[R.O. 2006 §400.310; Ord. No. 415 Art. VII §7000, 3-2-1982; Ord. No. 1826 §I, 1-20-2009]
A.
This Chapter shall be enforced by a Zoning Officer, appointed by
the Mayor and approved by the Board of Aldermen. The Zoning Officer
shall be the same as the Director of Planning and Development. No
land or structure shall be changed in use and no structures shall
be erected, altered or moved until the Building Commissioner has issued
a building permit certifying that the plans and intended use of land,
buildings and structures are in conformity with this Chapter. No land
or structure hereafter erected, moved or altered in its use shall
be used until the Building Commissioner shall have issued a certificate
of occupancy and compliance stating that such land or structure is
found to be in conformity with the provisions of this Chapter.
[Ord. No. 2562, 11-17-2020]
B.
In
case any building or structure is constructed, reconstructed, altered,
repaired, converted or maintained, or any building, structure or land
is used in violation of this Chapter, the Building Commissioner or
any owner or tenant of real property in the same contiguous zoning
district as the building or structure in question, in addition to
other remedies, may institute any appropriate action or proceeding:
1.
To prevent the unlawful construction, reconstruction, alteration,
repair, conversion, maintenance or use;
2.
To prevent the occupancy of the building, structure or land;
3.
To prevent any illegal act, conduct, business or use in or about
the premises; or
4.
To restrain, correct or abate the violation.
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When any such action is instituted by an owner or tenant, notice
of such action shall be served upon the municipality at the time suit
is begun, by serving copy of the complaint on the Mayor. No such action
may be maintained until such notice has been given.
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[R.O. 2006 §400.320; Ord. No. 415 Art. VII §7010, 3-2-1982; Ord. No. 977 §I, 12-16-1997]
A.
A Board
of Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board
of Adjustment. The Board shall consist of five (5) members, all of
whom shall be residents of the City appointed by the Mayor and approved
by the Board of Aldermen. The term of office of the members of the
Board shall be for five (5) years, excepting that the membership of
the first (1st) Board shall be one (1) member for one (1) year; one
(1) for two (2) years; one (1) for three (3) years; one (1) for four
(4) years; and one (1) for five (5) years. Thereafter the members
shall be appointed for terms of five (5) years each. Vacancies shall
be filled for the unexpired term only. Members shall be removable
for cause by the Mayor and the Board of Aldermen upon written charges
and after public hearing.
1.
Three (3) alternate members shall be appointed by the Mayor and approved
by the Board of Aldermen to the Board of Adjustment. Said alternate
members shall be residents of the City and shall be known as Alternate
Member (A), Alternate Member (B) and Alternate Member (C). The term
of office of the alternate members of the Board shall be for five
(5) years, excepting that the membership of the first (1st) alternate
members of the Board of Adjustment shall be one (1) year for Alternate
Member (A); three (3) years for Alternate Member (B); and five (5)
years for Alternate Member (C). Thereafter, the alternate members
shall be appointed for terms of five (5) years each.
2.
Alternate Member (A) shall have seniority and priority to serve in
the absence of or the disqualification of the first (1st) regular
member.
3.
Alternate Member (B) shall have seniority and priority to serve in
the absence of or the disqualification of the second (2nd) regular
member or in the absence of or the disqualification of Alternate Member
(A). However, if Alternate Member (B) is serving in the absence of
or the disqualification of Alternate Member (A), Alternate Member
(A) must have been given a twenty-four (24) hour notice of said meeting
and the record of proceedings of the Board shall show the same.
4.
Alternate Member (C) shall have seniority and priority to serve in
the absence of or the disqualification of the third (3rd) regular
member or in the absence of or disqualification of Alternate Member
(A) and/or Alternate Member (B). However, if Alternate Member (C)
is serving in the absence of or the disqualification of Alternate
Member (A) and/or Alternate Member (B), Alternate Member (A) and/or
Alternate Member (B) must have been given a twenty-four (24) hour
notice of said meeting and the record of proceedings of the Board
shall show the same.
5.
Alternate members shall be removable for cause by the Mayor and the
Board of Aldermen upon written charges and after public hearing.
B.
The
Board shall elect its own Chairman and Secretary, who shall serve
for one (1) year. The Board shall adopt from time to time such rules
and regulations as it may deem necessary to carry into effect the
provisions of this Chapter.
C.
Appeals
to the Board of Adjustment may be taken by any person aggrieved, by
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by any officer, department, board or
bureau of the municipality affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the officer from whom the
appeal is taken and with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. An appeal
stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him/her that by reason of facts stated in the certificate a stay
would, in his/her opinion, cause immediate peril to life or property.
In such case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by a court
of record on application or notice to the officer from whom the appeal
is taken and on due cause shown. The Board of Adjustment shall fix
a reasonable time for the hearing of the appeal, give public notice
thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon the hearing any party may
appear in person or by agent or by attorney.
D.
The
Board of Adjustment according to Missouri Statutes Section 89.090
shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Zoning
Officer in the enforcement of Sections 89.010 to 89.140, RSMo., or
of any ordinance adopted pursuant to such Sections;
2.
To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter; and
3.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of this Chapter to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the construction or alteration
of buildings or structures or use of the land so that the spirit of
this Chapter shall be observed, public safety and welfare secured
and substantial justice done.
E.
In
exercising the above mentioned powers as provided by Missouri Statutes
Section 89.010 — 89.140 such Board may reverse or affirm wholly
or partly, or may modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision, or determination
as ought to be made and to that end shall have all the powers of the
officer from whom the appeal is taken.
F.
The
concurring vote of four (4) members of the Board shall be deemed necessary
to reverse any order, requirement, decision, or determination of the
Zoning Officer, or to decide in favor of the applicant on any matter
upon which it is required to pass under this Chapter, or to effect
any variation in this Chapter, or to recommend any variation or modification
in this Chapter to the corporate authorities.
G.
Meetings
shall be held at the call of the Chairman and at such other times
as the Board may determine. The Chairman, or in his/her absence, the
Vice-Chairman, may administer oaths and compel the attendance of witnesses.
All meetings shall be open to the public.
H.
The
Board of Adjustment shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote indicating such fact and shall keep records of its examinations
and other official actions, all of which shall be a public record
and be immediately filed in the office of the Board.
[R.O. 2006 §400.330; Ord. No. 415 Art. VII §7020, 3-2-1982]
A.
The
Board of Adjustment shall have the power, where there are practical
difficulties or unnecessary hardship in the way of carrying out the
strict letter of this Chapter, to vary or modify the application of
any of the regulations or provisions of this Chapter relating to the
construction or alteration of buildings or structures or the use of
land so that the spirit of this Chapter shall be observed, public
safety and welfare secured and substantial justice done.
1.
A written application for a variance is submitted demonstrating:
a.
Special conditions and circumstances exist which are peculiar to
the land, structure, or building involved, and which are not applicable
to other lands, structures, or buildings in the same district;
b.
Literal interpretation of the provisions of this Chapter would deprive
the applicant of rights commonly enjoyed by other properties in the
same district under the terms of this Chapter.
c.
The special conditions and circumstances do not result from the actions
of the applicant.
d.
Granting the variance requested will not confer on the applicant
any special privilege that is denied by this Chapter to owners of
other lands, structures, or buildings in the same district.
e.
No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted use of lands, structures, or
buildings in other districts shall be considered grounds for the issuance
of a variance.
2.
A public hearing shall be held. Any party may appear in person, or
by agent or by attorney.
3.
Findings of Board of Adjustment.
a.
The Board of Adjustment shall make findings that the requirements of Subsection (A)(1) have been met by the applicant for a variance.
b.
The Board of Adjustment shall further make a finding that the reasons
set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
c.
The Board of Adjustment shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this Chapter, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
B.
In
granting any variance, the Board of Adjustment may prescribe appropriate
conditions and safeguards in conformity with this Chapter. Violation
of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this
Chapter.
C.
Under
no circumstances shall the Board of Adjustment grant a variance to
permit a use not generally permitted in the district involved, or
any use expressly or by implication prohibited by the terms of this
Chapter in said district.
Any person or persons jointly or severally aggrieved by any
decision of the Board of Adjustment, any neighborhood organization
as defined in Section 32.105, RSMo., representing such person or persons
or any officer, department, board or bureau of the municipality, may
present to the circuit court of the County or City in which the property
affected is located a petition, duly verified, setting forth that
such decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such petition shall be presented to the court within
thirty (30) days after the filing of the decision in the office of
the Board. Upon the presentation of such petition the court may allow
a writ of certiorari directed to the Board of Adjustment to review
such decision of the Board of Adjustment and shall prescribe therein
the time within which a return thereto must be made and served upon
the relator's attorney, which shall not be less than ten (10) days
and may be extended by the court. The allowance of the writ shall
not stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the Board and on due cause shown,
grant a restraining order. The Board of Adjustment shall not be required
to return the original papers acted upon by it, but it shall be sufficient
to return certified or sworn copies thereof or of such portions thereof
as may be called for by such writ. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified. If, upon
the hearing, it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take additional evidence
or appoint a referee to take such evidence as it may direct and report
the same to the court with his/her findings of fact and conclusions
of law, which shall constitute a part of the proceedings upon which
a determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decision brought up
for review. Costs shall not be allowed against the Board unless it
shall appear to the court that it acted with gross negligence, or
in bad faith, or with malice in making the decision appealed from.
All issues in any proceedings under Sections 89.080 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.
[Ord. No. 1642 §II, 11-7-2006]
A.
Purpose. The conditional use permit procedure is intended
to provide the Planning and Zoning Commission and the Board of Aldermen
with discretionary review of requests to establish or construct uses
or structures which may be necessary or desirable in a zoning district,
but which may have the potential for negative or deleterious impact
on the health, safety and welfare of the public. The purpose of the
review is to determine whether the proposed location of the use or
structure is appropriate and whether it will be designed, located
and operated so as to avoid, minimize or mitigate adverse impacts
upon the community and other properties in the vicinity. The Board
of Aldermen may impose conditions upon such uses and structures that
are intended to avoid, minimize or mitigate adverse impacts upon the
community and other properties in the vicinity. The Board of Aldermen
may deny requests for a conditional use permit when it is evident
that a proposed use or structure will or may cause harm to the community
or injury to the value, lawful use and reasonable enjoyment of other
properties in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission
may recommend and the Board of Aldermen may authorize the establishment
of those conditional uses that are expressly permitted as a conditional
use in a particular zoning district. No conditional use shall be authorized
unless such conditional use to be granted complies with all of the
applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for
conditional use permit containing the following information shall
be filed with the City.
1.
Applicant's name and address and legal interest in the property.
2.
The owner's name and address if different than the applicant.
3.
Street address or common description and legal description of the
property.
4.
Zoning classification and present use of the property.
5.
Description of the proposed conditional use.
6.
Statement as to why the proposed use will comply with the applicable standards in Section 405.340(G).
7.
Statement identifying any potentially adverse effects and how the
proposed conditional use will be designed, arranged and operated in
order to ensure that the conditional use will not cause harm to the
community and that the value, use and reasonable enjoyment of property
in the vicinity will not be adversely affected.
9.
The proposed ingress and egress to the site including adjacent streets.
10.
A preliminary plan for provision of sanitation and drainage facilities.
11.
Any additional information as may be required in accordance with
the requirements of the zoning district in which the conditional use
is proposed to be located or as the Commission may request.
D.
Commission Action On Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 405.350.
2.
Following the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Section 405.340(G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. The record of Commission action shall be sent to the Board of Aldermen within thirty (30) days of the Commission's decision.
E.
Board Of Aldermen Action On Conditional Use Permit.
[Ord. No. 2605, 6-15-2021]
1.
The Board of Aldermen may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission or may reverse or modify such decision by a majority vote of the full Board of Aldermen. In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Section 405.340(G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity Time Period. Any conditional use permit authorized shall be validated within one (1) year from the date of approval by the Board of Aldermen or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started or if an occupancy permit is obtained and the conditional use is commenced. The Board of Aldermen may grant one (1) additional extension of time not exceeding six (6) months without notice or hearing. Requests for time extension shall be made by filing an application with the City before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Sections 405.340(C) through 405.340(E).
G.
Conditional Use Standards. A conditional use permit shall
be granted only if evidence is presented at the public hearings that
the conditional use will comply, to the extent applicable, with the
following standards:
1.
The conditional use will be consistent with the policies and intent
of the Warrenton Comprehensive Plan and the Warrenton zoning regulations.
2.
The conditional use will not increase flood or water damage hazard
to adjoining properties.
3.
The conditional use will not generate noise that exceeds the sound
levels that are typical of uses permitted in the district.
4.
Adequate access roads or entrance and exit drives will be designed
and provided to prevent traffic hazards and to minimize traffic congestion
at the site.
5.
Street right-of-way and pavement width in the vicinity of the conditional
use is or will be adequate for traffic reasonably expected to be generated
by the proposed use.
6.
Glare of stationary or vehicular lights from the conditional use
will not adversely affect the character of the neighborhood and if
such lights will be visible from a residential district, measures
to shield or direct lights to mitigate glare are proposed.
7.
The conditional use will not have any substantial adverse effect
upon the use or enjoyment of adjacent and nearby property or conditions
affecting the public health, safety and welfare.
8.
The conditional use will be designed, constructed and operated so
as not to interfere with the development and use of adjacent property
in accordance with the applicable zoning district regulations.
9.
In the case of existing structures to be converted to a use requiring
a conditional use permit, the structure shall meet all fire, health,
building, plumbing and electrical requirements of the City of Warrenton.
10.
The conditional use otherwise complies with all applicable regulations
of this Chapter.
H.
Written
Protest. If a written protest against a requested conditional use
permit plan is submitted, duly executed and acknowledged by the owners
of thirty percent (30%) or more, within an area (exclusive of streets
and places) included in such conditional use permit plan, or within
an area determined by the lines drawn parallel to and one hundred
eighty-five (185) feet distant from the boundaries of the property
included in said request, such request can only be fully and finally
approved and reduced to a resolution of the favorable vote of two-thirds
(⅔) of the members of the Board. Said written protests must
be submitted no later than 5:00 P.M. at the office of the City Clerk
at least one (1) day preceding the scheduled meeting of the Board
at which said conditional use permit plan is to be voted upon.
[R.O. 2006 §400.350; Ord. No. 415 Art. VII §7040, 3-2-1982; Ord. No. 1643 §I, 11-7-2006]
A.
B.
Except
for the extension of existing district boundaries, no change in zoning
classification to a commercial or industrial category shall be considered
which involves an area of less than two (2) acres, and no separate
commercial or industrial district of less than two (2) acres shall
be created by any amendment.
C.
Before
any amendment is adopted the Planning and Zoning Commission shall
hold a public hearing thereon after a notice of the hearing has been
published in the official newspaper not less than fifteen (15) days
before the hearing. Following the hearing the Planning and Zoning
Commission shall make a report of its findings and recommendations
on the proposed amendment and shall file a copy with the City Clerk
within ten (10) days. Failure of the Planning and Zoning Commission
so to report shall be deemed to be approval by the Commission of the
proposed amendment.
D.
Upon
the filing of such report or upon the expiration of such ten (10)
days as aforesaid, the Board of Aldermen may adopt the amendment or
any part thereof in such form as it deems advisable. In case of a
protest against such amendments duly signed and acknowledged by the
owners of thirty percent (30%) or more, within an area (exclusive
of streets and places) included in such proposed amendment, or within
an area determined by lines drawn parallel to and one hundred eighty-five
(185) feet distant from the boundaries of the district proposed to
be amended, such amendment shall not become effective except by the
favorable vote of two-thirds (2/3) of all members of the Board of
Aldermen. Said written protests must be received at the office of
the City Clerk no later than 5:00 P.M. at least one (1) day preceding
the scheduled meeting of the Board at which said amendment request
is to be voted upon.
[R.O. 2006 §400.360; Ord. No. 415 Art. VII §7050, 3-2-1982]
A.
The Board of Aldermen hereby establishes a schedule of fees and a collection procedure for permits and applications, as required by this Chapter. The schedule of fees listed in Section 405.400 shall be posted in the office of the City Clerk and may be altered or amended only by the Board of Aldermen.
B.
No
permit shall be issued nor shall any action be taken on proceedings
unless or until the fees have been paid in full.
[R.O. 2006 §400.370]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used in violation of this Chapter, the City, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by an officer
empowered to cause any building, structure, place or premises to be
inspected and examined and to order in writing the remedying of any
condition found to exist therein or thereat in violation of any provision
of this Chapter.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than ten dollars
($10.00) and not more than one hundred dollars ($100.00) for each
and every day that such violation continues, but if the offense be
willful on conviction thereof, the punishment shall be a fine of not
less than one hundred dollars ($100.00) or more than two hundred fifty
dollars ($250.00) for each and every day that such violation shall
continue or by imprisonment for ten (10) days for each and every day
such violation shall continue or by both such fine and imprisonment
in the discretion of the court.
C.
Any
such person who having been served with an order to remove any such
violation shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations of this Chapter, in the respect named in such order shall
also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[R.O. 2006 §400.380; Ord. No. 415 Art. VII §7090, 3-2-1982]
In applying the provisions of this Chapter, they shall be held
to be the minimum requirements for the promotion of the public health,
safety, and general welfare. Whenever the provisions of this Chapter
require a greater lot width, or size yards, or other open spaces;
or impose more restrictive requirements than are required under another
Chapter, then the requirements of this Chapter shall govern. Whenever
the provisions of any other lawfully adopted ordinance shall be deemed
more restrictive than those of this Zoning Ordinance; then the most
restrictive ordinance shall govern.
[R.O. 2006 §400.394; Ord. No. 1157 §I, 1-2-2001; Ord. No. 1481 §§I
— II, 4-5-2005; Ord. No. 1566 §I, 12-6-2005; Ord.
No. 1660 §I, 11-21-2006; Ord. No. 1661 §I, 11-21-2006; Ord. No. 1773 §I, 5-6-2008; Ord. No. 1953 §I, 3-15-2011; Ord.
No. 1965 §I, 6-17-2011]
A.
Intent And Purpose. The site plan process is intended to
ensure the adequate review and consideration of potential impacts
of proposed developments, changes of use and changes of business in
"R-3", "RC-1" and "RC-2" and commercial and industrial districts upon
surrounding uses and activities and to encourage a high standard of
site and building uses.
B.
Administrative
Site Plan Approval. The Planning and Zoning Officer, with the concurrence
of the Board of Aldermen's designee, shall have the authority to administratively
review and approve site plans and site plan modifications for the
following:
[Ord. No. 2399, 4-17-2018; Ord. No. 2564, 11-17-2020]
1.
Remodeling of a building or structure that does not involve land disturbance activity as defined in Section 430.020 of the Code herein.
3.
Remodeling of building or structure resulting in expansion of
no more than ten percent (10%) of the main building and still adhering
to all Code requirements.
4.
A change or conversion in use if the Planning and Zoning Officer
and the Board's of Aldermen's designee determine that the new use
is not more intense.
5.
A request for minor modification to a site plan approved pursuant to Section 405.390(D). For purpose of this Section, a minor modification shall only include a reduction in ten percent (10%) or less of the parking, landscaping or buffer requirements.
6.
In the event that the Planning and Zoning Officer or the Board
of Aldermen's designee finds that the proposed development, change
of use, change of business or minor modification has a potential detrimental
effect on the parking, ingress or egress of pedestrian traffic, automobile
traffic or use(s) of surrounding properties or the proposed administratively
authorized approval may have a detrimental effect on the safety and
general welfare of the residents of the City, the Planning and Zoning
Officer or the Board of Aldermen's designee shall cause said site
plan or site plan modification to be submitted to the Planning and
Zoning Commission and Board of Aldermen for approval. Said finding
of detrimental impact shall be made, in writing, within thirty (30)
days of receipt of application for administrative site plan review.
C.
Site Plan Application And Submission Requirements.
1.
An application for site plan process may be filed by any person with
a financial, contractual proprietary interest in the property to be
used according to the submitted plan.
2.
An application fee of one hundred twenty-five dollars ($125.00) plus
costs shall be paid upon submission of the application and shall be
non-refundable.
3.
All applications for site plan review and approval shall be submitted to the Planning and Zoning Officer for review and filed by staff in the office of the City Clerk. All applications for administrative site plan review shall contain information as requested by the Planning and Zoning Officer and/or the Board of Aldermen's designee. All applications for site plan review under Section 405.390(D) shall contain the following information as well as any additional information that the Planning and Zoning Commission ("Commission") may request:
a.
All applications shall be signed by the applicant and shall state
the applicant's name and address.
b.
The site plan shall include all necessary data and drawings in order
that the Commission can determine whether the proposed change complies
with the zoning district requirements and that the City departments
affected by the project may assess the impact of the proposed use
on public facilities and services on the surrounding area.
c.
The data and drawings required shall include, but not be limited
to:
(1)
A legal description and a survey, certified by a registered
land surveyor, showing property boundary lines and dimensions; and
all easements, roadways, rail lines and public rights-of-way, any
part of which cross or are adjacent to and affect the subject property;
and that all necessary easements can be obtained;
(2)
The location of the site, its present use and proposed use and
its relationship to surrounding uses, buildings and zoning;
(3)
The location and size (square footage) of each building on the
site;
(4)
The height of the building or buildings;
(5)
The dimensions and area of the lot or site;
(6)
The ratio of floor area to the site area;
(7)
The location, description and periods of illumination of all
exterior lighting;
(8)
The location of all existing trees over six (6) inches caliper
if deciduous or over six (6) feet in height if evergreens and an indication
of all such trees to be removed and all to remain;
(9)
Landscape plan including improvements such as walls, fences,
walkways;
(10)
The general location and approximate dimensions of all vehicular
and pedestrian circulation elements, including streets, driveways,
entrances, curb cuts, parking and loading areas and sidewalks, including
slope and gradient of vehicular elements;
(11)
The location and size of existing and proposed public water
and sewer utilities on and adjacent to the site; and location of fire
hydrants;
(12)
The location and number of proposed off-street parking spaces;
(13)
The general of the site, including all open space landscaping
and all buffering from adjacent activities or uses;
(14)
The location and identification of any other proposed facilities
or site improvements;
(15)
The location and size of proposed signage with a color rendering
of sign content;
(16)
List of names and addresses of adjacent property owners.
d.
More specific submission requirements may be separately published
as administrative regulations and filed with the City Clerk.
e.
The application shall not be deemed to be received until such information
is received from the applicant.
D.
Review Procedure.
[Ord. No. 2842, 2-20-2024]
2.
The Zoning Officer shall coordinate the review and analysis of the
site plan application with other affected City departments before
final action may be taken by the Commission on the application. This
coordinated review of the application shall be completed within sixty
(60) days of submission. The results of this review shall be compiled
by the Zoning Officer and reported to the Commission for its consideration.
3.
After the Commission receives the site plan application and associated
documents, it shall review the application and report it has received
from the Zoning Officer. The Commission may then either approve, disapprove
or conditionally approve the site plan.
4.
At the applicant's discretion, he/she may choose, following the submission
of the report of the Zoning Officer to the Commission, to regard his/her
initial application as a preliminary site plan. He/she may then respond
to the review of the Zoning Officer and Commission and submit a revised
final site plan to the Commission for its consideration and final
action within an additional forty-five (45) days thereafter.
5.
The action of the Commission approving, disapproving or conditionally
approving the site plan shall accompany its report and recommendation
to the Board of Aldermen.
6.
The Board of Aldermen shall have the exclusive power to grant final
approval of any site plan submitted to it by the Commission. In granting
such approval, the Board of Aldermen shall provide for all prescribed
conditions and restrictions in an ordinance approving said site plan
as set forth in the Commission's report. If a site plan is approved
by the Commission, a simple majority vote of the Board of Aldermen
will be required for final passage of the ordinance approving the
same.
E.
Conditions And Restrictions.
1.
In approving a site plan, the City may impose conditions and restrictions
and may vary the standards and prescribed development standards within
the range of such discretion as prescribed elsewhere in this Chapter
so long as the general intent of this Chapter is carried out.
2.
If the City imposes conditions or restrictions, it shall designate
specific requirements that must be met before an applicant may be
granted final approval of a site plan for recommendation to the Board.
F.
Period Of Validity For Site Plan Process. No site plan as finally approved under the provisions of this Chapter herein shall be valid for a period longer than twelve (12) months from the date it is approved. Site plan approvals shall also become invalid if the conditions of the site plan are not met. The Board of Aldermen may grant extensions not exceeding twelve (12) months each upon written request of the original applicant and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the Board of Aldermen has the power in such cases to attach new conditions to its reapproval or disapprove of the reapplication. Where the application for reapproval contains changes which the Board of Aldermen concludes materially alter the initial application, it shall refer the application to the Zoning Officer who shall initiate a new site plan review procedure as stated in Subsection (C)(3)(a — e), inclusive, set forth above.
[Ord. No. 2564, 11-17-2020]
G.
Site Plan And Building And Occupancy Permits. The City shall
not certify an application or issue a business license for a building,
structure or site within a project that has undergone site plan process
unless that building, structure or site is in compliance with the
site plan as approved herein.
H.
Site Plan Standards. In considering any application for
approval of a site plan, the following factors shall be considered:
1.
The relationship of proposed uses, functions, sites and buildings
within the tract to each other;
2.
The relationship of proposed uses, functions, sites and buildings
within the tract to existing land uses and the permitted uses of adjoining
tracts in accordance with correct zoning;
3.
The provision and distribution of adequate parking facilities;
4.
The provisions of proper means of access to and from public roads;
5.
The provision of site amenities including off-street parking, landscaping
and fences;
6.
Any other factors relevant to the public health, safety and convenience
and general welfare of the residents of the City of Warrenton.
I.
Stage Development. In the event a site plan shall provide
for the construction of a complex of buildings and site improvements
to be developed over an extended period of time, a detailed site plan
shall be submitted for review by the Commission in accordance with
this Section for each specific building project. Such detailed site
plans may be submitted in advance of or in conjunction with an application
for a building permit. Of primary importance in this review will be
a determination that the detailed site plan complies with the site
plan process for the total development or project.
J.
Landscaping Requirements. All site plans shall be accompanied by landscaping and screening plans as required under Section 405.265 of the Warrenton Municipal Code herein. In the event that an applicant eligible for administrative site plan review under Section (B) above demonstrates practical or geographical limitations in meeting the requirements of Section 405.265 of the Warrenton Municipal Code, said applicant may request to the Board of Aldermen to make an alternative cash payment equivalent to the cost of landscaping said property. Said request must be made at the time of submittal of the site plan and the decision to allow a cash payment in lieu of installation of landscaping shall be in the sole and absolute discretion of the Board of Aldermen. If an applicant is eligible and requests to make said alternative cash payment, the cost of landscaping shall be determined by the Board of Aldermen's designee and submitted to the Board of Aldermen at the time the applicant makes his/her request. The cash payments are to be deposited into a special "green space fund" and used for the beautification of the community.
K.
Completion Of Escrow. To insure completion of the improvements
herein required, the developer may be required 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 of the
finally approved site plan within a period of time not to exceed two
(2) years from the date of approval of the site plan. Such bond or
account shall be in the amount of one hundred percent (100%) of the
estimated cost of the improvement as determined by the Public Works
Director and with surety and conditions satisfactory to the Board
of Aldermen. No building construction shall be permitted on any lot
that does not comply with the provisions of these regulations and
other applicable elements of the Comprehensive Plan and no municipal
utility service shall be furnished to such lot.
1.
Completion of construction. The construction of
all stormwater improvements shall be completed within two (2) years
of signing of the site plan by the Mayor of the City of Warrenton.
The Board of Aldermen may grant time extension for those developments
showing good cause as to why the improvements have not been completed.
In the event that an extension is requested and granted, the escrow,
surety bond or irrevocable letter of credit for those developments
not completed shall be extended for the same period of time.
2.
Construction approval. When the Public Works Director
approves the completion of each phase of improvement construction,
ninety-five percent (95%) of the appropriate amount of escrow will
be released by the City.
3.
Final approval. Upon completion and approval of
all improvements and receipt of all required documentation, the balance
of the escrow will be released.
4.
Failure of construction of improvements. Upon the
default or failure of the developer to complete such improvements
within said two (2) year period or any extension thereof granted by
the Board of Aldermen, the developer shall be considered in default
and the City will become the owner of the escrow account or may make
demand upon the surety bond or irrevocable letter of credit.
[R.O. 2006 §400.395; Ord. No. 1023 §I, 7-6-1998; Ord. No. 1434 §I, 9-7-2004; Ord.
No. 1480 §I, 4-5-2005; Ord. No. 1662 §I, 11-21-2006]
A.
Whenever:
1.
An application for a variance;
2.
An application for a conditional use permit;
3.
An application for site plan process; or
4.
An application for a review or variance by the Board of Adjustment
of the Building Commissioner's order or determination with respect
to signs if filed;
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Or whenever:
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5.
A zoning amendment is proposed which reclassifies real estate; or
6.
A plat is to be reviewed by the Planning and Zoning Commission,
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the City Clerk shall cause the owners of all lands that are
within an area determined by the lines drawn parallel to and three
hundred (300) feet distant from the boundaries of the property included
in said request or which is the subject of (1) through (6) above to
be notified in writing by first class mail of such filing or review
at least ten (10) days prior to any action thereon.
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B.
Any application or other filing outlined in Section 405.395(A)(1) through (6) above shall be accompanied by three (3) copies of map/plat(s) showing the real estate that is the subject thereof and all lands adjacent thereto with the respective names and addresses of the owners of the adjacent lands and all other documents as required by the specific process. Such application shall be reviewed by the City staff for completeness prior to acceptance for processing. After review by the City staff, the number of copies and the format of required documents shall be provided by the applicant in quantities and on dates as determined by City staff.
C.
The failure of the owners of those lands located in the area determined by the lines drawn parallel to and three hundred (300) feet distance from the boundaries of the property included in the request mentioned in Subsection (A) or which is the subject of Subsection (A), to receive the notice provided herein, or the failure of the City Clerk, applicants or any other person to comply with the provisions of this Section shall not affect the validity of any proceeding or action under this Title IV.
