezoning or request to amend the text of the zoning ordinance, the council shall give written notice thereof in the same manner as is required for notices of public hearings before the planning and zoning commission by subsection (2).

(4)

Establishment of urban conservation districts. Written notice of a public hearing on the proposed adoption of a resolution with respect to the creation of an urban conservation district shall be published at least 15 days prior thereto in an official newspaper or a newspaper of general circulation in the city.

(5)

Landmarks board. Written notice of any public hearing before the landmarks board with respect to the establishment, modification, or elimination of any historic district or landmark, shall be given by the following means:

(a)

Notice of the hearing shall be posted by the applicant at least ten days prior to the hearing in conspicuous places on or in the immediate vicinity of the property which is the subject of the application. One sign shall be posted for each 150 feet of street frontage, or part thereof up to a maximum of three signs, provided at least one sign is posted on each frontage of the subject property. The applicant must comply with standards and procedures provided and approved by the director of the planning and development department and on file in the city clerk's office, regarding compliance with this section. Further provided, for applications involving more than one block, one sign is required for each street bounding or contained within the area. Additional signs or alternate posting locations may be required at the discretion of the director of planning and development department; and

(b)

Notices of the hearing shall be sent by first-class mail, at least ten days prior to the hearing, to the owners of all real property, as shown on the records of the county assessor, adjacent to or within 185 feet of the subject property.

(6)

Content of notices. All written notices required by this section to be published or mailed shall contain all of the following information:

(a)

The name of the applicant as it appears on the application.

(b)

The name of the owner, if different from the applicant, as it appears on the application. If there are multiple owners, only three names shall be listed, and a complete list of property owners shall be available in the office of zoning and subdivisions.

(c)

A street address or common description of the property involved.

(d)

A concise and accurate description of the nature of the request.

(e)

The date, time, and place of the public hearing.

(f)

The place at which further information with respect to the request can be examined or copies thereof secured.

In addition to the above, all written notices that are published shall include a legal description of the property involved.

(7)

Size and content of posted notices. Whenever written notice is required to be posted by subsections (1), (2), or (3), such notice shall be at least 30 inches in height and 24 inches in width and shall contain in letters large enough to be readable from a distance of 50 feet the words "PUBLIC HEARING" and in addition the date, time, and place of the public hearing, and a telephone number where additional information can be secured.

(8)

Substantial compliance. Requirements with respect to published, mailed, and posted notices of hearing are construed as directory and not mandatory, and any omission or failure to comply with such requirements shall not invalidate an ordinance or act of the City of Springfield.

(9)

Neighborhood meetings.

(a)

Development applications. Applicant(s) shall hold a neighborhood meeting prior to the planning and zoning commission public hearing on zoning map classification changes, planned developments, vacations of public right-of-way (that are not initiated by the city public works director) and conditional use permits.

1.

A neighborhood meeting shall be held at least 21 days prior to the planning and zoning commission public hearing.

2.

Notice of the meeting shall be sent by first-class mail, postage paid, at least ten days prior to the meeting, to at least one record owner of each real property within 500 feet of the development proposal, as shown on the records of the county assessor, and to the president or other association officer(s) of any neighborhood association(s) as on file with the director of planning and development.

3.

It is recommended the meeting be held early enough to provide time for the applicant to consider any neighborhood input, allow any changes to be evaluated by staff, and to resolve any issues if possible.

4.

The mailing shall be performed by the planning and development department; however, the letters and envelopes themselves must be prepared, and postage placed on same by the applicant. The neighborhood letters shall be submitted to the planning and development department for mailing, one business day prior to the deadline as set forth in paragraph 2. A file copy of the letter shall be provided to the planning and development department. The notice letter shall contain the following at a minimum or any additional information as required by the director of planning and development:

a.

Description of existing conditions or zoning and proposed changes or proposed zoning.

b.

Meeting date, time and location.

c.

Applicant or their representative's contact information.

d.

Development review notice and comment cards.

5.

The meeting shall be held on the property involved in the application or in the immediate vicinity. The meeting shall be scheduled from 4:00 to 6:30 p.m.

6.

Following the neighborhood meeting and at least ten days prior to the planning and zoning commission public hearing, the applicant shall submit a summary of the meeting to the planning and development department using the following format as set forth below:

a.

Development application.

b.

Meeting date, time and location.

c.

Number of invitations that were sent and how the mailing list was generated.

d.

Number of neighbors in attendance with an attached sign-in sheet.

e.

List of issues raised, any verbal comments and how applicant plans to respond.

f.

Additional information, such as comment cards, letters from neighbors, shall be attached to the summary.

If the applicant does not submit the information listed above at least ten days prior to the planning and zoning commission public hearing, the application shall be considered incomplete and the commission shall table the case and may continue the public hearing to the next meeting or a later meeting agreed to by the applicant. The applicant shall be responsible for all fees related to notifying the neighbors that the application will automatically be tabled. This notice of tabling will be sent by the planning and development department.

(Zoning Ord. 3-3700; G.O. 4570, 11-27-95; G.O. 4592, 4-1-96; G.O. 4681, 3-3-97; G.O. 4828, 9-8-98; G.O. 5813, 4-6-09; G.O. 5954, 11-14-11; G.O. 6222, § 1(exh. A), 9-14-15)