City of Warrenton, MO Article III Zoning District Regulations

Section 405.060 Districts.

[R.O. 2006 §400.060; Ord. No. 415 Art. III §3000, 3-2-1982; Ord. No. 1370 §I, 1-6-2004; Ord. No. 1891 §I, 3-16-2010; Ord. No. 1992 §I, 8-16-2011; Ord. No. 2698, 7-19-2022]

A. In order to classify and regulate the location of businesses, trades, industries, residences and other land uses and the location of buildings designed for specific uses; to regulate and limit the height and bulk of buildings hereafter erected, reconstructed or altered; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings, the incorporated area of the City of Warrenton is hereby divided into the following Districts:

Agricultural	"AG"	Agricultural Reserve
Residential	"R-1"	Low Density Residential
	"R-2"	Medium Density, Single-Family Residential
	"R-3"	High Density Residential
	"RC-1"	Planned Business District
	"RC-2"	Residential Commercial Planned District
Commercial	"C-1"	Neighborhood Commercial
	"C-2"	General Commercial
	"C-3"	Highway Commercial
	"C-4"	Planned Commercial Shopping Center District
Industrial	"M-1"	Light Industrial
	"M-2"	General Industrial
Recreational	"OPR"	Outdoor Public Recreation
Other	"PUD"	Planned Unit Development

B. The Comprehensive Development Plan dated December 7, 2000, and identified as the Zoning District Map shows the locations of each District. This Map shall become a part of this Chapter by reference.

Section 405.065 General Rules for Application.

[R.O. 2006 §400.065; Ord. No. 1585 §I, 2-7-2006]

A. In applying and interpreting these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of this Title. Except as specifically provided herein, these regulations shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any law, ordinance, easement, covenant or other agreement between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land or buildings or upon the height or bulk of buildings or require larger building site areas, yards or open spaces than are imposed or required in any such other law or ordinance, rule, regulation, permit, easement, covenant or other agreement between the parties, this regulation shall control. These regulations shall apply uniformly to each class or kind of structure or land within each District, and, particularly, except as otherwise provided herein:

1. The use shall be unlawful of any land, structure or building for any purpose other than permitted in the District where such land, structure or building is located.

2. No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit or violate the yard or parking requirement herein established for the District where such building or structure is located.

3. No building shall hereafter be erected, reconstructed, relocated or structurally altered on any lot or parcel unless such lot or parcel faces a dedicated street or right-of-way. Where a building exists, a required dedicated street or right-of-way shall not be vacated so as to eliminate the required access to a dedicated street or right-of-way.

4. No building shall hereafter be erected, constructed, reconstructed, moved, relocated or structurally altered to have a greater percentage of lot area, to accommodate or have a greater number of facilities, or to have narrower or smaller yards, courts or open spaces than is permissible under the limitations set forth herein for the District where said building is located.

5. No part of a yard or other open space required for any specific building or use and necessary to meet the requirements of these regulations shall be included as part of a yard or open space required for another building or use.

6. No lot, held under one (1) ownership at the effective date on or before March 2, 1982, shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this regulation; if already smaller, the dimensions or the area shall not be further reduced.

7. Every building hereafter erected or altered shall be located on a lot as herein defined and in no case shall more than one (1) principal building be located on one (1) lot except as provided herein.

8. No lot area shall be reduced or diminished so the yards or other open spaces shall be smaller than prescribed by these regulations, nor shall the population density be increased in any manner, except in conformity with the area regulations established herein.

Section 405.070 "AG" Agricultural Reserve.

[R.O. 2006 §400.070; Ord. No. 415 Art. III §3010, 3-2-1982; Ord. No. 2635, 9-21-2021]

A. Purpose. This District is intended to provide a holding or reserve over lands now in agricultural use. These lands may not be developed in the immediate future. These areas should allow for only a minimum of development not related to agriculture or very-low-density residential uses. At such time as more development is contemplated, these areas should be rezoned to an appropriate classification in accordance with the intent of the Comprehensive Development Plan.

B. Permitted Uses. The uses set out in Appendix A of this Chapter[1] shall be permitted in this district.

[1] Editor's Note: Appendix A is included as an attachment to this Chapter.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Area.

1. Single-family residences — minimum three (3) acres for each single-family residence.

2. Any lot or tract of record on the effective date of this Section, which contains less than three (3) acres, may be used as any of the permitted uses within Appendix A Listing of Permitted and Conditional Uses.

E. Height Limitations. No structure shall exceed two (2) stories or twenty-five (25) feet.

F. Yard Requirements.

1. Front yard: minimum depth of thirty (30) feet.

2. Side yards: minimum width of fifteen (15) feet.

3. Rear yards: minimum depth of twenty-five (25) feet.

4. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front, side, or rear yard setbacks, the required front, side, and/or rear yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than ten (10) feet to any side yard.

Section 405.080 "R-1" Low Density Residential.

[R.O. 2006 §400.080; Ord. No. 415 Art. III §3020, 3-2-1983; Ord. No. 1177 §I, 6-5-2001; Ord. No. 2635, 9-21-2021]

A. Purpose. It is the intent of these regulations to provide for the protection and future development of low-density, single-family residential areas and related activities which offer a stable, healthy living environment; and to discourage encroachment by commercial, industrial, or other uses which will conflict with the intent of this District.

B. Permitted Uses. The uses set out in Appendix A of this Chapter[1] shall be permitted in this district.

[1] Editor's Note: Appendix A is included as an attachment to this Chapter.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Area Requirements.

1. Lot width: minimum seventy (70) feet.

2. Lot Area.

a. Minimum of one (1) acre.

b. Any lot or tract of record on the effective date of this Section, which contains less than one (1) acre, may be used as any of the permitted uses within Appendix A Listing of Permitted and Conditional Uses.

3. Floor Area. Single-family dwellings, one thousand two hundred (1,200) square feet.

E. Height Limitation. No structure shall be erected to exceed a height of two (2) stories or twenty-five (25) feet.

F. Yard Requirements.

1. Front yard: minimum depth of thirty (30) feet.

2. Side yard: twelve (12) feet.

3. Rear yard: twenty-five (25) feet.

4. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front, side, or rear yard setbacks, the required front, side, and/or rear yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than ten (10) feet to any side yard.

G. Exemptions. The following is a list of exemptions for this Section for large lot subdivisions; all other requirements of this Chapter must be met:

1. Minor residential streets shall have a minimum paved surface of twenty-six (26) feet with four-foot shoulders, three (3) feet of which are oil and chip and one (1) foot of grass. All other street specifications shall be met.

2. Curb and gutter are not required except in situations in which the Board of Aldermen deems it necessary.

3. Sidewalks are not required except in situations in which the Board of Aldermen believes public safety demands their installation.

4. Streetlights are not required within the subdivision except in situations in which the Board of Aldermen believes public safety demands their installation. All entrance and exit streets that connect or intersect with public streets shall require streetlights at those locations.

5. If residents desire to install any of the above improvements, such installation shall be solely at the expense of property owners of said subdivision. The City of Warrenton has no responsibility or obligation to provide such improvement or to share in such provision. Furthermore, streets without curb and gutter shall remain private streets, and the City of Warrenton shall not assume responsibility for repair or maintenance of said streets, including snow removal. The developer of a large-lot subdivision shall include language to this effect in recorded restrictions as a condition of record plat approval. Signs shall be erected at the entrances to large-lot subdivisions indicating that the streets are private and maintained by property owners unless the streets have been accepted by the City.

6. Prior to starting any work covered by the above plans and after approval of the final plat, the developer shall make arrangements to provide for inspection of the work, sufficient in the opinion of the Public Works Director, to assure compliance with the plans and specifications as provided.

Section 405.090 "R-2" Medium Density Single-Family Residential.

[R.O. 2006 §400.090; Ord. No. 415 Art. III §3030, 3-2-1982; Ord. No. 438 §1, 2-1-1983; Ord. No. 2635, 9-21-2021]

A. Purpose. The intent of this District is to provide stable residential areas for single-family dwellings similar to the character of the low-density areas but which allows a somewhat more urban density.

B. Permitted Uses. The uses set out in Appendix A of this Chapter[1] shall be permitted in this district.

[1] Editor's Note: Appendix A is included as an attachment to this Chapter.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Area Requirements.

1. Lot width: single-family, seventy (70) feet.

2. Lot Area.

a. Single-family, ten thousand (10,000) square feet.

b. Any lot or tract of record on the effective date of this Section, which contains less than ten thousand (10,000) square feet, may be used as any of the permitted uses within Appendix A Listing of Permitted and Conditional Uses.

3. Floor Area. Single-family dwellings, one thousand two hundred (1,200) square feet.

E. Height Limitation. No structure shall be erected to exceed a height of two (2) stories or twenty-five (25) feet.

F. Yard Requirements.

1. Front yard: minimum depth of thirty (30) feet.

2. Side yard: ten (10) feet.

3. Rear yard: twenty-five (25) feet.

4. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front, side, or rear yard setbacks, the required front, side, and/or rear yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than seven (7) feet to any side yard.

Section 405.100 "R-3" High Density Residential.

[R.O. 2006 §400.100; Ord. No. 415 Art. III §3040, 3-2-1982; Ord. No. 2635, 9-21-2021; Ord. No. 2698, 7-19-2022]

A. Purpose. The intent of the District is to provide stable residential areas for single-family dwellings similar to the character of the low-density areas but which allows a somewhat more urban density.

B. Permitted Uses. The uses set out in Appendix A of this Chapter[1] shall be permitted in this district.

[1] Editor's Note: Appendix A is included as an attachment to this Chapter.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Area Requirements.

1. Lot width: Single-family, seventy (70) foot.

2. Lot Area.

a. Single-family, ten thousand (10,000) square feet.

b. Any lot or tract of record on the effective date of this Section, which contains less than ten thousand (10,000) square feet, may be used as any of the permitted uses within Appendix A, Listing of Permitted Conditional Uses.

3. Floor Area. Single-family dwellings, one thousand two hundred (1,200) square feet.

E. Height Limitation. No structure shall be erected to exceed a height of two (2) stories or twenty-five (25) feet.

F. Yard Requirements.

1. Front yard: minimum depth of thirty (30) feet.

2. Side yard: seven (7) feet.

3. Rear yard: twenty-five (25) feet.

4. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front, side, or rear yard setbacks, the required front, side, and/or rear yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than seven (7) feet to any side yard.

Section 405.110 "RC-1" Planned Business District. [1]

[R.O. 2006 §400.110; Ord. No. 554 §1, 4-7-1987; Ord. No. 749 §I, 12-15-1992; Ord. No. 1154 §I, 1-2-2001; Ord. No. 1371 §I, 1-6-2004; Ord. No. 1565 §I, 12-6-2005; Ord. No. 2060 §I, 9-18-2012]

A. Intent And Purpose Of The District.

1. Commercial development, redevelopment and change of use in this district should reflect the character of the area and community, while establishing a strong identity for Warrenton. The regulations for this district will allow for appropriate controls over the development, redevelopment and change of use thereof which will create and enhance land values and act as an incentive to obtaining the highest quality development, redevelopment and change of use.

2. Encourage site consolidation in an orderly, phased pattern of redevelopment.

3. Mandate high quality future development.

4. All development, redevelopment or change of use within the "RC-1" Planned Business District is subject to the review procedures and applicable requirements of Section 405.390 (Site Plan Review).

5. To minimize "quality of life" impact on residential districts adjacent to the "RC-1" District, the following additional restrictions are set forth. The specific purpose of these restrictions is to minimize any increase in traffic on Cherry Lane.

a. Permitted uses for businesses that front on Cherry Lane shall be restricted to the following:

(1) Detached single-family residences.

(2) Non-retail commercial and business offices.

(3) Professional offices.

(4) Institutional offices.

(5) Government offices.

(6) Medical offices.

(7) Financial institutions, including, but not limited to, banks, savings and loans and credit unions.

(8) Any use which in the judgment of the Planning and Zoning Commission is identical or similar to one (1) or more of the above listed uses which conform to the intent and purpose of this Section.

b. Access to and from Cherry Lane is permitted only for developments fronting on Cherry Lane.

B. Authorized Uses For Businesses Fronting Highway 47.

1. Permitted uses. The uses permitted within this district are in Appendix "A".

2. Uses permitted by conditional use permit. The uses conditionally permitted within this district are listed in Appendix "A" and require a "conditional use permit".

3. General. Uses which are not specifically listed in Appendix "A" as permitted or conditionally permitted are prohibited.

C. Lot Area, Setbacks And Bulk Regulations. The maximum height of buildings in this district shall be thirty-five (35) feet. The Planning and Zoning Commission may upon site plan review approve such additional heights as may be deemed appropriate while considering the relationship of building height to bulk and density of adjacent properties and providing for the safety of the structure and its intended uses.

D. Minimum Building Setbacks.

1. Front yard. Buildings fronting Highway 47 shall be set back a minimum of thirty-five (35) feet from the curb. Buildings fronting on Cherry Lane shall be set back a minimum of twenty-five (25) feet from the property line.

2. Side yard and rear yard setbacks. To be determined at site plan review.

E. Off-Street Parking And Loading.

1. Off-street parking and loading spaces may be located in required front, side or rear yards, except no parking may be located within twenty (20) feet of adjacent residential districts, and all parking or loading spaces adjacent to residential districts or in a front yard shall be screened and/or bermed.

2. The number, type and dimensions of parking spaces required shall be in accordance with the provisions set forth in Section 405.250 Off-Street Loading and Parking.

3. All parking lots, both public and private streets shall be required to have a minimum six (6) inch vertical concrete curb.

F. Site Design Requirements For Development/Redevelopment In "RC-1". The Site Plan Process, Section 405.390, shall be required for all developments, including change of use and change of business, in this district.

1. Landscaping and open space. As part of the final site plan, the developer shall submit a landscaping plan which shall conform to the following: The following requirements supplement the requirements of Section 405.390 (C)(3)(c)(8 — 9).

a. All yards and open spaces along exterior or interior streets shall be landscaped with trees and shrubs graded to provide typical topographic relief (mounds and berms) and sodded.

b. Any part of a lot not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks.

c. A minimum planting strip of ten (10) feet shall be provided and maintained within the required side and front yard.

d. For all buildings, there shall be one (1) tree existing or planted for every seven (7) parking spaces. Seventy-five percent (75%) shall be located within the paved area.

e. Trees shall be spaced no greater than forty (40) feet on center across all front yards. Trees shall be located at a distance of twenty (20) feet from the curb.

f. Foundation planting shall be planted and maintained along all exterior walls of all buildings at the ratio of one (1) plant material for every five (5) lineal feet of exterior wall. Said plant material may be clustered or otherwise arranged for optimum visual effect rather than being spaced evenly along the building perimeter.

g. A ten (10) foot landscaped buffer (transition yard) consisting of landscaped berms shall be provided and maintained along all rear and side property lines which abut a residential district or development.

2. Screening and berming.

a. All outside trash containers, HVAC units, electric, telephone and gas meters, satellite dishes, and rooftop mechanical apparatus shall be thoroughly screened with appropriate materials or landscaping to conceal the visibility of the object.

b. Outside trash containers are to be screened with a material matching or compatible with the building.

3. Sidewalks. Sidewalks shall be provided along all collector and arterial street frontages in conformance with the requirements set forth in Section 410.140 Subsection (B)(2 — 3).

4. Underground utility systems. All utility lines, including power and telephone lines, shall be located underground except designated overhead utility corridors as approved by the Planning and Zoning Commission.

5. Lighting.

a. All exterior lighting, building and parking lot lights and landscape lighting shall be directed away from adjacent highways, streets and properties so that no light is cast on adjoining properties or public roadways. No light standard utilized for the illumination of parking areas shall exceed eighteen (18) feet in height. No other light standard shall exceed twelve (12) feet in height.

b. Fixtures mounted on structures should be compatible in appearance to the light standards used.

c. Lighting in areas adjacent to residential districts shall be mounted to buildings and be of sufficient illumination to provide for security and safety. Care shall be taken to ensure minimal impact on those adjacent residential districts.

d. All lighting shall be high-pressure sodium and served with underground cable.

G. Architectural Criteria.

1. All sides of structures shall receive equal architectural treatment or be compatible with each other as determined by the Planning and Zoning Commission at site plan review.

2. The use of decorative masonry, glass and decorative metal panels is encouraged for exterior facing materials. Non-decorative prefabricated metal and non-decorative cinder block building exterior is prohibited. All foundations should be incorporated into design standards, thus prohibiting unpainted foundations.

3. Building elevations for each development shall be submitted to the Planning and Zoning Commission for review and approval. These elevations shall show the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of twenty-four (24) inches by thirty (30) inches in dimension and be of reasonable quality. A file ready (approximately eight and one-half (8½) by eleven (11) inches in size) copy of photo of the rendering must be submitted to the Building Department and will be kept for permanent record.

H. Sign Regulations.

1. All developments/redevelopments, "change of use" and "change of business occupancy" shall meet the requirements as defined in Section 425.045, Signs In "RC-1" Planned Business Districts. No off-premise (billboard-type) advertising signs shall be permitted within the district. In addition, businesses fronting on Cherry Lane shall limit "ground signs" to three (3) feet in height and ten (10) square feet of sign area.

2. Attached wall signs shall be permitted in accordance with the sign provisions of Section 425.090 Subsection (3) of Sign Regulations.

3. No illuminated or lighted signs shall remain on after 10:00 P.M. for developments that front on Cherry Lane.

4. A color rendering of the proposed signage shall be provided. Sign permits shall be applied for and issued by the Building Commissioner.

[1] Cross Reference — As to site plan process, §405.390 of this chapter.

Section 405.120 "RC-2" Residential Commercial Planned District.

[R.O. 2006 §400.120; Ord. No. 592 §I, 12-6-1988; Ord. No. 2783, 8-15-2023]

A. Intent And Purpose. The "RC-2" Residential Commercial Planned District, by utilization of the Site Plan Process as set forth in Section 405.390 of this Chapter, is intended to guide and control private development and redevelopment of the Planned Residential/Commercial Districts of the City of Warrenton to provide an orderly growth of neighborhood businesses to support residential needs. Specifically, the District is intended to provide neighborhood services to the residents of their surrounding areas.

B. Permitted Uses. Any structure or land in a "RC-2" Residential Commercial Planned District shall be used for the uses set out in Appendix A of this Chapter, subject to all other provisions and limitations of this Section, the Site Plan Process under Section 405.390 herein and all other applicable regulations and ordinances of the City of Warrenton.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width.

1. Single-Family Residential. Seventy (70) feet.

E. Lot Area.

1. Single-Family Residential. Ten thousand (10,000) square feet.

F. Site Plan Process Required. Site Plan Process by the Commission shall be required for all proposed developments with the "RC-2" Residential Commercial Planned District as provided in Section 405.390.

G. Application Procedure.

1. Application solely for a "RC-2" Residential Commercial Planned District Zoning, without a request for Site Plan Process, shall be made in accordance with Section 405.350 herein.

2. Application solely for a "RC-2" Residential Commercial Planned District Zoning, in conjunction with a request for Site Plan Process, shall be made in accordance with Sections 405.350 and 405.390 herein.

3. An application fee shall be paid upon the submission of an application solely for a "RC-2" Residential Commercial Planned District Zoning without an accompanying request for Site Plan Process. An additional fee will be required upon the submission of an application for Site Plan Process as set forth in Section 405.390, Subsection B(3) herein. (See Fee Schedule in Section 405.400)

H. Area Regulations.

1. Minimum Lot Width. Seventy (70) feet.

2. Minimum Lot Area. Ten thousand (10,000) square feet.

3. Maximum Structure Height. Two (2) stories or twenty-five (25) feet.

4. Yard Requirements. Same as "R-2."

5. Two (2) or more existing lots may be combined for a development under this Section subject to all use regulations stated herein, and subject to Section 405.390 herein.

6. Any proposed subdivision of an existing lot under this Section shall be subject to approval under Section 405.390 herein.

Section 405.125 Planned Unit Development.

[Ord. No. 2698, 7-19-2022]

A. The Planned Unit Development (PUD) is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit on a parcel of land at least three (3) acres in size. The detailed standards set forth herein are minimum requirements, and it is the intent of this Section that the City of Warrenton may impose conditions and safeguards in excess or in addition to the specific minimal requirements. Satisfying the minimum standards set forth herein does not per se indicate that an application is entitled to an approval and notice is hereby given to that effect. The standards for development may be modified if it is demonstrated that said modification is consistent with the Comprehensive Plan and it is found that no detriment to the public health, safety and welfare will be created and while safeguarding the present and/or future use and development of areas surrounding the proposed planned unit development.

B. The purpose of the planned unit development is to permit:

1. A maximum choice in the types of enforcement available to the public by allowing a development that would not be possible under the strict application of the other Sections of this Chapter.

2. Permanent preservation of common open space and recreation areas and facilities.

3. A pattern of development to preserve natural vegetation, topographic and geologic features.

4. A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.

5. An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings and other facilities.

6. A land use which promotes the public health, safety, comfort, morals and welfare.

7. Innovations in residential, commercial and industrial development so that growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.

8. Residential, non-residential or a combined residential/non-residential development.

C. Submittal Requirements.

1. Narrative Statement. Statement of the proposed use of lots stating type of residential building with number of proposed dwelling units, type of commercial use, so as to reveal the effect of the development on traffic, fire hazards or congestion of population; general location, purpose and height of each building. The narrative shall also include an explanation of the character of the planned development and the reasons which it has been planned to take advantage of the flexibility of these regulations.

2. Site Plan And Development Criteria. A site plan shall be required in conjunction with the establishment of a PUD. In addition to submittal requirements for a preliminary plat and/or site plan, the following items should be clearly included on the plan to be included in the approval of the PUD. Criteria should clearly depict criteria across the PUD, including:

a. Height Requirements. Proposed height requirements for each area of the proposed PUD.

b. Uses.

(1) Internal use of each building or structure, as well as the specific overall land use of the premises including all common ground and/or common site amenities. Uses should generally align with adopted land use classifications in Appendix A to this Chapter[1]. Authorized uses shall be approved through the adoption of an ordinance creating a PUD.

[1] Editor's Note: Appendix A is included as an attachment to this Chapter.

(2) Density. Information on the density of the residential uses, including dwelling units per acre, the number of dwelling units by type and the number of buildings by type.

(3) Non-Residential Use. Information on the type and amount of ancillary and non-residential uses within the planned unit development, including the amount of open space.

c. Lot Size And Frontage Requirements. Proposed minimum lot size and frontage requirements for each area and/or use within the PUD.

d. Yard (Parking And Building) Requirements. Proposed parking and building setbacks for each use and/or area within the PUD.

e. Landscaping. Including, but not limited to, landscaping for all open space areas, plazas and buffering from adjacent activities or uses where necessary. Additional buffering, landscaping and screening may be required on a site specific, case by case basis to limit the impact upon adjoining properties.

f. Service Facilities. Provide information on all service facilities and off-street parking facilities.

g. Architectural Plans. Preliminary architectural plans for all primary buildings should be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size and type of dwelling units.

3. Ownership. Statement of present and proposed ownership of all land within the project. This should include management and use of all open space.

a. All elements of a PUD that include multifamily development (duplexes, apartments ...) shall be constructed upon one (1) lot. Where a single PUD contains non-contiguous areas of multifamily, the PUD may be approved with appropriate legal instruments that all areas will be owned and maintained under single control in accordance with the PUD.

b. The applicant must submit a detailed plan of ownership, including how it will be maintained over the life of ownership. The plan of ownership must be part of the site specific PUD ordinance.

c. It shall be required that any transfer of ownership or lease of the property within the PUD include in the transfer of ownership or lease agreement a provision stating the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the PUD.

d. The applicant must submit a detailed "plan of maintenance" for all common ground and/or common site amenities. To insure proper maintenance of all common ground and/or common site amenities, the Board of Aldermen may require the applicant to provide a surety bond of evidence of an escrow account or an irrevocable letter of credit with the City Finance Officer to cover the estimated cost of maintenance for the common ground and/or common site amenities. The "plan of maintenance" must be part of the site specific PUD ordinance. Common ground and/or common site amenities shall be used for the collective enjoyment of the occupants of the development or for the general public if so dedicated. Common ground and/or common site amenities shall be distributed equally throughout the development as practicable and be highly accessible to the dwelling units it is intended to serve and shall not be isolated to areas of unusable land.

4. Schedule. Development schedule indicating:

a. Stages in which the project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage should be shown on the plat and/or site plan and through supporting graphic material. If construction of the development is to occur in stages, then common ground and/or common site amenities should be developed in reasonable proportion to the number of dwelling units intended to be developed and to be served during any given stage of construction as approved on the final plat and/or site plan by the Board of Aldermen.

b. Approximate dates for beginning and completion of each stage.

c. Each phase of the proposed planned unit development shall not be dependent upon completion of subsequent phases of the same development for facilities and services.

5. Covenants And Restrictions. Proposed agreements, provisions of covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.

a. The covenants and restrictions are to be approved by the City Attorney.

b. The covenants and restrictions should include all PUD ordinance requirements.

c. The covenants and restrictions must be recorded with the final plat and/or site plan.

6. Miscellaneous. Such additional documents as may be required by the Planning and Zoning Commission and/or Board of Aldermen.

a. In review of the planned unit development plan for approval, the Planning and Zoning Commission and/or the Board of Aldermen may elect to utilize qualified technical personnel or professional consultants to provide traffic impact analysis, stormwater and erosion control analysis and/or address any site specific concern. The cost of such professional assistance shall be borne by the applicant.

b. To insure completion of the common ground and/or common site amenities, the Board of Aldermen shall require the applicant to file a surety bond of evidence of an escrow account or an irrevocable letter of credit with the City Finance Officer to ensure the actual construction of such improvements according to the plans and specifications approved by the Board of Aldermen. All common ground and/or common site amenities must be completed within one (1) year of the start of the specific phase in which they are included. The time limit as set above may be extended upon approval by the Board of Aldermen.

D. Establishment of a PUD.

1. An application for approval of a PUD shall be reviewed and presented at a public hearing according to the procedures for a change in zoning.

2. Once approved by the Board of Aldermen, the PUD, including the associated site plan, replaces all prior zoning regulations on the property and should be noted on the Zoning Map.

3. Plan Approval Required. No development or redevelopment of the property designated as PUD shall take place until a site plan has been reviewed and approved in conformance with the requirements of this Section.

4. Subdivision Approval. When a planned development involves subdivision of land, the subdivision review and approval procedure requirements contained in Chapter 410 "Subdivision Regulations" shall be carried out simultaneously with the review of a PUD under this Article and the required site plan shall contain all information required with a preliminary plat.

5. A PUD approved under the conditional use permit, prior to the enactment of this Section, shall be considered conforming developments and uses of land. However, any changes to the site which necessitate site plan approval or any modification to the zoning of the site shall only be authorized under this Section with the PUD designation being applied as the zoning district on the zoning map.

6. After review and report by the Planning and Zoning Commission, the Board of Aldermen may approve a PUD of less area than specified herein if it finds that the land has unique historical character, topography, landscape features or is an isolated problem area which justifies the application for a smaller area.

E. Amendments. In order to amend the site plan of an existing planned district, the procedure shall be as follows:

1. An eligible applicant shall submit an amended site plan for review. The request shall be evaluated for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

2. Minor Amendments. If the City determines that the proposed amendment to the site plan is not in conflict with the original proposal as advertised and the plan meets all the conditions of the planned district, the project shall be reviewed under Section 405.390.

3. Major Amendments. If the City determines that the proposed amendment is not consistent in purpose and content with the original proposal as advertised and with the conditions of the planned district, he/she shall so report to the applicant and the Planning and Zoning Commission. Where the amendment constitutes a major change, a public hearing to modify the planned district shall be required.

F. Review criteria. A PUD and associated site plans shall be reviewed according to the following criteria:

1. The proposed plan is in substantial compliance with the policies of the comprehensive plan, including those of the planning district where the property is located, and any other plan or program of the City adopted under the general guidance of the comprehensive plan;

2. The proposed plan is in the interest of the public health, safety, and welfare;

3. The plan meets the standards and intent of all regulations regarding public facilities and public spaces;

4. The proposed plan meets the criteria of all land use categories proposed under the plan; and

5. The plans, elevations, regulations, codes, and development guidelines submitted in association with the PUD meet all regulatory standards and design goals for all applicable elements, unless modifications are made.

Section 405.130 "C-1" Neighborhood Commercial.

[R.O. 2006 §400.130; Ord. No. 415 Art. III §3050, 3-2-1982; Ord. No. 2783, 8-15-2023]

A. Purpose. These areas are intended to provide neighborhood services to the residents of their immediate areas. These commercial services are not intended to disrupt the general character of the surrounding residential areas. It is intended that these areas be developed with appropriate landscaping and screening materials.

B. Permitted Uses. The uses set out in Appendix A of this Chapter shall be permitted in this district.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Lot Area.

1. Lot Width. Minimum lot width for a residential structure shall be the same as in "R-3" and for a commercial structure shall be fifty (50) feet.

2. Lot Area. Residential use shall be the same as in "R-3." There shall be no minimum area for commercial use.

E. Height Limitation. The maximum height shall be two (2) stories or twenty-five (25) feet.

F. Yard Requirements.

1. Residential uses shall be the same as in "R-3."

2. Commercial Use. Where a commercial use adjoins or abuts a residential use or zone, the side yard shall be a minimum of ten (10) feet. Front yard shall be a minimum of twenty-five (25) feet. Where a commercial use adjoins a non-residential zone the yard requirement shall be a minimum of five (5) feet.

G. Floor Area. For single-family dwelling — one thousand two hundred (1,200) square feet.

Section 405.140 "C-2" General Commercial.

[R.O. 2006 §400.140; Ord. No. 415 Art. III §3060, 3-2-1982; Ord. No. 2783, 8-15-2023]

A. Purpose. The General Commercial District is intended to provide the community and its trade area with major commercial services including the Central Business District and major shopping areas. It is intended that these areas be developed with appropriate landscaping and screening materials.

B. Permitted Uses. The uses set out in Appendix A of this Chapter shall be permitted in this district.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Lot Area. There shall be no minimum width and area requirements for commercial use. Residential units shall conform with the area requirements as provided in "R-3."

E. Height Limitation. The maximum height allowed in District "C-2" shall be three (3) stories or thirty-five (35) feet.

F. Yard Requirements.

1. Residential uses shall be the same as in "R-3."

2. Commercial Use. Where a commercial use adjoins or abuts a residential use or zone, the side yard shall be a minimum of ten (10) feet. Front yard shall be a minimum of twenty-five (25) feet. Where a commercial use adjoins a non-residential zone there shall be no yard requirements.

G. Floor Area. For single-family dwelling — one thousand two hundred (1,200) square feet.

Section 405.150 "C-3" Highway Commercial.

[R.O. 2006 §400.150; Ord. No. 415 Art. III §3070, 3-2-1982; Ord. No. 1830 §I, 1-20-2009; Ord. No. 2783, 8-15-2023]

A. Purpose. These areas are intended to provide service to the community and the traveling public. These uses usually require more space for display and parking and are located on major transportation routes. It is intended that these areas be developed with appropriate landscaping and screening materials.

B. Permitted Uses. The uses set out in Appendix A of this Chapter shall be permitted in this district.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Lot Area. There shall be no minimum width, and area requirements for in "C-3," except residential units, shall conform with the area requirements as provided in "R-3."

E. Height Limitations. The maximum height in "C-3" shall be three (3) stories or thirty-five (35) feet.

F. Yard Requirements.

1. Residential uses shall be the same as in "R-3."

2. Commercial Use. Where a commercial use adjoins or abuts a residential zone, the side yard shall be a minimum of ten (10) feet. Front yard shall be a minimum of twenty-five (25) feet. Where a commercial use adjoins a non-residential zone, there shall be no yard requirements.

G. Floor Area. Single-family dwelling — one thousand two hundred (1,200) square feet.

Section 405.160 "C-4" Planned Commercial Shopping Center District.

[R.O. 2006 §400.160; Ord. No. Art. III §3080, 3-2-1982; Ord. No. 502 §1, 5-14-1985]

A. Purpose. The purpose of this District is for a unified grouping, in one (1) or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the community and nearby areas. It is intended that the planned shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening materials

B. Permitted Uses — Generally. Property and buildings in a "C-4" Planned Shopping Center District, shall be used for the uses found in Appendix A of this Chapter, these uses shall be located in a unified shopping center which shall have not less than five (5) shops and stores, at least one (1) of which shall be a major outlet of not less than ten thousand (10,000) square feet of gross floor area. The shops and stores of the shopping center shall have a combined total gross floor area of not less than twenty thousand (20,000) square feet.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Building Height Requirements. Three (3) stories or thirty-five (35) feet.

E. Lot Area Requirements.

1. Minimum area. The parcel of land on which a planned shopping center is located shall not be less than that approved by the Board of Aldermen and the Planning and Zoning Commission.

2. All exterior solid waste containers and container racks or stands shall be screened from public view.

3. Where a "C-4" Planned Commercial Shopping Center District is adjacent to a Residential Zoning District, a landscaped greenbelt at least ten (10) feet in width shall be provided continuously on the back and/or sides of the commercial property lines with a minimum height of six (6) feet above grade consisting of a compact evergreen hedge, foliage screening, masonry wall, wood fence, or other types of screening, so long as the degree of screening is not less than the screening afforded by the fence, etc., and shall be maintained along the appropriate property line by the users of the "C-4" property. All landscaping shall be maintained in a healthy growing condition and the greenbelt shall not be used for off-street parking facilities or for loading space.

F. Yard Requirements.

1. All buildings shall set back from all street right-of-way lines not less than twenty-five (25) feet.

2. On the side of lot adjoining a residential district, there shall be a side yard of not less than thirty (30) feet, otherwise, a side yard width is not required.

3. There shall be a rear yard, alley, service court, or combination thereof, of not less than thirty (30) feet in width.

G. Sign Requirements. All advertising signs and structures shall be designed as an integral part of the shopping center development and shall be harmonious with the other design features of the center and shall conform to Chapter 425 of this Title.

H. Administration Procedures For Shopping Center Development.

1. The developer shall first make an application to the City for construction of a shopping center under this Zoning District. The application shall include the following in addition to the administrative requirements set forth in this Chapter:

a. The developer shall submit site plans of the proposed development which shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet; and which shall show the arrangement of the buildings, designs and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and utility drainage easements and facilities; and the relationship of the shopping center development to adjacent areas which it may affect.

b. The developer shall show evidence that indicates to the satisfaction of the Planning and Zoning Commission the ability and intent to carry out the development of the shopping center in accordance with the plans submitted in accordance with Subsection (H)(1)(a) above.

c. Development procedure. The developer shall obtain a building permit for the shopping center in accordance with the requirements and procedures of this Chapter, and shall begin construction of the shopping center within two (2) years after the effective date of approval of the application for construction of the shopping center, and shall make a reasonable and continuous progress toward completion. If the shopping center is not under construction within two (2) years after the effective date of the shopping center rezoning, the Warrenton City Planning and Zoning Commission shall review the status of the development, and if it shall find that the developer cannot proceed immediately with the development, in conformity with the requirements of this Section, this fact and the reasons thereof, shall be reported to the Warrenton Board of Aldermen. The Warrenton City Planning and Zoning Commission may, at its discretion, request that the City cancel the building permit.

2. Review of plan change. Any substantial deviation from the plat or building plans approved by the Commission shall constitute a violation of the building permit authorizing construction of the shopping center. Substantial changes in plans shall be resubmitted to the Warrenton City Planning and Zoning Commission for review and recommendations to the Warrenton Board of Aldermen to ensure compliance with the requirements and purpose and intent of this Section, and no building permit shall be issued for any construction which is not in substantial conformity with the approved plan.

Section 405.170 "M-1" Light Industrial.

[R.O. 2006 §400.170; Ord. No. 415 Art. III §3100, 3-2-1982]

A. Purpose. These areas are intended to provide an industrial park atmosphere for industries which do not generate noise, odor, dust, vibrations, and other adverse influences on adjacent land uses. These areas should contain considerable landscaped open space and attractive structures which house all of the activities of the individual firms. It is intended that these areas be developed with appropriate landscaping and screening materials.

B. Permitted Uses. The uses set out in Appendix A of this Chapter shall be permitted in this district.

C. Conditional Uses. Conditional uses permitted upon review of the Planning and Zoning Commission or conditional uses shall be as set out in Appendix A of this Chapter.

D. Lot Width And Lot Area. There shall be no minimum width and area requirements in District "M-1"; except that no structure shall occupy more than forty-five percent (45%) of the lot area.

E. Height Limitations. The maximum height allowed in District "M-1" shall be fifty (50) feet.

F. Yard Requirements.

1. Front yard. Minimum of fifty (50) feet.

2. There shall be no side or rear yard requirements.

G. Residential Use. There shall be no residential use other than caretaker facilities.

Section 405.180 "M-2" General Industrial.

[R.O. 2006 §400.180; Ord. No. 415 Art. III §3200, 3-2-1982]

A. Purpose. This District is intended to provide areas for general industrial activity where operations are not totally contained within structures and by the nature of the operations may not be compatible with other urban uses. It is intended that these areas be developed with appropriate landscaping and screening materials.

B. Permitted Uses. The uses set out in Appendix A of this Chapter shall be permitted in this district.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as set out in Appendix A of this Chapter.

D. Lot Width And Lot Area. There shall be no minimum width and area requirements except that no structure shall occupy more than forty percent (40%) of the total lot area.

E. Height Limitations. The maximum height allowed in District "M-2" shall be sixty (60) feet.

F. Yard Requirements. There shall be no yard requirements in District "M-2".

G. Residential Use. There shall be no residential use other than caretaker facilities.

Section 405.185 "OPR" Outdoor Public Recreation.

[Ord. No. 1891 §II, 3-16-2010; Ord. No. 2060 §I, 9-18-2012; Ord. No. 2081 §§I — II, 2-19-2013]

A. Purpose. This district is intended to provide diverse open space areas dedicated exclusively for parks, playgrounds, sports fields, fair grounds and private or non-for profit outdoor recreational areas. These areas should contain sufficient grounds and utilities for the operation of such outdoor recreational uses, together with sufficient motor vehicle parking, ingress and egress for vehicular and pedestrian traffic. It is intended that these areas be developed with appropriate landscaping and screening requirements.

B. Permitted Use. Sports fields and fairgrounds are permitted in this district. This use shall be set forth in Appendix A[1] of this Chapter. Private or for-profit campgrounds are specifically disallowed in this district. Temporary overnight camping within this zoning district is only allowed with an approved special event permit.

[Ord. No. 2216 §I, 3-17-2015]

[1] Editor's Note: Appendix A is included as an attachment to this Chapter.

C. Conditional Use. Parks, playgrounds and private or non-for-profit outdoor recreational areas are permitted upon review of the Planning and Zoning Commission and Board of Aldermen approval on a conditional basis. These uses shall be set forth as Conditional Uses in Appendix A of this Chapter.

D. Special Event Permit. Certain non-conforming events may be held in the "OPR" District by written permission of the Board of Aldermen, after written notice to all landowners within one hundred eighty-five (185) feet of the proposed event.

[Ord. No. 2130 §I, 12-17-2013]

1. A special event permit may be issued by the Board of Aldermen, provided that:

a. Such event conforms to the general intent and purpose of this Chapter;

b. Such event is not injurious to the general health, safety and welfare of the City;

c. Such event will not seriously injure the appropriate use and enjoyment of neighboring properties; and

d. Such event complies with the regulations of this district and Code as well as any additional restrictions and conditions ordered by the Board of Aldermen.

2. Application. An application for a special event permit shall be filed with the Zoning Official by the individual responsible for the event. The application shall include the following:

[Ord. No. 2216 §II, 3-17-2015]

a. Detailed plans, drawn to scale showing the intended use(s) and activities;

b. Plans showing the intended uses and hours of operation of existing and proposed grounds, structures, parking areas, and outdoor lighting facilities;

c. Plans showing necessary rest room facilities, crowd control/security plans, traffic control and traffic ingress/egress plans, lighting and noise control plans, trash/cleanup plans;

d. Emergency/safety plan, specifically detailing the size, type, description, and location of all proposed safety-related items and personnel to be included in the event along with a detailed written emergency response plan describing the proposed safety procedures in the event of an emergency.

e. Written permission from the owner of the land for the days and times of the proposed special event.

3. Processing of application. All special event permit applications must be submitted a minimum of ten (10) days prior to the Planning and Zoning Commission's regularly scheduled meeting in order to be placed on the Planning and Zoning Commission's agenda. Applications for special event permits will not be considered accepted by the City until all of the documentation deemed necessary by the Zoning Officer is received. Upon receipt of an application for an annual special event permit for which approval has been granted by the Board of Aldermen in a prior year, approval may be granted by the Zoning Officer after collaboration and approval by the Public Works and Police Departments of the City. All other permits will require that the Zoning Official shall forward copies of the application and accompanying information to the Planning and Zoning Commission, affected governmental entities and City staff. The Planning and Zoning Commission shall make written recommendations to the Board of Aldermen regarding the application's compliance with the criteria set forth in Subsection (D)(1) of this Section herein and any recommended conditions for approval of the special event. The Board of Aldermen shall consider the Planning and Zoning Commission's recommendations and any reports from City staff and public or governmental entities before final review of the special event permit application. The Zoning Officer, in his discretion, may submit a report to the Planning and Zoning Commission setting forth the following:

[Ord. No. 2511, 3-17-2020]

a. The effect of the proposed event on the safety and general welfare of the public;

b. The effect of the proposed event on surrounding residential neighborhoods;

c. Proposed conditions for the approval of the proposed event.

4. Determination. The Zoning Officer shall submit his report and the Planning and Zoning Commission's recommendations to the Board of Aldermen for final consideration. The Board of Aldermen shall determine whether the proposed event meets the criteria set forth in Subsection (D)(1) of this Section herein and provide any conditions of approval in writing within fifteen (15) days of determination. A time limitation for the special event shall be set forth if permitted by the Board of Aldermen. The individual applicant for the special event permit and the landowner shall be responsible for maintaining any conditions of approval prior to, during the course of and after the conclusion of any approved special event. If any conditions of approval are not maintained prior to or during the course of the event, the Chief of Police shall have the authority to cancel or close the event.

E. Accessory Buildings. Those buildings that are accessory and customarily incident to any of the permitted or conditional uses shall be allowed, however, no permanent residence shall be allowed.

F. Sign Regulation. All signs and bulletin boards within this zoning district shall conform to the requirements of the Warrenton City Code, except for Section 425.090(10) regulating "banner signs".

G. Height, Area And Bulk Regulations.

1. Minimum area. Thirty-five (35) acres. Contiguous lots under common ownership can be used to meet the minimum area requirement.

2. Maximum height. No structure shall be erected to exceed a height of two (2) stories or twenty-five (25) feet.

H. Residential Use. There shall be no residential uses. Vacation vehicles shall be allowed for events, however, all vacation vehicles shall be at all times in compliance with rules promulgated by the City of Warrenton's Director of Public Works.

I. Odor. Every use under this zoning district shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line on which the use is located.

J. Noise. Every use under this zoning district shall be so operated that no offensive or objectionable noise is perceptible at any point on the lot line on which the use is located.

K. Parking Regulations. Every use under this zoning district shall be so operated that no such vehicle parking shall be off site.

L. Lighting.

1. All exterior lighting, building, parking lot lights and landscape lights shall be directed away from adjacent highways, streets and properties so that no light is cast on adjoining properties or public roadways. No light standard utilized for the illumination of recreational areas shall exceed one hundred (100) feet in height. No light standard utilized for the illumination of parking areas shall exceed eighteen (18) feet. No other light standard shall exceed twelve (12) feet in height.

2. Fixtures mounted on structures shall be compatible in appearance to the light standards used.

3. Lighting in areas adjacent to residential districts shall be mounted to buildings and be of sufficient illumination to provide for security and safety. Care shall be taken to ensure minimal impact on those adjacent residential districts.

4. All lighting shall be high-pressure sodium and served with underground cable.

M. Sidewalks. Sidewalks shall be provided along all collector and arterial street frontages in conformance with the requirements set forth in Section 410.140, Subsection (B)(2 — 3) of the Warrenton City Code.

N. Screening. All outside trash containers, HVAC units, electric, telephone, gas meters, satellite dishes and rooftop mechanical apparatus shall be thoroughly screened with appropriate materials or landscaping to conceal the visibility of the object. Outside trash containers are to be screened with material matching or compatible with buildings or structures.

O. Site Design Requirements For Development. All new developments and/or buildings and/or alterations of existing structures in this district shall comply with the site plan requirements of Section 405.390 of the Warrenton City Code.

P. Compliance With Laws. All developments within this district shall at all times be operated in compliance with the Code of the City of Warrenton and any other County, State or Federal law or regulation.