City of Warrenton, MO
Warren County
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Table of Contents
Table of Contents
[R.O. 2006 §400.190]
This Article outlines regulations affecting more than one (1), or all, zoning districts and must be reviewed in every case when considering any type of land use within the City's jurisdiction; however, these supplemental regulations shall defer to any specific regulations within the respective zoning district sections.
[R.O. 2006 §400.200; Ord. No. 415 Art. V §500, 3-2-1982]
Where a line has been officially established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the officially established street line.
A. 
Authorization. Any home occupation that is incidental to the principal use of a building as a dwelling unit shall be permitted in any dwelling unit subject to the provisions of this Section.
B. 
Definition. An activity carried out for compensation in a residential dwelling unit or in a structure that is accessory to the residential dwelling.
C. 
Home Occupations Permitted. Home occupations include, but are not limited to, the following:
1. 
Dressmakers, seamstresses, tailors.
2. 
Artists, sculptors, photographers, authors and composers.
3. 
Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, accountants, ministers, priests, rabbis, sales representatives, manufacturers' representatives, home builders, home repair contractors, trash haulers and similar occupations, provided that no retailing and wholesaling of goods and materials are conducted on the premises.
4. 
Music and art teachers or other tutoring services.
5. 
Computer programming and data processing.
6. 
Mail order and Internet order, not including retail sales from the site.
7. 
Telephone answering or similar telecommunication services.
8. 
Washing and ironing.
9. 
Home crafts, such as model making, weaving, woodworking, ceramics and similar activities, provided that no machinery or equipment shall be used other than that which would customarily be found in the home, including machinery and equipment that would ordinarily be used in connection with a hobby or avocation not conducted for gain or profit.
10. 
"Work at home" activities where employees of a business, located at another site, perform work for the business in their own residences, provided all physical contact between the employee and the business occurs at the place of business, other than the initial installation of any equipment or other work facilities in the employee's residence. The work activities of the employee shall conform to all other requirements of this Section.
D. 
Performance Standards. In addition to all limitations applicable to the zoning district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
1. 
The home occupation shall be conducted entirely within the principal residential structure or in a permitted accessory building.
2. 
No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.
3. 
There shall be no outdoor storage of materials or equipment used in the home occupation.
4. 
No more than twenty-five percent (25%) of the gross floor area of the primary residential dwelling may be used for a home occupation.
5. 
No stock in trade shall be displayed or sold on the premises.
6. 
No manufacturing or processing of any sort shall be done, except as permitted in Subsection (C) of this Section.
7. 
No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises.
8. 
No sign shall advertise the presence or conduct of the home occupation.
9. 
No person other than an immediate member of the family related by blood, marriage, adoption or custodial relationship occupying the dwelling shall be employed in the home occupation.
10. 
No mechanical or electrical equipment other than normal domestic or household equipment shall be used.
11. 
The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery services or private vehicles with a gross vehicle weight rating of ten thousand (10,000) pounds or less.
12. 
No vehicles shall be parked and no equipment or materials shall be stored on the premises for trash haulers, home builders, home repair contractors and similar occupations.
13. 
The home occupation shall not produce offensive noise, vibration, illumination, smoke, electrical interference, dust, odors or heat. Any such condition detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a duplex or multi-family structure, shall constitute a violation of this Section.
E. 
Particular Home Occupations Prohibited. Permitted home occupations shall not include the following types of activities and uses:
1. 
Animal hospitals, stables or kennels.
2. 
Auto repairing and painting.
3. 
Barber and beauty shops, unless specifically permitted by the zoning district regulations.
4. 
Boarding and lodging houses, unless specifically permitted by the zoning district regulations.
5. 
Dancing schools and studios.
6. 
Funeral homes or mortuaries.
7. 
Furniture repairing and refinishing.
8. 
Massage businesses.
9. 
Medical offices for doctors, dentists or veterinarians.
10. 
Nursery schools, day care homes and day care centers, unless specifically permitted by the zoning district regulations.
11. 
Palm reading or fortunetelling.
12. 
Photofinishing.
13. 
Portrait studios.
14. 
Preparation of food for sale.
15. 
Radio and television repair shops.
16. 
Raising animals for sale.
17. 
Restaurants.
18. 
Shops for contractors and tradesmen, such as electricians, plumbers and carpenters.
19. 
Sign painting.
20. 
Tattoo parlors.
[R.O. 2006 §§400.220, 625.050; CC 1978 §51.050; Ord. No. 415 Art. V §520, 3-2-1982]
A. 
Where junk yards are permitted, the establishment and/or maintenance of such uses shall be subject to the following requirements;
1. 
No junk yard shall conduct business within the City unless said junk yard is screened from public streets and highways by a tight wood or vinyl fence, the material of which is in reasonably good appearance, not less than ten (10) feet high or of sufficient height to screen the junk yard kept within from view of persons using the public streets and highways within the City on foot or vehicle in the ordinary manner. Such screen fence shall be kept in good repair at all times and shall be painted if necessary to make said fence of reasonably good appearance.
2. 
Any junk yard shall be located not less than two hundred (200) feet from any residential district boundary.
[R.O. 2006 §400.230; Ord. No. 415 Art. V §530, 3-2-1982]
Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists and pedestrians.
[R.O. 2006 §400.240; Ord. No. 415 Art. V §§540.01 — 540.02, 3-2-1982; Ord. No. 1847 §I, 5-19-2009]
A. 
In any district where manufactured and/or mobile home parks are permitted as an approved conditional use, the establishment of such accommodations shall be subject to the following requirements:
1. 
A manufactured and/or mobile home park shall be located on a tract of land not less than five (5) acres in area, with minimum width and depth dimensions of two hundred (200) feet.
2. 
Approved screen plantings of trees and/or large shrubs will be required along lot lines to all adjoining residential lots and/or buildings.
3. 
Not more than one (1) installation shall be permitted per lot and none shall be installed on a lot already having a dwelling.
4. 
Minimum lot size and minimum yard dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the manufactured and/or mobile home park is located.
a. 
The minimum size lot to receive a manufactured and/or mobile home shall have a width of seventy (70) feet and a minimum lot area of eight thousand four hundred (8,400) square feet.
b. 
Side yard. Ten (10) feet.
c. 
Rear yard. Twenty-five (25) feet.
d. 
Front yard. Thirty (30) feet.
5. 
Maximum height of buildings. No building or structure within the manufactured and/or mobile home park shall exceed a height of twenty-five (25) feet.
6. 
Off-street parking and accessways. There shall be provided, within the boundaries of the manufactured and/or mobile home park site, not less than one (1) off-street parking space for each manufactured and/or mobile home space.
[R.O. 2006 §400.250; Ord. No. 1930 §I, 1-20-2010; Ord. No. 1961 §§II — III, 5-17-2011; Ord. No. 2378, 11-21-2017]
A. 
Applicability. For every use hereafter established, there shall be provided sufficient space for access and off-street standing, parking and unloading of motor vehicles that may be expected to come to an establishment at any time under normal conditions for any purpose, whether as patrons, customers, employees, guests or otherwise; or when a use is expanded, changed or converted to a new use, accessory off-street parking and loading shall be provided in accordance with the following regulations for the area or capacity of such expansion.
B. 
Location Of Parking Or Loading Space. All required off-street parking or loading spaces shall be provided on the same parcel of land occupied by the use to which it is appurtenant. However, where there are practical difficulties in the way of such location of parking space or if the public safety or convenience would be better served by another location, the Planning and Zoning Commission may recommend and the Board of Aldermen may approve an alternative location as will adequately serve the public interest, subject to the following conditions:
1. 
Such off-premises parking areas will require execution of a written agreement between the parties.
2. 
Pedestrian access to such space shall be located within a distance of three hundred (300) feet by the shortest route of effective pedestrian movement.
3. 
Such space shall be usable without causing unreasonable traffic congestion, detriment to any residential neighborhood, or hazard to pedestrians or vehicular traffic.
C. 
Off-street parking and loading facilities shall be drained to eliminate standing water and to prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, or servicing of any vehicles, equipment, materials or supplies.
D. 
Computation Of Parking Spaces.
1. 
For the purpose of computing required off-street standing or parking or loading space, the gross floor area shall be used.
2. 
In calculating the required parking for any given building or site, parking provisions shall be made for each use separately except as otherwise provided in Subsection (E). When the application of parking or loading requirements would result in a fractional space, any such fraction shall be counted as one (1) space.
3. 
To translate gross parking area into parking spaces, a factor of three hundred fifty (350) square feet per gross automobile parking space shall be applied.
4. 
In calculating any required parking area, other than for detached or attached single-family dwellings, sufficient access and maneuver space shall be provided to permit the parking and removal of any vehicle without moving other vehicles.
5. 
Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof.
6. 
If there is any uncertainty with respect to the amount of parking space required by the provisions of this Chapter as a result of any indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type of use that is involved shall govern.
E. 
Modification Of The Parking Required.
1. 
The total amount of parking space required for a given lot or parcel may be reduced by site plan review.
2. 
In any development where a mixture of residential uses and office or retail uses is permitted, the combined total number of parking spaces required for such combination of uses may be reduced up to twenty percent (20%) where same is justified to the satisfaction of the City by the parking analysis submitted by a competent traffic engineer or planner.
F. 
Design And Maintenance Standards For Automobile Parking Areas. All areas providing off-street parking shall conform with the standards of Subsections (G) through (I) of this Section.
G. 
Parking Space Size, Angle And Aisle Width. Minimum design standards for off-street parking and maneuvering space shall be as follows:
Angle of Parking
Depth of Stall Perpendicular
Width of Stall Parallel to Aisle
Minimum Aisle Width
Parallel
9.0 feet
24.0 feet
12 feet one way
30 degrees
17.3 feet
18.0 feet
23 feet one way
45 degrees
19.8 feet
12.7 feet
13 feet one way
60 degrees
21.0 feet
10.4 feet
15 feet one way
90 degrees
19.0 feet
9.0 feet
23 feet
Off-street parking lots designed for parking vehicles longer than nineteen (19) feet, bumper to bumper, shall have parking stall and maneuvering space areas of such sizes and dimensions as will accommodate the parking and maneuvering of such vehicles. Vertical clearance of not less than seven (7) feet is required for all parking areas.
H. 
Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of access to a street or public service drive.
I. 
Off-Street Parking Requirements. Subsections (J) through (L) of this Section provide for the minimum number of off-street parking spaces required for the various uses of a given lot or parcel subject to the modifications permitted by the site plan review procedure.
J. 
Public And Community Service Activities.
1. 
Nursery Schools And Day Care Centers, Public Or Private: One (1) parking space for each staff member or employee plus convenient and safe opportunities for the pickup and discharge of children from autos or buses; ten (10) spaces minimum.
2. 
Schools (Except High School): One (1) parking space for each three (3) seats in the auditorium or main assembly room, or four (4) spaces for each classroom, whichever is greater. Parking space requirements shall be calculated on the maximum capacity of the facility.
3. 
High School: One (1) parking space for each three (3) students based on the maximum student capacity of the facility.
4. 
Business, Commercial Or Trade School, Including Secretarial Or Beautician School: One (1) parking space for each three (3) students based on the maximum student capacity of the facility.
5. 
Community Center, Church, Temple Or Place Of Assembly: One (1) parking space for each four (4) seats in the auditorium or general assembly room.
6. 
Private Club: One (1) parking space per two hundred (200) square feet of gross floor area.
7. 
Public Library, Museum Or Art Gallery: Ten (10) spaces per building plus one (1) additional space for each three hundred (300) square feet of floor area in excess of one thousand (1,000) square feet.
K. 
Residential.
1. 
General Residential Occupancy, Including Single-Family Attached And Detached: One (1) parking space per dwelling unit.
2. 
Multi-Family Dwellings: Two (2) parking spaces per dwelling unit.
3. 
Housing Designed Especially For And Occupied Exclusively By The Elderly (Over Sixty (60) Years Of Age) Or By The Severely Disabled: One (1) parking space per four (4) dwelling units plus one (1) guest parking space for each ten (10) units.
4. 
Hotel Or Motel: One (1) parking space for each sleeping room, plus one (1) parking space for each two (2) employees, plus additional spaces as required herein for affiliated uses (i.e., restaurants).
L. 
Business And Commercial Uses.
1. 
Automobile Service Station: Two (2) parking spaces for each service bay or wash rack plus one (1) parking space for each employee, based upon the normal peak employment of the facility but not less than two (2) parking spaces.
2. 
Car Wash: Five (5) standing spaces for each stall or wash rack in a self-service establishment.
3. 
Drive-In Banking And Similar "Drive-In Service" Establishment: Five (5) standing spaces for each teller or customer window.
4. 
New Automobile Sales: One (1) parking space for each four hundred (400) square feet of enclosed floor area plus one (1) parking space for three thousand (3,000) square feet of open lot area devoted to the sale or display of motor vehicles.
5. 
Restaurant, Tavern Or Cocktail Lounge: One (1) parking space for each one hundred (100) square feet of floor area. Ten (10) spaces minimum.
6. 
Restaurant, Drive-In: One (1) space per seventy-five (75) square feet of floor area, ten (10) spaces minimum.
7. 
Retail Store, Personal Service Establishment Or Any Other Commercial Use (Except Amusement Or Recreation) Not Otherwise Provided Herein: One (1) parking space for each two hundred fifty (250) square feet for buildings < 49,999 square feet, or one (1) parking space for each three hundred fifty (350) square feet for buildings > 50,000 square feet.
8. 
Bowling Alley: Six (6) parking spaces for each alley. In the event that a restaurant, nightclub, cafe, bar, tavern, eating place or cocktail lounge is operated as part of or in conjunction with a bowling alley, additional parking areas shall be provided as required herein for such restaurant, nightclub, cafe, bar, tavern, eating place or cocktail lounge.
9. 
Theatre Or Auditorium (Except School): One (1) parking space for each four (4) seats, bench seating spaces or other seating space.
10. 
Amusement, Recreation Or Exhibition Hall Without Fixed Seats: One (1) per one hundred (100) square feet of gross floor area, twenty-five (25) spaces minimum. Does not include accessory uses.
11. 
Office Usage, Other Than Medical Offices: One (1) parking space for each two hundred fifty (250) square feet of floor area.
12. 
Medical Offices: One (1) parking space per one hundred fifty (150) square feet of gross floor area.
13. 
Dispatch General Service And Repair Establishment Where Work Is Performed Away From The Premises And No Overnight Parking Is Required: One (1) parking space per each employee on the premises plus two (2) visitor spaces.
14. 
Animal Hospital: One (1) parking space per four hundred (400) square feet of floor area; ten (10) spaces minimum.
15. 
Manufacturing Or Industrial Establishment, Research Or Testing Laboratory, Creamery, Bottling Plant, Warehouse Or Similar Establishment Or Any Other Industrial Use Not Specifically Provided For Herein: One (1) parking space for every two (2) employees working on the two (2) principal shifts at the maximum employment capacity together with a parking space to accommodate each truck or other vehicle used in conjunction with the operation of the business plus ten (10) parking spaces for customer parking.
16. 
Health Club Facility: One (1) parking space per three (3) members/patrons based on the occupancy load established by local fire, building and health codes, whichever is greater, plus one (1) space per employee on the largest working shift. The parking may be reduced up to twenty percent (20%) when the Planning and Zoning Commission is satisfied that an adequate parking study has been conducted and when the results of such study indicate that such a reduction would be warranted.
17. 
Tennis Court Facility: Four (4) spaces per court.
M. 
Modification Of Downtown Commercial Historic Area (DCHA) Parking Requirements. The Downtown Commercial Historic Area (DCHA) is defined as Main Street from State Highway 47 west to Elm Street. The total amount of parking and loading space required for a given lot or parcel may be reduced by site plan review. Loading space requirements shall not be required within the DCHA.
N. 
Required Number Of Designated Handicapped Parking Spaces.
1. 
All owners of parking facilities consisting of at least eleven (11) contiguous parking spaces shall designate a minimum number of handicapped parking spaces according to the following schedule:
Total Parking Spaces
Handicapped Spaces
Less than 10
0
11 — 30
1
31 — 70
2
71 — 100
3
Over 100
3 plus 1 space per every 100 spaces over 100
2. 
The location of handicapped parking spaces for both existing and future parking lots shall be determined by the Planning and Zoning Commission.
3. 
Standards in excess of the minimum standards provided above may be imposed by the Planning and Zoning Commission during the site plan review process. In the event the Commission finds the above standards to be insufficient to meet an identified need for a particular type pending or future development project the commission may impose a higher parking ratio standard to meet such a need.
4. 
Owners of existing parking facilities are required to designate a sufficient number of handicapped parking spaces on or before December 31, 1987. No site plan for any new parking facility shall be approved unless it is in compliance with this Chapter.
O. 
Dimensions And Locations Of Designated Handicapped Parking Spaces. Designated handicapped parking spaces shall be at least twelve (12) feet wide. Owners of parking lots in existence at the time of the adoption of this Chapter, who are required to designate handicapped parking spaces by December 31, 1987, shall not be required to restripe to meet dimensions requirements before June 30, 1988. Where possible, spaces shall be located so that handicapped persons are not compelled to wheel or walk behind parked vehicles.
P. 
Designating Signage. Each parking space designated for handicapped parking shall be clearly marked with a sign, immediately adjacent to, and readily visible from, the designated parking space at a height of four (4) feet from ground level and displaying the international handicapped symbol in white on blue background. Signs may also include any appropriate wording to indicate that the space is reserved for handicapped parking only.
Q. 
Site Plan Review And Approval. The Planning and Zoning Commission may by site plan review and approval allow an applicant to construct parking facilities less than the total spaces required herein provided space to accommodate the total parking requirement for the use is reserved and further, provided the applicant agrees to construct all or part of the remaining required parking area as the need arises as determined by the City.
R. 
Off-Street Loading Requirements. Off-street loading spaces shall be provided in all districts as follows:
1. 
Use Or Category: Retail store, department store, restaurant, wholesale house, warehouse, general service, manufacturing or industrial establishment.
Floor Area In Square Feet
Loading Spaces Required
2,000 — 5,000
One
5,000 — 10,000
Two
10,000 — 20,000
Three
20,000 — 40,000
Four
Each 40,000 over 40,000
One Additional
2. 
Use Or Category: Apartment building, motel, hotel, office or office building, hospital or similar institutions or places of public assembly.
5,000 — 10,000
One
10,000 — 100,000
Two
100,000 — 200,000
Three
Each 100,000 over 200,000
One Additional
3. 
Use Or Category: Funeral home or mortuary.
2,500 — 4,000
One
4,000 — 6,000
Two
Each 10,000 over 6,000
One Additional
4. 
Where a building is used for more than one (1) use, and where floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required.
[1]
Cross References — As to off-street parking and loading in "RC-1" zoning district, §405.110(E).
[R.O. 2006 §400.255; Ord. No. 1640 §I, 11-7-2006]
A. 
No accessory building or structure shall be used prior to the principal building or use except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this Chapter. Accessory buildings must be located in the rear yard of a lot and must conform to all provisions of this Chapter. Vehicle storage garages may be located in a side or rear yard.
1. 
Detached accessory buildings and structures.
a. 
Height. In any district except "AG", a detached accessory building or structure shall not exceed the height of the primary building.
b. 
Yard and area requirements. No detached accessory building or structure shall be erected in any required front or side yard. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area, except as otherwise regulated by this Chapter. No detached building or structure may be erected closer than five (5) feet to the rear or side lot line and not less than ten (10) feet from any portion of the main building. In no case shall any accessory structure be located in a required drainage area or a recorded easement area.
c. 
Building bulk regulations. Accessory structures sizes in "AG" shall only be required to comply with Subsection (A)(1)(b) above. There shall be not more than two (2) accessory buildings per lot.
[Ord. No. 2126 §I, 12-3-2013]
[R.O. 2006 §400.260; Ord. No. 415 Art. V §560, 3-2-1982]
A. 
In each zone district each structure hereafter erected or altered shall be provided with the yards specified, shall be on a lot of the area and width specified, and shall not exceed the heights specified in the District Schedule. The height regulations as prescribed in this resolution, shall not apply to church spires, monuments, tanks, water towers, fire towers, flagpoles, and grain elevators. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure. However, additional height and area regulations include:
1. 
Public, semi-public or public service buildings, hospitals, institutions, schools and churches, when permitted in a district, may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is being built.
2. 
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, tanks, water towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the City.
3. 
Accessory use or building, including a private garage, customarily incident to the above uses, but not involving the conduct of a business. Any accessory building that is not a part of the main structure shall be located in the rear yard not less than ten (10) feet from any portion of the main building not less than five (5) feet from any lot line.
[R.O. 2006 §400.265; Ord. No. 1156 §I, 1-2-2001; Ord. No. 1668 §I, 12-19-2006; Ord. No. 1847 §II, 5-19-2009]
A. 
Purpose. The purpose of this landscaping and screening regulation is:
1. 
To provide greenery to visually soften paved areas and buildings.
2. 
To establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation and noise, glare and heat abatement.
3. 
To ensure that the local stock of native trees is replenished, plant material shall generally be native or hardy to this region.
4. 
To buffer uncomplimentary land uses and to enhance the quality and appearance over the entire site of the project.
B. 
Authority. The landscape plan shall be part of the site plan and shall be reviewed by the Planning and Zoning Commission with approval by the Board of Aldermen.
C. 
Application. Landscape plan:
1. 
Landscaping consisting of trees, shrubs, ground cover and screening (where applicable) shall be required for new construction or expansion of existing uses.
2. 
Hereafter, all plans submitted in support of a site plan or building permit shall include a landscape plan.
3. 
Exception. All single-family unit developments shall be exempt from this requirement. However, this exemption shall not exempt certain uses for which screening is required.
D. 
Information Required. All plans submitted for approval of a landscape plan shall have the following information included:
1. 
North point and scale.
2. 
Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.
3. 
The location, size and surface of materials of all structures and parking areas.
4. 
The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation.
5. 
The approximate location, type, size and quantity of all proposed landscape materials with the names of all plant species. The size, grading and condition shall be specified according to American Association of Nurserymen standards.
6. 
The location, size and common name of all existing plant materials to be retained on the site. Large masses of trees may be indicated by mass outline only.
7. 
Mature sizes of plant material shall be drawn to scale and called out on plan by common name or appropriate key.
8. 
Location of hose connections and other water sources.
9. 
The location of all existing trees twelve (12) inch caliper or larger measured at four and one-half (4½) feet above ground level on sites that are proposed for removal.
10. 
The location, size and type of required screening methods.
E. 
Landscaping Requirements.[1]
1. 
Minimum tree requirements per use/zoning district.
a. 
Two-family and multiple family units.
(1) 
One (1) tree per fifty (50) feet, or portion thereof, of street frontage, public or private, shall be required within the building setback line abutting said street frontage. Said trees may be clustered or arranged within the setback and need not be placed evenly at fifty (50) foot intervals.
(2) 
In addition to the required trees, based upon street frontage, one (1) tree shall also be required for every two (2) dwelling units. These trees may include the trees required in parking areas.
b. 
Planned unit developments.
(1) 
One (1) tree per fifty (50) feet, or portion thereof, of street frontage, public or private, shall be required within the landscape setback abutting said street frontage. Said trees may be clustered or arranged within the setback and need not be placed evenly at fifty (50) foot intervals.
(2) 
In addition to the required trees, based upon street frontage, one (1) tree shall be required per three (3) dwelling units. These trees may include trees required in parking lots.
c. 
"C-1" and "C-2" commercial zones. Where a commercial zone is adjacent to a residential zone, a landscaping green belt of at least ten (10) feet in width shall be provided continuously on the back and/or sides of the property lines. Said green belt shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid fence or other type of screening with a minimum height of six (6) feet above grade, so long as the degree of screening is not less than the screening afforded by a fence, and shall be maintained along the appropriate property line by the user of the commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or loading space.
d. 
"C-3" and "C-4" commercial zones. Where a commercial zone is adjacent to a residential zone, a landscaping green belt of at least ten (10) feet in width shall be provided continuously on the back and/or sides of the property lines. Said green belt shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid fence or other type of screening with a minimum height of six (6) feet above grade, so long as the degree of screening is not less than the screening afforded by a fence, and shall be maintained along the appropriate property line by the user of the commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or loading space.
e. 
"M-1" and "M-2" industrial zones. Where an industrial zone is adjacent to a residential zone, a landscaping green belt of at least ten (10) feet in width shall be provided continuously on the back and/or sides of the property lines. Said green belt shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid fence or other type of screening with a minimum height of six (6) feet above grade, so long as the degree of screening is not less than the screening afforded by a fence, and shall be maintained along the appropriate property line by the user of the commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or loading space.
f. 
Existing trees saved. Existing trees saved on the site during construction may be credited toward the minimum tree requirements specified for each zoning district. Those existing trees credited shall be a minimum of two (2) inch caliper as measured six (6) inches above the ground for deciduous shade trees. Minimum size for existing ornamental and evergreen species shall be four (4) feet in height. All existing plant material saved shall be healthy and free of mechanical injury.
g. 
Trees planted. The majority of the required trees planted shall be medium and large deciduous shade trees.
[1]
Cross Reference — As to landscaping requirements in the "RC-1" district, see §405.110(F).
F. 
Landscaping Plan. A landscaping plan must be submitted and reviewed by the Planning and Zoning Commission with approval by the Board of Aldermen as part of the site plan process. Landscaping plans shall meet the following standards:
1. 
All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs and shall be maintained by the property owner.
2. 
Trees in front yards shall be planted at a ratio of at least one (1) two and one-half (2½) caliper shade tree for every forty (40) feet of street frontage. Clustering of trees and shrubs is encouraged, as opposed to even spacing of trees.
3. 
Parking lots shall be landscaped with at least one (1) two and one-half (2½) caliper shade tree for every seven (7) parking spaces. These trees shall be planted in a landscaped planting area with dimensions of at least ten (10) feet by ten (10) feet. The spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.
4. 
Building foundations shall be landscaped at a ratio of at least one (1) shrub or tree for every ten (10) feet of exterior wall. Clustering of these plantings is also encouraged.
5. 
Each site shall be required to install a permanent irrigation system in front yards.
G. 
Screening Requirements.
1. 
Application. All plans submitted in support of a site plan approval, building permit or conditional use permit shall include a detailed drawing of applicable screening methods. Such drawing may be included as part of the landscape plan.
2. 
Trash bin screening. All multi-family residential projects, manufactured and/or mobile home parks and all commercial, office and industrial projects shall include on the landscape plan a detailed drawing of enclosure and screening methods to be used in connection with trash bins on the property. No trash bin shall be visible from off the property and a permanent screen fence or wall enclosure shall be provided for each such bin. Such permanent screen fence shall be a minimum of six (6) feet high, three (3) sided, completely enclosed and shall not be chain link.
3. 
Residential screen required.
a. 
All buildings or additions thereto in all commercial and industrial districts ("C-1" to "C-4" and "M-1" and "M-2" inclusive) shall provide a planting screen along all rear and side property lines which are common to property zoned for residential purposes, except that such screening shall not extend in front of any building line or adjacent dwellings and shall not be required where such screening exists on the abutting residential property.
b. 
All multiple-family unit developments and planned unit developments abutting property zoned "R-1", "R-2" and "R-3" shall provide a planting screen, except that such screening shall not extend in front of any building line or adjacent dwellings and shall not be required where such screening exists on the abutting residential property.
4. 
Special subdivision buffer treatment along major streets. When a subdivision abuts or contains an existing or proposed parkway, thoroughfare or collector street, the Planning and Zoning Commission may require marginal access streets, reverse frontage with screen planting contained in a twenty (20) foot wide non-access reservation along the rear property line, or such other treatment as might be necessary for adequate protection of residential properties, to afford separation of through and local traffic and to retain the traffic carrying capacity of the thoroughfare or collector streets. All such improvements shall be subject to the approval of the City Engineer and the Board of Aldermen.
5. 
Parking lot screening rear and side yards. Any off-street parking area providing space for five (5) or more vehicles shall be effectively screened on any side or rear yard, which abuts a residential lot, by a planting screen. Such screening shall not be required where it already exists on the abutting property or where view of said parking lot from the residential lot is effectively screened by a change in grade, placement of buildings or other method.
6. 
Screening standards. A screen shall consist of a wall, berm, fence or plantings or any combination of the following types listed below:
When a screen is required, the Planning and Zoning Commission and/or Board of Aldermen may require a wall screen, fence, earth berm, planting screen or any combination thereof. A wall screen, fence, earth berm, planting screen or a combination thereof may be required after two (2) growing seasons following installation if a planting screen has not formed an opaque screen.
7. 
Screen types defined.
a. 
BERMS: A berm screen constructed of earthen materials shall not exceed a slope steeper than two and one-half (2½) feet horizontal to one (1) foot vertical. It shall be sodded and landscaped. Plantings shall be added to provide an effective screen at least five (5) feet high, including berm when planted. An opaque screen of at least six (6) feet in height must be formed within two (2) growing seasons after installation.
b. 
FENCE, OPEN: An open weave or mesh type fence, constructed of wood or other approved material, shall be not less than six (6) feet in height nor more than eight (8) feet. The fence shall form an effective opaque screen.
c. 
FENCE, SOLID: A solid fence screen shall be not less than six (6) feet in height nor more than eight (8) feet and shall be constructed of wood or other approved materials. The fence shall form an effective opaque screen.
d. 
PLANTINGS: A plant screen shall consist of compact evergreen plants or other approved plants. The plantings shall be a minimum of five (5) feet high, as measured from the adjacent property, when planted. An opaque screen of at least six (6) feet in height must be formed within two (2) growing seasons after installation.
e. 
WALLS: A wall screen consisting of concrete, stone, brick, tile or similar type of approved solid masonry material shall be not less than six (6) feet in height nor more than eight (8) feet. The screen wall shall form an effective opaque screen.
8. 
Landscaping requirements in screened areas. The intent of this Section is to achieve an aesthetic screen area.
a. 
Not less than thirty percent (30%) of the required screening area shall be landscaped. The screening area shall be described as the length of the rear or side property lines (screening shall not extend in front of any building line or adjacent dwellings) which are common to property zoned for residential purposes to a depth of ten (10) feet.
b. 
The landscaping materials shall be reasonably dispersed throughout the screening area.
c. 
The primary landscaping materials to be used in the screening areas shall be evergreen trees unless an alternative material is previously approved by the Board of Aldermen.
9. 
Screen design.
a. 
Height. Where there is a difference in elevation on opposite sides of the screen within ten (10) feet of the screen, the height shall be measured from the highest elevation.
b. 
Sight triangle. On a corner lot in any district, no planting, berm, fence or wall shall be placed in such a manner as to impede vision within a ten (10) foot sight triangle.
H. 
Installation, Maintenance And Enforcement.
1. 
Landscaping in place prior to occupancy permit. All landscape material, living and non-living, shall be healthy and in place prior to issuance of final occupancy permit. A temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.
2. 
Maintenance.
a. 
The trees, shrubs, fences, walls and other landscaping materials depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan.
b. 
The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.
c. 
Plant material exhibiting evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plants promptly removed and replaced within the next planting season.
d. 
All landscaping will be subject to periodic inspection by the City's Building Commissioner or his/her designee. Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered in violation of the terms of the building or occupancy permit. The Building Commissioner or his/her designee is empowered to enforce the terms of this Chapter.
3. 
Buffer strips. Landscaped buffer strips of at least ten (10) feet wide shall be provided along the perimeter of a commercial site where said site is adjacent to a residential area. Said buffer strip may be provided within the commercial subdivision tract or on the adjacent residential property. The Planning and Zoning Commission and the Board of Aldermen may require provision of a fence, wall or screen if either determines such as necessary to protect adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the development should be shown on the final plat submitted for Board of Aldermen approval.
I. 
Industrial Zones.
1. 
Trees. Trees shall be planted within designated buffer strips, green belts, pedestrian ways and other landscaped areas as designated on approved plans and plats provided they are planted so as not to interfere with pedestrian or vehicular traffic movement, stormwater conveyance, or construction and maintenance of utilities:
a. 
Where required or permitted, trees shall be of ornamental, evergreen, or of the large deciduous types, such as oak, maple, ash, hickory or thornless honey locust.
b. 
The following trees are not permitted in buffer strips, green belts, pedestrian ways or any other landscaped areas required by this Chapter: Box elder, soft maple, hackberry, American elm, poplar ailanthus (tree of heaven), willow and mimosa.
c. 
All required trees shall be sound and healthy at the time of planting; root systems shall be balled and burlapped. Required trees shall be protected from damage by wind and other elements. However, guy wires and ropes, where provided, shall not damage bark or break branches. Trees shall be guaranteed by the developer for one (1) full year after planting with dead or otherwise unacceptable trees to be replaced by the developer at his/her expense during the guarantee period.
d. 
As required, and with prior approval by the Planning and Zoning Commission and the Board of Aldermen, trees shall be of different species or varieties along green belts, pedestrian ways or any other landscaped areas. This prevents the possibility of one (1) species dominating an area and then acquiring a disease that will either severely damages or kill the trees thus eliminating required landscaping.
e. 
Required trees shall meet the following minimum size requirements: Large deciduous, non-ornamental (such as maple, oak, hickory), two (2) inch caliper, measured six (6) feet above the ground.
f. 
Ornamental (such as flowering cherry, flowering crab apple, dogwood), four (4) feet in height. Evergreen four (4) feet in height.
[R.O. 2006 §400.270; Ord. No. 415 Art. V §570, 3-2-1982]
A. 
Where uncertainty exists to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
1. 
Where boundaries approximately follow streets, highways or alleys. District boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
2. 
Where boundaries approximately follow platted lot lines. District boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3. 
Where boundaries approximately follow City limits. District boundaries indicated as approximately following City limits shall be construed as following such City limits.
4. 
De-annexation. In the event of changes in City limits removing territory from the City, district boundaries shall be construed as moving with City limits.
5. 
Where boundaries follow railroad lines. District boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
6. 
Where boundaries follow stream beds or other bodies of water. District boundaries indicated as following centerlines of stream beds or other bodies of water shall be construed to follow such centerlines.
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
[Ord. No. 1692 §I, 5-15-2007]
A. 
Purpose.
1. 
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Warrenton;
2. 
Minimize adverse visual impacts of antennas and antenna support structures through the careful design, siting, landscape screening and innovative camouflaging techniques;
3. 
Maximize the use of existing and new antenna support structures so as to minimize the need to construct new or additional facilities;
4. 
Maximize and encourage the use of disguised support structures so as to ensure the architectural integrity and the scenic quality of areas within the City.
B. 
Definitions. As used herein, the following terms shall have the meanings and usages indicated:
ANTENNA
Any device or array that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite earth stations less than six (6) feet in diameter, any receive-only home television antennas and any antenna supported by a structure not greater than seventy-two (72) feet in height which is owned and operated by an amateur radio operator licensed by the FCC and located at the residence of such operator.
ANTENNA SUPPORT STRUCTURE
Any structure designed and constructed for the support of antennas, including any tower or disguised support structure, but excluding those support structures not greater than seventy-two (72) feet in height owned and operated by an amateur radio operator licensed by the FCC and located at the residence of such operator. For purposes of this Section, the term antenna support structure shall also include any related and necessary cabinet or shelter.
BUILDING
A structure, other than a single-family residence, not constructed primarily for the support of antenna but which may be utilized for such purposes in accordance with this Section.
CABINET
A casing or console, not to include a shelter, used for the protection and security of communications equipment associated with one (1) or more antennas, where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.
CO-USE
The location and use of two (2) or more antennas on a single antenna support structure.
DISGUISED SUPPORT STRUCTURE
Any freestanding, man-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, pylon sign structures, water towers, artificial trees, flagpoles and light standards.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FREESTANDING TOWER
A tower designed and constructed to stand alone on its own foundation and free of architectural or supporting frames or attachments including, but not limited to, self-supporting (lattice) towers and monopoles.
HEIGHT
The vertical distance measured from the base of a structure at mean ground level to its highest point, including the main structure and all attachments thereto. Mean ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
PLANNING AND ZONING OFFICER
The planning and zoning officer of the City of Warrenton or his/her designee.
SHELTER
A building for the protection and security of communications equipment associated with one (1) or more antenna(s) where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.
TOWER
A structure designed for the support of one (1) or more antenna(s), including self-supporting (lattice) towers, monopoles or other freestanding towers or guyed towers, but not disguised support structures or buildings.
C. 
General Requirements. The requirements set forth in this Section shall be applicable to all antennas, antenna support structures, cabinets and shelters installed, built or modified after the effective date of this Section (May 15, 2007) to the full extent permitted by law:
1. 
Building codes, safety standards and zoning compliance. To ensure the structural integrity of antennas, antenna support structures, cabinets and shelters, any such facility shall be constructed and maintained in compliance with all standards contained in any applicable building codes, electrical codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required hereunder, no antenna or support structure shall be erected prior to zoning approval and the issuance of a building permit.
2. 
Regulatory compliance. All antennas and antenna support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other Federal or State agency with the authority to regulate antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within six (6) months of the effective date of the revision unless an earlier date is mandated by the controlling agency.
3. 
Security. All antennas and antenna support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of any permit as deemed necessary by the Planning and Zoning Officer or the Board of Aldermen.
4. 
Lighting. Antennas and antenna support structures shall not be lighted unless required by the FAA or other Federal or State agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antenna(s) or support structures.
5. 
Advertising. Unless a disguised support structure, except in the form of a permitted advertising sign, the placement of advertising on antenna support structures is prohibited.
6. 
Design.
a. 
Guyed towers are prohibited without the specific approval of the Board of Aldermen, based upon its determination that no other type of tower can be feasibly installed at the proposed location.
b. 
Antenna support structures, except disguised support structures, shall maintain a galvanized steel finish or, subject to the requirements of the City or the FAA, FCC or any applicable Federal or State agency, be painted a neutral color consistent with the natural or built environment of the site.
c. 
Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with such other reasonable design guidelines as may be required by the City, including but not limited to landscaping approved by the Board of Aldermen.
d. 
Antennas attached to a building or disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.
D. 
Site Requirements.
1. 
Towers shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet at the time of installation. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the City upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
2. 
Vehicle or outdoor storage on any tower site is prohibited.
3. 
On-site parking for periodic maintenance and service shall be provided at all locations.
E. 
Zoning, Location, Setback And Height.
1. 
Zoning. Antennas and antenna support structures may be located in any zoning district, subject to the location, setback and height restrictions of this Section.
2. 
Location. No antenna support structures, excluding disguised support structures, shall be located within one-half (½) mile of another, pre-existing antenna support structure with the distance being measured from the center of the base of the existing structure to the center of the base of the proposed structure. Without the specific approval of the Board of Aldermen, antenna support structures, other than disguised support structures, shall not be located within five hundred (500) feet of any residential structure or any property used as a park, playground, school or church.
3. 
Setback. The minimum setback from all adjoining property lines shall be that required for principal structures in the applicable zoning district, plus one (1) additional foot for every one (1) foot in height of the antenna support structure.
4. 
Height.
a. 
Antenna support structures shall not exceed a height of seventy-two (72) feet in any of the City's zoning districts, unless a different height is authorized under the co-use provisions of these regulations or on the specific approval of the Board of Aldermen.
b. 
Antennas mounted on a building shall not exceed the height of the building on the effective date of this Section (May 15, 2007) without the specific approval of the Board of Aldermen based on its determination that the proposed height does not have a detrimental effect on surrounding property.
F. 
Co-Use.
1. 
Prior to the issuance of any permit, the applicant shall:
a. 
Submit a notarized statement to the City agreeing to make the proposed antenna support structure available for use by others, subject to reasonable technical limitations and financial terms.
b. 
Furnish an inventory to the director of all known antenna support structures and potential building sites located within one-half (½) mile of the proposed structure site, identifying the owner of same as well as the antenna support structure's type and reference name or number, if applicable, and the street location, latitude and longitude, height, type and mounting height of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. The applicant shall further demonstrate that it has requested co-use of each existing building or antenna support structure from the owner thereof and/or shall indicate why such co-use is inappropriate or was otherwise not allowed.
c. 
Antenna support structures may be constructed or modified so as to exceed the height limitations provided in Section 405.280(E)(4) hereof to accommodate co-use. An applicant may request an extension of twenty (20) additional feet per co-user, whether actual or anticipated, up to a limit of forty (40) additional feet. The City may also require the applicant for new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
d. 
In the event that a conditional use permit is requested for the construction of a new antenna support structure, the applicant shall notify in writing any other known potential service providers in that area that the structure will be available for co-use. Said notices shall issue on or before the day on which the applicant submits to the City an application for a conditional use permit for the structure. The notice shall allow potential co-users thirty (30) days within which to express any interest in co-use, during which time the applicant shall not commit to a design for the structure which precludes co-use. The willful and knowing failure of an applicant to agree to co-use or to negotiate in good faith with potential co-users may be cause for either the denial of a pending application, the revocation of an existing conditional use permit and/or the withholding of future similar permits to the applicant.
G. 
Administrative Permit. Prior to the issuance of a building permit, plans for the following administratively authorized installation shall be reviewed and approved by the Planning and Zoning Officer and/or the Board of Aldermen's designee. In the event of disapproval of such plans, approval may be sought by way of conditional use permit.
1. 
Uses authorized by administrative permit.
a. 
The attachment of additional antennas to any antenna support structure existing on the effective date of this Section (May 15, 2007) or subsequently approved in accordance herewith, provided that the existing antenna support structure is not modified to extend the height thereof.
b. 
The construction of a disguised support structure in the all Residential Zoning Districts ("R-1", "R-2", "R-3", "RC-1" and "RC-2" Zoning Districts), provided that all related equipment shall be placed underground or concealed within the structure. In addition, the construction of a disguised support structure in all Commercial Districts and Industrial Districts provided that all related equipment shall be placed underground or concealed within the structure or placed in a cabinet if the disguised support structure is accessory to an existing commercial, industrial, institutional or other non-residential use. In the event that any support structure is of a design or type such that there is a question of whether such design or type is effective to camouflage or conceal its presence as an appropriately placed architecture or natural feature, the Planning and Zoning Officer or the Board of Aldermen's designee may disapprove such support structure.
c. 
The installation of antennas or the construction of an antenna support structure on buildings or land owned by the City of Warrenton in conjunction with the approval of a lease agreement by the Board of Aldermen.
d. 
The installation or mounting of antennas on any existing high voltage utility towers in excess of forty (40) feet in height.
e. 
The one-time replacement of any antenna support structure existing on the effective date of this Section (May 15, 2007) or subsequently approved in accordance with these regulations.
f. 
The installation of antennae on buildings or structures or the construction of an antennae support structure on land owned by a Federal or State agency, Federal or State board or Federal or State authority.
g. 
Antenna dishes in excess of twenty-four (24) inches in diameter.
2. 
Application procedure. An application for an administrative permit shall be made on the appropriate forms to the Planning and Zoning Officer, accompanied by payment of the prescribed fee.
a. 
Applicant shall submit a detailed site plan, based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements, including buildings, drives, walkways, public rights-of-way, the zoning district categories of the parcel and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features and the coordinates and height above ground level of the existing or proposed tower.
b. 
The application shall be reviewed by the Planning and Zoning Officer and/or the Board of Aldermen's designee to determine compliance with the applicable standards and transmit the application for review and comment by other City departments as may be affected by the proposed facility. The Planning and Zoning Officer and/or the Board of Aldermen's designee may request additional information from the applicant. The application shall not be deemed to be complete until such information is received from applicant.
c. 
The Planning and Zoning Officer shall issue a decision on the permit within sixty (60) days of the date on which the application is deemed complete or the application shall be deemed approved. The Planning and Zoning Officer may deny the application or approve the application as submitted or with such modifications as are, in the judgment of the Planning and Zoning Officer, reasonably necessary to protect the safety and general welfare of the residents of the City of Warrenton. A decision to deny an application shall be made in writing and shall state the specific reasons for the denial.
d. 
An appeal from the decision of the Planning and Zoning Officer may be taken to the Board of Adjustment by filing such appeal within thirty (30) days from receipt of the denial.
H. 
Conditional Use Permit Required. All proposals to install, build or modify an antenna or antenna support structure not authorized for an administrative permit under Section 405.280(G) hereof shall require the approval of the Board of Aldermen of a conditional use permit following receipt of a recommendation by the Planning and Zoning Commission and a duly advertised public hearing by the Board of Aldermen.
1. 
Application. An application for a conditional use permit, accompanied by a detailed site plan conforming with Section 405.280(G)(1) hereof, shall be filed and processed in the manner established for all other conditional use permits, except as supplemented by this Section.
2. 
Public hearing. The public hearing required for consideration of the application for conditional use permit shall be recorded and all documentary evidence of any kind submitted in support of or against the application shall be identified and labeled by the City Clerk and made a part of the public record. The Board of Aldermen may exercise its discretion to continue the public hearing for the purpose of accepting additional oral or documentary evidence into the record for consideration.
3. 
Findings required. In addition to any other determination required by the Zoning Code for the consideration of an application far a conditional use permit, the Board of Aldermen shall make findings as to the following based upon the evidence submitted with the application and/or presented during the public hearing by the applicant or others.
a. 
Whether the existing antenna support structure or buildings are located within the geographical network area necessary to meet the applicant's system engineering requirements.
b. 
Whether such existing antenna support structures or buildings are of sufficient height to meet system engineering requirements.
c. 
Whether such existing antenna support structures or buildings have sufficient structural strength to support the applicant's proposed antenna(s).
d. 
Whether such existing antenna support structures or buildings could be altered or modified to meet system engineering requirements or to support the applicant's proposed antenna(s).
e. 
Whether the proposed antennas would experience or cause signal interference with antennas on existing antenna support structures or buildings.
f. 
Whether the fees, costs or other contractual terms required by an owner to lease, modify or otherwise provide for co-use on an existing and suitable antenna support structure or building are reasonable. Costs exceeding that of a new antenna support structure are presumed unreasonable.
g. 
Whether there are other limiting conditions that render existing antenna support structures or buildings within the applicant's required geographic area unsuitable.
4. 
Determination.
a. 
If the Board of Aldermen determines that an application meets the criteria of these regulations, the Board shall grant a conditional use permit, subject to such conditions as the Board deems appropriate for the protection of the public safety and welfare of the residents of the City.
b. 
If the Board determines that, although an application does not meet the strict requirements of the criteria of these regulations but satisfies the general purpose and intent of said criteria based upon the particular circumstances, the Board of Aldermen may grant a variance from said criteria and grant a conditional use permit, subject to such conditions as the Board deems appropriate for the protection of the public, safety and welfare of the residents of the City.
c. 
If the Board determines that the prescribed criteria hereof effectively would preclude the applicant's reception and/or transmission of signals and that the applicant's proposed location and height are a matter of absolute engineering and economic necessity in order to ensure the completion of the applicant's network, the Board may grant a conditional use permit subject to such conditions as the Board deems appropriate for the protection of the public, safety and welfare of the residents of the City
d. 
A decision by the Board of Aldermen on an application shall be accompanied by specific findings of fact based upon the evidence presented.
I. 
Removal Of Antenna Support Structure — Security For Removal.
1. 
Any antenna support structure which is occupied by an inactive antenna for a period of one (1) year shall be removed at the owner's expense and the site restored to its original state.
2. 
Any applicant for a new support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this Section including, without limitation, the failure to remove such structure as required by Subsection (A) of this Section or any other applicable regulation. The bond or security shall be in the form approved by the Board of Aldermen, in an amount not less than fifteen thousand dollars ($15,000.00) or such additional amount as is determined by the Board of Aldermen to protect the City in the event of non-compliance with the requirements hereof.
J. 
Prosecution For Violation. Any person violating any of the provisions of this Section, upon conviction thereof, shall be subject to the penalties provided for violation of City ordinances.
[R.O. 2006 §400.285; Ord. No. 973 §I, 11-18-1997; Ord. No. 2268 §I, 5-3-2016]
A. 
The planned unit development 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. 
After review and report by the Planning and Zoning Commission, the Board of Aldermen may approve a PUD of less area than specified above 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.
Application for a planned unit development shall be made in accordance with subdivision regulations. The minimum lot and yard requirements and maximum height requirements of the zoning district in which the development is located shall apply, however, the Board of Aldermen may increase and/or decrease any minimum requirement on a site specific, case by case basis.
In addition to requirements of the subdivision regulations, the following information should be submitted with the preliminary plat and/or site plan for a planned unit development:
1. 
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.
2. 
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.
3. 
Character. 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.
4. 
Ownership. Statement of present and proposed ownership of all land within the project. This should include management and use of all open space.
a. 
The planned unit development shall be constructed upon one (1) lot.
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, conditional use permit.
c. 
It shall be required that any transfer of ownership or lease of the property within the planned unit development 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 planned unit development.
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, conditional use permit. 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.
5. 
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.
6. 
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 site specific, site plan and/or conditional use permit requirements.
c. 
The covenants and restrictions must be recorded with the final plat and/or site plan.
7. 
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.
8. 
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.
9. 
Service facilities. Provide information on all service facilities and off-street parking facilities.
10. 
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.
11. 
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.
12. 
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.
[Ord. No. 2231 §I, 6-16-2015; Ord. No. 2330 § I, 4-18-2017]
A. 
Non-Conforming Developed Lots. Individual residential lots with prior conditional use approval for multifamily housing such as duplexes, triplexes and quadplexes, that were resubdivided via metes and bounds and recorded with the Warren County Recorder of Deeds after approval by the City of the original subdivision plat and constructed prior to the passage of this Section shall heretofore be legal, non-conforming, buildable lots under the City's Zoning Code. Any legal non-conforming lot shall meet all the requirements of Section 405.295 of this Code. Any structure rebuilt on a legal non-conforming lot shall meet all applicable building setback requirements, except when a duplex, triplex or quadplex is rebuilt on the prior footprint of the original structure.
B. 
Undeveloped Multifamily Lots. Individual, undeveloped lots conditionally approved for a multifamily residence prior to the passage of this Section may develop a single-family residence, duplex, triplex or quadplex and resubdivide the lot below the applicable minimum lot size with an approved lot specific conditional use permit, as set forth below. A conditional use permit to develop an undeveloped multifamily lot must be submitted for each lot proposed to be developed. Approval of more than one (1) undeveloped multifamily lot may be requested on the same conditional use permit application. Any subdivision conditionally approved for multifamily housing, including duplexes, triplexes and quadplexes, approved after June 16, 2015, is ineligible for a conditional use permit for an individual lot multifamily development and cannot be resubdivided below the applicable minimum lot size as set forth in the City's zoning ordinance.
C. 
Conditional Use Permit Requirements. Prior to submitting an application for a conditional use permit for an undeveloped multifamily lot development, the applicant must comply with Section 405.340 of the City's Zoning Code and provide the following additional information:
1. 
Drawing. A plot plan drawing prepared by a registered professional engineer and/or surveyor showing all of the proposed improvements to the lot, including but not limited to the structure(s), driveways, sidewalks, decks, porches, cantilevers/overhangs and utilities. Additionally, the plot plan drawing shall show the proposed lot split, easements, and building/setback lines.
2. 
Deed Restrictions. This plat is approved by the City of Warrenton Ordinance # _____. Any structure rebuilt that requires a modification of the original building footprint(s) approved by such ordinance is prohibited unless approved by a new City ordinance. This property is subject to all City of Warrenton building codes and zoning ordinances.
D. 
Approval And Conditions. Any undeveloped multifamily lot development shall contain at least the following conditions for an approved conditional use permit:
1. 
Commencement Of Construction. Construction of any residence must begin within one hundred eighty (180) days of the approval of any conditional use permit, or the approval is void.
2. 
Recording/Final Survey. No document representing the subdivision of the lot shall be recorded unless it contains the signature of the Mayor acknowledging such compliance and approval. The approved resubdivided lot per the approved conditional use permit shall be recorded with the Warren County Recorder of Deeds, and a copy shall be provided to the City, prior to the issuance of the building permit. Prior to the issuance of an occupancy permit, a final sealed survey shall be provided to the City that contains the approved lot lines and improvements. Additionally, the survey shall contain an acknowledgement that the building and all improvements have been constructed per the plans submitted and approved with the lot specific conditional use permit and that the approved deed covenant and/or restrictions have been properly recorded.
3. 
Reestablishment Of Original Lot. No residence shall be allowed to be constructed on an approved subdivided lot unless it is constructed pursuant to the approved plans. The recorded resubdivided lot per the approved conditional use permit shall be prohibited from being reestablished to the original lot unless the reestablished lot meets all of the requirements of Chapter 410, Subdivision Requirements.
E. 
Certified Copies For The City. A certified copy of the recorded lot split survey, deeds and the recorded covenants and restrictions shall be provided to the City within ten (10) days of recording said documents with the Warren County Recorder of Deeds.