Charter: Article XI
Planning and Zoning (cont.)

Section 11.7. Legal status of master plan

  1. Master plan to provide general guidelines

    The master plan shall be prepared and maintained as a general guide for the orderly and efficient development and redevelopment of the City of Springfield. The master plan shall be kept current through review not less than every five years. When required by this Charter or otherwise deemed necessary, such review shall include proposed revisions or alterations in the master plan and public hearings thereon.

  2. Regulations to generally conform to master plan

    All rezoning of land, subdivision plats, development proposals, and the zoning ordinance, subdivision ordinance and the zoning map should generally conform with the guidelines set forth in the master plan and should be reviewed for consistency with the master plan; provided, however, inconsistencies with the master plan shall not constitute cause to invalidate any such matter. The master plan shall not have the effect of a regulatory ordinance.

  3. Master plan to guide public improvements

    The master plan shall provide guidelines for the location of public streets, parks and other public ways, grounds and spaces, public buildings and structures, facilities of public or private utilities, and the acquisition of real property by the city for public use. To that end the planning and zoning commission shall review the following:

    1. All proposals to construct or extend public streets.
    2. All proposals to improve land as a park.
    3. All proposals to lay out or improve other public ways, grounds or spaces.
    4. All proposals to construct public buildings and structures.
    5. All proposals to lay out and construct facilities of public utilities, whether publicly or privately owned.
    6. All proposals to acquire real property for public purposes.

    In reviewing and approving all such proposals, the function of the planning and zoning commission shall be to determine whether they are generally consistent with the master plan of the city. No such proposals shall be constructed or authorized until the location, extent and character thereof has been submitted and approved by the planning and zoning commission.

    In case of disapproval, the commission shall communicate its reasons to the city council, and the city council, by vote of not less than two-thirds of its entire membership, may overrule the disapproval and, upon the overruling, the city council or the appropriate board or officer may proceed, except that if the proposal is by an agency other than an agency of the city and the authorization or financing does not fall within the province of the city council, then the submission to the planning commission shall be by the agency having jurisdiction, and the planning commission's disapproval may be overruled by that agency by a vote of not less than two-thirds of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled.

    In the event the commission shall fail to act within thirty days after the date of official submission of a proposal (which date shall be the date that the matter is placed upon the agenda of the commission) to the commission, then the proposal shall be deemed to have been approved by the commission, unless a longer period for review by the commission shall have been authorized by the council or by the public officials submitting the proposal. In any case in which the commission finds that it is not reasonably able to complete its review of a proposal within thirty days, it may extend the time for such review for not more than thirty days.

Approved by vote of the people April 1, 1980.

Section 11.8. Regulations governing subdivisions and development of land

In exercising the powers granted to it by this Article, the planning and zoning commission shall prepare and make recommendations to the city council with respect to regulations governing the subdivision and development of land within its jurisdiction. Such regulations may provide for the harmonious development of the city and its environs, for the coordination of streets and other ways within the subdivided land with other existing or planned streets and ways or for conformity to the master plan or official map, for adequate recreation, light and air, and for the avoidance of congestion of population. Such regulations may include requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer, and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of the subdivision or the development of land.

Approved by vote of the people April 1, 1980.

Section 11.9. Tentative approval of plats

The regulations or practice of the commission may provide for a tentative approval of the plat previous to such improvements and installation, but any such tentative approval shall not be entered on the plat. In lieu of the completion of such work previous to the final approval of a plat, the commission may accept a bond, in an amount and with surety satisfactory to the city manager, providing and securing to the city the actual construction and installation of such improvements and utilities within a period specified by the city manager and expressed in the bond.

Section 11.10. Lines of mapped streets

After the city council shall have adopted a major thoroughfare plan of the territory of the City or of any section thereof, the planning and zoning commission shall have the power to make or cause to be made, from time to time, surveys for the exact location of the lines of new, extended, or widened streets in any portion of such planned territory, and to make and certify to the council plats of the areas thus surveyed, on which are indicated the location of the lines recommended by the commission as the planned or mapped lines of future streets, street extensions, or street widenings, together with the commission's estimate of the time period within which the land shown on the plat or street locations should be acquired for street purposes. The council may by ordinance adopt any such plat, in accordance with the procedure prescribed in Section 2.12 of this Charter; provided, that notice of the time and place when and where it will be considered for final passage shall be sent by mail to the record owners of land on or abutting which the future street lines designated on the plat are located. Any modification of such plat shall before passage be submitted to the planning and zoning commission and either approved by it or, if disapproved, be approved by a favorable vote of the council. The adoption of a plat shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

Approved by vote of the people April 1, 1980.

Section 11.11. Official map

The council may by ordinance establish an official map of the City, on which shall be shown and indicated:

  1. All public streets existing and established by law at the time of the establishment of the official map.
  2. All planned streets or street lines as located on plats adopted by council in accordance with the provisions of Section 11.11 of this Charter at the time of the establishment of the map.
  3. All streets or street lines as located on final or recorded plats of subdivisions approved by the planning and zoning commission at the time of the establishment of the map. The placing of any street or street lines upon the official map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes. The council may in the same manner place upon the official map the location of existing or planned parks or other public open spaces.

Section 11.12. Modification of official map

Thereafter, all street locations on final or recorded plats of subdivisions approved in accordance with the provisions of this Charter or plats adopted by council under the provisions of Section 11.11 shall be deemed additions to or modifications of the official map and shall be placed thereon. The council may by ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location of proposed streets, street extensions, widenings, narrowings or vacations, in accordance with the procedure prescribed in Section 2.12 of the Charter; provided, that notice of the time and place, when and where such additions or modifications will be considered for final passage, shall be given as provided by ordinance to the record owners of the lands on or abutting mapped streets, street lines or street vacations. Any such proposed additions to or modifications of the official map shall be referred to the planning and zoning commission for its approval; but if the planning and zoning commission disapproves or fails to act within thirty days, the council, by a majority vote of its members, may overrule such disapproval or adopt such amendments.

Approved by vote of the people April 1, 1980.


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